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Home My WebLink About1000-14.-2-3.6OFFICE 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 Soathold, 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: February 10, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit WILLIAM HAMILTON SCTM# 14-2-3.6 Patricia C. Moore, Esq. on behalf of WILLIAM HAMILTON requests a Wetland Permit to re-design the swimming pool, extend the existing deck and construct a wall to support the structures. 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 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 proposed action to the natural protective feature {bluff} is approximately 80 feet~ a minimum setback distance of 100 feet (from bluffline) is required pursuant to Chapter § 275-3. Findings~ purpose~ iurisdiction~ setbacks. Please require that the applicant amend the application to meet the above policies to the greatest extent practicable~ minimizing the potential for damage or destruction to man-made property~ natural protective features and other natural resources. § 275-3 Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold (l) Any freshwater wetland, tidal wetland, beach, bhtfJ; dune, fiat, marsh, swamp, wet meadow, bog, or vernal pool; Setbacks. The following minimum setbacks apply to a~v and all operations proposed on res identialproperO~ within the jurisdiction of the Board of Trustees: (b) BluJf line. [4] Sw#nming pool and related structures: l O0.[ket. Figure #1 View of neighbor to the east. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The tbltowing 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 distance from the proposed action to the Coastal Erosion Hazard Area is approximately 18 feet. It is recommended that the structure be located as far away from the CEHA area as practical to maximize the distance from the "hazard area" and minimize 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 in coastal 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 (swimming pool) is not a "water dependent use" therefore the proposed action does not meet the above reasons to warrant "maintaining existing development" within this area. The distance from the proposed action to the bluff is approximately 80 feet~ a minimum separation distance of 100 feet is required pursuant to § 280-116. Building setback requirements adiacent to water bodies and wetlands. Therefore the proposed action may require a variance from the ZBA pursuant to § 268-5. Review of actions. § 280-116. 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. 268-5. Review of actions. F. Upon recommendation of L WRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the Ll'gRP 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 WRP Coordinator. The agency shall render a written determination of consistency based on the CAF, the L WRP 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 agenc~ for the determination of consistency for variance applications sub]ect to this chapter. The Zoning Board o[Appeals shall consider the written consistency recommendation o[ 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 activit~ consistent with the objectives 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 Consisteni:y 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 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. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS lVIARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILinG ADDRESS: P.O. Box 1179 Southold, NY 11971 OvFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave~) Southold, NY Telephone: 681 765-1938 Fax: 631 785-3186 To: James King, President Members of thc Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: July 13, 2006 Re: Proposed Shoreline Permit for William SCTM~1000-14-2-3.6 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Wat~,fi'ont Revitalization Program {LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this departraent, 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. 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 regulation~ for all ,4ndros Patent and other lands under their jurisdiction Comply with Trastee regulations and recommendations as set forth in Trustee perm/t conditions, The UrODOSed aista_oce from the proposed pool t° top of bluff line h 89 feet; a minimum separation distance of 100' is required Durs~SO~ to Chanter 97-12. Please re(]uJre that the aunlicant 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. INSTRUCTIONS (Hamilton 1000-14-2-3.6) 2 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions lh~are subject to the Tow~ of Southold Waterfront Consistency Renew L'~w. ~is assessment is fmea~ed supplement other informatiooxI~ a~l'own oW Southol, d ag,erKcyxin g3~ting determination o f consistenq~. * Exr4pt.~m~nor exem.p~Ix~ acffixb~.'.~Ai~ing Building Permits and other mini t~4rial permits not~e0,,M{hin the Coastal Erosion Hazard ~re~ "'x r',' \bt 5 2. Before answeringtt(e q~ons,, in SeCtion C, the prq~arer 6f this form should review the exempt minor action list, policies and explanations of each policy contained in the T~n 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 prop.os, eu action .may .affect the a.chievemen! of the LWRP policy.standards the LWRP policy standards and conditions. If an action cannot be certified undertaken.aS consistent with the LWRP policy standards and conditions, it shall 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 Towq Clerk's office. D A TION B. DESCRIPTION OF SITE AND PROPOSE C SCTM#1000-14-2-3.6- construct pool to existing deck all alterations anil landward of Coastal Erosion Hazard Line and top of bluff. The Application has been submitted to (check appropriate response): Zoning Board X Town Board Planning Dept. Building Dept. Board of Trustees _X__ 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: Previous approval to construct pool and replacement sanitary system. Redesign of pool does not require relocation of sanitary. Pool part of existing deck but requires extension toward top of bluff. Haybales along top of bluff during construction and drywells for pool equipment Location of action: 2670 Grandview Drive, Orient Site acreage:.5 acres Present land use: improved 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: William Hamilton (b) Mailing address: 35 Mt. Vernon Street, Ridgefield 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 proposed pool location will cause less disturbance then previously approved permit to relocate sanitary system in same general area. Proposed pool will be set back no closer then 65 feet from top of bank. Bank is stable, vegetated and set back significantly from edge of tic line on Long Island Sound. See previous approval, current survey and plans in file. 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 The proposed pool will be constructed to be elevated at the level of the existing deck. The project is engineered by Joseph Fischetti, PE to assure no advers impact on life, 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 All construction will meet current stricter standards. 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 The Trustees require haybales during construction. Drywells for pool equipment will be provided. All other existing structures (house and landscaping will be retained.) The property is protected by stable vegetation. 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 II1 - 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 and relocated sanitary system. 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 WORK1NG 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 Construction of pool will be done with current environmental regulations. Proper protection of bluff with haybales and protection of water runoff, Bluff face and toe are stable and vegetated. 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 DATA TAKEN FROM SURVEY BY: SCA~: HILLEBRAND LAND SURVEYING, 1 ! CHURCHNILL LANE SHEET~O: SM~HTO~N, NY (~31) 543-513~ F~NAL SURVE: 12/18/2003 SITE ~ FINAL I 1 SHITHTOWN,(631)CHURCHHILL SURV£:543-513q 12/15/2003 NY LANE SHEET~O: SECTION C-C SECTION ' ~ ' . .~ .' ~ FOR POOL ~~[ ~ BE ABANDONED. BUILDING OFFSETS MEASURED TO THE FOUNDA T/ON SEPTIC SYSTE~ ~TER L/NE ~ND DRY,ELLS PER OTHERS PLOT PLaN OF tOT 2. N~P OF GR~NDVIE~ ESTATES ~r ORI~N~ FILED UUNE 8. 1~82 FILE NO. ~08~ SITU~ TED ~ T ORI~N~ TO~N OF SOUTHOLD. SUFFOLK COUNTE NE~ YORK SC~t~ · I' - ~0' SURVEYED: FINAL: D~CENBER 18. 200~ 7~DD DRY~LtS PER OTHERS: dUtY I. 200~ E~S~E~ ~/o~ su~u~ce sr~vcru~e~ ~eco~m o~ u~co~m ~ / TO DA T~' FEBRUARY 8. 2005 NOT GUARANTEED UNLESS PHYSICALLY EVIDENT AT THE TI~E OF / PLOT PLA~' APRIL 25. 2006 THE STRUCTURES ARE FOR g $~EC/FIC PURPOSE AND USE rHEREFOR~ THEY "~.~ . ' ~ PL 0 T PLAN REVISED: MA Y 24. 2006 ~E ~or ~r~E~ ro ~Om~EVr r~E ~O~E~rr U~ES O~ rD ~V~VE r~ , ' PLOT PLAN REVISED: AUGUST 22. 2007 ~, ~ , D/STRICT SECT/ON BLOCK LOT C~RrlFICATIONS INDICATED HEREON SHALL ~UN OUL r TO r~ PERSON FOR CO~P~N~ GOVerNMENT ~GENCY AND ~ENDING ~NSTITUDON UST~D HEREO~ w~E~ ~. I I ~U~CH~ ~ANE. S~ITHTOWN. NEW YO~