HomeMy WebLinkAbout1000-98.-5-18 OFFICE LOCATION: �O��of S®(/�yOlo MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.) v�
Southold,NY 11971 ® �p Telephone: 631 765-1938
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LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Michael Domino, President
Town of Southold Board of Trustees
From: Mark Terry, LWRP Coordinator
Date: August 14, 2017
Re: Local Waterfront Revitalization Program Coastal Consistency Review for JAMES & LINDA
GEMMILL
SCTM# 1000-98-5-18
En-Consultants on behalf of JAMES & LINDA GEMMILL request a Wetland Permit to remove
existing wood deck and covered porch from south/waterside of existing single-family, one-story
dwelling; remove brick walks on west side of dwelling, and construct a 1,005sq.ft. one-story
addition, 704sq.ft. of covered porches over masonry patios with steps, and new cellar entrance;
install a drainage system consisting of gutters, leaders and drywells to the entire dwelling;
remove existing 16'x20' wood deck from top of bank and construct a 10'x16' on-grade masonry
patio landward of top of bank; replace existing embankment stairway and landings with new
stairway consisting of a 4'x14' landing, 4'x6' steps, 4'x4' middle landing, and 4'x11' steps to an
11'x20' section of existing deck, and 8'x12' shed behind bulkhead to remain; remove 11'x16'
section of existing deck behind bulkhead; replace and relocate existing 4'x6' steps to beach;
establish and perpetually maintain a 10' wide non-turf buffer landward of top of bank; and to
remove and replace existing sanitary system located beyond Trustee jurisdiction. Located:
6004 Indian Neck Road, Peconic. SCTM# 1000-98-5-18
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 LWRP policies and therefore CONSISTENT
with the LWRP.
The existing as built 11' x 19.7 section of deck to remain is recommended as
INCONSISTENT with the below listed policies:
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem
6.3 Protect and restore tidal and freshwater wetlands.
A. Comply with statutory and regulatory requirements of the Southold Town Board of
Trustees laws and regulations for all Andros Patent and other lands under their
jurisdiction
1. Comply with Trustee regulations and recommendations as set forth in
Trustee permit conditions
The as-built deck and shed structures were constructed without a Wetlands
Permit. The 11' x 16' on-grade platform/deck does not comply with the following
Town Code section:
§275-11. Construction and operation standards.
(6) Platforms
I [Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No. 12-2012]
(a) Platforms associated with stairs may not be larger than 100 square feet.
[Amended 1-29-2013 by L.L. No. 1-2013]
(b) Platforms may not exceed 200 square feet and must be landward of the top
of bluff.
The platform associated with stairs with as built shed is located seaward of
the top of bank equals 216.7 square feet and does not comply with above
regulations.
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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).
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, fall local
libraries and the Town Clerk's office. D E
B. DESCRIPTION OF SITE AND PROPOSED ACTION AUG 0 a 2017
SCTM# 98 - 5 _ 18
Southold Town
PROJECT NAME James&Linda Gemmill Planning Board
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 ❑
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:
Remove existing wood deck and covered porch from south/waterside of existing single-family,one-story dwelling located partially
within Chapter 275 jurisdiction,remove brick walks on west side of house,and construct 1,005 sf one-story addition,704 sf of covered
porches over masonry patios with steps,and new cellar entrance;install drainage system consisting of leaders,gutters,and drywells;
remove existing 16'x 20'wood deck from top of bank and construct 10'x 16'on-grade masonry patio landward of top of bank;replace
existing embankment stairway and landings with new stairway consisting of 4'x 14'landing,4'x 6'steps,4'x 4'landing,and 4'x 11'
steps to 11'x 20'section of existing deck and 8'x 12'shed behind bulkhead to remain;remove 11'x 16'section of existing deck behind
bulkhead;replace and relocate existing 4'x 6'steps to beach;and establish 10'wide non-turf buffer landward of top of bank,all as
depicted on the site plan prepared by Peconic Surveyors,P.C.,last date June 29,2017. An existing sanitary system located more than
100'from the top of bank will be removed and replaced with an upgraded sanitary system located more than 100'from the top of bank
and thus beyond Chapter 275 jurisdiction.
Location of action: 6004 Indian Neck Lane,Peconic
Site acreage: 44,745 sf
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: James&Linda Gemmill
(b) Mailing address: 35 Hartman Hill Road
Huntington,NY 11743
(c) Telephone number: Area Code 631-367-9760
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ® No ❑ If yes, which state or federal agency?NYSDEC,SCDHS
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
®Yes ❑ No ❑ Not Applicable
The proposed project is consistent with Policy 3 to the extent that the proposed dwelling additions/renovations will not encroach on the
existing minimum separation distances between the existing dwelling and Little Peconic Bay;and the large, 16'x 20'deck overhanging
the top of the bank will be removed in favor of a smaller on-grade patio located landward of a 10'wide non-turf buffer to be established
along the top of the bank,thereby enhancing and protecting the scenic resources associated with the waterside of this developed
shoreline property.
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
To the extent that Policy 4 is applicable to the project,the project is consistent due to the proposed removal of the large, 16'x 20'deck
overhanging the top of the bank;the substantial reduction in the size of the existing deck located behind the bulkhead through the
removal of the 11'x 16'section located adjacent to the property line;and the establishment of a 10'wide buffer along the top of the
bank,which will help to capture and absorb surface water runoff before it reaches the bank,thus helping to mitigate erosion.
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
See attached narrative jointly addressing Policy 5 and Policy 6.
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
LWRP ADDENDUM FOR
JAMES &LINDA GEMMILL
6004 INDIAN NECK LANE
PECONIC,NY
SCTM#1000-98-5-18
LWRP Policy 5 & Policy 6:
The proposed project will be consistent with Policies 5 and 6 due to the project design and
incorporated mitigation measures designed to a) protect and enhance water quality and supply
(groundwater and surface waters); and b)protect and restore the quality and function of the
surrounding ecosystem. Although situated less than 100 feet from the beach and bank and thus
located partially within Chapter 275 jurisdiction, the existing dwelling and proposed
additions/renovations are located more than 100 feet from the wetlands boundary, i.e., the high
water line of Little Peconic Bay. And there will be no reduction of the existing wetland
setbacks, as the proposed waterside porches are proposed no closer to the bay than the existing
waterside porch and deck to be removed; and the dwelling addition would remain in line with the
seaward limit of the existing dwelling. The adjacent embankment, which is stable, well
vegetated, and protected at its toe by a permitted bulkhead(see Wetlands Permit No. 7593), will
be further enhanced by the establishment of a 10' wide buffer along the top of the bank, which
will help to capture and absorb surface water runoff before it reaches the bank, thus helping to
mitigate erosion and serving as a sink for potential contaminants (e.g., lawn fertilizers and
pesticides)before they reach the surface waters of the bay. Also proposed is the removal of the
16' x 20' deck overhanging the top of the bank, which is to be replaced with a smaller on-grade
patio landward of the proposed buffer, and the substantial reduction in the size of the existing
deck located behind the bulkhead through the removal of the 11' x 16' section located adjacent
to the property line. Site drainage will be improved through installation of a drainage system of
leaders, gutters, and drywells to collect and recharge roof runoff; and on-site septic treatment
will be improved through installation of an upgraded sanitary system located outside Chapter
275 jurisdiction. Finally, a project limiting siltation fence would be set in place to control and
contain site disturbance during construction.
See attached narrative jointly addressing Policy 5 and 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 1:1No ® 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. 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 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
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 TITLE Coastal Mgmt. specialist DATE 7/12/17
Robert E.
Amended on 811105
JAMES AND LINDA GEMMILL, 6004 INDIAN NECK ROAD,PECONIC
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Figure]. Aerial image of subject property and surrounding developed shoreline community on May 11,2016.
Photo by Google Earth.
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Figure 2. Looking east at existing dwelling and location of proposed one-story addition on west side of dwelling(left);
and at top of bank and existing deck to be removed and replaced with on grade patio(right).
JAMES AND LINDA GEMMILL,6004 INDIAN NECK ROAD, PECONIC
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Figure 3. Looking north at waterside of existing dwelling to be expanded and renovated
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Figure 4. Looking south from location of proposed addition on west side of existing dwelling toward top of bank and Little Peconic Bay.
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figure 6. Looking north from beach at existing embankment stairs and landings to be removed and replaced,at deck adjacent to bulkhead tc
be reduced in size via removal of 11 1'x 16'section adjacent to easterly property line;and at beach steps to be replaced and relocated.
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SURVEY OF PROPERTY
APPROVED BY A T PECONIC
' BOARD OF TRUSTEES — �. 'c� TOWN OF SO UTHOLD
TOWN OF SOUTHOLD � E C E I V
SUFFOLK COUNTY, N. Y.
DATE t sT (�c Zrst7 JUL 1 4 2017 1000-98-05-18
SCALE: 1'=30'
Southold Town
t JUNE 11, 2010
NOVEMBER 30, 2015
APRIL 4, 2016
12-19-22016016
YAGG- NOVEMBER 16, 2016 (REVISIONS)
DECEMBER 19, 2016 (PROP. ADDI TION)
DECEMBER 28, 2016 (REVISION)
AD FEBRUARY 21, 2017 (REVISION)
APRIL 6 2017 REVISIONCFo
APRIL 19, 2017 (FINAL REVISIONS)
E APRIL 25, 2017 (FINAL REVISIONS)
WAR cMF MA Y 12, 2017 (REVISIONS)
pUBu�
A JUNE 29, 2017 (REVISIONS)
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LOT COVERAGE
J8,832 BUILDABLE LAND
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HOUSE = 2,457 sq.ft
PORCH & DECK (TO BE REMOVED) = 365 sq.ft \ kEj�i
GARAGE = 588 sq.ft
POR77ON OF DECK NORTH OF o \S�5'E
100 s .ft / \�'i �p Amin SS �Lo' 2 2", 9 \ \
TOP OF BANK q / �� m,�: �G`' \$' Z
3510 sq.ft.
3510/38,832 = 9q ��NGI BOE SGP°oNS N2 6 S► �xsj1c\\ -���o
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AFTER IMPROVEMENTS \\GS M NS� R °� �c p P a
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EXISTNG HOUSE = 2457 s 'ft \
yoPROPOSED ADDI TIONS = 1005 sq.ft. V,-,p
PROPOSED COVERED PORCHES 704 sq.ft
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GARAGE = 588 sq.ft
4,754 sq.ft. f \ ,5$ °, as \ ,�z PGR GNB° GGA
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4754/38,832 = 12.2 90 G�g� 20• \ 90
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PROPOSED SEPTIC SYSTEM \RCID oGOS�P
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(5 BEDROOMS) _ \ P�oP �Q P P off' �to�Sg�"�o� �P�5 0°°-v°N \
IL1, TIC TANK 500 GALLON PRECAST SEP \ PROPGRPOG "x�k /
[1J i PROS
[1] 8 FT. D/A.x 13 FT. DEEP PRECAST CONCRETE LEACHING RINGS sGP / NG
\\_ G�vM\G\NG /Y7 O`'`�° ���/ tp�Et`' r:�k �o. 400
BACKFILL WITH 3 SAND (SW) COLLAR, 3 ABOVE GROUND WATER sG°P%0 oN& ' f\� o P�oP °�� ,+6 c,-\ Gs r- �5a o9G x6 \S�G
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RAIN RUNOFF CONTAINMENT
HOUSE & ADD177ONS WITH PORCHES, INCLUDING ROOF OVERHANGS = 4,785 SQ. FTI� o�G�J� GGA p�
4785 x 0.17 x 1 = 813 CU.FT. 813/42.2 = 19.3 VF , of o �� tiG� �° c0_11 S
PROVIDE (3) DRYWELLS 80 x 8' DEEP OR EQUAL °�GJ�G°°�o� P�S�NGI ofCop
01
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00 teet
TEST HOLE DA TA
MCDONALD GEOSCIENCE
08/21/15
EL.23.6'
DARK BROWN SANDY LOAM OL V
_ _ _ _ 0.5' CERTIFIED TO
BROWN SILTY SAND SM JAMES N. GEMMILLFIDELITY NATIONAL TITLE
— —
4# INSURANCE COMPANY
PALE BROWN FINE TO MEDIUN SAND SP
17'
NOTE. NO WATER ENCOUNTERED
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FLOOD ZONE FROM FIRM # J610JC0164H r` IW, f�
ELEVATIONS AND CONTOURL/NES ARE REFERENCED TO NA 1/D 88
■ = MONUMENT
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ANY AL 7ERA TION OR ADDITION TO THIS SURVEY /S A VIOLA T10N N.
OF SECTION 72090F 7HE NEW YORK STATE EDUCATION LAW.
PECO f �-'2_2
/ X S, P.C.
EXCEPT AS PER SECTION 7209—SUBD/VIS/ON 2. ALL CER7IF/CA PONS AREA - 441745 S Ft. ( ) i7
HEREON ARE VALID FOR 7HIS MAP AND COPIES THEREOF ONLY /F a' 631 76 FAX (631) 765-1797
SAID MAP OR COPIES BEAR 7HE IMPRESSED SEAL OF THE SURVEYOR or 1.027 Acres (to Tie Line) P.O. BOX 909
WHOSE SIGNA7URE APPEARS HEREON. 2JOLD TRAVELER STREET q O_151
, MY 11971 1
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