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Home My WebLink About1000-30.-2-61OFFICE LOCATION: Town Hall Annex 54375 State Roate 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: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: March 10, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for THOMAS & JOYCE MESSINA SCTM#30-2-61 Catherine Mesiano, Inc. on behalf of THOMAS & JOYCE MESSINA requests a Wetland Permit to construct an in- ground gunite swimming pool at grade located 79' from the top of the bluff, pervious patio on grade, and pool mechanicals enclosed in sound-deadening cover landward of the proposed pool. Located: 1690 The Strand, East Marion. SCTM#30-2-61 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. 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 (blur0 In the proposed action (swimmino pool and patio) is approximately 71 feet; a minimum setback distance of 100 feet from the bluffline is required pursuant to Chapter 275-3. Findings: ourpose~ iurisdiction; setbacks. Please require that the applicant amend the proposed action tn meet the above policy to the greatest extent practicable. § 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. (1) The Jbllowing minimum setbacks app(~' to any and all operations proposed on residential properO, with#7 the jurisdiction {?/'the Board qJ' Trustees: b) Bluff line. 4] 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!~ recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrasy determination qf cons~tency, the agency shall elaborate in writing the basis jbr its disagreeme~t with the recommendation and st~tte the manner and extent to which the action is consislent with 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. Thomas G. & Joyce I. Messina SCTM # '1000-30-2-61 ~ '~ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM ~ , r (~ . ~ ]. All applicants forp r ts* incluang Town ofSouthola ' d;,, - ,- CCAF for proposed acaons that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other informm~on · , preparer of this 4~orm sh6uld review T~oc excm~p~t .n~n~ or action list, policies and explanations of each policy co~nt~ined in the .wn o~ ~oumold Local Waterfront Revitalization Program. A~b'"m~ ~d~ion will ~ evaluated as to its si 'ficant beneficial '~'"' · . gm and adverse effects upQ~tal area (w. hi{h incmaes all of Southold Town) - ~ ~ ~ ~-"~" '~ ~ -~ ~--I ~-- ma affect ' '~,~ , e proposed action y 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 e_xt~n~t practicably.wi.th ~.e LWRP policy s. tandards and conditions. If an action cannot be t · ce~m~e ,o as cons~srent vath the LWRP pohcy standards and conditions, it shall not. be ?b,e m the £o,ow g pla s: o eTowno£ ooumom s weos~te tsoumoldtown.northfork net), the Board of Trustees 0m~ ,;-~ Planning Department, all local libraries a~the Town Clerk's office , ~ \)~ The Application has been submitted to'(checlCappro~Sriate response): Town Board Planning Dept. Building?opt. X Zl/A X De,rd of Trustees 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, al)l~rovaL lieense~ certification: Nature and extent of action: CONSTRUCTION OF 16' X 30' IIG POOL Thomas G. & Joyce I. Messina 1690 The Strand, East Marion SCTM # 1000-30-2-61 Location of action Site acreage:. Present land use: 1690 The Strand, East Marion .602 A SINGLE FAMILY DWELLING 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: THOMAS G. & JOYCE I. MESSlNA (b) Mailing address: 22 Indian Hill Road. Cos Cob. CT 06807 (c) Telephone number: 203-618-0066 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? YesNo If yes, which state or federal agency? NYSDEC (non-jurisdictional) 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 H1 - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Construction of a pool at this site is proposed in a manner consistent with relief granted under similar conditions. The C&R's state that the 'owner of a waterfront Iot...shell not construct any part of the dwelling northerly of the approximate 100' bluff setback line shown on the filed map, unless approved by the Town of Southold." Clearly, at the time the map was approved, other improvements north of the dwelling were contemplated, and not prohibited. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section m - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed project is not located near any historic sites or districts. 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 The subject site is developed with a single family dwellin,q. Policy 3 has no relevance to construction of the proposed pool~spa. Thomas G. & Joyce I. Messina 1690 The Strand, East Marion SCTM # 1000-30-2-61 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Yes No Not Applicable The applicant realizes the importance of maintaining the integ#ty of the bluff and preventin.q any condition that may pose a threat to the bluff. The proposed pool will be des~qned and constructed in accordance accepted en.qineedn,q practices relevant to the site conditions. Further, the recommendations made by the Suffolk County Soil & Water Conservation Distdct will be implemented in conjunction with the pool~spa construction. Policy 5. Protect and improve water quality and supply in the Town of Southold. Yes No Not Applicable The subject site is developed with a single family dwelling. Policy 5 has no relevance to construction of the proposed pool~spa. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. Yes No Not Applicable The subject site is developed with a single family dwellin,q. Policy 6 has no relevance to construction of the proposed pool~spa. Policy 7. Protect and improve air quality in the Town of Southold. Yes No Not Applicable It does not appear that Policy 7 is relevant to construction of the proposed pooYspa. Policy 8. Minimize environmental degradation ia Town of Southold from solid waste and ha,~rdous substances and wastes. Yes No Not Applicable The proposed pool~spa will be constructed with drywells to provide for containment of any backwash materfal that may result from its operation and maintenance. 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. Yes No Not Applicable Construction of the proposed pool~spa will have no impact on public access to, and recreational use of, coastal waters, etc. Thomas G. & Joyce I. Messina 1690 The Strand, East Marion SCTM # 1000-30-2-61 WORK]NG COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. See LWRP Section m- Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 10 is relevant to construction of the proposed pool~spa on a residentially developed lot. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconie Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteris~ Yes No Not Applicable It does not appear that Policy 11 is relevant to construction of the proposed pool/spa on a residentially developed lot. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH- Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 12 is relevant to construction of the proposed pool~spa on a residentially developed lot. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 13 is relevant to construction of the proposed poeYspa on a residentially developed IoL NOTE~ ARt=A = ~,2~,0 ~. FT. IN THE Of~lOE O~ THE OLE~ OP ~U~POL~ ¢O~N~ ON CNE II, I~ AC FILE NO. ~28~. / / N S ~=20.O0'. L=51.42' Young & Young 400 Ostrander Aven~e, Riverhead~ New Y~rk 1190~ 63 f- 727-2303 Howard W. Young, La~d S~or Thom~ C. Wolpert, ~ofes~al E~gineer Robot C. T~t, Architect Dougl~ E. Ada~, ~ofes~nal E~gi~er LOT C, OV'DRA~E TOTAL BLIILDABLE A'R. EA -- tE,,255 E42. PT. EXISTIN¢ HC:~5tE H/R.O = 2,0"'/4 ,G~. FT. EXISTIN¢ 2ncl ~TORY !,flO0~ DEC.,K~, = 52"/ .~G. PT. EXISTIN~ ~,~OOD DEC,~ = 5:52 ~. FT. TOTAL =2,'~55 5~. FT. PP-OPOSED POOL ~ 5PA = 4ill 5GL FT. = 2.5~ = = TOTAL =3,244 ~. FT. = 21.2~6 5UR.V'E'Y'OR.'5 C.,ERTIF IC.,ATION E~JRVE¥ FOR JLH AS OGIA"I"E , LLG LOT II-/ "HAP OF PEBBLE BEAGH FARM5" At Eaet Harlon, Town of ~oChold ~u~olk Oovnt~, N¢~ ~ork Count~ T~x Hop District I000 ~cti0~ ~0 Block 02 Lot ~1 ROOF 121~INS ~ AtqEN~E~ POOL LOT ~IL~IN¢ ~HIT DATA F¢ POOL P~ATION L~ATION CE~TIFIGATIO~ ~IL~I~ ~HIT ~ATA FEEt ID, 200ct JAN. "/, 200~, AU~. 2, 200"/ NOV'. 14, 2005 JJLY' 2";, 200E MAY 25, 2¢KD'D APR. ~, 2005 FEI~. 25, 2005 ~C, ALE: I" --.~:)' JOB IlO. 200'1-O51'"/