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HomeMy WebLinkAbout1000-64.-3-3 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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 TrusteesJ From: MarkTerry, Principal Planner ~ LWRP Coordinator '~. Date: February 16, 2010 Re: Proposed Wetland Permit for JOSEPH BATTAGLIA SCTM#1000-64 .-3-3 Patricia C. Moore, Esq. on behalf of JOSEPH & HEIDI BATTAGLIA request an Amendment to Permit #7028 for the revised footprint of the proposed single-family dwelling located no closer than 75' from the wetlands. 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 me, it is my recommendation that the proposed action is CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP. 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 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency 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 the 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). SCTM# 1000-64-3-3 (Joseph & Heidi Battaglia) 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 of Trustees X Zoning Board of Appeals 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 consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions, lfan 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 IocalJi~Sraries and the Town Clerk's office. ~ DESCRIPTION OF SITE AND PROPOSED ACTION ~ Category of Town of Southold agency action (check appropriate resl~mSa)~ (a) Action undertaken directly by Town agency (e.g. capital construe, lion, planning activity, agency regulation, land transaction) [] (b) (c) Financial assistance (e.g. grant, loan, subsidy) [] Permit, approval, license, certification: [] Type: Trustees Perlit Town of Southold LWRP Consistency Assessment Form Nature and extent of action: The existing residence was located approximately 70 feet from the AHW. The existing residence was demolished and new residence will be set back 75 feet from the AHW. Location of action: 2000 Hobart Road, Southold Site acreage: 101,022 sq.fl, to tie line Present land use: residential 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: 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 be 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 of a coastal location, and minimizes adverse effects of development. See £ WRP Section III - 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 75 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 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 Town of Southold LWRP Consistency A~sessment Form 2 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 11I - 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 draina_oe and orovides for proper sedimant control. Compliance with the front yard setbacks ofzonin~ prevent the owner from moving the house back to greater than 75 feet. NATURAL COAST POLICIES Policy 4. See LWRP Section III - Policies Pages 8 through 16for evaluation criter~ta ,, Yes X No [] Not Applicable [] / Discussion (if appropriate): The proposed house meets flood on the Town Creek with no evidence of erosion Minimize loss of life, structures and natural resources from flooding and erosion. s. The property is Policy 5. Protect and improve Section III - Policies Pages 16 in criteria vf Southold. See LWRP Yes No [] Not Applicable X Discussion to prevent leaders. The own, which reduce loadinu from a 30' non~dj,, buffer l will The house is designed use and plant species *revious Trustees permit required Policy 6. Protect restore the ~ inclu and Policies; Pages 22 through criteria. of the Town of Southold ecosystems and wetlands. See LWRP Section Ill- Yes X No [] Not Applicable [] Discussion (if appropriate): The site is adjacent to Town Creel~ 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 house and sanitary to the wetlands was maximized and the setback to the edge of wetlands exceeds the setbacks of adjacent properties from the water. Town of Southold LWRP Consistency Assessment Form 3 Policy Z Protect and improve air quality in the Town of Southold See LWRP Section llI- Policies Pages 32 through 34for evaluation criteria. See Section 1II - 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 L WRP Section llI-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 LWRP Section 111- 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 11I - Policies; Pages 47 through 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): 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 disproportionate to the services they demand. The new dwelling will be assessed higher then the existing dwelllno Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section 111 - Policies; Pages 57 through 62for evaluation criteria. Yes X No [] Not Applicable [] Town of Southold LWRP Consistency Assessment Form 4 Discussion (if appropriate): The original 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 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - 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 L WRP Section II1 - Policies; Pages 65 through 68for evaluation criteria. Yes X No [] Not Applicable [] Discussion (itappropriate):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 LWRP Consistency Assessment Form 5 OFFICE 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 1 ! 79 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 Re: 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 $outhoM 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 $outhold. (1), Any freshwater wetle,~4, tidal wetland, beach, bluff, dune, fiat, mo~l~ swamp, wet meadow, bog, or vernal pooh D. Setbacks. The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [1] Residence: lOOfee~ The distance from the edge of wetlands to the proposed action is approximately 84.1 feet~ a minimum sethael~ distance of 100 feet from the wetland line is required pursuant to Chapter 275-3. Findings: ouroose: iurisdiction~ 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 natural, 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 enoineering alternatives are not effective. Often hard shoreline structures such 4, the proposed action can contribute to erosion both on and offthe site due to poor design and sitting inhihitinl~ t~.~ down drift remediation of sand. Soft structural protection methods are to be used to conform to the natur~ coastal processes. Beach nourishment and re-vegetation are preferred approaches in controllim, erosion becau:A 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 r~mai~l 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 project must be carefully evaluated to determine whether the proposed structure is necessary and whether adverse impacts can be avoided or minlmiTed. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. B. Use vegetative non-structural measures to manage flooding 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 of a hard structure is the only practical design consideration and is essential to protecting the principal USe. 5. ~l~e proposed hard structural erot 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. In the event the LgYRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency 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 gYRP 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. BOARD'OF SOUTHOLD TOWN~ tIRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7028 .DATE: J~vNUARY 21, 2009 ISSUED TO: JOSEPH &HEID~ BATT,~GLIA PROPERTY ADDRESS: 2000 HOBART ROAD, SO~U~T~IOLI~ SCTM# 64-3-3 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or C~.~ter 111 of the Town C049 of the Town of Southold and in accordance with the Resolution of the Board 6~Trastees adopted at ~e'meeting held on Januanv 21. 20090g~ i~l oonsidgr~tion of application tee in the sum of $ 52~.~ paid by Joset~h & Heidi ~ and subjeet~,~he Term~ and Conditions as stated in the Resolut~o~ tli6 Southold Town ~oard of Trustees authorizes and'permits~the following: ' · ~" Wetland Permit to demolish the existing dwelling, barn and chicken coop and construct a new dwelling ~d ~nlYa~stem; cut and r~m~ve the trees/md branches tliUt h~ve falleh~nt0 beach front; remove debris, dead branches, and driftwood, remove trees on southeast side of prop~rly~ which all roots have been exposed, with the conditions that a line of staked hay bales with silt fencing is installed along the: 10' r¢ontour li~e ~Urrounding, tlta projeci prior to'construction, the:installation of gutters, leaders and drywells to contain roof runoff and in accordance with ~hapter 236 of ~e Town Code~torm Water Runoff, a 30 foot Non-Disturbance Buffer is to be maintained landward of the high tide water line once th~ deb~$ n~d.dead trees/~g'~n~h~ hav~b~en xem0ved, any trees approye~,to.b~e ~em0~ed are to be cut at tha. Oase and ~e ~ .to remain, the.removal of the ghgr~dqned floatlii~~ d~cks, and as deulcted on the~ zget~ti0a plan prepar;gd ~y Joseph Battagha, received on F~bruary il, 21~r0b:.~nd as depicted on the su~,ey pre~ai-~d fly iNath~n T~f.t C6r~vin iH, las.t' ~ted g~/~ffa~ 9; 2~afid received on February 18, 2009. · IN WITNESS WHERE.O, F, the said Board of Trustees hereby causes its Coq~orate Seal to be affixed, and tlfese presents to'be subS~ril~xl by a majority 6fthe said Board as Of thtsdate. ~' Peggy Dick~ ~n / / \ \ 130' PROPOSED SEPTIC SYSTEM DETAIL (NOT TO SCALE) CLEAN SEPTIC TANK (1) LEACHING POOL OF A 3 POOL SYSTEM LEACHING POOLS HOUSE ROOF AREA: 5,300 sq. ff. 5.300 sq. fi. X 0.17 = 901 cu. f. 901 cu. fi. / 42.2 = 22 ver~icol ft. of 8' diG. leeching pool required PROVIDE (4) B' die. X 6' high STORM DRAIN POOLS PROPOSED 8' DIA. X 6' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: GARAGE ROOF AREA: 1,020 sq. ff. 1,020 sq, ff. X 0.17 = 174 cu, ff. 174 cu. fi. / 42.2 = 5 vedicol ff. of 8' diG. leeching pool required PROVIDE (1) 8' diG. X 6' high STORM DRAIN POOL PROPOSED 8' DIA. X S' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: -~_~ SURVEY OF PROPERTY SITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. lAX No. 1000-64-03-03 SCALE 1"=30' MAY 28, 2008 JULY 10, 2008 ADDED TEST HOLE &. PROP. LOTS DECEMBER 9, 200S ADDED PROPOSED HOUSE DECEMBER 29, 2008 LATH PROP. HOUSE FOR SITE INSPECTION JANUARY 12, 2009 ADDED TOPOGRAPHICAL SURVEY FEBRUARY 9, 2009 ADDED WETLAND BUFFER MARCH 17. 2009 REVISED HAY BALE LINE APRIL 5. 2009 REVISED HAY BALE LINE APRIL 18, 2009 UPDATED WETLAND LINE JANUARY 14, 2010 REVISED PROPOSED HOUSE TOTAL AREA = 101,022 sq. ff. (TO TIE LINE) 2.319 ac. UPLAND AREA = 94,481 sq. ff. CERTIFIED TOL JOSEPH BATTAOLIA HEIDI BATTAGLIA PECONIC ABSTRACT, Inc, FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE No. FNP-01504 NOTES: 1. ELEVATIONS ARE REFERENCED TO N.O.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:50 EXISTING CONTOUR LINES ARE SHOWN THUS: .... 10 .... 2. MINIMUM SEPTIC TANK CAPACITIES FOR A 6 BEDROOM HOUSE IS 1,§00 GALLONS. 1 TANK; 8' DIA. 5' LIQUID DEPTH B. MiNiMUM LEACHING SYSTEM FOR A 6 BEDROOM HOUSE IS 400 s9 fi SIDEWALL AREA. $ POOL; 6' DEEP. 8' dia. ( ~ PROPOSED EXPANSION POOL PROPOSED LEACHING POOL G 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.H.S, STANDARDS. / / / / / / / / 74.$$,2.~'' 3,, TEST HOLE DATA (TEST HOLE DUG BY McDONALD GEOSClENCE ON JULY J, 2008) PREPARED IN ACCORDANCE WIT~ N,Y,S, Lic No, 50467 JAN 2 6 20)0 THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY~ NOT SHOWN ARE NOT GUARANT6£D. Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Rex (631)727-1727 28-160~