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Home My WebLink About1000-74.-1-1 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southaid, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 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: February 17, 2012 Re: Proposed Wetland Permit for SEVEN CATS INVESTMENTS LLC SCTM#1000-74-1-1 The Board of Trustees issued a wetland permit TR-6826 (attached) in 2008 for the action. Patricia C. Moore, Esq. on behalf of SEVEN CATS INVESTMENTS LLC requests a Wetland Permit to construct a single-family dwelling, driveway and sanitary system. Located: 2870 Henry's Lane, Peconic. SCTM#74-1-1 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 provided that that the Board considers the following additional best management practice: The parcel is located within the Autumn Pond/Goldsmith Inlet watershed; to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem. 1 Require storm water controls (pervious driveway) pursuant to Chapter 236 Stormwater Manaqement of the Southold Town Code. Gutters, leaders and drywells were referenced in the 2008 permit. 2 If the action is approved, it is recommended that the existinq ve.qetaton 50' landward of the wetland line be incorporated and preserved as a perpetual non-disturbance buffer. 3 The area is not served by public water - the application of synthetic fertilizer and pesticide within the buffer should be prohibited. An example definition of a natural vegetated buffer is included for your use: 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 percentage of ground cover of 95%. To achieve the percentage of ground cover, indigenous, drought-tolerant vegetation shall be planted. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water-body. [Added 12-15-2009 by L.L. No. 15-2009] 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 INSTRUCTIONS / _ 1. All applicants for permits* including Town of Southold agencies, shall com,?ete thi..s C.CAF. for proposed actions that are subject to the Town of Southold Waterfront Conststency 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 c Southold Town). If any question in Section C on this form is answered "yes", the achievement of the LWRP policy standards and conditions law. Thus, the action should be analyzed in more detail a determination that it is consistent to the maximum extent standards and conditions. If an action cannot be certified as c standards and conditions, it shall not be undertaken. ~ affect consistency review modified prior to making t the LWRP policy policy A copy of the LWRP is available in the following places: online e Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the ]dng Department, all local the Town Clerk's office. ~ AGENT: Patricia C. Moore Es~., [ 51020 Main Road, Southold NY 1197! 631-765-4330 ~X. r The Application has been submitted to (check'a~prop ate response): Town Board [] Planning Dept. [] Building ept. [] Board of Trustees X Zoning Board of A¥~e 1 Category of Town of Southold agency actionN eck appropriate response) (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) (c) Town of Southold LWRP Consistency Assessment Form Financial assistance (e.g. grant, loan, subsidy) [] , .A_,/ · /kY / Permit, approval, license, certification: [] Type:~lt ~/~/J 1 Nature and extent of action: Proposed construction of single family residence and sanitary complying with all energy and environmental standards, more than 100 feet from edge of freshwater wetlands. Private drinking well within 100 feet due to Health Department regulations of separation of well from sanitary, drywells and gutters added to new house Location of action: 2870 Henry's Lane, Peconic Site acreage: 42,440 sq.ft. Present land use: residential Present zoning classification: R-40 2. 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: Gregory K. Johnson (b) Mailing address: 3007 Avenue F, Holmes Beach Florida 34217 (c) Telephone number: ( ) c/o Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of SouthoM that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use o fa coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The proposed construction of the single family dwelling will comply with 100 foot setback. The private well must comply with Health Department standards and is closer to edge of wetlands. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Town of Southoid LWRP Consistency Assessment Form 2 Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): The construction of a new house provides for gutters and leaders which control drainage and provides for proper sedimant control. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section H1 - Policies Pages 8 through 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (ifappropriate): The construction ora new residence will meet flood standards and hurricane code compliance. Freshwaterwetlands created by man made dikes and clay soils. Policy S. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): The proposed house is designed to prevent discharge of runoff into surface waters through use of drywells and leaders. After construction the property will be landscaped with native and low-fertilizer dependent plant species which will reduce nitrogen loading from the site. 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 L WRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The distance of the house and sanitary to the wetlands meets stated LWRP policies and is more than 100 feet from edge of wetlands. Policy7. Protect and improve air quality in the Town of Southold See LWRP Section lIl- Policies Pages 32 through 34for evaluation criteria. See Section III ~ Policies Pages; 34 through 38for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 3 Yes [] No [] Not Applicable X Discussion (ifappropriate):No impact is anticipated to air quality by construction of a single family dwelling. 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 38for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The proposed construction of a home will meet environmental requirements since 100 foot setbacks are maintained. 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 L WRP Section Ili- Policies; Pages 38 through 46for evaluation criteria. Yes X No [] Not Applicable [] Discussion (ifappropriate):The parcel is private. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LI~RP Section III - Policies; Pages 47 through 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Residential Homes are the primary use in the Town of Southold. Southold has limited commercial development and the taxes that new single family homes pay is disproportionate to the services they demand. The construction of the single family house is an appropriate and recognized permitted use in the Town of Southold,. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LI'FRP Section III - Policies; Pages 57 through 62for evaluation criteria. Yes X No [] Not Applicable [] Town ofSouthold LWRP Consistency Assessment Form 4 Discussion (if appropriate): The construction of new home promote and enhance marine resources because new construction is environmentally friendly and all the regulatory agencies control the proiect to prevent degredation of the environment. Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): The area is not a designated agricultural district. The neighborhood consist of single family homes on existing parcels Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes X No [] Not Applicable [] Discussion (ifappropriate):A$ stated before, the house will be constructed with energy efficient materials and safety standards. Residential development is a recognized permitted and encouraged use in the Town of Southold. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 ~LL NOTES, · ~o~uH~,n- FOUNO o PII~E FOUN~ ~ ~ FLA~ ~ P~I~ B~ R. FOX ~ ~ ~L N~I~ ON {'~. 20, 2~ T~O~PHIO PATA ~i b~ TO N~ '2~ ~ ZO~ R ~ ~LL FL~D ZO~ X ~ ~ ON FI~ ~10~1~1 ~ ..... 21 P~OPO~P OONTOU~ A~ = 42,~ 5.F. or O.~4~ ~PHIO ~ I"= ~' / TYPICAL RETAINING WALL CROSS SECTION JOHN C. EHLERS LAND SURVE~yOR 6 EAST MAIN STRi:u:~I' RrvI~I~.AD, N.Y. 11901 3~8288 Fax 369-8287 REF.-CAI~ and Settings~Aamini~nao~)eakXc