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HomeMy WebLinkAbout8925 Bay Ave, LLC James F King,President COG P O Box 1 179 Bob Ghosio,Jr.,Vice-President j y Southold,NY 11971 Dave Bergen y Telephone(631 765-1892 John Bredemeyer F, Fax(63 1)765-6641 Michael J Domino y T'F ' Southold Town Board of Trustees Field Inspection/Worksession Report / Date/Time: 10 (f-3 L Mark K. Schwartz, Architect on behalf of 8925 BAY AVE., LLC c/o ANTHONY LOMANGINO requests a Wetland Permit to construct a new tennis court at side yard of existing house; tennis court to be partially cut into ground 2 feet; tennis court to have wall and fence; drainage and drywells to be installed for tennis court. Located: 8925 Skunk Lane, Cutchogue. SCTM# 104-3-15 Type of area to be impacted: altwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: LC.hapt.275 Chapt. 111 other Type of Application Wetland _Coastal Erosion _Amendment _Administrative_Emergency Pre-Submission Violation Info needed: Modifications- Conditions: Present Were: -- -'�J King, /B Ghosio D. Bergen, ..J—Bredemeyer Michael Domino D. Dzenkowski other Form filled out in the field by Mailed/Faxed to. Date: t ' �OgufF01 O Peter Young,Chairman H Town Hall,53095 Main Rd. Lauren Standish,Secretary P O Box 1179 • Southold,NY 11971 , y�►Ql �0�` Telephone(63 1)765-1892 Fax(63 1)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., March 13, 2013 the following recommendation was made: Moved by Audrey Horton, seconded by Jack McGreevy, it was RESOLVED to NOT SUPPORT the Wetland Permit application of 8925 BAY AVE LLC to construct new tennis court at side yard of existing dwelling to be partially cut into ground 2'; construct a retaining wall and fence; and install drainage and drywells. Located: 8925 Skunk Lane, Cutchogue. SCTM#104-3-15 Inspected by: Doug Hardy, Audrey Horton The CAC does Not Support the application because the project was not staked. Vote of Council: Ayes: All Motion Carried PEC EC VE MAR 1 4 2013 Southold Towo Board of Trustees REVISTONS: .-.'t= `JV�4oC / ✓ hr% •Lp-1��RµIZ No.095'1iM•" _— .,_. ^'�� _ ... LD C / URBAN t fp ` HANNEL i I f NOAtFFRT1L72ER BLF` 6'30.36 A PS _ y — AVERA ON Pa' �£AVl / J .,,. "` "• � .� GE N CE. .,,. i r F n�Fy, LITTLE , N+.Tu CREEK D -- OAREA_. OIC — .07,0 '' N= 1,404 m / LANDWARD LIMITS OF TIDAL ,' /' /; .'1 OQr W - WETLANDS AS DELINEATED ON E CONSULTANTS,INC. O / JULY 22,2009 6Y N ON Q �a / f - / f- s SITE 'C. i / j� }_ ' LOCATION LITTLE PECONIC BAY 6,6 br V w o r i za' Qa M~ / %�. .. _ \.., LU 0 9:,z L�.rtTLA 4Uw0 0 / aa J / I � \ \ \ BROADWATER \ POND \ 1 COVE / •\ 7.0 �o, D EOE \ I CRUD z ..p J LAWN .' , ...... )Ill. .l. v `\ I \ \ \ ' • .. VG / FR IS THE EDGE OF WATDER'A.S PER t2Y \ „,,.; SUFFOLK ENVlROlv1ENTAl.CONSlJLT1NG;INC. Lu J/ 5g7°33, E s \ 'MARCH 28.2012 � TIDALW BOWMAN � oQ / _. �NpAAD L1Jp3 �AL EAV C£S INC \ p£UNEAIED pt0 MAP LEGEND � / w AS LAND USC / 007 0 a VtI \ "1 , Z N 04 �♦ ` *r:, Q ria ♦ [-.� \\ � ♦♦ / 2 MED $P `i E"' ENOUSE 5 O V "ipyft r T l Q gy D { �RA:36p0 SQ.FT: D.W� bpo '^ ! 1 !a RUNOFF:601 CU.FT. ~y'....u,al':''. ` >W7, PROVIDE:(2)B,Afa..Oft.DEEP t D.W 7 DI�Y�N/ELLS(676-CF CAP.) LANDWARD EDGF.OF a ; C>1� O / 1 IDF,!_\XJFTLAN D�AS o D w i ioo�a au O 00 4:601 CU.FT. 9.5 / DLLINIATED B4' PROVIDE:(2)8'dia..811.DEEP �20 , t =Yi•"; l�-i C(� t ^ \ DRYWrELLS(676 CF CAP.) POLE® V r 1Pc4D 4 O� SUFFOLK ENVIROMENTAL ,+ a a°�yjy +� CONSULTING,INC.ON o MARCH 2?.20i2 00„-/_ f �t,Al ',,,c I,Lt ` d• dla. \� } L 1 TT L E CREEK - / (DREDGED CANAL) [LA z -; �pAL ND , 5�/, •o pO` \ a c S. '10 .,, N 50' tr ,20 / A lA"did X18"dia BUFFtR' 63 �1r1"di .1,tON-TURF.y ` x122"dia. ..,a LANM'APD EDCIE OI" TIU,:L VIC(L4HOS AS S GHi^.1A fF'�F.t'1 // SUFCULr FNVIR()IaCNTrI CONSULTING, INC.ON AARCH?i,201? t `+ 474 'CLEAR ;18"dia. s -I: ~, / / r .'. ed2°die: •9"dIA, tl !a. 263.07 / � I / / � I �-,��,� _ .1,i "•�. '1� '' t/ alq"dla. j ;•`, 4.16"dia. r 4 QJ O I ! ` / ," `. ., •v10 dia... � •.717`dla. p ��; s' Y � � / •� ` 'lig / i !� l 4 r�\,," 4"dial 72 f'.n16"dia. :. `> ;s. " ' r�..l `-� Q-I iU• J - / / a / >`\ H•4"a9larY' '�" Y jl.. °^ �y w �C rJ� - LITTLE CREEK �� 0 (ACU +v+ 400700„W 0 oo / N M v \6 / ECEIVE C711 E CU s- , - SITE PLAN fE6 1 2 2013 x Z SCALE: I" = W-0' Southold Town a of Trustees 111 W SITE DATA: DESCRIPTION: SQ. FT. AREA: LOT COVERAGE: EXCAVATE: FILL: SEQUENCE OF PROJECT: o PROPERTY: 202,190 SQ.FT. 4.64 ACRES 1 SITE CLEARING:CLEARANCE OF MINIMUM SITE WORK AS NEEDED.INSTALL BERMS,HAYBALES,SILT FENCING AS REQUIRED.RUNOFF o� PROTECTION TO BE MAINTAINED DURING LENGTH OF CONSTRUCTION.EXCAVATION MUST NOT BEGIN UNTIL THE LOCATIONS N PROPERTY WETLANDS: 64,632 SQ.FT. 1.48 ACRES OF UNDERGROUND WIRES,CABLES AND PIPES HAVE BEEN MARKED OR UNTIL VERIFICATION FROM UTILITY COMPANIES THAT THE [...I AREA IS CLEAR. CLEAR THE SITE AT LEAST 20-25 FEET(IF APPLICABLE)FROM THE PROJECT PERIMETER.DO NOT CLEAR OR EXCAVATE BUILDABLE PROPERTY: 137,558 SQ.FT. 3.16 ACRES LARGE AREAS TO FAR IN ADVANCE OF CONSTRUCTION;DISTURB VEGETATION ONLY AS NEEDED,THEN RESEED OR REPLANT AS SOON AS Q" PRACTICAL.LIMIT EQUIPMENT TRAFFIC IN AND OUT OF THE JOB SITE-DO NOT DRIVE OVER UNCLEARED AREAS.PROTECT UNCLEARED 1� AREAS WITH FENCING OR OTHER BARRIERS.PLACE BARRIERS AROUND THE DRIP-LINE OF TREES TO PREVENT INJURY TO THE ROOT ESTIMATED AREA OF 9,100 SQ.FT, SYSTEM. IF A PERMANENT DRIVE CAN NOT BE INSTALLED BEFORE CONSTRUCTION BEGINS,A TEMPOARY GRAVEL DRIVEWAY SHOULD BE U GROUND DISTURBANCE: INSTALLED WHERE VEHICLES ENTER THE 10B SITE. � I i 2 POLLUTION CONTROL:CONSTRUCTION DUMPSTER AND PORTALAV TO BE ON SITE AND MAINTAINED DURING LENGTH OF PROJECT. EXISTING HOUSE: 1,656 SQ.FT. 1.2% 3 SOIL CONTROL: EXCAVATED SOIL TO BE RETAINED ON SITE AS INDICATED ON SITE PLAN.RETAIN AS MUCH TOP SOIL AS POSSIBLE TO PRESERVE THE ENVIROMENTAL QUALITY OF THE PROJECT SITE.EXCESS FILL TO BE SHIPPED OFF SITE.CONTRACTOR AND EXCAVATOR EXISTING GARAGE: 751 SQ.FT, 0.5% SHALL INSPECT PROPERTY FOR EXISTING UTILITIES BEFORE EXCAVATION BEGINS.ANY DIGGING WITHIN 24 ICHES OF UTILITY MUST BE HAY BAY VI,// SILT FENCING DONE BY HAND.WHEN THE TOP SOIL IS PRESERVED,TILL THE SOIL FIRST,AND THEN REMOVE TO A SAFE LOCATION WITH A FRONT EXISTING PORCH/DECK: 189 SQ.FT, 0.1% END LOADER. PROTECT GRASS,TREES AND OTHER PLANTS WHENEVER POSSIBLE. EXCAVATION SHOULD BE AS LEVEL AS POSSIBLE. SET ELEVATION BENCH MARK PRIOR TO EXCAVATION.OVER DIG FOUNDATION HOLES TO GIVE PLENTY OF ROOM FOR A WELL-DRAINING BACK FILL AND TO PROVIDE ROOM FOR ALL WORK. LIMITS OF CLEARING TO BE EXISTING SHED: 100 SQ.Fr, 0.1% A).IF THE DEPTH OF EXCAVATION IS 6 FEET OR LESS,OVER DIG BY 3-4 FEET. NO MORE THAN 20' FROM B).IF THE EXCAVATION IS DEEPER THAN 7 FEET,THE SIDES MUST BE SLOPED OUTWARDS AT A 45 DEGREE ANGLE ABOVE 4 FEET OR - INSTALL SHORING. PROPOSED WORK AS HILLSIDE EXCAVATION:EXCAVATE THE HILL BACK TO AN ANGLE OF REPOSE-THE ANGLE AT WHICH THE SLOPE IS STABLE,USSUALLY 4 h( h CHAIN LINK FENCE 4'hl h CHAIN LINK FENCE o BACK TO A SLOPE OF 2:1 (VERIFY SOIL CONDITIONS). DRAWN: MH/MS v', 4 1. y (GATE) e INDICATED ON SITE PLAN PROPOSED TENNIS COURT: 7,200 SQ.Ff. 5.2% 550 CU.YD, 15 CU.YD. N ) EX.FENCE _ - A).AN UNSHORED VERTICLE CUT SHOULD NOT EXCEED 5 FEET ON A SLOPED SITE. SCALE: SEE PLAN JOB#: " TO DRYWELL TRENCH DRAIN ROAD 4 STORM WATER RUNOFF CONTROL:INSTALL DRYWELLS(AND SEPTIC IF NEEDED)DURING CONSTRUCTION.GUTTERS AND DOWN SPOUTS TRENCH DRAIM TO DRYWELL ` TENNIS COURT August 20,2012 WWIPROPOSED DRYWELLS: 45 CU.YD, 15 CU,YD. TO BE IMMEDIATLY INSTALLED AT TIME OF COMPLETION OF ROOF.ALL DOWNSPOUTS TO BE PIPED TO DRYWELLS AT THIS TIME. SHEET NUMBER: WATER 50'SETBACK UNDERGROUND HOOKUPS(ELECTRIC,WATER,GAS,ETC.)TO BE INSTALLED. WETLANDS 20'NDN TURF BUFFER 5 PROJECT COMPLETION:FINAL GRADE TO CONTROL RUNOFF DIRECTION TO STAY WITHIN SITE.PITCH GRADE ALONG PERIMETER TOTAL: 9896 SQ. FT. 7.7% 595 CU.YD. 30 CU.YD, (WHERE POSSIBLE)OF LAND DISTURBANCE AWAY FROM NEIGHBORING PROPERTIES AND ROADWAYS. INSTALL CATCH BASINS WITH DRYWELLS AS REQUIRED TO CONTROL RUNOFF THAT CANNOT STAY WITHIN DISTURBED AREA. y . ius {; ,4n.+-h n Y., t 3 )13�i3 fir•. � •� .:° �.� ir3TT. ♦.l �T S7 Avt - LLc e. so 46 OFF ' - '+� `a ., `Y�. - .- - �`'• aK'..w� �'• of• ♦� �!_ < . JP 4 �-t�s ''=Aii •+•.� +.ii1'Y� • _ r _ V l°gam ru BOARD MEMBERS �F S !/r Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road -P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing '�'+c0 �� 54375 Main Road(at Youngs Avenue) Ken Schneider �yCOUNTY .` Southold,NY 11971 http://southoldtown.northfork.net D E C V E ZONING BOARD OF APPEALS TOWN OF SOUTHOLD FES 1 2 2013 Tel.(631)765-1809-Fax(631)765-9064 of own FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 19,2012 ZBA FILE: 6577 NAME OF APPLICANT: 8925 Bay Ave LLC SCTM#1000-104-3-15 PROPERTY LOCATION: 8925 Skunk Lane(adj. to Little Creek),Cutchogue NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 19, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 19, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: This conforming water front parcel is located in the R-40 zone district and contains 202,165 sq. ft. (137,559 buildable). It is improved with a two story dwelling, accessory garage and shed. It has 375.00 feet of frontage on Skunk Lane, and is irregular in shape as shown on the site plan dated July 9, 2012 prepared by Mark Schwartz, AIA,Architect,PLLC. BASIS OF APPLICATION: Request for Variance from Article III Section 280-15(F)and the Building Inspector's May 15, 2012 Notice of Disapproval based on an application for building permit for accessory tennis court at: 1)In the case of waterfront properties accessory building may be located in the front yard, provided that such accessory meet the front yard principal setback requirements as set forth by this code... proposed location is other than the code required front or rear yard. RELIEF REQUESTED: The applicant requests a variance for a proposed tennis court located partially in the side yard where the code requires a rear yard location or in the case of waterfront properties accessory building may be located in the front yard, provided that such accessory meet the front yard principal setback requirements as set forth by this code. AMENDED APPLICATION: During the hearing, the applicant was asked if the tennis court could be moved farther from the adjacent property line. The agent for the applicant agreed to move the tennis court 35 feet from the Page 2 of 3—July 19,2012 ZBA File#6577—8925 Bay Ave LLC CTM. 1000-104-3-15 adjoining property line and to maintain a fence height of 4 feet by recessing the court in the ground. Additionally, the agent stated the court will be for private use and only during daylight hours. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 5,2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is well screened from the road with an existing large hedge of evergreens trees and shrubs making the tennis court nearly invisible,from road. The applicant has indicated on a survey that a similar hedge will be planted along the westerly property line to screen the court from the adjacent property. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the subject property is on the water leaving the only alterative, for placing an accessory structure, in the front yard. This would necessitate a much more severe variance then the one currently before the board. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, this location is the only reasonable location to place such a large accessory structure on the property. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has agreed to recess the court 2 feet into the ground and construct only a 4 foot high fence from grade. This will effectively give the appearance that the court is only 4 feet high while giving the players on the court a 6 foot barrier in which to contain the ball. The site plan also indicates several drywells to contain run off. The proposed location is the furthest point from existing wetlands and the applicant proposes a 20 foot wide non-turf buffer to protect the wetlands and creek. . .- 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the, limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a tennis court while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Weisman (Chairperson), and duly carried,to GRANT, the variance as applied for and shown on the site plan prepared by Mark K Schwartz AIA, Architect, PLLC and dated July 9, 2012. CONDITIONS. 1)No lighting. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 3 of 3—July 19,2012 ZBA FileN6577—8925 Bay Ave LLC CTM. 1000-104-3-15 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. a similar design that is de minimis in nature for an alteration that does not increase the degree of The Board reserves the right to substitute nonconformity Vote of the Board. Ayes Members Weisman(Chairperson), Goehringer,Dinizio,Schneider, Horning This Resolution was duly adopted(5-0) t Leslie Kanes eisman, Chairperson Approved for filing 7 )1/ /2012 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO.7634 DATE: AUGUST 24.2011 ISSUED TO: 8925 LLC PROPERTY ADDRESS: 8925 BAY AVE..CUTCHOGUE SCTM#104-3-15 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordan with the Resolution of the Board of Trustees adopted at the meeting held on August 24..2011 in consideration o m application fee in the suof$50000 Daid by 8925 LLC and subject to the Tera and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit for a 4'X 24'open-grate catwalk,seasonal 3'X 20' ramp and 6'X 20' floating dock,electric and water,and with the condition of a 30' non-turf buffer landward of the wetland boundary,and as depicted on the survey prepared by John T. Metzger dated February 22,2011 and stamped approved on September 21,2011 and do plans prepared by Peconic Permit Expediting last revised September 6,2011 and stamp approved on September 21,2011. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this.date. q,OFNit- - v r d , SURVEY OF PROPERTY N AT PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-104-03-15 SCALE 1'= ,50' FM22. 2011 LprT L r-AA(jL, 121.9 '78-10-iol b, A 30'-0" NON-TURF A 61IFFL-R rn d om rz.oar 7W.00,c W 0' MOlV-rVXF BUFFER d R r 310.00, W'Da m se 1 375,00' 7VI'20'W C Eo A VENU-F-----, 99EYTAOWMX,11c BAY I ED r' cow,U& Mm"ll C lzrl7TLE#4St#t4mrCoWAW OF SOUTHOLU 60, AREA = 201,270 SO* .FT, or 4.6205 ACRES (TO LINES) P.a:wix 4two s,,a7, T' 12M nmwuw spWEJ 11071 W-103 r j r Al r • ZA MI j �C.t t Ri+ n ry 6�° `1 { r y^�"`�i►� yl .:`i,�r �!/ ^�,^'. .,� � ,�. _. � �.� •1; t �. �.�1,�',�� �,�s �v:�,,o ' 'III ,I Ill �'� .. 15�lrA'��r/�„�(����I - b� 1 r P� e �+) rr 1 ti� �"TI ''.•�.. Q 11 .,`a 171,7 n�P/,p�� � x�4 % I¢vti' � 1+. rii LD -�.�i■MmEmpr ,'/ ftp �' V� �. �� +,�� t L +�yY ^ '� +mac _ �. _ '.-_ ��...; .. -. _ - rA) P top N1 BROAD WATERS COVE TOWN OF SOUTHOLO -0 9) ez KAYWATER COVE 9 7y NOME COUNTYOFSUFFOLK @ ..o PaW Property T=Service Agency E Y E D PI Cantrell, Elizabeth From: Mark K. Schwartz <mksarchitect@optonline.net> Sent: Thursday, May 02, 2013 11:02 AM To: Cantrell, Elizabeth Subject: Lomangino on hold please Hi Elizabeth,The Lomangino tennis court is on hold please (see below). Thanks, Mark From: Anthony Lomangino [mailto:alomangino@southernwastesystems.com] Sent: Thursday, April 18, 2013 9:03 PM To: mksarchitectCcboptonline.net Subject: Re: Trustees and visit Thank you. Sent from my Wad On Apr 18, 2013, at 8:48 PM, "mksarchitect@optonline.net" <mksarchitect@optonline.net>wrote: Ok Anthony, we will hold until I hear from you Sent front Illy android cle-�ice. -----Original Message----- From:Anthony Lomangino<alomangino@southernwastesystems.com> To: "Mark K. Schwartz" <mksarchitect@optonline.net> Sent:Thu, 18 Apr 2013 6:52 PM Subject: Re:Trustees and visit Hold,we are not going To do it for now. Sent from my Whone On Apr 18, 2013,at 8:16 AM, "Mark K. Schwartz"<mksarchitect@optonline.net>wrote: Hello Anthony, I understand the Trustees are all OK now—Great newsM I need to submit additional info to DEC for tennis court as well as update the survey. Mark i OFFICE LOCATION: ��OF SO(/jyO MAILING ADDRESS: Town Hall Annex ,`O l0 P .O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 1197.1 G Q Telephone: 631 765-1938 Fax: 631765-3136 COUNT`I LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM D E 2 C 2Lam, 0 V E , To: Jim King, President MAR 1 3 2013 D ! Town of Southold Board of Trustees Southold Town From: Mark Terry, Principal Planner Board ofru e s LWRP Coordinator Date: March 13, 2013 Re: Proposed Wetland Permit for 8925 BAY AVE., LLC c/o ANTHONY LOMANGINO SCTM#1000-104-3-15 Mark K. Schwartz, Architect on behalf of 8925 BAY AVE., LLC c/d ANTHONY LOMANGINO requests a Wetland Permit to construct a new tennis court at side yard of existing house; tennis court to be partially cut into ground 2 feet; tennis court to have wall and fence; drainage and drywells to be installed for tennis court. Located: 8925 Skunk Lane, Cutchogue. SCTM# 104-3-15 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. 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 Office Use Only D E C E 1Y/p// E _Coastal Erosion Permit Application Wetland Permit Application Administrative Permit FEB 2 2013_Amendment rrransfer/Extension �C Received Application: / 3 Received Fee:$o2 XCompleted Application a d I 125 _Incomplete _SEQRA Classification: Type I Type II Unlisted _Coordination:(date sent) LWRP Consistency Assessment Form ► 3 CAC Referral Sent: ► Date of Inspection: 13 _Receipt of CAC Re rt: _Lead Agency Determination: _Technical Review: _G Public Hearing Held: 3 U 1 Resolution: Name of Applicant 8925 Bay Ave, LLC (Anthony Lomangino) Address 8925 Skunk Lane. Cutchogue, NY Phone Number:( ) Sr; Z 6 Suffolk County Tax Map Number: 1000 - 0 ¢ - D 3 - Property Location: 0) Z S'K Q (,�'�� C (provide LILCO Pole #, distance to cross streets, and location) AGENT:Mark Schwartz,Architect (If applicable) Address:P.O. 933, Cutchogue, NY Phone:631-734-4185 X 'rd of Trustees Applicatic-1 GENERAL DATA Land Area(in square feet):gross: 202,190 sq.ft. (4.64 acres) Area Zoning:R40 Previous use of property:single family residence Intended use of property:single family residence Covenants and Restrictions: F] Yes __ _No If"Yes",please provide copy. Does this project require a variance from the Zoning Board of Appeals Yes =No If"Yes", please provide copy of decision. Will thi ject require=No olition as per Town Code or as determined by the Building Dept. Yes Does the structure (s)on property have a valid Certificate of Occupancy Yes JJNo Prior permits/approvals for site improvements: WA ency Date ZBA (� 577 07/2012 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or su d by vernmental agency? NoYes If yes,provide explanation: Project Description(use attachments if necessary): construct new tennis court at side yard of existing house. Tennis court to be partially cut into ground 2 feet. Tennis court to have retaining wall and fence. Drainage and drywells to be installed for tennis court. rd of Trustees Applicati< WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations:new tennis court, recessed in ground with fence and retaining wall, drainage and drywells for storm water runoff Area of wetlands on lot:64,632 square feet Percent coverage of lot:32 % Closest distance between nearest existing structure and upland edge of wetlands:90' feet Closest distance between nearest proposed structure and upland edge of wetlands:63' feet Does the project involve excavation or filling? NoYes If yes, how much material will be excavated?550 cubic yards How much material will be filled?15 cubic yards Depth of which material will be removed or deposited:2 feet Proposed slope throughout the area of operations:*1-5% Manner in which material will be removed or deposited: Excavated shall be used for final grade. Excess fill to be shipped off site. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations(use attachments if appropriate): The proposed work shall have a positive impact on the wetlands and tidal water through the installation of drywells to control water runoff, a pervious driveway for natural drainage and relocated septic system, further from the water. � t PROJECT ID NUMBER 817.20 i SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 2.PROJECT NAME Mark Schwartz 8026 Boy A%LIZ 3.PROJECT LOCATION: Municipality Cutchogue County Suffolk 4jRfi I,O�ATI�ON Street a nd Road Intersections. Prominent landmarks etc -or provide map S.IS PROPOSED ACTION t/ New Expanslon 0 Modification/atteration 8.DESCRIBE PROJECT BRIEFLY: New tennis court with retaining walls, fencing, drainage and drywells 7.AMOUNT OF LAND AFFECTED: IniUally7200 Sf acres Ultimately acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? E]Yes I✓ No If no,describe briefly: accessory structure in side yard 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) 7 Residential FlIndustrial ElCommerclal Zwculture ❑Park/Forest/Open Space 1:10ther (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) Yes ©No if yes, list agency name and permit / approval: 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes -1No If yes, list agency name and permit / approval: NS AULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? e6 014o, 1 CERTIFY THAT THE INFORM ON PROVIDED �ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name ` C Air� Z' Date: nature 0 Z1, If the actio s a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART 11 - IMPACT ASSESSMENT To be completed by Lead Agency). A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617'4? If yes,coordinate the review process and use the FULL EAF Yes a No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617:6? If No,a negative declaration may be superseded by another involved agency E] Yes 0 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly- C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly- 05. rieflyC5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly- C6 Longterm,short term,cumulative,or other effects not identified in C1-05? Explainbriefly. -------------- C -------C7-Other impacts i ding changes in use of either quantity or type of energy? Explain briefl *---- D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? if es,explain briefly- Yes Q No E. IS THERE,OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes ex lain: Yes 0 No PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination of significance mustevaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse Impacts which MAY occur.Then proceed directly to the FU EAF and/or prepare a positive declaration. Check this box if you have determined,based on the Information and analysis above and any supporting documentation,that the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Board of Trustees p Ingle 8 ;(-0/ Name of Lead Agency Date j f/ r m�f r` K)4)6,1 President p Print or Type Name of Responsible Officer,in -ead Agency Title of Responsible Officer Q0,:ej eez Signa re of Responsible Officer in Lead Ag' cY Signature of Preparer(If different from responsible officer) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: EAR o V 20 2013Town bard of Trustees STATE OF NEW YORK COUNTY OF SUFFOLK �� VIP61-1k, �, residing at ¢ �/ /�<i4/�✓ l Ccs M &V C, 'VC— , being duly sworn, deposes and says that on the day of /kA1Z C/�- , 2012, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment L 11 of the Town of Southold; that said Notices were mailed at the United States Post Office at M �Gy, , that said Notices were mailed to e h of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this Day of , 20 1 Notary Public CONNIE D.BUNCH Notary Public,State of New York No. o 01 BU6185050 Qualified in Suffolk County I Commission Expires April 14,2 b L� Lomangino 104-03-13 Rene LeCren Joel LeCren D E C 2 8 8525 Bay Avenue l� L5 Cutchogue,New York 11935 104-08-04 MAR 2 0 2013 Cutchogue-New Suffolk Park District outhold Town T P.O. Box 311 Cutchogue,New York 11935 104-03018.1 '• Skunk Lane LLC CERTIFIED MAILT. RECEIPT c/o Total Personal Services o 'omestic Mait • ce coverage Provided) 635 Stewart Avenue Suite 201 Garden City,New York 11530Q= U ru Postage $ �:>$1:12 � I 9 C3Return Fee �°'� -83.10 '� ch ReturnReceipt Fee ostm C3 (Endorsement Required) $2.55 Her:A N Z o .. cam' : Q Restricted Delivery Fee (. C3 (Endorsement Required) t $0.00Lrl C= fl�P.::.Total•Postage&Fees '$ $6.r] 01 ("3 Sent To --------------6C C- 2l.�Jrr�CC O Street,Apt.No.,----------------- f ' 7ia r%- or PO Box No. 3.s �2LJa�� ��L v• �� Ci State,Z ------ IP+4 ------ c✓-1Pel G i;Y ,-j-1 //T)-_ 69 Postal Postal CERTIFIEDCERTIFIED MAIL,. RECEIPT I RECEIPT co (Domestic Only; O '' on/Y;No Insuran Coverage provided) n dc ru Postage $ ru v ;x'$1.12.; 9 •; r� OFeem N� ..,. ,. Postage $ ;$1.12 - ,, i �iy .'Ls t O Certified .. $3.10 05 ysN. e :}' . .�_._.,. Certified Fee I Return Receipt Fee ,•., Postmark Ni 1 � $3.10 O (Endorsement Required) $2.55 --.Here a'I ', Retum Receipt Fee � postmark I J1 j �F `c 4 ..wr), OO. (Endorsement Required) $2.55 dere {' O Restricted Delivery Fee r QQ V r. x ! c r (Endorsement Required) ` $0.00 Q g ;. �✓ Restricted Delivery Fee 1: p (Endorsement Required) "' $0,00 y Rl, Total Postage&Fees y; $�1. 0 ax Ln %.77. . ;. ILnSent To C3 -J3Sent To ;. N $treat, t.No.; --• - CI or PO Box No. C, �/� -------- -'9. N S iii ��Z y O Street.Apt.No s .V`............... .... or PO Box CIN.State.ZIFsM / s / ✓.J...._G. .J..._- --------------- C�1 K /+ �' /� / ��/3,� Ciry,State,ZIP+4 CI7 j'._.. h 4�o rd x lame." I hinu. PI-Csidont Q x Town Hall. 53095 Main Rd 13oh Ghosio Jr . VICC-President `� tiyj ,z }� P 0 13ox 1 179 Dave 13er en 4; E® 'srY Southold.NY 1 1971 John 13redemeyer � ��. Telephone(63 1)765-1392 Michael.1 Domino O� �`a Fax(63 1)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of MAR 2 0 2013 8925 BAY AVE., LLC c/o ANTHONY LOMANGINO Southold Town COUNTY OF SUFFOLK) r f ru STATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DAYS residing at /dba Cy�G fid Cv�' being duly sworn, depose and say: That on the V day of A'94 Ch' , 2013 I personally posted the property known as "?,4tA.1citi e &4 97.' XX L,^,-C by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday, March 20, 2013. Dated: (signature) Sworn to before me this aD4N day of V Arc.1,20 13 Notary Public CONNIE D. BUNCH Notary Public;State of New York No.01 BU6185050 Qualified in Suffolk County Commission Expires April 14,2 0 Jb NOTICE OF HEARINGI NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. $9a� OWNER(S) OF RECORD.: C/o -fan o�n • y SUBJECT OF PUBLIC HEARING: To construct a new tennis court at side yard of existing house; tennis courtto be partially cut into ground 2 feet; tennis court to have wall and fence; drainage and drywells to be installed for tennis court. ,TIME & DATE OF PUBLIC HEARING: w6driesdayon, ^r 20,0 2C) 3 If you have an interest in- this project, you are invited to view the Town file(s) which are available for insrection rior to the day of the hearing during normal business days between the ours o 8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765- 1892 Boas" of Trustees Application County of Suffolk State of New York L BEING DULY SWORN DEP69VS AND AF IRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH."IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S)OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Si re SWORN TO BEFORE ME THIS_ DAY OF 2043 L-CJ�iI Notary Public VICKI TOTH Notary Public State of New York No.01r*190696 Qualified in Suffolk County Ammk'tinn fxoires July 28.2 C lyd of Trustees Applicatii AUTHORIZATION (where the applicant is not the owner) I, Anthony Lomangino residing at 11743 Bella Donna Court, (print owner of property) (mailing address) Palm Beach Gardens, FI do hereby authorize (Agent) Mark Schwartz,Architect to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's si ature) J APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Tgwn of Southold's Code of Ethics prohibits conflicts of interest on the=of to n officers and employees.The mmse of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Anthony Lomangino (Last name,first name,ipiddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the.other person's or company's nark.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) _ Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO W. If-You answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent;or child is(check all that apply): LJA)the owner of greater than S%of the shares of the corporate stock of the applicant Li (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the qapplicant is not a corporation); c� C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted thi t' ofN 200 Signature Print Name d Form TS I d� kTown of Southold it Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPEIM LOCATION: B.C.rbLS: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A 1000 104 3 15 STORM-WATER,GRADING,DRAINAGE AND EROSION CONTROL PLAN C m an eco - Tat CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK SCOPE OF WORK - PROPOSED CONSTRUCTION ITEM# / WORK ASSESSMENT Yes No a. What is the Total Area of the Project Parcels? I Will this Project Retain Ad Storm-Water Run-0ff (Include Total Area of all Parcels located within 202,190 sf Generated by a Two the Scope of Work for Proposed Construction) (2'7 Inch Rainfall on Site? — (s.F/Aoaa) (This Item will include all run-off created by site a b. What is the Total Area of Land Clearing clearing and/or construction activities as well as aA and/or Ground Disturbance for the proposedg 100 Sq.ft. Site Improvements and the permanent creation of construction activity? impervious surfaces.) (S.F.r Acres) PROVIDE BRIEF PROJECT DESCREMON i wAft Awdaid Pages a Na.atel 2 Does the Site Plan and sating Size 8 Location?This or Survey Show All Proposed V/ Drainage Structures Indic — Item shall include all Proposed Grade Changes and new tennis court with retaining walls,fencing, and Slopes Controlling Surface Water Flow. 3 Does the Site Plan and/or Survey describe tate erosion drainage to drywells and sediment control practices that will be used to V control site erosion and storm water discharges. This Item must be maintained throughout fire Entire Construction Period. 4 Will this Project Require any Land Filling,Grading or Excavation where there is a change to the Natural Existing Grade Involving more than 200 Cubic Yards of Material within any Parcel? 5 Wal this Application Require Land Disturbing Activities Encompassing an Area in Excess of Five Thousand a (5.000 S.F.)Square Feet of Ground Surface? 6 Is there a Natural Water Course Running through the / Site? Is this Project within the Trustees jurisdiction a `✓ General DEC SWPPP Reaulre or within One Hundred(100')feet of a Wetland or Submission of a SWPPP Is required for as Construction activities involving sail Beach? disturbances of one(1)or more acres; Including disturbances of less flan one acre that Will there be Site are part of a larger common plan that will ultimately dlsfurb one or note acres of land; 7 preparation(15)f On Exerting Grade Slopes Construction activities Involving soil disturbances of less than one(1)acre where which Fifteen(15)feet of Vertical Rise t0 ❑ _ the DEC has determined that a SPDES permit Is required for storm water discharges. One Hundred(100')of Horizontal Distance? (SWPPP's Shalt meet the Mlnlmwn Requirements of the SPOES General pemdt 8 WIIi Driveways,Parldng Areas or other impervious for Storm Water Discharges tiwn Construction activity-Permit No.GP-0-10-001.) Surfaces be Sloped to Direct Storm-Wates Run-Off / 1.The SWPPP shall be prepared prior to the submittal of the N01.The NOI Won be into and/or in the direction of a Town right-of-wayt submltied to fire Department prior to the coreneneemerd of construction activity. 2 The SWPPP shall describe the erosion and sediment control practices and where 9 Will this Project Require the Placement of Material, required,post-construction storm water mertagernem practices that vial be used endlor Removal of Vegetation and/or the Construction of any constructed to reduce the pollutants In storm water discharges and to assure Item Within the Town Right-of-Way or Road Shotdder compliance with the terms and conditions of this pen nlL in addition,the SWPPP shall Area?(This Itan will NOT Inducts aro bmstotiatlon of D — — Identify potential sources of pollution which may reasonably be m pected to effect the 'h1°"'d ) Quality of storm water discharges. NONE: 0 Any Answer to Questions One through Nine to Answered with a Cho*Mark 3.All SWPPPs that require the post-construction storm water management practice in a Box and fire construction site disturbance is between 5,000 S.F.81 Acre in was, component shag be prepared by a qualified Design Professional Licensed In New York a Storm-Water,G redhi%Drainage d Erosion Control Plan is Required by the Town of that is knowledgeable In the principles and practices of Storm Water Management. Southold and Must be Submitted for Review Prior to Issuance of Any Building Permit. (NoiE: A Chad Mark(4)and/or Answer for each Question Is Rawkw for a Cor oft Apptkarton) STA-17E OF NEW YORK, c' / COUNTY OF.....J..Sl ....SS L#k/htr"ing duly sworn,deposes and says that he/she is the applicant for Plami (Name of Individual slgrubmp Docurrmerd) �p t, Andthat he/she is the .......................................... Lz ...(OwrorAeerrt,�oipinkt".,""q"ee�j.............................................................. Owner and/or representative of the Owner or Owners,and is duly authorized to perform or have performed the said work and to make and file this application,that all statements contained in this application are true to the best of his knowledge and belief,and that the work will be performed in the manner set forth in the application filed herewith. Sworn to before me thus- .......................I.. ................day ..........••••••.•••_••...:..VlCKi.TrflTj�20....'3 — '% Glary Public Stag of New York Notary Public: .........t..�'. .......... ..... . ....ryNo.41•�0618a696... ......... in=1 4,291 . cslg or Avg) FORM - 06110 — I Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront 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 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). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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# 104 _3 _15 The Application has been submitted to(check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑✓ 1. 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: new tennis court with retaining walls and fencing,drainage to drywells r� J Location of action:8925 Skunk Lane, Cutchogue Site acreage:4.64 acre(gross) Present land use:single family residential Present zoning classification: R40 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:8925 Bay Ave, LLC (Anthony Lomangino) (b) Mailing address: 11743 Bella Donna Ct., Palm Beach Gardens, Florida (c) Telephone number: Area Code( ) (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? 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- please explain) This project entails relocating, additions and alterations to the existing single family home in a heavily developed neighborhood. Policy 1 is not applicable to the project. 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—please explain) The subject property does not contain nor does the project affect historic or archeological resources; nor is the project located in a historic maritime area. Policy 2 is not applicable to the project. 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—please explain) To the extent that this policy is applicable to the proposed project, visual quality and scenic resources will be protected at the site through the protection and maintenace of the well vegetated area buffering the developed portion of the site from the tidal wetlands of Little Creek. 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—please explain) The project does not address nor affect erosion control structures or other erosion/flooding control initiatives. Policy 4 is not applicable to the project. 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—please explain) The proposed project is consistent with Policy 5 via (2)three major project componenets; 1 -installation of a drainage system of drywells to control, manage and recharge stormwater runoff; and 2-retention of the existing vegetation on the northrly portion of the site to be protected from site disturbance during construction by a project-limiting fence and stak haybales. 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. ❑✓ Yes ❑No❑ (Not Applicable—please explain) This project will be consistent with Policy 6 for the same reasons described for Policy 5; because there will be no loss of wetlands and because the statutory and regulatory requirements of both the Southold Town Trustees and the New York State Department of Conservation will be complied with. 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. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑No❑✓ (Not Applicable—please explain) The project will neither affect nor have an impact on air quality in the Town of Southold, Policy 7 is not applicable to the project. 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—please explain) The project will neither create nor rrequire the handling of solid waste or hazardous substances. Policy 8 is not applicable 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 III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Ye❑ No❑✓ (Not Applicable—please explain) The project is limited to the upland portion of the property, public access and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project. Policy 9 is not applicable to 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 III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No ✓❑ (Not Applicable—please explain) The project neither proposes nor affects water-dependent uses. Policy 10 is not applicable to the project. 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 III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No❑ Not Applicable—please explain The project neither proposes nor affects commercial or recreational fisheries or other uses associated with the living marine resources of Long Island Sound. Policy 11 is not applicable to the project. 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 0 Not Applicable—please explain The project site is neither situated on nor adjacent to agricultural lands. Policy 12 is not applicable to the project. 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—please explain The project affects neither the use nor development of energy and mineral resources. Policy 13 is not applicable to the project.