HomeMy WebLinkAbout1000-123.-6-14 (2)Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003
(631) 537-5160 Fax: (631) 537-5291
Bruce Anderson, M.S., President
May 30, 2007
Mr. Mark Terry; LWRP Coordinator
Southold Town
P.O. Box 1179
Southold, NY 11971
Re:
Situate:
SCTM #:
Daneri L WRP Determination
200 Terry Path (Private Road #17); Mattituck
Town of Southola~ New York
1000 - 123 - 6 - 14
Dear Mr. Terry,
This office is in receipt of your determination concerning the proposed
improvements at the above referenced property as they relate to the Southold Town
Local Waterfront Revitalization Program (LWRP). In said determination, you state that
the instant proposal is INCONSISTENT with the Southold Town LWRP for the
following reasons:
As it relates to Policy 4.1 .A.3: Minimize loss of life, structures, and natural
resources from tlooding and erosion: "Note that the majority of the property is
located in Flood Zone AE Elevation 8; the property located just seaward of the proposed
house and porch is Flood Zone VE: Coastal Flood with Velocity Hazard (wave action).
A recent storm in the area has breached the bulkheads along this shoreline. Two of the
drywells fvr the house are proposed in this VE Flood Zone. It is recommended that the
structure be located not within the flood zone to the greatest extent practical. SEE
A TFA CHED AERIAL PHOTO"
0
Please note that the proposed dwelling is located 30' from the existing
bulkhead, whereas the existing dwelling is located 11' from said
bulkhead. The proposed development has been located as landward as is
practical. During the storm referenced in your comments, the existing
dwelling was not damaged. It is unlikely that the proposed dwelling,
located 19' further landward and built to FEMA Compliance, will sustain
damage from flooding. The installation of a the 10' Non-Turf Buffer will
further protect the proposed dwelling by acting as a splash pad for the
rare storms that do breach the bulkheading.
The proposed drywells are located in the current position because of the
location of the proposed septic systen~ These drywells have been
approved by the Southold Town Trustees and will function properly.
In addition and as previously stated, the subject parcel is bulkheaded. A
bulkhead is a permanent structure installed for the specific purpose of
erosion control. The majority of this section of the Great Peconic Bay
shoreline is bulkheaded. It is unlikely that the proposed dwelling will
sustain any damage from erosion because of the presence of the
bulkhead. This is further evidenced by the fact that the exisling dwolling,
located 19' seaward of the proposed dwelling, has not sustained damage
as the result of erosion.
Most importantly, the proposed dwelling will be designed and
constructed In compliance with all applicable rules and regulations
promulgated by FEMA. Therefore, the proposed structure will be flood
compliant, whereas the existing dwelling is not. The position you have
taken cannot be sustained as no work would be permitted in a Flood
Zone thereby declaring every waterfront home In Southold non-
conforming.
Therefore, we maintain our position that the instant proposal is
consistent with Policy 4.
As it relates to Policy 6.3.A.1: Protect and restore the quality and function
at the Town of Southold ecosystem: "The proposed setback of the new structure
from a wood bulkhead is 29feet; a minimum separation distance of lOO feet is required
pursuant to Chapter §275-3. Findings; purpose; jurisdiction; setbacks. In addition,
pursuant to Article XXIII Section 280-116 of the Town of Southold Town Code, a
minimum setback of 75' is required from the bulkhead. Please require that the applicant
amend the application to meet the above policy to the greatest extent practical."
0
The instant proposal was approved by the Southold Town Trustees via
Permit #6428, and therefore complies with Trustee regulations and
recommendations as set forth in the Trustee permit conditions.
§275-3 sets forth a jurisdictional boundary for wetlands of 100'. The
position you have taken can not be sustained because if otherwise, every
action of the Southold Town Board of Trustees would be Inconsistent
with the LWRP.
Therefore, we maintain our position that the instant proposal is
consistent with Pohcy 6.
As it relates to Policy 5: Protect and Improve Water Quality in the Town of
Southold: "Additionally, if the action is approved and to further Policy 5: Protect and
Improve Water Quality in the Town of Southold:
1) Require erosion and sediment control Otay bales and silt fencing) during
construction activities to protect wetland system.
2) Require gutters, downspouts and sub-surface drywells to control storm water runoff
from all impervious surfaces.
0
The submitted surveys prepared by Joseph A. Ingegno indicate staked
hay bales and silt fencing, along with drywells (fed by gutters and
downspouts) to contain all runoff from impervious surfaces.
Therefore, we maintain our position that the instant proposal is
consistent with Policy 5.
in addition, the instant proposal was deemed inconsistent pursuant to the LWRP for
the application process with the Southold Town Trustees. However, in this case, the
instant proposal was inconsistent based only on its non-conformity with the Southold
Town Trustee Regulations (Policy 6.3.A.1), and nothing else. in other words, there is no
consistency between LWRP reviews of the same proposal. I have attached copies of
both these determinations for your records.
Kindly review the above information. We respectfully submit that the instant
proposal is consistent with the Southold Town LWRP, and the determination of
inconsistent should be reversed. If you have any questions, or wish to discuss this
matter further, please don't hesitate to contact me. Thank you in advance for your
cooperation in this matter.
Sincerely,
End.
Cc:
E. Daneri w/encl.
Southold Town Board w/encl.
Southold Town Board of Trustees w/encl.
Southold Town Zoning Board of Appeals w/encl.
D5/29/2007 14:00 76566~1
P~C~ 01
plaNNING BOAI~O M~I~B]~
JERILYi~ B. WOODHOUSI!I
Ch~ir
KI~HNETH I~. EDWARDS
~TIN H. ~R
GEORGE D. SOLOMON
JOS~ L. ~S~D
To:
pLAbINING BOARD OFFICE
TOWN OF $OUTHOLD
lames Krug, President
Town of Southold Board of Trustees
From: Mark Tcr~, Senior Environmental Plann~
LWRP Coordinator
Date: Auiust 21, 2006
Re; R~ques! for Wetland Pernlit for Eugene Dancri
SCTM# 123-6-14
MAII, ING ADDRESS:
P.O. Box 1179
$ovthold, NY 11971
O~rlCE LOCAIION:
Town Hall Anne~
54375 State Route
(cor. Main Rd. &Youngs Ave.)
~outhold, NY
Telephone: 881
F~u~ ~1
2006
Suffolk Environmental Consulting, Inc. on behalf of EUGENE DANERI requests s Wed:md
Po'mit to demolish thc existing dwelling, existing dil~idated ~cees~o~, wood flame siruclure and
existing shed and construct a neW 45'X 55' iwo--sto~ frame dwelling with 10'X 46' po~h
atuched to the southern s/de, and to install a new sanitary system and detached 24'X 36' gar·go.
Located: 200 Te~'r~ Palh, Matt/tuck. SCTM#123-6-14
The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the
Town of Sontho]d Town Code and the Local Walm'f'ront RevitslizMton Program (LWRP) Policy
Sl~ndards. Bs,v~d upon the infmmation provided ao the LWRP Consislency ,,~essmant Form
submitted to ~is depart'taunt, as well as tho records available to n~, it is my recommendation that
the proposed aetios is INCONSISTIgNT with the deaoted foilowisg Policy Sumdards and
therefore is INCONSISTENT with the L~,
I Policy 6 ]Protect and restore the quaklty and function of the Town of SomhoM I
ecosystem.
Protect and restore tidal and freshwater wetlands.
Comply with statutory and regulatory requirements of the Southold Town Board of
Trustees laws and regulations ,for all Andros Patent and other lands under their
jurisdiction
1. Comply with Trustee r~gulations and recorranendations as set forth in
Trustoc peri. it conditions.
The orog_~__~d_ str~cturo ..~t___hack frogs wo~d bulkhead is 25 feet, · mi~imvm Setback distt~¢e
of 100 feet is r~ulred m~rsasst to Chaote~ ~7$r3, Plzme havethe uoolic~t umead thc
a~Micsti,o,~ to f~r~her t~ shove Poli~v to the p. rou~st exttut oosslbl¢,
CC: Shown Kiernan, New York Deparunem of State, Division of Coastal R~ourccs
05/17/2007 14:53 G317659064 pAGE 02
oFlqCR LOCA'I'ION:
Tow~ HM1
(cur. Mai~ Rd. & Younga
~outhold, NY
MAIL~G ADDRE~:
P.O. ~ox 1179
~ut, hold, B,~ 11971
Fax: ~1
LOCAL WATEI~'JRONT REVIT~?JZATION PROOI~gl~ COORDI~qATOR
TOWN OF SOUTHOLD
To;
From:
Date:
Re:
lames Diniziu, Jr., Chair
Town of Southold Zoning Board ofAp~''~
Mazk Terry, Principal Plarmcr
LWRP Coordinator
May 14, 2007
Proposed Wetland penmt for Eugene Daneri
SCTM#1000-123-6-14
Thc proposed action has been reviewed to Choler 268, Waterfront Consi~ency Review of thc
Town of Southold Town Code and thc Local Waterfront Revitalization l~ogram CLWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department, aa well aa thc records available to mc, it is my recommendation
that the proposed action is I~CONSISTENT with the denoted following Polky Standards
and therefore is INCONSISTENT with the LV~RP.
Po~4: Minimize loss of life, structures, and natural resources from flooding and erosion.
4.1 Minimize losses of human life and struc~res from flooding and eroSlOB hazards.
The following management measures to minimize losses of human life and structures
from flooding and erosion hazards are suSSested:
Minimize potential loss and damage by locating development and structures away
fi'om flooding and erosion hazards.
Move existing development ami structures as fa~ away from flooding and e~osion
hazards as ,tactical. Maintaining existing development and structures in
hazard areas may be warranted for:
a. structures which functionally require a location on the coast or in
coastal waters.
b. water-dcpendent uses which can.not avoid exposure to hayards.
c, aires in areas with extensive public i~vestment, public
infra.qtmcture, or major public facilities.
c. sites whcre relocation of an existing structure is not practical.
Note that the maiorlt~ of the urooertv is located in FLOOD ZONE AR Elevation 8; ~:
propel*tv located lust seraward of the prom)seal house and porch b Finod Zone V~: Coastal
~!17,/'2l~7 14:53 B317659B64 PA6E B3
Flood Zon~ It is reeamme~,ded thag &e ~m'e be located not wlthfa the flood ~ne to
.,1he ~reaaest ta~n~ [x~a¢tlcaL SEE ATTACI~D AERIAL PHOTO.
Policy 6: Protect and restore
Comply with statutory and r~g~latory requirement~ of ttte Southold Town Boa~ of
D~stees laws and regulation.~ for aH Andras Patent and other land~ under their
j~risdirtion
1. Comply wil~ Trustee ~-g~lations and recommendations a~ set fcrr~h in
Trustee p,,mit conditions.
The ~ro~sed ~etbaek of the ne~ structure from a ~od bul~h~ad iS ~.9 feet: a mlnt,~,,.~
~eparatton distance of 100 fee~,is reouired uursuant to Ckapter § 275-3. Findings:, purposel
~stli~k~. in addi/ion~ pursuant to A~ticle XXlII Sectlo, 2~1-116 of ~he T,awn
r~ noff from all impervious surfaces.
Se~ a~6a! photo belaw