The URL can be used to link to this page

Home My WebLink About1000-70.-5-41 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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 WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: September 18, 2009 Re: Proposed Wetland Permit for SCOTT & JENNIFER SCHULMAN SCTM#1000-70-5-41 Eh-Consultants, Inc on behalf of SCOTT & JENNIFER SCHULMAN requests a Wetland Permit to demolish the existing one-story dwelling and construct a new single-family, two-story dwelling with covered porch located 5.5' father from wetlands and in line with neighboring dwellings; abandon existing sanitary system located less than 100' from wetlands and install new, upgraded sanitary system more than 100' from wetlands; install a drainage system of drywells; and establish 5' wide non-turf buffer adjacent to top of slope in place of existing lawn. Located: 1575 Pine Neck Rd., Southold. SCTM#70-5-41 The proposed residential structure is located in FIRM Flood Zone X. 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 Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendations to further the below listed policies are implemented. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff. Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. If the action is approved it is recommended that the Board require the establishment of a perpetual land scaped buffer landward from the "top-of-slope". A sample definition follows: LANDSCAPED BUFFER -- a land area of a certain length and width which is planted with indigenous, drou.qht tolerant, vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve ninety-five (95) percent .qreund cover within two years of installation. Survival of planted veqetation shall be (ninety) 90 percent for a period of three years. Maintenance activities within the buffer are limited to removing ve.qetation which are hazardous to life and property, trimmin.q tree limbs ..n to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. Further, to further Policy 5, "Protect and improve water quality and supply in the Town of Southold' and protect and improve the water quality and supply in the area; the following best management practices are recommended: 1. Require that the existing dirt drive remain pervious into perpetuity. 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 Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS l. A 11 applicants f0r perm its* inchding T 0w n of S0uth0ld agencies, shall c0m plete this C C A F for proposed actions that are subject to the T0wn of S0uth01d W aterfr0nt C0nsistency Review Law. This assessmentisintended to supplement0therinf0rmati0n used by a'r0wn 0fS0uth01d agency in m a k in g a d ete r m in a ti0 n 0 f c 0 n sis t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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). 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. Thus, each answer must be explained in detail, listing both supporting, and non- suD~ortinu facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. B, DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 7o s 41 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. PROJECT NAME scott & JENNIFER SCHULMAN The Application has been submitted to (check appropriate response) TownBoard ['--] Planning Board ~] Building Dept. ~'--I B6"/rdofTrustees[~ Category of Tow~ 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: Demolish existing one-story dwelling and construct new single-family, two-story dwelling with covered porch located 5.5 feet farther from wetlands and in line with neighboring dwellings; abandon existing sanitary system located less than 100 feet from wetlands and install new, upgraded sanitary system more than 100 feet from wetlands; install a drainage system o£ dry~!ls~e~tablish 5' wide nonturf buffer adjacent to top of slope ~n place of emst~ng lawn all as deptcted on the stt~plan'pfepared by Dest~n Graf P.L.S.P.C., last dated July 2009. ? ~ "~ ~ ~ -'-~ Location of action: 1575 PINE NECK ROAD, SOUTHOLD Site acreage: 1.12ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: SCOTT & JENNIFER SCHULMAN (b) Mailing address: 280 BEVERLY ROAD SCARSDALE, NY 10583 (c) Telephone number: Area Code 201-938-4363 (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 policy. 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 character, preserves open space, makes efficient usc of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [---]Yes [-~ No [~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III ~ Policies Pages 3 through 6 for evaluation criteria ["--] Yes [--] No [~ 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 [5~ Yes ~ No [~ Not Applicable The project is consistent with Policy 3 insofar as the newly constructed dwelling will be relocated landward of the existing dwelling to be demolished so as to align with the neighboring dwellings and maintain the character of this developed shoreline. The project will also establish a nonturf buffer aIong the top of the slope, thus enhancing the natural appearance of the landscape between the dwelling and the shoreline. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria II Yes [--] No ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes [--'] No [--1 Not Applicable The project will protect and improve water quality and thus be consistent with Policy 5 through the establishment of an a 5-foot wide nonturf buffer in place of existing maintained lawn area landward of the top of slope. The surface water runoff absorption capacity of the site will be increased additionally through installation of a drainage system of drywells to capture and recharge roof runoff. Water quality will be further improved via installation of a new, upgraded sanitary system to be located more than 100 feet from tidal wetlands in place of an existing system located less than 100 feet from wetlands. Attach additional sheets if necessary 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 III - Policies; Pages 22 through 32 for evaluation criteria. Yes [--] No ~] Not Applicable The project is consistent with Policy 6 due to the drainage and septic treatment improvements described above (see Policy 5) and because of the landward relocation of the dwelling, establishment of a nonturf buffer, and the use of a project-limiting fence & staked haybales during construction. With respect to compliance with Trustees & NYS DEC Laws & Regulations, the work will be exempted from DEC Tidal Wetlands jarisdiction due to its location landward of a top of slope more than 10' above mean sea level. Due to the existing development scheme of the subject proper~y (including the location &the parking area, garage, and swimming pool) and the locations of the adjacent dwellings, it is impracticable to relocate the dwelling entirely beyond Trustees jurisdiction, but the new dwelling will be located landward enough to align with the adjacent dwellings, as required by Section 275-1 I(A)(3). 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 Not 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 public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~-~ Yes V~ No ~] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy i0. Pro. tect Southold's water-dependent uses and promote siting of new water-dependent suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. Yes ~] No [~ Not Applicable uses in Attach additional sheets if necessary Policy 11. 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 62 for evaluation criteria. [--] Yes [~ No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~] Yes [---] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [--] Yes [~ No [~ Not Applicable PREPARED BY ROBER~E.~RRM~NN TITLEcoASTALMGMTSPECIAL1ST DATE 8/27/09 Amended on 8/1/05