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Home My WebLink About1000-116.-6-10.2 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. 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 12, 2012 Re: Proposed Wetland Permit for AVELNO, LLC, AS CONTRACT VENDEE SCTM#1000-116-6-10.2 En-Consultants on behalf of AVELNO, LLC, AS CONTRACT VENDEE requests a Wetland Permit to construct a 12'X 37' in-ground swimming pool; install pool enclosure fencing; and relocate drywells. Located: 12120 New Suffolk Ave., Cutchogue. SCTM#116-6-10.2 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 the following: 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 the Board require the creation of a landscaped buffer 30 feet in width landward from the concrete seawall. A sample definition of a landscaped buffer is provided below for your use. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation (excluding turf) 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 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 Town of Southold' A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A Il applicants f0r perm its* including T0w n 0f S0uth01d agencies, shall c0m plete this C C A F f0r proposed actions that are subiect to the Town of S0uth0ld W aterfr0nt Consistency Review Law. This assessmentisintendedt0supplement0therinf0rmati0nusedbyaT0wn 0fS0uth01d agency in m a k in g a d ete r m in a ti 0 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. 2. 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, listing both supporting and non- supporting facts. 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# 116 6 _ 10.2 PROJECT NAME AVELNO, LLC (CONTRACT VENDEE) Town Board The Application has been submitted to (check appropriate response): ['--] Planning Board I'~ Building Dept. I'~ Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (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: Construct a 12' x 37' inground swimming pool; install pool enclosure fencing; and relocate drywells, all as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated December 7, 2011. Location of action: 12120 NEW SUFFOLK AVENUE, CUTCHOGUE Site acreage: 1.21 ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING WITH ACCESSORY BARN Present zoning classification: R-40 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: AVELNO, LLC (CONTRACT VENDEE); C/O BARBARA GLADSTONE (b) Mailing address: MANAGING MEMBER, 515 WEST 24TH STREET NEW YORK, NY 10011 (c) Telephone number: Area Code 212-206-9300 (d) Application number, if any:. Will the actionY01~[R~yt~l~K require f, Ot~t,f~r approval by a state or federal agency? Yes [5~ No ~] If yes, which state or federal agency?NYS 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 III - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~ No ~ 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 III - 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 The swimming pool will be consistent with Policy 5 as it will be located approximately 120 feet from the surface waters of Great Peconic Bay; and a dedicated drywell will be installed to contain pool backwash. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid 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 proposed swimming pool is located within the jurisdiction of the Town Trustees pursuant to Chapter 275 because it would be located a minimum distance of 75 feet from an existing concrete seawall frontinl~ Great Peconic Bay and thus within 100 feet of a "beach." However, the swimming pool would be located approximately 120 feet from tidal wetlands characterized by the unvegetated tidal waters of Great Peconic Bay to the south and well over 200 feet from vegetated tidal wetlands located offsite to the west. Therefore, the proposed pool will exceed the minimum 50' setback from tidal wetlands required by Chapter 275 by approximately 70 feet or more than double the required setback. A project limiting fence and staked haybales will be set in place during construction to control and contain site disturbance, and a dedicated drywell will be installed to contain backwash from the pool once constructed. The pool would also be located a minimum of 75 feet from the concrete seawall as required by Chapter 280 of the Town Code. Therefore, the porposed project will comply with all regulations set forth by Town Code and also by Article 25, Tidal Wetlands, pursuant to the New York State Tidal Wetlands Act. 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 III - 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 III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~] No [~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10.,Prote/:t Southold's water-dependen.t .uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH - Pohcles; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonie Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [--] Yes ~] No [5~ Not Applicable 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 [5~ Not Applicable 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 PREPARED BY w~" ROBER ERRMANN TITLEcoASTAL MGMT SPECIALIST DATE 12/21/ll Amended on 8/1/05 c- Ut VE"r' OF F OPERT'r' 51TUATE.. CUTC~ TOINN.. 50UTt-IOLD 51.,It=POLI~ COUNTY, NY EA)R. VE'r': 11-12-200~, INETLANI3~ 10-21-2011 PROP. POOL 12-~,-2011 LOT C, OVEP-Jk~E 12--/-2011 E, UFFOLK COUNT'F TAX # I000 - I1~, - 6 - 10.2 C]~'t'~a~.U TO: ~ 1N'YS~ ADJACENT AtU~,A TABI~ TOWN OF SOD'ZIIOLD BUILDABU[ LAND N / / / I I NOT~S: 0 PIPE FOUND INATIER LINE I~, E, HEATHED IN AREA NEAR. E:,EPTIO IN ACGORDANCF ~NITH ~.C..I2.H.~. .~TANIDAR.[DE~ ARiEA = D2,..5-f.4- ~.F. or 1.20~q ACt:~E~ FEHA FLOOD ZONE Ak DEPICTED ON FEHA HAP 5610~COEX21 H LAST REV. E~EPT. 25, 2OOq ®P-,APHIC, 5,CALF I"= 40'