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Home My WebLink About1000-98.-6-1OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: ~,~ P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 Jim King, President Town of Southold Board of Trustees From: Scott Hilary and Mark Terry, LWRP Coordinators Date: September 13, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for CLAIRE & ROB R1CCIO SCTM#98-6-1 Patricia C. Moore, Esq. on behalf of CLAIRE & ROB RICCIO requests a Wetland Permit to demolish the existing dwelling and construct a new dwelling, swimming pool, and sanitary system. Located: 6512 Indian Neck Lane, Peconic. SCTM#98-6-1 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 ~ne, it is our recommendation that the proposed action is INCONSISTENT with LWRP Policy Standard 6.3 and therefore is INCONSISTENT with the LWRPo Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply wilh statutory and regulatory requirements' of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other land~ 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 actions; pool and related structures~ deck and residence are 15'~ 20'~ 25' 5", and 30' 1" respectively. The minimum setback requirements from the bluff line (as defined in § 275-2) is 100 feet for the proposed actions listed above pursuant to § 275-3. Please require that the applicant amend the proposed actions 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 of its waterward natural protective. Where 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, 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 ora 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 point of inflection is that point along the top of the bluff where the trend of the land slope changes to begin its des'cent to the shoreline. § 275-3 Findings; purpose; jurisdiction; setback~ 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] (1) Any freshwater wetland, tidal welland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernalpool; (5) Land within l OO feet of the areas listed above. D. Setbacks. [Amended lO-11-2005 by L.L. No. 17-2005] (1) The following min#num setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) Bluff line. Residence: lOO feet. Driveway: lOO feet. Sanitary leaching pool (cesspoold : I O0 feet. Swimming pool and related structures: l OO feet. 11:69 Figure #1 Existing residence. Further~ the proposed action may require a variance from the Zoning Board of Appeals pursuant to § 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 7$ feet from the bulkhead. § 268-5. Review of actions. F. Upon recommendation nfl kVRP Coordinator, the designated agency shah 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 LWRP Coordinator. The agency shah render a written determination of consistency based on the CAF, the LWRP 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 o[Appeals is the designated agency for the determination of consistency for variance applications subject to this chapter. The Zoning Board of Appeals shall consider the written consistency recommendation of the L WRP 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 activity consistent with the obiectives of this chapter. 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 with the LWRP 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. INSTRUCTIONS t qh~q: foreo~ I. All applicants for permits* including Town of Southold agencies, shall complete _1~. vjA~ proposed actions that are subject to the Town of Southold Waterfront Consistency R-~few L~. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistancy. *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 beneficial and adverse effects upon the coastal area t If any question in Section C on this form is answ_j~yes", then the proposed action the achievement of the LWRP policy standarjt~'~/a~'a~Z~nditions review law. Thus, the action should be analyzedhYp~re detail and, if a determination that it is standards and conditions. If an action standards and conditions, it shall no A copy of the LWRP is available in the fi (southoldtown.north fork.net), the the Town Clerk's office. B. DESCRIPTION SCTM# 1000-98-6-1 (Claire AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 631-765-4330 The Application has been submitted to (check Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees X Zoning Board Category of Town of Southold agency action (check a ~ (a) Action undertaken directly by Town agency (e.g. capital construction, pl~ activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] ~ (c) Permit, approval, license, certification: [] Type: Trustees Permit an~d ZBA Variance ~.~, ~~ Town of Southold LWRP Consistency Assessmen! Form 1 Nature and extent of action: The existing residence is located approximately 20 feet from the bulkhead. The existing residence will be demolished and new residence will be set back 50 feet from the bulkhead. The area is disturbed and the reconstructed house is more consistent with the LWRP then the existing structures. The property contains a bulkhead and timber retaining wall, therefore there is no threat to the property. Location of action:Indian Neck Lane, Southold Site acreage: 26,180 sq.ft. Present land use: , residential Present zoning classification: R-40 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: Rob & Claire Riccio (b) Mailing address: 78 Chelsea Road, Garden City NY 11530 (c) Telephone number: ( ) c/o Pat Moore 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 I£yes, which state or federal agency: __ DEVELOPED CO~tST 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 ora coastal location, and minimizes adverse effects of development. See LWRP Section I[1 - Poticies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The demolition of the existing structure enables the owner to move the house back to 50 feet from the bulkhead. The proposed structure makes beneficial use of the waterfront residence. The new dwelling will comply with current environmental regulations and energy efficiency. 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 X Town of Southo]d LWRP Consistency Assessment Form 2 Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. The existing building is not historic. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LI, VRP Section III - Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable [] Discussion (ifappropriat¢):There are existing shoreline protective devices, bulkhead built in the 70's, and the residential use of the property will not change. The propsed house contains gutters and leaders which control drainage and provides for proper sedimant control. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate)-' The proposed house meets flood standards. The property is protected by bulkhead and timber walls. Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III- Policies Pages 16 through 21for evaluation criteria Yes No [] Not Applicable X Discussion (if appropriate): New sanitary system will be required. The house is designed to prevent discharge of runoff into surface waters through use of gutters and leaders. The owner will plant native and Iow-fertilizer dependent plant species which reduce nitrogen loading from the site. 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 L WRP Section III- Policies; Pages 22 through 32for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The site is adjacent to Little Peconic Bay, the proposed residence will be greater distance from the bulkhead then the original structure. The property was developed with a year round dwelling and replacement of the dwelling is consistent with Town policies and New York State policies. The distance Town of Southold LWRP Consistency Assessment Form 3 of the house and sanitary to the wetlands was maximized and the setback to the bulkhead is in line with adiacent properties. Policy 7. Protect and improve air quality in the Town of Southold. See L ~RP Section III - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate):No impact is anticipated to air quality by replacement of a single family dwelling. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section llI-Policies; Pages 34 through 38for evaluation criteria. Yes No [] Not Applicable x Discussion (if appropriate): The proposed structures will not impact solid waste or hazardous substances. 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 X No [] Not Applicable X Discussion (ifappropriate):The parcel is private, however, access along the beach is open to the public 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 III - Policies; Pages 47 through 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Residential Homes along the water are the primary use in the Town of Southold. Southoid has limited commercial development and the taxes that new single family homes pay is disproportionate to the services they demand. The new dwelling will be assessed higher then the existine dwelliw,. 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. Town of Southold LWRP 4 Consistency Asscssmenl Form Yes X No [] Not Applicable [] Discussion (if appropriate): The house was constructed in 1950's and alterations made over time. The proposed dwelling will promote and enhance marine resource~ because the construction mitigates the existing conditions and is environmentally friendly and all the regulatory agencies control the proiect to prevent degredation of the environment. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): The area is not a desiffnated aericultural district. The neighborhood consist of single family homes on existin~ parcels Policy 13. Promote appropriate use and development of energy and mineral resources. See Lff/RP Section III- Policies; Pages 65 through 68for evaluation criteria. Yes X No [] Not Applicable [] Discussion (ifappropriate):Residential development is a recol~nized permitted and encouraged use in the Town of Southold. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 \ \ Dry~l¢ll - Note: Ho~se an angle Abandon SUP-.¥E¥ OF 51TUATE~ ExDUTHOLD TOI~ .' Sou'rHOLO EDFFOLK COUNTY, NY ~JRYEYEO 0D-01-2004 TOPO N W '+E S I 6P. APHIC SCALE ~ ~o JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N,Y.S. LIC, NO. 50202 RiVERItEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqserver\pros\04\04-124.pro FA'I~IL 'r' RESIDENCE AREA OF LEACHING POOLS OF HEALTH 'SERVIC~,~ REGULATIONS. TO BE PUMPED OUT, FILLED El/ NEC~ TRAPFIC LEACHING POOL '~'"' .- O 000 b Ory~uefl '\ SURVEY INFORMATION. JOHN C. EHLERS LAND z EAST MAIN STREET RIVERHEAD, NY SURVEYOR SURVEYEDr MARCH h 2004 TOPOGRAPHY ADDED: JULY &. :2004 SURVEYOR'S NOTES: I, ELEVATIONE ARE REFERENCED TO N.G,¥,D. ~"~ DATUM EXIST~NG ELEVATIONS ARE SHOEiN THUS' EXISTING CONTOUR LINES ARE SHOEiN THUSm ...... -5 ........ 2. FLOOD ZONE INFORMAT{ON TAKEN FROH FEMA FLOOD INSTANCE' RATE MAP (FIRM) No. 34103COI44 G DATED· MAY ~. ZONE AR: BASE FLOOD ELEVATION5 DETERMINED RECORD DEED L LOT COVERAGE PROPOSED HOUSE. 2.]15 st PROPOSED GARAGE fAttached): ~& SF PROPOSED PORCHES. ~O~ SF PROPOSED 5PA/POOL 308 ~F EXISTING SHED- ~O SF PROPOSED TOTAL: 4216 fl8.ff~,) AUG - 7 2008 PROPERTY OLUNERS, ROBERT t CLAIRE RICCIO f(,SI2 INDIAN NECK-. LANE. L.L.C.) SITUATE. PECONIC TOEIN OF $OUTHOLD SUFFOLK COUNTY, NEEl YORK SCTM~ 1000-~8-~,-I FLOO[2 f-LAIN; X SITE PLAN. I" = 20'-0" NORTH