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Home My WebLink About1000-53.-3-13.1 OFFICE LOCATION: ��0� STy0 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 G • Q Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: January 14, 2021 Re: LWRP Coastal Consistency Review for MICHAEL KREGER SCTM# 1000-53-3-13.1 Inter-Science ResearchAssociates;,lnc. on behalf of MICHAEL KREGER"requ6Ms"a'ri Amendment to Wetland Permit#9433 to increase the footprint of proposed pool terrace and its stairs by 275sq.ft. with a setback of 14.5'; the infinity edge trough of the swimming pool was removed from the plan; the pool area was decreased from 740sq.ft. to 640sq.ft. but there is also 130sq.ft. of pool coping not previously proposed; the total pool area is 820sq.ft. which is an increase of 80sq.ft. with an increase of wetland setback from 21' to 23'; the pervious driveway was reconfigured, decreasing its area by 165sq.ft.; the pool equipment has been moved to outside the Non-Turf Buffer Area; the -- --HVAC-equipment area-decreased-from 43sq.ft.to--15sq.ft.;-the total-impervious-upland-lot-coverage of the property, as defined by the NYSDEC increased by 272sq.ft., from 4,311 sq.ft. to 4,583sq.ft.; . expand the Non-Disturbance Buffer Area by an additional 125sq.ft., increasing it from 8,860sq.ft. to 8,985sq.ft.; when reviewing the approved permit, note that the expansion that was proposed as part of Permit No. 9433 had increased the area of revegetation to be made into Non-Disturbance Buffer Area by 980sq.ft., that increase is not 1,105sq.ft; the area of the Non-Turf Buffer Area will be increased by 65sq.ft. from 1,200sq.ft. to 1,265sq.ft.; between the Non-Disturbance Buffer Area and the Non-Turf Buffer Area, the site will have 10,250sq.ft. of preserved area, which is more than double the area of impervious upland lot coverage. Located: 1085 Bay Shore Road, Greenport. SCTM# 1000-53-3-13.1 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 Policy Standards and therefore is INCONSISTENT with the LWRP due to the following: 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. In 2000 the Board of Trustees issued Wetland Permit 5238 for a similar action. A condition in the permit required a 40' wide non-disturbance buffer adjacent to the tidal wetland line. In 2019 a second permit (9433) was issues on the parcel that included revegetation and expansion of the non-disturbance buffer but ultimately reduced the width of the non- disturbance buffer. The purpose of the non-disturbance buffer is to protect the Pipes Cove Creek and Moore's Drain Significant Fish and Wildlife Habitat Area which this parcel abuts. Habitat modifications which substantially change the natural character of the area, such as residential...developments could have a significant impact on many wildlife species in the area. It is recommended that a pool de-watering well is identified. The limit of clearing grading and ground disturbance...line overlaps the 102 sq. ft. revegetation area of the existing non- disturbance buffer. The 28.3' setback to the wetland where 50' is required for the pool and related structures is unsupported in this ecologically sensitive area. 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: Damon Hagan, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM Li_ n c n+,�tYtOld TOW A. INSTRUCTIONS Board 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" 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, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTiVI# 53 - 3 - 13.1 PROJECT NAME Kreger Proeprty The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees W1 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: Amendment to Trustees Wetlands Permit#9433 See attached Project Amendment Narrative. Location of action: 1085 Bay Shore Road, Greenport Site acreage: 0.966 Present land use: 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: Michael Kreger (b) Mailing address: c/o inter-Science Research Associates, 36 Nugent Street, Southampton, NY 11968 (c) Telephone number: Area Code( ) 631-283-5958 (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No V If yes, which state or federal agency? 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 LVVU Section III—Policies; Page 2 for evaluation criteria. 7 Yes ❑ No ❑ Not Applicable Project will maintain existing setbacks or improve them and proposing revegetation and increased areas of wetlands buffer. Between the No Disturbance Zone and the No Turf Zone,the site will have 10,250 sq.ft. of preserved area,which is more . than double the area of impervious Upland Lot Coverage. 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 W1 Not Applicable I ,r Answer for Policy 2 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 LTJ Yes ❑ No ❑ Not Applicable Project proposed revegetation using native plants that will increase protections of Pipes Creek, a scenic resource. The design of the proposed house will be in the same character as the neighboring houses. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III I -� –Policies Pages 8 through 16 for evaluation criteria F1Yes E—�J No 21 Not Applicable Project not in a flood zone 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 Z Yes ❑ No ❑Not Applicable Project will maintain existing setbacks or improve them and proposing revegetation and increased areas of wetlands buffer. 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. LVJ Yes ❑No ❑ Not Applicable r Answer for Policy 6 Project will maintain existing setbacks or improve them and proposing revegetation and increased areas of wetlands buffer to provide additional protections to wetlands and resources. 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 V] Not Applicable Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L)V" Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No W1 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. ❑ Ye�] No® Not Applicable This is a private property and no aspect of the project will affect public access to and recreational use of public lands. ,r 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 No water dependent uses are proposed, nor are they located in the vicinity of the property. 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 ` Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No W1 Not Applicable 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 V Not Applicable PREPARED BY Michael Schiano TITLE Environmental Planner DATE 11/20/2020 PROJECT AMENDMENT NARRATIVE Applicant: Michael Kreger Subject Property: 1085 bay Shore Road, Greenport (SCTM No. 1000-53-3-13.1) Prepared By: Michael Schiano, Environmental Planner Inter-Science Research Associates, Inc. Date Prepared: November 20, 2020 The applicant seeks to amend Southold Town Trustees Permit No. 9433. The following changes are proposed: 1. Expansion of the footprint of the proposed pool terrace into the footprint of the existing house that was demolished. The stairs leading off the pool terrace have also been moved and additional stairs had to be ad e . a. The total area of the poo rrace an its stairs increased by 275 sq. ft. b. - w' b at a setback of 14.5 fee where the existing house was at a setback of 13.0 fee , measured to e we ds flagged by the Southold Town Trustees on Marc 2, 2019. 2. The i edge trough of the swimming pool was removed from the plan. The water area of the pool was reduc i.-11Fe_pD'6 1 area decreased from 740 sq. ft. to 640 sq. ft., but there is also 130 sq. ft. o ool copin not previously proposed. The total pool area is 820 sq. ft., which is an increase of 80 s a. Since the infinity edg hbit.as removed, the wetlands setback of the total pool increased from 21 feet 3. The pervious driveway was reconfi ured, decreasing its area by 165 sq. ft. 4. The pool equipment has also mo d so that it is not inside the No-Turf Zone, increasing its wetland setbacks b 128 fee 5. The HVAC equipment area decre ed fro 43 sq. ft. to 15 sq. ft. 6. The total impervious Upland Lot Co rage of the property, as defined by the NYSDEC, increased by 272 sq. ft., from 4,311 sq. ft. to 4,583 sq. ft. To help offset the additional structures, the following additional mitigation is-offered: 1. The area of the No Disturbance Zone will be expanded by 125 sq. ft,increasing it from 8,860 to 8,985 sq. ft. f 2. When reviewing the approved permit, note that the expansion that was proposed as part of Permit No. 9433 had increased the area of revegetation to be made into No Disturbance Zone by 980 sq. ft. That increase is now 1,105 sq. ft. 3. The area of the No Turf Zone will be increased by 65 sq. ft., from 1,200 sq. ft. to 1,265 sq. ft. 4. Between the No Disturbance Zone and the No Turf Zone, the site will have 10,250 sq. ft. of preserved area, which is more than double the area of impervious Upland Lot Coverage. INTER- MME RESEARCH A SOCIATES, INC PROPOSED SITE PLAN , PROPERTY OF MICHAEL KREGER 1085 BAY SHORE ROAD, GREENPORT SUM NO. 1000 - 53 - 3 - 13.1 EXISTING LOT COVERAGE CREEK REQUIREDLOTCOVERAGE: 7,924.8SQ.FT. (20% OF 39,624) Tidal Wetlands Boundary Flagged b TOWNOFSOUTHOLD Proposed "No Disturbance Buffer": 1 ,105 SF p�pE Y Y AREA TOTIELINE=39,6245Q.FT. (To be established over a revegetated area) Southold Town Trustees on 3/12/2019 S877447"E HOUSE,DECK,&BRICKSTOOP =2,336 SQ.FT. GARAGE = 882 SQ.FT. 72.86' S78.47' SHEDS = 96 SQ.FT Revegetate Area of Existing �6 /,r------------------ _ 4O"E 3,374 SQ.FT a�• + I + � + T � 66.9 • 3,314/39,624=8.4% No Disturbance Buffer: 102 sq. ft. '�� 2 S76 9• j + ►+ nE un1E 5 242 Maintain 4' Wide Foot Path to Pipes Creek PROPOSED LOT COVERAGE N� ,/ _ �+ DETERMINED MI „DAL WETLANDS AS I + + .'mac , � — 28 � • n �' ED E OF TI BY N.T.CD ASWIN M + REQUIRED LOT COVERAGE 7,924.8SQ.FT (20% OF 39,624) ,k2 / �p� ( z� LAND SURVEYORNN JUNE 13,zon �u Iayp.) ` �� (To cleared only using hand tools, including but TOWNOFSOUTHOLD �[,5 // ``' N.c.wE rE ( NcwL LOT 15 not limited to hand pruners, hedge trimmers, AREA TO TIE LINE=39,624SQ.FT \60 J//f i y� 216 weed whackers or an 8-inch bladed brush trimmer.) HOUSE,PORCH =1,952 SQ.FT pC / J�1� - I �y LOT 21B GRADINGLIMIT OF CLEARING. ! �. r �4�T N.0 NI s p1�TURBANCE PR�P�SED PRp�(•'TR� POOL = 640 SQ.FT O�3U / � LOT 1 T y �T O FENCE (MIRE-BACK SLD FENCE) POOL COPING = 1305Q.FT 6�•� + �C 195 Gw< POOL TERRACE = 875 SQ.FT N 4 i'' #t� I �� a`�„�` ry GARAGE = 882 SQ.FT 5 1+ f r' c i 1 �,: ��1 ,� ` e /\�• 4,479SQ.FT. 1 '196 COASTAL BARRIER �� Iiii UNE 1 N.C... �' ' 4,479/39,614=11.3% x c? 'F`��IOIASONRY ( E OF zz RESOURCE LINE . _ • _ • • _ . _ _ _.� _• • _ N " Bsu , NG Permanent 4' Tall Pool Fence DEC EXISTING COVERAGE FNo _ 1• _ _ / ' 'r"-'- '` 1.. (To be Erected Along Edge of No Turf Zone) REQUIRED UPLAND COVERAGE:5,652SQ.FT. (20%OF28,260) LOT 12 1 �� Jr r - y„ • 1= 4�A , UPLAND AREA=28,260 SQ.FT � 1 N-cH HOUSE,DECK,STOOP W/STEPS =2,408 SQ.FT. O EDGE of D B WETLANDS TCO tis 1 r ' I -� • ` i DETERMINED BY N.T.CD AS 111 GARAGE&STOOP W/STEPS = 900SQ.FT uNo IIRVE��R ON JUNE ,3, zon Oho''' PROP. FLAGSTONE �j I, -` ~' •-�-� AC PAD = 11 Sil O N c am/ }"�„ PAVERS (TYP.) T PORCH 1 PRO .,I 3,319SQ.FT.. O ,eD ; --'PROP. UG LP R/O i POSE v \ �f /. 3,319/28,260=11.7% LOT 1 1 O N�"E` ; � TANK / �y0� / �r " a - _ PROP ' O Proposed No Disturbance Buffer DEC PROPOSED COVERAGE „e PROP POOL f�, PROP , �. ,, (To be Established over existingvegetation) EQUIPMENT I STOOP/STEPS, ALK g REQUIRED UPLAND COVERAGE:5,652 SQ.FT. (20%OF28,260) . :°"E G� PAD l oo '( 9 7 - R o DECK REM UPLAND AREA=28,260 SQ.FT. 176 t PROP. 0 N.c-WLW". r HVAC+•. O HOUSE,PORCH = 1,952SQ.FT >_ 1 POOL = 6405Q.FT �, ---- 23 EDGE of Proposed "No Turf Zone": 1,265 SF 17 �i• ,. POOL COPING = 130 SQ.FT. na :, i , `� ::.. 'f1:: CW -'=- /f'I '' �` CLEARING POOL TERRACE = 875 SQ.FT. N"� EX. TO ` r I PORCH R/0 GARAGE&STOOP W/STEPS = 901172 REMNN AC,GEN,POOL EQUIP.PADS = 86SQ.FT.. . N.cvS, �, i ,/r2.r in DW W ( :-y Q 4,583 SQ.FT. 39 1 1 Com""'-7.3• N i "( TMJ N/O/F 4,583/28,260=16.2% n ( DW OT % O� TOWN OF SOUTHOLD 170 N.C.NL �` 1;.'' 1 j 36.3t� `''3 i 1 I , PROP: QIIS DRNEWAY ` I PROP. UG LP ! G P q \ ITANK (C, DW N.c.wE 1 ;! I '; Proposed " sI EX BB CURB I r ; L J' ay i To BE REMOVED ;`;, I �o `�_-__ ,9' Se tic Tank NOV 2 ' :; I, .� 0 2020 r 1 1 ' LAT 2 J" 6"� Q• °POLE Proposed N.cij - 1I EDGE r` - Leachln Pools so ir;.,,�Tc, __ 03 POLE d,'d Of Ti i:3i S \EOP G -- s Q�W POLE OHW O * - •54 0 _ -8= 7g511 ' EXISTING SEPTIC 79 ------- 5 °"'" - ' 67 H0RE R0 (TO BE REMOVED) gAx S SCALE: 1 " = 30' NOTES PREPARED BY INTER-SCIENCE RESEARCH ASSOCIATES • Map Prepared based on survey prepared by Peconic Surveyors: 10/24/2018 DATE PREPARED: 3/20/2019 • Revised site plan details per Marshal Paetzel Landscape Architecture: 9/21/2020 • Elevations are refereced to NAVD 1988 Datum. REVISED WITH PATH DETAILS: 7/22/2019 • Proposed septic design by S.L. Maresca Associates. REVISED SITE PLAN: 10/21/2020