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Home My WebLink About1000-78.-6-1L. 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: From: Date: Re: Jim King, President Town of Southold Board of Trustees MarkTerry, Principal Planner ~ LWRP Coordinator September 16, 2009 Proposed Wetland Permit for STEPHEN & VIRGINIA McCONNELL SCTM#78-6-1 En-Consultants, inc. on behalf of STEPHEN & VIRGINIA McCONNELL requests a Wetland Permit to legalize approx. 289 sq.ft, of deck and steps, including approx. 130 sq.ft, of pro-existing deck and steps reconstructed without a wetlands permit and approx. 159 sq.ft, of additional deck and steps constructed without a wetlands permit; and establish a 5' wide, approx. 146 sq.ft, non-turf buffer to be maintained and/or planted with native vegetation along the top of the bank. Located: 6750 Main Bayview Rd., Southold. SCTM#78-6-1 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 below best management practices are required. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. It is recommended that perpetual, natural veqetated buffer, qreater than the proposed 5' in width, be required landward from wetland boundary in the south section of the property. An example definition follows: NATURAL VEGETATED BUFFER -- a I~qd crc& of a certain length and width where existing vegetation occurs prior to the comment ~ment of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum perce,,t ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of ~31anted vegetation shall be (ninety) 90 percent for a period of three I3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet I1 5') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path or stairs constructed of pervious material for access to the water-body. 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. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM I. A Il applicants f0r perm its* including T 0w n 0f S0uth01d agencies, shalI c0m plete this C C A F f0r proposed actions that are subject to the Town 0fS0uth01d Waterfr0ntC0nsistencyReview Law. This assessmentisintendedt0supplnment0therinf0rmati0n used by aT0wn 0fS0uth01dagency in m a k in g a d e t e r m in a ti0 n 0 f c 0 n s is tn 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 act. ion will be evaluated as to its significant beneficial and adverse effects upon the coastal area (w~ch includes all of Southold Town). If any question in Section C on this form is answ/ed "yes" or "no", then the proposed action will affect the achievement of the LWRP policy stagdards' and co. ndi!io.ns contained in th.e consistency review law. Thus.~ each answer must be expi./lined In detail, listing both supporting and non- SUpl, ortin~ facts. If an action cannot be certif/ed as consistent with the LWRP policy standards and conditions, it shall not be undertaken. / / A copy of the LWRP is available in the folllfiwing places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of/rrustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSEj) ACTION- SCTM# 7a_ - ~ . ~ , PROJECT NAME G^~'5~,,.~. ~~d~-~ v~va~-q~. ~ :, 'L~,~ . The Application has been snbmittkto (check uJ,ropriate response): Town Board I~ Planning B°ardVNr--q Buying! Dept. V--l- B-o~i~rdofTr'u~iees'[]~ Category of Town of Southold agency ac~ ~on (check appropriate response): Ia/^ction undertaken directly\bxy, , 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: Legalize approximately 289 square feet of deck & steps, including approximately 130 square feet of legally preexisting deck and steps reconstructed without a wetlands permit and approximately 159 square feet of additional deck & steps constructed without a wetlands permit; and establish 5' wide approximately 146 square foot nonturfbuffer to be maintained and/or.plan',~d,~etat on along the top of the bank all as depicted on the survey prepared by Stanley J. Isaksen;' Jr.,"lasFd'~eoC~ugust 6, 20009 : i Location of action: 6750 MAIN BAYVIEW ROAD, SOUTHOLD Site acreage :. 15,236 s.f. 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: STEPHEN & VIRGINIA McCONNELL (b) Mailing address: 6750 MAIN BAYVIEW ROAD SOUTHOLD, NY 11971 (c) Telephone number: Area Code 631-765-1171 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~1 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 use 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 1'~ 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 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 Ill - Policies Pages 8 through 16 for evaluation criteria Yes [--I No 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 ~] Not Applicable The existing deck is constructed with untreated, recycled composite plastic; a gravel drainage bed surrounds the perimeter of the deck; and a 5' wide nonturf buffer will be established along the top of the bank to mitigate surface water runoff. 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 Neither the function nor quality of adjacent tidal wetlands associated with the dredged canal will be impacted by maintenance of the small attached decks, which as noted above are constructed with untreated, recycled composite plastic & surrounded by a gravel drainage bed. Runoff on the site in general will be mitigated by establishment of a nonturf buffer along the top of the bank to be planted with native vegetation where vegetative cover is not already present. Although the decks do not meet the recommended setbacks, the preexisting location of the house and original deck make such compliance impossible. The NYS DEC has determined maintenance of the decks is permissible conditioned upon establishment &the planted buffer. 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 [5~ 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. [~ Yes ~ No ~ Not Applicable 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 [~ No E~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect $outhold's wate. r-dependent uses and promote siting of new water-dependent suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. V--] 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. V--] Yes ~] No [5~] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Sonthold. See LWRP Section III - Policies; Pages 62 through 65 for evalnation 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 [5~ Not Applicable PREPARED BY ROB~..HERRMANN , TITLE COASTAL MGMT SPECIALIST DATE 8/14/09 Amended on 8/1/05 Board Of $outhold Town Trustees SOUTHOLD, NEW YORK Mooring No. PERMIT NO. 2085 ATI:. Oct 30, 1985 I'q(;lll::l'3 TO Ste hen J McConnell Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and C.hapfer 404 of the Laws of the State of New York 1952; and the Soufhold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and fha REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted afa meeting held on .Qq~: ~.0~ 1985.. , and in consideration of fha sum of $..5r 0Q paid by Stephen J. McConnell of Southold N. Y. and subiect to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Application approved under the Grandfather Clause to secure a permit for a bulkhead in Corey Creek, as per the specifications submitted on the agplication. . ali Iff accordance with the detailed specifications as presented in the origlnafing application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed and these presents to be subscribed by a majority of the said. Board as of this. def~e~." ~;~ ~ , .?? ~ ........... ..... ~ .--~ Trustees TABLE OF AREAS TOTAL LOT AREA: 15,236 S.F BUILDABLE LAND = 15,256 -- 900 (FASEMENT) - 127 (WETLANDS OUTSIDE EASEMENT) = 14,209 SF AREA OF HOUSE AND GARAGE = 1,355 S.F. AREA OF DECKS = ?~-0 SF + 116 S.F = 256 S.F, TOTAL AREAS: 1,591 PERCENT COVERAGE OF BUILDABLE LAND: 1,591/~4,209 = GUARANTEED TO: STEPHEN d. McCONNELL VIRCIBIA H. McCONNELL MAIN BAYVIEW ROAD S 59'01'00"E 170.00' N 59'01;0Q 2 WOOD FRAME RESIDENCE ~'~' GARAGE : N/F WERTHNER ~ RYAN SURVEY OF DESCRIBED PROPERTY SITUATE 13AYVIEW, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: STEPHEN d. /vlcCONNELL VIRGINIA H, McCONNELL TM# 1000-078-06-001 TIE = 22685' ASPHALT DRIVEWAY ~ 70.00' ELEVATIONS ARE IN 1929 NGVD. SURVEYED: 10 MARCH 2009 SCALE 1"= 50' ARF~ = 15,256 S.F. OR 0.550 ACRES SURVEYED BY STANLEY d. [SAXSEN, dR. P.O. BOX 294 NEW N.Y. ~956 657-754 )R Lic. No. 49: 09R7714 106 AUG 09 ADD TABLE OF AREAS. NON-TURF BUFFER