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Home My WebLink About1000-66.-2-2.2 O~'FICE 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: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: October 13, 2011 Re; Proposed Wetland Permit for RUSSELL & JULIANNE KARSTEN SCTM# 1000-66-2-2.2 Note that the parcel was subject to a Wetlands Permit (# 5446) issued in 2001. The permit (and amendment) are attached. Mark K. Schwartz, Architect on behalf of RUSSELL & JULIANNE KARSTEN requests a Wetland Permit to construct a partially covered deck off rear of existing dwelling; hot tub; as-built pool, patio and fencing. Located: 57908 Main Rd., Southold. SCTM#66-2-2.2 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 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. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions The structures were constructed without a permit pursuant to Chapter 275 Wetlands and Shorelines of the Southold Town Code. Additionally, if the action is approved and to further Policy 4.2 Protect and restore natural protective features and Policy 6; it is recommended that a perpetual natural vegetated buffer incorporating existing vegetation landward of the wetland be required. An example definition follows: 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 viewsheds, replanting of vegetation and establishing a four foot (4') wide access path 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 tit Board Of $outhold Town Trustees SOUTHOLD. NEW YORK PERIdIT NO. 5~& DATE: '" ~'°v ' ' ~'1"' '200 ! ISSUED TO PECONIC DESIGN & CONST]~U.G~][QN...iNG ..... Authari atia. Pursuant to the Drovlslons of Chapter 6t5 of the Laws .of the stat, of New ¥o,L ~e92~ and ChapS.or..4o_~_ of ~ .L?.,,s of the State of New Yore 1952; end the Southekl titled ."REgULATINg, AND THE PLACING OF OB$1KU~IK.~x~ IN AND ON TOWN WATERS AND PUBUC LANDS and the REIdOVAL OF SAND, GRAVEL OR OTHER haATERIALS FROId LANDS UNDER TOWN WATERS;::. and in accordance with the Resolution of The B6ard adopted at a meeting held on .20ill..... and in consideration of the sum of $-~0fi~-O0 -. · paid by Peconic-- Design ..&--.Construction "IT/~'; .................................... : ..................... of ........ ~'~h.o~e .................................. N. Y. and subject fo the Terms and Conditions Ideal on the reverse side he. of, Wetlands PermJ~ ~or ~Qn~ :~'g.~ o[ a sznKLe [~mJ~¥ home wi~h ~u~e~'s ~nd. drywel~s on ~he entire s~r~c~urem, sho13.].c] be peF¥1ou, s -house Gmc]. drJ. Yew&¥ ¢om~)]e~e].~' oil in accordance with the detailed specifiout~ons as presented in the edgineting application. Ikl WITKIr~.qS WHEREOF, The said Board of Trustees Kero- ~..~ '~'~L;~ret. S..~ ,o ~. a~r~nd, and ~,,p~.,.t, ,o subscribed by'a'majority of the said Board as of .thls daya. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peg/D, A. Dickerson Town Hall 53095 Rout~ 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 7654892 F~x (631) 765-136,6 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 24, 2003 George Wieser c/o Peeonic Design & Consh'uction PO Box 1251 Cutchogue, NY 11955 $CTM066-2-2.2 $oatbside of Main'Road $outhold, NY Dear Mr. Wieser: Thc following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, July 23, 2003. RESOLVED, that the Southold Town Board of Trustees Approve an Amendment to Permit #5446 for a four foot path to water.. If you have any questions, please call our office at 765-1892. Albert J. Krupski, Jr. President, Board of Trustees cc: DEC AJK:cjc Town of SoUthoid 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 Waterfixmt 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 Water~ont Revitalization Program. A action will be evaluated as to its significant of Southold Town). If any question in achievement of the LWRP Thus, the action should be analyzed determination that it is consistent standards and conditions. If an standards and conditions, "yes", then the proposed action may affect the and conditions contained in the consistency review law. detail and, if necessary, modified prior to making a maximum extent practicable with the LWRP policy cannot be certified as consistent with the LWRP policy A copy of the LWRP is website local libraries: SCTM# 66 - 2 The Application has been Town Board Planning Dept. __ the following places: online at the Town of Southold's the Board of Tru~ees~; ~ pin.tent, all SEP 1 2 011 appropriate response): ~- Building Dept. [7] Board of Trustees [-~ Category of Town of Sonthold (a) ' action (check appropriate response): Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) n (c) Permit, approval, license, certification: Nature and extent of action: Construct new deck of rear of existing house. Deck to connect to existing masonry patio. Deck to be partially covered. Hot Tub to be installed off back section of proposed deck. Location of action: rear, south-east, of house Site acreage: gross = 1.88 acres, flagged wetlands = 1.67 acres Present land usc: single family residential use Present zoning classification: R40 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: Russell and dulianne Karsten (b) Mailing address: 57908 Main Road, Southold, NY 11971 (c) Telephone number: Area Code (~) (631) 765-1088 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [7] No[--] If yes, which state or federal agency? DEC, Building 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. ~¥es ~ No ~ (Not Applicable- please explain) The project entails the reconstruction of a single-family dwelling on a previously developed site in a heavily developed community. Policy 1 is not applicable to the project, 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 --I ] Yes ~-~ No ~ (Not Applicable - please explain) The subject propoerty does not contain nor does the project affect historic or archaeological resources; nor is the project located in a histodc madtime area. Policy 2 is not applicable to the project. Attach additional sheets if necessary Policy 3. Enhance visual q.ality and protect scenic rcsources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes [~ No ~'~ (Not Applicable - please explain) To the extent that this policy is applicable to the proposed project, visual quality and scenic resources will be protected at 'the site through the protection and maintainance of the well-vegetated embankment buffering the developed portion of the site from the tidal water of Hippodrome Creek. 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 - please explain) The project does not address nor affect erosion control structures or other erosion/flooding initiatives. Policy 4 is not applicable to the project. 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 - please explain) The proposed project is consistant with policy 5 via (2) major project components: 1 - installation of a drainage system of drywell(s) as required for proposed work to control, manage, and recharge stormwater runoff; and 2 - retention of the existing vegetation on the site buffedng the developed portion of the site from tidal wetlands, which is to be preserved permanently but also protected fi.om site disturbance dudng construction by a project-limiting fence and stacked haybales. Attach additional sheets if necessary Policy 6. Protect and restore the qoality 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 - please explain) Project will be consistant with Policy 6 for the same reasons described for Policy 5; because there will be no net loss of wetlands; and because the statutory and regulation requirements of beth the Town Trustees and NYS DEC will be complied with. 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. See Section III - Policies Pages; 34 through 38 for evaluation leriteria. Yes ~ No ~ (Not Applicable - please explain) The project will neither affect nor have an impact on air quality in the Town of Southold. Policy 7 is not applicable to the project. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and ha,ardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ?3V es No Not Applicable-please explain) The project will neither create nor require the handling of solid waste or hazardous substances. Policy 8 is not applicable 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 Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Ye~-~ No ~-~ (Not Applicable - please explain) As the project area is limited to the upland portion of the property landward of the top of an embankment, public access and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project. Policy 9 is not applicable to the project. At*ach additional sheets if necessary 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 III - Policies; Pages 47 through 56 for evaluation criteria. ~] No ~-] (Not applicable - please explain) The project neither proposes nor affects water-dependent uses. Policy 10 is not applicable to this project. 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. Yes I I No ~ Not Applicable - please explain The project neither proposes nor affects commercial or recreational fishedes or other uses associated with the living madne resources of Long Island Sound. Policy 11 is not applicable to this project. 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 - please explain The project site is neither situated on nor adjacent lands. Policy 12 is not applicable to the project. 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 - please explain The project affects neither the use nor development of energy and mineral resources. Policy 13 is not applicable to the project. HIPPODROME CREEK WETLAN DS FLOOD ZONE AE (EL. FLOOD ZONE X EL. 10'-_ N 69°35'0,,~,/192 3~' IETLANDS LINE · Er. 10' RECOMMENDED t '<~ .,,:,,,,,,~,~ TOE-iN PRE ASSEMBLED SILT FENCE LOT 4 N/O/F '"" CONGADITA$ ,.~,~.. ~.~.~ f'~-~ --'-'-; ' ' ' :~'~: STRAW BALE AND SILT FENCE FLOOD ZONE ^E (EL. 8) FLOOD ZONE X LOT 3 LOCATION: AREA: LOT COVERAGE: EXCVATION: FILL: GROSS PROPERTY: 81,8BI SQ. FT.1.88 ac. WETLANDS: -9,280 SQ. FT. BUILDABLE PROPERTY: 72,601 SQ. FT.1.67 ac. EXISTING HOUSE 3,529.3 SQ. FT. 4.9 EXISTING FRLONT PORCH: 69.4 SQ. FT. 0,1% EXISTING IKEAL PATIO: 478.1 SQ. FT. 0.70/0 EXISTING POOL: 800.0 SQ. FT. 1.1% EXISTING POOL PATIO: 1,292.0 SQ, FT. EXISTING DRIVEWAY: 3,900 SQ. FT. TOTAL; 9,808.,~ PROPOSED DECK: 487.8 SQ, ET. 0.7% 5 CU. YD. 5 CU. YD, PROPOSED COVERED PORCH~ 365.9 SQ. FT. 0.5% 4 CU. YD. 4 CU. YD. PROPOSED HOT TUB: 81.0 SQ. FT, 0.1% 1 CU. YD. 1 CU, YD. TOTAL: 954.7£Q. ~ 1,3% TOTAL: 6,843.5 SQ. FT, 8,1°/o 10 CU. YD. 10 CU. YD S 72°49'50'' E 255.21' D I R T R O A D <3. SCM 1000-66-2-2.2 (RIGHT OF WAY) 333' +/- TO %_/N~ MiAIN ROAD -/,~'2'" xSR #25 MEETS AND BOUNDS BY: SITE ,;P=.. ~,~ LOT9 0%%~ JOHN C, EHLERS, LAND SURVEYOR LIC. No. 50202. Ph. 369-8288 ~--t:=--~ VACANT ~ "~<) SURVEYED.. 08-23-01 AMENDED. 11-25-03