HomeMy WebLinkAbout1000-33.-1-16OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
of souryo�
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CDUNTI
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: John Bredemeyer, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: February 19, 2014
Re: Proposed Wetland Permit for LUAN SADIK
SCTM# 1000-33-1-16
Swim King Pools on behalf of LUAN SADIK requests a Wetland Permit to construct an 18'x40' in -
ground pool with a 20'x30' permeable paver patio, 5' wide walkways around pool, and associated
pool fencing. Located: 2200 Sound Drive, Greenport. SCTM# 33-1-16
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
provided that:
4.1 Minimize losses of human life and structures from flooding and erosion hazards.
A. Minimize potential loss and damage by locating development and structures away from
flooding and erosion hazards.
Avoid development other than water -dependent uses in coastal hazard areas.
Locate new development which is not water -dependent as far away from coastal
hazard areas as practical.
b. Avoid hazards by siting structures to maximize the distance from Coastal
Erosion Hazard Areas.
The Zoning Board of Appeals granted a variance (Appeal No 3507) in
1986 to allow the construction of a pool 30' from the top-of-
bank/bluff. Aerial analysis shows that the bluff surface is heavily
vegetated and relatively stable at this time, however, with
consideration of the recent intensity of storm events that have
caused the Town's shoreline to experience severe erosion (even
when hardened) it is recommended that the pool be redesigned or
relocated to maximize the distance from the Coastal Erosion Hazard
Area. The location of the subject parcel is show in Figure 1. below.
Note that the dimensions of the pool approved in the 1986 Zoning
Board of Appeals decision do not match the plans submitted to the
Board. In the decision the pool is proposed at 18'x36', the current
proposal proposes an 18'x40' pool. The walkway needs to be also
verified that it complies with the decision.
In the event that the pool is approved in the current location, it is recommended that:
1. The Board assess that the loading of the equipment to construct the pool and the pool itself will
not compromise the stability of soils.
2. Require that a de -watering drywell is shown for the pool or verify that the drywell located in the
front yard is not the leaching pool for the sanitary system. In addition, verify how the drywell
would be connected to the pool system.
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
Leslie Weisman, Zoning Board of Appeals
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
1. All applicants for permits* including Town of Southold agencies, shall complete this CCA.F 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.
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 Prograut. A proposed action will be evaluated. as to its simficant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
3: 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 sunnortina and non-
sunportme facts. 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
%Oj OF SITE AND PROPOSED ACTION
SCW J- - 1 .
PROJECT NAME 140
The Application has been submitted to (check appropriate response):
f
DEC 2 6 2013
Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees 7
1. Category of Town of Southold agency action (check appropriate'response):
FEB - 3 2014
(a) Action undertaken directly by Town. agency (e.g. capital
.constmetion, Planning activity, agency regulation, land transaction)
.(b).. Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Description (use attachments if necessary):
aid P�Do r
MAN
—(see
Nunemaker, Amanda
From: Eve Millner <eve@swimking.com>
Sent: Monday, January 27, 201411:30 AM
To: Nunemaker, Amanda
Subject: Luan Sadik Project description
Attachments: doc20140127115535.pdf, doc20140127115555.pdf
Luan Sadik
Project description 20x30 proposed patio and 5' walkway around pool on three sides. Proposed pool 18x40 and 30'
from top of bluff and not encroaching in the coastal erosion line.
I will overnight the surveys but I have attached them as well.
Thank you
Eve Millner
ExchangeNoi:l* wlcc Message Security: Check Authenticity
1
Nunemaker, Amanda
From:
Eve Millner <eve@swimking.com>
Sent:
Friday, January 31, 2014 1:50 PM
To:
Nunemaker, Amanda
Subject:
Lou Sadik fence details and plans
Attachments:
doc20140131141009.pdf
The homeowner would like a 4' aluminum estate black fence on both sides of the property and is shown on the survey
Thank you,
Eve
Exchanger -1 Message Security: Check Authenticity
ECFngp�_
JAN 3 1 12014
Location of
Site acreage:
Present land use:
Present zoning classification:
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:
(b) Mailing address;
Telephone number: Area Code (
(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?
WS PBL -)
C. Evaluate the p 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 POLICX
Policy 1. Fbster 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 �ot 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�Oot 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 Trot Applicable
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
991es ❑ No ❑ Nat Applicable
Attach additional sheets if necessary
Policy S. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
— Policies Pages 16 through 21 for evaluation criteria
❑ Yes Q No RNot Applicable
Attach additional sheets if necessary
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 6:ot7Applicab
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 ❑ NKj
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 evaluatiovi criteria..
❑ Yes ❑ No Kot 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
❑ Ye1:1 N t Applicable
Attach additional sheets if necessary
WORIONG 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 Riot Applicable
Attack additional sheets if necessary
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.
❑ Yes ❑ No EJ -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 ❑ No90
of 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 evaluation criteria.
❑ Yes ❑ No ql\z�t Applicable
PREPARED BY TITL DATE 042
OCE
��,,.�r..ce.�.�.. I COUNTY OF SUFFOLK U
Iz,l O — —'^— Real Property Tax Service Agenq
P �� PROPERTY
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4566td.TOwn board of Appeals:
MA1N .RDAO-:STATE ROAD 25 SOUTHDLD, L,1., N.Y...iiwi
TELEPHONE (516) 765-1809
r',
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3507
Applicatio ed. May 2, 1.986 (Public Hearing May 22, 1986).:
Skinny Dip . Pools, Inc. as Agent [Appellant (s) j
for Mr.. Nick..Theo. hi -los.' .
P.. G.. Box: 109
Matti tuck; N.Y 11952
At a Meeting of the Zoning Board of Appeals held on June 25, 1986,
the above appeal was. -considered, and the action. indicated below was taken
on your
[ j Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ j Request for.Special Exception under the Zoning.Ordinance
Article Section
[X) Request for Variance to the Zoning Ordinance
ArticleXI , Section 100-119.2(A)
E ] Request for
.Application of NICK THEOPHILOS for a Variance to .the Zoning Ordi-
nance, Article XI,. Section 100-119.2(A) for permission to locate swimming -
pool with deck and fence enclosure within 100' of bluff area along Long
.Island Sound,; at 2200 Sound Drive, Greenport, NY; Lot -No. 118, Map of
Eastern Shares:, Section 4; County Tax..Map Parcel No. 1000-33-1-16.
W.HE.R.EAS, 'a. public h.eari'ng was held.and.concluded an May 22,
79.86 in. the Matter of .the. Application of.'NICK'TH.E0PH.I10S under Appeal.
_No. 3507; a'nd
WHEREAS, the board members have persona7•ly viewed and are
familiar with, the premises in question,. -.its 'present zoning, and
..the surrounding areas; and
WHEREAS, at said hearing all those who desired.to be heard
were heard, and their testimony was recorded; and
WHEREAS, the board has carefully considered all testimony:
and documentation submitted concerni:ng.this application; and
WHEREAS, the board.made the following findings of fact:
1.. The premises in question is located along the north side
of Sound Drive,._ Greenport, is identified on the Suffolk County Tax
Maps as District. 1000, Section 33,.Block i', Lot 16,_and is known.and
Deferred to as Lat #118 on Map of Ea.stern*Shores, Sectioh,%jV,.:f-iled
March 7, 1966.
2. The subject premises consists of a total area of 33,355
sq. ft. with frontage along Sound Drive of. 100.0 feet,. and. average
Iat' .depth of 318± feet.. The upland area between Sound Drive and
the top of the.bank/bluff area, is a length of approximately 215' feet.
The premises is presently improved.w.ith an one-story, single-family•
dwelling, shown by survey dated August 15, 1985 prepared by Roderick:
DATED: June 25,. 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
P-a§e 2 - appeal No. 3507
Matter of NICK THEOP#TILOS
Decision Rendered June 25;.1986
VanTuyl, P.C.. to be set back approximately 70 -feet (exclusive
of rear porch) from the. top of the bank, and approximately 57
feet inclusive of rear porch, at its closest points.
3. By. this application, appellant requests permissJ oh to
locate an. 18' by 36' wide swimmingpool with a setback at its .
closest: point to the....to:p. of.-bank_.at .23 feet. . The pool...as-.proposed
is shown to be an.aEccessory structure at a distance lb feet away
from the :dwe.11i*ng, 'and centered .betw2.en.-tbd, side pr..operty ;1Ines.
Also proposed aroulid the pool are a three-foot wide.wooden
wa.lkwey;_wh-ich would be set back not closer than 20 feet from .
its closest point to the top of bank, -and fence as.:req.uired
by th;.e code ,along the side _and rearproperty. lines.
4. Article'XI, Section._1007719.2, sub-paragraph..(A)[11
requires all buildings proposed_,on_iots adjacent to Long Island
Sound to be -set 'back _not less than one=.hundred (Tdb):feet-from the
top of. the bluff or bank..: The boird*agrees that.._to locate the
proposed accessory building -in compliance with this setback
requirement would. be placing same in front (to the south) of
the existing dwelling_,_ _
5. It is the opinion of.'the board members that:: (a) the
.pool be located as .far back from the bluff edge as possible;
(b) any draining of.the po.ol_or_discharg_e not be piped over
the face of the bluff. .
In considering this appeal, the board also finds and deter -
.mines: (a) although the percentage of relief requested
from the 100' setback. requirement is.substanti-a_l, the present
setback is established at 57± feet, which is an automatic
reduction of 43.feet; (b) the placement of the pool at a
point .not closer than 30feet 'from the top of bank is not
unreasonable.and will not. be detrimental to adjoining properties
or change the character of the district; (c): the circumstances
are unique; (d.) the practical difficulties are sufficient to
warrant a conditional._ granting of .a variance; (e)_.the dif.fi
culty cannot be obviated by some.: method feasible for appellant
to pursue other than.a variance; (f) that in view of. the_
manner in which the difficulty arose. and in consideration of
all the .above factors, the interests of justice will best be
served by conditionally allowing a variance, as noted below.
Accordingly', on motion by Mr; Goehringer, seconded by
Messrs. Sawicki and Grigonis, it was _
RESOLVED, that a Variance for permission to locate. accessory
swimmingpool with wooden walkway and fence enclosure within 100 _
feet of the Long Island Sound bank; BE'AND HEREBY IS APPROVED.in
the Matter of the Application of 'NiCK 'THEOPHLOS under.Appe_
No. 3507, SUBJEC_T'TO'THE FOLLOWIN ITIO S: _
1. The pool and wooden walkway construction applied for
shall remain an accessory structure, .not to be attached .to the
dwelling or overhang in any form.
2. The pool and wooden walkway shall.not be located
closer than 30 feet to the top of bank. _
3. There shall be no obstrusive lighting,which'will be
adverse to o'the'r properties::
4. There shall be no overhead lighting.
5. The fencing shall be of chainlink material...
6. There shall be proper groundcover. between the pool
and top of bank so as to aid in the prevention of erosion.
Page 3 -.Appeal No. 3507
Matter of NICK THEOPHILOS
Decision Rendered June 25, 1486
7. There be no drainage over the bluff area of water
(from the pool., irrigation, etc.) into the Sound.
8. All fill must be placed landward of the bluff.
Vote. of. the Board: Ayes: Messrs. Goehringer, Grignnis„
Do.u.g.lass; and Sawicki This resolution .was .duly adopted. .
(Member Doyen -was absent.)
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NUMBERS.
SURVEYNOTESO
1. UHAUTHORM ALTERATION ORADDITION70THIS SURVEYIS
A VIOLATION OF SECTION 7200 OF THE NOW YORK STATE
HDUCA710N LAW. COMBS OF THIS SURVEY MAP NOT BEARING THO
BURVEYOMS INKED OR EMBOSSED SEAL SHALL NOT BE
CONSIDERED TO BE A VAUD TRUE COPY. CERTIFICA710115
IRDICATED HEREON SHALL RUN ONLY 70 THE PEROONIPERSONS
POR WHOM THE SURVEY 10 PREPARED. AND 011 HDIMERRHEDI
BEHALF TO THE TITLE COMPANY. GOVERNMENTAL AGENCY, ANIS
LENDING INSTITUTION LISTED HEREON. CERTIFICATIONS ARE NOT
TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEOUENT
OWNERS.
2. THIS SURVEY Ui SUBJECT TO ANY EASEMENT OF RECORD AIIO
OTHER PERTINENT FAC73 WHICH AN ABSTRACT OF TITLE FIGHT
DISCLOSE.
3'
OFFSETS SHOWN HEREON ARE FOR A SPECIFIC PURPOSE AND
SHOULD NOT BE USED AS A BASIS FOR CONSTRUCTION OF
FENCES OR OTHER STRUCTURES.
4. SUBSURFACE STRUCTURES AND10R UTILITIES. IF ANY. NOT
BHDWL
0. HEDOE AND FENCE OFFSETS SHOWII ARE 70 CENTERLINE
UNLESS OTHERWISE NOTED.
i CERTIFY THAT THIS MAP REPRESENTS AN ACCURATE AND TRUE
ACCOUNT -OF A SURVEY. PERFORMED IN THE FIELD UNDER MY
OUPERVIM011 ON 713DT2012. OF THE LAND THEREIN PARTICULARLY
DESCR6HD.
THE RECORD DESCRIPTION OF THE SUBJECT PROPERTY FORMS A
MATHEMATICALLY CLOSED FIGURE. THIS SURVEY WAS PREPARED
IN ACCORDANCE WITH THE CURRENT CODE OF PRACTICE FOR
LANG SURVEYORS ADOPTED BY THE HEW YORK STATE
ASSOCIATION OF PROFESSIONAL LAND SURVEYORS.
0�
T. EASON .LAND SURVEYOR
5505NF?SCON,SIs'7'I-HGHIrlAY, SLMt3 236, MI'SINAI, NI3IFYORK 11766
Phone (691)474-2200 /Fax (631) 899-9085 email TF..f1SONLS@OPTONLTNE.NFT
SITE SURVEY
SURVEYFOR-' LOU SADIK
MAP OF.- EASTERN SHORES SECTION FOUR
LOCATION • GREENPORT, TOWN OF SOUTHOLD, NEW YORK
CERTIFIED TO: LOU SADIK
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40 0 20 40 80 1
1 inch m40ft. GRAPHIC SCALE ( IN FEET
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AREA= 33, 351.63 SO Fr
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(14621)- DENOTES FILED MAP LOT
NUMBERS
SURVEY NOTES:
1. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY B
AVIOLATION OF SECTION 7209 OF THE NEW YORK STATE
EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE
SURVEYORS INKED OR EMBOSSED SEAL SHALL NOT BE
CONSIDERED TO BE A VAUD TRUE COPY. CERTIFICATIONS
INDICATED HEREON SHALL RUN ONLY TO THE PERSONNERSONS
FOR WHOM THE SURVEY IS PREPARED, AND ON HIBINER/D6R
BEHALF TO THE TITLE COMPANY. GOVERNMENTAL AGENCY, AND
LENDING INSTITUTION LISTED HEREON. CERTIFICATIONS ARE NOT
TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT
OWNERS.
2. THIS SURVEY S SUBJECT TO ANY EASEMENT OF RECORD AND
OTHER PERTINENT FACTS WHICH AN ABSTRACT OF TITLE MIGHT
DISCLOSE.
3.OFPSETS SHOWN HEREON ARE FOR A SPECIFIC PURPOSE AND
SHOULD NOT BE USED AS A BASIS FOR CONSTRUCTION OF
FENCES OR OTHER STRUCTURES.
4. SUBSURFACE STRUCTURES AND/OR UTILITIES, IF ANY. NOT
SHOWN.
S. HEDGE AND FENCE OFFSETS SHOWN ARE TO CENTERUNE
UNLESS OTHERWISE NOTED.
I CERTIFY THAT THIS MAP REPRESENTS AN ACCURATE AND TRUE
ACCOUNT•OF A SURVEY, PERFORMED IN THE FIELD UNDER MY
SUPERVISION ON 713012013, OF THE LAND THEREIN PARTICULARLY
DESCRIBED.
THE RECORD DESCBPiION OF THE SUBJECT PROPERTY FORMS A
MATHEMATICALLY CLOSED FIGURE. THIS SURVEY WAS PREPARED
IN ACCORDANCE WITH THE CURRENT CODE OF PRACTICE FOR.
LAND SURVEYORS ADOPTED BY THE NEW YORK STATE
ASSOCIATION OF PROFESSIONAL LAND SURVEYORS.
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T. EASON LAND SURVEYOR
5505 NESCONSE7'HIGHWAY, SUTI1 236, MI'S1NAI, NEW YORK 11766
Phone (631)474-2200 /Fant (631) 899-9085 email TEASONLS@OPTONLTNE.NET
SITE SURVEY
SURVEYFOR ` LOU SADIK
MAP OF: EASTERN SHORES SEC11ON FOUR
LOCATTON.• GREENPORT, TOWN OF SOUTHOLD, NEW YORK
CERTIFIED TO. LOU SADIK
40 0 20 40 80
1 inch =40ft. GRAPHIC SCALE IN FEET )
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Z
a
(118
TAX LOT 16
AREA= 33, 351.63 SQ FT
0.766 ACRES
SUFFOLK COUNT Y DFS'l: 1000
SEC. 33 BLK 01 L.07' 16
DAFE:1/04/14 SCALE: 1"=40'
PROIECI'NUMBER TEA13-260
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