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Home My WebLink About1000-71.-1-11 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: Oct(~ber 12, 2011 Re: Proposed Wetland Permit for FRANK GILBERT SCTM#1000-71.-1-11 Patdcia C. Moore, Esq. on behalf of FRANK GILBERT requests a Wetland Permit to replace existing deck with 9'X 35' deck and stairs from deck to garage; replace and repair stairs on bank; and increase the existing non-turf buffer by 3'. Located: 1095 North Parish Dr., Southold. SCTM#71-1-11 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. 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 bulkhead (incorporating the existing trees). 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] 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: Lod Huise, Assistant Town Attorney LWRP CONSISTENCY ASSESSMENT FORM 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 ~\/r 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). lfany 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 SCTM# 1000-71-1-11 OWNER: Frank Gilbert 1095 Parish Drive, Southold AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X~ Zoning Board of AppealsX 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by To wn agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. ~ant, loan, subsidy) __ (c) Permit, approval, license, certification: X Variance for setback to bulkhead & Trustees permit Nature and extent of action: reconstruct and expand an existing deck on house and approve "as built"Gazebo used as landine (replaced previous landing)on existing stairs to beach Location of action: 1095 Parish Drive, Southold Site acreage: 20,970 sq.ft. Present land use: existing house and deck, existing Gazebo 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: Frank Gilbert (b) Mailing address:1095 Parish Drive, Southold (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X .No If yes, which state or federal agency: DEVELOPED COASTPOLICY 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. X Yes No Not Applicable Existing lot is .5 acres and is nonconforming in 1 acre zone. The lot has an existin[, bulkhead and protected by two ietties adjacent to Peconic Bay. The proposed deck is 56.5' from the bulkhead and requires a variance from the ZBA and permit from Southold Town Trustees 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 X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resourcea 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 X Yes No Not Applicable This property is developed with a house, bulkhead, beach stairs and 2 jetties. The proposed deck is a customary accessory amenity to a single family home and the Gazebo on the beach stairs acts as a landine. 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 X Yes No Not Applicable Existing house remains, existing deck will be replaced and extended for additional outdoor living space. Beach stairs with landing constructed in the 1960's when the house wan constructed. The beach stairs were replaced when the bulkhead was replaced and an existim, landing was changed to the Gazebo (~! 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 X Yes No Not Applicable Proposed deck has no impact on water quality and Gazebo provides a landing on the stairs. 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. X Yes No Not Applicable Setback to the bluff is less than 100 feet, however the size of the parcel is nonconforming. The deck and Gazebo do not impact the ecosystem, the structures are landward of wetlands and a bulkhead. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X . Not Applicable Air quality will not be affected by residential use 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. X Yes No Not Applicable Solid waste is controlled through town-wide recvcline, no hazardous substances proposed at site. 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 XNo Not Applicable The parcel is private ownership and the structures do not impact public access seaward of the bulkhead WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No X .Not Applicable Residential use of property on establish lot will not adversely impact Peconlc Bay 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 62 for evaluation criteria. X Yes No Not Applicable Peconic Bay is adjacent to development of parcel, however, construction activity is minimal for the deck. The Gazebo replaced a landing with seats and no activity is proposed to beach stairs. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. North Parish Drive is private residential development. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources. *copy of Town form created on 5/25/05 N SURVEY OF PROPERTY A T BA YVIEW TO ~rN OF SO UTHOLD SUFFOLK COUNTY, N. 1000-?1-01-11 SCALE: MAY 18, 2011 JULY 6~ EOII (DECK STAIR$I !ORR' AREA=20,970 SO. FT. TO TIE LINE · =MONUMENT ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ~"~N,Y,S. LIC. NO. 49618 /P,/ZCONIC SURT/EYORS, P.C. (631) 765-5020 FAX (631) 765-1797 P.O. BOX 909 SOUTHOLD, N.× 7797~ 11--149 Telephone (516) 765-1801 SO'uT~OLD TOWN CONSERVATION ADVISORY COUNCIL Tow~ Hall. 53095 Main Road P,O. Box 1179 Southold. New York 11971 The following recommendation was made at a meeting of the Southold Town Conservation Advisory Council held June 22, 1998: - A-135 Moved by Sharon Shine, seconded by Kenneth Meskill, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Amendment to Permit request of FRANK GILBERT, JR. 71-1-11 to replace an 8' x 8' deteriorated timber landing and benches with an '8~ octagonal gazebo. North Parish Drive, Southold Vote of Council: Ayes: All Motion Carried