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Home My WebLink About1000-144.-5-30.1 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: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: October 17, 2011 Re: Proposed Wetland Permit for KEVlN & JANE MCGILLOWAY SCTM#1000-144-5-30.1 En-Consultants on behalf of KEVIN & JANE MCGILLOWAY request a Wetland Permit to remove approx. 2,318 sr. of existing wood deck and steps and construct partially in their place approx: 1,585 sf. of masonry patio and steps; establish planting beds in place of deck areas to be removed and not replaced with new patio; resurface existing swimming pool; and install drywell to contain backwash from existing pool. Located: 430 Sailor's Needle Rd., Mattituck. SCTM#144-5-30.1 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 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 EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTING Mark Terry, LWRP Coordinator Pla~ninE Board Town of Southold P.O. Box 1179 Southold, NY 11971 ,.II': SEP 2820]] September 26, 2011 Re: Kevin and Jane McGiliowa% 430 Sailors,Needle~ Mattituck Attached please find a copy of an application being filed with the Board of Trustees for a Town Wetlands Permit to replace approximately 2,318 square feet of existing wood decks and steps with approximately 1,585 square feet of masonry patio and steps with areas of removed decks that are not being replaced with patios to be replaced instead with landscape plantings. Pursuant to Town Code {}268-5 ("Review of Actions") and the corresponding definitions of "action" and "minor action" by {}286-3 ("Definitions"), I believe the project therefore meets the following definition of minor action and is thus not subject to waterfront consistency review pursuant to Chapter 268: "II. Additions to an existing building or rebuilt residential structure which resul, ts in no net increase in ground area coverage, except where the parcel is located in the Coastal Erosion Hazard Area." Therefore, I have not filed an LWRP Consistency Assessment Form with the Trustees. Should you determine the project is not exempt from waterfront consistency review, however, please let me know and I will file the form with your office immediately. cc: Lauren Standish, Board of Trustees Coastal Management Specialist Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brederneyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application Wetland Permit Application __Administrative Permit Amendment/Transfer/Extension Received Application: Received Fee: Completed Application Incomplete SEQRA Classification: Type I Type II Unlisted Coordination: (date sent)_ LWRP Consistency Assessment Form CAC Referral Sent: Date of Inspection: __Receipt of CAC Report: Lead Agency Determination: Technical Review: Public Hearing Held: __Resolution: Name of Applicant KEVIN & JANE McGILLOWAY 100 GLEN LAWN AVENUE Address SEA CLIFF, NY 11579 Phone Number: (516) 759-2628 Suffolk County Tax Map Number: 1000 - 144-5-30.1 Property Location: 430 SAILOR'S NEEDLE ROAD, MATTITUCK (provide LILCO Pole #, distance to cross streets, and location) AGENT: EN-CONSULTANTS (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone: 631-283-6360 Board of Trustees Application GENERAL DATA Land Area (in square feet): 29,540 S.F. Area Zoning: R-40 Previous use of property: RESIDENTIAL, ONE-FAMILY DWELLING Intended use of property: NO CHANGE Covenants and Restrictions: If "Yes", please provide copy. Yes X No Does this project require a variance from the Zoning Board of Appeals If"Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date SOUTHOLD TRUSTEES #5945 6/24/04 SOUTHOLD TRUSTEES #7276 4/21/11 Yes X No NYSDEC TIDAL WETLANDS 8/27/04 #1-4738-03365/0000l & 03365/00004 5/12/10 USA COE #2004-00591-L2 & 2010-00395 7/09/04 & 4/19/10 NYS DOS #F-2004-0473 & F-2010-0263 6/21/04 & 5/13/10 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Remove approximately 2,318 s.f. of existing wood deck and steps and construct partially in their place approximately 1,585 s.f. of masonry patio and steps; establish planting beds in place of deck areas to be removed and not replaced with new patio; resurface existing swimming pool; and install drywell to contain backwash from existing pool, all as depicted on the site plan prepared by Nathan Taft Corwin III, Land Surveyor, last dated September 19, 2011. Board of Trttstees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Replacement of existing, aging wood deck around pool with masonry patio and landscape beds. Area of wetlands on lot: +/-765 .square feet Percent coverage of lot: +/-2.5 % Closest distance between nearest existing structure and upland edge of wetlands: +/-4 feet (pool house) Closest distance between nearest proposed structure and upland edge of wetlands: +/-13 feet (patio) Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? N/A How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A cubic yards Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The project seeks to remove 2,318 s.fi of existing wood decks and steps to be replaced with 1,585 square feet of masonry patio and steps. Therefore, the project will result in a net reduction in Town defined lot coverage of 2,318 square feet or 8 percent of "buildable land" and an in-fact net reduction of ground area coverage by 733 square feet. All deck areas to be removed and not replaced with new patio will be converted to landscape planting beds. A pool drywell will also be added to contain backwash from the existing swimming pool, which is to be resurfaced. Therefore, the effect of the project will be a decrease in impervious surfaces; an increase in planting areas; and a decrease in potential runoff, all resulting in a net benefit to the environmental conditions on the project adjacent to the tidal wetlands. PROJECT ID NUMBER PART 1 - PROJECT INFORMATION ~I~d~6~I/E~O&N'~IRI YOUNG BY !N-CONSULTANTS 3. PROJECT LOCATION: Mm~idpality MATTITUCK 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A 4icant or Project Sponsor) 2. PROJECT NAME County SUFFOLK 4. PRECISE LOCATION: Street Address and Road Intersections. Prominent landmarks etc - or provide map SEQR 470 WILLIS CREEK DRIVE, MATTITUCK, TOWN OF SOUTHOLD, SCTM #1000-115-17-17.11 6. DESCRIBE PROJECT BRIEFLY: Remove approximately 2,318 s.f. of existing wood deck and steps and construct partially in their place approximately 1,585 s.f. ~f masonry patio and steps; establish planting beds in place of deck areas to be removed and not replaced with new patio; resurface existing swimming pool; and install drywell to contain backwash from existing pool, all as depicted on the site plan *repared by Nathan Taft Corwin III, Land Surveyor, last dated September 19, 2011. 7. AMOUNT OF LAND AFFECTED: h~ihatly +/-l.1 acres Ultimately +/-1.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~Yes [] No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~Residential E~Industrial r'~conunercial NAgricult~rre [~]eark/Forest/OpenSpace NOther(desc,ibe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~Yes [~ No If yes, list agency name and permit / approval: DEC 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ]Yes ~No If yes, list agency name and permit / approval: I~.~S A ~S.~JLT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THat THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name.~BERT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Date: SEPT. 26, 2011 Signature ~ ~ - If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART 11 - IMPACT ASSESSMENT tTo be comi~leted by Lead Agencyt A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR~ PART 617.47 If yes~ coordinate the review process and use the FULL EAF. [~Yes [~]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS 1N 6 NYCRR, PART 617.67 If No, a negative declaration may bo superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, po ent a for eros on, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, other natural or cultural resources; or community or neighborhood character? Explain briefly: I C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change Ln use or intensity of use of land or other natural resources? Explain briefly: CS. Growth, subsequent development, related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short, term, cumulative, or other effects not identified in C1- C57 Explain briefly; C70i ~er mpacts ( ~c udin~ changes in use of either quantity or type of energy? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL . IRONMEN,_.~TAL AREA (CEA)? (If yes, explain briefly: Yes I [ No E. IS THERE, OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explani. [~] Yes [~No PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) IN STRUCTIONS: For each adverse effect identified above, deterrathe whether it is substantial, large, Lrapor rant or otherwise significant. Each effect should be assessed th connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration, (d) irreversthllity; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to sfiow that all relevant adverse impacts have been identified and adequately addressed. If question d of p~t ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. beck this box if you have ideafified c~e or ~ potentiaBy large or significant adverse impacts which MAy occar. Then proc~oed directly to the FULL EAF and/or prepare a Imsitive declaratior~ (3~eck this box fl: you l~ave det~, based on the information and analysis above and any supporting dcc~nrnentufion, that the proposed action WILE NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination. Name of Lead Agency Date Print or Type Name ot Responsible Otticer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature oI Preparer (If different from responsible officer) Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) (pdnt'0wner of property) ' ~ (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southo~y behalf. (Ow~xi~nature) / Board of Trustees Application County of Suffolk State of New York ~t:~k) I ~ ~C~ [ [[Oud T~J BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE 1N THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO ~i~O~TY~ O INSPECT THE PREMISES IN CONJUNCTION WITH~ ~ATION. ~ Signature SWORN TO BEFORE ME THIS /~944~ DAYOF &~..~L[~ ,20// ESTENYEB ACOSTA I',rOTARY PUBLIC -"State of New York No. 01AC6157200 Qualified in Bronx County Commission Expires Dec. 04. 20~1 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the oart of town officers and employees. The r~uroose of this form is to provide information which can alert the town of uossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middIe ~nitial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ~ Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~)~. If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock &the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __.C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I EXISTING LOT COVERAGE AS DEFINED BY TOWN OF SOUTHOLD* 255% *LOT COVERAGE CALCULATED TO TOTAL UPLAND AREA = 2B,775 sq, I1. PROPOSED LOT COVERAGE AS DEFINED BY TOWN OF ~OUTHOLD* *LOT COVERAGE CALCULATED TO TOTAL UPLAND AREA = 2B,775 sq, ft. 'LOT COVERAGE CALCULATED TO TOTAL UPLAND AREA = 26,775 sq *LOT COVERAGE CALCULATED TO TOTAL UPLAND AREA ZB,775 sq. fi 2 [' 2Oll ~.. 4/ .33'25" 81 -, 47.55 0 %,, SURVEY OF PROPERTY SITUATED AT MATT TUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-144-05-50.1 SCALE 1"--20' MARCH 3, 2004 DECEMBER 5, 2009 UPDATE SURVEY IN AREA OF POOL HOUSE AUGUST 4, 2011 UPDATE SURVEY SEPTEMBER 19, 201/ ADDED PROPOSED SITE WORK AROUND POOL AREA CERTIFIED TO' KEVIN McGILLOWAY S 26. E 0'51"~l 14,20' LOT AREA = 24,874 sq, fi. ~ 0.556 ~c. ~: ?/o ;o~ s B~-°41'00'' W 104.67 N/O/~ JEANNE P' ~AR~INEA p/o ;o~ (~ UNAUTHORIZED ALTERATION OR ADD[lION TO THIS SURVEY IS A VIOLATION OF N,Y,S Lic. No, 50467 Nathan Taft Corw n III Land Surveyor Fax (631)727-1727