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HomeMy WebLinkAbout1000-81.-3-27.1 '. v KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765.1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTH OLD To: Town of Southold Board of Trustees Town of Southold Zoning Board of Appeals From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: October 16, 2006 Re: Proposed Wetland Permit for LINDA SANFORD SCTM#1000-81-3-27.1 John Bertani Builder, Inc. on behalf of LINDA SANFORD requests a Wetland Permit for the existing new construction of a single-family dwelling, renovation of the existing garage, new in-ground swimming pool, patios and new landscape plan. Located: 780 Private Rd. #17, Southold. SCTM#81-3-27.1 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 (L WRP) 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the L WRP. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The oroDosed distance of the swimminf!: 0001 and related structures (masonarv steos. retainine: wall. overflow pool and pool deckine are located within the 100 foot setback from top of bluff line: a minimum setback distance of 100 feet is reauired pursuant to Chapter & 275-3. Findines: purpose: iurisdiction: setbacks. Please reauire that the applicant amend the application to meet the above policy. To further the inteut of Policies 5: Protect and improve water auality and supply in the Town of Southold. olease reauire the use of native and droue:ht tolerant vegetation in landscaoine: to minimize irrie:ation and fertilization. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. To~ Sonthold ..~ -"~ ..."..,.::. ",,,.-~,,.-,,",.,-~_......... ..,.I',....,~- _---.,-, C,' r'"" , ',--- ", "'e. I'" f"-""~'~':- \,' i ',- :', ", \ I \ LWRPCONSISTENCY ASSESSMENT FORM \ i,e: ,." "'- , \\ , .1, A. INSTRUCTIONS 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 <;:onsiStency Review Law. . ; assessment is intended to supplement other information used by a Towll- of Southold agency in ..L making a determination of consistency. *Except minor exempt acti~!,!j~.r;1y.ding..Buildjng-?i!Fmiis"~-' 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 sil!llificant 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" or "no", then the proposed action will affect the achievement of the L WRP policy standards and conditions contained in the consistency review Jaw. Thus. each answer must be emlained in det,,;1 )istin!! both sUDDortin!! and non- sUDOOrtin!! facts. 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 L WRP is available in the following places: online at the Town of Southold ' s /7 ~ 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 I I (V 16 ~.~L ~'incL ~o- ot'rr ! ~ "'- u-,uO SCTM# 1000 - if 3 - bJ.0. I PROJECT NAME J (Lf) fv (" d... R €.A \ cLeflc...l.../ The Application bas been submitted to (check appropriate response): Town Board D Planning Board D Building Dept. D Board of Trustees IX! 1. Category of Town of South old agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) D D (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: ~ Nature and extent of action: Su- \~'\'kr- ek,,~cL q~ \~ ()/" Gl.:t\u.e.L-e- tYl~j '\&<rC{ ~kf') iI'1"-JJ!lW' 1(,(,-". ,,-,,"'-1\ d i' \t......'Ir.,. cd",,-- o...c.r~l...g ~.!\ ~.~~ ct \~ ~..\( ~v y " Site acreage: '180 ;:L1 ( CLC..-rW Q l?O SII\O\e.- ~'\(j Present zoning classification: {( -!(() R,vo.A'c-.RoG..-& ~\1 JO\..L'tf\O IL tJ ~ l\ql ( "' Location of action: Present land use: dwd\';'O ~ o..cca.ror~ 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: S' ~UfP~' (c) Telephone number: Area Code (Y1f) tf13f ?; 710 I lM' c.c...... [ . dOJ' for d..- m OLoJ\tcu rv Pe.o...-~ NLf eo~../ lOst! (a) Name of applicant: (b) Mailing address: Cd) Application number, ifany: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D No~ 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 L WRP Section III - Policies; Page 2 for evaluation criteria. lKJyes D No D Not Applicable {\e.-e.... o...,~~he ~ f'IC'fJ Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section m - Policies Pages 3 through 6 for evaluation criteria o Yes D No \XI Not Applicable " Se.-e.. o..."t'\-<-,-c_h~ 11&r Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section m - Policies Pages 6 through 7 for evaluation criteria DYes D No [Xl Not Applicable see.- o..~,~U r,d-v Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria DYes D No g] Not Applicable ~f'c.- cL~('\c.<-1 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 1ZI Yes D No DNot Applicable Se..L o._:\\r,r.hL~ ,,,~..J 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 L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~ D D Yes No Not Applicable ~~ f'l...,~nw 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. DYes 0 No ~ Not Applicable Su-- CL~e-~ (\.Lv 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 evaluatiou criteria. DYes 0 No [gJ Not Applicable SrF u,;t\nplr.o~./ qdU' 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. o YeO No~ Not Applicable 1;ep_ n_+\-O-~~V (,C~ Attach additional sheets if necessary WORKING COAST POUCIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section m- Policies; Pages 47 through 56 for evaluation criteria. DYes 0 No lKi Not Applicable J~ d~ "t../ 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 0 No 0 Not Applicable ^t-€-o.-+\~V r,~if 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. ~ Yes 0 NoD Not Applicable ke.-a...-~ ".!-'-, Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 (or evaluation criteria. ~ Yes D No D Not Applicable 5\t'L. a.,\\O-~v (" ,cl.c.-r PREPARED BY rYv-..&.. ':).~ TITLE (l'j~.d.-- DATE '1ju-jo 6 RIDER TO PART C - SANFORD APPLICATION - September 18, 2006 DEVELOPED COAST POLICY Policy 1. The submitted plan fosters a pattern of development that enhances community character, preserves open space, makes sufficient use of infrastructure, makes beneficial use of coastal location, and minimizes adverse affects of development in the following manner: The application seeks to allow existing construction on a location on which there was an existing one family dwelling which was in disrepair and demolished. It also seeks to renovate in existing garage which was in disrepair and install an in- ground swimming pool with patio areas and landscape. This preserves the community character of the Town of Southold and it preserves the other open spaces while rehabilitating already developed areas. This application makes beneficial use of the coastal locations and minimizes adverse effects or development in that it is rehabilitating and reconstructing already existing development which currently has some infrastructure in place. Policy 2. Policy is not applicable to present application as the demolished one family structure and the exisiting garage were not historical and there are no archeological resources involved in the property. Policy 3. The proposed application and building does not impact the visual quality and protects any resources throughout the Town of Southold in that it redevelops an already existing home and garage. While the applicant believes that it is a major esthetic improvement over the previously existing one family home and garage, this is totally a subjective determination and there is neither a decrease nor increase in the visual quality and protection of the scenic resources. NATURAL COAST POLICIES Policy 4. The application applicability to minimizing the loss of life structures and natural resources from flooding and erosion is not applicable to this application as the application simply seeks to allow the existing construction in an area where there was an already demolished one family dwelling and renovate an existing garage while adding a swimming pool, patios and new vegetation. It marginally increases the minimization of lose of life, structures and natural resources from flooding and erosion through better design and the addition of runoff retention devices. Policy 5. The application protects and improves water quality and supply in the Town of Southold by the updating of the septic system and the enhancement of drywells on the property in order to control runoff into the natural resources. Policy 6. The application protects the quality and functions of the Town of Southold ecosystem in that it provides runoff retention measures which decrease point source pollution and allows natural habitats to better restore themselves without these intrusions. Policy 7. The application will not protect and improve air quality in the Town of Southold nor will it decrease or impair the air quality. The reconstruction of a single family home, renovation to existing garage and addition of an in- ground swimming pool, patios and new landscape will have no measurable impacts on air quality. Policy 8. The application will have no effect on the environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. The reconstruction of the home has negligible or no effect on solid waste in the Town of Southold and it is a redevelopment of a single one story home. PUBLIC COAST POLIClES Policy 9. The application does not provide for public access to and recreation use of coastal waters, public lands and public resources of the Town of Southold as it is a redevelopment of a single family home, renovation of an existing garage and addition of a swimming pool, patios and landscape. WOillGNGCOASTPOLIClES Policy 10. The instant application is not applicable to maintaining or protecting Southold's water dependent uses in promoting or citing of new water dependent uses in suitable locations in that the present location is zoned residential and the application seeks to rebuild a residential home on the location. Policy 11. The project promotes sustainable living marine resources in the Long Island Sound, the Peconic Estuary and town waters by providing for improved drywell capturing of gutter leaders and roof runoff which presents possible point source pollution which could negatively affect ecosystems and habitats. The application exceeds the configuration of the previously existing house as it provides better protection for roof runoff recapture. Policy 12. The application protects agricultural lands in the Town of South old by redeveloping an already developed parcel instead of developing "virgin, natural undeveloped or agricultural lands". Policy 13. The application promotes appropriate use and development of energy and mineral resources in that the new construction and redevelopment of this single family house used significantly better energy efficient design and is compliant with the local building codes which have been strengthened in this regard over the codes in place at the time of the earlier construction. . Page 2 John Bertani Builder Inc. 1380 Oakwood Drive Southold, N.Y. 11971 September 19, 2006 (516) 765-1594 FAX (516) 765-3916 It was found that at the time when the new landscape plan was given to the Trustees, in actuality, a new permit should have been applied for before the original building permit was issued. So at this point, we are now applying for a new perm~ for all of the above. Sincerely, q~\c1c-,:), ~ Linda D. Bertani Vice President John Bertani Builder Inc. 1380 Oakwood Drive Southord. N.Y. 11971 (516) 765-1594 F~(516)765-3916 September 18, 2006 Mr. James F. King, President Southold Town Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: Unda S. Sanford, 780 Private Road # 17, Southold - SCTM# 1000-81'{)3-27.1 - Dear Mr. King, We are applying for a permit for the above referenced property for the purpose of allowing existing new construction on the property, renovating existing garage, construction of new in-ground swimming pool, patios and new landscape as per plan. This property originally had the following permits: NYSDEC non jurisdiction dated 9-12'{)2 Southold Town Trustees Permit # 5593 dated 7-24'{)2 (was extended twice) Southald Town Board of Appeals determination dated 4-3-03 for front line setback Southold Town Building Department Permit # 30762 dated 11/8104 for demolition of existing residence and construction of new residence along with construction of a new in-ground swimming pool Southold Town Building Department Permit # 32082 dated fX)-Q6 for garage renovation After receiving the original Trustee Permtt, the homeowner and architect made changes to the shape of and location on the property of the new construction. The archttect contacted the building department for guidance and was told that he would have to apply for relief from the Variance Board for 5' more than the front yard building line allowance that was shown. Even though the relief was granted, the existing new construction was moved back further than what was originally proposed to the Trustees. When applying for the building permit, the building department told the archttect that since the new construction met the original requirements of the Trustee permtt that he did not have to return to the Board. Construction was begun in January 2005 and has been ongoing since. We are hoping that the outdoor portion of the construction including all landscape. pool and renovation of garage will be completed by September 2007. When Ms. Sanford and her landscape architect were planning the landscape and patio designs surrounding the home and pool area we returned to the Trustees for guidance to make sure that the proper vegetation was used in this planning.