HomeMy WebLinkAbout1000-14.-2-3.6OFFICE LOCATION:
Town Hall Annex
54375 S~ate 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: April 8, 2009
Re:
Chapter 268, WATERFRONT CONSISTENCY REVIEW
Administrative Permit for WILLIAM HAMILTON
SCTM# 14-2-3.6
Patricia C. Moore, Esq. on behalf of WILLIAM HAMILTON requests an Administrative Permit to selectively clear the
buffer seaward of the existing fence line by removing the non-native plant species and replanting the area with native
plants. Located: 2674 Grandview Dr., Orient. SCTM#14-2-3.6
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 the denoted following Town of Southold LWRP
policy standards.
6.3 Protect and restore tidal and freshwater wetlands.
In addition to protecting and improving the Town's wetlands, adjacent lands that provide buffers to wetlands must be
maintained and enhanced, and where appropriate, reestablished. These buffers are necessary to ensure the long term
viability of the Town's wetlands. Where these lands are in private.ownership, educating residential owners as to the long-
term benefits of compatible land use and landscaping techniques will be essential to maintaining the ecological health of
wetland areas.
4. Buffer width necessary to achieve a high particulate filtration efficiency of surface runoff as determined by vegetative
cover type, soil characteristics, and slope of land.
E. Maintain buffers to ensure that adverse effects' of adjacent or nearby development are avoided:
1. Maintain buffers to achieve a high filtration efficiency of surface runoff
2. AvoM permanent or unnecessary disturbance within buffer areas.
3. Maintain existing indigenous vegetation within buffer areas.
4.2 Protect and restore natural protective features.
Natural protective geologic features provide valuable protection and should be protected, restored and enhanced.
Destruction or degradation of these features should be discouraged or prohibited.
The Covenants and Restrictions established for the subiect parcel, part of the maior subdivision of Grandview
Estates prohibits the proposed action. Covenant and restriction #5 set forth onto said subdivision states: Clearing
and cutting of vegetation within 100 feet of the top edge of bluff shall be limited to that necessary for maintenance.
See attached Declaration of Covenants and Restrictions for Grandview Estates recorded on May 27~ 1982 (~ 12:14
p.m.
If the agency, Board of Trustees makes a contrary determination of consistencv~ the agency shall elaborate in
writinR the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront
Consistency Review'.
§ 268-5. Review' of actions.
In the event the LI{dRP Coordinator's' recommendation is that the action is inconsistent with the LbVRP, and the
agenc[v makes a corttrary determination of consistency, the agentT shall elaborate in writing the basis' d~br its
disagreement with the recommendation and state the manner and extem ta which the action is consis'tent with the
L ~VRP 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.
TELEPHONE
765- 193~ .
May 26, 1982
Mr. Harold Reese, Sr.
Reese Bros. Inc.
855 Sunrise Highway
L!rnbrook, New York 11563
Dear Mr. Reese:
The following action was taken by the Southold Town Planning Board
at their meeting held May 24, 1982.
RESOLVED that whereas, a formal application for the approval of a
subdivision plat entitled Grand View Estates owned by Ronald,
Christine & Harold Reese, Jr. was submitted to the Planning Board'.
on January 14, 1981, and an application fee was paid on March 26,
1981, and
WHEREAS, a public hearing was held on said subdivision application
and plat at the Town Hall, Southold, New York on March 22, 1982 at
8:00 p.m., and
WHEREAS, the requirements of. the Subdivision Regulations of the
Town of Southold have been met by said subdivision plat and applica-
tion,
NOw, therefore, be'it RESOLVED that the applicatio~ of Ronald,
Christine & Harold Reese, Jr. for approval of said subdivision plat
prepared by Roderick Van Tuyl dated Februar~ 22, 1982, be approved
and the chairman be authorized to endorse approval on said subdiv-
ision plat subject to the following conditions:
No lot shall be subdi%ided or its'lot lines changed
in any manner at any future date unless authorized
by the Town of SouthOld Planning Board.
' , (2) ('
· Harold Ree.se, ~r. (~ ~ May 76, 1982
2. No grading 'shall be permitted within 50 feet of the
top edge of the bluff except that that may be neces-
mary to control or remedy erosion or to prevent storm-
water from flowing over the edge of tke bluff.
3. No sanitary disposal facility shall be installed or con-
structed within 100 feet of the top of the bluff.
4. No stormwater runoff resulting from the development and
improvement of the subdivision or any of its lots shall
be discharged down. the face of the blpff or directly
into Long Island Sound in'any manner.
5.. Clearing and.cutting ~f vegetation within 100 feet of
the top edge of the bluff shall be limited to that neces-
sary for maintenance.
6. Access to the beach shall be by means of a suitable struc-
ture designed and constructed in a manner that will result
in the least disturbance of the stability of the bluff.
Conditions 1-6, inclusive, shall also be filed as covenants
and restrictions in ~he office of the County Clerk on or
prior to the granting of a~proval to this subdivision.
Please submit a copy of the filed 'covenants and restrictions to this
office at which time the chairman may.endorse 'approval on the subdiv-
ision maps.
Your~ very truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS INDEI~TUREo made th~s ~'~ day of May, 1982, by HAROLD REESE, JR.,
~ residing at 855 S~r~se H~hway, L~rook, New York; RONALD REESE, res~ at
~-. ~1 E. Wash~on Street, L~n~on, V~, and C~T~E.REESE, res[d~ at
~ 239 S. E. Four~ Ave~e, Pomp~o Beach, Flo~da, here~tar called Decl~ts.
W~REAS, Decl~ants are ~e o~s of certa~ re~ ~roperty incated at
~Or~ent, To~ of Southold, County of Suffolk and State of New York, being ~e same
prem~es conveyed to the Decl~ts by He~y SledJeski and Be~a O~a, e~e~tors
of ~e Estate of Amelia Sledjes~, By deed ~ated J~uary 12. 1~8~ ~d recorded ~ the
~Suffo~ County Clerk's Office on January 19, 1982 ~ Lther 8945 of deeds at p~e
0
W~REAS, the Decl~ts ~tend to subd~de ~d develop ~e aforesaid pre~ses
as a pla,reed community, aud
WHE~REAS, the Suffolk County Planning Commission in approving said subdivision
~0
map requires thst certain conditions should be imposed upon said premineD to help
t
001 preserve the natural and aesthetic.attributes of the shoreline sf Lon~ Island Sound, and
=~ .-. Wt~EREAS, the Southold Town Planning Board, in its approval of sald subdivision
r ./n~ap requires that the covenants and conditions hereinafter set forth be imposed:
NOW, TI-EEREFORE, the Declar~nts declare that the aforementioned premises
.~be and the same hereby are held and shall he conveyed subject to the conditions,
~ l~r~haser of said premises or any portion thereof by the acceptance of a deed thereto,
covenants and agrees that the ~remises so purchased shall be hel~ to the
conditions, covenants and restrictions, to wit:
L That no lot shall be subdivided or its lot lines changed in any manner, at
any future date unless authorized by the Planning Board of the Town of Southold.
2. That no grading shall be permitted wf*h~n 50' of the top edge of the
bluff adjacent to Long Island Sound except such grading as may be necessary to
'~ontrol or remedy erosion or t~ prevent storm water from flowing over the edge
of the bluff.
3. That no sanitary disposal facility shall be installed or constructed wi~Lin
100[of the top of the bluff adjacent to Long Island Sound.
4. That no storm water runoff zesult~g fror~he development and improvement
of the subdivision or any of its lots shall be discharged do~m the face of said bluff or
directly ii, to I~ng Island Sound in any manner.
5. That clearing and cuttir~ of vegetation within I00' of.the top edge ~fthe
bluff adjacent to Long Island Sound shall be limited to that necessary for maintenance.
6. That access to the Beach adjacent to Long Island Sound shah be by means of
a suitable structure designed and constructed in a manner that will result/n the
least disturbance of the stability of the bluff. ·
That all of the foregoing covenants, conditions and restrictions shall be construed
as real covenants runnin~ with the land and shall continue and remain in full force
and effect at all times as against the owners of the premises for any portion thereof,
IN WITNESS V~IIEREOFo said Declarants have set their hands and affixed
the{r seal the day and year first above written.
Harol ' · [
Ronald Reese by HarOld Reeseo Jr. [
as attorney-in-fact
as attorney-in-fact
STATE OF NEW YORK)
COUNTY OF
On the ~-~; day of May, 1982, before me persdnaily came Harold Reese, ,Yr.,
to me personally known to be the person described and appointed attorney-in-fact
in and by a certain power of attorney executed by Ronsld Reese, dated '~,%~ ~.~ - ~-I
to be recorded in the Office of the Clerk of Suffolk County simultaneously with
the foregoing instrument as the act Of said Ronaid l~eese.
STATE OF NEW YORK)
~. ss:
COUNTY OF
On the ~-7 dky of May, 1982, before me personally came Harold Reese. Jr.
to me personally known to be the person described and appointed attorney-in-fact
in and by a certain power of attorney executed by Christine Reese, dated ~
to be recorded in the Office of the Clerk of Suffolk County simultaneously with
the foregoing instrument as the act of said Ch~£stine Reese.
STATE OF NEW YORK {~:
County of Suffolk
Clerk of the County of Suffolk and Clerk .f.the Supreme
I ARTHUR J- FELICE, . - o .~ ~--~-, tsakl Court being a Court of
· Court of the St~.te of New York m ~na mr sm~ ,-0~,~ ·
EREBY CERTIFY that I have compared the annexed copy of ~
Record) DO H ~.~:~_ ~
it is a~7~st and truecopy of such original
of the whole thereoL
~?id Coun~and Court th~ -~ .....
.~ ................................. ~--:? ..... ~.:7~:'.' '~i~.
-4-
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS (Hamilton 1000-14-2-3.6)
1. 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
2. Before answering the questions in Section C, the preparer of this ~o~I
should review the exempt minor action list, policies and explanatio~ ~.of ~A~AI]I $~ 2000
each policy contained in the Town of Southold Local Waterfront i' · '
Rewtahzat~on Program. A proposed action will be evaluated as to ~t~ .... ~:t~ii~ ¢~:~.:~-~-&
significant beneficial and adverse effects upon the coastal area (whiCh · ~_2~E~'~ '~_~
includes all of Southold Town).. . ' ~'~'~ ~3
3p ;~ fp oa~s eYdq:c~Si ~n° nn~ySaef~;i~:t hCe ~h?2; :°m er~ti; ~ ~Y;; ti ct hy e~t ~ ar d s and ~-~k~~\ 'x '
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
as consistent with the LWRP policy standards and conditions, it shall not
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#1000-14-2-3.6- Maintenance of top of bluff- selective clearing of non-native invasive
plant species- replant with native species 1-3' o.e. to maintain plant coverage within plant
buffer
The Application has been submitted to (check appropriate response): Zoning Board_
Town Board Planning Dept. Building Dept. Board of Trustees _X (nlantim, [}lan)
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) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
Maintenance of top of bluff- selective clearing of non-native invasive plant species- replant
with native species 1-3' o.c. to maintain plant coverage within plant buffer
Location of action: 2670 Grandview Drive, Orient
Site acreage:.l +acre
Present land usc: improved residential
Present zoning classification: R-40
2. If an application for the proposed action has been filed with thc Town of
Southold agency, the following information shall be provided:
(a) Name of applicant: William Hamilton
(b) Mailing address: 35 Mt. Vernon Street, Ridgefleld NJ 07660
(c) Telephone number: Area Code ( 212 )682-2710
(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
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
Bluff protection with planting. Remove invasive plant species and plant native, drought
tolerant plant species.
Attach
additional sheets if necessary
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 Not Applicable
Existing developed site- fully developed area.
Attach additional sheets if necessary
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
Yes No Not Applicable
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
Yes No Not Applicable
planting of top of bluff and bluff to protect existing structures and natural resources.
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
Yes No Not Applicable
plants provide nutrients to bluff and erosion protection
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 III - Policies; Pages 22 through 32 for
evaluation criteria.
Yes No Not Applicable
plants are beneficial to coastal wildlife habitat
Attach additional sheets if necessary
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
Attach additional sheets if necessary
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.
Yes No Not Applicable
Property is presently developed with a two story single family dwelling, deck and approved
for a pool. Maintenance of top of bluff- selective clearing of non-native invasive plant
species- replant with native species 1-3' o.c. to maintain plant coverage within plant buffer
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
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 III - Policies;
Pages 47 through 56 for evaluation criteria.
Yes No Not Applicable
property is a waterfront parcel with a single family dwelling. Attach additional sheets if
necessary
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.
Yes No Not Applicable
Maintenance of top of bluff- selective clearing of non-native invasive plant species- replant
with native species 1-3' o.e. to maintain plant coverage within plant buffer
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP
Section III - Policies; Pages 62 through 65 for evaluation criteria.
Yes No Not Applicable
Attach additional sheets if necessary
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 Not Applicable
./
MAR 31 2009