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Home My WebLink About1000-15.-3-4 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 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James Dinizio, Jr., Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner ~' LWRP Coordinator Date: June 25, 2007 Re: ZBA file Ref. No. 6049 (Rems) 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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following standard best management practices are implemented. 1. Require erosion and sediment controls (hay bales, silt fencing) to protect the bluff during construction and final grading. 2. Require gutters, downspouts, and sub-surface drywelis to contain roof runoff. 3. Keep a non-turf buffer to protect the bank. 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. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.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 Reft No. 6049 (Retus) Dear Mark: We have received an application for additions and alterations at premises on 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. Very truly yours, JAMES DINIZIO, JR. B y.~~Q ~ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete tlfis CCAF for proposed actions that are subject to the Town of Southold Waterfi-ont Consistency Review Law. Ttfis 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 l~uilding Permits arid other ministerial permits not located within the Coastal Eroston ]~[azard Area. 2. Before m~swefing the questions in Section C, the preparer of this form should review the exempt minor action list, policies m~d e~planations of each policy contained in the Town of Southold Local Waterfront Revitalization Pro~. A proposed action will be evaluated as to its beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. lFany question in Section C on t~s form is ~swered "yes", then the proposed action may affect the ac~evement of the L~ policy stand,ds md conditions contained in the consistency review law. Thns, the action should be ~al~ed ~ more detail and, if necessa~, modified phor to m~ng a detel~ation that it is consistent to the m~hnum extent practicable with the LW~ policy standards ~d conditions. If an action c~ot be ceaified as consistent with the L~ policy standards and conditions, il sh~l not be ~deaaken. A copy of the L~ is available in the fonowm j; at-the T~,, ~r o ..... i . .. . -- ...... DoHtno a s weoslte (southoldtown.no~ork.net), ~e Board of Tmst~l focal B. DESCRIPTION OF SITE ~D PROPOSED ACTION ()] The Application has_been sub~ffitted to (check appropriate responseS: . 1. Category of Town of Sou~old agency action (check approphate response): (a) Action ~deg&en ~ectly by To~ agency (e.g. capital cons~ction, pla~ng activity, agency re~tlation, l~d ~saction) (b) Finm~cial ~sistm~ce (e.g. ~t, lo~, subsidy) Natm-e and extent of action: I ~ , Site acreage: ,~ ~'/~ ~ Presenl zoning classification: If an application for the proposed action has been filed with tile Town of Southolcl agency, the f011owin~! information shall be provided: (a) Name of applicant:_~}~4~ ~ (b) Mailirtgaddress:_ 1'~'~"0 ~Jol~[/~4 (~1~..~ ~-'~i'~, (c) Telephone nmnber: Area Code (d) Application number, if any: Will the action be directly undertaken, require fl~nding, 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 locati0u, and minimizes adverse effects of develop~nent. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes ['--] No ~/Not Applicable Attach additional sheets if necessary Section Ill - Policies Pages 3 through 6 for evaluation criteria --'~ ~e~ N0~N0t ~pPlic~bl~ Attach additional sheets if necessary Policy 3. LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~/ Yes [~ No [] Not Applicable Enhance visual quality and protect scenic resources throughout the Town Of South01d. See Atlach additional sheets if' necessal y NATURAL COAST POLICIES Policy 4. Miailnize loss of life, structures, and natural resources from flooding and erosion. See LWRP Sectioo Ill - Policies Pages 8 through 16 for evaluation criteria [~ Yes [~] No , ot Applicable Attach additional sheets ifnecessmy 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 Altach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significaut Coastal Fish and W~ldlife Habitats and wetlands. See LWRP Section III - Policies' Pages 22 ~ Yes ~ No~ Not APpli~bie Attach additional sheets if necessary Policy 7. Protect and improve air quality in tile Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [~ Yes [~] N0~ 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/~J/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~ NoJ~J Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-depeudent 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~ Sbt Al¥1iea~[~ ...... Attach additional sheets ifnecessmy 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 evahtation criteria. ~ Yes ~ No~/NotApplicable / Attach additional sheets il' necessary Policy 12. Protect agricultural lands in the Town' of Sonthold. See LWRP Section II1 - Policies; Pages 62 throngh 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 N LoNO isLAND LOT 45 ~ soUND 96.59' ZONE X '¢~X pROPOSED ROOF DE~K / SURVEY OF PROPERTY AT ORIENT POINT TOWN OF SOUTHOLD SUFFOLK COUNTY,N.Y. 1000-15-03-04 SCALE: 1~30' AUGUST 2, 2006 NOVEMBER 28, 2006 (TOPO. ~ PROPOSED ADDITIONS) LOT 47 PROPOSED SECOND FLOOR O~R EYJSTING F~ST FLOOR FOOTPRINT STOOP ?.A7'65 / / / o. cOT 4.6 / / / / / / / ~ LOT NUMBERS REFER TO "MAP OF ORIENT BY THE SEA ~ SECTION TWO" FILED IN THE SUFFOLK COUNTY CLERK'S ~ OFFICE ON OCTOBER 26, 1961 AS FILE NO. ~444. ~ COASTAL EROSION HAZARD LINE FROM COASTAL EROSION / ~~:~ ~ FLOOD ZONE FROM FLOOD INSURANCE RATE MAP ANY ~RA~ ~ ADDISON TO THIS SURLY IS A W~n~ 'PECONIC' S~~ fX~PT A~ Pf~ ~ 720~-~U~01~1~ 2. ALL CER'flCATIONS ~A.~ ~ ~. ~. HERE~ A~E V~IO f~ ~1~ ~AP AND ~OPIE~ ~ERfOF ONL TO ~E UNE ~o~ ~A~RE APPEARS HEREON. 50UTHOLD, N.K 11971 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 14, 2007 TO: Michael Macrhm (K¢tus) 409 Lake Ave., Suite C St. James, NY 11780 Please take notice that your application dated May 3, 2007 For permit for additions and altcrations to an existing single f,~nilv dweJlin~ at Location of property: 235 Souodvicw Road, Orient County Tax Map No ] 000 - Section 1.5 Block.~ Lot~ Is returned herewith ami disapproved on the following gl'ore,ds: The prop0scd addit[ol~s and altcrations, on this nonconfbmfing 22.684 sonata Ibot lot in the R-40 District is not oem~itted pursuant to Article XXI[ Section 280-I 16 A (1), which states; "All buiidim, s C,r strucv.~rc~ located on lots adiaccnt to sounds and ur~on which there exists o~ bluffor bank landward of the shore or beach shall be set back not fewer than 100 fcct I?om the top of such bluff or bmfc." T__h. 9 proposed addilions and alterations are noted as bci~tg +/- 36 feet from thc bluf£ A variance~ issued on Anril 23. 1987 (Appeal #36J[3)~ allowed for the dcck to he no closer than 40 feet~ unattached to the hun.se. That deck. which will be built upon based on this new annlicatio., was ultimately attached to the house and is uow 36 from the bhtff. O.r research shows that the deck was not built too close to the hluff, in violation of the orieinal ZBA upproval~ but rathcr thc bluff llne has chanced since 1987, In addition, the propos_.c.d addition,s and altcratioos a~'e riot pemfittcd p~arsuant to ,4a'ticle XXIII Section 280:[24. which states that non-confonmng lots, tneaslufing between 20,000 and 39,999 square foci in gotal size. reouire a minima, tn single side yard setback of 15 feet. Followiot, the vroposed additions trod alterations, thc dwelling: will have a single side yard sctback of 5.7 feet. This Notice of Disannroval was amended on May 18~ 2007 to address thc previous variance issued fur this uronert¥, Note to Applicant: Any change or deviation to the above referenced application, may require further review by thc Southold Town Building Department. CC: file. Z.B.A. South-West Comer (front left) Proposed outdoor shower on west wall North-East Comer (rear dght) Remove existing roof & dormer and replace with new second floor walls & roof. Remove existing deck structure and replace with new deck structure with second floor roof deck above, utilizing the existing footprint. North-West Comer (rear left) Remove existing roof & dormer and replace with new second floor walls & roof. Remove existing deck structure and replace with new deck structure with second floor roof deck above, utilizing the existing footprint. Existing Residence Date taken: July 5, 2006 Retus Residence 235 Soundview Road Orient, N.Y. 11957