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HomeMy WebLinkAbout1000-70.-12-39.3 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: February 17, 2010 Re: Proposed Wetland Permit for EDWARD FERGUS SCTM#1000-70-12-39.3 Suffolk Environmental Consulting, Inc. on behalf of EDWARD FERGUS requests a Wetland Permit to construct a single-family dwelling and garage 3,725 sf., decking 600 sf., detached garage 288 sf., French drain 160 If., attendant sanitary system, gravel driveway and public water. Located: 1854 North Bayview Rd., Southold. SCTM#70-12-39.3 The subject parcel is located in 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 denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided the following: If the action is approved, to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold .Ecosystem it is recommended that a minimum 30 foot natural vegetated buffer be required. NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) 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 (15') to maintain ~/iewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. Figure 1. Subject oamel. The following best management practices are also recommended: 1. Require that the driveway be constructed of pervious materials. .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 BuiMing 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). 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. 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 SCTM# 70 12 39.3 The Application has been submitted to (check appropriate response): TownBoard [~ Planning Dept. [~ Building Dept. [~ Board of Trustees [~] 1. Category of Town of Southold agency action~eheek' appi6Priate respo~s-6): (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: t' Applicant proposes to renew Board of Trustees Permit No. 6302, which authorized the property owner to construct a single family dwelling & garage (3, 725 square feet + "£ootprind'), decking (600 square feet _+), detached garage (288 square feet), french drain (160 linear feet _+), attendant sanitary_, system gravel driveway and public water. Location of action: Site acreage: 1854 North Bayview Road: Town of Southold 1.45 acre ± Present land use: Vacant 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: Edward Fergus (b) Mailing address: 5 Haig Drive Dix Hills, NY 11746-5160 (c) Telephone number: Area Code ( 631 ) 940-5726 (d) Application number, if any: N/A 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? NYSDEG, SCDHS 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 llI- Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold. ", this project is a proposal to improve an undeveloped lot with a dwellin.q and related appurtenances that are common to the surroundin.q area, which is hi.qhly developed. The proposal, as desi.qned, will not result in adverse effects to the surroundin.q environment in that it meets all required setbacks from situate wetlands. In addition, all dwellin.qs in the surroundin.q area have coexisted harmoniously with the environment for years. Accordin.qly, we believe that this project is consistent with this policy. 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 Policy 2 is not applicable in that subject lot and the surroundin.q nei.qhborhood cannot be deemed a substantial historic and/or archaeolo.qical resources. 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 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the surrounding area is currently comprised of properties improved with single-family dwellin.qs of similar, if not larger, size. The proposed dwelling will not impede line of sight through subject lot any more than it is impeded now as said lot is hiflhly vegetated. The required clearing of the lot will actually increase the amount of visibility throu.qh subject parcel thereby openin.q up more of the Town's scenic resources to public view. Therefore, this proposal will comply with Policy 3. 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 [] Yes [] No [] Not Applicable Subject proposal will fully comply with Policy 4 in that the location of the improvements within subject property are to be situated above the eight foot (8.0'} elevation contour which will provide ample protection durin.q a severe storm event. Native ve.qetation will remain around the periphery of subject parcel offering fudher protection a.qainst erosion. Accordin.qly, the proposal will not result in any form of loss of life, structures, and natural resources from floodin.q and erosion. 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 Subject proposal will comply with Policy 5 in that the property will utilize public water, as well as to utilize an efficient sanitary system, which will be compliant with the requirements of the Suffolk County Department of Health Services. Accordingly, no adverse impacts to either the water quality and/or water supply of Southold Town are anticipated. 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 Subject proposal will comply with Policy 6 in that the proposed improvements are desi.qned to meet the environmental guidelines and requirements of both the Town of Southold Board of Trustees and the New York State Department of Environmental Conservation, and consequently, will maintain the integrity of th~, surrounding ecosystem. 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 Subject proposal is not applicable in that the proposal is simply to improve subject property with a reasonably sized sin.qle family dwellin.q with related appurtenances. Accordingly, this proposal is not applicable with this policy. 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 Subiect proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, or petroleum products. Attach additional sheets if necessary 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 [] Not Applicable Subiect proposal is not applicable in that the proposal is not situated within a property containin.q, or havin.q the potential to contain, public access to coastal waters, public lands and/or public resources within the Town of Southdd. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aquaculture, etc...). 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 II1 - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve any form of marine resource mana.qement (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). 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 Subiect proposal is not applicable in that the proposal does not involve a,qricultural lands (i,e, the conversion of farmland, the establishment and/or maintenance of new coastal a,qricultural production, etc.,.} 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 Subiect proposal is not applicable in that the proposal does not involve the conservation of ener,qy resources on a commercial level and/or the promotion of alternative enerav sources, t)rot)er maintenance of fuel stora.qe facilities and/or the extraction of mineral extraction Attach additional sheets if necessary ~kI~INING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner · LWRP Coordinator FEB 1 3 2006 Date: February 8, 2006 Re: Proposed Wetland Permit for Edward Fergus SCTM#1000-70.- 12-39.3 EDWARD FERGUS requests a Wetland Permit to construct a single-family dwelling, covered porch, attached deck, attached garage, sanitary system, and shed. Located: 1854 North Bayview Rd., Southold. SCTM#70-12-39.3 The proposed action has been reviewed to Chapter 95, 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 proposed setback from the wetland system is 77 feet~ a minimum separation distance of 100' is required pursuant to Chapter 97. Please require that the applicant amend the application to meet the above policy to the greatest extent possible~ Additionally~ if the action is approved and to further Policy 5: Protect and Improve Water Quality in the Town of Southoid 1. Require erosion and sediment controls (haybales~ silt fencing) to protect the wetland system to the north of the property. 2. Require native disease-resistant and drought-tolerant landscaping to minimize irrigation and fertilizer applications. 3. Require gutters, downspouts and sub-surface drywells to control stormwater runoff. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination r~garding the consistency of the proposed action. NO TO FN OF $OUTHOLD SUFFOLK COUNTY, N.Y. 1000-?0-1~-$~.$ SCALE: 1'=50' FEBRUARY 20, 2004 JANUARY 6, 2005 (ReW$ions) SEPTEMBER 9, 2005 (Loc. wetlands Fags, revise prop. house) Nov. 9, Zoo~s (,-ev,.~,.,~.~ ) PROPOSED SEWAGE DISPOSAL SYSTEM ~00 GALLON E6PEC TANK Oo~ ~ 2'~o0)_ cONrO~. RLL c~LO ) BOTTOM OF LEACH/NG POOLS TO ~E 2' ASO~ G~OUND WATER ~SEPT. //~ EO0~ spof elevel/o~s~ SUBSURFACE SEWAGE D/EPOSAL E~M DESIGN ~' JOSEPH F/ECHETT/, HO~A~T ~OU~OLO, N. ~ · 8.1 = SPOT ELEVATION A~-~ prop contour SUMP PuMP ~2HPZOLLER PIPED TO ROOF DRA~ FLOOD ZONE LINES FROM FIRM 36103C0166 G MA Y 4, 1998 ELEVATIONS REFERENCED TO N.G. V.D. I'om familiar with the STANDARDS FOR APPROVAL AND CONSTRUC770N OF SUBSURF~4CE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAM/LY RESIDENCES and W#I abide by the conditions set forth therein and on the permit fo construct ~e IocoUon of wells and, cesspools shown hereon are from field observoUons and or from dafo obtained from o~hers. ANY AL~RA~ON ~ ADDISON ~ ~1~ EUR~Y IS A WOLA~ON OF SEC~ON 7209 ~ ~E NEW ~K STA~ E~CA~ LA~ EXCEPT AS PER SEC~ON 7209-SU~1~S/~ 2. ALL ~CA~S HERE~ ARE VAUD ~ ~IS MAP AND C~ES ~EREOF ONLY IF SAID MAP ~ ~1~ ~AR ~E IMPRESSED SEAL ~ ~E SURfeR ~OSE SIGNA~RE APPEARS HEREON. AREA=~302 SO. 'F~ X=L~ SET ~ ~E LINES &=~ANO FLAG ON ~ULY ~ ~ APPROXIMATELY 15~- cu. ft. OF FILL REOUIRED. GRADING PLAN ~T H~E DA TAI ,, ] ' ...... tO' ~.oF - £1-II LIC. NO. 4961, X (631,) 765-1797 P.O. SOUTHOLD, N. ~ 1197'