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Home My WebLink About1000-52.-2-13 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Martin Sidor, Chair Members of the Planning Board From: Mark Terry, Principal Planner LWRP Coordinator Date: March 20, 2009 Re: Standard Subdivision of Nickart Realty The property is located on the south side of CR 4'8;'approximately 900 feet west of Bayberry Lane, in Southold. SCTM#1000-52.-2-13 Zoning District: R-40 This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District. 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 to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following recommendations are implemented to further the below listed policies: 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. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character; and Screen components of development which detract from visual quality. D. Use appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. The proposed action is located south of and in the view shed of Town Beach (a public beach) and County Route 48; a New York Scenic Byway. It is recommended that the Board restrict the build-out of the lots to minimize the impact to the view shed. This could be achieved by_ regulating the height of the structures coupled with the establishment of vegetative buffers as discussed below. E. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality: Preserve existing vegetation which contributes to the scenic quality of the landscape. In a 1997 Zoning Board of Appeals decision (#4480) the Board granted the requested variances with the understanding that natural buffers in the south and northeasterly areas of the property would remain intact. The location of the buffers is not depicted on the plat. Together with the Zoning Board of Appeals buffer requirements, it is recommended that the Board require that the existing vegetation be retained within the 15' vegetated buffer to achieve a vegetative screen/buffer between the residential structures, Town Beach and County Route 48. In addition, it is recommended that the buffer be enhanced through the planting of a minimum of four (4) street trees on each Lot adjacent to County Route 48 pursuant to§ 280-93 Front landscaped area of the Southold Town Code: 3~ 280-93 Front landscaped area. ,4 front landscaped area shall be required for all uses in all zoning districts'. The required landscaped area shall be covered with grass or other ground cover and shall include appropriate trees and shrubs. ,4s a minimum, in all nonresidential districts and in the Hamlet Density Residential and R-40 Low-Density Residential Districts', one shade tree having a caliper of two inches shall be planted within the front landscaped area for each 40 feet or fraction thereof of lot frontage. The purpose of the landscaping is to enhance the appearance of the use on the lot but not to screen the use from view. A. Residential districts. In all residential districts, required front yards, except.for the driveway, shall be landscaped with grass or other suitable ground cover, trees and/or shrubs. Require a minimum three year survival rate for planted vegetation. AdditiOnally: 1. Require that the applicant show the limits of clearing (60%) on the final plat' Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need .for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards'. The parcel is located in FIRM flood zone AE (el. 10). Finished, first floor elevations are proposed to be at elevation 12. Historically, flooding resulting from storm water and influence from high groundwater occurred on the eastern portion of the parcel and Old Cove Boulevard. In 2008 the Suffolk County Department of Public Works improved the drainage infrastructure of County Route 48 to mitigate the storm water influence. As indicated above the parcel is influenced by high groundwater elevations; 4.5' below existing grade. As a result the Suffolk County Department of Health Services is required that the septic system be raised with retaining walls. On February 4, 2009, the applicant submitted a "Plan for Drainage" to the Board, however, it is unclear to what extent (if any) the existing grade (other than the areas within the retaining walls) of the parcel will be changed. It is recommended that the Board clarify if the existing grade will be changed Higher elevations (10, 9.8, 9.6 and 9.3) of the parcel occur along the northern property boundary and lower elevations occur in the south of the property, adjacent to Old Cove Boulevard. The road bed of Old Cove Boulevard is lower than the parcel with elevations of 7.1 to 7.3. To mitigate potential storm water runoff and subsequent flooding of Old Cove Boulevard the proposal includes a 175' long French Drain on Lot 2 and on portions of Lot 1. Note, however, based upon the parcel topography and septic system retaining walls the proposed location of the French Drain may not be optimal. It is recommended that the Board require the Town Engineer evaluate the location of the French Drain in context to the existing parcel elevations (7.1), septic system retaining walls, grade changes (if any) and the location of driveways. To further policies 5.1 and 5.5 below: 5.1. Prohibit direct or indirect discharges that wouM cause or contribute to contravention of water quality standards; and 5.5. Protect and conserve the quality and quantity of potable water. A. Prevent contamination of potable waters by limiting discharges of pollutants to maintain water quality according to water quality classification, and limiting, discouraging or prohibiting land use practices that are likely to contribute to contravention of surface and groundwater quality classifications for potable water supplies; and It is recommended that the Board also require the following restrictions: 1. Require that all driveways be constructed of pervious materials. 2. Prohibit the use of synthetic fertilizers and herbicides. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc~ File Kristy Winser, Senior Planner