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
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