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HomeMy WebLinkAbout1000-52.-2-14 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: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: October 18, 2011 Re: Proposed Wetland Permit for BEE HIVE DEVELOPMENT CORP. SCTM#1000-52-2-14 Catherine Mesiano, Inc. on behalf of BEE HIVE DEVELOPMENT CORP. requests a Wetland Permit to construct a 44'X 41' two-story frame dwelling, septic system and associated site improvements; install a 4'X 27' walkway @ 3' above grade on six 8" X 15' piles @ 9' on center, 30" X 15' seasonal ramp and seasonal 5'× 18' floating dock secured to two 8" X 15' anchor piles. Located: 400 Old Cove Blvd., Southold. SCTM#52-2-14 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 INCONSISTENT with the Policy Standards and therefore is INCONSISTENT with the LWRP. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The proposed action is located in an AO flood zone, an area subiect to flood depths from I to 3 feet. Further the proposed action does not meet Policy 5: Protect and Improve Water Quality in the Town of Southold. 5.2 Minimize non-point pollution of coastal waters and manage activities causing non-point pollution. Minimize non-point pollution of coastal waters using the following approaches, which are presented in order of priority. 1. Avoid non-point pollution by limiting non-point sources. Avoid activities which would increase off-site stormwater runoff and transport of pollutants. Control and manage stormwater runoff to: · minimize transport of pollutants · restore sites to emulate natural stormwater runoff conditions where degraded stormwater runoff conditions exist · achieve no net increase of runoff where unimpaired stormwater runoff conditions exist Retain or establish vegetation to maintain or provide: · soil stabilization · filtering capacity in riparian and littoral zones The applicant has not shown adequate controls to prevent storm water from enterin.q Arshamomaque Pond (ve.qetated buffer landward of the concrete wall). In the event that the application is approved the following are recommended. 1. Establish a Landscaped (non-turf) Buffer landward of the concrete sea wall. 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 pedod 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] The proposed action to install a 4'X 27' walkway (~ 3' above grade on six 8" X 15' piles {~} 9' on Center, 30" X t5' seasonal ramp and seasonal 5'X 18' floating dock secured to two 8" X anchor piles is not a permissible action pursuant to:. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. §275-11. Construction and operation standards. b) Dock locations and lengths. [Amended 10-11-2005 by L.L. No. 17-2005] [3] Prohibited locations and activities. [a] No new docks will be permitted over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands in the following areas: Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond, Long Creek (branch of ~fattituck Creek, East of Grand A venue bridge), Pipe's Cove Creek and West Creek. [Amended 12-18-2007 by L.L. No. 23-2007] Figure 1. Subject parcel showing vegetated wetlands 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: Lori Hulse, Assistant Town Attorney Bee Hive Development Corp. 400 Otd Cove Road, Southold Town ofSouthold ~/,.~~ ~ ~: LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. Ali applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to tho 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 Permit and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering thc questions in Section C, the preparer of th_is 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 thc coastal area (which includes all of Southold Town). 3. 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. 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 ~-~L ~,~]} SCTM# 1000-52-2-14 The Application has been submitted to (check appropriate response): Town Board Planning Dept. X Building Dept. X_.Board of Appeals X.Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital constructio~ planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Request variance/permit to construct a single family dwelling on a pre-existing non-conforming lot having a proposed 15' front yard setback and 45' setback to bulkhead. Bee Hive' Development Corp 400 Old Cove Road, Southold SCTM~ 1000-52-2-14 Location of action: 400 Old Cove Road, Southold Site acreage: .32A Present land use: residential Present zoning classification: R-40 2. 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: Bee Hive Development Corp. (b) Mailing address: 1111 Bellmore Avenue, N. Bellmore, NY 11710 (c) Telephone number: 516-783 2833 (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? NYSDEC 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 The proposed improvements are consistent with the pattern of development in the ne(qhborhood and with older established ne(qhborhoods within the Town. 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 The proiect is not located near any historic sites or districts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWRP Section III - Policies Pages 6 - 7 for evaluation criteria Yes No Not Applicable The proposed improvements have been desi~qned to complement the area within which the site is located. 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 The subject site is protected by a 37' concrete seawall that is part of a much la~. er structure that appears sound and stable. There is no evidence of erosion orflooding on the site. The des(qn of the proposed dwelling conforms to FEMA standards. Drywells will contain on-site stormwater run-off. ~ee Hive Development Cor;o. 400 Old Cove Road, Southold $CTM~ 1000-52-2-14 Policy $. Protect aud improve water quality and supply in thc Town of Southold. See LWRP Section II! -- Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable The proposed improvement will be built in accordance the Suffolk County Health Departments standards for on-site sanitary systems, thereby minimizinq any potential effect to groundwater. 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 All proposed activity is landward of the existinq seawall and will have no impact on the wetlands adiacent to the site. 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 It does not appear that Policy 7 is relevant to the requested relief. 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 The proposed construction ora single family dwelling is consistent with the area. Any so/id waste, etc. is disposed of at the Town landfill. 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 Approval of the proposed improvements will have no impact on public access to, and recreational use of, coastal waters, etc. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote sitlng of new water- dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 10 relevant to the requested relief. Bee Hive Development Corp. 400 Old Cove Road, Southold SCTI~ 1000-52-2-14 Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section llI- Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 11 is relevant to the requested relief Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 12 relevant to the requested relief. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 13 relevant to the requested relief. 2BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard R Goehringer George Homing Ken Schneider 5309f Main Road · P.O. Box 1179 Sonthold, NY 11971-0959 Qffice Location: Town Annex/First Floor, Capit~l One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:flsoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 7, 2011 ZBA FILE: 6476 NAME OF APPLICANT: Bee Hive Development PROPERTY LOCATION: 400 Old Cove Rd. (Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek), Southold, NY SCTM # I000-52-2-14 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type I1 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A t4-14 to 231 and the Suffolk County Department of Planning issued its reply dated May 18, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: A Letter dated May 25, 201 l confirming inconsistency was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The letter stated that the subject property is in a flood zone and the soil boring shown on the survey is three years old. The recommendation is to verify the accuracy of the depths to groundwater and leaching pool separation distance. PROPERTY FACTS/DESCRIPTION: Subject property is a nonconforming vacant lot in the R-40 zone consisting of 14,114 sq. ft. It has 118.79 feet of frontage on Old Cove Road, 100.68 feet along Beverly Road, 138.16 feet on Arshamomaque Pond (Mill Creek) and 112.00 feet along the west property line as shown on the survey dated June 2, 2011 prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variances under Sections 280-124 and 280-116, based on the Building Inspector's Mamh 21,2011 Notice of Disapproval concerning an application for construction ora new single family dwelling at: 1) less than the code required front yard setback of 35 feet, 2) less than the code-required minimum of 75 feet from the bulkhead. RELIEF REQUESTED: The applicant proposes to construct a two story dwelling on the subject vacant parcel and requests relief for a proposed front yard setback of 15 feet where the code requires 35 feet, and a bulkhead setback of 37 feet where the Code requires 75 feet as shown on the Survey for Bee Hive Development Corp., prepared by John T. Metzger, L.S., dated June 2, 20l 1 (Revision). FINDINGS OF FACT/REASONS FOR BOARD ACTION: Thc Zoning Board of Appeals held a public hearing on this application on June 2, 2011, at which time written and oral evidence were prescntcd. Based upon all testimony, documentation, personal inspection of the property and 'Page 2 - J'uly 7, 2011 Z~A F~[egg4% - [~ee ~Iive Dev CTM: 1000-52-2-14 surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following f'mdings: l. Town Law ~267-b(3)(b)(l) Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The character of the neighborhood consists predominantly of one-story dwellings on smaller lots, however there exists a two story dwelling with a 60 foot front yard setback across the street from the subject parcel. 2. Town Law l~267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a front yard setback area variance. Even though the subject parcel has two front yards, the applicant can locate the proposed dwelling on the subject parcel with conforming front yard setbacks. However, the benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance from the 75 foot bulkhead setback code requirement. 3. Town Law {~267-b(3)(b)(3). The variance requested herein for a front yard setback is substantial. The requested front yard setback of 15 feet will require a 20 foot variance or a 57% relaxation of the Code required 35 feet. A few of the dwellings in the neighborhood have lesser front yard setbacks than what the applicant proposes, however these parcels are smaller than the subject parcel and these existing dwellings are one sto~y. The variance requested herein for a 37 foot bulkhead setback is mathematically substantial requiring a 38 foot variance and a 51% relaxation of the Code required 75 feet, however there are six waterfront parcels in this neighborhood that have existing bulkhead setbacks that are less than what the applicant proposes. 4. Town Law §267-b{3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has not shown storm water controls to mitigate surface flow to Ashamomaque Pond or proposed non-turf landscaped buffers to further mitigate impacts from improving the subject parcel. Furthermore, the applicant has not submitted an approved Southold Town Trustees or DEC Permit or septic system design from the Suffolk County Health Department, which department may require a unique design and/or structure in a specific location which could affect the location of the proposed dwelling. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicam had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Denial of the requested relief is the minimum action necessary and adequate to preserve and protect the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE 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 Schneider, seconded by Member Goehringer, and duly carried, to DENY the variances as applied for. The Board will rehear the application without prejudice when the applicant provides adequate information that addresses the balancing test set forth in Town Law 267-b(3)(b)~ Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. 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 addressed in this action. The Board reserves thc right to substitute a sirni~m design that is de minimis in natuTe fm an alteration that does not increase the degree of noneonformiw , ~'.BA Fil~g6476 Bee Hive Dcv CTM: 1000-52-2-14 Vote oJ the Board. Ayes: Members IVeisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. This Resolutian was duly adopted (5 -0). Leslie Kanes Weisman, Chairperson Approved for filing ~ //] /2011 Plan View .~." Bee Hive Dev. Corp. Surveyed: 05-24-1 I 1" = 20' I W~I~E 1 SCT# 1000-52-2-14 -4.5 Arshamomaque Pond SEA LEVEL MAPPING Box # 366 Aquebogue N Y 11931 ROBERT H. FOX NYS PLS# 50197 SeT# 1000-52-2-14 Sout:hHe5t: cor'n~r t~v~rl§ Roc~d ~ Old ~iv~ t~lvd. Arshamomaque Town: Southold Suffolk County, NY Datum: M L L W -.. <penetratiOn ~. -. ~ .. ,~ ~ropos '.. ',. -,, -.. ~',oeason~ -.. .. -..¥-. Ramp ~ -,. "~>(~'"x 153 % & Fl~t ' ~ (5'x ~8~ Section 1" = 20' Proposed Walkway (4' x 273 with 60% light Proposed Seasonal penetration (3' abv. gr.) Ramp (30" x 15~ & Float (5' x 18') (2) Anchor! Piles - HH kl,,I exls~.. Fhe IocMion$ of wells ond cesspools shown hereon ore from field observofions ond or from doto obtdned from others. RAIN RUNOFF CALCULATIONS HOUSE - Iq?2 14~'Z · I ~ OJ? ,, 250 cu. fl. 2~OI4E. E . 5.~ ~ .~ ~ ~ L~A~ P~S 8'~ CONC SLAB TO BE REMOVED Tesf Boring 11/Io/o8 ~ M¢oo~, Geosclence FLOOD ZONE FIRI~ 36103C0158 H I om lenWior wift~ the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SELVAGE DISPOSAL SYSTEMS FOR SINGLE FAM;L Y RESIDENCES' and w/Ti obide by the conEifio~$ set [orlh ~ereifl and on permit 1o con$trucL ZONING DISTRICT: R 40 PROPOSED LOT COVERAGE = 13 UPLANDS AREA = 13,857 sq. ft. TOTAL AREA SURVEY FOR BEE- HIVE- DEVEI OPMENT CORP AT ARSHAMOMAOUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 52- 02 - 14 Scale.. I" = 30' Oct. 6, ~.0~0 SEPT. I$, moil fS~T FENCE & HAYB,4L£~.~ F~. ~I, ~0 e'ev~,~ APRIL ~1, ~OII (ed~lions) CERTIFIED TO, UUNE ~, gOII BEE-HIVE DEVELOPMENT CORP. FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK ELEVATIONS ARE R~FERENCED TO NA VD. 88 REMOVED ~-- WETLANDS FLAG AS DELINEATED BY ROBERT FOX L.S. Aug. 20/0 ~, To comer .rr~.~o ~ r~r Te~ 'aeou~r-ro-o rr a~e .or ~v coa*tuavar .rn r~ (516~ 765 - 5OEO P. O. BOX 909 1230 TRAVELER SOUTHOLD, N. Y. S TREE T 11971 49618 97-101