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Home My WebLink About1000-81.-2-5PLANNING BOARD MEMBERS JERILYN 13. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave. ) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Re: MEMORANDUM Jerilyn B. Woodhouse, Chair Town of Southold Planning Board Mark Terry, Principal Planner LWRP Coordinator APIt 1.8 April 17, 2007 Proposed Standard ~u*mws~on oxtall runes at Paradise Pmnt SCTM# 1000-81-2-5 Zoning District R-80 This proposal is for a Standard Subdivision of a 19.825-acre parcel into six lots where Lot 1 equals 40,57l s.f., Lot 2 equals 40,436 s.f., Lot 3 equals 40,337 s.f., Lot 4 equals 40,070 s.f., Lot 5 equals 40,070 s.f. and Lot 6 equals 15.2 acres of subdivision open space that will be perpetually preserved through an Open Space Conservation Easement, in the A-C Zoning District. 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. The property contains remnants of Eastern white pine (Pinus strobus) forest. Historically prevalent, this community is now rare in Southold and valuable. The Eastern white pine is considered one of the most valuable tree species in the North America. A Phase 1A/B Cultural Resource Assessment has been conducted with no significant findings. Public water is proposed to serve the lots. Waste is proposed to be disposed via subsurface private septic systems. The northeast comer of Lot 5 is located within Flood Zone AE Elevation 8, a Special Flood Hazard Area; to further Sub-policy 4.1, "Minimize losses of human life and structures from flooding and erosion hazards," the following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. To further Policy 5, "Protect and improve water quality and supply in the Town of Southold" and protect and improve thc water quality and supply in the area, it is recommended that thc following best management practices be required: 1. Require the use of gutters, leaders and subsurface drvwells to retain surface runoff. 2. Require the use of native plants and encourage the use of disease-resistant and drought- tolerant plants in landscaping. 3. Require pervious driveways to serve each lot. Additionally, where fertilization is proposed, the following best management practices are recommended for lawn areas: 4. Prohibit the residential application and use of synthetic pesticides and fertilizers capable of entering the potable water supply. 5. Prohibit the application of any pesticides and fertilizers within 100 feet of the freshwater and marine wetlands. To further Policy 6, "Protect and restore the quality and function of the Town of Southold ecosystem", it is recommended that the following best management practices are required: 6. Require the establishment of a perpetual 100' setback from the building envelope/structural area to the freshwater and marine wetlands boundaries. 7. Require that a perpetual 100' non-disturbance vegetated buffer landward from the freshwater wetland and marine wetland systems boundaries be established. Grading of soil to affect the natural grade of the area or mowing, cutting or trimming of vegetation or any other activity that would cause the death of vegetation should be strictly prohibited within the buffer areas. 8. Lot 5 encompasses a sloped area with elevations ranging from 14 NGVD to 3 NGVD. In addition, the northeast comer of the lot is located within Flood Zone AE, elevation 8. It is recommended that clearing of vegetation or grading east of the 10 foot elevation contour be prohibited. This restriction would preserve existing natural slopes and the Eastern white pine trees on the lot. Due to the high quality of the Eastern white pine forest on site, it is recommended that the Board require the maximum clearing limits for alLlots and require the inclusion Eastern white pine trees stands be included within the areas that will not be cleared. Further, it is recommended that individual Eastern white pine trees located within lot areas be perpetually preserved. 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. Protect vulnerable plant species. 2. Review existing species records and field survey proposed development sites, at the appropriate times, for the presence of listed species or conditions that meet their habitat requirements. 3. Protect habitat identified by the occurrence of a listed species during all stages of their life cycles. 10. It is recommended that the Board require a survey of protected plant species durin~ optimal growing conditions. To further sub-policy Policy 9.1, Promote appropriate and adequate physical public access and recreation to coastal resources", the following is recommended: 11. Require that the applicant establish a pedestrian trail through the property to link the Peconic Land Trust Shellfisher Preserve with the Cornell Cooperative Extension Facility. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the LWRP, provided that the above recommendations are required in the subdivision approval to the furthest extent practical. Cc: Anthony Trezza, Senior Planner WILLIAM C 6GGGINS PC GOGGINS AND PALUMBO ,4 ttortleys cttl¢l (_,'ot, ula'¢loP,¥ al L{zH; 13105 Main Road, P.O. Box 65 Mattltuck, New York 11952 T[~LI2I'i tCNL' ~31 ^29S-410U ' FAX 6) 1-298-4114 I,rAC$11HILI; TRANSMISSION COVER 81'[EET'~'''--~-: ........... ~ ........ ,, DA, FROM: f/ /' William (l Gog§ins~L.-~thoay I'1. I-'uhJnll~u Dolllla ~'[, I'almor Elaine T. Vilhmo TO: FIRM: liE: IF YOU DO NOT itECI.f, iVE ALL OF Tlilg PAGES 1 I_,EASE CALL OUR OFI;'ICE I'I{OblI"I'LY AT (631) 298-4200 COMMLN S. DOCUMENTS ENCLOS.I~D: {dUNIrJUIEI~CI'LALII ¥ NO'I'I~/ The {lot.umliS accgmlmliyhlg 0ils fneslmlle 04/1G/20~7 08:89 6312.qBd211 WILLIAM O ~?' 1~ PO0'7 ~i~PM MILLER EM~IROMME;~T~L ORP S~i~B~4-~O~ p.~ A. Rgs~IX~UCTION$ I. A~I appl~c-,,~ for p~im~ indu~ and other nff~t~i~ p~i~ not I~ted w~n 2. Be~r~ ~s~g ~ qu~om in ~[~ law. Th~ ~ ~'~ six (6) loc ~ubdivisioll of PRoperty 04i1,$/20~7 0~:~S 63129~4211 UILLIAM C, GOGGIi',I$ F'C PAGE 03 Sit~ aa~age:. 900 Paradise Point Road If a,~ applle~lqm For the .rrm,r~ed act/on has bern filed with the Toxwt of Southol~ agency the follovrlng iuf~rmatioa shell be provided: Name. of applieam: Mailing address: 305 B~ook Lam~ Suuthold~ New York 11971 (¢) Tek!o~.one number: Area Code ( )_63 ~ -Tt, 5- 6 ~ ~ 7 (d) Applica6on nu~, if ~, Will the ~ior, be d~y ~e~ r~ ~din~ ~ a~ov~ by a ~te or ~ ~cy? Y~ No~ C. Evahutte the prO, eot to the ~oilowing polio/es by analyzillg how the project will furlher support o:r n~ support thc polici~, Provide ali propogtd Best ]Vlan~ement Practices that will further each poll,~', Incomplete answers ~ require that the form be returned for completion, DEVEL,~D CO.4~T POLICY Po[icy I. Foster a pattern of development/n t.he Town of Southold that enhances commmit~ charlete r, ~t~es ad~rse e~eet~ of~x,e~pment. See LW~ 8e~n HI - Pol~le~ Pn~ 2 for ev~s~n eriteria, A~eg~h ar~t~ticmal ~'aec~ !f ."lee~.sRry POIfcy 2. P~tect nnd preserve historic smd nrchneolo~ic~ resources of the T~ of ~d, ~e LWRP ~etloa 111 - Poi/de~ Pages ~ ~rott~ 6 for evslun~n criteria ~ Y~ ~ No ~ Not AppU~ble Yes, ~n archaao!ogical revie~ of the property dete~ined no hi~coric or archaeological resources a: cha prop~r~y. Policy 3. Enl~auce ~isual quallt7 and p~ ~c re~ou~s ~u~out the To~ of ~u~ld. See LW~ S~on HI - POH~ ~ges ~ ~ 7 for evaluation ~a ~ Y~ ~ No ~ N~t App~able NATURAL CO~kST POLICI]~.S Policy 4, Minimize I~s of ltfe, structures, and nnturnl resources from floodi~ and erosion. See LWRP Section HI - Polleiss Pug~ 8 through 16 for evaluation criteria I~][Cy 5, ~t~ and ~p~ wstff qu~i/y ~d su~ly I~ the To~ of ~dd. ~e L~ S~o~ III- PO~io P~ 16 Chr~ 21 for evMu~on criter/m ~ Yes ~ NO ~otAppGcable Policy 6, Protzct and re~tore the quality and function of the To~ of Southold ~ ~elu~ng Si~t~nt C~ ~sh ~d Wildlife Habi~ ~d w~l~ds, S~ LW~ S~ou llI -Port.ss; ~ 22 ~rou~ 32 for evaluation crkor~. 08:09 63i29S~21i ~ILLIAM C GOGGINS PC No X ~otA~plieab~ Pag~ 32 t~ou~ 34 f~ evaluation Policy 8. M~ ~vironm~mi ~dafi~ in Town of Sou~ld f~m ~id wa~e nad PUBLIC COAST POLICI'~S Po]icy 9. Provide for public neee~s to, and recreational use of, coastal waters, public ]ands, at~d pubUc ~esources of the Town of Southald. See L'*VRP Section ill - Policies; Pages 38 tbrae&b 46 for evaluation crlterla, [] Ye~ No [] Not App[~cnble 0,~/17"2~.g~ 0~:0'~ 631~4211 WILLIAM C c~OGGINS PC PAGE WORKIN~ COAST POLICIE~ Polic~ {.0, ProTect $outhoid's ~Vatet~dep~.nd~ut ~ ~d ~te ~ of ~ wat~d~ usf~ in ~able I~fl~s, S~ L~P Sccfloa III - Politic; Pages 47 throu~ 56 for evMuntion ~. Po]icy IL Pin)mote s~stainable use of living marine rt~uurce~ in Lozm~ Island Sound, the PoColmic E4tuary aild Town ~term. See LWI~ Section !II - Polieieg; I'ag,~ $7 through 62 for evaluation criteria. [] V'$ [] No [] NotAppltcab,¢ Policy 12. lhcot~ct agrlcnlturai lash In ~e Town of Sou~ld. ~e 62 ~u~ ~ for ~uaHon ~ Ye, ~ NO ~ Not Applicable A~tl additt0u~l ~hee~ if ue~swy PoJ{cy 13. Prom~le appropriate use and development of ~er~ mud ~erM ~. S~ L~]? Section HI - Po~ci~; Pages ~ ~u~ 68 f~ ev~ua~on ~. PRE~A]U~D BY William TITLE Attorney for '-,~ppiicauk" DATE 4_13_07 Town o.~ .Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi'ont 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. 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). 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 LWRP policy standards and conditions. 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 (southoldto~vn.northfork.net), the Board of Trustees Office, the Planning Departm_e_n_t~ libraries and the Town Clerk's office. ~ DESCRIPTION OF SITE AND PROPOSED ACTIONi SCTM# 1000 81 02 05 The Application has been submitted to (check appropriate response): TownBoard ~] Planning Board [~ Building Dept. ~ Board~fTrustees~-~:_~_--~-~-~.:'. 1. Category of Town of Southold agency action (check appropriate (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land trans~cti~ (b) Financial assistance (e.g. grant, loan, subsidy) '~O L~ Pemfit, approval, license, certification: ~ . ' c [-~ Nature and extent of action: ~1 'lf~ L.LIII~ -\ ' Location of action: 900 Paradise Point Road Site acreage: 19.825 acres Present land use: Vacant Present zoning classification: R-80 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Vincent Orlando/Paradise Point Holdin~ Corp, (b) Mailing address: 305 Brook Lane Southold, New York 11971 631-765-6597 (c) Telephone number: Area Code (). (d) Application number, if any: 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?~ C. 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 LWRP Section Ill - Policies; Page 2 for evaluation criteria. Yes ~-] No [] Not Applicable Attach additional sheets if necessary 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 ~ Not Applicable &ttacll a~ditional 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 Yes ~ 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 [~ No [] Not Applicable Attach additional sheets if necessary 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 ~-] Yes ~ No ~ Not Applicable 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 LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes [] No [] 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. ~'~ Yes [-~ No ~-] Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No [] 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. [] Yes V-~ 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. [~ Yes [] No ~ 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 LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~-~ Yes ~ No [] Not Applicable 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 ~ No ~--~ Not Applicable Attach additional sheets if necessary 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 ~-] Not Applicable Created on 5/25/05 11.'20 AM