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Home My WebLink About1000-23.-1-6.1 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: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: January 17, 2012 Re: Proposed Wetland Permit for FREDERICK DELAVEGA & LAWRENCE HIGGINS SCTM#1000-23-1-6.1 En-Consultants on behalf of FREDERICK DELAVEGA & LAWRENCE HIGGINS requests a Wetland Permit to construct an 18'X 36' in-ground swimming pool (including 8'X 8' spa); on-grade masonry pool patio, pool enclosure fence, 65 If. of 2' high retaining wall (with existing boulders added to each end to avoid need for additional retaining wall), and steps; construct masonry stoop and steps from house to pool patio; remove existing bluestone patio in back of house and construct new masonry on-grade patio; place stepping stones from proposed patio to proposed pool; enclose existing outdoor shower with wood panels; replace existing driveway with new pervious gravel driveway; plant native red maples, Acer rubrum, along property line; legalize previously completed relocation of sliding glass doors to outer wall of previously existing pomh to completely enclose porch space; and establish permanent 10' wide non-turf buffer adjacent to wetland boundary. Located: 15437 Route 25, East Madon. SCTM#23-1-6.1 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 denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided the following: 1. Require the installation of trees other that red maple that are more suited for the maritime environment (salt tolerance, wind exposure). 2. If the action is approved 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 it is recommended that instead of the 10' non-turf buffer proposed, a landscaped buffer (including existing vegetation) is required landward from the top of bank. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. 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 matedal 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 Town of South'old Ao INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM A l[ applicants f0r perm its* including T0wn 0fS0uth01d agencies, sha]lc0mpletethisCCAF for proposed actions that are subject to the Town of S0uth01d W aterfr0nt C0nsistency Review Law. This assessmentiain{endedt0 supplement0therinf0rmati0n used byaT0wn 0fS0uth0fd agency in m a k in g a d e t e r m in a tin n 0 f c 0 n s is t e n c y. *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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus.~ each answer must be explained in detail, listinR both suooortim, and non- sup~ortine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 23 A copy of the LWRP is available in the following places: online at the Town of (southoldtown.northfork.net), the Board of Trustees Office, the Planning De libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION -6.1 PROJECT NAME FREDERICK DeLaVEGA & LAWRENCE HIGGINS website The Application has been submitted to (check appropriate response): Town Board I'~ Planning Board~] Building Dept. Category of Town of Southold agency action (check ~ (a) Action undertaken directly by Town a~ construction, planninl (b) Financial assistance (e.g. (c) Permit, approval, license, certificati Nature and extent of action: Construct 18' x 36' in-ground swimming pool (including 8' x 8 r"stees ,ponse): ~ital , land transactio~) __ pool patio, pool enclosfire fence, 65q-Shear feet vf 2' high retaining wall (with existing boulders added to each end to avoid need for additional retaining wall), and steps; construct masonry stoop and steps from house to pool patio; remove existing bluestone patio in back of house and construct new masonry on-grade patio; place stepping stones from proposed patio to proposed pool; enclose existing outdoor shower with wood panels; replace existing driveway with new pervious gravel driveway; plant native red maples, Acer rubrum, along property line; legalize previously completed relocation of sliding glass doors to outer wall of previously existing porch to completely enclose porch space; and establish permanent 10' wide nonturf buffer adjacent to wetlands boundary, all as depicted on the site plan prepared by Marshall Paetzel Landscape Architecture, dated December 19, 2011. Non-Jurisdictional determination requested for all activities proposed more than 100 feet from wetlands and therefore beyond Chapter 275 jurisdiction, including construction &pergola and walkways and installation of pool drywell. Location of action: 15437 ROUTE 25 (MAIN ROAD), EAST MARION Site acreage: 3.19 ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: R-80 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: FREDERICK DeLaVEGA & LAWRENCE HIGGINS (b) Mailing address: 344 WEST 23RD STREET, #PHB NEW YORK, NY 10Oil (c) Telephone number: Area Code 212-353-2200 (d) Application number, if any: Will the actionY0g~[R~14glt, g~lXa~ require ff.~0~lv4~r approval by a state or federal agency.`? Yes [~ No I ] If yes, which state or federal agency.'?~Ys DEC C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section II1 - Policies Pages 3 through 6 for evaluation criteria [--] Yes ~] No [5~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria 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 Ili - Policies Pages 8 through 16 for evaluation criteria ~] Yes ~] No [~ Not Applicable 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 Demonstrating consistency with Policy 5, a 2' high retaining wall will be constructed seaward of the proposed pool patio so that the existing grade can be adjusted enough to create a proposed level grade in the pool area, thereby removing the existing slope toward Dam Pond, which will minimize the rate of flow of surface runoff. A dedicated drywell will be installed to contain backwash from the pool once constructed, and a permanent 10' wide nonturfbuffer is proposed to be established adjacent to the wetlands boundary, which will ensure permanent filtering of surface water runoff that does approach Dam Pond. 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. [~Ves ~ No ~] Not Applkable The proposed s~imming'pool is proposed to be set back approximately 74 feet from the tidal wetlands boundary associated with Dam Pond where a minimum 50' setback is required by Chapter 275 and roughly as far from the wetlands as possible without necessitating variance relief from Chapter 280. The proposed wetlands setback to the pool would thus exceed that required by code by nearly 50 pement. Although the pool will be constructed within an area historically maintained as a cleared lawn turf, mitigation measures have also been proposed to control and contain runoff from the project site. Specifically, a 2' high retaining wall will be constructed seaward of the proposed pool patio so that the existing grade can be adjusted enough to create a proposed level grade in the pool area, thereby removing the existing slope toward Dam Pond. A dedicated drywell will be installed to contain backwash from the pool once constructed, and a permanent 10' wide nonturf buffer is proposed to be established adjacent to the wetlands boundary. A temporary project limiting fence and staked haybales will also be set in place to control and contain site disturbance and potential runoffduring construction. The other project components, such as replacement of the masomy patio, pervious driveway, and enclosure of an existing outdoor shower, are minor and will not effectively alter existing site conditions. With respect to the New York State Tidal Wetlands regulations, only a small portion of the proposed pool patio, retaining wall, and fence am located within what has previously been determined to be the limit of the New York State Department of Environmental Conservation's jurisdiction. The project will therefore by consistent with Policy 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section Ill - Policies Pages 32 through 34 for evaluation criteria. ~] Yes [--] No[~ Not Applicable 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 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 llI- Policies; Pages 38 through 46 for evaluation criteria. Yes ~] No [~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's wat~r-dependen.t .uses and promote siting of new wat.er-depen.dent suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluatmn criteria. [~ Yes ~'] No [~ Not Applicable uses in 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 11I - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes ~] No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricnltnral lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~--] Yes ~ No [~ Not Applicable Attach 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 PREPARED BY ROBERT E. IgERRMANN TITLEcoASTAL MGMT SPECIALIST DATE 12/2l/1 1 Amended on 8/1/0.5 SITE DATA: TOIAL LOT AREA: 139,337 Sq.Ft. (3.19 Ac) JPLAND LOT AREA: 43,052 Sq.Ft. (0.98 Ac) COVERAGE CALCULATIONS: EXISTING LOT COVERAGE: 2,890 Sq. Ft. (6.71%) PROPOSED LOT COVERAGE*: 3,659 Sq. Ft. (8.5%) *includes Proposed Swimming Pool and (2) raised masonry stoops/steps / / EXISTING SANITARY SYSTEM TO REMAIN / / LP $ $3° 39, 5~ ,/ DAM ,/ / POND 10 / PROPOSED 10' WIDE NON-TURF BUFFER (+9,985 Sq. Ft.] "See KEY MAP for' entire buffer area EXJSI~TING FLAG POLE EXISTIt SHOWER TO BE ENCLOSED WITH 8'X6~ WOOD PANELS EX[ST. 2ND STORY DECK DAM PO EXISTING BLUESTONE PATIO-TO BE REMOVED PROPOSED 480 SF MASONRY/STONE ..... PATIO ON-GRADE SHORELINE I0 PROPOSED STEPPING STONES IN GRAS_S. TIDAL WETLANDS BOUNDARY AS DELINEATED BY EN-CONSULTANTS, 8-3-11 PROPOSED PROJECT LIMITING FENCE- STAKED HAYBALES/SILT FENCE PROPOSED 106 L.F. x4' HIGH POOL FENCE WiTH 4' SELF-CLOSING, SELF-LATCHING GATE PROPOSED 65 LINEAR FT. X 2' HIGH STONE RE[AINING WALL WITH MASONRY STEPS BW9O PROPOSED PERVIOUS GRAVEL DRIVEWAY WITH STEEL EDGING EXISTING DRIVEWAY TO BE REMOVED ~ PROPOSED FREESTANDING STONE GARDEN WALL 32 LINEAR FT X 2' HT. 208 SF PROPOSED STONE WALKWAY ON-GRADE EXISTING COVERED STOOP TO REMAIN TO REMAIN 82 LANDING C jULDERS STEPS EXISTING BOULDERS, RELOCATED TO AVOID WALL CONSTRUCTION AS SHOWN PROPOSED 40 SF MASONRY STOOP/STEPS 4' HIGH ,L FENCE WITH 4' SELF-CLOSiNG, PROP. CRUSHED STONE PATH ON GRADE SECTION A PROP 1232 SF MASONRY~ /STONE PATIO ON GRADE PROPOSED Iii II lB' x 36' POOl Top of Coping = 11.25' PROP. 8'×8' SPA PROPOSED 18'X9'X 9' HT. C E[~'~R PER~dLA DW Well " ~ POOL EQUIPMENT ,' /,,/'/ / /,,/ E31.??, ,, PROPOSED POOL / / KEY MAP Scale 1"=100' ........ EXISTING GRADE 4' FENC% PROPOSED GRADE ..~ ~ ....... **NOTE: Regrading to be accomplished with on-site material; r POND~ ....... PATIO 2' WALL additional fill to be trucked in, PERGOLA SECTIONI A 1" 10'0" Scale = - b / / ~ROJECT LIMITING CONSTRUCTION FENCE 10' CONTOUR AS SHOWN ON AMENDED SURVEY BY R. VAN TUYL, P.C JUNE 2, 1997. LIMIT OF NYSDEC ARTICLE 25 JURISDICTION PURSUANT TO NYSDEC LETTER DATED FEB. 7, 1994 - FILE NO. 1-4738-00835J00001-0. EXISTING BOULDERS, RELOCATED TO AVOID W ~LI. CON~TR[ ICTIOt t AS SHOWN PROPOSED ~59 L.F.X 6' HT. STOCKADE FENCE PROPOSED (5) ACER RUBRUM @ 3~4" CALIPER : BEC 2 3 2011 NOTES: 1. Existing conditTons base map as per survey prepared by Kenneth M Woychuk, L,S. dated May 19, 2011. 10' Contour and Septic System as per survey prepared by Roderick Van Tuyl, PC, dated March 15, 1993. 2. This plan is for the purpose of obtaining permits only. Not for Construction. 3. All elevations as per L.A.'s own fieJd measurements and are approximate. SITE PLAN DE LA VEGA / HIGGINS RESIDENCE Main Road. East Marion, New York mplo studio landscape architecture marshall paetzel landscape architecture, pc PO Box 478 12830 M~in Road Mat[i[uck, NY 11952 ph 63%209-2410 mail~mplastudlo.com e a I DRAFT 0 5 10 Scale 1"=10' DATE: 2011 12,19 REVISED: SP-J SHEET 1 Of 1