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Home My WebLink About1000-31.-14-8.2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Date: Re: Principal Planner LWRP Coordinator December 15, 2009 Proposed Wetland Permit for KEVIN FAGA SCTM# 31-14-8.2 Jeffrey T. Butler, P.E. on behalf of KEVlN FAGA requests a Wetland Permit to remove the existing dwelling to top of foundation; repair foundation and elevate to make flood compliant; rebuild house with addition and square-off house on west side. LoCated: 12580 Main Rd., East Marion. SCTM#31-14-8.2 Note that the proposed action is located within Flood Zone X an (area determined to be out of the 2% floodplain) (FIRM Panel 0064H revised September 25, 2009) and not located within Flood Zone AE9 as stated on the plat. 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 me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided the following best management practices are implemented. Additionally, if the action is approved and to further Policy 4.2 Protect and restore natural protective features and Policy 6.3 D and E (below); Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. To minimize residential use impacts to the water quality of Orient Harbor it is recommended that a perpetual landscape ve,qetated buffer be required from the existinq wooden bulkhead to the Coastal Erosion Hazard Line. It is further recommended that the Board require the dimensions and terms of 1he buffer to be filed within a Covenant and Restriction and filed with the office of the Suffolk County Clerk. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney O~ffFIC E LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRON~ REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: July 16, 2008 Re: Proposed Permit to Wetland Permit for KEVIN FAGA SCTM#31-14-8.2 Jeffrey T. Butler, P.E. on behalf of KEVIN FAGA requests a Wetland Permit and Coastal Erosion Permit to renovate and construct additions to the existing single-family dwelling, and upgrade the sanitary system. Located: 12580 Main Rd., East Marion. SCTM#31 - 14-8.2 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 me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. 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. The distance from the bulkhead to the proposed action is approximately 24 feet; a minimum setbackdi~nce of 100 feet from the wetland boundar~ (bulkhead) is required pursuant to Chapter 275-3. Findingsi purpose; iurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. Further the proposed action may require a variance from the Zoning Board of Appeals pursuant to § 280-116. § 280-116. Building setback requirements adjacent to water bodies and wetlands. B. .411 buiMings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 7Sleet from the bulkhead § 268-5. Review of actions. F. Upon recommendation of LWRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the L WRP policy standards summarized in 3~ 268-1 herein. Prior to making its determination of consistency, the designated agency shall consider the consistency recommendation of the LWRP Coordinator. The agency shall render a written determination of consistency based on the CAF, the L WRP Coordinator recommendation and such other information as is deemed necessary lo its determination. No approval or decision shall be rendered for an action in the coastal area without a determination of consistency. The designated agency will make the final determination of consistency. The Zoning Board of Appeals is the designated agenc}, for the determination of consistentT for variance applications subiect to this chapter. The Zoning Board of Appeals shall consider the written consistencv recommendation o[ the L WRP Coordinator in the event and at the time it makes o decision to grant such a variance and shall impose appropriate conditions on the variance to make the activitF consistent with the objectives o[ this chapter. If the action is approved the following best management practice (BMP) is recommended: 1. Require a minimum 10' non-turf, permeable buffer landward of the bulkhead. The BMP will further Policy 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restores tidal and freshwater wetlands 6.3 Protect and restore tidal and freshwater wetlands. D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's values, and Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. ., Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAI" for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. 'l'his assessment is intended to supplement other information used by a Town of Southold agcncy in making a determination of consistency. *Except minor exempt actions including Building Permi/s and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review thc cxcmpt minor action list, policies and explanations of each policy contained in the Town of Southold l,ocal Waterfront Revitalization Program. A proposed action will be evaluated as to its signi.ficant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thns~ each answer must be explained in detaii~ listing both supporting and supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION PROJECT NAME /--~,s~ ~,~9- /~'¢/z~'~,/Gr/~[ The Application has been submitted to (check appropriate response): TownBoard [~ Planning Board [~ Building Dept. [] BoardofTrustees 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) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: / ..x 5 Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, thc/bllowing information shall be provided: (a) Name of applicant: '~/~-~,~' (b) Mailing address: ~ (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No [-~ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community characte; preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal Iocatio,, minim~es adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes ~-~ No ~ Not Applicable Anach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. Soo LWRP Section III - Policies Pages 3 through 6 for evaluation criteria : Yes ~ No V~] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~-~Yes [] No ~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See lJW~{I~ Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes 5q No V~ot Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP SecOon Ill - Policies Pages 16 through 21 for evaluation criteria [25~Y~s [~ No ~NotApplicahle A~ach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems includin~ Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No Applicable Attach additional sheets if necessary 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 38 for evaluation criteria. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and pobli,: resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluafio, criteria. [] YeJ--] No [~Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent oses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [~ No [--~ot Applicable At~ach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peco~ic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] no Applicable Aitach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill - Policies; Pa~es 62 through 65 for evaluation criteria. Yes [] No ~Not Applicable Aitach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See I,Wl~.I' Section III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~ No [~NNot Applicable LINE / SYh450L LECENP T TEST HOLE CATC, H BASIN ~A5 VALVE P,I/kTE R VALVE i'4ANHOLE COVER UTILITY POLE LIE~HT POST MONUMENT ~TAKE HYO~NT AESE~RE'v'IATIONS ABV --- ABOVE MET --- METAL NT5 --- NOT TO BOALE O,H,--- OVER HEAP TIE -- 202.5¢2' TEST HOLE DATA // // 5 D8°44'00'' E AREA COVERAGE CHART: OE51¢., 5T~E, Tdf~E, EXISTIN¢ AREA, AP4EA TO E,E REMOVEP, AREA TO REMAIN~ PROPOSED AREA: FIRST FLOOR 5ECONO FLOOR FIRST FLOOR 5ECONO FLOOR (~) RESIOENCE 1,14B c',~.FT. 4q~ ¢-~2.FT. 2Dc1.12 5GLFT. RESIDENCE (FOOT~INT) 1,08D.82 ~,FT. ~ ~HED 62.00 5~.FT, $2,00 ~.FT. ~ ~IOENGE 2~.00 ~.FT, 2~.0 ~.FT. ~ PO~H ~.Sq ~.ET. 25.00 ~.~T. ~ ENVY PORCh I TOTAL (POO~INT)= 1,23~.~ SC.PT. tlll.5~ 5~.PT. 1,1~2.0~ ~.PT. ~l~2.Bq ~.PT. TOTAL (LIVIN~ A~ 4q~.00 ~.FT. 1~.~2 ~FT. ~.00 ~.FT. 5~]2 ~.FT. EXIBTIN~ ~,UILDIN~ (.,CrvERAC~E: 1,2'fD.44 ~.PT. / ±I'LBD2.5~ 56LFT.: PROPODEP BUILDIN~ CoVERAgE (INCLUDIN~ PORC, HE.~)~ PROPOSED LIVIN¢ AREA, 1,5,~4.~2 SGd=T (EXICTIN¢) + g~o.-/2 ~.PT. (PROPOSED) = 24.4-5.~4 5Gd=T, (TOTAL) NON TURF BUFFER EXISTIN¢ [400P E~UL~.HEAD q® HOOP \ STEPS H/ RAILIN \ (~¥ OHNEROF ~ \ LOT 8.1) \ LOCATION MAP: NOT TO SCALE PROPO$ED~ - Before You Dig, Drill Or Blast! ~.C'.T.M. L'I~ No. HUK LL // F~POBED LEACHIN~ POOL (I) E~'4~ X 4' DEEP I=OR ~IN HATER f; / \ (I) 8'~ X 6' DEEP FOR RAIN lA EXISTIN~ ' ' (4 // TO A EL. II.TI' EXI~TINE, pROPOSED J TO BE ,., . : ' .,. ~P TO TOP ~ F~NDATION. % 5E K: JO'-o" 1,~.) .~ECOND FL. POP~H EXISTIN~ eHED \ OVERHAN¢ \ -BUILDIN¢= AF~EA TO BE REMOVED 9 EXISTIN®\ CONCRETE\ HALL \ ZONING INFORMATION: RESIDENTIAL LOT AREA: DISTRICT (R-40): MINIMUM ALLOWED: 40,000 SQ.rF. PROVIDED: '1'17,532.56 BQ.FT. 150" LOT WIDTH: MINIMUM ALLOWED: PROVIDED: 103.35' LOT DEPTH: MINIMUM ALLOWED: 175' PROVIDED: 14,2.69' YARD REQUIREMENTS: MINIMUM FRONT SETBACK: PROVIDED: 91'-0" MINIMUM SIDE YARD SETBACK: 10' PROVIDED: 9'-3" CUMULATIVE SIDE YARD SETBACKS: 25' PROVIDED: 65'-6" MINIMUM REAR SETBACK: 35' PROVIDED: 35'-7" LIVING (FLOOR) AREA: MINIMUM REQUIRED: 850 SQ.FT. EXISTING: 1ST: 1,088.62 SQ. Ff. 2ND: 4,96 SQ. Ff. PROPOSED: 1ST: 288 SQ. FT. 2ND: 559.41 SQ. FT TOTAL; LOT COVERAGE: i! ' MAX. ALLOWED: 20% 'i i.i' I~OV EXISTING: 7.26% PROPOSED: 12.98% BUILDING HEIGHT: [0 20 DO 40 50 -I0' NON TUP~F BUFFER MAX. ALLOWED: 35' EXISTING: 24,'-0" PROPOSED: 28'-0" NUMBER OF STORIES: MAX. ALLOWED: 2.5 EXISTING: 2.0 PROPOSED: 2.0 Z _o ,4. F'AF E: oF[