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HomeMy WebLinkAbout1000-6.-4-4 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 // / V PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTH OLD To: James King, President Town of South old Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: August 21, 2006 Re: Request for Wetland Permit for Marc Rubenstein SCTM# 6-7-7 lM.O. Environmental Consulting, Inc. on behalf of MARC RUBENSTEIN requests a Wetland Permit to construct an addition, deck, and terrace onto an existing single-family dwelling and to construct an addition and porch onto an existing cottage. Located: Madeline Ave., Fishers Island. SCTM#6-7 -7 The applicant received Zoning Board of Appeals approval on November 14, 2002 for the proposed action. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southo1d Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the qnality and fnnction of the Town of Soutbold 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 I. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed structure tlal!stone terrace setback from a freshwater wetland is proposed at 34 feet. and the proposed porch setback is proposed at 76 feet from a freshwater wetland; a minimum setback distance of 100 feet is required pursuant to Chapter 275-3. cc: Shawn Kiernan, NYS Dept. of State, Div. of Coastal Resources :If~'\,_..,.rl1:~r~.~j""'''-T''-'''''''--''"'.'~ --"-r . 1. , \ o~~~.~~\E:D ; \ 't ^"% \ L-~--'~ SoutMIO Tvwn All applicants for permits* including Town of Southold agenc\es, hall compl!llMlOl ill> proposed actions that are subject to the Town of South old Waterfrtnt .' nslS ncy Review Law. This ,_, : assessment is intended to supplement other information used ~!t"T(}Wl'Hlf'8tmthOld"a:gencYlii' " .,~.J1 making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. L WRP CONSISTENCY ASSESSMENT F Town of Southold A. INSTRUCTIONS 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 South old Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the L WRP policy standards and conditions. If an action cannot be certified as consistent with the L WRP 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 " -=t +- I' SCTM# <0 JUL 2 2006 , The Application has been submitted to (check appropriate response): I j I Town Board G Planning Dept. G Building Dept. G BoariIofTiIistees (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ~.."'1~(;,iy G b~ G 1. Category of Town of South old agency action (check appropriate response): (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: G Nature and extent of action: ~\l(,L1"~ t>m(X>~ +v CO,^"'+r.,,,,-€ ro..r. a.cl.ci;;-tl;0&--.\ c.eL~,~ ..\.,pGfl.(-e, m+D t1'^ e--.j:;,::s\:d S'''5\.e ~~L\ A....Je..~ r,~ . CrY\..J.,c.sr (;'(',1. o..~'A-lj1Vl o.~ ~'Y"( fA O"--\,,, C'v>. .py~d~ ccr\\~..e Q.V\.o. .....~~\. ~ V'\~ .sCi.vv.~ SV}..s..JelV" Location of action: M,,6a\~,,",a Jt\\lt'V)~( n.~.:tfl 1:'\.\.hP.rs. T_IjG~ Site acreage: :!: \, '2.. ~ or ('es presentlanduse:~ S'i:::j~ 4?(\~\~ A .)~n2J Q.M C-l)-tI~ Present zoning classification: 12- pi:) 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: f(\Ofl' _ ~\ l~~\v'"' (b) Mailing address: L-\::)~ "l?r~.oc+ S\-r~(~.L( New ~l'Al'\\ c:T O~II (c) Telephonenumber:AreaCode() ~3--qeo-b:!\e, (d) Application number, if any: ('\ \ q Will the action be directly undertaken, require funding, or approval by a state or federal agency? ----- - Yes 0-NoD If yes, which state or federal agency? f\.)~'-\. S ~\~, <2- A.cp.er <"<"'11 n~ be-€'V'\ \::U\..J.~ b.r ~<;. ~ <V' <>-1 . DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of South old 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 L WRP Section III - Policies; Page 2 for evaluation criteria. G;gYes D No D Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section 111- Policies Pages 3 through 6 for evaluation criteria ~ Yes G No D 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 ca Yes ca No ~ 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 ~Yes ca No ca Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria I;?;l Yes ca No caNotAPPlicable 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 Hahitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. LSrYes ca No ca Not Applicable 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. G Yes G NocaNotApplicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~Yes 0 No G 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. G YeD 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. ~es 0 No G 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 L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. @-Yes D No G Not Applicable Attach additional sheets if necessaty Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Gyes D No~otAPPlicable Attach additional sheets if necessaty Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. G Yes D No ~ot Applicable Created on 5/25/05 11 :20 AM J.M.O. Environmental Consulting Services Applicant: Marc Rubenstein Location: Madeline Avenue, no #, Fishers Island S.C.T.M.No.1000-6-7-7 The project consists of the applicant's proposal to construct an addition, deck and terrace onto an existing single family dwelling and to construct an addition and porch onto an existing cottage and to install a new sanitary system. As part of my review ofthe Town's LWRP Consistency Form Section C, I offer the following comments regarding the Local Waterfront Revitalization Policies and this proposed project: Policy 1. I believe that this project is consistent with this policy because the project will not result in a negative impact upon the desired development pattern of the Town of South old nor shall it result in the loss of the community and landscape pattern of the Town of South old. Policy 2. I believe that this project is consistent with this policy because the project shall not have any impacts upon the preservation and retention of historic resources, or any archeological resources nor the Coastal Culture of the Long Island Sound. The reason for this is that the project site has previously been "disturbed" and developed. The property itself was previously disturbed when the existing single family dwelling, sanitary system, cottage and drive were constructed. Policy 3. I do not believe that this policy is applicable to the project since the project will not have an impact on any scenic resource of the Town of Southold. Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed additions, porch, terrace and deck onto an existing Phone (631) 653-0607 . Fax (631) 653-3348 121 Jessup Ave · 2nd Floor. P.O. Box 447 Quogue, New York 11959-0447 single family dwelling and cottage and new sanitary system project has been based upon sound engineering practices and designed to the minimum scale necessary. The project shall have no adverse impacts upon adjacent properties or to natural coastal processes or natural resources. The project shall have no impact on any natural protective features nor shall it have any impacts upon public lands or lands in public trust. Lastly, the project does not involve the management of a navigational infrastructure nor are public funds involved with the project. Policy 5. I feel that the proposed project is consistent with this policy for a number of reasons. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. There shall be no increase or decrease in the pH, the dissolved oxygen or nutrients in the waterway and there should be no increase in noxious odors at the project site. There shall be no increase in negative health impacts such as pathogens, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. As part of the project a continuous line of staked hay bales and filter fabric shall be installed "seaward" of the limit of construction prior to the commencement of construction activities and maintained throughout the period of construction activities. To mitigate any impacts on wetlands the applicant shall create a non-disturbed buffer zone landward of the limits of wetlands on now what consists oflawn area. The buffer zone shall consist of native vegetation. The project does not involve watershed development or the quantity or quality of potable water. Policy 6. I feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent area of freshwater by the destruction of habitat or significant impairment to the tolerance range of any species of fish or wildlife. As stated in the previous section the applicant shall also create a non-disturbed buffer area of native vegetation. This will create an additional buffer to the adjacent wetlands that does not currently exist. The project should have no impact upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. I believe that the project is consistent with this policy. The project shall involve the disposal of solid waste, debris from the demolished dwelling, which shall be removed from the project site as part of the project. There are no hazardous waste or toxic pollutants involved with the project. Policy 9. I do not feel that this policy is applicable to this project. The proposed project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such areas. Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent uses of the site nor is the project located on Mattituck Creek/Inlet, Mill Creek or within the Village of Greenport and does not involve water-dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term maintenance and health of living resources. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to the project since the project does not involve energy or mineral resources. . . j 0. I \ \ \ \ \ EXISTING STUDIO (UNHEATED \ \ \ \ \ \ /\ ~o1l \~~~ cl \ 'i'%~A \ v. (<\<" /\~~~9. \ 0 w~ \.~%~ ~~ \ \~:\ \ ~~~ \ ~1>'1> UMlTS OF GRADING, \ d> <l ~ L.EARlNG AND GROUNO\ - ~~ DISTURBANCE \ ~ ~e. '% \~\~ " " "- - I~-- ___ -r- _ "r ~ c~ ~ " ~ ~ FIRST TRACT AREA=1.38:1: ACRES ~;"'%JST. tOOO SEC. 006 ~LOCK 7 LOT 7 > --- RELOCATE SEWER UNE PROVIDE NEW 8'><6' PRECAST CONe. lEACHING POOL (SEE DETAIL) RELOCATE EXISTlNG 1000 GAL. SEPTIC TANK & EFFLUENT UNE EXISTING HOUSE 1ST FLOOR ELEV.=17.06 BSMT. FLOOR ELEV.-B.66 AVG. ELEV. OUTSIDE-14.0 ) 2-<"-'r ~ "",,0 ~ ~<> )" #'~ ~~ EXISTING PRECAST CONC. LEACHING POOL 6'x8' VACA. (2)-2~x2"X3' STAKES EACH BALE FILTER ~ (:I D Dell " 10' UP SLOPE TABllITY AND ~lEANING SILT FENCE BACKED BY HAYBALE BARRIER NOT TO SCALE ~'~'APl'~BbARDMEMBERS ~ ' Gerard P. Goehrjnger, Chairman r Lydia A. Tortora ~,: George Boming , Ruth D. Oliva Vmcent. Orlando ,.:.,.., r\ \- (' ',-.,' Southold ToWn Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631~ 765-9064 T~lephone(63l:J) 765-1809 http;jjsoutholdtoWIl.northfork.net BOARD OJ!' APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND PETERMINATION MEETING OF NOVEMBER 14, 2002 Appl. 'No. 5196 - MARC RUBENSTEIN and P ATRlCIA PIERCE Location of Pro petty: ~deline Avenue, and Central Avenue, Fishers Island 1000-6-7-7 SEqRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration h1 this application and determines that this review falls under the Type II categorY of the State's List of Actions, without an adverse effect on the enviromnent if the project is implemented as planned. PROPERTY FACTSIDESCRIPTION: The applicant's property is 1.38 acres improved by ,a singie-famiIydwelling residence in. the main building, two accessory guest houses, and accessory nQn-habitablestudio building (see Pre-C.O. #Z-17030 dated June 24, 1988 tOl,i1yEmmet West). This property is located on the north side of Madeline Avenue and the west side ofGeotral Avenue on Fishers Island, BASIS QF APPLICAn01:'/: Building Department's July 5,2002 Notice of Disapproval denyjng Ii permit. toconstliUct a additions and alterations to the existing main dwelling and two accessory guest houses, for the reason that the additions increase the degree of nOllconfgl1llance or <;t'eates a new nonconfol1llance. ' The setback is also located at less th!Uil 55 feet, the code's mijJimum requirement under Section 100-244B from any front lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 14, 2002, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning BOlird finds the following facts to be true and relevant: APPLICANT'S REOUEST: Applicants request a Variance by structurally connecting the existing non-habitable studio to the existing guest cottage, and by adding and attached two structures, the main single-family dwelling and another existing guest cottage, by an enclosed addition. More specific details are available as shown on the site plan prepared by Chander, Palmer & King, CMEfCPK Design Group, last dated June 15, 2001 and revised 6-6-02. , ; \,I' . '-'. r~ c r'\. (~, ',-' ~ ; oJ 1- Page 2 - November 14, 2002 AppL No. 5196 - M.Rubenstein & P. Pierce 1000-6-7-7 at Fishers fsllinCl REASONS FOR BOARD ACTION:. On the basis of testimony presented, materials sub~tted, and personal inspections, the B()lI.fd ,made the following findings: 1., Ci1;a,mof! lItl area varilmcc will not eroduce lItl. undesirable change. in the. character of the neighbdrhood or a detriment to nearby pr(>p!il;ties, The~. of these, varilltlces,will not produce 'l\.O und,esirable change in the <;h!\TllCtef of tlle ntlighbpr~ood, or be a detriJtIent to 1l:~Y properties, because t:Ixl applicant ~propose<l a pl(>tplan.d!lsiiwed to reduce the tp~al nu~ W' pre-.existing accesso~ sb;l1<Wes. ~~t cqttMles). from three to one, by atj:lt<;hit1s. the cloSest one tq the pre-.~ting pri1lcipledwelIing, and; 'by tombining the other WIt) Jn~ one, wnt. 2. .1'hllPeJ.tefj,t sottght by the,appliclltlt. cannot be achieved by some other metpod, feasibl~for:JheapI1lica,m to p~sue, other thall ll1). area variance, because the principle dw~nUtg ba$ 'apee-existing frojlt yard setback on Madeline (we. of +-17 feet. This setback will r~ain the saQle after the proposed porch addition. The pre-existing aC~~~~l'J,lc41tes require another variance to allow'for thel alterations proposed by the ~~~t . 3., The req~ested variances are not substantial. The front yard setback will be maintained, and pth,ersetbacks are greater t!Ian required by code. Total lot coverage after completion ofthep~ject wiUbe approxirnaty1y six percent. 4. The ;pr9posed; variances will not have an adverse effect or impact on the p~sical or enviroimpeJ;l.tal conditions in the aeighborhood, or district. The applicant will maintain the, fr(miyard set!:lai::!j;, and tile applicant will have constructed a silt-retention fence along ~ portion Qfyar(i, where lawn abuts a small fre~h water wetlands on the property's eastern edgtl. ,5, . The difficulty for the applicant is not self-created, but is due to the placement of the pre.exis~ng pr,mcipal building, and other accessory structures on the parcel. 6. The rellefofIered to this applicant is the minimum determined necessary fo~ this appli<;aot to enjoy the benefit of implementing the proposed plan, while at the same,time pr()tectiog,and preserving the character of the neighborhood, as well as the health, sllfety, and welfare oft~e surrounding community. RESOLU110N OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267 -B, motion was offered by Member ~, ":i l " I r\ \.- ( ~.i,:;; Pi " !' .;. '" Page3-Novemoer 14,2()02 Appl. No. 5196:- M. Rubenstein.& P. Pierce 1000-6-7-7 at Frshe~ Island lWrnir!;g, seconded by Chainnan Goehringer, and dl!ly 9arried, to GRANT the y~anpe as shown on the site plan prepared by CMBlCM!( Design Grduprevised 6-6-02, and StlBJECT TO TIlE FOLLOWINGCONDlTIONS: 1. The proposed deck addition will remain open to the sky. 2. The accessorystrllctura proposed by the applicant will be used only for family members and their guests. 3. The accessory Structure shall be used, as intended, for seasonal use (between April - October). 4. Therewill not be a kitchen or kitchenette in the a9cessory structure. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer(C Orlando. This Resolution was duly adopted (5- . GH Gerard P. Goehringer - Appro" /I-.;1./-1J .:l..