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HomeMy WebLinkAbout1000-33.-3-19.4 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 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTH OLD To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: December I, 2006 Re: Proposed Wetland Permit for Robert and Barbara Seeley SCTM#1000-33-3-19.4 ROBERT SEELEY requests a Wetland Permit to construct a 16'X 32' in-ground swimming pool, patio and fence. Construct aI' high berm with 3: I side slopes at the base of the lawn where presently mulch area exists between the natural buffer and the sod, and restore three gullies on the face of the bluff, fill seed, and plant with duee plantlets every 12" - 18" apart in a grid pattern. Located: 1250 Sound Dr., Greenport. SCTM#33-3-19.4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) 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 quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statulO1T and regulatory requirements afthe Southald Town Board afTrustees laws and regulations for all A ndros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee pennit conditions. The orooosed distance to the 0001 from the marine wetland boundary is 79.48 feet: a minimum setback distance of 100 feet is required pursuant to Chaoter & 275-3. Findines: purpose: iurisdiction: setbacks. Please require that the applicant amend the application to meet the above policy to the ereatest extent possible. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. . < ;1.', _1;................ ,"""'" -'-"".Y-"-"". .~,."....,. _,_'H..,., .. _~I , '. r- .. -- ......----"'..:.::7'C~~:.r ~;~;~;:;~e6rive. Greenport f . D..., IE (G' ~J w. IE. 0 ~~f~ .; SCTM#1000-33-3-19.04 . 1 ' "~ ; Town of South old !' : LWRPCONSISTENCY ASSESSMENT FORM : NO'! ,05! .1 f.'1~~;;~~;:?o~:ermits* including Town of Southold agenci~s, all c~-tm~r pr posed actions that are subject to the Town of Southold Waterfront Constste ]:.,~w. .iI; assessme tis intended to supplement other information used by a Town of SO\j.thQ).d.agkD,f..lln making a determinatiOlj of consistency. * Except minor exempt actions including Building Pe;:mli and other~m;n!srei'/iiT'fl~1'7hlf" Tffl';' 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 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 L WRP 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 L WRP 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 .1) ,r SCTM# 33 3 - 19.04 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X Board of Trustees X ZBA I. 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. aDDroval. license. certification: Nature and extent of action: CONSTRUCT A 16' X 32' IN-GROUND SWIMMING POOL, PATIO AND FENCE PER CODE; CONSTRUCT A l' HIGH BERM WITH 3:1 SIDE SLOPES AT THE BASE OF THE LAWN WHERE PRESENTLY A MULCH AREA EXISTS BETWEEN THE NATURAL BUFFER AND THE SOD, PURSUANT TO RECOMMENDATION BY SUFFOLK COUNTY SOIL & WATER CONSERVATION BOARD AND RESTORE 3 GULLIES ON THE FACE OF THE BLUFF: FILL, SEED AND PLANT WITHWITH 3 PLANTLETS EVERY 12" - 18" APART IN A GRID PATTERN, PURSUANT TO RECOMMENDATION BY SUFFOLK COUNTY SOIL & WATER CONSERVATION BOARD -, .~ ,. " Location of action Site acreage: Present land use: 1250 SOUND DRIVE. GREENPORT 1.05A 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: ROBERT SEELEY (b) Mailing address: 20 WHITE PINE LANE. SETAUKET, NY 11733 (c) Telephone number: Area Code 631-235-8908 (d) Application number, ifany: ZBA #5912 Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency? NYSDEC lnon-iurisdictional) 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 infrastrnctnre, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section 111- Policies; Page 2 for evalnation criteria. Yes No Not Applicable Construction of a Dool at this site is DroDosed in a manner consistent with relief aranted under similar conditions. In this instance, the subdivision Dlan was iII- conceived in that the buildina enveloDe does not Drovide for develoDment of the site in a manner consistent with the "Daffern of develoDment in the town". Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Aoolicable The Dro/Josed Droiect is not located near anv historic sites or districts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Aoolicable The subiect site is develo/Jed with a sinale familv dwellina. Policv 3 has no relevance to construction of the Dro/Josed Doo/. . " #-, " NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Yes No Not Applicable The aoolicant realizes the imoortance of maintainina the inteGrity of the bluff and oreventinG any condition that may oose a threat to the bluff. The orooosed 0001 will be desiGned and constructed in accordance acceoted enGineerinG oractices relevant to the site conditions. Further. the recommendations made by the Suffolk County Soil & Water Conservation District will be imolemented in coniunction with the 0001 construction. Policy 5. Protect and improve water quality and supply in the Town of Southold. Yes No Not Applicable The subiect site is develooed with a sinGle family dwellina. Policy 5 has no relevance to construction of the orooosed 0001. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. Yes No Not Applicable The subiect site is develooed with a sinale family dwellinG. Policy 6 has no relevance to construction of the orooosed 0001. Policy 7. Protect and improve air quality in the Town of South old. Yes No Not Applicable It does not aooear that Policy 7 is relevant to construction of the orooosed 0001. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Yes No Not Applicable The orooosed 0001 will be constructed with drvwells to orovide for containment of any backwash material that may result from its ooeration and maintenance. 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 South old. Yes No Not Applicable Construction of the orooosed 0001 will have no imoact on oublic access to. and recreational use of. coastal waters, etc. .. '0 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 S6 for evaluation criteria. Yes No Not ADDlicable It does not appear that Policy 10 is releyant to construction of the proposed pool on a residentially developed lot. Policy 11. Promote sustainable use ofliving marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section ill - Policies; Pages S7 through 62 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 11 is relevant to construction of the proposed pool on a residentially developed lot. Policy 12. Protect agricuIturallands in the Town of South old. See LWRP Section 111- Policies; Pages 62 through 6S for evaluation criteria. Yes No Not ADDlicable It does not appear that Policy 12 is relevant to construction of the proposed pool on a residentially developed lot. Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 6S through 68 for evaluation criteria. Yes No Not ADDlicable It does not appear that Policy 13 is relevant to construction of the proposed pool on a residentially developed lot. Created on 5/25/0511:20 AM , - ! ~v wr .,,,. 'S-~{,LA./ ~~. COUNTY OF SUFFOLK . . < f~.f ,'-'h ~ r@""~^ \f ALl&trcM ('T p)hJ ') (~ 11 ~) '~J ~')>' ,&"" O~:J,a.i ~ Cl )'.C:~f . ~. "'f;}i'f,'.I' ~ ~~ p~ h:: '0,> 1.= '\""'~ ft 1 ~-1.~,': l..,_~ ~C ~ ;: t~ ~.~~ , < SOIL AND WATER CONSERVATION D1STRICl' FAX,(631) n7-S160 Steve Levy SUFFOLK COUNTy EXECUTIVE JUL I 2 Z006 JJ 1t/~ I ./59/J.- ~ ~/(;Vo.(, L?C:fiiNGl BOARD OF l.P~EALS Thomas J. McMahon D1STRlcr MANAGER (631) 727-2315 July 6, 2006 Ms. Ruth Oliva Chairwoman - Board of Appeals Town of Southold Southold Town Hall P.o. Box 1179 Southold, New York 1197I-0959 RE: ZBA #5912 Dear Chairwoman Oliva: /- As requested by your office, a site visit was conducted at t ~eely lopeny (SC tax map # 1000-33- 3-19.4) in order to review the proposed pool installation. The follow are the observations and recommendations, as reflected from the site visit. Observations: The enclosed 2004 aerial photo presents a well-wooded property. However the site visit revealed that the entire site (1.lp to the edge of the blufl) was completely cleared of this vegetation and a house and landscaping have been constructed as shown on the site plan. The proposed pool is sited at the eastern property boundary between the rear of the house and approximately 66 feet from the bluff's edge. Photo I identifies the approximate location of the proposed pool in relation to the bluff. The house has been fitted with gutters, downspouts, and dry weHs, which are effectively directing runoff into the ground. The entire area of the backyard including \vhere the pool is proposed, slopes towards the bluff. Between the house and the bluff, is a sod la\vn, a Hoot wide mulch bed, and a 25-foot buffer of weedy vegetation, in that Ol:derJhe la\V'il is serviced by a sprinkleriITigation system, while c1ripinigation is ll<pn on the mulched areas (photo I &: 2). . ..... . . . The buffer along the top of the bluff has not been landscaped, rather is has been left fallow and subsequently native and invasive herbaceous plants have revegetated this area. Landscaping debris, in the form of grass clippings and branches have been disposed of in this buffer area (photo I) The bluff is of moderate height (25-30 feet). Beach access is provided by a stairway on the eastern property boundary. An old road bisects the bluff horizontally creating a tiered bluff. The bluff face is in stable condition except for three small gullies located on the slope above the old road; two on the western side of the bluff and one on the eastern side of the bluff have overhanging lips of vegetation and vertical faces at the top of the bluff. A complement of flora including Bayberry, Beach grass, Seaside golden rod, Mutilflora rose and Rugosa rose fully vegetate the bluff with the exception of the gullies. The entire toe of this bluff is in stable condition. No bulkheads or hardening structures exist on this, or adjacent bluffs (photo 2-5). Recommendations: Currently, the majority of the bluff appears to be in stabile condition with the exception of the three small gullies. If no action is taken to stabilize the gullies, the erosion can magnify and spread to adjacent bluffs. Such unabated erosion can threaten stTIlctural stability of houses, stairways, pools, as well as the health of Long Island Sound and the bluff ecosystem. Therefore, it is essential to remediate the cause of these gullies and repair all of the erosion on the bluff, in order to prevent future damage. Runoff flowing over the top of the bluff is the expected cause of the gully erosion. The entire backyard area of the property slopes towards the bluff and no measures have been installed to prevent water from breaching the top of the bluff. Magnifying the potential for runoff is the use of both sod and a sprinkler irrigation system on the lawn and the clearing of the top of the bluff. The first step in remediating the gullies is to eliminate the catalyst of the erosion, i.e. runoff flowing over the top of the bluff. It is recommended to construct a berm at the base of the lawn. This will prevent runoff water from traveling down the bluff face and allow the water to naturally percolate into the ground. Specifically, the berm should be placed where the mulch area exists between the natural buffer and the yard and have a height of one foot with 3:1 side slopes. To stabilize the berm, a fescue mix with annual rye should be established through seeding during the spring or fall months. Due 1;0 the shallow root system and high degree of water required for establishment, sod shouid not be used as a means to vegetate the berm. Respectively, the use of irrigation to aid :in the grass establishment on the berm should be carefully monitored as over irrigation can contribute to runoff water. Mowing of the berm can occur but the grass should not be cut to a height any lower than 3 inches in order to prevent summer bum off. Once the berm is constTIlcted, vegetated, and stabile, then the gullies should be repaired. The overhanging lip of vegetation on the top of the gullies should be cut back to a natural angle of repose. Then, the revegetation of the gullies should OCCUI', 'Cape' American beach graSs shoula be established alongthe extent of the gully. This grass serves as an - effective sediment t-rap and elUsion CDllLlOl measure due to plant denSIty ana: r~ substantial root systems. 'Cape' American beach grass is a hardy native perennial, that thrives in Long Island's harsh conditions: doughty sandy soils, IS: salt exposure. It is these characteristics that have extensiwly promoted the use of 'Cape' American beach grass to restore, create and protect bluff and dunes from bOLh wind and water erosion. p. '- S-rt" .1. - - -- ---- - ------ -- -- \r~~- -~ L;_ f' I ~Y;p ( ~nJ!f) - - v construction and planting activities should be scheduled around this planting time to ensure successful vegetative establishment. The beach grass should be planted as three cuhns (plandets) every 12 to 18 inches apart in a grid pattern (See enclosed planting guides for fertilization and additional information) and planting should occur from the top of the bluff to the toe. Although though walking on the bluff is generally not recommended it will be necessary in order to execute the planting. The long-term benefit of the planting outweighs the minimal erosion that will occur during the one day of planting. To increase diversity on the bluff and reduce the threat of disease, a warm season grass seed mixture should be broadcast on the slope just prior to planting the beach grass. Treading on the soil during planting of the beach grass will effectively "plant" the seed and ensure good soil to seed contact. The seed mixture and complete method for planting the Beach Grass is listed with in the USDA Stabilization of Eroding Bluffs document enclosed with this letter. Additionally, other Jaw growing species (as already found on Site) such as Black-Eyed Susan, l\lontauk Daisy, Virginia creeper, Beach Rose (Rosa virginica), Eastern Prickly Pear Cactus, Seaside Goldenrod, Golden Aster, Sweet Fern, and Beach Pea are strongly recommended. Once all of the above recommendations are implemented, the following preventative measures should be implemented to protect the bluff from erosion. First, the 25-foot natural buffer area atop of the bluff should remain as is. It should not be cleared, no should any landscaping activities (planting or fences) be implemented within this area. This area serves to help absorb runoff from the yard and protect the top of the bluff from erosion and human activities. Any removal of the vegetation or further clearing of this area would compromise the stability of the bluff and may threaten the stability of the pool and house with a large storm event. Additionally, no debris, as found on the day of the site visit (lawn clippings, leaves, branches, etc.) should be deposited on top of or on the bluff face. This serves as a potential cause of erosion as it smothers the vegetation, which holds soils in place and adds weight to the bluff face. Such landscaping residues should instead be taken to the Town of Southold landfill for composting. Even with the installation of the berm, insurance should be taken to reduce the threat of runoff from the sprinkler irrigation system. Therefore, and equaUy important as all of the above recommendations, the irrigation system and it's operation should be evaluated in order to reduce the potentiaHoc-breaching the berm and for runoff reduction-.-f'irst, the __sprinklers should be observed to ensure that they are nor spmying 'wer the berm dnring operation. If this occurs, the sprinklers should be adjusted, changed, or turned off to prevent runoff on the north side of the berm. 13 St-cJ .. Next, irrigation scheduling which takes into consideration the sod's water requirements (0.2 inches per day) and soil moisture should occur. Sod has a shallow root system and requires a significant amount of water not only for establishment but maintenance as well. Thus, irrigatJon systems servicing sod are routinely placed on a clock and irrigated regardless of plant requirements, soil moisture, and precipitation (is it raining?). This management practice often exceeds the soil's water holding capacity and creates runoff. Therefore, the use of a \Vatermark sensor, which monitors soil moisture, or a rain sensor which monitors precipitation is recommended in combination with a clock that is reflects the sods water requirements. As this is a residential area, humans, pets, and wildlife (deer) must be prevented, as much as practical, from traveling down the bluff face. The use of the adjacent stairway is highly encouraged, as bluff vegetation is easily damaged by foot traffic and is essential to holding soils in place. Therefore, no paths should be created down the bluff face to provide access to the beach as this would destroy vegetation, channel storm water runoff and cause soil erosion. Next, vegetat:ion die off can from numerous causes: naturally, from deer trails, disease. Since vegetation is critical to bluff stability any vegetation die--{)ff whether natural or human caused should be repaired (with the above planting recommendations) as soon as possible in order to prevent bluff instability. Lastly, as pools pose their own threats to bluff stability, the following are preventative measures, which should be adopted during pool installation and management. First, care should be taken to prevent compaction of the soil during construction. Soil compaction on construction sites is a common occurrence due to the weight of machinery and equipment constantly running over wet soil. Secondly, to protect bluff stability, CClTIstnl('rion equipment should not be al!o\ved to travel near the bluff's edge. Finally, due to the close proximity of the house and pool to the bluff, and the slope of the yard, efforts should continually be made to protect the bluff integrity from pool water. Pool water should never be discharged directly on the ground, over the bluff face, or piped towards the bluff due to the erosive damage that such a large quantity of water could cause to the stability of the bluff. Therefore, dry wells/leaching basins should be installed during the construction of the pool to allow for proper disposal of pool water. As you already are aware, proper pennits must be obtained before any restoration activities occur on a bluff. The New York State Department of Environmental Conservation ((631) 444,0355 on Monday, Wednesday, and Friday), and the Army Corp. of Engineers ((212) 264,5489) should be contacted for the appropriate permit applications. \Ve cannot stress this enough, as any construction that occurs wit.hout such-permits can lead to hefty fint'sBRthe State and Federallevel.- As you are aware, bluffs are dynamic environments and erosion can occur at any time from natura] processes and/or human activities. Albeit, the above measures can serve as aaproactive means to usurp expensive and potentially irreparable bluff erosion. If you have any questions regarding our site visit and information provided, please do not hesitat.e to i .5-hJ f- . Z .. ~ -1 0", \J\\ll ~ "'. ~~ \II 111 r ~ 'to \ll .,. i~ ~ ~'l>- :< G'~ ~ Z\ll '<'it In '? ~~> J"'. :=:\Ja \.Il .>>~11 tJ &~~ ~ '\~ - _~ 111 -< \ \ ~ "~ \\ s,,6q/v/ '- s"" Slo" Ot /7 ',-------.I...I^-II o/k. c ... 't; S I"'f.c ~ ~~~ Ol.ll?t:y ~Ster,., 6~A~ ~"'_. """'.""'''_ Ii" ., s!'Or _' '-D" Co ~~~ 'Vo eS'1 , ~I~J''X Iotv~~ . 40.<; ~~~tv,,;;:~~~ ~~':D(f."'t.\,<> l " iJ.J ~ ~ , ~ ., ""'.7" I~' "1/ -----... z '~.9' ----:.~ -----... s,,;... . '""'QI'vt S/ol') ... '-Ot " .3 :<;Ockc oVe is Sl:qt es" ~ . TOTAL sa. FT. OF LOT " 45,569 sa. FT. AO.<Xl ~b:Z'es' 'v ~~ '~~ . EXISTING sa. FT. OF ElUILDIN65 ON PROPERTY = 9,515 sa. FT. . PROPOSED INCREASE OF ElUILDINf.So COVERAGE " 512 sa. FT. . TOTAL sa. FT. OF SUJLOIN65 " 4,02; sa FT. . PERCENTA6'E OF GOVERA6E OF LOT BY BUILDINO AREA 4,02"'1 50. FT. . 45,5f>9 sa. FT. " e.e% El~~$ET ..~1"Ot.tC) A_$TAlQ!!eI" j._STAlQ!fOl,IN[;I Y Dung & Y Dung 400 Ostrander Avenue. Riverhead, New York 1/901 631-727-2303 Howard W. Young, Land Surveyor Thomas C. Wotpert, Professional Engineer Robert C. Tast, Architect Ronard E. Pfuhl., Landscape Architect Douglas E. Ada71l8, Professional Engineer NOTES AREA" 45,563 SQ. FT. SUElDIVISION MAP "ROCKC.OVE ESTATES" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON JUNE II, :2001 AS FILE NO. 10697. . SURVEY AMENDED MARC.H 28, :2006 TO INDICATE PROPOSED SI^IIMMING POOL ONLY. SLJRVEYOR'S C.ERTIFICATION ~PvL IA.{. SlJRVEY FOR ROBERT SEELEY 4 BARBARA SEELEY LOT 4 "ROCKC.OYE ESTATES" At 6r....nport, To"n 0' Southold 5u"olk County, N.." York Gount,:! Tax Mop Dist;kt 1000 Section 33 Slock 03 Lot 1<::r.o4 POOL PERMIT SURVEY ~05ED POOL FINAL 9l./RVJ;Y FaJNOATION LOCATION ADDED COASTAL EROSION HAZARD LINE AMENDED PROPOSED HOUSE t 6AR.A6E MAP PREPARED SCALE: 1"=50' .JOB NO. 2005-0444 DH6. R.G_004---.2009~0462_bp-pool MAY 24, 2006 MAR. 2&, :2006 NOV. 2,:2005 SEPT. 2.2, :2004 MAR. 2S, .2004 MAR. 15, .2004 SEPT. 26, 2009 BP i!!i! ,q !I'I ,.1. "f;~~ !ili o !II ;'11 II' 'I'!' I'i ,. "I' ", i~!1 .~, i!"l2e "Ii :12 .m lib ~!U!i !i~S~ I'li ,I"~ i~-; . ! o I.j !il 'l,i I II !Ill l.i; 't.!;e "'I !. o lib I." !~!I 1_'1 '-'. lh~ !I'I .,1 o fi"~~ ~~:~ i!'~ ,,16 "Il ',' ,II! "il