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Home My WebLink About1000-59.-5-3 O~]CE 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: From: Mark Terry, Date: Re: Jill Dohedy, President Town of Southold Board of Trustees Principal Planner LWRP Coordinator April 19, 2011 Proposed Wetland Permit for of WARREN & NINA BERNSTEIN SCTM#1000-59-5-3 Twomey, Latham, Shea, Kelley, Dubin & Quarararo LLP on behalf of WARREN & NINA BERNSTEIN requests a Wetland Permit to construct first and second floor additions to the existing two-story dwelling; construct 13'X 8.6' and 18'X 8.6' deck additions to rear of dwelling; proposed driveway expansion and expansion of parking area; install two 8' dia. drywells for stormwater run-off; abandon existing sanitary system and install new sanitary system; repair and/or replace existing wood deck and stairs at Great Pond; construct new 4'X 20' dock; trim vegetation at existing deck and stairs; repair and/or replace existing snow fencing; and abandon well. Construct 3.5'X 12.2' steps on west side rear of dwelling; construct 7'X 11.5' steps in front of dwelling; remove existing steps in the front of dwelling on west side; and remove 3'X 7' steps in front of the west side of dwelling and replace with deck. Located: 2095 Lake Dr., Southold. SCTM#59-5-3 The proposed action (construct first and second floor additions to the existing two-story dwelling; construct 13'X 8.6' and 18'X 8.6' deck additions to rear of dwellin.q; proposed driveway expansion and expansion of parkin.q area; install two 8' dia. drywells for stormwater run-off; abandon existinq sanitary system and install new sanitary system; repair and/or replace existing wood deck and stairs at Great Pond; trim veqetation at existinq deck and stairs; repair and/or replace existinq snow fencin,q; and abandon well. Construct 3.5'× 12.2' steps on west side rear of dwellin,q; construct 7'X 11.5' steps in front of dwellin,q; remove existing steps in the front of dwelling on west side; and remove 3'X 7' steps in front of the west side of dwellin.q and replace, with deck) 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 above actions are CONSISTENT. The proposed 4' x 20' dock is INCONSISTENT with the denoted following LWRP Policies and Policy Standards as outlined below and therefore is INCONSISTENT with the LWRP. The applicant has not identified the type of materials the dock would be constructed of, whether it is a floatin.q or fixed dock or permanent or seasonal. Policy 6.3 Protect and restore tidal and freshwater wetlands. A. 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. Further, the applicant has not demonstrated that the followin.q dock standards have been met: § 275-I 1 Construction and operation standards. (2) Docks. Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: 1. Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; 2. Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shell fishing, waterskiing and other water-dependant activities; 3. Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; 4. Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; 5. Whether the dock will cause degradation of surface water quality and natural resources; 6. Whether the dock will cause habltat fragmentation and loss of significant coastal fish and wildlife habitats; 7. Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, sea grasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; 8. Whether the dock will unduly restrict tidal flow or water circulation; 9. Whether the dock will be safe when constructed; 10. Whether the dock will adversely affect views, viewsheds and vistas important to the community; 11. Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and 12. Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 9.4 Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust/ands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring The use of the waterway is public, the proposed action is private, noncommercial and will not support a pattern of development that enhances community character nor preserves "public" access or public recreational activities. Further, the applicant enioys alternate means of access to Great Pond via the Town's right-of-way off Lake Court (see Fiqure 1. below). This public access allows the launchinq of small craft such as canoes, kayaks, and aluminum boats suitable to the size and nature of this water body. Figure 1. Public access to Great Pond off Lake Court. 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 To~vn 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 inteoded to supplement other information used by a Town of Southold agency in making a detemlinalion of consistency. *E¥cept 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 kocal Waterfi'ont 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 fonn is answered "yes". then thc proposed action may affect the achievement of the IWRP policy standards and conditions contained in thc 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.oorthfork 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# lOOO 59 5-3 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) Co) (c) Action undertakea directly by Town agency (e.g. capital construction· planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) [,? ,-, perrmt, approval, license, certification: Namre andextentofaction: Construct 1st and 2nd floor addions to existing two story dwelling; construct 13 x 8.6 and 18 x 8.6 deck additions to rear of house; proposed driveway expansion and exlDansion of parkin~ area; insEaii two ~' diameter x 3'6" sanitary system and install new sanitary system; repair and/or replace existinq wood deck and stairs at Great Pond; construct new 4 x 20; dock, trim vegetation at existing deck and stairs; repair and/or replace existing snow fencing; and abandon well. The applicant also proposes to construct 3.5' x 12.2' stcpscn tkc wsst side rcar cf the kcusa; ccnstruct 7' x 11.6' stcpz in front of house; remove existin~ steps in front of the house on the west side; and remove 3'× 7' steps in front of the west side of house and replace with deck. Location of action: 2095 Lake Drive, Southold, NY 11971 Siteacreage: 35,500 sq. fc Present land use: residential single family dwelling Present zoning classification: ~-4o 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: Warren Bernstein and Nina Bernstein (b) Mailingadd~ess: 65 Old House Lane, Sands Point, New York 11050 c/o Karen A. Hoeg, Esq. Twomey, Latham, et al. (c) Telephone number: Area Code (). 631-727-2180 ext. 269 (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?m'sDEc and Suffolk County Department of Health DEVELOPED COAST POLICY Policy !. Foster a pattern of development in the Town of Southold that enhances community, character, preserves open space, makes efficient use of infrastruclure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evaluation criteria. []Yes [] No [] Not app,icable The proposed project will continue to enhance community character preserve open space, make efficient use of infrastructure, make beneficial use of a coastal location and minimize Aaach 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 To the extent applicable, the project will protect and preserve historic and archaeological resources of the Town of Southold. A.ach additional sheets if necessary Policy 3. Enhance visual qnality and protect scenic resources throughont the Town of Southold. See LWRP Section !11 - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] Not Applicable To the extent applicable, the project will enhance visual quality and protect scenic Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, strnctures, and natnral resources from Ilooding and erosion. See LWRP Section II1 - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable The project will minimize loss of life, structures, ~ natural resources from flooding and erosion. The project provides for the installation of 2 drywells 8 At, ach additional sheets ifneeessa~ Policy 5. Protect and improve water quality and supply in the Town of Sonthold. See LWRP Section i1~' - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No n~NotApplicable The proposed project includes the i~stallatlon of a new ~anitary system and abandoranent of an old sanitary system. As set forth is the attached~lans the new sanita~ sY/tem will contain a concrete retainin~ wall. Water ~ality and su~ well be prote~d< The ' / ' ' ~ -- ' ..... ' St~q ann] icant also ~ntends to hook um to Suffol~County Public Water~ abandon ex~ / wpl 1 A~ach additional sheets if necessa~ ~ 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 lift - Policies; Pages 22 through 32 for evaluation criteria. / / ~e pYT~ec~t ~Nn°cl~udesN°ptrAo~PeP~i~ianb~l%nd restorinw the qualia nd funct o/n of the Town's ecosystems. The retention of ex,'ting indigenous plants ~elmn¢Tain°~d. In areas where there is loss or disturbance of~isting indigenous piants~ich~ould not have been prevented durinq construction, replantinq will~m~k~done in a~d~ce with the Town wuidelines. Adequate buffers will be provx'~-construction activity and freshwater wetlands. (see Survey for details. ) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section Ill - Policies Pages 32 through 34 for evaluation criteria. [~ Yes [] No[] Not Applicable The proposed project will neither affect or have an impact on air quality in the Town 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 The project will neither create nor require the handling of solid waste or hazardous substances. Policy 8 is inapplicable to the project. 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 Sonthold. See LWRP Section Ill - Policies; Pages 38 through 46 for evaluation criteria. [-~ Yes~ No F~ Not Applicable Public access and recreational use of Great Pond will not be affected by the project. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent nses and promote siting of new water-dependent uses in suitable locations. See LWRP Seclion Ill - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [] Not Applicable TO the extent applicable, Southold's water dependent uses will be protected and promoted. Attach additional sheets i£ necessary Policy II. Promote sustainable use of living marine resources iu Loug Island Sound, the Peconic Estuary and To~vn waters. See LWRP Section Ill - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable To the extent applicable living marine resources in the Great Pond area will be sustained and promoted, Attach additional sheets if necessary Policy 12. Protect agricultm'al lands in the Town of Sonthold. See LWRP Section Ill - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes [] No [] Not Applicable The project is not located near agricultural lands in the Town of Southold. This policy is inapplicable to the proposed project. Attach additional sheels if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section I11 - Policies; Pages 65 thrmtgh 68 for evaluation criteria. [] Yes [] No [] Not Applicable This policy is inapplicable to the project. Created on 5/25/05 11.'20 AM I I I I I I ' I I I iI \ . \ \ / / roPo TOFO O' to (groundwater clcva~ion 2.2) SUFFOLK COUNTY DEPARTMENT OF' HEALTH SERVICES MAR 17 2011 BY: NOTE: APPLICANT: N/NA ~ WARREN SERNSTEIN 65 OLD HOUSE LANE SANDS POINT, NEW YORK 11050 BB Barrett Bonacci & Van WeeJe, PC Civil Engineers Surveyors Planners 175A Commerce Dr HauppaUger NY 11788 F 631.435.1022 w~v bbvp¢.com Tax Map No.: DISTRICT 1000 SECTION 59 BLOCK 5 LOT 3 PROPERTY SITUATE SOUTHOLD TOWN OF SOLm'IOLD SUFFOLK COUNTY, N.Y. PLOT PLAN 2095 LAKE DRIVE, SOUTHOLD ~PRIL16,~04A040451lA 1 of 1