HomeMy WebLinkAbout1000-64.-3-3OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
Main Rd. & Youngs Ave.
Southold, NY 11971
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
To:
Jim King, President
Town of Southold Board of Trustees
From: Mark Terry, LWRP Coordinator
Scott A. Hilary, LWRP Coordinator
Date: January 12, 2009
Chapter 268, WATERFRONT CONSISTENCY REVIEW
Wetland Permit for JOSEPH & HEIDI BATTAGLIA
SCTM#64-3-3
Patricia C. Moore, Esq. on behalf of JOSEPH & HEIDI BATTAGLIA requests a Wetland Permit to demolish the
existing dwelling, barn and chicken coop and construct a new dwelling and sanitary system; cut and remove all trees and
branches that have fallen onto beach front; remove debris, dead branches, and driftwood; remove trees on southeast side
of property, which all roots have been exposed; and add rip-rap or large stones to the eroded edge of soil line. Located:
2000 Hobart Rd., Southold. SCTM#64-3-3
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town
Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided
on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our
recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is
INCONSISTENT with the LWRP.
THE FOLLOWING SECTION ADDRESSES THE PROPOSED NEW DWELLING:
Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem
6.3 Protect and restore tidal and freshwater wetlands.
Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and
regulations for all Andros Patent and other lands under their jurisdiction
1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions.
§ 275-3 Findings; purpose; jurisdiction; setbacks.
C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold.
(1) Any freshwater wetland, tidal wetland, beach, bluff, dune, fiat, marsh, swamp, wet meadow, bog, or
vernal pool;
D. Setbacks.
The following minimum setback~ apply to any and all operations proposed on residential property within the
jurisdiction of the Board of Trustees:
(a) Wetland boundary.
[1] Residence: l OO feet.
The distance from the edge of wetlands to the proposed action is approximately 84.1 feet[ a minimum setback
distance of 100 feet from the wetland line is required pursuant to Chapter 275-3. Findings~ purpose~ iurisdictiom
setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent
practicable.
In the event the proposed action (new dwelling) is approved, the following BMP's are recommended:
1)
2)
Install a line of hay bales and a silt fence seaward of the proposed action as an erosion control measure to
retain runoff sediments during construction.
Maximize a perpetual 35' non-disturbance buffer landward of the upper tidal wetlands boundary within
the exiting (maintained) lawn area and mature oak trees.
THE FOLLOWING ADDRESSES THE PROPOSED RIP RAP OR LARGE STONES:
The natural shoreline has an inherent naturai~ social~ and economic value that should be respected to ensure
continuing benefits to the town~ region and state. Hardening of the shoreline is to be avoided except when
alternative means~ such as soft engineering alternatives are not effective. Often hard shoreline structures such as
the proposed action can contribute to erosion both on and off the site due to poor design and sitting inhibiting the
down drift remediation of sand. Soft structural protection methods are to be used to conform to the natural
coastal processes. Beach nourishment and re-vegetation are preferred approaches in controlling erosion because
of the lower cost and fewer environmental impacts than hard structures. Hard shoreline protection structures
should only be allowed when a property is in danger~ and no other alternative will save the structure. The
portions of the Town's shoreline that are not fortified should generally remain in a natural condition to respond to
coastal processes. Therefore~ before a permit is granted for any hardened erosion control structure~ the purpose~
function~ impact~ and alternatives to the proiect must be carefully evaluated to determine whether the proposed
structure is necessary and whether adverse impacts can be avoided or minimized.
4.1 Minimize losses of human life and structures from flooding and erosion hazards.
B. Use vegetative non-structural measures to manage fiooding and erosion hazards.
1. Use vegetative non-structural measures which have a reasonable probability of managing flooding and erosion, based
on shoreline characteristics including exposure, geometry, and sediment composition.
D. Use hard structural erosion protection measures for control of erosion only where:
1. Avoidance of the hazard is not appropriate because a structure is functionally dependent on a location on or in coastal
waters; located in an area of extensive public investment; or reinforces the role of Maritime Centers or Areas for
Concentrated Development.
2. Vegetative approaches to controlling erosion are not effective.
3. Enhancement of natural protective features would not prove practical in providing erosion protection.
4. Construction ora hard structure is the only practical design consideration and is essential to protecting the principal
use.
5. The proposed hard structural erosion protection measures are:
a. limited to the minimum scale necessary
b. based on sound engineering practices
6. Practical vegetative methods have been included in the project design and implementation.
7. Adequate mitigation is provided and maintained to ensure that there is no adverse impact to adjacent property or to
natural coastal processes and natural resources and, if undertaken by a private property owner, does not incur significant
direct or indirect public costs.
The applicant has not met the above criteria to warrant the use of hardened erosion control measures at this time.
If the agency~ Board of Trustees makes a contrary determination of consistency, the agency shall elaborate in
writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront
Consistency Review.
§ 268-5. Review of actions.
H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the
agencT makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its
disagreement with the recommendation and state the manner and extent to which the action is consistent with the
L WRP policy standards.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written
determination regarding the consistency of the proposed action.
BUILDING-STRUCTURE INVENTORY FORM
DIVISION FOR HISTORIC PRESERVATION
NEW YORK STATE PARKS AND RECREATION
ALBANY, NEW YORK I518! 474-0479
YOUR NAME: TOW~ of Southold/SPLIA
5. PRESENT OWNER:
. 6. USE: Or,ginal: -IAesidence
7. ACCESSIBILITY TO PUBLIC:
FOR OFFICE USE ONLY
UNIQUE SiTE NO.
QUAD
SERIES
NEG. NO.
DATE:
YOUR ADDRESS: Town' Hall, l~ain Road TELEPHONE:(~16) 765-1892
Southold L,I., N.Y.119?i
,ORGANiZ,~TiON(ifan~:,):.._ - So.u. thold Town Community Development Office
IDE~FICATION '*
I. BUILDING NAME(S):Oa~en~e~ ho~s~
2. COUNTY:SUffO~ TO~/CITY ~ou~hold ~LLAGE: ~o~hold
3. ~REET ~ATION: Wnb~% Road, west side, opDosite ~di~
4. O~ERSHIP: a. public ~ h private ~
' "' ~ '~ADDRESS:
' ' Pre~nt: ~esidenee
Exlerio~ ~stble f~om public ~oad: Yes
Inle~iof ~ssible: .Explain . .
DE~RI~ION' ,*, o
8. BUI~)ING ~ a. clapb~rd ~ b.Cstone ~ ~ c. brick
MATERI'AL: e. cobbleston~ ~ f. ~ing[es ~ : g. a~ucco
STRUCTLIRAL
SYSTEM:
(if knt~,'n I
tO. CONDITION:
I I. INIT'.(;RITY:
a, wood frame with interlocking joints []
b. wood ffamc with light members []
c. masoo~ load bearing walls E3 :' ' '
---~ d. racial lexplain)
e. olher
a. exccllen, ~] b. good ~ c. t~.ir ~] ' d. del,rioraled []
a. original sile ~ b. moved ~ if so,when?
c, list major alteralions and dates (tf known):
brick eladdi~ added
SD 158
SD-RSM XVII-22
Ir PIIOTO' from north west
-~ont'(west) and north elevation
13. MAP: N.Y.S.
DOT Southold Quad
N
14. THREATS TO BUILDING' a, none known 7'~ b. zomng ~ c, roads LTJ Sl~ 1~
d. developer~ ~ e. deterioration ~
f, other'
15. RELATLD OUTBUILDINGS AND PROPERTY:
, a. barn~ b, car[ia~e hou~ ~ c, garage ~
d. privy ~ e. shed ~ ' L g{eenhouse ~
g. ~hop ~ h. ga[hens ~
i. landscape features: P~-~o~r ~h~el ~A~
16. SURROUNDINGS OF THI{ BUILD[NG (check more Ihan one if
a.o~n land ~ b. woodland ~
c. ~atte{ed buildings ~
d. den~ly built-up O e. commercial ~
f, industrial ~ ~ residential ~
h.o~er: nv~rlnnkR ~n~
~h~ natural rural quality has been
17. INTPRRELATIONSHIP OF BUILDING AND SURRO~DINGS:
(Indicate if building or ~truemre i~ in an hiatoric
~w density road ~nni~ alo~ the easSern side of
~reeE ~o Founders L~ding. Houses are surrounded by
· la~, greenery, or o~her untouched natural surroundi~s.
OTHER NOTABLE FEATUR~ OF BUILDING ANDSITE (includingintcrior~aturesifknown):
2}-story multi-gabled 19th century house with early 20th
century distressed-brick veneer.
Matching brick piers and walls at entrances.
SIGNIFICANCE
It}. DATE OF INlllAL ('ONSTRU(.'I ION.
ARCIIFI'I .CT
circa !9no
...... '- BUILI)[' R
20.
IIISTORI('AI -~,ND AR(.'IIITECTURAL IMPORTANCE:
This unusual house blends well with its natural landscaping.
Was Carpenter house in 1909
:1. SOURCES: E. Belcher-Hyde. Atlas of Suffolk County,.L.I.
North Side. Sound Shore. 1909
22. 'filL ME:
Form prepared by Rosemary Skye Morltt,
research assistant
Town of Southoid
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of $outhold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consigt*ncY Review Law.
This assessment is intended to supplement other information used by a Town of Southold agency
in making a determination of consistency. *Except minor exempt actions including Building
Permits and other ministerial permits not located within thc Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold
Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect
~ the achievement of the LWRP policy standards and conditions contained in the con~sistency review
'~' law. Thus, the~ac,~should be analyzed in more detail and, if necessary, modifi~d~,~or ~-. making
/')/ r-xa determinaJ[o~t~at ~i,s, consistent to ~he maximum extent practicable with We L _.__Wl~l~.!cy
,1~ [ ~[tand~e~)nditions. If an action cannot be certified as consistent wilh
~,.F,,~' '__.._~ ~,~a.~:ta~rds and conditions, it shall not be undertaken. ,.~,
M-copy of the LWRP is available in the following places: online at the rT-~wn o')Sout~old's web.s, ite.
(southoldtown.northfork.net), the Board of Trustees Offie~the~l va~inx~ I~epartment, all local hbranes an~,~
DESCRIPTION OF SITE AND PR C~BII~N ~ J~ e
scTM# 1000-64-3-3 (Joseph & Heidi Battagli~) . . ~'~
AGENT:
Patricia C. Moore Esq.
51020 Main Road, Southold NY 11971
631-765-4330
The Application has been submitted to (check appropriate response):
Town Board [] Planning Dept. [] Building Dept. []
Board ofTnlstees X Zoning Board of Appeals
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital construction, planning
activity, agency regulation, land transaction) [] ~ ~)0-.~'x )
(b) Financial assistance (e.g. grant, loan, subsidy) []
(c)
Town of Southold LWRP
Consistency Assessment Form
Permit, approval, license, certification: [] Type: Trustees Permit
Nature and extent of action: The existing residence is located approximately 70 feet
from the AHW. The existing residence will be demolished and new residence will be
set back 80 feet from the AHW. The area is disturbed and the reconstructed house
is more consistent with the LWRP then the existing structures. The property
contains a barn and chicken coop which will also be demolished, therefore there is
no threat to the property.
Location of action: 2000 Hobart Road, Southold
Site acreage: 101,022 sq.fl, to tie line
Present land usc: residential
Present zoning classification: R-40
2. If an application for the proposed action has been filed with thc Town of
Southold agency, the following information shall be provided:
(a) Name of applicant: Joseph & Heidi Battaglia
(b) Mailing address: 28 Wilton Road, Cold Spring Harbor, NY
(c) Telephone number: (516-785-8974.) or Pat Moore 765-4330
(d) Application number, if any:
Will the action bc directly undertaken, require funding, or approval by a state or federal
agency? Yes [] No X If yes, which state or federal agency: __
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances
community character, preserves open space, makes efficient use of infrastructure, makes
beneficial use o fa coastal location, and minimizes adverse effects of development. See L WRP
Section 111- Policies; Page 2for evaluation criteria.
Yes X No [] Not Applicable []
Discussion (if appropriate): The demolition of the existing structure enables the owner to
move the house back to 80 feet from the edge of wetlands The proposed structure
makes beneficial use of the waterfront residence. The new dwelling will comply
with current environmental regulations and energy efficiency.
Policy 2. Protect and preserve historic and archaeological resources of the
Town of Southold See LWRP Section III- Policies Pages 3 through 6for evaluation criteria
Yes [] No [] Not Applicable X
Town of Southold LWR~
Consistency Assessment Form 2
Discussion (if appropriate): The site is not identified as area of archeological sensitivity
or on the National Register on the map produced by NYS Dept. Of State, Division of
Coastal Resources. The existing building is not on the Town or State Historic
registry.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold. See LWRP Section Ili- Policies Pages 6 through 7for evaluation criteria
Yes X No [] Not Applicable []
Discussion (ifappropriate):the residential use of the property will not change. The
propsed house contains gutters and leaders which control drainage and provides
for proper sedimant control. Compliance with the front yard setbacks of zoning
prevent the owner from moving the house back to greater than 80 feet.
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion.
See LWRP Section 11I - Policies Pages 8 through 16for evaluation criteria
Yes X
No [] Not Applicable []
Discussion (if appropriate)'. The proposed house meets flood standards. The properl3, is
on the Toown Creek with no evidence of erosion
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP
Section II1- Policies Pages 16 through 21for evaluation criteria
Yes
No [] Not Applicable X
Discussion {if appropriate): New sanitary system will be required. The house is designed
to prevent discharge of runoff into surface waters through use of gutters and
leaders. The owner will plant native and Iow-fertilizer dependent plant species
which reduce nitrogen loading from the site.
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems
including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section Ill -
Policies; Pages 22 through 32for evaluation criteria.
Yes X
No [] Not Applicable []
Discussion (if appropriate): The site is adjacent to Town Creek, the proposed residence
will be greater distance from the wetlands then the original structure. The property
was developed with a year round dwelling and replacement of the dwelling is
consistent with Town policies and New York State policies. The distance of the
Town of Southold LWRP
Consistency Assessment Form 3
t
house and sanitary to the wetlands was maximized and the setback to the edge
of wetlands exceeds the setbacks of ad|agent properties from the water.
Policy Z Protect and improve air quality in the Town of Southold. See LWRP Section lll-
Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34
through 38for evaluation criteria.
Yes []
No [] Not Applicable X
Discussion (ifappropriate):No impact is anticipated to air quality by replacement of a
single family dwelling.
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and
hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38for
evaluation criteria.
Yes
No [] Not Applicable x
Discussion (if appropriate): The proposed structures will not impact solid waste or
hazardous substances.
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters,
public lands, and public resources of the Town of Southold. See L WRP Section III -
Policies; Pages 38 through 46for evaluation criteria.
Yes X No [] Not Applicable X
Discussion (ifappropriate):The parcel is private, however, access along the beach is
open to the public
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new
water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through
56for evaluation criteria.
Yes X No [] Not Applicable []
Discussion (ifappropriate)l Residential Homes along the water are the primary use in
the Town of Southold. Southold has limited commercial development and the taxes
that new single family homes pay is disl~roportionate to the services they demand.
The new dwelling will be assessed higher then the existing dwelling.
Policy I1. Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62for
evaluation criteria.
Town of Southold LWRP
Consistency Assessment Form 4
Yes X No [] Not Applicable []
Discussion (if appropriate): The house was constructed in 1930's and alterations made
over time. The proposed dwelling will promote and enhance marine resources
because the construction mitigates the existing conditions and is environmentally
friendly and all the regulatory agencies control the proiect to prevent degredation of
the environment.
Policy 1Z Protect agricultural lands in the Town of Southold. See L WRP Section II1 -
Policies; Pages 62 through 65for evaluation criteria.
Yes [] No [] Not Applicable X
Discussion (if appropriate): The area is not a designated agricultural district. The
neighborhood consist of single family homes on existing parcels
Policy 13. Promote appropriate use and development of energy and mineral resources. See
Lgf'RP Section II1 - Policies; Pages 65 through 68for evaluation criteria.
Yes X No [] Not Applicable []
Discussion (ifappropriate):Residential development is a recognized permitted and
encouraged use in the Town of Southold.
*copy of Town form created on 2/11/06
Town of Southold LWP~
Consistency Assessment Form 5
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V.
PROPOSED SEPTIC SYSTEM DETAIL
(NDT TO SDALE)
130'
LEACHING POOL
OF A 3 POOL SYSTEM
SEPTIC TANK (1~
SURVEY OF PROPERTY
SITUATE
SOUTHOLD
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-64-03-0,.5
SCALE 1 "=.30'
MAY 28, 2008
JULY 10, 2008 ADDED TEST HOLE & PROP. LOTS
DECEMBER g, 200B ADDED PROPOSED HOUSE
TOTAL AREA 101,022 sq. ft.
(m TIE LINE) 2.319 aC.
UPLAND AREA = 95,846 sq, ft.
2.200 ac.
DRAINAGE SYSTEM CALCU~4TIONS:
ROOF AREA: 5.543 sq. ff.
3,543 sq, f1, X 0.17 = 602 cu. ff.
602 cu. ff. / 42.2 = 15 verll¢ol ff. of 8' die. leeching pooll required
PROVIDE (5) B' dl~. X 5' high STORM DRAIN POOLS
PROPOSED B' DIA. X 2' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS:
NOTES:
CERTIFIED TO:
JOSEPH BATTAGLIA
HEIDI BATTAGLIA
PECONIC ABSTRACT, Inc.
FIDELITY NATIONAL TITLE INSURANCE
TITLE No. FNP-01504
COMPANY
1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM
EXISTING ELEVATIONS ARE SHOWN THUS:~
EXISTING CONTOUR LINES ARE SHOWN THUS: ....
2. MINIMUM
1 TANK;
$. MINIMUM
5 POOL;
O PROPOSED LEACHING POOL
Q PROPOSED SEPTIC TANK
4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD
OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS.
5. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND
REMOVED IN ACCORDANCE WITH S.C.D.B,S. STANOARDS,
SEPTIC TANK CAPACITIES FOR A 6 BEDROOM HOUSE IS 1,500 GALLONS.
8' DIA. 5' LIQUID DEPTH
LEACHING SYSTEM FOR A 6 BEDROOM HOUSE IS 400 sq f1 SIDEWALL AREA.
6' DEEP, 8' dla.
PROPOSED EXPANSION POOL
73.82,
TEST HOLE DATA
THE EXISTENCE OF RIGHT OF WAYS
AND/OR EASEMENTS OF RECORD, IF
ANY, NOT SHOWN ARE NUT GUARANTEED.
Nathan Taft Corw n III
Land Surveyor
PHONE (651)727-2090 F~x (631)727-1727