HomeMy WebLinkAbout1000-103.-2-1.1 0 SO
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex Q� P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY 11971 Telephone: 631 765-1938
110um,
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
To: Glenn Goldsmith, President
Town of Southold Board of Trustees
Cc: Honorable Lori Hulse, Attorney
From: Heather Lanza, AICP, Planning Director
LWRP Coordinator
Date: September 11, 2026
Re: LWRP Coastal Consistency Review
MILO BD, LLC, SCTM #1000-103.-2-1.1
This application is to remove the existing 674 sq. ft. pool and 2,024 sq. ft. patio and
install a 19.8'x38.8' pool with coping and 1,640 sq. ft. on-grade pool patio; install a Tx7'
gunite spa a maximum of 24" above grade; construct a 37 linear foot long retaining wall
along north side of pool patio to be a maximum of 24" above grade; install new 4' high
pool enclosure fencing with gates; install a 44 sq. ft., 18" high planter; remove 238 sq. ft.
of stoops and 11 sq. ft. steps and construct 12 sq. ft. steps leading to 330 sq. ft.
pervious gravel pad; construct a 442 sq. ft. covered porch on south side of dwelling;
install an 8'x4' drywell for porch runoff; install ±20 linear foot stepping stone path with
natural vegetated 6" joints; install a NDS EX-Flow stormwater container with open grate
top; install 70 sq. ft. pervious on-grade wood walkway; remove existing 828 sq. ft.
masonry walkway and install 500 sq. ft. on-grade masonry walkway and 45 sq. ft.
masonry steps; relocate existing septic control panel and electric meter closer to
dwelling; remove 795 sq. ft. portion of driveway with addition of 16 sq. ft. gravel section
and 250 sq. ft. on-grade masonry apron at edge of driveway; construct a ±25 linear foot
retaining wall along masonry patio, not to exceed 24" in height within Trustee
jurisdiction, and to flush-cut existing dead spruce tree.
The proposed action has been reviewed under 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 policies of the
LWRP as follows:
Policy 5. Protect and improve water quality and supply in the Town of Southold.
5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention
of water quality standards.
C. Ensure effective treatment of sanitary sewage and industrial discharges by:
3. modifying existing sewage treatment facilities to provide improved
nitrogen removal capacity.
5.4 Limit the potential for adverse impacts of watershed development on water quality
and quantity.
A. Protect water quality by ensuring that proposed expansion or intensification of
existing watershed development results in:
3. protection of areas that are particularly susceptible to erosion and
sediment loss
Policy 6. Protect and restore the quality and function of the Town of Southold's
ecosystem
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
The proposed action is on a lot with an existing residence that is less than 100 ft. from
the wetland boundary of East Creek.
The proposed seasonal septic system is not consistent with Policy 5.1.C.3, which calls
for the effective treatment of sanitary sewage discharges. The proposed seasonal septic
system is not proposed to be an Innovative/Alternative Onsite Wastewater Treatment
System (I/A OWTS). An I/A OWTS system would have a higher nitrogen removal
capacity compared to a traditional septic system and would reduce nitrogen inputs into
adjacent waters. The proposed addition of another septic system on the parcel that is
not an I/A OWTS system would increase the likelihood of nitrogen pollution into the
nearby creek. A better alternative would be to replace the existing septic system with an
I/A OWTS system and connect any additional bathrooms in accessory structures to it.
The proposed additions to the building footprint are inconsistent with Policy 5.4.A.3,
which calls for the protection of areas that are particularly susceptible to erosion and
sediment loss.
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The land adjacent to the wetland boundary could be defined as a bank pursuant to
Town Code Chapter §275-2 Definitions:
BANK
Land incline adjoining a body of water, wetland and/or beach.
Although the proposed action on the parcel has a pre-existing residence, the proposed
action is inconsistent with Policy 6.3.A, which states that actions must comply with the
Southold Town Board of Trustees' laws and regulations. The pre-existing residence is
27 ft. from the wetland boundary of East Creek and the entirety of the single-family
dwelling is within 100 ft. of the wetland boundary in the Trustees'jurisdiction.
On the site inspection, it was observed that the slope of the bank was causing the
existing slate patio to fail at the edge of the contour due to erosion. The proposed
additions are not recommended due to the potential for future erosion.
A wetland permit was issued for the property in November 2021 with the requirement
that a 20 ft. non-disturbance buffer adjacent to the wetland boundary be established. On
the site inspection, it was noted that the non-disturbance buffer was not being
maintained. This is inconsistent with Policy 6.3.E, which states the maintenance of
buffers to ensure that adverse effects of nearby development are avoided.
There is an accessory structure labeled garage and pool house on the survey and site,
however, there does not appear to be a building permit for a cabana/pool house on
record. While there is a permit for a garage, adding a cabana/pool house has certain
limitations under the Town's Zoning Code. It should be noted that the cabana/pool
house requires a building permit and must meet zoning requirements.
The proposed action has been reviewed under Chapter §268, Waterfront Consistency
Review of the Town of Southold Town Code and the Local Waterfront Revitalization
Program (LWRP) Policy Standards.
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