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HomeMy WebLinkAbout1000-126.-5-2.11 e OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 L MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD ILl21M[OrATA 01IJMA To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: May 30, 2014 Re: Coastal Consistency Review for ZBA File Ref MICHAEL RANSON #6753 SCTM#1000-1000-126-5-2.1 MICHAEL RANSON #6753 - Request for Variance from Article XXII Section 280-116B and the Building Inspector's March 17, 2014 Notice of Disapproval based on an application for building permit for "as built" accessory structures (shed/deck), at; 1) less than the code required bulkhead setback of 75 feet, located at: 8740 Peconic Bay Boulevard (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-126-5-2.1 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 below listed LWRP Policies and therefore, INCONSISTENT with the LWRP. The accessory structures described were not constructed with the benefit of Board of Appeals and Southold Board of Trustees review. See figures 1 through 3 below. A# r N > v Figure 1. Subject parcel prior to construction of structures. Policy 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 recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The accessory structures were constructed following Tropical Storm Sandy. Due to their placement seaward of the top of bank they are located within a vulnerable area that has developed as a result of bank erosion associated with Tropical Storm Sandy. The erosion has lowered the elevation of the property in this location. Since the elevation has been lowered, it is unclear if the Flood Zone X designation still applies where the accessory structures (shed) have been constructed. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally requires a location on the coast or in coastal waters. The accessory structures do not functionally require a location on the coast and are not water dependent. I lot, GooSlc'earth h Figure 3. SubjeQt parcel and limit of FEMA Flood Zone VE. 5. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. A portion of the accessory structures are located within the VE FEMA Flood Zone EL 11 (Figure 3). However, note that the grade elevations in this area have been altered following Tropical Storm Sandy. Accessory structures located within these areas have the potential to suffer high, repetitive loss and pose hazards to life and property during storm surge events. It is recommended that accessory structures be located outside of the hazard areas prone to storm surge and erosion to the greatest extent practicable. 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: Martin Finnegan, Town Attorney