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HomeMy WebLinkAbout1000-87.-4-4 L.. O�*QF SO OFFICE LOCATION: UTyOI MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25 l l�L Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) va � � � Telephone: 631 765-1938 Southold, NY 11971 Fax: 631 765-3136 oly'Cou LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: June 16, 2014 Re: Proposed Wetland Permit for PETER BOGER SCTM# 1000-87-4-4 En-Consultants on behalf of PETER BOGER request a Wetland Permit to demolish and remove existing one-story, 928sq.ft. single family dwelling with attached decks and steps and construct new two-story, 824sq.ft. single family dwelling on raised foundation with covered entry, masonry walkway, and steps; raise existing shed; remove existing sanitary system and install new sanitary system raised 2 feet above groundwater with concrete retaining wall and approximately 328 cubic yards of clean fill; install a drainage system of gutters to leaders to drywells to dwelling; remove existing driveway and install new pervious gravel driveway and parking area; and establish in place of existing lawn areas located more than 4' seaward of proposed driveway approximately 1,790 square feet of landscaped buffer areas to be planted with native vegetation and approximately 500 square feet of non-turf buffer to consist of un-vegetated clean sand. Located: 717 Private Road #12, Southold. SCTM#87-4-4 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 actions are CONSISTENT with the Policy Standards and therefore are CONSISTENT with the LWRP based on the following. 1. There is no ability to relocate the dwelling out of the FEMA Flood Zone AE el 6 and the structures will be constructed to meet FEMA requirements. 2. The sanitary system is proposed to be upgraded. 3. The proposed landscape buffer, non-turf buffer, pervious driveways and storm water controls mitigate impacts of the reconstruction of the dwelling. 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 r Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. A ll applicants for perm its' including Town of Southold agencies, shall com plete this CC AF for proposed actions that are subjeetto the Town of Southold W aterfront Consistency Review Law , This assessor ent is intended to supplem ent other inform ation used by a T ow n of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerialP ermits 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- 'n facts. If an action cannot be certified as consistent with the LWRP policy standards and supporta g p y 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# 87 - 4 _ 4 MAY 2 2 2014I' ' PROJECT NAME Peter M.Boger The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees ❑ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital VN construction, planning activity, agency regulation, Ian" apsactian) El(b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: JUN - 9 2014 ❑ Nature and extent of action: Demolish and remove existing one-story,928 square-foot single family dwelling and attached decks Land steps,and construct new, two-story,824 square-foot,single family dwelling on raised foundation with covered entry,masonry walkway,and steps;raise existing shed;remove existing sanitary system consisting of two leaching pools in groundwater and install new sanitary system raised 2 feet above groundwater with concrete retaining wall and approximately 328 cubic yards of clean fill;install drainage system of leaders, gutters,and drywells;remove existing driveway and install new pervious gravel driveway and parking area;and establish in place of existing lawn areas located more than 4'seaward of proposed driveway an approximately 2,240 square-foot nonturf buffer to be planted with native vegetation,all as depicted on the site plan prepared by Samuels&Steelman Architects,dated March 5,2014. See_ h der M-0 f Cantrell, Elizabeth From: Cantrell, Elizabeth Sent: Thursday, May 29, 2014 3:49 PM j To: Robert Herrmann Subject: RE: Boger Sounds good to me Rob. I am editing your description and it will have the modified verbiage below in the Legal Notice. From: Robert Herrmann [mailto:rherrmannC&enconsultants.com] Sent:Thursday, May 29, 2014 3:20 PM To: Cantrell, Elizabeth Subject: Boger Liz,while correcting the buffer description as you requested, I also noticed a)we used the term "landscaped buffer" as it appears in Chapter 268 to describe the areas to be planted and nonturf buffer for the unplanted sand;and b) I had a typo in the total buffer area,which is 2,290, not 2,240. So below is my suggested re-wording of the buffer part of the project description for the wetlands permit. "...and establish in place of existing lawn areas located more than 4'seaward of proposed driveway approximately 1,790 square feet of landscaped buffer areas to be planted with native vegetation and approximately 500 square feet of nonturf buffer to consist of unvegetated clean sand,all as depicted..." I Please confirm the description now makes sense and jibes with the plan,and thanks so much for bringing my attention to this,as this all would definitely have become an issue come covenant time. Rob Robert E.Herrmann,MEM Coastal Management Specialist En-Consultants 1319 North Sea Road Southampton,NY 11968 Phone:631-283-6360 Fax:631-283-6136 Email:rherrmann®enconsultants.com www.enconsultants.com 1 Location of action:717 Private Road#12(aka Windy Point Lane),Southold Site acreage: 13,580 s.f. Present land use: Residential,single family dwelling 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: Peter M.Boger (b)Mailing address: 2444 Rockville Centre Parkway Oceanside,NY 11572 (c) Telephone number: Area Code 718-240-4757 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes M No ❑ If yes, which state or federal agency? DEC,Southold Trustees, SCDH 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 M 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 F-1Yes ❑ 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 ®Yes ❑ No ❑ Not Applicable The proposed dwelling will remain in essentially the same location as the existing and will be consistent in character with neighboring dwellings,which over time have been similarly increased in size and height;and the establishment of the approximately 2,240 square foot buffer area to be planted with native vegetation will expand the area of existing natural vegetation along the shoreline of Corey Creek,thus having the effect of preserving existing vegetation and establishing new indigenous vegetation to enhance scenic quality, consistent with Policy 3. 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 The new dwelling structure would be raised by approximately 1.5 feet and into conformance with the New York State base flood elevation requirement of 8'MSL in this FEMA AE-6 flood zone,thus providing the benefit of reducing and minimizing the risk of structural damage as a result of flooding and erosion,consistent with Policy 4. e 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 In association with the proposed dwelling renovations,a drainage system of leaders,gutters,and drywells will be installed to collect roof and site runoff;and an approximately 2,240 square foot buffer area to be planted with native vegetation will be established between Corey Creek and the developed portion of the property, which can serve both as a sink and filter for stormwater runoff and contaminants. By thus increasing on-site groundwater recharge,reducing lawn areas,and increasing the setback of lawn areas from wetlands,the potential quantity of site runoff reaching the adjacent tidal waters will be decreased,and the quality of any runoff that does reach tidal waters will be improved through a reduced concentration of potential fertilizers,pesticides,and insecticides. Groundwater and ultimately surface water quality will also benefit from the replacement of the existing sanitary system likely sitting in groundwater with a new sanitary system raised so that all of its components would be situated at least 2 feet above groundwater. Therefore,the project is consistent with Policy 5,as water quality and supply will be both protected and improved as a result of the mitigation measures associated with the project. Attach additional sheets if necessary Policy6. Protect and restore the quality and function of the Town of Southold ecosystems including q Y Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable Spee attached. 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 f0. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy It. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No® 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 ® 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 TITLECoastal Mgmt.Specialist DATEMarch 7,2014 Robert F_X.Omann Amended on 811105 iia ax.oio v�s� MAIN Q41'Yl�y %e t,.,ux • w_icN t.ix�o+ a �+v •0�iee.ec°,o: b; ��, , e � .. a ex a oe e e,ze ,e M ,e t _. E�e •x,.,o xb6 • ad �iC � �... 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Main Rd. &Youngs Ave.) G Q Southold, NY 11971 '�` y0 Telephone:631765-1938 co Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM REcUVEa APR 2 5 2014 To: Leslie Weisman, Chair ZONING BOARD OF APPEALS Members of the Zoning Board of Appeals From: Mark Terry P, Principal Planner LWRP Coordinator Date: April 24, 2014 Re: Coastal Consistency Review for ZBA File Ref PETER M. BOGER#6741 SCTM#1000-87-4-4 PETER M. BOGER#6741 - Request for Variances from Article XXIII Section 280-124 and the Building Inspector's January 28, 2014 Notice of Disapproval based on an application for building permit for demolition of an existing single family dwelling and construction of a new single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, located at: 717 Private Road #12 (aka Windy Point Road) (adj. to Corey Creek) Southold, NY. SCTM#1000-87-4-4 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 actions are CONSISTENT with the LWRP policies and therefore CONSISTENT with the LWRP based on the following. 1. There is no ability to relocate the dwelling out of the FEMA Flood Zone AE el 6 and the structures will be constructed to meet FEMA requirements. 2. The sanitary system is proposed to be upgraded. 3. The proposed landscape buffer, non-turf buffer, pervious driveways and storm water controls mitigate impacts of the reconstruction of the dwelling. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. PETER BOGER,717 PRIVATE ROAD #12 (AKA WINDY PT. LANE), SOUTHOLD i /l r 5 � e Figure 1. Looking south at subject dwelling from Windy Point Lane(right)and at neighboring two-story dwellings and accessory structures at 705 Windy Point Lane(center)and 625 Windy Point Lane(left). I I g Y - i cy s Figure 2. Looking east at a) existing dwelling to be removed and shed to be raised,b)stakes demarcating corners of proposed dwelling,and c)neighboring two-story dwellings and accessory structures. PETER BOGER, 717 PRIVATE ROAD #12 (AKA WINDY PT. LANE), SOUTHOLD tip it •-�- ■���� �� Isoil m Figure 3. Looking northeast over driveway to be relocated at existing dwelling to be removed and at stakes demarcating corners of proposed dwelling and new,upgraded sanitary system. Figure 4. Aerial view of existing dwelling(center);neighboring dwellings and accessory structures;and surrounding tidal wetlands. Photo by Microsoft Corporation. 1� SURVEY V. otic 9, EY OF PROPERTY AT BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000-87-04-04 SCALE: 1"=20' JULY 25, 2012 ' WATER METERS J N JP ~ .'c 4t ^ cl '/ m oai � 4 'Y •� i I `t l �ZG 1 -+ Y Y �•�\ 1 Y Y •Y Y AIL • Y r '( Y Y Y Y •• \\ ` 3 eZ Y \ O . - It Y Y vlox \ 1L Y Y Y t Y Y Y \\ 'ems OW Y Y(c YIL Y Y YY V A m Y Y \ Z Y Y Y YY \ • V. Y Y: `% MAY 2 2 2014IL ?+�1 • Y � "'V���JJJ Y Y Y Y Y i. Y Y Y Y Y �� • Y Y Y Y Y Y GJ IL Y ' Y Y Y Y A AREA=13,580 S.F. or N_ � TO TIE LINES '. Y Y Y vr- co h!E; V MR6K NOTE: PROPERTY IS LOCATED ENTIRELY IN FOOD ZONE AE 6 FROM FEMA MAP # 36103C01 66H. ki ELEVATIONS AND CONTOUR LINES ARE REFERENCED TO NAVD.'88 '�•49b X = WETLAND FLAG; TIDAL WETLANDS DELINEATED Y.S, LIC, NO. 49618 BY EN—CONSULTANTS, 5/25/12. `'y' ECONIC S ORS, P.C. (631) 765 — 5020 FAX(631) 765-1797 ANY ALTERATION OR ADDITION TO TMS SLRVEY IS A VMLATION P. 0. BOX 909 OF SECTION 7289 OF 7W NEW Yuri(STATE MJCATIQN LAV. EXCEPT AS PER MErTMV 7a0%SL4t0rV7=N 2 ALL CERTMEATIO161230 TRAVELER STREET H�A�VALID FOR TM►9 AND D SE "43L OF T ONLY E SOUTHOLD, N.Y. 11971 02- 156 sam►ww OR caws BEAR Tri n�EssED SEAL OF TW suRVEraR WHOSE Sll"RW APPEARS rEREDri