The URL can be used to link to this page

Home My WebLink About1000-40.-1-6 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 17, 2011 Re~ Proposed Wetland Permit for MIKE & ELLEN FEINBERG SCTM# 1000-40-1-6 Patricia C. Moore, Esq. on behalf of MIKE & ELLEN FEINBERG requests a Wetland Permit to construct a swimming pool landward of the existing dwelling and repair the existing beach stairs and wood deck at the top of the bank. Located: 62445 North Rd., Greenport. SCTM#40-1-6 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 and therefore is CONSISTENT with the LWRP provided the Board considers the following recommendation. Relocate pool D.W. to landward side of proposed pool. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 in making a determination of consistency. *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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions, lfan 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 Clark's office. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#1000-40-1-6 (Feinberg beach stair & pool landward of existing structures) AGENT: Patricia C. Moore Esq. : . ~ 51020 Main Road, Southold NY 11971 631-765-4330 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees X 1 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: [] Type: Trustees Permit Town of Southold LWRP Consistency Assessment Form I Nature and extent of action: repair of existing beach stairs and construction of swimming pool landward of existlne dwelling Location of action:62445 North Road, Greenport Site acreage: 51,942sq.fl. Present land use: residential 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:Mike & Ellen Feinberg (b) Mailing address: 1814 Yale Road, Merrick, NY 11566 (c) Telephone number: (~) c/o Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: 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 L WRP Section 1H- Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The existing residence and stairs to the beach origtinally constructed prior to zoning & wetland regulations. Owner intends to preserve structure which is unique and built with drift wood. Platform of house needs repair & beach stairs are worn and need repair. The proposed swimming pool is landward of existing structures. Beach Stairs are exempt from LWRP. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section Ill - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. Town of Southold LWRP Consistency Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): The owner is maintaining existing structures NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section 11I - Policies Pages 8 through 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): The existing house will not be changed, beach stairs need repairs & swimming pool is landward of the existing structures. Policy $. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III- Policies Pages 16 through 21for evaluation criteria Yes No [] Not Applicable X Discussion (ifappropriate):A conforming sanitary system was installed by the prior owners years ago,the existing stairs require repairs. 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 111 - Policies; Pages 22 through 32for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The site is adjacent to Long Island Sound. The property was developed with a dwelling. A swimming pool is proposed landward of the dwelling. Policy Z Protect and improve air quality in the Town of Southold. See L WRP Section III- Policies Pages 32 through 34for evaluation criteria. See Section 111 - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate):No impact is anticipated to air quality 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 38for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): sanitary is conforming to HD regulations. PUBLIC COAST POLICIES Town of Southold LWRP Consistency Assessmenl Form 3 Policy 9, Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See L~VRP Section II1 - Policies; Pages 38 through 46for evaluation criteria. Yes X No [] Not Applicable X Discussion (ifappropriate):The parcel is private, however, access along the beach is open to the public WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LIVRP Section III - Policies; Pages 47 through 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Residential Homes along the water are the primary use in the Town of Southold. 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 62for evaluation criteria. Yes X No r3 Not Applicable [] Discussion (if appropriate): The house and beach stairs were constructed in 1930's all the re~,ulatorv aeencies control the project to prevent degredation of the environment. Policy 12. Protect agricultural lands in the Town of Southold See L WRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): The area is not a designated agricultural district. The neighborhood consist of single family homes on existing parcels Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 1II- Policies; Pages 65 through 68for evaluation criteria. Yes X No [] Not Applicable [] Discussion (ifappropriate):Residential development is a recognized permitted and encouraged use in the Town of Southold. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 STREET ADDRESS: 62445 NORTH ROAD SCDHS Ret.# R10-10-0044 J / J / / / ? / / I ) / / / / / / / / RC, NOFF CA~.CULA TIONS '~<"~'~r~-- 3YETEM (~ BEDROOMS] I000 GAL. PRECAET ~EPTC TANK * 12' DEEP LEACHING POOL TING CERTIFY TO' M!CHAEL FEINBERG ELL£/y H, FEINBERG FIDELITY NATIONAL T;TLE INSURANCE COMPANY SURVEY OF PROPERTY NEAR GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. / ', ~ 1000-40-01-06 SCALE' 1'--40' DEC. 25, 2002 Sept. 247 2010 (certification) OCT. ~.6, ~010 ~EV;~IONS) J~ gg~ gOll (proposed \ \ dOASTAL EROSiOiV HAZARD LINE FROM COASTAL EROSION HAZARD AREA MAP Pholo 55-591-8J / / / / / / / om fora/I/or with ,the STANDARDS FOR APPROVAL ~ AND CONSTRUCHON OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAM/LY RESIDENCES ond wi// ob/de by the conditions set forth therein ond on the permit to construct. The Iocotion of wells ond cesspools shown hereon ore from field observoUons ond or from doto obto/ned from others. ANY ALTERABON OR ADD/EON TO THIS SURVEY IS A kIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW EXCEPT AS PER SECHON 720g-SUBDIVISION 2. ALL CERHFICAllONS HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE S/GNA TURE APPEARS HEREON. Contour lines ore referenced to the Five Eostern Towns Topogrophic Mops (N.G · =MONUMENT AREA=51, C,4~,.-..%F,-. V~ ~ ~' . ~S. LIC. NO. 4~678~ /PECONIC S~S, p, C. (6~1) 765-dO~¢r~Y ~6~) 765-1797 P.O. BOX 909 I