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Home My WebLink About1000-15.-3-16OFFICE 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 From: Date: Re: Jim King, President Town of Southold Board of Trustees Mark Teny, LWRP Coordinator Scott A. Hilary, LWRP Coordinator February 10, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for PETE SCHEMBRI SCTM#15-3-16 PETER SCHEMBRI requests a Wetland Permit to construct an 18'X 18' addition onto the seaward side of the existing dwelling, repair the existing wood steps and deck inkind/inplace, and to install a flagpole. Located: 1425 Soundview Rd., Orient. SCTM#15-3-16 THE FOLLOWING SECTION ADDRESSES THE PROPOSED 18' X 18' ADDITION: 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 SouthoM Town Board of Trta'tees 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 proposed remodeling of the existing home will project further seaward than homes on either side of the subiect lot and therefore is not in compliance with § 275-11 as referenced below. § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than homes on either side of the subject lot. The distance from the proposed action to the natural protective feature (bluff} is 85 feet~ a minimum setback distance of 100 feet 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. § 275-3 Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; D. Setbacks. The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) Bluff line. II] Residence: l OO feet. The distance from the proposed action to the bluff is 85 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 bluffor bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluffor 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 L WRP policy standards summarized in ~ 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 agency for the determination of consistencF ['or variance applications sub]ect to this chapter. The Zoning Board of Appeals shall consider the written consistencF 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 activitv 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 LI~RP 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 £ ~VRP policy standards. THE FOLLOWING SECTION ADDRESSES THE FLAG POLE, REPAIRS TO THE EXISTING WOOD STEPS AND DECK INKIND/INPLACE: 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. TOE ~outhold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 .i~ making a determination of consistency. *Except minor exempt actions including Building andotherministerialpermitsnotlocatedwithintheCoastalErosionHazardArea. 2. Before answering the questions in Section C, the preparer of this form should review f~X~;empt .minor action list, policies and explanations of each policy contained in the Town of S0uthold Local Waterfront Revitalization Program. A proposed action will be evaluated./as t~9/i~ significant beneficial and adverse effects upon the coastal area (which includes,, ~ ~,/~ ~1~, ¢ \all o old. qbwh). 3. If any question in Section C on this form is answered "yes or ~n~o~'~lae.h~tl~ ~roposed action will affect the achievement of the LWRP policy standards and cp~fi4iti~r~ c~nta3hed in the consistency review law. Thus~ each answer must be explained in ~l~thW. ~ both supportin~ and non- sum)orfin~ facts. If an action cannot be certifielll ~sx oo~i~teta{Lqvi~'the LWRP policy standards and conditions, it shall not be undertaken. /~ ,~,3 /~//~ A copy of the LWRP is available in the following places:' online at the Town of Soc thold ' s website (southoldtown.northfork.net), the Board of Trust?es.Office,.Ihe-Pl~n~IT~q'~_ ~ ~L~al~ local libraries and the Town Clerk's office. ' . 'Ix B. DESCRIPTION OF SITE AND PROPOSED ACTION 4-~,1 C~ ~' L: ~::: '!1 : The Applieafi°n has been submitted t° (check appr°pfiate resp°nse): [ ~..~.j .. ~i- ' ::i'!~ .. '~< TownBoard I I PlanningBoardl I BnddmgDept. lt..f- BoardofTrustees ~ 1. Category ofTown of Southoid agency action (check appropriate res_,a (a) Acfion undertaken directly UY Town agency (e.g. capital ~ _ /4~ /~'( 5 construction, planning activity, agency regulation, land transacfion)~.~ k ~ Co) Financial assistance (e.g. grant, loan, subsidy) /~ ~" L (c) Permit, approval, license, certification: Nature and extent ofaction: / ~7 ~/'//~ ~.~~ Site acreage: ~_ ~ D ~' ~ P?esent land use: ~ Present zoning classification: ~ ~-t~ If ~ app~cafion for ~e proposed action h~ been filed ~ ~e To~ of S~u~old agency, ~e follo~ng ~omation sh~l be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code (). (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? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will re,quire that the form be returned for completion. 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. YesNo J fAo, A plicable ,' . Attach additional sheets f necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Po~s 3 through 6 for evaluation criteria ~ Yes ~ No[T-]~L~ Not Applicable 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 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 HI - Policies Pages 8 thjzough 16 for evaluation criteria 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 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~ Y¢~ No ~cable 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. [] Yes [] No ~~ot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See~3VRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No[7~"~ ~l'~l Not Applicable PUBLIC COAST POLICIES Policy 9~ Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of thc Town of Southold. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. ~ Attach additional sheets if necessary WORKI.~G COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LW~ltt~ Section III- Policies; Pages 47 through 56 for evaluation criteria. ~'] Yes~] No~-l/i t~Not Applicable Attach additional sheets if necessary Polity 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonie Estuary and Town waters. ~"L-~RP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes [] No ~Not Applicable 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 evalu~9~riteria. ~ 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~gh 68 for evaluation criteria. ~ Yes ~ Nor~ot~ --Applicable P~PA~DBY~ TITLE -~- . . ~ ~ (~ ........ ~ ....... ~ ~ ~ EXISTING ~ EXISTING ~ _ _ [ % EXISTING 0 ...... ~ ~ = ~ T:~ ~ ~ ~ EXI6TING FOYE~ k 0 Z m m JA,~ 2 1 ~4.42' 0 0 0 Z / / / , / ~ / / / / / I / 26.5' l& 1-1/2 STORY FRAME HOUSE 34.3' / / &STEP I PIPE / / / / FOUND PIPE /® ~ONDmONER UNiT Pete Schembri SCTM#1523-16 SURVEY OF P/O LOTS 18 & 19 MAP OF ORIENT BY THE SEA SECTION No. FILE No. 2777 FILED NOVEMBER 21, 1957 SfTUA T£ ORIENT POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-15-03-16 SCALE 1"=20' AUGUST 25, 2008 NOVEMBER 25, 2008 ADDED PROPOSED DECK JANUARY 19, 2009 ADDED PROPOSED GARAGE ADDITION AREA = 24,055 sq. ff. (TO TIE LINE) 0.552 CERTIFIED TO: PETER SCHEMBRI GAll SCHEMBRI FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK LOT COVERAGE DATA LOT AREA LANDWARD Of TOP OF BLUFF 18,350 sq. ff. DESCRIPTION AREA % LOT COVERAGE EXISTING HOUSE 1,670 sq. ft. 9.1% PROPOSED DECK 965 sq. fi. 5.2% PROPOSED ADDITION 324 sq. fi. 1.8% TOTAL 2,959 sq. fi. 16.1% / / / / / 1-1/2 STORY UNIT 50467 Nathan Taft Corwin III Land Surveyor PHONE (651)727-2090 Fox (631)727-1727 1,384,.42, / / / / U~Lrp¢ 25.00' I?OAD" THE EXISTENCE OF RIGHTS OF WAY AND/OR EASENENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. MS-g751