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HomeMy WebLinkAbout1000-31.-13-4 , WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 v ,# PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) South old, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTH OLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner - . / L WRP Coordinator ~ Date: December 20, 2005 Re: Amendment to Permit #5901 W. Bruce Bollman SCTM#1000-31-13-4 W. BRUCE BOLLMAN requests an Amendment to Permit #5901 to move the footprint of the dwelling 2.6' to the east, abandon the existing septic system and install a new septic system, and requests a Coastal Erosion Permit to allow for the construction activity in an approx. 108 sq.ft. section seaward of the CEHA. Located: 1755 Truman's Path, East Marion. SCTM#31-13-4 The structure currently exists and is located in flood zone "X", an area outside of the 500 year flood zone. The Applicant proposes gutters and leaders into four subsurface drainage systems to control surface runoff generated by the structure. A pervious driveway is also proposed The land area seaward of the proposed structure consists of several existing erosion control structures which include: two wood retaining walls and a wood bulkhead. No other shoreline hardening structures are proposed The proposed structure will be served by public water. The applicant proposes to replace the existing septic system with a new-septic system. The expansion pool within the existing septic system is located 74' from the top of bluff line demarked by the (6.3 wood wall). The proposed action has been reviewed to Chapter 95, 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 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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the L WRP provided that the applicant demonstrates that the following policies are applied to the greatest extent possible prior to issuance of any permit. Policv Standard 4.1 Minimize losses of human life aud structures from flooding aud erosion hazards. ,f ,I The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A, Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards, L Avoid development other than water-dependent uses in coastal hazard areas, Locate new development which is not water-dependent as far away from coastal hazard areas as practicaL a, No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 50S,S, b, Avoid hazards bv sitin!! structures to maximize the distance from Coastal Erosion Hazard Areas. Policv Standard 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. B, Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: I, exceed applicable effluent limitations, or 2, cause or contribute to contravention of water quality classification and use standards, or 3, adversely affect receiving water quality, or 4, be contrary to Phase III of the Long Island Sound Study's Nitrogen Reduction Plan which calls for a 5S,5% Sound-wide reduction in nitrogen levels, C Ensure effective treatment of sanitary sewage and industrial discharges by: S, providing and managing on-site disposal systems: a, use on-site disposal systems only when impractical to connect with public sewer systems, b, protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c, encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, d, encourage the use of alternative or innovative on-site sanitary waste systems where development or redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands, To further the intent of Policy 5.1 and 6.3 A which states; " J A. Comply with statutory and regulatory requirements of the Southo/d 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. It is recommended that the Trustees require that the septic system be relocated to achieve a 100 setback from the top of bluff line pursuant to Chapter ~ 97-12. Findings; purpose; jurisdiction; setbacks, unless the Trustees at their discretion deem it appropriate to grant a variance from this requirement, which is wholly within their jurisdiction. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. HARVEY A. ARNOFF Attorney At law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Michael P. Sendlenski Parale2al Colleen Grattan-Arnoff, R.N. November 21, 2005 Fax No.: (631) 727-3940' *Not for service of legal papers Of Counsel George F. Biondo John A. Maclachlan Town of Southold, Board of Trustees clo North Fork Bank Town Hall Annex Building P.O. Box 1179 Southold, New York 11971 Re: W. Bruce Bollman, Applicant LWRP Consistency Assessment Form SCTM #31.13-4 r\G) i:~J~~-J' :-_!'C(-\ \. , , , NOV 2 2 2UO:> i.. \ \~ ,__._J \ ::',-,'1\ \ ','C-"'" ...-._--;.~: ,,~~.::-_._-_.... ;' i I i 't Co . -.---.-......: Gentlemen: Enclosed please find LWRP Consistency Assessment Form and rider attached thereto regarding the above-referenced matter. Would you kindly provide us with your evaluation of same. Should you require any further information or documentation, please do not hesitate to contact the undersigned. Very truly yours, MPS/db Enclosure cc: Mr. W. Bruce Bollman ' John Bertani Builder,inc.' l/t ~~~\ MICHAEL P. SENDLENSKI , FROM : SOUTHOLD TOWN PLANNING BOARD FAX NO. 631 765 3136 Nov. lB 2005 11:50AM Pi " Town {If Soulhold ~ LWRP CONSISTENCY ASSESSMRNT FORM A. INSTR\JCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of South old Waterfront Consistency Review Law. This assessment is intended to supplement other infonnation used by a Town of Southold agcncy 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 thc 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 DroPOsed 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" or "no", then the proposed action will affect the achievement of the L WRP policy standards and conditions contained in the consistency review law. Thus.. each answer mllst he explained in detail. listinl! both sUPDortine: nnd non- supportiol! fncts. 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 thc Town of South oJ d's website (southoldtown.northforknet), the Board ofTmstees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRlPTION OF SITE AND PROPOSED ACTION SCTM# 31 13 4 PROJECT NAME W. Bruce Bollman The Application has been submitted to (check appropriate response): Town Board c:a Planning Board G Building Dept G Board of Trustees 0 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) G G (b) Financial assistance (e.g. grant, loan, subsidy) (c) Pennit, approval, license, certification: o Nature and extent of action: Application for a coastal erosion permit to allow for construction activity seaward of the coastal erosion zone for a one family dwelling to be constructed which will be landward of the coastal erosion zone. FROM SOUTHOLD TOWN PLANNING BOARD FAX NO. 531 755 3135 Nov. 18 2005 11:51AM P2 ~ Location of action:~7 5 5 Trumans Pa th ~Cl.S..t... Mi'l r; nn,..--N&W-YoH -- Siteacrcage:___ 9878.29 sq. ft._____----- one family dwelling (now demolished) and detached Present land use: two car garage , I 'fi t'. Residential Present zonmg c assl lca lon, 2_ If an application for the proposed action has been filed with tbe Town of Southold agency, thc following information shall be provided: (a) Name of applicant: W. Bruce Bollman (b) Mailing address: 208 Main street Greenport, New York 11944 (e) Telepbone number: Area Code ( ) 631-477-0023 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 0 NO!!] If yes, which statc 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 POLlCY Policy 1. Foster a pattern of development in the Town of South old that enhances community character, preserves open space, makes efficient use of infrllstructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section IIl- Policies; Page 2 for evaluation criterill. []Yes 0 No 0 Not Applicable See Attached Schedule Attaeh additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section III - Polide'! Pages 3 through 6 for evaluation criteria G Yes G No [i] Not Applicable SEE Attached Schedule FROM SOUTHOLD TOWN PLANNING BOARD FAX NO. 631 765 3136 Nov. 18 2005 11:52AM Pi r Attach additional sheets if necess.ry Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI - Policies Pages 6 through 7 for evaluation criteria G Yes G No [2B Not Applicable See Attached Schedule 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 ca Yes G No 0 Not Applicable See Attached Schedule Attach additional shoets if necessary Policy 5. Protect and improve water quality and supply in the Town of Soutbold. See LWRP Section m - Policies Pages 16 through 21 for evaluation criteria QB Yes G No GNot Ap'plicnble See Attacned Schedule Attach additional sheets if necessary Policy 6. Protect and restol"e 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; l'nges 22 tbrough 32 for evaluation criteria. [!j Yes CO No G Not Applicable See Attached Schedule rROM SOUTHOLD TOWN PLANNING BOARD FAX NO. 631 765 3136 Nov. 18 2005 11:53AM P2 , Attach additional sheets ifnecessary 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 No ~ Not Applicable See Attached Schedule 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. [ches 0 No ~ Not Applicable See Attached Schedule 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 SOllthold. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. G YesD No[!] Not Applicable See Attached Schedule Attach additional sheets if nocessary WORKING COAST POLICIES FROM: 'SOUTHOLD TOWN PLRNNING BORRD FRX NO. : 531 765 3135 Nov. 18 2005 11:53RM P3 , Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent IIses in suitable locatiolls. See L WRP Section 1I1- Policies; Pages 47 through 56 for cvaluatioll criteria. G Yes 0 No [iJ Not Applicable S€!e ~ttach",d Sc!:tednl'" Attach additional sbeets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconlc Estuary aDd Town waters. See L WRP Section III-Policies; Pages 57 through 62 for evaluation criteria. ~ Yes 0 No G Not Applicable See Attached Schedule Attaeh addition.l sheclS ifneeessary Policy 12. Protect agricultural lands ill the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [!J Yes 0 NoG Not Applicable See Attached Schedule Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See L~ Section III - Policies; Pages 65 through 68 for evaluation criteria. [!J Yes 0 No ca Not Applicable See Attached Schedule A...........~-r!:-- I'REPAREDBY;'l,' ~I SerJ/f'I1{,k' TlTU f- 5Q DATE~) UtJ d((.'ces ~ If/t/lYEv 1l/2-(l1',? Amended on 811105 )...()c, ~oo--;VoJ::-e Ave-- . R~JeAe...J/ NY 1170/ RIDER TO PART C 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 rebuild an existing location upon the same dimensional footprint as the previously existing building on the location was constructed. This preserves the community character of the Town of Southold and it preserves other open spaces while rehabilitating already developed areas. The instant 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 infrastructure in place. Policy 2. Policy is not applicable to present application as the present structure was not historical and there were 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 redevelopment of an already existing business/home. While the applicant believes that it is a major esthetic improvement over the previously existing one family home, this is totally a subjective determination and there is neither a decrease or increase in the visual quality and protection of the scenic resources. NATURAL COAST POLICIES Policy 4. The instant application applicability to minimizing the loss of life structures and natural resources from flooding and erosion is not applicable to the instant application as the instant application simply seeks to reconstruct a one family dwelling on an already existing footprint. 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 instant application protects and approves 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 instant application protects the quality and function 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 instant application will not protect and improve air quality in the Town of Southold nor will it decrease or impair the air quality in the Town of Southold. The reconstruction of a single family home will have no measurable impacts on air quality. Policy 8. The instant 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 POLICIES Policy 9. The instant application does not provide for public access, to and recreational use of coastal waters, public lands, and public resources of the Town of Southold as it is a redevelopment of a single family home. WORKING COAST POLICIES Policy 10. The instant application is not applicable to maintaining or protecting South old'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 instant project promotes sustainable living marine resources in the Long Island . , . Sound, the Peconic Estuary and town waters by providing for improved dry well capturing of gutter leaders, roof runoff which prevents possible point source pollution which could negatively affect ecosystems and habitats. The instant application exceeds the configuration of the previously existing house as it provides better protection for roof runoff recapture. Policy 12. The instant application protects agricultural lands in the Town of Southold by redeveloping already developed parcel instead of developing "virgin, natural, undeveloped or agricultural lands". Policy 13. The instant application promotes appropriate use and development of energy and mineral resources in that the new construction and redevelop many of this single family house uses 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.