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HomeMy WebLinkAbout1000-33.-3-19.4 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: James Dinizio, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: March 28, 2007 ZBA File Ref. No. 5912 (Seeley) SCTM#1000- 33-3-19.4 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. 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 LWRP. I Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. 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. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The revised proposed location of the pool is +/- 72.66' and the proposed brick patio is 63' from the top of bluff line; a minimum setback distance of 100' is required pursuant to Chapter 275, Section 275-3, D and a minimum setback of 100 feet is required by Article XXIII Section 280- l16A of the Town of Southold Town Code. Please require that the applicant amend the application to meet the above policy to the greatest extent possible, Note that the applicant does not show a pool de-watering drywell. Please be advised that the proposed action is subject to the Declaration of Covenants and Restrictions dated February 12, 2001 (See clause 11). Pursuant to Chapter 268, the Zoning Board of Appeals 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. Eno. 'P.O. Box 154.7 Ri,rerh~ad, t',Pf 11901 CHARLES R. CUDDY ATT~,- RNE ~. AT 445 GRIF?'ING AVENUE RIVERHEAD, NEW' YORK TEL: {631 t 369-8200 F.kX: 1631136q-90S0 E-mail: crcuddy~,e~rthknk.net March 14, 2000 F~ND DEL/VERED Planning Board Town of Southold 53095 Main Road Southold, N~ 11971 Re: Ro~=ove Estates Gentlemen: We are enclosing a certified copy of the recorded- Declaration of Covenants and Restrictions in the above subdivision. As indicated, the Declaration was recorded with the. Suffolk County Clerk on March 8, 2001. Very truly yours, Charles R. Cuddy'~ Encs. CRC:cg and between SAL CAIOLA and BENNY CAIOLA, JR., both~aving a mailing address at 230 East 85th Street, New York, New York 10028-3099, hereinafter referred to as the DECLARANTS: WITNESSETH : WHEREAS, the Declarants are the owners in fee simple of certain real property situate at Greenport, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 33, Block 3, Lot 19, and more particularly described on the annexed Schedule A, and WHEREAS, for and in consideration of continuing the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of $outhold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarants have oonsidered the foregoing and has determined that same will be in the best interests of the Declarant$ and subsequent owners of said lots, NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots within said subdivision map shall (10) foot Lots 1, 2 directly, approvals. hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executor~, legal representatives, distributees, successors, and assigns, to wit: 1. A Homeowners Association to be created for Rockcove Estates subdivision will improve and maintain the roads and road drainage structures and facilities and provide for upkeep of same until accepted by the Town of $outhold. The Homeowners Association shall also own the beach property to the north of Lot 3, from the southern edge of the walkway down the bluff face to the high water mark, together with the walkway located between Lots 3 and 4. There shall be no vehicle access, or parking allowed within the ten wide walkway providing access to'the beach property. and 4 shall have the right to access the water front subject to obtaining all applicable permits and 2. The use and development of that portion designated as Open Space Easement Area on Lot No. 19 of Rockcove Estates subdivision, will forever be restricted to some or all of the following: a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap bea~s, cabbage, carrots, beets, cauliflower, broccoli andonions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; b) Open fallow; c) Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board; d) Landscaped, wooded areas with lanee, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 3. The following shall be adhered to on that portion of Lot No. 19 outside the Building Envelope whidh is designated as Open Space Easement Area for the purposes of preventing the loss of the aesthetic open space and the agricultural value of said premises: a) If at any time the ownership of the area shall change, or the use of the area shall be changed from the use present at the time of subdivision approval, (fallow farmland) or any subsequently approved use, to any other type'of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. then comply in all respects to this report, compliance with all updates of the report. shall have the right to require updated necessary. The farming practices shall and shall remain in The Planning Board reports when deemed b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. e) No streets, roadways or other right of ways for non-farming vehicular use shall be constructed or granted thereon. f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed, destroyed, cut or removed therefrom. g} No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises. h) The said premises will forever be'kept open and free of all signs, bill boards or other forms of visual advertisement of display. i) Ail structures, whether temporary or permanent, shall be located within the building envelope for Lot No. 19 as designated on the final subdivision plat for Rockcove Estates. Temporary or permanent structures (including but not limited to fences) which are deemed reasonably necessary as accessory building or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval. j) Retail sales shall be restricted to the sale of items produced on the property, .and shall be subject to Planning Board approval. 4. a) The drainage easement area located on Lot 19 shall not be obstructed in any manner; b) The Homeowners Association created for Rockcove Estates subdivision shall have the right to use the drainage easement area to access the recharge area if the roads and drainage area have not been dedicated to the Town of Southold. The Town of Southold shall have the right to use. the drainage easement area to access the recharge area if the roads and drainage area have been dedicated to the Town of Southold. 5. That the. Declarants reserve the right to the exclusive use and possession of the area known as the Open Space Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarants or future owner(s) may exclude the general public or any designated person or persons from the use of or entry upon the said Open Space Easement Area, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance and determine that the covenants, terms and provisions herein have not been violated, such inspection to be performed at reasonable times. 6. Access to proposed Lot 19 shall be from Homestead Way only. There shall be no vehicular access permitted from lot 19 onto C.R. 48 (Middle Road). 7. There shall be no on-street parking on any street within the Rockcove Estates subdivision. 8. There shall be no further subdivision of'any lot within the subdivision in perpetuity. ~ 9. No sanitary disposal facility shall be installed or constructed within 100 feet of the top of the bluff. 10. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner. 11. No grading shall be permitted within 100 feet of the top edge of the bluff except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. 12. All lots will be required to have individual test wells prior to approval to construct. Any lot which does not meet the water quality standards shall not be built upon until public water is available. 13. The owner shall connect to public water when public water becomes available. 14. There shall be no transfer of any of ~he lots prior to the installation of dry water mains and without an acceptable test well. 15. The Declarants grant the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to ensure continued compliance with the covenants, terms and provisions designated herein in regard to same and to ensure that such covenants, terms and provisions have not been violated. 16. Declarants grant the continuing right in perpetuity to the Town of Southold, any of its.designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shsll be binding upon Declarants, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 17. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Dsclarants above named have executed the foregoing Declaration the day and year first above w~-i~en~ STATE OF NEW YORK ) ) ss.: OF SUF O , ) On the /~da,y of ~~" in the year 2001, before me, the undersigned; persona'ii, appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the 7~J--day of ~~. - ~in the year 2001, before me, the undersigned, persona~y appeared BENNY CAIOLA, JR,, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon beh/41f o~ which the individual acted, executed the i~st, ru~ent., /~/1 I/ . C SCHEDULE A DESCRIPTION OF PROPERTY FOR ROCKCOVE ESTATES ALL that certain plot, piece or parcel of land situate, lying and being near Greenport, in the Town of Southold, County of Suffolk, New York, bounded and described as follows: BEGINNING at a concrete monument set on the Northerly line of Middle Road (also known as North Road) at the Southeasterly corner of land now or formerly of Keough and the southwesterly corner of the premises herein described; Running thence along said land of Keough two courses as follows: 1) North 18 degrees 00 minutes 40 seconds West 200.00 feet to a concrete monument, thence 2) South 71' degrees 28 minutes 20 seconds West 50.00 feet to a concrete monum%nt set at the northwesterly corner of said land of K~ough; Running thence through the land now or formerly of Burt in a Westerly direction South 69 degrees 05 minutes 00 seconds West 164.88 feet.to the easterly line of land now or formerly of J.M.S. Land 9nd Development Corporation at a point on said boundary line ~h~ch is 200 feet northerly from the northerly line of Middle Road; Running thence along said land of J.M.S. Land and Development Corporation the two Courses as follows: 1) North 14 degrees 43 minutes 20 seconds West 508.54 feet; thence 2) South 69 degrees 06 minutes West 125.70 feet to a concrete monument and land now or formerly of H.J.S. Land and Development Corporation.; Running thence along land last mentioned two courses as follows: 1) No~th 20 degrees 24 minutes 50 seconds West 343.75 feet; thence 2) North 15 degrees 14 minutes 40 Seconds West 1,186.15 feet to the ordinary high water mark of the Long Island Sound; Thence alopg the ordinary high water mark of the Long Island Sound on a tie line course bearlng North 53 degrees 19 minutes 20 seconds East 644.22 feet to the northwest corner of land now or formerly of Eastern Shores; Thence along land last mentioned two courses as follows: 1) South 14 degrees 44 minutes 50 seconds East 415.0 feet; thence 2) South 1!5 degrees 55 minutes 50 seconds East 1,861.79 feet to land now ct formerly of Monroe S. Butt; Thence along land last'mentioned, alonq land now or formerly of Austin C. Burr two courses as follows: 1) South 71 degrees 28 minutes 20 seconds East 152.73 feet; thence 2) South 15 degrees 54 minutes East 150.0 feet to said Northerly line of Middle Road; Thence along said northerly line of Middle Road, South 71 degrees 28 minutes 20 seconds West 92.61 feet to the point or place of BEGINNING. REr3]~DED 2001 Bar 08 05:50:24 Pit £duard P. Ro~,aine CLERK OF SUFFOLK COUf.-,'TY L DO0012!O~, P 5?5 STATE OF NEW YORK .?,OUNTY OF SUFFOLK SS: I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT DF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF, ; DEED LIBER /~/o/~ ATPAGE ~-?~5' RECORDED AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLAR'I~TIQN AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF-~ COUNTY AND COURT THIS ~ 7~/; DAY OF ,")7,9,¢-~-~ Moo Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 5912 (Seeley) Dear Mark: March 12, 2007 We have received an amended map for the pool location on the Seeley project; you had previously forwarded an LWRP reply dated June 27, 2006, a copy of which is also attached. Additionally, we have included a copy of the Soil and Water reply as well as the applicant's response thereto. Finally, a copy of the hearing transcript is also enclosed. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, JAMES DINIZIO, JR. JERILYN B. 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: Ruth D. Oliv a, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Date: June 27, 2006 Re: Senior Environmental Planner ZBA File #5912 (Seely) SCTM#1000-33-3-19.04 JUN 2 9 2006 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold 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 INCONSISTENT with the denoted following LWRP recommendations and Policy Standards and therefore is INCONSISTENT with the LWRP. The proposed action is inconsistent with Policy 6 for reasons stated below. 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 ~vith Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed location of the pool and associated structures is +/- 66. from the top of bluff line; a minimum setback distance of 100' is required pursuant to Chapter 97~ Section 9%12, D. Note that the applicant does not show a pool de-watering drywell. In addition see grading prohibition clause in the Covenant and Restrictions attached. enc. PLANNING BOARD MEMBERS JERILYN B. 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 MEMORANDUM To: James Dinizio, Chair Members of the Zoning Board of Appeals From: Jerilyn B. woodhouse, Chair Members of the Planning Board Date: March 21, 2007 Re: Covenants and Restrictions - Rock Cove Estates The Planning Board is in receipt of your request for a clarification of the restrictive covenant which prohibits grading within 1 O0 feet of the top of the bluff, except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. The proposed action is to install a swimming pool within the 100' area upon which the Covenant and Restrictions apply. The excavation of soil and the subsequent disturbance associated with the proposed construction of the pool would constitute grading and is therefore not permitted. The purpose of this restriction is to protect the integrity of the bluff, which can be significantly compromised if development is allowed to occur within this area. Therefore, the Planning Board finds that proposed action would be in violation of the Covenants and Restrictions. If you have any questions or need additional information, please contact the Planning Department. Cc: Kieran Corcoran, Assistant Town Attorney r % % · EXlSTIN~ 5(2. FT. · TOTAL 5(2. FT. OF Lot, = 4~3 5(2. Ft. = 3,.~1~ .3~. FT. = 362 5(2. FT. Young & Young 400 Ostrander Avenue, Riverhead, New YOrk 7190! 631-727-2303 , Howard W. Young, Land Su~'ueyor l Thom~ C. Wolpert, ProfesMonal Engineer Robert C, T~I, Architect I Ronald R. Pfuh~ Lan~cape Architec~ D~gl~ E. Ada~, ~ofes~onal Engine?r A~EA = 45,5~ 5~. FT. · 5UBPlMIblON ~AP "~OOKGOME ESTATES" FILE~ IN THE OFFICE OF THE tLE~ Of SUFFOLK COUN~ ON JUNE Il, 2001 AS FILE NO. I0~. · 5U~V~ A~NDEO NOV. ~0, 200~ TO INOIOA~ NE~ O~IENTATION OF ~O~O~E~ ~I~IN¢ POOL ONLY. LOT 4 "ROOKCOYE ESTATES" At tr¢¢nport,, to~n of 5out,hold ~f~olk Coun~.~l, Ne~ York T~X M~p District I000 Section ~ Block O~ Lot 1~.04 AI~iENI2E[2 P"f~2POSEI2 POOl AH~NDED FI~2PO~ED POOL I=I~OPOE'ED POOL FOU~ATION LOCATION ~D~ COAST~ E~ION H~A~ Ll~ NAP ~h~ NOV. 50, 200~ HAY 24, 200~ h4AF~. 2~, 200~ NOM. 2, 200.5 ~EI~F. 22, 2004 HA~. 23, 2004 HAFt. 13, 2004 ~. 2~, 200~ JOB NO' 2OO5-O'f d ~' BP DI'N~. Rc-OO4'_2OOB_O4~2_bp_pool February 5, 2007 Zoning Board of Appeals James Dinizio, Chairman Town of Southold P.O. Box 1179 Southold, NY 11971 CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phonelfax:631-878-8951 FEB I 2007 RE: Robert Seeley #5912 1250 Sound Drive, Greenport, New York SCTM # 1000-33-3 -19.04 Dear Mr. Dinizio: Enclosed please find 7 copies of a letter prepared by Douglas Adams dated January 22, 2007 that addresses the concerns raised by the Suffolk County Soil and Water Conservation Board relative to the bluff and purported erosion. Please note Southold Board of Town Trustees approved our request for a permit at their November 2006 hearing. We respectfully request that this matter be re-scheduled for the March 29, 2007 hearing. Very truly yours, ../Catherine Mesiano, President Enclosures YOUNG & YOUr~G 400 Oso'ander Avenue Riverhead ~l' )'ork 11901 Telephone 631- 727-2303 Facsimile 631-727-0144 admin!~lgungengineering, com HOI~4RD W. YO~WG, Land Surveyor THO.~Z4S C. WOLPERE Professional Engineer ROBERT C E4ST, Architect RON~4LD t~ PFUHL, Landscape.-lrchitec! DOUGL4S K ADAM~ Professional Engineer JanuaD' 22, 2007 Mr. & Mrs. Robert Seeley PO Box 386 Setauket, New York 11733 Re: Robert Seeley & Barbara Seeley Lot 4, "Rockcove Estates" At Greenport, Town of Southold, New York (2006-0345) Dear Mr. & Mrs. Seeley, It was a pleasure to meet with you in my office last month to discuss your concerns regarding the above referenced proper'o'. Pursuant to )'our request, I have recently walked your property- and made notes, observations, taken photographs and measurements regarding grading, drainage, and recent activities in an effort to determine the cause of bluffdeterioration and potential future erosion problems. Together with a topographical survey and final survey performed by our office on January 5, 2007, 1 offer the following comments: Residence: It appears that roof run-off is directed to sub-surface drainage structures to help minimize the potential for run-off reaching neighboring properties, front, rear and side yards, as well as the roadway. The driveway surface is finished as beach stone, which is highly pervious and also aids in the reduction of run-offto the roadway. It is also clear from the site visit and our survey that you have respected the setback requirements as depicted on the building permit survey and filed map for your subdivision. Although it is apparent the vegetation within approximate 35 feet of the top of bluff has been trimmed and pruned, the ground has not been disturbed, with exception of immediately adjacent to the new lawn. Planning Engineering La.d Surveying Architecture YOUNG & YOUNG Beach Area: The beach area immediately adjacent to the toe of the bluffat the subject property is significantly fortified with substantial boulders and exhibits elevations higher than those characteristic of adjacent properties. This is important in that a reasonable assumption can be made that the bluffbehind the beach is protected from the headward erosion commonly caused by the wave action of winter storms. Bluff.' The bluff face itself appears to have been the subject of man-made or animal-made traffic in years past and has resulted in the establishment of pathways on the slope face. Figure 1, in the appendix, represents an aerial photograph taken in 2001, prior to the construction of the subdivision. The photograph clearly illustrates the existence of the "gullies" mentioned by the Soil & Water Conservation District, SWCD, recommendations of July 6, 2006. These eroded areas existed prior to any construction and is most likely not the result of water run-off from the residential site, as suggested. A topographical survey further supports this assumption and goes a step farther suggesting that no significant run-off breaches the bluff. Figure 2 depicts the same area in 2004. It appears, based on a comparison of the P, vo photographs, that the extent of erosion is unchanged. Figure 3 depicts a photograph of the conditions of the property after the construction of the residence and site improvements. This photograph shows a similar limit of erosion as the previous figures. Figure I also shows the vegetation in this area was not "wooded" as stated, but dense with briars and shrubbery that exists along the bluffin this area. This vegetation, although trimmed in the past, still exists as a well rooted buffer of 30 feet to more than 50 feet landward of the top ofbluffand is shown in Figure 4. Figure I further depicts an area in the northwest coroer that appears to be a clearing, perhaps a result of animal or human activity. Field observations confirmed that deer are currently bedding in the buffer area today. It is further stated, in the SWCD observations section, that the entire site "up to the edge of the bluff' was completely cleared of this vegetation and that the entire area of the backD'ard slopes toward the bluff. This does not appear to be describing your property. I am concerned that, perhaps, the analyst iwas observing the adjacent site. The property to the west has in fact cleared the property to the top of bluff. The property has also been landscaped and irrigated in this area. This same properS' has the characteristic ora rear yard that slopes toward the top of bluff. The subject property, however, exhibits topography that demonstrates a slope away from the top of bluff for the entire width of the properS-. In fact, as shown in figure 5, the vertical change in the area to the east can be measured in feet. The SWCD letter goes on to recommend the prompt remediation of the cause of the gullies, and to repair the eroded bluffareas. Since, in my opinion, an incorrect assessment of the cause of these gullies was made, remediation seems misguided and less urgent. The prevention of deer from specific areas has been a long time problem facing farmers in our area. The SWCD letter states that "wildlife (deer)" should be prevented from traversing the bluff face, but offers no suggestions for the implementation of such a task. The only proven deterrent, and it is not 100% effective, is a fence. The construction ora fence is justifiably frowned upon by the SWCD. Although irrelevant in some ways to your project, the adjacent property to the west has a fence constructed at the top of bluff along its entire width, as indicated in Figure 6. ? Planning Engineering Land Suta,eying .4 rchitecture YO~G&YO~G Swimming Pool: The proposed location of the swimming pool is 77 feet from the top of bluff. Based on map records, the house to the east is approximately 70 feet from the top of bluffand its swimming pool is approximately 5o feet from the top of bluff. The newly constructed house to the west is approximately 80 feet from the top of bluff. A properly constructed swimming pool 77 feet fi.om the top ofbluffwill not jeopardize the stability of the surrounding area. including the bluff. As suggested by the SWCD, care and sensible construction management should be utilized, as well as the proper management of water discharge during seasonal maintenance. In summary, it is evident that the bluff face has experienced some erosion in the past. It is also apparent that this erosion is not from construction activity on the site, but from the foot traffic of deer and other animals, and possibly people. Since this traffic has le~ paths and bare slopes, the area is now subject to weather erosion resulting from the rain that falls directly on it. Although the area is small, the erosion will progress, albeit slowly. The subsequent subdivision and development of this area should reduce the amount of human and animal traffic that has been traversing the slope. The number of deer utilizing the area has most likely been reduced as a significant amount of natural habitat has been eliminated by development. Attempts to vegetate these areas, in my opinion, may do more harm than good. Certainly, these areas should be monitored for future deterioration and cautiously take appropriate steps. Other comments from the SWCD not included in this discussion, such as comments regarding a berm, irrigation, grass clipping and debris disposal, etc., are sensible and should be considered. Please feel free to contact my office should you require any additional information. Best regards, Douglas Adams, P.E., N.Y.S. Lic. No. 80897 /dea Planning Engineering Lam] Surveying ,4rchitecture Figure ¥igure 4 Figure 5 Figure 6 iii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD COUNTY OF SUFFOLK ZONING BOARD OF APPEALS : STATE OF NEW YORK TOWN 0 F S O UTH O L D ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road SouZhold, New York November 30, 2006 9:30 a.m. Board Members Present : RUTH OLIVA, Chairwoman GERARD P. GOEHRINGER, LESLIE KANES WEISMA~, JAMES DINIZIO, MICHAEL SIMON, Board Member Board Member Board Member Board Member LINDA KOWALSKI, Board Secretary KIERAN CORCORAN, Assistant Town Attorney COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878 8047 59 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 CHAIRWOMAN OLIVA: That's the next application. We'll get there. Ail right. I'll make a motion to close the hearing and reserve decision until later. (See minutes for resolution.) CHAIRWOMAN OLIVA: Next application is for Seeley at 1250 Sound Drive in Greenport, who wishes to build a swimming pool at less than 100 feet from the bluff. Miss Mesiano? MS. MESIANO: Catherine Mesiano on behalf of 5he applicant. I understand that there are numerous issues. CHAIRWOMAN OLIVA: There's just one. MS. MESIANO: Mr. Seeley is applying for a swimming pool in a location less than 100 feet from the edge of the bluff, and his practical difficulty was created in my opinion in the ill conceived design of the set of plans of the subdivision. The soundfront lots on this section of the subdivision are compromised at best because it appears to me that consideration was not made for the fact that once you impose a 100 foot building setback line from a bluff and then you impose a front yard setback line, there's not much left. Mr. Seeley, I would say, is the worst of the lots. I do have copies of the site plans, subdivision map. BOARD MEMBER WEISMAN: I'd like to see. We have a tax map. I'd like to see the subdivision map. CHAIRWOMAN OLIVA: Here (indicating). MS. MESIANO: The practical difficulty for me came with the creation of the subdivision. Ours is the eastern most lot. BOARD SECY. KOWALSKI: Cathy, I just wanted to make sure they had a copy of the covenants. MS. MESIANO: We have covenants and restrictions that were recorded against this property in conjunction with the subdivision of the property. One of the items was pointed out as an issue, and I would like to address that and just briefly I'll read Covenant Number 11, No draining shall be permitted with topography of the bluff except that which may be necessary to control the erosion against storm water going over the edge of the bluff. So I would just like to November 30, 2006 6O 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 add that. And the third point that was raised as a result of the inspection by the Suffolk County Soil and Water Conservation Board is that it be noted that there appears to be some - they mentioned two gullies that had been created on the face of the bluff. Since we have been made aware of that. Mr. Seeley has been watching that. It appears that this is a result of the deer traversing. There's always footprints in the area. It doesn't appear to be gully created by water going over the edge but by the traffic by the deer. So we have an issue with that. So I've got several issues that I need to address. The two issues concerning the soil and water conservation board's recommendation and the covenant at first blush seem to conflict. However, when you read the covenant more clearly and it's saying except that which may be necessary to control -- the recommendations of the soil and water conservation board are specifically that Soil and Water Conservation Board is recommending a berm be placed at the northerly edge of the landscaped area of the property for the purpose of impeding any erosion, any run off the bluff. Linda and I had discussion as to whether this was counter to the covenants and restrictions. Since these covenants were saying except for that which may be necessary to control or remedy erosion, I think that that falls within that exception. So I would like to now set those thoughts aside and focus on the pool placement, alternative suggestions for placement and so on. As initially presented to the Board from the proposed pool to the top of the bluff and the shortest distance is 66.8 feet. I made a suggestion to Mr. Seeley that the pool be redesigned, reoriented, which was taken under advisement, and their surveyor has drawn another configuration, and the closest distance in this configuration -- and that is to say the pool was initially oriented in a generally north-south direction, and this configuration is in a generally east-west configuration. By doing that we have increased the setback from the top of the bluff to the pool to at least 72 feet. I have just received a survey this morning. I have made some recommendations to Mr. Seeley that we could further improve the setback from the bluff to the November 30, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pool. I will give you a copy of the survey, but I would like to say also that I would like to go back to the drawing board. I think that this can be made closer to conforming, and create less of a problem and require less of a variance. This is the new proposal I was just speaking. BOARD SECY. KOWALSKI: So you're amending the application for this proposal, correct? MS. MESIANO: Yes. BOARD SECY. KOWALSKI: Yes, thank you. MS. MESIANO: My view of this plan that the surveyor provided us with, I immediately noticed that the spa, which was proposed seawards of the swimming pool, I felt could be removed and increase that setback. So I would eliminate that from that area altogether, and I would propose shifting the pool in a generally southwesterly direction so that the pool can be farther from the property line. And that bein9 said, I wanted to say that this is goin~ before the Trustees, and I'm on the Trustees calendar on the December 13th hearinw. The remediation to the bluff as was recommended by the Soil and Water Conservation Board letter is primarily the subject of that application as well as, but I will ask at this time, I would certainly be happy to address any questions that you have, but I would like to hold this over until after the Trustees hearin§ because I need to address with the Trustees the remediation of these eroded areas, that the erosion is from the deer path more than the water runoff. And I need to address the Trustees construction of this berm as was recommended by soil and water. And after I have completed the Trustees' application, I will know what I'm able to do as far as the bluff is concerned, and then I can come back to you with more of a firm plan on the erosion issues, and issues raised by Soil and Water Conservation Board. So at that time I will know how much flexibility the Trustees will allow in the placement of the pool. I have come close to their 75 foot setback requirement. I'm trying to placate everyone I can to come close to that 75 foot setback. So I will request that we hold this over, but I would be more than happy to address questions. CMAIRWOMAN OLIVA: I don't think we mind to hold it open as far as the bluff is concerned. November 30, 2006 1 62 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 As far as the pool is concerned, according to the LWRP, you're 100 foot back now with your house? MS. MESIANO: Yes. CHAIRWOMAN OLIVA: I see no reason to put a pool in there at less than 100 feet back. I am very concerned about the bluffs in that area going eastward. There have been blow-outs and if you have a couple gullies now -- and I don't care who they're caused by -- unless it's remediated, I certainly don't want the weight of a pool anywhere near that bluff. And if you're 100 foot back, you're a lot safer. I would not vote for it. MS. MESIANO: We have no alternatives on this site. CHAIRWOMAN OLIVA: I realize that. MS. MESIANO: And we would not ask for a variance without also implementing the remediation that was recommended by soil and wa~er. BOARD MEMBER SIMON: There's a question, when was the house built, actually? MS. MESIANO: The house was built within the past two or three years. BOARD MEMBER SIMON: Right. And the pool was presumably an afterthought? The one question we could ask is since they're so close together and the house was built without the pool is i~ the original site plan had called for a swimming pool, would they have been able to get the variance for that building, house plus pool? The answer to that question would seem to be fairly relevant to our deliberations on this issue that's before us today. CHAIRWOMAN OLIVA: Not really, Michael, because it's two different things. MS. MESIAiqO: The plans have been designed in such a way that ~he pool and the surrounding fencing could have been integrated into the structure of the house, and it could have been part of the principal structure. CHAIRWOMAN OLIVA: That's true. BOARD MEMBER SIMON: What you're saying is that that option is no longer available because the house has already been built. CHAIRWOMAN OLIVA: Right. BOARD MEMBER SIMON: I guess in a sense that would be more likely to take this very seriously if the house hadn't been built just two years ago. If it was built 25 years ago, then the November 30, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 question is how are we going to accommodate a preexisting, a pool with a preexisting residence. MS. MESIAi~O: The reason that I thought that this was worth trying to get a variance on is because in studying the subdivision map itself, keep getting stuck on the fact that the subdivision itself was, in my opinion -- strictly my opinion -- poorly conceived, and valuable lots in the subdivision, the most problematic lots in the subdivision, practically the house that's on the lot was designed for this odd-shaped building envelope that was again, I'm not putting myself out to be smarter than an expert, however, simply looking at this, and knowing that waterfront is valuable, and they're not making any more, given my druthers, I'd sacrifice some interior lots to provide a better waterfront lot, and then have a larger building envelope. ASST. TOWN ATTY. CORCORAN: But the developer, they decided they wanted more lots and they got more lots. We can't later on say I also want to be able to do whatever I want to do on those lots. MS. MESIANO: It is what i~ is, but in looking at the property, my opinion on this is that it's unfortunate that it wasn't more -- ASST. TOWN ATTY. CORCORAN: Your argument is essentially, we wish we had a better lot. CHAIRWOMAN OLIVA: And we don't. MS. MESIANO: I can wish for anything I want. BOARD MEMBER SIMON: And nobody would object to your trying to get this approved, get the variance. Your difficulties with the size of the lots would not have arisen were it not for the fact that the Seeleys also want a swimming pool, and we should remember that a swimming pool is not a uniquely waterfront related feature. It's a very desirable feature. So there's where the problem is. So in this case the casualty of poor site plan, if that's the case was, is the swimming pool. It's a wonderfully situated house; it's a very nice lot. The question is, can they also find room for a swimming pool on that lot given ~he house is built where it is. CHAIRWOMAN OLIVA: Did you get the notice of inconsistency with the LWRP coordinator? MS. MESIANO: Yes, I did and I believe I 63 November 30, 2006 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 addressed that to the Board as far as the drainage is concerned. I don't have that document in front of me. CHAIRWOMAN OLIVA: It was from Mark Terry. MS. MESIANO: I know that. I don't have it in front of me, and I know you're running late and there are people behind me, but I did address the issues raised in that as far as the drainage is concerned. Again, taking into account the comments of soil and water, if a swimming pool of some degree is allowed in this site, Mr~ Seeley is more than willing to put the resources in to do the remediation, restoration. CHAIRWOMAN OLIVA: I would respectfully submit that he better try to restore or remediaze that bluff, otherwise you're going to lose it. BOARD MEMBER WEISMAN: with or without the pool. CHAIRWOMAN OLIVA: You've got a problem, a big problem. MS. MESIANO: I understand that, and it was brought to his attention by this report. Once we saw this report it's been taken seriously, which is why the application is in to the Trustees. CHAIRWOMAN OLIVA: Very good. MS. MESIANO: And as far as the pool is concerned, I know we have -- I think it's a 16 by 32. The Seeleys are quite flexible to design something smaller and get as close to that 75 fee~ that the Trustees will give us, that's what we're trying to do. I want to go to them first because -- CHAIRWOMAN OLIVA: We take precedent over the Trustees. ASST. TOWN ATTY. CORCORAN: You may still have to go to the Planning Board to overcome these C and R issues. MS. MESIANO: Linda and I have had some discussion, and I had understood that the Board was going to be asking for an interpretation. BOARD SECY. KOWALSKI: No. I had suggested to you that you could write to the Planning Board and ask them for an interpretation. MS. MESIANO: I'm sorry I thought -- BOARD SECY. KOWALSKI: No, it was up to you to do that~ November 30, 2006 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MESIANO: I'm sorry. ASST. TOWN ATTY. CORCORAN: The covenant says no grading within 100 feet of the bluff. MS. MESIANO: Then read the rest of that sentence. ASST. TOWN ATTY. CORCORAN: I read it. MS. MESIANO: Except for the purposes of erosion control or -- ASST. TOWN ATTY. CORCORAN: The pool is erosion control? BOARD MEMBER WEISMAN: Obviously the berm would be, but the swimming pool would be grading, period. MS. MESIANO: The pool would be at grade. ASST. TOWN ATTY. CORCORAN: You have to do grading to make a pool. BOARD MEMBER WEISMAN: You'll have to excavate. MS. MESIANO: The covenant says grade, I don't think it says no excavating. I think it says no grading. BOARD MEMBER WEISMAN: It's still a disturbance. ASST. TOWN ATTY. CORCORAN: Excavating is worse than grading I think. BOARD MEMBER WEISMAN: Good deal of instability in soil. BOARD MEMBER GOEHRINGER: We dealt with this issue in Mattituck at one point, where the bluff was 165 feet high, there were significant problems. We actually had an engineer weigh the weight of the pool, gunite pool with water in it as opposed to compacted soil, and believe it or not as a result of that analysis, the weight of compacted soil is actually heavier than a gunite pool with water in it. It was his determination. It was an interesting situation. However, in making that determination, this homeowner knew that they had to build outside of the 100 foot mark. So what they did was they took the deck down, they drove pilings underneath it, and they built a swimming pool which basically is a free flow in the contour of the house with total engineering specifications that the Building Department allowed. And that's what you might have to do here, even if you have to cut it into the house, if that's what you want, then that's November 30, 2006 1 66 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what you may have to do. And I'm telling you that that was what was done. I observed this pool after it was constructed, and I have to tell you that it was extremely tastefully done. It was certainly nowhere near the standard size of 16 by 32, and was it outside the master bedroom. It was directly outside the master bedroom, and, in my particular opinion, I think that's what you have to do. MS. MESIANO: I am here to hear your comments because I know that this is not -- again, I learn, nothing's ever simple. But I know that this is more problematic than most because of the issues concerned. So I didn't come here expecting answers, and I know what I would have gotten - so I wanted to hear the Board's comment, and I also would like the opportunity to go before the Trustees. Again, I'm sorry I misunderstood, and I will put that letter into Mark Terry. BOARD SECY. KOWALSKI: That was the only suggestion I had. It's not required, but it was just a suggestion I had. MS. MESIANO: I'm sorry. BOARD SECY. KOWALSKI: Don't be sorry, it's okay. CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: I walk by this house every morning, and I watch this house being built and the house alongside it. And the house alongside it has a pool on the side yard. The house was made narrower so they could put a pool in, and my assumption is they're restricted by the same covenants that theirs was. MS. MESIA/qO: This is the house -- BOARD MEMBER DINIZIO: To the west. And I think a covenant is a covenant, and I read the covenant as okay, you can do a little disturbing, build yourself a berm, try to keep the water off the bluff, but I don't see where it says anything where you can build anything in that 100 feet. 'rhe Board knows how I feel about covenants. It's more than just a handshake; it's an agreement, and you agreed to it. And it shapes the value of that piece of property. So I mean, you have to get around that, quite honestly, long before we consider anything else, and I haven't heard you say anything that you have some kind of hardship other than some kind of covenant. I understand November 30, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the position of the house, but the position of the }louse was in the actual lot, was defined by the Planning Board and so was the building envelope. [ don't see you getting past that. As far as this erosion is concerned, I suspect that the stairwell that goes down to the west of that piece of property that everybody gets to use is blocking a path that the deer used to use. There used to be a road that goes down there. MS. MESIANO: The neighbor completely fenced his property -- not just around his swimming pool. Trapping the deer, changed their path that they used. BOARD MEMBER DINIZIO: I have lived there for 30 years and this year is the first year I have seen deer on the beach. CHAIRWOMAN OLIVA: They're stuck and they're multiplying quickly. BOARD MEMBER DINIZIO: We used to be able to go down this road all the time. This was a party place. But you want to address erosion, that's what he's got to do. And honestly, you haven't in this hearing addressed that. MS. MESIANO: Those steps are not something we can speak to because those are the association and they're off this property. BOARD MEMBER DINIZIO: I agree, but that's your problem. CHAIRWOMAN OLIVA: Is there anyone in the audience that wishes to speak on this application? Yes, sir? MR. HOLLIS: Phil Hollis, 1150 Sound Drive. The bluff is in months going to fall down. They have not made a single attempt to put ~ dry well. They cleared all the brush, the house is for sale -- all the brush is clean, this bluff is going to go down any moment. I purchased the property adjacent to that, and I had to put a retaining wall, I had to put four dry wells; they have done none of that. They want to maximize property because they cannot sell the house. This is speculators. I've been there for 20 years and honestly, we're going to lose the bluff. As far as the swimming pool, frankly speaking, I have a swimming pool, but they have to meet the code that you set up for me. They have not done that. They're ignorant. When they were building they 67 November 30, 2006 1 68 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 knocked my wall out, they knocked this. It's just to get the money and run, basically. We're here to stay. Thank you. CHAIRWOMAN OLIVA: Is there anyone else who wishes to comment on this application? Yes, sir? MR. SEELEY: I'm Bob Seeley, how are you? CHAIRWOMAN OLIVA: Hi. MR. SEELEY: I didn't knock his wall down. I don't know what he's talking about. His pool is like 20 feet from the bluff, that's irrelevant anyway. When we bought the house we were going to live there. My wife, we're going out there, she decides she didn't want to be near this guy, so we're not going to live there now. One of the reasons we didn't go for the variance originally was because I wanted to get started on the house. Took a while to think about it. The architect, he says get the house started and talk about it later. CHAIRWOMAN OLIVA: Thank you. MS. MESIANO: There's only one other thing I'd like to add talking about the covenants. I think you were referring to the 100 foot setback line. Again, I think it's a gray area in the covenant, the setback line pertains to structures. ASST. TOWN ATTY. CORCORAN: As I read the covenant, it says no grading within 100 feet of the bluff, it doesn't say building. MS. MESIANO: If you look at the subdivision map, Jim, is that what you were referring to? BOARD MEMBER DINIZIO: I would like to hear it discussed. MS. MESI~kNO: On the subdivision map l~here'$ a line in the code that there's a 100 foot building setback, specific in that a building is a structure. BOARD MEMBER SIMON: For some purposes and not others. MS. MESIANO: Unfortunately. BOARD MEMBER DINIZIO: As I interpret it, and I've been involved now for 20 years, a building setback line is just that. There's ~ot -- you know, a structure has to do with the actual physical boards and everything but the building setback line to my mind is a line that's set with no building on it per se, just says this November 30, 2006 1 69 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is -- BOARD MEMBER WEISMAN: Just the building envelope? I believe it's a structure. ASST. TOWN ATTY. CORCORAN: Building envelope put all your structures. CHAIRWOMAN OLIVA: Building envelope in which we put everything in it. ASST. TOWN ATTY. CORCORAN: Even were that not the case, you always have the grading problem as well. BOARD MEMBER GOEHRINGER: Anything that is determined to be a structure. BOARD MEMBER GOEHRINGER: Did you want to adjourn it? CHAIRWOMAN OLIVA: No. I think we're all agreed on the setback issue. So I'd like to close the hearing and reserve decision until later. BOARD MEMBER DINIZIO: It's her dime. I'd like to give her an opportunity. If she feels like she wants to go to the Trustees and come back. CHAIRWOMAN OLIVA: She can still go to the Trustees. BOARD SECY. KOWALSKI: She wants to go to the Planning Board also. BOARD MEMBER DINIZIO: So what? What does that cost us anything? If you want to go through Lhe process, that's what you're asking us for, to go through the process and come back to us and say that's what the Trustees say. I have no objection to us holding the hearing open until then. BOARD SECY. KOWALSKI: The alternative, Ruth, would be January 25th at 11:10 in the morning. So, I don't know how the rest of the Board feels. BOARD MEMBER DINIZIO: We could leave it open for 10 years. BOARD MEMBER GOEHRINGER: Leave it open without a date. CHAIRWOMAN OLIVA: Without a date and she'll get back to us. Okay, make that motion. (See minutes for resolution.) CHAIRWOMAN OLIVA: Our next hearing is for the one on Main Road in Mattituck, shown. Mr. Goggins. MR, GOGGINS: William Goggins, 31045 Main Road, Mattituck, New York, for the applicant Roy C. and Robert Schoenhaar. As you know we're November 30, 2006 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I, Florence V. Wiles, Notary Public for the State of New York, do hereby certify: THAT the within transcript is a true record of the testimony given. I further certify that I am not related by blood or marriage, to any of the parties to this action; and THAT I am in no way interested in the outcome of this matter. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of November, 2006. 153 November 30, 2006 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mark Terry, Senior Environmental Planner LWRP Coordinator Plarming Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Reft No. 5912 (Seeley) Dear Mark: We requested and received from you comments on June 27, 2006 regarding this file. However, I believe that the enclosed LWRP form was omitted from our request. Please make this a part of your file. Very truly yours, RUTH D. OLIVA By~ Robert Seeley 1250 Sound Drive, Gmenpod SCTM #1000-3~-3-19.04 Town of Southoid LWRP CONSISTENCY ASSESSMENT FORM 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 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, Permit 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 significant beneficial and adverse effects upon the coastal area (which includes all of Southold 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 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 (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 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 1. 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) Permih approval~ license~ certification: Nature and extent of action: CONSTRUCTION OF 16' X 32' INGROUND POOL Location of action 1250 SOUND DRIVE, GREENPORT Site acreage: 1.05 A Present land use: 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 1250 Sound Drive, Greenport SCTM #1000-33-3-19.04 (b) Mailing address: 20 WHITE PINE LANE~ SETAUKET~ NY 11733 (c) Telephone number: Area Code 631-235-8908 (d) Application number, if any: 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 {non-jurisdictional) DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, proserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section m- Policies; Page 2 for evaluation criteria. Yes No Not Applicable Construction of a pool at this site is proposed in a manner consistent with relief granted under similar conditions. In this instance, the subdivision plan was ill-conceived in that the building envelope does not provide for development of the site in a manner consistent with the "pattern of development in the town': 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 The proposed project is not located near any histodc sites or districts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section I]] - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable The subject site is developed with a single family dwelling. Policy 3 has no relevance to construction of the proposed pool. Robert Seeley 1250 Sound Drive, Greenport SCTM #1000-33-3-19.04 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Yes No Not Applicable The applicant realizes the importance of maintaining the integrity of the bluff and preventing any condition that may pose a threat to the bluff. The proposed pool will be des~qned and constructed in accordance accepted engineering practices relevant to the site conditions. Further, the recommendations made by the Suffolk County Soil & Water Conservation Distdct will be implemented in conjunction with the pool construction. Policy 5. Protect and improve water quality and supply in the Town of Southold. Yes No Not Applicable The subject site is developed with a single family dwelling. Policy 5 has no relevance to construction of the proposed pool. 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 subject site is developed with a single family dwelling. Policy 6 has no relevance tn construction of the proposed pool. Policy 7. Protect and improve air quality in the Town of Southold. Yes No Not Applieable It does not appear that Policy 7 is relevant to construction of the proposed pool. Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes. Ye.~s No Not Applicable The proposed pool will be constructed with drywells to provide for containment of any backwash material that may result from its operation 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 Southold. Yes No Not Applicable Construction of the proposed pool will have no impact on public access to, and recreational use of, coastal waters, etc. Robert Seeley 1250 Sound Drive, Greenport SCTM #1000.=33-3-19.04 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 Ill- Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 10 is relevant to construction of the proposed pool on a residentially developed lot. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section HI - Policies; Pages 57 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 agricultural lands in the Town of Southoid. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable 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. Sec LWRP Section HI- Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 13 is relevant to construction of the proposed pool on a residentially developed lot. Created on 5/25/05 11:20 AM Robert Seeley 1250 Sound Ddve, Gmenport SCTM #1000-33-3-19.04 PROPOSED ACTIVITY CONSTRUCTION OF A 16' X 32' IN-GROUND SWIMMING POOL, PATIO AND FENCE PER CODE.