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Home My WebLink About1000-58.-2-13OFFICE 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 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: December 8, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for ROBERT & BETH ANELLO SCTM#58-2-13 Patricia C. Moore, Esq. on behalf of ROBERT & BETH ANELLO request a Wetland Permit to replace the roof over the existing dwelling inkind/inplace with new design pitch and for the existing portable hot tub, and a Wetland Permit and Coastal Erosion Permit for the existing boardwalk (deck at grade) behind the existing bulkhead. Located: 1980 Leeton Dr., Southold. SCTM#58-2-13 THE FOLLOWING SECTION ADDRESSES THE PROPOSED INKIND/INPLACE ROOF REPLACEMENT: 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 us, it is our recommendation that the proposed action is EXEMPT pursuant to § 268-3; § 268-3. Definitions. MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: B. Replacement, rehabilitation or reconstruction ora structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without apermit; THE FOLLOWING SECTION ADDRESSES THE EXISTING BOARDWALK (DECK AT GRADE): 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP 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: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. 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. The proposed action "as built deck" is not "a water dependent use". It is recommended that the structure be located as faraway from the CEHA area as practical to maximize the distance from the "hazard area", minimizing the potential of future structural loss. 3. 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 incoastal 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. d. sites where relocation of an existing structure is not practical. The proposed action does not meet the above reasons to warrant "maintaining existing development" within this area. The distance from the "as built deck" to the ordinary high water is approximately 7' (See figure #1); a minimum setback distance of 100 feet is required pursuant to Chapter § 280-116 A. (1) which states: Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank. Further~ the proposed action may require a variance from the Zoning Board of Appeals pursuant to § 280-116 as referenced above. § 268-5. Review of actions. 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 ~RP Coordinator. The agency shall render a written determination of consistency based on the CAF, the L I~RP 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 agencF [or the determination of consistencF ['or variance applications subject to this chapter. The Zoning Board o[Appeals shall consider the written consistenc}, recommendation o[' the L WRP Coordinator in the event and at the time it makes a decision to grant such a variance and shah impose appropriate conditions on the variance to make the activitV consistent with the obiectives of this chapter. Figure #1 Existing deck (approximately 7' from Mean High Water and within the CEHA). if the Agency, (Board of Trustees) makes a contrat3, 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. In the event lhe LWRP ('oordinalor's reeommendalion is lhal lhe action is' inconsistent wilh the LWRP, and the agentT makes a contrary determination c?]' consislen~v, lhe agenc), shah elaborate in writing the basis ,fi~r its disagreement with the recommendation and slate the manner and extent to which the aclion is consistent with the L WRP polioT 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. 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). 3. 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% 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# 1000-58-02-13 OWNER: Robert & Beth Anello · 1980 Lee ton Drive, South old NY AGENT. Patricia C, Moore Esq. 51020 Main Road, Southold NYI~I~I~9'Y~ The Application has been submitted to (check appropriate response): , Town Board Planning Dept. Building Dept. Board of Trustee.~.~/~,. ~ Zoning Boar~of Appeals X 1. Category of Town of Southold agency action (check appropriate (a) cAoCtni~nrrt~ltid/n,rtpal~enarm~inrffCat2[vbiYty,T~Tncaygei;CgYu(;..go.n~Pi2~ transacti~)' (b) Financial assistance (e.g. grant, loan, subsidy) __ (c) Permit, approval, license, certification: X Variance/Wetland Permi~,-~ Nature and extent of action: Owner needs to change pitch of existing roof to correct structure built in 1960 (in kind & in place), existing decks (wood boardwalk) were constructed for access around the house and behind the bulkhead which becomes a nonturf buffer. Location of action:1980 Leeton Drive, Southold Site acreage: 6,825 sq.ft. To Coastal Erosion Line with another 10 feet to the bulkhead Present land use: existing house with existing wood boardwalk 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: Robert & Beth Annello (b) Mailing address: 1980 Leeton Drive, Southold (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: change existing roof pitch (in kind in place), existing boardwalk decking and temporary structure (hot tub) "as built" Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X 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 infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes No Not Applicable Existing lot and house is preexisting nonconforming. The existing house had additions in 1960 which require owner to remedy the existing condition of the roof. The lot is protected by bulkheaded with no bluff ad[aeent to Long Island Sound. The proposed work and "as built" structures is landward of the. The wood decks are "boardwalks" which are pervious and provide a non-turf buffer behind the bulkhead. 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 Yes No X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable Lands adjacent to Long Island Sound protected for both visual, economically productive and recreational resource. The existing house will only get a new roof(in kind & in place). The wood decking at grade (board walk) is pervious. The board walk is consistent with LISCMP (Long Island Sound Coastal Management Program) which prevents non- point source pollution, prevents flooding and erosion. 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 X Yes No Not Applicable No effect on flooding or erosion. Existing roof alteration will correct a structural problem to the existing roof. The boardwalk stabilizes the ground behind the bulkhead. 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 _Yes No X Not Applicable The roof alteration does not increase living space and the wood boardwalk is existing. The hot tub is set back away from the bulkhead and is a temporarg structure. 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 32 for evaluation criteria. X Yes No Not Applicable Setback to the Long Island Sound is nonconforming. The Coastal Area Boundaries of New York State along Long Island Sound will not be affected because of mitigation measures implemented by standard permit conditions. Soils along Long Island Sound (Carver, Plymouth, and Riverhead Soil) are deep, course texture and excessively drained. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No ~ Not Applicable Air quality_ will not be affected by residential use. Standard building codes compliance orohibit degradation of air quality or emissions. Efficient heating and airconditioning systems and filters protect against air quality. 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. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. Use of natural untreated materials (CCA is discouraged by Trustees) The boardwalk eliminates use of pesticides and turf areas. 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 XNo Not Applicable The parcel is private ownership 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 56 for evaluation criteria. Yes No X Not Applicable Residential use of property on establish lot will not adversely impact Long Island Sound coastline. 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 evaluation criteria. X Yes No Not Applicable Long Island Sound is adjacent to development of parcel, however, construction activity is minimized. The remediation to the roof is necessary (in kind in place) to meet structural requirements. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. Leeton Drive is predominantly residential development. 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 X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 N LOT COVERAGE AREA TO COASTAL EROSION HAZARD LINE = 6825 sq. ft. HOUSE,DECKS,HOT TUE~ & STEPS =~.309 Z309/~825 --33.8% COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD MAP PHOTO # 56-566-85 FLOOD ZONE FROM FIRM MAP NUMBER 3610300154 G MA Y 4, 1998. ELEVATIONS REFERENCED TQ N.G.V.D. · =MONUMENT ANY AL TENATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF S~CTION 7209OF THE NEW YORK STATE EOUCATION LAW. EX.PT AS PER S~CTION 7209-SUSDIHSION 2. ALL C~RllFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF' ONLY IF' SAIO MAP OR COPIES BEAR THE IMPRESSED SEAL OF' THE SUR~IZYOR I~II'IOS~ SIONA TURE APPEARS HEREON. AREA=7,723 80. FT. SURVEY OF PROPERTY A T SOUTHOLD TO,tN OF SOUTHOLD SUFFOLK COUNT. Y, N.Y. 1000-58-02-13 SCAL~. 1'--20' NOVEMBER 27, 200~ UUNE 19, 2008 (COASTAL EROSION H:4ZARD LINE) SEPT. 2~, 2008 [addlEons) SEPT.. 30~ 2008 (af~dilions) OCT. /6, 2008 Cgrdund level deck added lo to! ~overage~ \.,,.~..' '~-'~'..,,~*Z~r¢_~: ,/" ~S; LIC. NO. 49618 ~~,~ F~x (~) 7~5-~7~7 P.O. ~ 1230 ~A~LER STREET sou~o~o. ~.~ .~z~ ~-~ q 1 ri 'i