HomeMy WebLinkAbout1000-17.-1-4 OFFICE LOCATION: ��OF SO(/Tyo MAILING ADDRESS:
Town Hall Annex h0 lQ P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd &Youngs Ave.)
Southold, NY 11971 G ® @ Telephone: 631 765-1938
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LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, Chair
Members of the Zoning Board of Appeals
From: Mark Terry, AICP
Assistant Town Planning Director
LWRP Coordinator
Date September 21, 2020
Re: LWRP Coastal Consistency Review for ZBA File Ref MINI CEDARS,LLC#7428
SCTM# 1000-17-1-4.
MINI CEDARS, LLC #7428 - Request for Variances from Article III, Section 280-18; Article XXIII, Section
280-124; and the Building Inspector's July 31, 2020 Notice of Disapproval based on an application for a permit
for a lot line change and the construction of a new single family dwelling; at 1) proposed lot is less than the code
required minimum lot area of 40,000 sq. ft.; 2) proposed lot is less than the code required minimum lot width of
150 feet; 3) proposed dwelling located less than the code required minimum front yard setback of 40 feet; 4)'
proposed construction more than the code permitted maximum lot coverage of 20%; located at: 905 Stephenson
Road (Adj. to Long Island Sound), Orient,NY. SCTM No. 1000-17-1-2.2 and 1000-17-1-11.5.
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 action is INCONSISTENT with the below listed
Policy Standards and therefore is INCONSISTENT with the LWRP.
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.
The lot line change(re-subdivision) is supported and necessary to meet Suffolk County Department of
Health separation distance regulations from on-site sanitary systems and private wells of 150'.
Further,the amendment would result in making a currently non-conforming lot in the R-40 zoning
district less non-conforming.
The proposed construction over 20 percent lot maximum coverage to 28.30 percent is unsupported.
Structure on lots adjacent to the Long Island Sound are vulnerable to wind and wave exposure during
storms including hurricanes. Structure in these locations should be minimized and not exceed the bulk
schedule requirements. Development that does not reinforce the traditional land use pattern of the
Town of Southold does not support this policy.
Policy 4.1. Minimize losses of human life and structures front flooding and erosion hazards.
The following management measures to minimize losses of human life and structures from flooding
and erosion hazards are recommended: specifically
A. Minimize potential loss and damage by locating development and structures
away from flooding and erosion hazards.
The proposed residential structure is not located within the Coastal Erosion Hazard Area(CERA)
however,the property contains areas of slopes equal to or greater than 15 percent according to
our ArcGIS system (Figure 1).
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Figure 1. Subject parcel showing 15 percent or more slopes as solid polygons (ArcGIS).
To protect life and property during storm events and erosion over time, it is recommended to
locate structures as far from the Long Island Sound to the greatest extent practicable. Due to
parcel size and the CEHA on this property it is recognized that relocating the structure further
from the CEHA is difficult.The location of the proposed structure is not located within a FEMA
flood zone.
Policy 6.3. Protect and restore tidal and freshwater wetlands.
E. Maintain buffers to ensure that adverse effects of adjacent or nearby
development are avoided:
1. Maintain buffers to achieve a high filtration efficiency of surface
runoff.
2. Avoid permanent or unnecessary disturbance within buffer areas.
3. Maintain existing indigenous vegetation within buffer areas.
It is recommended to further this policy that a non-disturbance buffer is
established from the CEHL, seaward to prevent erosion on slopes, preserve the
integrity of the natural feature, limit turf areas and preserve groundwater and
surface water quality.
a. Recommended activities in the non-disturbance buffer include:
i. Prohibiting the cutting, removal or disturbance of vegetation, including
trees, shrubs, and groundcover unless vegetation has been determined to
be hazardous to life and property.
ii. Trimming tree limbs up to a height of 15 feet to maintain view sheds.
iii. Supplemental planting with native vegetation to achieve soil
stabilization.
iv. Prohibiting structures.
v. Prohibiting excavation, grading and removal of materials other than to
repair erosion hazards.
vi. Prohibiting dumping of unsightly or offensive materials.
vii. The establishment of a four-foot-wide access path constructed of
pervious material for access to the water-body.
viii. Installation of deer fencing.
Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: William Duffy, Town Attorney