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HomeMy WebLinkAbout1000-30.-2-64 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: August 23, 2011 Re: Proposed Wetland Permit for 1610 THE STRAND CORP. SCTM# 1000~30-2-64 Proper-T Permit Services on behalf of '1610 THE STRAND CORP. requests a Wetland Permit to install an in-ground swimming pool 16'X 30' with spa 7'X 7' adjacent at east end, with required mechanical service and drywell, 4' wide grade level patio surrounding the north side and extending around sides of the pool, and install security fencing as required. Located: 1610 The Strand, East Marion. SCTM#30-2- 64 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 LWRP review provided the following best management practices are required: Figure 1. Subject parcel In the event that the action is approved, to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that the Board require the creation of a 25' landscaped buffer (Incorporating the CEHA) landward from the top of bluff. A sample definition of a landscaped buffer is provided below for your use. LANDSCAPED BUFFER - A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation (excluding turf) similar to that found within the immediate proximity of the parcel. Ve~-~tatio~ shall be installed in sufficient densities to achieve 95% ground cever withfn two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of ~/egetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] In addition it is recommended that a pool de-watering dry well be specified. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its wdtten determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney LWRP CONSISTENCY ASSESSMENT FORM SCT1M_~ 1000-30-2-64 PROJECTNA1VIE 1610 The Strand - Pool The Application has been submitted to (check appropriate response): ZBA~] Planning Board [--] Building Dept. ~ BoardofTrustees category of Town of Southold agency action (check appropriatg'response): (a) Action undertaken directly by'Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Co) Financial assistance (e.g. ~ran% loan, ~subsidy) (c) Permit, approval, license, certification: ~, ,:~ , Nature mad extent of action: Install in-ground swimming pool 16x30 with spa 7x7 adjacent at east end, with required mechanical service and drywell, with 4-foot wide grade-level patio surround on north side extending around sides of pool; install security fencing as required by law. Locafionofacfion: 1610 The Strand, Greenport, NY 11944 Site acreage: 0.67 +/- Present !and use: Single-family dwelling Present zoning classification: R- 40 ' ' AUg - ~ If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: James E. Fitzgerald, Jr., for 1610 Strand Corp (b) M~lling address: PO Box 617, Cutchogue, NY 11935 (c) Telephone number: Area Code ( ) 631 - 734 - 5800 (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, wh/ch state or federal agency? APPLICANT: 1610 THE STRAND CORPORATION SCTM #: 1000-30-2-64 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 [] YES Foster a pattern of development in the Town of Southold that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. ~NO [] NOT APPLICABLE The construction of a private recreational in-ground swimming pool is not incon- sistent with the character of the local waterfront community, as is evidenced by the fact that there are, within approximately 250 feet of the subject property, four ex- isting private swimming pools. The addition of another pool in the community is not inconsistent with the des[red preservation of open space. Infrastructure use is not a factor since no additional burden is placed upon the existing infrastructure. The project is certainly beneficial in supporting and maintaining an existing use of the coastal location, without any incremental increase in development in the area. Policy 2 Preserve historic resources of the Town of Southold. [] YES ~IO [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features, and it is to be expected that the nature of the topography of the pro- ject area is unlikely to have been the site of activities of past civilizations. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. [] YES ~0 [] NOT APPLICABLE The proposed pool does not involve changes to or the addition of any above- ground unnatural structures and upon its completion it will not adversely affect the vista from both land and water. It is compatible with other existing shoreline fea- tures and activities in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, seasonal vegetation changes; seasonal/diurnal changes in ambient light) which might contribute to ephemeral visual qualities. P~licy 4 [] Minimize loss of life, structures, and natural resources from flooding and ero- [] NOT APPLICABLE It is intuitively obvious that the likelihood of the activity proposed contributing to increased hazards which could result in the losses listed is minimal. Natural protec- tive features are will not be adversely affected Policy 5 [] Policy 6 [] YES Policy 7 [] YEs Protect and improve water quality and supply in the Town of Southold. ~NO [] NOT APPLICABLE The proposed project does not include any activity which will have an overall long-term adverse effect on water quality and supply. A drywell of adequate ca- pacity will be provided to accept any water which may be drained from the pool, although current pool maintenance practices seem to tend toward eliminating pool drainage. Liquid or solid wastes will not be discharged into the water or wetlands before, during, or after the project work. Protect and restore the quality and function of the Town of Southold's ecosys- tent~t~NO [] NOT APPLICABLE .. The project as proposed will not have an adverse effect on the Town's ecosystem, either during construction or in its operation and use after construction is com- pleted. The nature of the project, considering that it is, in effect, an extension of existing uses in the immediate neighborhood, such that there will be no new impacts on any of the Town's natural resources. All statutory and regulatory requirements, at all levels of government, will be strictly complied with. Protect and improve air quality in the Town of Southold. ~O [] NOT APPLICABLE The project as proposed will not result in significant amounts of new air pollution. · policy 8 [] YEs Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. [] NOT APPLICABLE The project as proposed will not result in the generation of any new or additional solid waste. The handling and storage of petroleum products both during the pro- ject operations and upon its completion will be accomplished through the use of approved containers and facilities, and approved methods of handling and storage will be followed. 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 ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 10 [] YEs Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project. Policy 11 [] YEs Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estua. ry and Town waters. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 12 [] YEs Protect tgric~Jtural lands in the Town of Southold. [] NO ~'NOT APPLICABLE This policy is not applicable to the proposed project. · · resouFces P~olicy 13 [] o mOte appropriate use and development of energy and mineral [] NOT APPLICABLE The planning and construction of the project is, and will be, such that energy effi- cient design criteria are applied throughout, based upon any local or State building codes, or upon practices generally recognized as desirable in this regard. As has been stated, any handling and storage of petroleum products will be accomplished through the use of containers, facilities and methods of handling and storage as approved for residential property use and generally accepted as safe. Site drainage and water control will be designed and accomplished in accordance with Town policies and requirements. Any pool drainage will be retained on-site. Excess spoil resulting from the excavation will be removed to a site at which it will pose no en- vironmental burden. 1000 BECTION: .30 BLOCK: ,,o LOT No. I I ~ TAX LOT ~4 LOT No. I 1 7 2 TAX LOT: 5URV~NO. 71782-1 I TITLE NO. LOT No. I I ~ I MONUMENT REAle, SETBACK. LINE A~ 5MOWN ON FILED MAP J! APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http:!/southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 29, 2004 ZB Ref. No. 5629 - ALEX KOUTSOUBIS Properbj Location: 1610 The Strand East Marion; CTM 30-2-64 Southold Town Hall 53095 Main Road P.O. Box t179 Soulhold, NY 11971-0959 Tel. (631) 765-1809 Fax (63[) 765-9064 RECEIVED J. ,N $ 2 05 /-,'Southold To~. ~;ertc -~ SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines thai this review falls under the Type II category of the State's List of Actions. without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS~DESCRIPTION: The applicant's 26,528 sq. ft. lot has 75.01 feet along The Strand and 77 feet along the Long Island Sound, in East Marion. The property is shown as Lot 118 on the Map of Pebble Beach Farms, and is improved with a single-family, two-story frame dwelling as shown on the July 17, 2002 survey, amended August 10, 2004 by Robert Allan Haynes, L.S. BASIS OF APPLICATION: Building Department's August 16, 2004 Notice of Disapproval, citing Section 100-239.4B in its denial of a building permit for a proposed in-ground swimming pool at less than the code required minimum 100 feet from the top of the bluff or bank adjacent to the Long Island Sound. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 16, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIAN¢~ RE, LIEF REQUESTED: The applicant wishes to construct a 20' x 40' in-ground swimming pool. In the original application, the applicants requested a location for the pool at 41 feet, perpendicular to the bluff, with a grade-level patio extending 10 ft. from all sides of the pool, as shown on the December 6, 2004 diagram prepared by Proper-T Permit Services. ADDITIONAL INFORMATION:AMENDED RELIEF: During the December 16, 2004 public hearing, the applicant was requested to increase the setback for a possible alternative that would be more conforming to the code's bluff setback requirement of 100 feet. On December 16, 2004, the applicant submitted a revised diagram showing a revised angle of the pool, turned to be parallel with the bluff line. This new diagram indicates that the same pool would not be able to be placed at 68 feet from the bluff, as suggested at the public hearing. Page 2 - December 29. 2004 ZB Ref. No. 5629 - A. Koutsoubis CTM Id: 30-2-64 REASONS FOR BOARD ACTION; On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the altemative location will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A swimming pool is a customary accessory structures for residential properties. After considering testimony dudng the headng, the applicant increased the setback of the pool. Much of the property is landscaped (belgium curb driveway with parking, patios, walkways, terraces). The pool as proposed will be located in the rear yard 2. The benefit sought by the applicant cannot he achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot has frontage along the Sound, and is long and narrow. The location of the dwelling is 120+- feet from the top of the bluff and 60 feet from the front lint line facing The Strand, which precludes locating the pool in the front yard. 3. The altemative relief results in a reduction of 36 feet from the 100 ft. setback requirement, resultin9 in a setback of 64 feet. 4. The difficulty has not been self-created. The width of the lot and existence of a dwelling leaves little available space to place accessory structures. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the alternative is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory swimming pool structure, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THI~ BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Odando, and duly carried, to DENY the requested 41 ff. setback as applied for, and to GRANT alternate relief with a minimum 64 ft. setback from the top of the bluff. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses. setbacks and other features as are expressly Page 3 - December 29, 2004 ZB Ref. No. 5629 - A. Koutsoubis CTM Id: 30-2-64 addressed in this action. ~ Vote of the Board: Ayes: Members Orlando (Acting Chai.rm~.),/(~'~_er~_~n~,~inizio- Absent were Chairwoman Olive and Member Tortora. This Resolu~ ~/~.~ ~)~,~:1,~-0). Vincent Orlando, Act~{~ Cl~irrn~ 'J/~ /05 Approved for Filing construction, lawn and landscaping shall be installed and maintained thereafter in an attractive manner. 10. An owner of a wa~er front lot facing on the Long Island Sound shall not construct any part of the dwelling northerly of the approximate 100 foot bluff set back line shown on the filed map, unless approved by the Town of Southold. ll. The individual lot owner shall be responsible for, and repair or cause to be repaired, any damage to the paved and drainage swale areas of the road in front of his lot, which may be caused by the operation of .vehicles or machinery during construction or otherwise. 12. The use of each Lot shall be limited to one fa~nily residential use. ARTICLE III- OPEN SPACE It is the intention of the Declarant that the promises are to be subdivided and developed as a cluster type development in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the purposes of natural beauty and open space; the preservation of natural vegetation; a_nd prevention of overcrowding; and the conservation of water resources. TO effectuate such purposes, the following conditions, covenants and restrictions are hereby imposed on those l~ortione of the premises designated as open spaces on the subdivision map, to wit: unless authorized by the Southold Town Board, 1. NO structures shall be erected or placed in or on any open space. 2. NO sand, gravel, top soil or other material shall be removed frc~ any open space nor shall any such materials be deposited thereon. 3. NO trees, or other vegetation shall be r~oved from any open space except dead, diseased or decayed trees, or such -4-