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HomeMy WebLinkAbout1000-87.-1-3.3 „ LING ADDRESS: OFFICE LOCATION: MAILING” "�� Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Glenn Goldsmith, President Town of Southold Board of Trustees Cc: Honorable Lori Hulse, Attorney From: Heather Lanza, AICP, Planning Director LWRP Coordinator Date: July 13, 2026 Re: LWRP Coastal Consistency Review Patricia Bogen Revocable Trust, SCTM #1000-87.-1-3.3 This application is to demolish and remove existing two-story dwelling with waterside deck and covered porch, accessory garage, shed and brick oven; existing 18'x36' swimming pool and 722 sq. ft. brick pool patio to remain; construct a new 1,353 sq. ft. two-story, single-family dwelling with attached garage and a covered porch; a 379 sq. ft. free-standing (structurally independent) waterside deck with steps; a 322 sq. ft. grade- level permeable patio; install a permeable gravel walkway in place of existing brick walk; replace existing septic system with an 1/A OWTS sanitary system landward of dwelling; install a stormwater drainage system including a pool drywell; and to establish and perpetually maintain a 15' wide vegetated non-tun` buffer area along the landward edge of the wetland boundary. 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 policies of the LWRP as follows: Policy 5. Protect and improve water quality and supply in the Town of Southold. 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. C. Ensure effective treatment of sanitary sewage and industrial discharges by: 3. modifying existing sewage treatment facilities to provide improved nitrogen removal capacity 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 The proposed installation of an Innovative/Alternative Onsite Wastewater Treatment System (I/A OWTS) is consistent with Policy 5.1.C.3 which calls for the modification of existing sewage treatment facilities that improves nitrogen capacity removal and will reduce nutrient input to adjacent waters. The proposed action is consistent with Policy 6.3A because the proposed structure pushes the building footprint landward and complies with wetland setbacks for a residence, 100 ft, and septic tank, 75ft in Town Code Chapter §275-3(D)(1)(a). 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. 2 G3CEc�,EEEWC D Town of Southold ��� �, q,:�, LWRP CONSISTENCY ASSESSMENT FORM SOUTHOLD TOWN A. INSTRUCTIONS !Unj LR 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 eg lained in detail listing both supporting and non- suRporting 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# 87 - 1 _ 3.3 PROJECT NAME Patricia Bo en Revocable Trust The Application has been submitted to (check appropriate response): Town Board [-� Planning Board 0 Building Dept. F1 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: Demolish and remove existin 2-story dwelling with waterside deck and covered porch,accessory garage,shed,and brick oven(18'x 36'swimming pool and 722 sf brick pool patio are to remain);construct a new 1,353 A,2-story,single-family dwelling with attached garage,and a covered porch and free-standing(structurally independent)waterside deck with steps;install grade-level permeablepatio; install permeable,gravel walkway in place of existing brick walk;re lace existing septic system located less than 100 feet from wetlands with new I/A OWTS sanitary system located more than 100 feet from wetlands;install stormwater drainage system(including pool drywell for existing swimming pool);and establish and perpetually maintain a 15-ft wide vegetated non-turf buffer adjacent to wetland boundary,all as depicted on the survey/site plan prepared by Kenneth M.Woychuk Land Surveying,PLLC,last dated May 15,2026. Location of action: 375 Old Wood Path,Southold Site acreage: 19,663 sf Present land use: Residential,sin le family dwelling with accessory garage and swimmin o01 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: Patricia Bogen Revocable Trust (b) Mailing address: 16 West 16th Street,#7TN New York,NY 10011 (c) Telephone number: Area Code 516-353-3233 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No F1 If yes, which state or federal agency? NYSDEC 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. F]Yes FINo xNot Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LVWRP Section III -Policies Pages 3 through 6 for evaluation criteria Yes F] No N' 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 F]Yes No M Not Applicable 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 M Yes E] No 1:1 Not Applicable See attached addendum. 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 M Yes 1:1 No F] Not Applicable See attached addendum. 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 F] No 1-1 Not Applicable See attached addendum. 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. E]Yes n No ® Not Applicable d 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. E] Yes 1:1 No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES LWRP CONSISTENCY ASSESSMENT FORM ADDENDUM FOR PATRICIA BOGEN REVOCABLE TRUST 375 OLD WOOD PATH,SOUTHOLD,NY SCTM#1000-87-1-3.3 Consistent with the standards for issuance of a Town wetlands permit set forth by Town Code Section 275-12, the proposed replacement of the existing dwelling and accessory garage with a new dwelling and attached garage would not adversely affect Town wetlands but should in fact have a net beneficial impact on the environmental condition of the property and adjacent tidal wetlands. Specifically, as a result of the below described design elements and incorporated mitigation measures, the project would result in increased flood and erosion protection for the dwelling and related structures;increased separation distance between the dwelling structures and wetland boundary;potentially reduced runoff and improved runoff quality; and improved groundwater and surface water quality,thereby consistent with, and furthering the LWRP Policy 4 goal of minimizing loss due to flooding and erosion, and the LWRP Policy 5 and 6 goals of protecting and improving water quality, and protecting and restoring the quality and function of Town of Southold ecosystems,respectively. A) Project Design(Shoreline Retreat) 1) The proposed dwelling and accessory garage will be removed and replaced with a new, landward- repositioned dwelling and attached garage. Specifically, the portion of the existing dwelling situated closest to wetlands, the waterside deck, is located 69 feet from the wetland boundary, and the portion of the proposed dwelling structure situated nearest the wetlands,the waterside deck, is located 77 feet from the wetland boundary,thereby increasing the dwelling's compliance with the Town of Southold's required wetland setbacks and bringing it into compliance with New York State's required wetland setback. 2) The existing dwelling to be removed is positioned seaward of the"pier line"established by the neighboring dwellings to the west and east, and as a result of its landward relocation, the new dwelling would be situated landward of the pier line,thereby bringing the dwelling structure into compliance with Town Code Section 275-11(A)(3). 3) The existing dwelling is also located within a FEMA-designated "shaded" Zone X flood zone, which pursuant to the recently adopted changes to New York State's Residential Code requires a minimum flood protection elevation 42 inches above the FEMA-mandated base flood elevation of the adjacent flood zone. The new dwelling has thus been relocated also to keep it outside the shaded Zone X, with the waterside deck, which is located partially within the shaded X zone, constructed as a free-standing, structurally independent structure. 4) The proposed dwelling is also compliant with all Town zoning requirements, including lot line setbacks, lot coverage,gross floor area(GFA), and sky plane restrictions. B) Mitigation Measures 1) The existing conventional, nonconforming septic system located less than 100 feet from the wetlands boundary would be replaced with a low-nitrogen, innovative/alternative sanitary system (I/A OWTS) located more than 100 feet from both wetlands. Unlike conventional septic systems, I/A OWTS sanitary systems are designed to significantly reduce nitrogen loading into the groundwater table. 2) A stormwater drainage system consisting of leaders, gutters, and drywells is proposed to collect and recharge roof runoff and backwash from the existing swimming pool to remain. 3) A 15-ft wide, vegetated non-turf buffer area is proposed to be established and perpetually maintained in place of existing maintained lawn area adjacent to the wetland boundary, reducing existing, potentially treated lawn areas,increasing setbacks from treated lawn areas to the wetlands,and creating a natural sink and filter for excess nutrients potentially contained in runoff before it can reach the wetlands and adjacent surface waters. 4) A project limiting fence would be installed to contain site disturbance and potential surface runoff during construction. Polic 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 Sfor evaluation criteria. Yes F] No X 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. F]Yes 1:1 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. M Yes F1 No X 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 F] No ® Not Applicable PREPARED BY TITLECoastal Management specialist DATE:lame 4,2026 l ,o ri 19. Amended on 811105 Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCATION: S.C.T.M.#: THE FOLLOWING ACTIONS MAY RE PIRE THE SUIIMISSION OFw 1000 87 1 3.3 STORM-WATER,GRADING,DRAINAGE AMP EROSION CONTROL PLAN DNERT Section Block Lot cERT1F1 EI?#y A,DI SIGN RR 1 E a r1O'NAL LT1T S AXCitiQ I F QJR SCOPE OF WORK - PROPOSED CONSTRUCTION ITEM#/WORK ASSESSMENT _ o a.What is the Total Area of the Project Parcels? 1 Will this Project Retain All Storm-Water Run-Off (include Total Area of all Parcels located within 19,663 sf Generated by a Two(2")Inch Rainfall on Site? the Scope of work for Proposed Construction) (S.F J Acres)) (This item will include all run-off created by site b,What is the Total Area of Land Clearing clearing and/or construction activities as well as all X El and/or Ground Disturbance for the proposed Site improvements and the permanent creation of �' P� +/-7 980 sf P construction activity? (S.F./Acres) impervious surfaces.) Does the Site Plan and/or Survey Show All Proposed X PROVIDE BRIEF PROJECT DESCRIPTION(Provide Additional Pages as Needed)) Drainage structures Indicating Size&Location?This item shall include all proposed Grade Changes and Demolish and remove existing 2-story dwelling with waterside deck and covered Slopes Controlling Surface Water Flow, porch,accessory garage,shed,and brick oven(1 S'x 36'swarming pool and 722 3 Does the Site Platt and/err Survey describe the erosion sf brick pool patio are to remain);construct a new 1,353 sf,2-story,single4amlly and sediment control practices that will be used to I& F1 dwelling with attached garage,and a covered porch and free-standing control site erosion and storm water discharger.This (structurally independent)waterside deck with steps;install grade-level Item must be maintained throughout the Entire (• y e P" ) P - Construction Period. permeable patio;install permeable gravel walkway in place of existing brick walk,replace existing septic system located less than 100 feet from wetlands 4 WiII this Project Require any Land Fillip Gradin�or ❑ Excavation where.(here is a change to t e Natur with new I/A OWTS sanitary system located more than 100 feet from wetlands; Existing Grade involving more than 200 Cubic Yards install stormwater drainage system(including pool drywell for existing of Material within any Parcel? swimming pool);and establish and perpetually maintain a 15-ft wide vegetated ]Will this Application Require I.ancl Disturbing Activities non-turf`buffer adjacent to wetland boundary„all as depicted on the survey/site Encompassing an Area to Excess of Five TOus ix and plan prepared by KennethM.Woychuk Land Surveying,PLLC,last dated May (5,000 S.F.)Square Feet of Ground Surface? 15,2026. 6 Is there a Natural Water Course Running through the Site?Is this Project within the Trustees jurisdiction or within One Hundred(100)feet of a Wetland or ��1 +� E -+ +t1rP '115r�ul�edfum.IC_.'rtsl+�L4a�v't 131P1wja?Sp Beach? disturbances of one(1)or more acres:including disturbances of less than one acre that 7 Will there be Site preparation on Existing Grade Slopes F� X are part of a larger common plan that will ultimately disturb one or more acres of lands; which Exceed Fifteen(15)feet of Vertical Rise to Including Construction activities involving soil disturbances of less than one(1)acre where One Hundred(100')of Horizontal Distance? the DEC has determined that a SPDES permit is required for storm water discharges_. Q (SWPPI"s Shall meet the Minimum Requirements of the SPDES General Permit O Will Driveways,Parking Areas or other impervious for Storm Water Discharges from Construction activity-Permit No.GP-0.1,(001.) Surfaces be Sloped to Direct Storm-Water Run-Off L The SWPPP shall be prepared prior to the submittal of the NU ne NOI shall be into and/or in the direction of a Town right-of-way? submitted to the Department nor to the commencement of construction activity. 1:1 X 1 T'he SWPPP shall describe X erosion and sediment control practices and where 9 Will this Project Require the Placement of material, required,post construction stoma water manageownt practices that will be used and/or 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 Shoulder compliance,with the terms and conditions of this permit In addition,the SWPPP shall F1 X Area?frn;a tr�m.�rrr NOT include the:�stauarion of Driveway Aprnne.) identify potential s of pollution which may reasonably be expected to affect the quality of storm water discharges. NCT E-If An Answer to QuestionsOne through Nine is Answeredwith a Cheek Mark. 3.All SWPPPs that require the post-construction storm water management practice in a Box anti the construction site disturbance is between SAW SA&I Acre in area, component shall be prepared by a qualified Design Professional Licensed in New York a Stornt-Water,Gradin Drainagge dr Erosion Control Plan is Required�o Town of that is knowledgeable in the principles and practices of Storm Water Management Southold and Must be�ubmitte for Review Prier to Issu of Any u g Permit' g P P P g Nt1lF^A Check Mark X'and/or Answer for each Queston is fit aired for a Cora A licati . STATE OF 1VEW YORK, COLTI%=OF .Suffolk------- SS That I, Robert errmanxl [;� ) being duty sworn,deposes and says that he/she is the applicant for Permit, of vidual signing�----------------------- (Name f indi mtt And that he/she is the Agent for Owner {Owner,Contractor,Agent, g Corporate Officer,etc. 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 manners set forth in the application filed herewith. Sworn to before me this; e 20 26 Not P..... ..4. .�„ .,.... .,._day o .,.'lam , Public Notary tin a So A PP ) FORM - 06/10 , A + C-STATE Ott NEW VM OrL- 732,1 t ra#tt'od to Rtatttatk ottfy MV em a 166 El*m IN.13-xZ► c 6 O 4w . ., want roe rre�.9'rk w 14 S is k tr��bc a x O W p in r o ff a ter d u � N w ry �� O's, . a U I r� r I% 3 _ ��za us rcx f f #'r� ..� L L PATRICIA BOGEN REVOCABLE TRUST 7; OLD WOOD PATH3 SOUTHOLD fl p, Figure 1. Aerial view of subjectproperty and existing dwelling and accessory garage to be demolished and replaced by new dwelling with attached garage;and at adjacent waterfront homes(pier line added in yellow).Image by Google Earth,2021. ,g M 2D n i m+ u Figure 2. Looking northeast from Old Wood Path at roadside/front of existing dwelling and accessory garage to be demolished and replaced by new dwelling with attached garage;and at location of new EA sanitary system to front of house(right). PATRICIA BOGEN REVOCABLE TRUST,375 OLD WOOD PATH +C)UTHO:L D 1 , a r a 1 3 ��r RlIXlE � •, 4w I �J„ �•µ 7 a Y i Figure 3. Looking southwest over existing pool and patio(to remain)at watersideArear of existing dwelling and accessory garage to be replaced by new dwelling with attached garage,and locations of proposed structurally independent deck(left)and permeable patio(right)and on waterside of dwelling. lab r iiiiria yr r it �, , z� r f r% Figure 4.Looking northeast from existing pool toward wetlands located to north and east of subject property. 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