HomeMy WebLinkAbout1000-70.-4-22 & 23 OFFICE LOCATION: O��QF 50(/jyOlO MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) cn
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Southold, NY 11971
Q Fax: 631 765-3136
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LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
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MEMORANDUM
To: Leslie Weisman, Chair
Members of the Zoning Board of Appeals
From: Mark Terry,AICP
Assistant Town Planning Director
LWRP Coordinator
Date January 27, 2020
Re: LWRP Coastal Consistency Review for ZBA File DONNA M.WEXLER,DONNA M.WEXLER
REVOCABLE TRUST AND RODNEY T. QUARTY#7363
SCTM No. 1000-70-4-22& 1000-70-4-23
DONNA M. WEXLER, DONNA M. WEXLER REVOCABLE TRUST AND RODNEY T. QUARTY #7363 -
Request for Variances from Article IV, Section 280-18 and the Building Inspector's September 30, 2019 Notice
of Disapproval based on an application for a subdivision of merged properties at, 1) both proposed lots will be
less than the code required minimum lot area of 40,000 sq, ft.; located at 1275 West Hill Road and 1175 West Hill
Road, Southold,NY. SCTM#1000-70-4-22 and 1000-70-4-23.
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,the proposal is recommended as INCONSISTENT with the below LWRP policies.
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 creation of two substandard lots in size under the minimum requirements of the R-40 zone Bulk
Schedule does not reinforce a traditional land use pattern of the Town of Southold that is supported.
Lot 22 will measure 23,202 square feet and Lot 23 will measure 20,000 square feet where 40,000
square feet is required.
-----»—The-flag.af L-ot.22-designedwta access_the..water,_creates-a.nonconfomliag_rear yard setback for Lot 23.
The lot width is also nonconforming to the R-40 zone Bulk Schedule. The proposed width of Lot 23
is 100' where 150' is required. The proposed lot line also intersects the existing dock. Similarly the
lot width of Lot 22 may also be proposed as nonconforming and it is recommended that this is
clarified.
Based on the number of nonconformities with the R-40 zone Bulk Schedule,the proposed action does
not enhance community character, does not minimize adverse effects of development and sets an
adverse precedent of recognizing and potentially increasing development on undersized lots.
The action does not meet this policy.
Policy 4. Minimize the loss of life, structures, and natural resources from flooding and erosion.
The rear of the existing single family residence is partially located within a FEMA flood zone with a
0.2 percent chance of annual flooding. The accessory garage is not located within a FEMA mapped
area. In the event the action is approved,all construction of future structures should avoid the FEMA
flood zones.
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem.
The proposal does not minimize adverse effects of development on the Town Creek watershed.
Increasing residential density in land areas in close proximity to Town surface waters potentially
impact such waters through contaminated groundwater influence and storm water runoff. Lot 22
already shows a septic tank and two leaching pools for wastewater disposal. It is unknown if the
system is functioning. The creation of substandard lots could enable the construction of larger, single
family residences with greater sanitary flow and thereby negatively impacting Town Creek water
quality.
Lot 23 also shows an existing septic tank and two leaching pools landward of the structure on a 2016
Board of Trustees approved survey. The sanitary system is not shown on the survey submitted to this
Board and the function of the system is unknown.
In the event the action is approved and new structures are constructed on site; it is recommended that
an I/A OWTS be required to meet this policy. Compliance to Chapter 236 Storm Water Management
of the Southold Town Code should be required for both existing structures.
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
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