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HomeMy WebLinkAbout1000-33.-1-6 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~ Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date April 27, 2011 Re: Coastal Consistency Review for ZBA File Ref. MARY BETH HENSON #6461 SCTM#1000-33-1-6 Note that the Board of Trustees issued a Chapter 275 Wetlands Permit and Chapter 111 Coastal Erosion Hazard Permit number 7414 (attached) for the action on October 10, 2010. Request for Variances from Art. XXII Section 280-116A(1), Art. XXIII Section 280-124 and Art. III Section 280-15F and the Building Inspector's Dec. 9, 2010, Updated February 25, 2011 Notice of Disapproval based on an application for building permit to construct alterations/additions, accessory in- ground swimming pool and decks at; 1) less than 100 foot setback from top of bluff for alt/add, 2) less than the minimum code required side yard setback of 15 feet, 3) less than the code required combined side yards of 35 feet, 4) Accessory structures proposed location other than the code required front yard on water front property at: 3300 Sound Ddve (Adj. to Long Island Sound) Greenport, NY SCTM#1000- 33-1-6 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 me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards due to the miti.qatinq factors imposed by the Board of Trustees and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7414 DATE:~ ISSUED TO: ' Y B TH HENS PROPERTY ADDRESS: 3300 SOUND D GREENPOR SCTM#3~I-6 AUTHORIZATION Pursuant to thc provisiom of Chaptfa' 275 and/or Chapter 111 of the Town Code of the Town of Soufl~old and in accordant: w/ih ~hc Resolution of ~h¢ Bo~rd ofTn~tee~ adopte~ at the meeting held on ~ and in comidemtion of aloplicatlon fee in the sum of $250.00 paid by ~ and subject to the Terms and Conditiom aa stated in the Resolution, the Southold Town Board of Tmstee~ authorizes and permita the following: Wetland Permit to construct onto existing two-story, one-family dwelling: darner additions to the sceo~id story; a oue~story addition, covered porch and steps onto the front side of the house, parthlly in place of an existing, raised masonry patio to be removed; a screened por~ in place of an attached garal~~ to be removed form the west side of the house; and new deck in place of an existing de~ to be remOved from the waterside Of the house; remove existing hot ~ub and concrete pad; and construct a new hot tub ami ~ng pool; with the _co~di~ ~*on of the installation of a !0'. wide ~en-turf buffer area along the, top of the MUff, the in~ation of k'U~ to hders~'~elb to contain ~0of FUnOff/nd p6ol dryWe~to contain runoff and in a? ~,'tdance.with Cliapter 236 of the Towa Code - Sform W~ter Maiiagement; and as deplet~=6a the sur~ey pr~aMi by Jobu~C. gMers Land sarvC'YOr) last dated September 24, 2010, and Stamped a~)Proved on Octolm· 20', 2010. IN WITNES~ WHEREOF, the said ~ of Tmst~z hereby c, ausm its Corporate Scal to be affixed, and tl~sc ,res~nts to be s~b~rl'be, d by a:m~j0rib/6fth~ said Boa~ as of thiz date..: NOTICE - I ~ cou~ o~ ~ D.,~I Prnn~rfv Tflx Service Aoel~ TO: FORM NO. 3 NOTICE OF DISAPPROVAL Mark Schwartz, Architect For: Mary Beth Henson P.O. Box 933 Cutchogue, NY 11935 80.~R/~ OF A~p~L~ DATE: December 9, 2010 Updated: Feb. 25, 2011 Please take notice that your application dated December 2, 2010: For permit to construct alterations/additions, in-ground swimming pool and decks at: Location of property: 3300 Sound Drive Greenport, NY County Tax Map No. 1000 - Section 33 Block 1 Lot 6 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 29,581 sq. ft. (14,300 sq. ft. buildable area) waterfront lot in the R40 District, is not permitted pursuant to Article XXII, Section 280-116(A)(1), which states "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." The proposed construction is sbown at 39 feet +/- from existing bluff. Pursuant to Article XXIII, Section 280-124, non-conforming lots, between 20,000 - 39,999 square feet, require 15' minimum side yard and 35' combined side yards. The proposed minimum side yard is 11' and combined side yards is 24'. The proposed in-ground swimming pool/hot tub are not permitted, pursuant to Article III, Section 280-15F, Accessory structures may be located in a front yard... The swimming pool/hot tub is proposed in the side yard. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 28, 2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6461 HENSON, Mary Beth 1000-33.-1-6 Dear Mark: We have received an application for additions and alterations with bluff setback. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Encls. Very truly yours, Leslid1 ' Chai/~ ~~ By: v~ SURVE'r' OF LOT IO-/ HAP OF "SECTION FOUR, EASTERN SHORES" FILED HARZDH 1, Iq~ PILE No. 458~(2 5'I'T'UATE.' ~'REENPOR.T TOP'IN.' 50UTHOLP ..5UFFOLK COUNTY', N'1' 5~RVET'ED: AIJC,~JST I~, 2010 PROPOSEP ACTIONS: .SEP"r..24, 2010 C.,EHA R. EVISION~ NOV. I, 2010 ROOF I~EC, K: FEB. q, 2OII .,¢) c~'~'~'~ ~: ~'00~ MA~Y BB"L~ ~I~,NSON DATA: PROPERTY: 29.581S F BUILDASLE LAND: PROPERTY LANDWARD OF CEHA LINE 14, 330 S.F~ 100% EXISTING HOUSE J537 S.F. ~0.73% EXISTING OECK 337 S,F, 8 35% RECEWED FEB 2 ~ 2011 BOARD OF APPEALS N MONUHENT FOUND Arco = 2q~5¢1 5. F. OR O.(~-/ql ACRE5 TO A~ HIgH ~R MARK OEHL AN~TA~P FRO~ ~5 ~O OOAST~ ER~ION H~A~ A~A MAP, TO~ OP ~LD, ~POLK O~, NE~ ~ORK PHOTO No. 5~-~5-¢~ ~ET I~ OF 4q ELEVATON~ ~N ~FE~CE N~VD'2q ~HOLD TO~ ~{DENCE ZO~ R-~ PROPOSED I~M~ IN ~P ~PHIG ~E I"= ~' JOHN C. EI-H.ERS LAND SURVEYO: 6 EAST MAIN STREET N.Y.S. LIC. NO. 5020 ~, N.Y. 11901 369-8288 Fax 369-82l · --" * I oF t~~1111 il ~ , , I ~ x /- ~-~ :..~ ~'-~' ~: er. ..% ~PRO]E~ NORTH 2ND. FLOOR P~N ~LE: 1/8" = 1' FEB ~ ~i 2011 i~OARD OF APPEAL~ ~SIONS: ILO' 12.5' ENTRy OPROJECT NORTH 1ST. FLOOR PLAN SCALE: 1/8" = 1' FEB g BOARD OF APPEALS z © WEST ELEVATION SCALE; 1/8" = 1' EXISTING WEST ELEVATION SCALE: 1/8" = 1' P.~CL:IV~D FEB ~ 5 2011 BOARD OF APPEAL~ A-4 NORTH ELEVATION EXISTING NORTH ELEVATION SCALE: i/B" - 1' FEB ~ ~ Z011 ~ARD OF APPEA~ I A-3 EAST ELEVATION SCALE: EXISTING EAST ELEVATION SCALE: 1/8" = 1' 80ARD OF APPEALs REVISIONS: A-2 SOUTH ELEVA-IION SCALE: 1/8" = I' ---.-- I I I I I I I I i I I I i I I I I I I I i ~ I In EXISTING SOUTH ELEVATION SCALE: 1/8" = 1' RECEI~/ED FEB 2 BOARD OF APPEALS A-1 Office Notes: __ Filed By:. For Office Use Only Date Assigned/Assignmem No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No.3300 Street SOUND DRIVE Hamlet GREENPORT SCTM 1000 Section 33 Block 1 Lot(s) 6 Lot Size Zone DistrictR-40 1 (WE) APPEAL THE WP~ITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 12/9/10.~,~,~d BASED ON MAP DATED 11/1/10 Applicant(s)/Owner(s): MARY BETH HENSON Mailing Address: 130 EAST 75TH STREET, APT. 7C, NEW YORK, NY 10021 Telephone: 212-772-6906 Fax: Email: 3300SOUND~GMAIL.COM NOTE: In addition to the above, please completed below if applicam is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: EN-CONSULTANTS, INC for (×)Owner, or ( )Other: Agent's Address: 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 Telephone: 631-283-6360 Fax:631-283-6136 Email: P. HERRMANN®ENCONSULTANTS.COM Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address Below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 12-2-10 AN APPLICATION DATED: 11-1-10 FOR: [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [3 Permit for As-Built Construction Other: and DENIED Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 280- Subsection Article Section 280- Subsection SEE ATTACHED NOTICE LETTER Type of Appeal. An Appeal is made for: ~1A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has [] has not been made at any time with respect to this property. UNDER Appeal No. Year__. (Please be sure to research before completing this question or call our office for assistance). Name of Owner: MARY BETH HENSON ZBA File # ~ECl3~ED REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS. ~OARD OF APPEAL~ (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: SEE ATTACHED (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: SEE ATTACHED (3) The amount of relief requested is not substantial because: SEE ATTACHED (4) The variance will NOT have an adveme effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED (5) Has the alleged difficulty been self-created? ( )Yes, or 00No. SEE ATTACHED Are there any Covenants and Restrictions conceming this land: [~No [-Iyes(pleasefurmshcopy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND P~.~ASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signatu/e"'o~Appellan~'-~or A~'"~thorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 18TH ROBERT E. HERRMANN d~, ~2~-L~ C OA STAL MAN AG EMENT SPEC IA LI ST Kill fl. STEPHENS NOTARY PUBLIC STATE t~F NEW YORK QIIALIFIEB IN SUFFOLK CO.~NTY EXPIRES AUGllBT 2, 2 Mary Beth Henson "Area Variance Reasons" Page 1 of 2 C~ED ~z£1~ ,~ 5 2011 BO4R~ o~ a~4~ Robe~E~em~ The granting of the requested relief from §280-116(A)(I) for the proposed deck and porch additions to the waterside of the existing 2-story dwelling will not have an adverse impact on neighboring properties or the character of the community, as the developed shoreline community along Sbund Drive is characterized by two-story dwellings located similarly nonconforming distances from the bluff, including the only developed parcel to the west and the four neighboring properties to the immediate east. The project will not create any significant change even to the character of the subject property, as the proposed deck will maintain the existing minimum bluff setback on the east side of the house, and the proposed porch will be constructed substantially in place of an existing attached garage on the west side of the house, where the separation distance between the house and bluff is maximized. Four feet of minimum side-yard relief is required pursuant to §280-124(B) in order to reduce the existing nonconforming 14' side-yard setback to 11 feet where 15 feet is required, which in turn creates the need for relief to reduce the existing nonconforming total side yard of 27 feet by an additional 3 feet to 24 feet where 35 feet is required. Although the overall side-yard relief required is not negligible, the additional encroachment relative to what exists is limited to 3 feet. And because this additional encroachment is limited to the west side of the property, the easterly adjacent property is not affected by the change whatsoever; and the westerly adjacent property is vacant. Therefore, the additional encroachment will not create a significant change to the site, to neighboring properties, or to the character of the community. The relief necessary from §280-15(F) to situate the proposed swimming pool in a side yard also will not create a detrimental impact to the character of the community or neighboring properties. At least four of the bluff-front properties along Sound Drive have swimming pools located in the side yard, including the one located three properties to the east and one located farther to the east that was constructed with the benefit of variance relief(Case No. 5523). Due to the proximity of most of the existing dwellings to the bluff along this developed shorefront, the need to situate a swimming pool in a side yard is not unusual. 2. All of the requested relief is necessitated directly or indirectly by the proximity of the existing dwelling to the bluff. Specifically, the owners want to maximize the connection of the house to the outdoors and to the water as part of a renovation that will improve the dwelling for use as a permanent waterfront home on Long Island Sound. If not for the dwelling's proximity to the bluff, they would achieve that benefit by constructing the porch and deck onto the rear side of the house and locating the pool between the house and the water, all in conformance with traditional zoning requirements. But because of both the regulatory and practical need to stay as far from the bluff as practicable, the ability to maximize the use and views of the waterfront side of the house are constrained, resulting in a pressure to place to the side of the house structures that would otherwise be more desirably located to its rear. And in order to maximize the waterfront exposure of the porch, its width must be maximized, resulting in the need for side-yard setback relief; and the pool gets pushed into a defined side rather than rear yard. In either location (rear Mary Beth Henson "Area Variance Reasons" Page 2 of 2 U CF' ED 2011 or side), the structures would require area variance(s), so the owners are pursuing what we believe to be the less significant relief, i.e., side setback and yard relief and minimized bluff setback relief as opposed to significantly more substantial bluff setback relief, as would be required if all structures were proposed to the rear of the house. Consequently, the chosen design seeks the minimum relief necessary to achieve the desired benefit where the benefit cannot be achieved except by area variance relief. The relief requested from §280-116(A)(1) is mathematically substantial (61 feet) but not substantial relative to existing conditions because the renovated principal structure will not encroach any further upon the bluff than the existing principal structure. Also, because the minimum bluff setback will continue to be established by an unroofed deck, the use nearest to the bluffwill also remain unchanged. The expansion of roofed structure will occur on the westerly side of the house, which is the side of the house located farthest from the bluff. The side-yard setback relief required from §280-124(B) for that expansion (porch) is arguably minor (4 feet or 26% relief) and creates only 3 more feet of an encroachment than existing conditions. Because the pool would be located no closer to the side yard than the dwelling and because the pool's designated location in a side yard is primarily the result of the roadward protrusion of the proposed conforming front-yard addition, the yard relief for the pool pursuant to §280-15(F) is not substantial. With respect to the physical and environmental conditions of the property and surrounding neighborhood, the project will not creme any significant change to the developed nature of the property, and as a result of the incorporated mitigation measures, there will be a net improvement to the ecological condition of the site and adjacent waterway. Specifically, the existing minimum setback from the bluffto the principal structure will not be diminished; the only structure located closer to the bluff, a detached hot tub, will be permanently removed; and lot coverage will increase only minimally by 335 square feet. Existing lawn greater than twice this area will be removed in favor of a 10' wide nonmrf buffer adjacent to the bluff. The property's ability to reduce and absorb runoff adjacent to the bluff will be further enhanced by the introduction of a drainage system of leaders, gutters, and duwells to capture and recharge roof nmoff. The project is located landward of the jurisdiction of the New York State Department of Environmental Conservation but has been approved by the Town of Southold Trustees pursuant to the Town Wetlands Law. The project was also deemed by the Trustees to be consistent with the Town's LWRP after the Town's LWRP Coordinator similarly recommended that the project be deemed consistent as designed. 5. The difficulty with locating the proposed expansion without necessitating variance relief is not self-created due to the nonconforming location of the existing dwelling. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: MARY BETH HENSON Date Prepared:2/lS/ll ~O~RRD OF APPEAL~ I. For Demolition of Existing Building Areas Please describe areas being removed: Existing bath & closet (lst floor); garage; waterside deck; detached hot mb & concrete slab; front porch, pergola, and masonry patio; 2nd floor bedroom wall (for master bath). II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: See attached site plan and floor plans. Dimensions of new second floor: From addition, 8' x 14'; 17' x 30' roof deck over porch. Dimensions of floor above second level: None. Height (from finished ground to top of ridge): 23'-5" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 2' - 4' III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Two-story, one-fatally, gambrel-style dwelling with garage, deck, and hot tub. Number of Floors and Changes WITH Alterations: Two-story, one-family, gambrel-style dwelling with porch, deck, hot tub, swimming pool, 2nd-story dormers, and covered front porch. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,375 S.F. Proposed increase of building coverage: 335 S.F. Square footage of your lot: 14,330 S.F. Couildable land) Percentage of coverage of your lot by building area: 16.57% existing; 18.91% proposed V. Purpose of New Construction Requested: To achieve reconstructed waterside deck and new water side porch in place of existing garage; renovated front of house; replacement of hot tub; introduction of swimming pool; and, generally, improved living space to maximize use of property as permanent waterfront home. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): The presently developed portion of the propc~ is flat but abuts a steeply sloped bluffadjacent to Long Island Sound. Both the practical and regulatory need to maintain a reasonable setback from the bluff forces the pool to be proposed toward the front of the house where, due to the protrusion of a proposed addition, it will be located in a nonconforming side yard. If not for the bluff, therefore, the pool could be located in a conforraing rear yard. The presence of the bluffalso creates the need for setback relief for the newly proposed deck and porch, which otherwise would require only side-yard relief. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). PHOTOS INCLUDED. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION FEe Z011 ~,OARD OF APPEAL~ Is the subject premises listed on the real estate market for sale? E] Yes [] No Are there any proposals to change or alter land contours? [] No [] Yes, please explain on attached sheet. 1) Are there any areas that contain sand or wetland grasses?YES 2) Are these areas shown on the map submitted with this application?YES 3) Is the property bulkheaded between the wetlands area and the upland building area? NO 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction?YES Please confirm status of your inquiry or application with the Trustees:WETLANDS PERIVlIT NO. 7414 ISSUED OCTOBER 20, 2010 and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting?. NO (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? YES If yes, please submit a copy of your building permit and map as approved by the Building Department and describe;BHILDtNG PERMIT #36069 ISSUED FOR FIREPLACE & CHIMNEY. G. Do you or any co-owner also own other land close to this parcel? NO the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel Residential, one-family dwelling with attached garal~e, ~ and proposed use one-family dwelling with additions, including altached porch & deck; hot tub & swimminl~ pool. {exa.~: existing: single-family; proposed: same with garage or pool, or other d~¢ription.) . Authorize;] ~'l~nature and Date z/os; ~/o7 ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST 14 16-4 (9/95)--Text 12 PROJECT I.D NUMBER SHORT ~ECEIVED Appendix C BOARD OF APp State Environmental Quality Review EAL$ ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I APPLICANT/SPONSOR:M~R¥ BETH HENSON BY 12 PROJECT NAME ~2N-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality OP~ENPOET County SUFFOLK SEQR 4 PRECISE LOCATION (Street address and road interse(~tions, prominent landmarks, etc, or provide map) 3300 SOUND DRIVE, GKEENPORT, TOWN OF SOUTHOLD, SCTM #1000-33-1-6 5. IS PROPOSED ACT [] New ~Expansion [] Modification/alteration 6 DESCRIBE PROJECT SRIEFLY: Construct onto existing two-story, one-family dwelling: dormer additions to the second story; a one-story addition, covered porch, and steps onto the front side of the house (partially in place of existing, raised masomy patio to be removed); a screened porch (with roof deck) in place of an attached garage (with roof deck) to be removed from the west side of the house; and a new deck in place of an existing deck to be removed from the waterside of the house; remove existing hot tub and concrete pad; construct a new hot tub and swimming pool; install drainage system of drywells; and remove existing stone walls and a portion of the existing driveway, all as depicted on the site plan prepared by John C. Ehlers, L.S, last dated February 9, 2011. Initially 29,581 S.F. aoes Ultimately 29,581 S.F. acres 6. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? E~Yes [] No If No, describe briefly [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other [] Y e s [] N o If yes. list agency(s) and permit/approvals NYS DEC LETTER OF NON-JURISDICTION, SOUTHOLD TRUSTEES PERMIT [~Yes [] No If yes, list agency name and permiUapprovar NYS DEC LETTER OF NON-JURISDICTION #1-4738-03996/00001 SOUTHOLD TRUSTEES #7414 Applicant/sponsor name ROBERT~E~ RRMANN, COASTAL MANAGEMENT SPECIALIST D A T E FEBRUARY 18, 2011 Signature: -~c{~/~ -- If the action is in the Coastal Area, aDd you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER RECEIVED PART II- ENVIRONMENTAL ASSESSI~NT (To be completed by Agency) A. DOESi__iYesACTION EXCEED[_iNo ANY TYPE , THRESHOLD IN 6 NYCRR, PART 617.47 If yes. coordinate the review process an(F'l~Bth may be superseded b another involved agency. C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOC ATED W1TH THE FOLLOWING, (Answers may be handwritten, if legible) C1. Existing air quality. Surface or groundwater quality or quantity noise levels existing traffic patterns solid waste production or disposal potential for erosion drainage or flooding problems! Explain briefly: C2. Aesthetic= agricultural archaeological, histodc, or other natural or cultural resources: or community or neighborhood character? Explain briefly: C3. Vegetation of fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly, C5. Growth, subsequen deve opment or re a ed act v es key to be nduced by the proposed action? Explain briefly C6. Long term snorf term, cumulative or other effects not identified in Cl-C57 Explain briefly, C7 Other impacts (including Changes in use o ether quantity or type of energy)'~ Explain briefly. D. W1LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~'lYes r-"l NO E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [~Yes ~INo If Yes, explain briefly PART III- DETERMINATION OF SIGNIFICANCE (To be Completed by Agency) INSTRUCTIONS: For each adveme effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with Its (al setting (i.e. urban or rural), (b) probability of occurring; (c) duration; (d) irrevemibility; (c) geographic scope; and (fl magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have boon identified and adequately addressed. question D of Part 11 was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse impa, cts which MAY occur. Then Proceed directly to the FULL EAr and/or prepare a positive declaration. [] Check this box it you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Signature of Preparer (If different ~om responsible officer) Date MARY BETH HENSON~ 3300 SOUND DRIVE~ (;REENPORT ~ECEI'VED ,:EB 2 5 ZOll OF APPEALS Figure 1. Looking northeast at front of ~risting dwelling and at locutions of proposed pool (left) and proposed addition, covered porch, and steps to be constructed partially in place of masonry patio & trelli~ to be removed. Figure 2. Lookhtg south west at existing deck ta be removed and replaced with new deck, the tnoq[ ~eaward cartier of which t~ idetttifTed by stake itt .foregrottad of photo. ~ECF..~ED MARY BETH HENSON~ 3300 SOUND DRIVE~ GREENPORT ~: -~D OF APPEA[~ F~g~tre 3. Looking southwest at ~sting attached garage to be removed and replaced with proposed $creened poreh, the most seaward corner of whh:h is identified by stake in foreground of photo. III ! Figure 4. LooMng southeast over hot t~b and concrete pad to be remot,ed and at location of praposed deck. Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM FEB 2 Ii ;t011 A [I applicants f0r perm irs* including Town 0fS0uth01d age0cies, shall.?~t'O.~R,~.~l;~.~^ F for proposed acti0nslhataresubjectt0theT0wn 0fS0uth01d Waterfr0otC0nsistency Review Law. This assessmentisintended t0supplement0therinf0rmati0n used by aT0wn 0fS0uth01d agency in m a k in g a d e tn r m in a ti0 n 0 f c 0 n s is l u n c y *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town 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). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law: Thus~ each answer must be explained in detail~ listing both supporting and non- supportine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be 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# 33 1 _ 6 PROJECT NAME MARY BETH HENSON The Application has been submitted to (check appropriate response): TownBoard [--] PlauningBoard~] Building Dept. ['~ Board of Trustees [~ 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: Construct onto existing two-story, one-family dwelling: donner additions to the second story; a one-story addition, covered porch, and steps onto the front side of the house, partially in place of an existing, raised masonry patio to be removed; a screened porch in place of an attached garage to be removed from the west side of the house; and a new deck in place of an existing deck to be removed from the waterside of the house: remove existing hot tub and concrete pad; and construct a new hot tub and swimming pool located partially within Chapter 275 jurisdiction, all as depicted on the site plan prepared by John C. Ehlers, L.S., last dated September 24, 2010. The installation ora drainage system of drywells and the removal of existing stone walls and a portion oft. he existing driveway will occur more than 1 O0 feet from the top of bluff and therefore beyond Chapter 275 jurisdiction. Thus, a letter of non-jurisdiction or statement in the permit indicating that all construction activities located more than 100 feet from the top of bluffare outside Chapter 275 jurisdiction is requested. ~ECEI*VED Location of action: 3300 SOUND DRIVE, GREENPORT FEB ~ I~ 2011 Site acreage: Present land use: 29,581 S.F. ~3OARD OF APPEALS RESIDENTIAL, TWO-STORY, ONE-FAMILY DWELLING Present zoning classification: R-40 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: MARY BETH HENSON (b) Mailing address: 130 EAST 75TH STREET, APT. 7C NEW YORK, NY 10021 (c) Telephone number: Area Code 212-772-6906 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes--[ I 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 ali proposed Best Management Practices that will further each policy. Incomplete answers will require 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. [-"-]Yes ~'l No [~ Not Applicable 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 FEB ~ I~ ZOll '-,$OA~ OF APPEALS 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 The project is consistent with Policy 3 because it limits the proposed structure renovations to ames that are directly in place of existing structures to be removed and/or adjacent thereto and/or as far from or farther from the top of the bluff, thus maintaining the existing visual buffer for the development from Long Island Sound. Moreover, a nonturf buffer will be established in place of existing lawn adjacent to the bluff, which will enhance the scenic quality of the site nearest to the bluff. 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 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria []~ Yes ~] No [~] Not Applicable The project will protect and improve water quality and thus be consistent with Policy 5 through the establishment of a 10'-wide nonturf buffer in place of existing maintained lawn area adjacent to the top of the bluff. The existing naturally vegetated slope will remain undisturbed and continue to serve as a buffer adjacent to Long Island Sound. The surface water runoffabsorption capacity of the site w/Il be increased not only by the replacement of lawn with this buffer but also via installation of a drainage system of Ieadars, gutters, and drywells to capture and recharge roof runoff from the entire finished dwelling structure. 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 proposed project includes the renovation and expansion of an existing dwelling located more than 150 feet from the tidal wetlands and waters of Long Island Sound, where all work is proposed more than 150 feet from wetlands and the only existing structure (hot tub) located less than 150 feet from wetlands is being removed. The minimum existing principal structure setback of 39 feet from the top of bluff will be maintained and not further eh, .ched upon. A 1 O'-wide non-turf buffer will bc .zablished in place of existing lawn ac[iacent to the top of the bluffto increase the property's ability to absorb runoffadjacent to the bluff, and a drainage system of leaders, gutters, and drywel[s will be installed more than 100 feet from the bluffto capture & recharge roof runoff from the entire finished dwelling structure With the removal of an existing hot tub and raised masonry patio, the project will result in only a 509 square foot increase to the structural coverage of the parcel, approximately 200 square feet less than the area of lawn to be removed. A project-limiting fence and staked haybales will be set in place landward of the Bluff and Coastal Erosion Hazard Area to restrict and contain site disturbance during construct/on. The project will have to comply with the terms ora Town Wetlands Permit and is beyond the.jurisdiction of the New York State Tidal Wetlands Act due to its location landward of the top ora bluff whose elevation exceeds I0 feet above mean sea level. Although a 100-foot bluffsetback cannot be achieved due to the location of the preexisting nonconforming dwelling, existing bluffsetbacks from the principle structure will be maintained and not encroached upon, and the newly proposed swimming pool will be located partially more than 100 feet fi.om the top of bluff. Therefore, the project will be consistent with Policy 6. 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[~ 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 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 E~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES FEB 2 5 2011 BOARD OF APPEALS Po. licy 1O. Pr.otect Southold's wa -dependen.t uses and promote sitin f new water-dependent uses in suitable locations. See LWRP Section III - Pohcies; Pages 47 through 5i~ for evaluation criteria. []~ Yes [--] No ~ Not Applicable ~ECEZI/'ED 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 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, 1-~ 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 PREPARED BY ROB~. HE, lt:iR2vi.A, hrtg~ TITLE COASTAL MGMT SPECIALIST DATE 9/2s/1o Amended on 8/1/05