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HomeMy WebLinkAbout1000-1.-2-11OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: August 13, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for MICHAEL & SUSAN JEFFRIES SCTM#1-2-t 1 Patricia C. Moore, Esq. on behalf of MICHAEL & SUSAN JEFFRIES requests a Wetland Permit to install an in-ground swimming pool 56.6' from the top of the bank and terrace with a low brick retaining wall 45.6' from the top of the bank. Located: Private Rd., Fishers Island. SCTM#1-2-11 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 Standard 6.3 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 distance from the natural protective feature, bluff(as defined in § 275-2) to the proposed action, pool is ZERO feet; a minimum setback distance of 100 feet from the blu£[line (as defined in § 275-2) is required pursuant to Cha0ter 275-3. Findim, s; ~ur~ose-' iurisdiction; setbacks. Please require that the applicant amend the proposed action to meet the above policy to the greatest extent practicable. § 275-2 Definitions; word usage. BLUFF ~- Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit ora bluff is the landward limit o fits waterward natural protective. Iqhere no beach is present, the waterward limit ora bluff is mean low water. The landward feature limit is 25feet landward of the receding edge or, in · those cases where there is no discernible line of active erosion, 25feet landward (~the point of inflection on the top of the blt4ff 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. BLUFF LINE -- The landward limit of a bluff that is 25feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, 25feet landward of the point of inflection on the top of the bluff. The poim 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. § 275-3 Findings; purpose;jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. [Amended 10-11-2005 by L.L. No. 17-2005] Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; Land within lOO feet of the areas listed above. D. Setbacks. [Amended 10-11-2005 by L.L. No. 17-2005] (1) The f~wing minimum setbacks apply to any and a~ ~perati~ns pr~p~sed ~n residentia~ pr~per~y within the jurisdiction of the Board of Trustees: (b) Bluff line. Residence: lOOfeet. Driveway: lOO feet. Sanitary leaching pool (cesspool): l OO feet. Swimming pool and related structures: l OO feet. If the Agency~ (Board of Trustees) makes a contrary determination of consistency~ the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent wilh the L WRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. · ,~D Gerard E Goehfinger, Chairmm Ruth D. Oliva James Dinizio, Jr. · ~~~Mafli_ng Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Michael A. Simon Town Annex/First Floor, Leslie Kanes Weisman _54375 Maiprt~J~ad (~tt~oul(l~B)en~) , httP://s°uth°idt°wn'n°rthf°rk~~'~~ ~ .19~ ZONING BOARD OF A~ t~~ V~ TOWN OF SOUT~D ~ X Tel. (631) 765-1~ · F~) 765-9064 2008 ~k Te~, Senior Enviromental Pla~er ~;,~. I' L~ Coordinator Pla~ng Bo~d Office Town Hall ~ex [ ~ - ~ Southold, ~ 11971 ~ ~ I~ Re: ZBA File Ree No. 6167 (Jef~h We have received ~ application for construction of ~ hccesso~ in-~ound s~ming pool and retaining wall at East End Road in Fishers Island, 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 ~[our assistance in an evaltmtion and recon'a~enclatiol~s for~this proposal. ,~t ~. ~[ --~O ~ t~ef~ ~ ,,~:~ \ ~-~.'~~l ~~ ~[~ [~'~ Gerardm. Goe~nger To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary/Mark Terry, LWRP Coordinators Date: May 7, 2008 Re: Chapter 268: Waterfront Consistency Review Wetland Permit for MICHAEL & SUSAN JEFFRIES SCTM#1-2-11 MICHAEL & SUSAN JEFFRIES request a Wetland Permit to install an in-ground swimming pool 56.6' from the top of the bank a~ttLtem~,c ',v'~L~. a4caa~ck retaining wall 45.6' from the top of the bank. Located: Private Rd.~Island. SCTM~ 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 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 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# AGENT: 1000- 1-2-I1 Michael & Susan Jeffries 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 [3_ 1 Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] Financial assistance (e.g. grant, loan, subsidy) [] Permit, approval, license, certification: [] Type: Town ofSouthold LWRP nsistency Assessment Form 1 nature and extent of action: proposed pool Location of action: Private Road, Fishers Island Site acreage: 2.2 acres Present land use: existing residence Present zoning classification: R-120 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: Michael & Susan Jeffries (b) Mailing address:212 Park Drive, Columbus OH 43209 (c) Telephone number: ( 631 ) e/o Pat 765-4330 (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of SouthoM that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use o fa coastal location, and minimizes adverse effects of development. See LWRP Section llI- Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate).' A pool is proposed on the seaward side of the house. The location of the pool maximizes setback to the top of the bank and more than 100 feet from the freshwater wetlands. The property is on Block Island Sound, Fishers Island which has a protected toe of the slope with stone and boulders and heavily vegetated bank Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section 11I- Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): Disturbed property with no historical archeological resources Town of Southold LWRP nsistcncy Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See LWRP Section Ili- Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the pool will not impact vistas NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section II1 - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate) The proposed pool is set back away from the top of the bank which is completely stable and vegetated. The pool angles away from the bank. A retaining wall will maintain the existing slopes. Water is less dense then soil so no additional weight will be placed on the bank Policy& Protect and improve water quality and supply in the Town of Southold. See L WRP Section 1H - Policies Pages 16 through 21 for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): Not applicable Policy 6. Protect and restore the quality and function of the Town of SouthoM 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): no impact on habitat or wetlands. Policy7. Protect and improve air quality in the Town of Southold See L WRP Section lIl- Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A Policy 8. Minimize environmental degradation in Town of SouthoM from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): _residential pool creates no hazardous waste PUBLIC COAST POLICIES Tom of Southold LWRP nsistency Assessment Form 3 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 111- Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Not applicable, property along Block Island Sound. Access along sound not affected. WORKING COAST POLICIES Policy I0. 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 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate)-' residential use enhanced by views of Block Island Sound 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 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no impact on marine resources along Block Island Sound. Stable & vegetated bank 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 - no agricultural lands affected Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section II1 - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no impact on energy or minerals *copy of Town form created on 2/11/06 Town of Southold LWRP nsistency Assessment Form 4 Applying setbacks to Bluffs using the Bluff Line § 111-6. Definitions. The following terms, as used in the chapter, shall have the meanings indicated, unless the context clearly requires otherwise: BLUFF -- Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is 25 feet landward of the receding edge or, in those 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. RECEDING EDGE -- The most landward line of active erosion or, in cases where there is no discernible line of active erosion, the most waterward line of permanent vegetation. § 111-10. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: D. No movable structure may be located closer to the landward limit of a bluff than 25 feet. F. Plans for landward relocation of movable structures must be included with each application for a permit. Movable structures which have been located within a structural hazard area pursuant to a coastal erosion management permit must be removed before any part of the structure is within 10 feet of the receding edge. The last owner of record, as shown on the latest assessment roll, is responsible for removing that structure and its foundation, unless a removal agreement was attached to the original coastal erosion management permit. With the attachment of a removal agreement to the coastal erosion management permit, the landowner or the signatory is responsible for the landward relocation of movable structures. Removal agreements may be made when the last owner of record and the owner of the structure are different, with the approval of the Town at the time the permit is issued. § 275-2 Definitions; word usage. BLUFF -- Any bank or cliffwith a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is 25 feet landward of the receding edge or, in those 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. BLUFF LINE -- The landward limit of a bluff that is 25 feet landward of the receding edge or, in those 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 bluffwhere the trend of the land slope changes to begin its descent to the shoreline. NOTE: Pursuant to § 275-3 (b), the 100 feet setback for a residence is measured from the bluff line. SETBACK -- The minimum distance by which any building, structure or operations must be separated from a wetland boundary, coastal erosion hazard line or bluff line. § 275-3 Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subjeat to protection under Chapter 275 of the Code of Sonthold. [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: (h) [11 [21 [31 [41 Bluff line. Residence: 100 feet. Driveway: 100 feet. Sanitary leaching pool (cesspool): 100 feet. Swimming pool and related structures: 100 feet. PLANNING BOARD MEMBERS JERILYN B. WOODItOUSE 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 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: James King, President Members of the Board From: Mark Ten-y, Senior Environmental Planner LWRP Coordinator Date: July 13, 2006 Re: Proposed Wetland and Shoreline Permit for Michael and Susan Jefferies SCTM#1000-1-2-11 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Pro,am (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. I 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed residence from a freshwater wetland is proposed at 83 feet; a mlnim,,m separation distance of 100' is required pursuant to Chapter 97-12. Please require that the applicant amend tho application to meet the above policy. The proposed residence from a top of bluff is proposed at 52 feet; a minimum separation distance of 100' is required pursuant to Chapter 97-12. Please require that the applicant amend the application to meet the above policy. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.