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Home My WebLink About1000-13.-1-5.2 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 Fax: 631 765~3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: James Dinizio, Jr., Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: May 22, 2007 Re~ ZBA File Ref. No. 6004 (Astley) SCTM#1000-13-1-5.2 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. This review is in response to the amended proposal and plan, received on May 21, 2007, eliminating the pool. 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. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The following setbacks are proposed: proposed setback of the screened porch to the top of bluff is 26 feet~ proposed setback from the bedroom and bathroom addition to the top of bluff is 50 feeB proposed setback from the leaching pool to the top of bluff is 96 feet~ proposed setback of the driveway to the top of bluff is 85 feet~ a minimum separation distance of 100 feet is required pursuant to Chapter 275-3, D, for swimming pools and related structures~ residences~ sanitary leaching pools, and driveways, from the bluff line; and a minimum setback of 100 feet is required by Article XXIII Section 280-116A 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 property contains moderate to severe slopes. In addition~ the top of bluff line shown on the survey does not meet Chapter 275-2 of the Town Code which defines a top of bluff line as: "BLUFF LINE -- The landward limit of a bluff that is 25 feet landward of the receding edge or, in these cases where there is no discernible line of active erosion, 25 feet landward of the point of inflection on the top of the bluff. The point of inflection is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline." Additionally~ if the action is approved and to further Policy 5: Protect and Improve Water Quality in the Town of Southold: 1. Require erosion and sediment controls (hay bales~ silt fencing) durinp construction activities to protect the bluff. 2. Require gutters, downspouts and sub-surface drywells to control storm water runoff from all impervious surfaces. 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. Cc: Jim King, President Town of Southold Board of Trustees 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 1197 !-0959 February 1, 2007 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6004 (Astley) Dear Mark: We have received an application for additions and an accessory swimming pool on premises adjacent to Long Island Sound in Orient, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. FEB - 2 2007 Very truly yours, JAMES D1NIZIO, JR. · Town outhold " .LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 ia 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both sul}porting and non ~. 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# lOoO 15 of ~ ~. ~. PROJECT NAME /~';'t..t~ Hoose The Application has been submitted to (check appropriate response): TownBoard ['] Planning Board [-] Building Dept. [] BoardofTrustees [] 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) (¢) Pe~mitrappreva!, li¢ons~r~ertificatio n: Nature and extent of action: Loeationofaetion: q~,o Iqo~-?vl~tx~v~ 9~w~, o~'t°T Site acreage:.. · g~- o,~ 5:r'f '3~'t a Q~r Present land use: ~s~C-f~ F,a~'~\~-ht ~;a~9~q't~ 9,,qLg~_-L~.M L'a Present zoning classification: ~,. _ t{ ~ If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (c) Telephone number: Area Code ( ) ¢~q.. ~-~'M It'l ~" (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. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - 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 At~ach additiona} sheets if necessary Policy 3. Enhance visual qualRy and protect scenic resources throughout the Town of Soathold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Z Yes ~-~ No F-] 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 LWRI' Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes [] N° F-] Not Applicable A~tach additional sheets if necessary Policy 5. Protect and improve water quality and supply ia the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes [--~ No ~-]NotApplicable 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. ~ ./ ' ~es 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. Attach additiona! 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. Sec LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No ~7~ Not Applicable Attach additional sheets if necessary Policy I1. 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 IL 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 . P~PA~DBY 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 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: James Dinizio, Jr., Chair Town of Southold Zoning Board of A~ppe~ From: Mark Terry, Principal Planner LWRP Coordinator Date: April 20, 2007 Re~ ZBA File Ref. No. 6004 (Astley) SCTM# 1000-13 - 1-5.2 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. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The following setbacks are proposed: proposed setback of the pool to the top of bluff is 70 feet; proposed setback of the deck to the top of bluff is 18.2 feet;; proposed setback of pool equipment to top of bluff is 60 feet; proposed setback from the leaehin~ pool to the top of bluff is 96 feet; proposed setback of the driveway to the top of bluff is 85 feet; a mini~num separation distance of 100 feet is required pursuant to Chapter 275-3~ D~ for swimmin~ pools and related structures~ residences~ sanitary leaching pools~ and driveways~ from the bluff line; 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 practical. Note that the property contains moderate to severe slopes. In addition~ the top of bluff line shown on the survey may not meet Chapter 275-2 of the Town Code ~vhich defines a top of bluff line as: "BLUFF LINE -- The landward limit ora bluff that is 25feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, 25 feet landward o[the point of intlection on the top of the bluff. The point of inflection is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline." 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. Cc: Jim King, President Town of Southold Board of Trustees 29 March 2007 Zoning Board of Appeals Town of Southold Mr. James Dinizio, Jr., Chairman 53095 Route 25 PO Box 1179 Southold, NY 11971 Application for Variance Astley House 460 North View Drive, Brown's Hills, Orient, NY 11957 Plaunhqq Dear Chairman Dinizio and Members of the Southold Zoning Board of Appeals, As the architect and agent for Chris as Amy Astley, I would like to respond to the concerns raised by their neighbors, John and Nina Winter, in a letter dated March 6, 2007. Please find enclosed seven copies of a revised survey, which illustrates several changes that we have made to address the Winters' concerns. 1. Mr. and Mrs. Winter expressed concerns about the weight distribution and location of the proposed screened porch with respect to the bluff. First, I would like to point out that the proposed screened porch is a light and minimal wood- framed construction, which will amount to just a fraction of the weight of a fully enclosed and conditioned structure. Furthermore, the new porch, as well as the rest of the structure, will be subject to the review of a structural engineer who will check that all foundations and structural members are sized and located appropriately to withstand the weight Icad of the porch. As noted on the enclosed survey, we have proposed that the porch be supported on concrete sonotube piers, and that all necessary excavation be done by hand. This, in conjunction with the row of hay bales to be placed around the perimeter of the site prior to construction, will help ensure an absolute minimum of disturbance to the bluff during construction. Finally, please note that we propose to build in an area that is currently occupied by a concrete paver patio, which, as demonstrated on the survey, is already level and not sloping toward the bluff. 2. The enclosed survey illustrates that we have moved the proposed swimming pool an additional ten feet eastward. This increases the distance between the pool and property line from five feet to fifteen feet. Please note that in its new location, the pool sits on an area of the lot that is completely level. In this location, the pool scarcely poses any more risk of soil collapse than the adjacent bedroom addition. Moreover, building the pool in this Ry.all Porter location will cause far less land disturbance than the re-grading and retaining walls that were necessary to make the Winters' pool possible. Lastly, with regard to the Winters' suggestion that the pool be located in the area where we have proposed a new driveway, I will point out that there is a regular, negative slope is this area of the yard, making it a far less appropriate site for a pool than the one that we have proposed. 3. The enclosed survey illustrates three new drywells to capture all roof runoff and backwash from the pool. 4. It is unclear which unscaled site plan to which the Winters refer; the site plans (sheet A002) submitted with both the building permit application and the ZBA application are both clearly noted as being drawn at a scale of 1/8" = 1 '-0". Regardless, please note that the scale on the enclosed survey is clearly noted as 1' = 20'. On this subject, though, I will point out that the sketch diagrams in Exhibit B and C submitted by the Winters are not drawn to scale, and also do not reflect the current topography of the site--specifically, the re-grading and retaining walls built on the Winters' property. The Astleys and I share the Winters' interest in preserving the bluff, and intend to make every effort to ensure the safety of the Astleys' neighbors and their respective property. We look forward to discussing the project with you at the April 26~h hearing. Please feel free to contact me or the project architect, Meredith Epley, with any questions or concerns. Wi/lliam Ryall AIA, LEEDC~ ENCLOSED FORMS and DRAWINGS Revised survey dated 3/22/07 (one original and six copies) Prepared by Joseph A Ingegno Land Surveyor \ COUNTY OF SUFFOLK (~ Real Property 1Fox Service A~jen Page 1 of 1 Cusack, Heather From: Martin, Jayne Sent: Monday, May 21,2007 10:21 AM To: Cusack, Heather Subject: RE: Did you get the amended plan date stamped 5/10 by ZBA for Astley #6004, relocating the swimming pool and the May 10, 2007 letter from the Trustees regarding the bluff line; otherwise we are caught up for the 5/31 meeting ..... Original Message ..... From: Cusack, Heather Sent: Monday, Nay 21, 2007:10:07 AM To: Martin, 3ayne Subject: Hi Do you have all the LWRPs for next weeks meeting? Heather 5/21/2007 90.60' "- - --~ ~' '/ ;. -'<: bur r ULI',, L, UUI' S.C. TAX No. 1 SCALE S E PT:E M B E JANUARY 10, 2006 AE At~EA = $5,7 (TO TIE LINE) 0.82 NO TE$: 1. ELEVATIONS ARE EEFE'~ENCED TO N,O.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN TNI~: EXISTING CO~R UN~ ARE ~N 2. MINIMUM SEPTIC T~K CAPAClT~S FOR A 4 BEDIM I TANK; 8' LONG, 4'-~" ~DE, 6'-7" ~P ~. MINIMUM L~CHING SY~M F~ A 4 ~0~ PO~; 12' ~EP, 8~ ~ PRO~ED EXPA~I~ P~ P~D ~CHt~ ~OL ~ PROPOSED SE~IC TANK 4. THE LOCATION OF WELLS AND C~SPOOLS S~N HERE ~SERVATIONS ~D/OE DAT~ OBTAI~D F~M OT~ES. 5. EXISTING SEP~tC S~TEM STEUCTUR[S SHALL REMOVED IN ACCOlAdE WITH S.C.D.H.S. STANDA~S. ~WAt. L CERTIFI~ CHRI~. AMY , / / / / / / / / / N! g6 ~oc~no: tot ~)~'ED 8' DIA, 4' DEEP ELL -' TOP OF. BLUFF'AS FLAGGED BY J.M.O.,ENVIRONMENTAL CONSULTtNG SERVICE ON' SEPTEMBER I~. 2006. ONE-STORY . ,;FRAME HOUSE UNIT CONCRETE PATIO PROPOSED ROW OF STAKED HAY BALES & PROJECT LIMITING FENCE TO BE IN PLACE PRIOR TO THE START OF CONSTRUCTION PROPO~D 8' DIA.' 4' DEEP DRYWELL O31 98 100 / ~-105.25 ~.105.25 PROPOSED DRYWELL ON FRAI~ 'RAILROAr STEPS SET IN GRASS" RAILROAD"I:IE ..~ RETAINING WALL .DRIVEWAY SURVEY OF PROPERTY SITUA TED A T ORIENT %~ TOWN OF SOUTHOLD f, ONG LA TVD ,S O (_ SUFFOLK COUNTY, NEW YORK ] S.C. TAX No. 1000-13-01-5.2 bl 64°39,49" E --- SCALE 1"=20' 87°28'06" E , ~302' ~- ....... N SEPTEMBER 25, 2006 ~ 90.60 ~ ' ~'~ ~ JANUARY 10, 2006 ADDED LOT COVERAGE DATA ~~~ ~ ~ _ ~ ~~ MARCH 22, 2007 R~ISED SITE P~N S6 .- ¢ ~- '~/- '~.' ~- :C-- :'- ' ¢ -.'. C'-2 ': 7:2 7~5 SS :Z ' .~ ':' ... - C - S -i -. c58 6 ALL ROOF RUNOFF TO BE 'CAPTURED BY DRYWELLS, CERTIFIED TO 26-319C