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Home My WebLink About1000-17.-1-2.1 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: December 11, 2011 Re: Proposed Wetland Permit for SUSAN MAGRINO-DUNNING SCTM#1000-17-1-2.1 Suffolk Environmental Consulting, Inc. on behalf of SUSAN MAGRINO-DUNNING requests a Wetland Permit and Coastal Erosion Permit for the rehabilitation of the existing dwelling and deck including deck replacement, new siding, new windows, porch enclosure, expanded entry, new roof, and to repair the existing foundation on the eastern portion of the dwelling. Located: 925 Stephensons Rd., Odent. SCTM#17-1-2.1 Note that in 2005 the Southold Town Trustees issued Chapter 275 and/or Chapter 111 permits to demolish and reconstruct a single family residence on the parcel. The permits include: NO. 6257 -Wetland Permit to demolish the existing single-family dwelling and rear deck/steps, and construct a new single-family dwelling, front porch/entryway, rear porch, rear deck, swimming pool, sanitary system, and private well, with the condition that the area seaward of the coastal erosion line be replanted with native species after construction, and all as depicted on the plans surveyed by John C. Ehlers dated 11/9/05 and the planting plans prepared by Suffolk Environmental Consulting, Inc. dated 12/20/05 Figure 1. Board of Trustee approved plan pursuant to Permit NO 6257. Figure 2. Board of Trustee survey showinq bluff contours and CEHA. Fiqure 3. Board of Trustees re-veqetation plan pursuant to Permit NO 6257 Permit 6075 has since EXPIRED. NO. 7503&7503C - Wetland Permit and Coastal Erosion Permit to repair the foundation of the existing single-family dwelling, and as depicted on the survey prepared by John C. Ehlers dated November 20, 2010 (Figures 3 & 4). JOHN C, EHLERS LAND SURVEYOR FiRure 3. Board of Trustees approved survey for Permit NO. 7503C Figure 4. Close up of structure as-built .Figure 5. 2005 Survey of residential structure. Note that the structure dimensions do no match dimensions of the residential "as built plans". 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 LWRP policy standards and therefore INCONSISTENT with the LWRP. 'The property owners did not build the structure to the plan approved by the Board of Trustee permit NO. 6257, which relocated the entire structure landward of the CEHA, rather they chose to renovate the structure in place with repairs to the foundation. In 2011 repairs to the foundation was applied for and granted by the Board of Trustees under permits NO's 7503 and 7503C. However, it appears that renovations of the structure and a new structure (deck) were built seaward of the Coastal Erosion Hazard Line (see Figures 6 through 9). Policy Standards Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. It appears that renovations to the structure and a new structure (deck) attached to the residential structure were built seaward of the Coastal Erosion Hazard Line and adjacent to a Iow bluff without a Coastal Erosion Manaqement Permit or Wetlands Permit (See fiqures 6 - 9). Figure 6. Subject parcel BING 2006 Photo-set. Figure 7. Subject parcel showing structure in 2006. Figure 8. Subject parcel and CEHA line (red line). Figure 9. Subject parcel Google 2010 photo set showing expansion of structure in CEHA. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lod Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall c)ffnplete 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). 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# 017 01 002.1 The Application has been submitted to (check appropriate responsei: Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees Zoning Board of Appeals [] 1. Category of Town of Southold agency action (check appropriate (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: Legalize the rehabilitation of the existing dwelling and attached deck. Location of action: Site acreage: R.O.W. off Bird's Eye Road; Orient, New York 0.86 acre -+ Present land use: Improved with single family dwelling & related appurtenances Present zoning classification: 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: Susan Magrino-Dunning (b) Mailing address: 2 Sutton Place South - Apt. 17D; New York~ New York 10022 (c) Telephone number: Area Code ( 646 ) 522 - 7004 (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? NYSDEC 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. [] Yes [] No [] Not Applicable This application is for the rehabilitation to the existing1 dwellin,q and attached deck, No impact to any condition or quality within the Town of Southold will result from the minor nature of this activity. 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 This application is for the rehabilitation to the existin.q dwellin~l and afl`ached deck. No impact to the historic and/or archaeolo.qical resources within the Town of Southold will result from the minor nature of this activity. Attach additional sheets if necessary Hov 17 11 03:39p Project Description For Magdno/Dunning Property Applicant seeks a wetland permit and coastal erosion pem~it au~ofizing the as- built rehabilitation of tile dwelling and deck including deck replacement, new siding, new windows, porch enclosure, expanded entry, and new roof for work complet~cl prior to Applicant's purchase of property. Applicant also seeks a wettand permit and cosstal erosion permit to repair existing foundation on eastern porlJon of dwelling. 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 This application is for the rehabilitation to the existin,q dwdlin,q and at~ached deck, Due to the extremely minor nature of this expansion, the visual quality and scenic resources will be maintained. Attach additional sheds 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 This application is for the rehabilitation to the existinq dwellin.q and attached deck, Life~ structures and/or natural resources will not be lost as a result of this minor activity, 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 This application is for the rehabilitation to the existin.q dwellin,q and at~ached deck. to water quality and/or water supply is anticipated as a result of this minor activity. No impact 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 This application is for the rehabilitation to the existin~l dwellin¢l and attached deck. to the local ecosystem is anticipated as a result of this minor activity. No impact 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 This application is for the rehabilitation to the existing1 dwellin~l and attached deck. No impact to air quality is anticipated as a result of this minor activity, 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 This application is for the rehabilitation to the existin,q dwellin.q and attached deck. No solid waste and/or hazardous substances/wastes were associated with this minor activity. 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 This application is for the rehabilitation to the existin~l dwellin.q and attached deck, No existin,q public access within the surroundin.q area has been impacted by this minor proiect, 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 III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable This application is for the rehabilitation to the existin.q dwellin,q and attached deck, The activity is not applicable to water-dependent uses. Attach addilional 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 Ill - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable This application is for the rehabilitation to the existin,q dwellin.q and attached deck. No impact to marine resources is anticipated as a result of this minor activity. 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 T This application is for the rehabilitation to the existin,q dwellinq and attached deck. No impact to a.qricultural lands is anticipated as a result of this minor activity. 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 This application is for the rehabilitation to the existin,q dwellin.q and attached deck. No use and/or development of ener,qy and mineral resources is associated with this minor activity. Aaach additional sheets if nccessary Created on 5/25/05 I I:20 AM ,/ 74.08, / S64o59,00.E C ~ N48°JT,oo.w I'4ONLJN1ENT F:OUND O PIPE POUNE) PARCEL ALSO SHOkqN ON SURV'E¥ OP THE "C.,EE:)ARS" PP-.OPERq~'' OF MARY. I'.4. 5TEPHENSON t=ILEE2 JULY' ii, IqO(::,, FILE No. 421 AS PART OF PLOT E ~ PART OF:: PLOT X. ELEVATION5 REEERENGE N®V~'2q FLO0~ ZONE ANNOTAT~ FROM FIRIwi MAP NUi¥'iI~'ER ~,610~C,00~4 H SEPT. 2~, 200~ COASTAL EROSION HAZAt:~X~ LiNE ANNOTATED PROld COASTAL EROSION HAZARD AREA HAP PHOTO No. 4q-651-8~ SHEET I~ OP 4q ~RAPHIG ~GALE I"= ~0' AREA : 97,405 S.F. or 0.858~ AGPJE SURVEY OF: PROPERT"f SITUATE: ORIENT TOIAIN.. SOUTHOL]P SUFFOLK. GOUNTY, NY SUP-.VEYED li-20-2010 SUFFOLK COUNTY TAX ~ IO00-1q-l-2.1 CF_~'~ED TO: SUSA~ MAGIUNO ' 20'~ , e,O. oo, O 40 80