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Home My WebLink About1000-59.-5-3 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ,~DDRESS: 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: April 9, 2012 Re: Proposed Wetland Permit for WARREN & NINA BERNSTEIN SCTM#1000-59-5-3 Karen A. Hoeg, Esq. on behalf of WARREN & NINA BERNSTEIN request an Amendment to Wetland Permit #7540 to demolish first and second-story and reconstruct dwelling. Located: 2095 Lake Dr., Southold. SCTM#59-5-3 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 EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "B" which states: Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation ~n preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold Amended Copy to Permit ti 7540 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 Waterfi'ont 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 rite Coastal £rosion Hazard Area. Before answering tile 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 tliis form is answered "yes". then the proposed action may affect the achievement of tile LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, mod prior to making a determination that it is consistent to the maximum extent practicable the LWRP policy standards and conditions. If an action cannot be certified as consls with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: onli~ website (soutlioldtown.northfork. net), the Board local libraries and the Town Clerk's office. Town of Southold's the Planning Department, all B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ~000 59 s-3 The Application has been sttbmitted to Town Board [] Planning Dept. [] Board of Trustees [] Category of Town of Southold agency action (a) Action undertaken directly by Town a .g. capital [] construction, planning activity, agency regulation, land transaction) [] Co) Financial assistance (e.g. grant, loan, subsidy) Amended (c) Permit, approval, license, certification: APR - 2 2012 [] Amended Nature and extent of action: Demolish 1st and 2nd story and reconstruct house as per construction plans approved by the Building Department on 10/18/2011, BP ti 36760 and on the site plans approved by the Trustees on April 20, 2011 and July20, 2011. Location of action: 2095 Lake Drive,Southold, NY 11971 Site acreage:_ 35,500 sq. ft Present land use: residential single family dwelling Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, tbe following information shall be provided: (a) Nameofapplicant: Warren Bernstein and Nina Bernstein (b) Mailing address: 65 Old House Lane, Sands Point, New York 11050 c/o Karen A. Hoeg, Esq. Twomey, Latham, et al. (c) Telephone number: AreaCode( ) 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[--] lfyes, which state or federalagency?NYSDEC and Suffolk County Department of Health DEVELOPED COAST POLICY Policy !. Foster a pattern of development in the To~vn 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 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 Atlach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section I11 - 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. Atlach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 througb 7 for evaluation criteria [] Yes [] No [] Not Applicable TO the extent applicable, the pro~ect will enhance visual quality and protect scenic Attach additional sheets i£n¢cessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, stroctures, and natural resources from llooding and erosion. See LWRP Section Ill - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable The project will minimize loss of life, structures, and natural resources from flooding and erosion. The project provides for the installation of 2 drywells 8' .0" diameter x 3'-6' Attach additional shee~s if necessary Policy 5. Protect and improve water quality and supply in the Town of Sonthold. See LWRP Section Ill - Policies Pages 16 through 21 for evaluation criteria Yes [] No L--~Not Applicable The proposed project includes the installation of a new sanitary system and abandonment of an old sanitary system. As set forth is the attached plans the new sanitary system will contain a concrete retaininq wall. Water quality and supply will be protected. The woli. Attach additional sheets if necessary Policy 6. Protect and restore the quality and fimction 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 The project includes protecting and restoring the quality and function of the Town's ecosystems. The retention of existinq indiqenous plants will be maintained. In areas where there is loss or disturbance of existinq indiqenous plants which could not have been prevented dllr~n? ~ongtru~tion. reDlantin~ will be done in accordance with the Town quidelines. Adequate b~ff~r~ w~]] be provided between construction activity and freshwater wetlands. (see Survey for details. ) Attach additional sheets if necessary Policy 7. Protect and intprove 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 aualitv in the Town AOach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill - Policies; Pages 34 through 38 for evahtation 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 Southold. See LWRP Section Ill - Policies; Pages 38 through 46 for evaluation criteria. [-~ Yes~ No [] 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 uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria. TO the extent applicable, Southold's water dependent uses will be protected and promQ~ed. Attach additional sheets if'necessary Policy 11. Promote sustainable use of living marine resonrces 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 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 agricultural lands in the Town of Sonthold. See LWRP Section Ill - Policies; Pages 62 through 65 for evalua{ion criteria. [-~ Yes [] No{~-'~ Not Applicable The project is not located near agricultural lands in the Town of Southold. This policy is inapplicable to the DroDosed Droiect, A~lach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes [] No [] Not Applicable This policy is inapplicable to the project. Created on 5/25/05 11:20 AM AREA OF FRESH WATER WET LANDS ,~. GREAT .?'.,F FROVED BY .--~.~RD OF TRUSTEES ~OWN OF $OUTHOLD t/ 25.00' AREA OF FRESH WATER WET LANDS VERTICAL FEET REQUIRED 273/422 1618 SO FT USE l'~) . 8' DIAMETER X 3 S' DEEP STORM RINGS BERNSTEIN RESIDENCE 2095 LAKE DRIVE, $OUTHOLD, NY. BERGDESIGN AR. CHITECT$ REVISED SITE PLAN SHOWING PROPOSED WORK SK-01 May 23rd 2011 Scale:l"=30'-0" Ammended June 21th 2011