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Home My WebLink About1000-83.-2-4.1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 Telephone:631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James Dinizio, Jr., Chair Zoning Board of Appeals Mark Terry, Principal Planner 0x'r. LWRP Coordinator Date: September 10, 2007 (Revised October 2, 2007) Re: ZBA File Ref. No. 6083 (Yu) CHENG KAl YU requests a permit to construct a second-floor addition to the existing dwelling, alteration of first floor, and new second-story deck; construct 35' stone retaining wall; restoration of stone walk/steps over bluff; and fill and replant vegetation around top of bluff. Located: 3300 Dignan's Rd., Cutchogue. SCTM#83-2-4.1 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. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water- dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. The bluff system is actively eroding. The distance to the proposed trellis from the top of bluff is 28 feet and the distance to the proposed second floor addition from the top of bluff is 44 feet; a minimum setback distance of 100 feet from the bluff line is required pursuant to Chapter § 280-116 A of the Town Code. Please require that the applicant amend the application to meet the above policy to the greatest extent possible. Use hard structural erosion protection measures for control qf erosion only where: 3. 4. 5. Vegetative approaches to controlling erosion are not effective. Enhancement of natural protective features would not prove practical in providing erosion protection. Construction of a hard structure is the only practical design consideration and is essential to protecting the principal use. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary b. based on sound engineering practices Practical vegetative methods have been included in the project design and implementation. Adequate mitigation is provided and maintained to ensure that there is no adverse impact to adjacent property or to natural coastal processes and natural resources and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. Note: that the bluff is actively eroding with the more severe erosion occurring adiacent to the lawn area on top of bluff. The effectiveness of the 35' stone wall to stabilize the bluff through protection of the toe of the bluff is questionable as active erosion is occurring (gullies) at the top of bluff (See Aerial photo below). If the proposed action is approved, the following is recommended. It is recommended that the Board require a the submittal of a report on the stability of the bluff soils, erosion rate, and loading impacts of the second story addition by a qualified Engineer. It is recommended that a non-disturbed vegetated buffer be established landward of the top of bluff to the landward limit of the Coastal Erosion Hazard Line (15+') to control storm water, minimize erosion and help stabilize the bluff. 3. Require that the applicant submit a bluff planting plan to help stabilize erosion. 4. Require hay bales during construction landward of the Coastal Erosion Hazard Area. 5. Require gutters, leaders and drywells landward of the existing structure and additions to contain roof runoff. 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 distance to the proposed trellis from the top of bluff is 28 feet; the distance to the proposed second floor addition from the top of bluff is 44 feet; a minimum setback distance of 100 feet from the top of bluff line is required pursuant to Chapter 275-3. Findings[ purpose; jurisdiction; setbacks. Please require that the applicant amend the application to mcct the above policy to the greatest extent practical. Figure 1. Yu property with Coastal Erosion Hazard Area (CEHA) depicted. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney MT/hkc Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 (~r~ ~Mailine Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 September 17, 2007 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File ReE No. 6083 (Yu) Dear Mark: We have received an application for additions/alterations to premises on Long Island Sound in Cutchogue, 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. Town of Southoid ~ 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 in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coa~'tal 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). lfany 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 scm# ccc g %4. / The Application has been submitted to (check appropriate response): TownBoard ]~ PlaaningDept. [] Building Dept. [-~ BoardofTrustee~ 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) Permit, approval, license, certification: Nature and extent of action: / ' / Location of action: Site acreage: Present land use: Present zoning classification': If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name (b) Mailing address: (c) Telephone number: Area Code -~3) C.))~>~ _ C.2fi(").~_'; ~ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [--] N/o~ If yes, wh ch state or federal agency? 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 - please explain) 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 No/~(Not Applicable - please explain) Yes Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~ (Not Applicable - please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Ir~ Yes N0~ (Not Applicable - please explain) f~z- ~.t ~,~-7-/z~x~. ~,~' -~ /7~- ' .... Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria F~ Yes [-~ No [] (Not Applicable- please explain) ~,.x,(I%TIL')(..~ t"gto- .~t'T"F__ h;r;:l! re'VII_ 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 lI1 - Policies; Pages 22 through 32 for evaluation criteria. [~ Yes [] No E~(Not Applicable - please explain) / - -y / Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section HI - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. ['~ Yes F-~ No [~(Not Applicable - please explain) Attach additional sheets if necessary Poficy 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 [~ Ng~(Not Applicable - please explain) 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~ No/~(Not Applicable- please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ~'~ Yes F-] No~C~/(Not Applicable - please explain) Attach additional sheets if necessary ' / Policy 1L 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 F~ No [] Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. Yes [] No~ Not Applicable - please explain Aitach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Polici~; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~ Not Applicable - please explain COUNTY OF SUFFOLK (~)Y I.,~f/°" /"' ..... ,m~ .~.~.~_ SOUTHOLD ISECTION NO SITE SURVEY SITUATED AT CUTCHOGUE ~OWN o~ SOUT~O,~ SUFFOLK COUNTY, NEW YORK S.C.T.M. #- 1000 - 83 - 02 - MARCH 30 2007 INFORMA~ON TAKEN FROM SURVEY PrePAReD BY Mr. JOHN t. METZGER PROPOSED NEW INFORMATLON PROVIDED BY: sclc[ ~.": ¢o' ~0T[S: EL~ATIONS ARE REFERENCED TO N.G.V,D ~~