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HomeMy WebLinkAbout1000-33.-4-3 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 To: MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: August 24, 2011 Re: Coastal Consistency Review for ZBA File Ref. MICHAEL PHILLIPS #6500 SCTM#1000-33-4-3 MICHAEL PHILLIPS #-6500 - Request for Variances from Art. XXII Section 280-116A(1) and the Building Inspector's June 16,2011 Notice of Disapproval based on an application for building permit to demolish and construct a new dwelling and accessory In Ground swimming pool, at; 1) less than 100 foot setback from top of bluff for the dwelling and accessory swimming pool, located at: 1000 Sound Drive (adj. to Long Island Sound) Greenport, NY. SCTM#1000-33-4-3 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: If 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 a landscaped buffer be required landward of the top of bluff includin,q the entire Coastal Erosion Hazard Area. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within 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 vegetation 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] Relocate dry- wells to landward of the proposed residence. 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 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 15, 2011 Southold Town~ Hall 53095 Main Road · P.O. Box 1179 Southold, NY I 1971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6500 (Phillips) Dear Mr. Terry: We have received an application f a~demo and c"~nstructioff_ .of a new single fami!y dwelling and accessory in-ground ppol in Greenport. A ?~of the Building Inspector s Notice of Disapproval under Ch~ode), and survey map, project description form, are attached for your re~erence. 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. Very truly yours, Leslie K. Weisman Chairperson By.~ ff~~ Encls. TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL DATE: June 16, 2011 TO: Robert He. mann for Michael Phillips 1319 No~th Sea Road Southampton, NY 11968 Please take notice that your application dated June 9, 2011 For permit for demolition & construction ora new dwelling & accessory ISP at Location of property 1000 Sound Drive, Greenport, NY 11944 County Tax Map No. 1000 - Section 33 Block 4 Lot 3 Is returned herewith and disapproved on the following grounds: The construction is not permitted pursuant to Article XXII Section 280-116A(1), which states: "All buildings or structures located on lots adiacent 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' t~om the top of such bluff or The site plan indicates the proposed dwelling at & the accessory pool bluff. / Authorized Signature / mthe top of the NOTICE COUNTY OF SUFFOLK (~) Real Property lox Service Agency I Fe~: $ Hied By:. Assignment No. [ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No. 1000 . Street SOUND DRIVE Hamlet GREENPORT SCTM 1000 Section 33 Block 4 Lot(s). 3 Lot Size 3?,285 Zone District R~40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 6/16/11 BASED ON SURVEY/SIE PLAN DATED 3/29/11 Applicant(s)/Owner(s): MICHAEL PHILLIPS Mailing Address: 7 SHADY MEADOWS LANE, SYOSSET, Ny 11791 Telephone: 516-526-8240 Fax: NOTE: In addition to the abgve, please completed below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represent: Name of Representative: EN-CONSULTANTS for~ Owner, or [-']Other: Agent's Address: 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 Telephone: 631-283-6360 Fax:631-283-6136 Email: RItERRMANN@ENCONS ULT^NTS COM Please check to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or [~Authorized Representative, or['-10ther Name/Address Below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 3/29/11 andDEMRDANAPPLICATIONDATISD: 6/7/11 FOR: Building Permit Certificate of Occupancy I ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction [] Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article 280 Section 116 Subsection (A)(1) Type of Appeal. An Appeal is made for: [~A Variance to the Zoning Code or Zoning Map. I--IA 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(s). Year · (Please be sure to research before completing this question or call our office far assistance). Name of Owner: MICHAEL PHILLIPS ZBA File # J~E;ASONS FOR APPEAL (additional sheets map be used with pre~arer's sienature): AREA VARIANCE REASONS. (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 adverse 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~>] No. SEE ATTACHED Are there any Covenants and Res~'ictions concerning this land: []No [] Yes (please furnish copy). 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. AUIrli=t) USE VARIANCE SHEET: (Please be sure to co~ Signature off-Appellant or Authorized Agent Sworn to before me this 12th (Agent must submit written Authorization from Owner)  ROBERT E. HERRMANN d COASTAL MANAGEMENT SPECIALIST CONNI$SIDN NO. 5§1593~ ~UALIFIEo IN SUFFOLK £XPIR£S AU~US! 2. Michael Phillips, "Area Variance Reasons," Page I of 2 R~E -- . Herrmarm The granting of the requested relief from §280-116(A)(1) for the proposed swimming pool and dwelling located less than 100 feet from the bluff crest will not have an adverse impact on neighboring properties or the character of the community, as the developed shoreline community along Sound Drive is characterized by numerous two-story dwellings and several swimming pools located nonconforming distances less than 100 feet from the bluff crest. The immediately adjacent property to the west, for example, has a dwelling located approximately 35 to 45 feet from the bluff and a swimming pool located between 20 and 30 feet from the bluff. The proposed dwelling and pool will not only be set significantly farther back from the bluff than those located on the adjoining property, they will be set hack farther from the bluff than those already existing on the subject property. Specifically, there presently exists on the Phillips parcel a dwelling located 65.5 feet from the bluff and a swimming pool located 37.6 feet from the bluff. In contrast, the new dwelling would be located 82.3 feet from the bluff, a 16.8' increase in bluff setback; and the new pool would be located 65 feet from the bluff, a 27.4' increase in bluff setback. These setbacks would be consistent with (in the case of the pool) or exceed (in the case of the dwelling) the setbacks approved by the Board of Appeals in Decisions 5523 and 5730, which in 2004 and 2005, respectively, granted Peter and Arlene Manos the relief necessary to locate a new swimming pool and house expansion 65 feet from the bluff on the property located 8 properties to the west. The area (and thus lot coverage) of both structures would also be decreased by the proposed design, the pool by almost 54 square feet and the dwelling footprint by approximately 682 square feet, a greater than 20 percent decrease in the existing dwelling footprint. Total lot coverage would thus decrease by approximately 745 square feet or more than 3 percent to 13.84 percent of buildable land. Demolition of the existing dwelling and construction of the proposed dwelling would also result in the complete elimination of two zoning nonconformities, namely the preexisting nonconforming minimum and total side yards of 10' and 21', which are to be replaced with conforming minimum and total side yards of 15' and 35', respectively. Therefore, granting the requested relief not only would have no adveme impact on the neighboring properties or community character, it would resuR in a substantial decrease in the property's overall degree of nonconformity. The benefit sought by the applicant is the construction of a new two-story dwelling on the property in place of an aging one-story such that the views of Long Island Sound afforded by the property are not lost from the new dwelling. Although the swimming pool is completely functional and could be left in place and the dwelling could be renovated In place and expanded, doing so would create the need for more extensive variance relief and a higher degree of bluff setback nonconformity than is required or would be created by the proposed site design. The only dwelling reconstruction alternative that would not require variance relief would be setting the dwelling an additional 18 feet closer to the road, which would cause the loss in views sought to be avoided due to the location of the adjacent westerly dwelling and its proximity to the bluff, as described above. Moreover, no relief would be necessary for a new pool if the existing pool located 37 feet from the bluff crest were simply left in place. However, in order to create a design that would both achieve the benefit sought by the applicant and result in a substantial improvement to the property with respect to bluff setback nonconformity, the applicant is offering to relocate a smaller swimming pool approximately 27 feet farther from the bluff crest as part of a proposal to locate the new dwelling 82 feet from the bluffcrest. Michael Phillips, "Area Variance Reasons," Page 2 of 2 'R~,l~ert E. Hemuann The relief requested is not substantial because both the dwelling and swimming pool will occupy smaller footprints at greater distances from the bluff than do the existing dwelling and swimming pool. The proposed dwelling requires 18 feet of relief compared to the 34.5' of existing bluff setback nonconformity. Moreover, the relief requested for the swimming pool is actually less than the minimum relief necessary because the pool is functional and could be left in its current location 37.6' from the bluff, thus leaving the existing 62.4' setback nonconformity with respect to the required 100' bluff setback. The applicant is instead seeking 35' of relief to establish a 65' bluff setback for a smaller swimming pool located closer to the proposed relocated dwelling in order to achieve a further decrease in the overall degree of bluff setback nonconformity, specifically a roughly 73 percent increase in the existing minimum bluff setback. With respect to physical and environmental conditions, the existing site is characterized generally by a swimming pool and dwelling located +37' and +65', respectively, from the bluff; a lawn that extends to the crest of the bluff; an antiquated sanitary system located a little more than I00 feet fi~m the crest of bluff; and no drainage system to collect roofnmoff. The proposed project seeks to remove these existing structures and to construct a new, smaller swimming pool located +65' from the crest of bluff and a new dwelling with a 20 pement smaller footprint located +82' ~rom the crest of bluff; to install a drainage system of leaders, gutters, and drywells; to install an upgraded, SCDHS-approved sanitary system located more than 150 feet from the crest of bluff; and to establish a 15-foot wide planted buffer along the top of the bluff in place of existing lawn. All proposed structures will be located more than 140 feet from the surface waters and littoral zone wetlands of Long Island Sound, and the bluff is stabilized and protected by a substantial stone retaining wall located at its toe. The project design and incorporated mitigation measures thus provide the following environmental benefits: a) lot coverage by structures will be decreased by 735 square feet or approximately 3 percent of buildable land; b) wetlands setbacks will be increased and the minimum structural setback to the crest of bluff will increase by almost 28 feet, a nearly 75 percent increase in the existing bluff setback; c) on-site septic treatment will be improved and located farther from surface waters through upgrade and relocation of the sanitary system; d) the proposed drainage system will capture and recharge roof runoff to reduce surface water runoff; e) the quantity and quality of surface water runoff reaching the bluff will be mitigated through establishment of approximately t,500 square feet of naturally vegetated buffer in place of existing lawn, which serves both as a sink and filter for stormwater runoff and contaminants contained therein; and f) the area of property treated with fertilizers, pesticides, and insecticides will be reduced and set farther from surface waters by the proposed buffer. 5. The difficulty is not self-created due to the preexisting locations both of the structures on the subject property and on the westerly adjacent property. Michael Phillips, "Area Variance Reasons," Page 1 of 2 ~rtE. He~m~ann The granting of the requested relief from §280-116(A)(1) for the proposed swimming pool and dwelling located less than 100 feet fi.om the bluff crest will not have an adverse impact on neighboring properties or the character of the community, as the developed shoreline community along Sound Drive is characterized by numerous two-story dwellings and several swimming pools located nonconforming distances less than 100 feet fi'om the bluff crest. The immediately adjacent property to the west, for example, has a dwelling located approximately 35 to 45 feet fi-om the bluff and a swimming pool located between 20 and 30 feet from the bluff. The proposed dwelling and pool will not only be set significantly farther back from the bluff than those located on the adjoining property, they will be set back farther from the bluffthan those already existing on the subject property. Specifically, there presently exists on the Phillips parcel a dwelling located 65.5 feet from the bluff and a swimming pool located 37.6 feet fxom the bluff. In contrast, the new dwelling would be located 82.3 feet from the bluff, a 16.8' increase in bluff setback; and the new pool would be located 65 feet from the bluff, a 27.4' increase in bluff setback. These setbacks would be consistent with (in the case of the pool) or exceed (in the case of the dwelling) the setbacks approved by the Board of Appeals in Decisions 5523 and 5730, which in 2004 and 2005, respectively, granted Peter and Arlene Manos the relief necessary to locate a new swimming pool and house expansion 65 feet from the bluff on the property located 8 properties to the west. The area (and thus lot coverage) of both structures would also be decreased by the proposed design, the pool by almost 54 square feet and the dwelling footprint by approximately 682 square feet, a greater than 20 percent decrease in the existing dwelling footprint. Total lot coverage would thus decrease by approximately 745 square feet or more than 3 percent to 13.84 percent of buildable land. Demolition of the existing dwelling and cons~uction of the proposed dwelling would also result in the complete elimination of two zoning nonconformities, namely the preexisting nonconforming minimum and total side yards of 10' and 21', which are to be replaced with conforming minimum and total side yards of 15' and 35', respectively. Therefore, granting the requested relief not only would have no adverse impact on the neighboring properties or community character, it would result in a substantial decrease in the property's overall degree of nonconformity. The benefit sought by the applicant is the construction of a new two-story dwelling on the property in place of an aging one-story such that the views of Long Island Sound afforded by the property are not lost fi.om the new dwelling. Although the swimming pool is completely functional and could be left in place and the dwelling could be renovated in place and expanded, doing so would create the need for more extensive variance relief and a higher degree of bluff setback nonconformity than is required or would be created by the proposed site design. The only dwelling reconstruction alternative that would not require variance relief would be setting the dwelling an additional 18 feet closer to the road, which would cause the loss in views sought to be avoided due to the location of the adjacent westerly dwelling and its proximity to the bluff, as described above. Moreover, no relief would be necessary for a new pool if the existing pool located 37 feet from the bluff crest were simply left in place. However, in order to create a design that would both achieve the benefit sought by the applicant and result in a substantial improvement to the property with respect to bluff setback nonconformity, the applicant is offering to relocate a smaller swimming pool approximately 27 feet farther from the bluff crest as part of a proposal to locate the new dwelling 82 feet fi.om the bluff crest. Page 3 Application by: Assigned Application No. Office Notes: Part B* REASONS FOR USE VARIANCE (if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property Is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) (V~) Check this box and complete PART A, Questions on previous page to apply AREA lANCE STANDARDS..(Please consult your attorney ) Otherwise, please proceed'~ t-6'~' signature and notary area below. Sworn to before me this day~f/...~..~ ..... ,20:~L/_/ KII~ H. STEPHENS t~O~'AR Y STATE OF NEW YORK CDMMISS)ON NO. 501593t 8UALIFIED (N SUFFOL~ EXPIRES A'6C~T Signature ~f A~pellant or Authorized Agent (Agent must submit Authorization from Owner) ZBA App 9/30/02 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: EN-CONSULTANTS FOR MICHAEL PHILLIPS Date Prepared: JULY 12, 2011 I. For Demolition of Existing Building Areas Please describe areas being removed: Existing 2,260 s.f. one-story dwelling; 997 s.f. deck; and 669 s.f. swimming pool. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: House & garage = +/-2,032 s.f.; porches = +/-543 s.f.f Dimensions of new second floor: +/-1,00 s.f., including 2nd story balconies Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 32-34 feet Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: yes; 4.5' 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: N/A Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 3,926 s.f. Proposed increase of building coverage: -735 Square footage of your lot: 23,058 (Buitdable Land) Percentage of coverage of your lot by building area: 13.84% (3,191 s.f.) V. Purpose of New Construction: To replace existing one-story dwelling and swimming pool with two-story dwelling and swimming pool located farther from bluff. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirements(s): There presence of the bluff adjacent to Long Island Sound creates the need for relief from the 100' bluffsetback set forth by Section 280-I 16(A)(1). Please submit seven (7) photos, labeled to show different angles of yard after staking corners for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes X No Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. 1 .) Are there areas that contain sand or wetland grasses? YES 2.) Are those areas shown on the survey submitted with this application.'?. YES 3.) Is the property bulk headed 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: APPLICATION PENDING and if issued, please attach copies of permit with conditions and approved survey. 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 that are not shown on the survey that you are submitting?. NO Please show area of the structures on a diagram if any exist. Or state none on the above line. Do you have any construction taking place at this time concerning your premises? NO !fyes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes, please label the proximity of your lands on your survey. with swimming pool farther from bluff. garage, pool or other) Authori and Date Please list present use or operations conducted at this parcel one-story, one-family dwelling and swimming pool and the proposed use two-story, one-family dwelling (ex: existing single family, proposed: same with Town of Southold ~ LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS l. A II applicants f0r perm its* including T 0w n 0f S0uth01d agencies, shall c0m plete this C C A F f0r proposed actions that are subject to the Town of S0uth01d W aterfr0nt Consistency Review Law. This assessmentisintendedt0supplement0therinf0rmati0n used by aT0wn 0fS0uth01dagency in m a k in g a d e te r m in a ti 0 n 0 f c 0 n s iste n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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- suooortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 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. DESCRIPTION OF SITE AND PROPOSED ACTION 33 4 . 3 PROJECT NAME MICHAEL PHILLIPS The Application has been submitted to (check appropriate response): TownBoard [--] Plannlng Board [---] 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: Demolish and remove existing single-family dwelling, swimming pool, and appurtenances, and construct farther from the bluffa new two-story, single-family dwelling and swimming pool, each with a smaller footprint, all as depicted on the site plan prepared by Lisa McQuilkin Land Surveying, last dated March 29, 2011. Location of action: 1000 SOUN.D DRIVE, GREEN'PORT Site acreage: 0.8559 ACRE Present land use: RESIDENTIAL, SINGLE-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: MICHAEL PHILLIPS (b) Mailing address: 7 SHADY MEADOWS LANE SYOSSET, NY 11791 (c) Telephone number: Area Code 516-526-8240 (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, 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 all 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 [--] 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 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 ~ Yes ~-~ No [~ Not Applicable The project is consistent with Policy 3 because the proposed structures are proposed to be located farther from the top of the bluff than the existing, thus increasing visual buffer for the development for Long Island Sound. Moreover, a naturally planted 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 The project is consistent with Policy 4 to the extent that it relocates existing structures farther from the adjacent bluff. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria E~ Yes ~ No ~ Not Applicable The project will protect and improve water quality and thus be consistent with Policy 5 through the establishment of a 1Y-wide nonturf buffer to be planted with native vegetation 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 runoff absorption capacity of the site will be increased not only by the replacement of lawn with this buffer but also via installation of a drainage system of leaders, gutters, and drywells to capture and recharge roof nmoff from the entire finished dwelling sla-ucture. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid 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 existing site is characterized by swimming pool and dwelling located +37' and +65', respectively, from the bluff; a lawn that extends to the crest of the bluff; an antiquated sanitary system located a little more than 100 feet from the crest of bluff; and no drainage system to collect roof runoff. The proposed project seeks to remove these existing structures and to construct a new, smaller swimming pool located +65' from the crest of bluffand a new dwelling with a smaller footprint located +82' from the crest of bluff; to install a drainage system of leaders, gutters, and drywells; to install an upgraded, SCDHS-approved sanitary system located more than 150 feet from the crest of bluff; and to establish a 15-foot wide planted buffer along the top oftbe bluff in place of existing lawn. All proposed structures will be located more than 140 feet from the surface waters and littoral zone wetlands of Long Island Sound, and the project is located beyond the Tidal Wetlands jurisdiction of the New York State Department of State Coastal Resources Division. Although the newly proposed structures do not meet a 100-foot setback from the crest of bluff, the project design and incorporated mitigation measures will produce a significant net benefit to the environmental conditions of the property and to the adjacent natural resources, including: a) lot coverage by structures will be decreased by 735 square feet or approximately 3 pement of buildable land; b) wetlands setbacks will be increased and the minimum structural setback to the crest of bluffwill increase by approximately 28 feet or 75 percent; c) on-site septic treatment will be improved and located farther from surface waters through upgrade and relocation of the sanitary system; d) the proposed drainage system wiII capture and recharge roof runoff to reduce surface water runoff; e) the quantity and quality of surface water runoff reaching the bluff will be mitigated through establishment of approximately 1,500 square feet of naturally vegetated buffer in place of existing lawn, which serves both as a sink and filter for stormwater runoff and contaminants contained therein; and f) the area of property treated with fertilizers, pesticides, and insecticides will be reduced and set farther from surface waters by the proposed buffer. Therefore, the project will be consistent with the Policy 6 goal of protecting and restoring the quality and function of the Town of Southold's ecosystems. 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 V-~ 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. 7-1,:es I--1 No X ,ot 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[~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES ~olicy 10. Protect Southold's ~ater-dependent .uses and promote siting of new water-dependent uses in · suitable locations. See LWRP ~ection IH - Policies; Pages 47 through 56 for evaluation crl'teria. [~] Yes [--'] No [~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconie 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. ~-] Yes [---1 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 evalaation criteria. ~] Yes ~] No [~ Not Applicable PREPARED BY ~ _ ROBERT'~"~E4. HERRMA~-'''~ TITLE COASTAL MGMT SPECIALIST DATE 7/12/11 Amended on 8/1/05 ZONe / ~ ', - · '"~'¢ FINAL MAP 3,9~$.~ ~q. FL = 1Z0~7~ LOT COVE~CE , , , ...'o. ' o .'.- ~18.~ $q. Ft. = POOL ............. , i.. / - N ~ :,~ o ~,~9t.t~ s~t, = t&$~s~ tor co~c~ ' ' ~ , ~ ~T- -~ ~ ~NITARY DESIGN , ~ I OOltNn . - · LSO0 C~O~ SEPTIC Ta~K. l- - .............. ..~ ~gl(t) I~O~R t~T~Rso~ FUTUR~ ~ t3'O'DE~P~xP~siL~JCHI~CoN. POOL.'~~ --~°~ (to'o?~r~ x Cs" or~P eoo~) ~ ~ ; t ~l ~ - ...... ~ i~ . cum. ' . ~mv~n~ ms~tcr;o~uvsr ~ oo~ o~-sz~ sr ~ Z~INAGE CALCUMTION& JUL 1 5 Z011 m ,-,,~.oo-a~ - ROOF 9~I~ACE'TO BE 91~RTffD ~t ~ .... ~ ~.~m~=~u~""~ / ' HOUSE: 2,5~5.17 Sq.FC X 0.1667 X (I) = 429.28 C~Ft. · ON ~RCH I, 2011 SET (3) ST~ES ALOffG THE REAR OF THE v~vX~nsc s~o ~ C~L srmra 429,2~ C~FL ~ 42.24 = tO, t6 ~ REQ. ~o~ ~ ~" EOBEE LIEE EXTENDED ~D (2) ~E AT ~EE POOL CO~NE~S. ~SE (I) 8'O"D~ME~ER X IlO"DEEP LEACHINC DRYFELL '~. ~ . (EXISTING HOUSE ENC~MBER$ STd~ OUT OF E~CT CORNERS LEACH]NC ~SIN CO~ffffOTgD FIFE 4" PFC SDR 35. a ' [ ~ , OF THE PROPOSE9 MOUSE). (ITEM IO0-T~E l) - (NOT TO SCALE) ~OTEE~ .... EAy ~ NO~E5: . EXISTING EATER LINE ~D S~ITARY INFORMA~ON AS PER HOMEOFNER ~ · ~cr g~ L~ATIONS TO BE ~RIFIED PRIOR TO ANY EXCAVATION. - ~, ~-~, ' · gXlStlffg ~ITARY SYSTEM TO BE ~AffDONED AS PER SCDHS ST~DARDS. " ,,~ '-' '. ~0 ~$LLS ~THi~ 150~. OF THIS PROPERTY. HAY BALE DETAIL · ~L SURROUNDING D~ffLMNGS ARE SERVICED BY PUBLIC TATER. -NOT TO SCALE- · ~rrr~'~ow, r~r ~ o~r~rs rs~ ~s ss~ ar ~s~ ~ ru~ omcm~z sr~r~ c~ = c~c~ rmo~ o.sss9 ~c~es o~. Bt: ~,~, + ~o svn~ens~ + EASTERN SHORE$ ~{ = "~ - AT GREENPORT TC = TOP OF ~ ~23,058.~2 Sq. Ft,~O.5293 ACRES g~t~: FEBRUARY 2. 2010 Bg = BOTTOM OF CU~ ZONED "R-40" ~SIDENCE UPD~TE-TOPO: NOFEMBER ti, 2010 ~, EAST IS~P, N,Y, 11730 ~ = ~P OF ~ALL ELEFAT[O~S IN ~AV~EB DATUM ~END T~O: JANUARY l~, TEL: 631-277-360~ SUFFO~ COUNt, ~E~ YO~ BF = BOSOM OP gALL SET ST~S+~TH: ~CH I, 2011 I ! F~: 831-277-3~06 DI = D~INAGE IN~T LOCATE FA~: ~CE 7, 2011 SCTM: 000-033,00-04.0~003.000 I DR~ELL 1000 SOUND DRIVE, GREENPORT Q020- I O'