HomeMy WebLinkAbout1000-86.-6-4 OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
MAILING ADD~REss:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
To:
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
Jim King, President
Town of Southold Board of Trustees
From: Scott Hilary, LWRP Coordinator
Date: June 16, 2008
Re:
Chapter 268: Waterfront Consistency Review
Wetland Permit for JOSEPH & JUNE IAVARONE
SCTM#86-6-4
JOSEPH & JUNE IAVARONE request a Wetland Permit to demolish the existing dwelling, construct new dwelling 75'
from the bulkhead and install a new sanitary system more than 100' from the bulkhead. Located: 405 Woods Lane,
Peconic. SCTM#86-6-4
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 submitted
to this department, as well as the records available to me, it is my recommendation that the setback from the proposed
residence is 70' from the bulkhead as measured on the survey and therefore the proposed action may require a
variance from the Zoning Board of Appeals pursuant I~ 280-116.
§ 280-116. Building setback requirements adjacent to water bodies and wetlands.
B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists
and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75feet from the bulkhead.
NOTE: The Zoning Board of Appeals is the designated agency for the determination of consistency for variance
applications pursuant § 268-5 Review of actions.
§ 268-5. Review of actions.
F. Upon recommendation of L WRP Coordinator, the designated agency shall consider whether the proposed action
is consistent with the L WRP policy standards summarized in 3~ 268-1 herein. Prior to making its determination of
consistency, the designated agency shall consider the consistency recommendation of the L WRP Coordinator. The agency
shall render a written determination of consistency based on the CAF, the L WRP Coordinator recommendation and such
other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in
the coastal area without a determination of consistency. The designated agency will make the final determination of
consistency. The Zoning Board of Appeals is the designated agency for the determination of consistencv for variance
applications subject to this chapter. The Zoning Board of Appeals shall consider the written consistencl~
recommendation of the LWRP Coordinator in the event and at the time it makes a decision to grant such a variance
and shall impose appropriate conditions on the variance to make the activiO, consistent with the objectives of this
chapter.
CC:
Gerard Goehringer, Chair Zoning Board of Appeals
Mike Verity, Principal Building Inspector
Mark Terry, Principal Planner/LWRP Coordinator
From:
Date:
Re:
Jim King, President
Town of Southold Board of Trustees
Scott Hila~/Mark Te~, LW~ Coordinato~
May 7, 2008
Chapt~ 268: Wate~ront Consistency Review
Wetland Pe~t for JOSEPH & ~E ~V~ONE
s a6-6-4
JOSEPH & JUNE IAVARONE request a Wetland Permit to demolish the existing dwelling,
construct new dwelling 75' from the bulkhead and install a new sanitary system more than 100'
from the bulkhead. Located: 405 Woods Lane, Peconie. SCTM#86-6-4
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
Town of Southold
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 Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessaw, 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#
new house
1000-86-06-4 June and Joseph V. lavarone Demolish existing house and build
AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971
The Application has been submitted to (check appropriate response):
Town Board [] Planning Dept. [] Building Dept. []
Board of Trustees [] Zoning Board of Appeals []_
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)
(c)
Financial assistance (e.g. grant, loan, subsidy) [] ~
Permit, approval, license, certification: [] Type: __. r~
[ MAY 2 0 2008
Town of Southold LWRP
Consistency Assessment Form 1
nature and extent of action: Demolish existing dwelling and build new dwelling 75
feet from bulkhead
Location of action: 405 Wood Lane, Peconic NY
Site acreage: 28,595/.656 Acre
Present land use: existing residence
Present zoning classification: R-40 nonconforming
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: Joseph V. Iavarone
(b) Mailing address: 150 Foxhunt CRS
Oyster Bay Cove, NY 11791
(c) Telephone number: ( 516 ) 624-0678
(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: __
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 infi'astructure, makes beneficial use ora
coastal location, and minimizes adverse effects of development. See L WRP Section H1 - Policies;
Page 2for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): The existing residence was constructed in 1906 and is
nonconforming. Neighbors opposed variance therefore owner will demolish house and
construct conforming dwelling 75 feet from bulkhead. The bulkhead will be maintained.
Policy 2. Protect and preserve historic and archaeological resources of the
Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria
Yes [] No [] Not Applicable []
Discussion (if appropriate): Disturbed property with no historical archeological resources
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold. See L WRP Section III- Policies Pages 6 through 7for evaluation criteria
Town of Southold LWRP
Consistency Assessment Form 2
Yes []
No [] Not Applicable []
Discussion (if appropriate):
no visual impact
new dwelling further from bulkhead then existing dwelling,
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion.
See L WRP Section Ill - Policies Pages 8 through 16for evaluation criteria
Yes [] No [] Not Applicable []
Discussion (if appropriate) Trustees previously aproved plan to expand existing dwelling.
New dwelling is more conforming and will contain drywells, gutters and haybales
during construction.
Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP
Section III- Policies Pages 16 through 21 for evaluation criteria
Yes [] No [] Not Applicable []
Discussion (if appropriate): a new sanitary is proposed greater than 100 feet from the
water body (Richmond Creek). Sanitary moved to 200 feet from bulkhead due to
relocation of house.
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 32for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): Demolishion of existing residence will require new dwelling
to comply with Zoning and is set back 75 feet from bulkhead.
Policy Z Protect and improve air quality in the Town of Southold. See L WRP Section 111 -
Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through
38for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (i£appropriate): N/A
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 38for
evaluation criteria.
Yes [] No [] Not Applicable []
Town of Southold LWKP
Consistency Assessment Form 3
Discussion (if appropriate): The new sanitary will be consistent with Coastal Policies
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
46for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): Private property with bulkheading.
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 111 - Policies; Pages 47 through 56
for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): The existing residence predates Town's regulations. New
house will conform to zoning.
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters. See LWRP Section 1II - Policies; Pages 57 through 62for
evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): N/A
Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III -
Policies; Pages 62 through 65for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): N/A
Policy 13. Promote appropriate use and development of energy and mineral resources. See
LWRP Section Ill- Policies; Pages 65 through 68for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): N/A
*copy of Town form created on 2/11/06
Town of Southold LWRP
Consistency Assessment Form 4
OFFICE LOCATION:
Town Hail 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
Jim King, President
Town of Southold Board of Trustees
From: Scott Hilary/Mark Terry, LWRP Coordinators
Date: June 16, 2008
Chapter 268: Waterfront Consistency Review
Wetland Permit for JOSEPH & JUNE IAVARONE
SCTM#86-6-4
JOSEPH & JUNE IAVARONE request a Wetland Permit to demolish the existing dwelling,
construct new dwelling 75' from the bulkhead and install a new sanitary system more than 100'
from the bulkhead. Located: 405 Woods Lane, Peconic. SCTM#86-6-4
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 LWRP policy standards and therefore is
INCONSISTENT with the LWRP.
The setback from the proposed residence is 70' from the bulkhead and therefore the./o
proposed action will require a variance from the Zoning Board of Appeals pursuant ~ 280-
116. The Zoning Board of Appeals is the designated agency for the determination of
consistency for variance applications pursuant to § 268-5. Review of actions.
§ 280-116. Building setback requirements adjacent to water bodies and wetlands.
B. All buildings or structures located on lots' upon which a bulkhead, concrete wall, riprap
or similar structure exists and which are adjacent to tidal water bodies other than sounds shall
be set back not less than 75feet from the bulkhead The following exceptions will apply;
Buildings which are proposed landward of existing buildings.
Lands which are not bulkheaded and are subject to a determination by the Board of
Town Trustees under Chapter 275, Wetlands and Shoreline, of the Code of the Town of
Southold.
Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and piers, which are
accessory and separate from existing buildings or acdessory structures.
§ 268-5. Review of actions. ~ , gt
OFFICE LOCATION: ~ ~?/'g MAILING ~D~:
, ~l ~igcommendation of L; ~ ~ ~ ~signated agency shall~
. ~et~gne pro~ox~ actzon ~s cons ~ ~ ~ ~cy stanaaras summar~zeam
(cor. Mmn,~a.~oungs~ve,j. . , . ' I ~ ~ ' - . , , ,, ., ,
S~fiffid~ to ma~mg tts aetermm ~ ~ ~ ~ ~es~gnatea agenc~~85-1938
conststency recommendatton of the, ~ ~ ~ agency shall render a~
determination of consistency based o, ~ ~ ~ Coordinator recommen&tion and
such other information as is deemed nec~ ~b~ ~ermination. No approval or decision shall
be rendered for an action in the coastal area w~out a determination of consistency. The
subject to this chapter. The Zonin~ ~~nsider the written consistencv
recommendation of the LWRP Coordinator in the event and at the time it makes a decision
grant such a variance and shall impose appropriate conditions on the variance to make the
activi~ consistent with the objectives of this chapter.
§ 275-3 Findings; purpose; jurisdiction; setbacks.
D. Setbacks. [Amended 10-11-2005 by L.L. No. 17-2005]
(1) The following minimum setbacks apply to any and all operations proposed on residential
property within the jurisdiction of the Board of Trustees:
(a) Wetland boundary.
[1] Residence: lOO feet.
The proposed action is subiect to the Town of Sonthold's Waterfront Consistency Law
Chapter § 268-5 {A) Review of actions and will require the applicant to complete and file an
LWRP Consistency Review form before a final determination can be rendered.
§ 268-5. Review of actions.
A. Whenever a proposed action is located within the Town's coastal area, each agency
shall, prior to approving, funding or undertaking the action, make a determination that it is
consistent with the L WRP policy standards summarized in 3q 268-1 herein. No action in the
coastal area shall be approved, funded or undertaken by an agency without such a determination.
DURVEY NO. ?~1 I ~
]DLST: 1000
TAX LOT: 4
TAX LOT 3 I
51MON PAMILY
HOUSE CONNECTED
TO PUBLIC WATER
T:O( LOT 29
LEXlTZERE5 FAMILY
P1DU~E CONNECTED
TO ?UBLIC WATER
12' PINE
I0
BRICK PATIO
I ~" 5TORY
A'
~ ~l ~ I FP. AME I ~:
,~1 DWELLING I,~
~DIDENCE
TO DE
DEMOLISHED
PROVIDE I O' NON-TU~ I
FLOOD
TO DE
DEMOLISI-tED
%,¢
14
TAX LOT G
LANG FAMILY
HOUSE CONNECTED
TO PUBLIC WATER
NEW HOME BUILT (200G)
CONNECTED TO PUBUC WATER
NOTE:
McDONALD GEO~CIENCI-"
TOPOGRAPHIC SURVEY OF
PROPERTY
PECONIC
TOWN OF 50UTHOLD
5UFFOLK. COUNTY, N.Y
JOSEPH FISCHi=j il, PE
PROFESSIONAL ENGINEER
1725 HOBART RD / PO BOX 616
SOUTHOLD, NY 11971
631-765.2954
5UR, VEY NO. 7G I I G