HomeMy WebLinkAbout1000-115.-11-21 OFFICE LOCAITON: ® �drt? MAILING ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) e�
Telephone: 631765-1938
Southold, NY 11971 '"'�', ►
FOCAL 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: October 8, 2025
Re: LWRP Coastal Consistency Review
JORGO &s CHRISTINA CIKOLLA
SCTM# 1000-115-11-21
This application for a Wetland Permit is to construct a 12'x39' swimming pool, decks,
and exposed 4' pool retaining wall and plantings along the seaward face of pool and
deck which will have 3' tall plantings to screen the pool and deck; install a drywell for
pool backwash, pool equipment area, and pool enclosure fencing with gates; remove
existing asphalt driveway and replace with permeable gravel in-place; and establish and
perpetually maintain a 10' wide non-disturbance buffer area along the landward edge of
the top of the bank with a 4' wide access path to dock.
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 proposal be found INCONSISTENT
with the LWRP.
There are several reasons that this proposal is recommended to be found inconsistent,
including the following:
1. The proposed location of the pool is not code compliant; pursuant to Town Code
Chapter 275-D (1)(a)[5] which states that pools and related structures must be at
least 50' from the bank. The plans show the distances at 38' and 46' from the
bank. This is inconsistent with the following policies as follow below:
a. Policy 5. Protect and improve water quality and supply in the Town of
Southold.
This application is inconsistent with this policy because the pool is located
too close to the wetlands with a very short migration time of groundwater
to surface water. Discharging chlorinated pool water, even into a dry well,
poses a potential pollution issue, especially if the substrate is sandy with
little organic matter to bind the chlorine.
b. Policy 6.3 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. This application is
inconsistent with this policy because it does not comply with the
regulations in Chapters 275 (pool and related structures too close to the
wetlands (<50').
c. Policy 6.3 D. Provide adequate buffers between wetlands and adjacent or
nearby uses and activities in order to ensure protection of the wetlands
character, quality, values and functions. This application is inconsistent
with this policy because it proposes the pool too close to the wetlands,
leaving an inadequate buffer between the wetlands and the development.
Further, there is no test hole shown on the plan or survey indicating depth to
groundwater. Nor is the size or depth of the proposed drywell indicated. To be
effective and meet Town Code, the drywell needs to be above the level of
groundwater. In the absence of a test hole, a certification from the applicant's
engineer that the drywells will meet all applicable regulations for distance to
groundwater and be effective could be required.
2. Existing vegetation within the jurisdiction of the Trustees has been removed
without a permit which is not allowed pursuant to Town Code. This is inconsistent
with several of the LWRP policies as follow:
a. Policy 3.1 C Screen components of development which detract from visual
quality. the removal of existing vegetation has removed the natural
screening of the development
b. Policy 3.1 J. Protect visual quality associated with public trust lands and
waters. Limit alteration of shoreline elements which contribute to scenic
quality. This property is visible from the public trust waters and removal of
the vegetation has altered the shoreline elements which contribute to
scenic quality.
c. Policy 6.1 B (2) Retain and add indigenous plants to maintain and restore
values of natural ecological communities by protecting existing indigenous
plants. From loss or disturbance to the extent practical. And also including
use of suitable indigenous plants in the landscaping plans in
redevelopment projects where loss or disturbance of existing indigenous
plants could not be prevented.
In this case, the native plants were largely removed so that the values of
the ecological communities were lost. To attempt to restore the ecological
values, the site should be revegetated with native plants, especially in the
buffer to the wetlands.
d. Policy 6.1 CA & 2: Reduce adverse impacts on ecological quality due to
development and mitigate impacts of new development.
The mitigation would have been to retain the existing vegetation, however
since it is gone, the mitigation would need to be revegetation with native
plants.
e. Policy 6.3 D & E Provide adequate buffers between wetlands and adjacent
uses to ensure protection of the wetland's character, quality, values and
functions, and maintain buffers to ensure that adverse effects of adjacent
development are avoided.
The proposed buffer is inadequate to protect the adjacent future surface
water quality because it is too small, and because the native vegetation
has been largely removed.
3. An open drainage pipe draining into the wetlands was observed on site. Town
Code Chapter 236 states that all drainage must be contained on site. Draining
water into the wetlands is inconsistent with the following LWRP policy:
a. Policy 5.1 B. Prevent point source discharges into Southold's coastal
waters.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Town of Southold �I7�//((���� InnIIIR EI(({�A
LWRF CONSISTENC ,ASSBSSNMNT.FORM AUG 2 9 2025
A. INSTRUCTIONS SOUTHOLD TOWN
PLANNING BOARD
1, 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 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 Program, �...uiro -wilt., be evalua#ed is:,to its sur f
bet frc al acid adverse_effecta:u .on the c+o =:area. �► `ch_` clu nall of.S+auttuild.'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 An*er .-Host b: laiu' � deta' listiu .bath.su ottin .and no
suE itW' a.f�acts: If an action cannot be certified as consistent with the LWRP policy standards and
conditions,*shall not be,.uudertalcbia..
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# 115 ..f 1 .21
380 Luptons Point Road, Mattituck, NY 11952 C ► o L`&
PROJECT.NAME ..., _ .. .
The Application has been submitted to (check appropriate response):
Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees .�
1. Category of Town of Southold agency action(check appropriate response):
(a) Action undertaken directly by Town agency(e.g.'capital
construction,planning activity,agency regulation,land transaction) 0
(b) Financial assistance(e.g.grant,loan,subsidy)
(c) Permit,approval,license,certification: n
Nature and extent of action:
See attached descri tion ,,.
Location of action'. 380 Luptons Point Road-Mattituck
Site acreage. 0.494
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 ipplicaxtt: Jorgo&Christina Cikolla
(b) Mailing address: 23-64 Cresent St.,.Astoria, NY 11105
(c) Telephone number: 9V-567455M4
Will the action be directly undertaken,require funding,or approval by a state or federal agency?
Yes:Z✓ NOF_ If yes,which state or federal agency? NYSnEC
C. Evaluate the project to 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.
DEVELUPED;C W 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 LVW Section 111.—Policies; Page,2 for evaluation
criteria.
ZYes F] No Not Applicable
Project provides for a ne*pool and deck.for use by the.owner making beneficial use to.the roperty..
Attach additionat.shiwft 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 11 No Z Not Applicable
No effect.
Attach rtton;, sheets.11?necess
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
Q Yes- No Not Applicable
No effect
Attach a 'tional sheets.f 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
Q Yes No. Not Applicable
iso effect.
Attach.additional sheets if necessary
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
El Yes [:j.No I y mot Applicable
No effect.
... _
ttac tion sheets i 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.
F Yes -F-JNo a Not Applicable
No effect
Attach additional sheets ifnece§nary
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
No effect.
Attach.additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold.from solid waste and hazardous
substances and wastes. Sce LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria.
Yes 1_.J No �✓ Not Applicable
No effect.
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.
Y'eLl No 7 Not Applicable
No.effect.
Attach additional sheets if necessary
WORIKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section IIL--Policies; Pages 47 through.56 for evaluation criteria.
❑Yes No ✓�.Not Applicable.
No.e ct
Attac}i 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 0 Not Applicable
No effect. .
Attach additional sheets ifnecessary
Policy 12. Protect;agricultural lands-in the Town of Southold. See LWRP Section III— Policies; Pages
62 through 65 for evaluation.criteria.
❑Yes ❑ No.z Not Applicable
No effect..
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.
0yesEl"No ✓❑ Not Applicable
No effect.
PREPARED BY J. Patanjo TTTLE_Aent . _ . DATE. 05-01-25
..�_-_.
JORGO&CHRISTINA CIKOLLA
380 LUPTONS POINT ROAD-MATTITUCK
SCTM No. 1000-115-11-21
The project includes the construction of a proposed 12'x39' in-ground swimming pool with maximum
exposed wail height of 4'on seaward face,an infinity style edge along east and south sides,install
proposed 2'tall x 73' long landscape retaining wall and plantings on seaward face of proposed pool and
deck which will have 3'tall plantings to screen pool and proposed deck,install a proposed 15'x 31' deck
with associated 4'x 9'steps down to backyard grass and a 6'x 39'deck between the proposed pool and
house.
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SCALE:
Proposed Pool Permit Plan 1"=20•
PIER LINE PLAN DATE:
5-5-25
380 LUPTONS POINT ROAD
MATTITUCK• TOWN OF SOUTHOLD
SUFFOLK COUNTY, NY
TAX MAP NO. 1000-115-11-21 SHEET:
1 OF 1
SURVEYED BY.• D.L., C.U., G.L.
DRAWN -211 D.L.
JOB: D24- LUPTONS POINT ROAD SURVEY OF DESCRIBED
SHEET. 1 OF 1
(20' WIDE PRIVATE ROADWAY) PROPERTY
(ASPHALT PAVED) OVERHEAD
EDGE OF S7328'50"E 100.00' WRES x CL 11.2' SITUATE:
ASPHALT EP 11.5' EP 11.5' EP 11.2' EP 11.2' MATTITUCK, TOWN OF SOUTHOLD,
- I SUFFOLK COUNTY, NEW YORK
ORP
x11.6' � I ------ S.C.T.M.
O\ FENCE 3 �� ELEC. �� 1000-115.00-11.00-02 1.000
\ CORNER Z METER ^i x10.6'
2.4N r of
\ 0.3'W W CONC WALK NOTES:
GRAPHIC SCALE
zi
a Z a m STEPS 5` 1. PROPERTY ADDRESS: 380 LUPTONS POINT ROAD, MATTITUCK, NEW YORK 11952.
20 0 10 20 40 0\ �� vi 2. OVERALL LOT AREA = 21,550 SQ.FT. (0.494 ACRES) AND UPLAND LOT AREA =
COVERED WOOD
Q \ o ®WV PO CH r� 14,442 SQ.FT. (0.331 ACRES).
12.2 3. ELEVATIONS AS SHOWN HEREON WERE BASED UPON THE NORTH AMERICAN
( IN FEET ) �� N 3 40.35' 1 VERTICAL DATUM OF 1988 (NAVD'88).
1 INCH = 20 FEET `\ N x11.5' DRAIN cd FFE=13.6' 4. BASED UPON SCALING THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD
N 28.1 21.35' 1/2 STORY io INSURANCE RATE MAP, COMMUNITY PANEL 36103CO482H EFFECTIVE DATE
v GARAGE ad i SEPTEMBER 25, 2009, INDICATES THAT PORTIONS OF THE SUBJECT PROPERTY LIE
FRAME �+ i WITHIN ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 0.2%ANNUAL CHANCE
LEGEND �L W} SEPTIC N DWELLING #380 N FLOODPLAIN) AND SPECIAL FLOOD HAZARD AREA REGULATORY FLOODWAY ZONE
PROPERTY LINE w N 39.4' 5. THIS 3UR EY WAS COMPLETED USING A TRIMBLE S7 ROBOTIC TOTAL STATION.
ADJOINING PROPERTY LINE N
271' 22.3' �i 1p.1'x C4 PROPERTY CORNER MONUMENTS WERE NOT SET AS A PART OF THIS SURVEY.
RAISED WOOD b
- - - - EXISTING RIGHT-OF-WAY �� ®x11.4' M DECK ,- N o o ALL DISTANCES ARE IN US SURVEY FOOT.
w WQQQ PLAT N w
BUILDING m w - -1 p"' . w SURVEYED ON JANUARY 5, 2025.
SPLIT RAIL FENCE N 2 FENCE ^�WOOD RAW �.-- -_� ----� �� ¢C.)
OVERHEAD POWER LINE w 1.3'W __ �,0�''� �__' �`\ '`�\ ��1 o
CONCRETE z W _ i "] `-_.�� �� �� �� w w
A �� EDGE OF ASPHALT I�- 'ice �� ]]] \�� ZONE X `i ��� \�� o
CLEARING LINE co + j "
-•-•-•.................. MEAN HIGH WATER LINE N
SPECIAL
- - - - - FEMA FLOOD ZONE LIMIT LINE FLOOD
- ••-•• -•••- -•••- LIMIT OF MODERATE WAVE ACTION LINE ZONE LIMIT < p
LINE ��.. _ _- �. - \
CONTOUR MAJOR o
---' (ELEV�, ----',----- CONTOUR MINOR '-- -_ BA-S,.-_ `_ ` \ cn
_NIS_ - _
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Qs SEPTIC MANHOLE cl
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SQ.FT. SQUARE FEET \ WOOD
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CL CENTERLINE CANgC LOCATION
EP EDGE OF PAVEMENT �� �, OF THE
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WW WINDOW WELL LIMIT OF�h2 MODERATE
BBC BELGIAN BLOCK CURBING WAVE
RW RETAINING WALL ^\ �,` ACTION
FFE FINISHED FLOOR ELEVATION ' `SS 4,, 1 - /
STANDARD NOTES: 72,
1. COPYRIGHT 2025 DENNIS W. LAYTON LAND SURVEYOR, P.C. ` CERTIFIED TO-
2. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY MAP BEARING A LICENSED LAND SURVEYOR'S SEAL \ JORGO CIKOLLA & CHRIS7INA CIKOLLA
IS A VIOLATION OF SECTION 7209, SUB-DIVISION 2, OF NEW YORK STATE EDUCATION LAW.
3. ONLY BOUNDARY SURVEY MAPS WITH THE SURVEYORS EMBOSSED SEAL ARE GENUINE TRUE, AND CORRECT \
COPIES OF THE SURVEYOR'S ORIGINAL WORK AND OPINION.
4. CERTIFICATIONS ON THIS BOUNDARY SURVEY MAP SIGNIFY THAT THE MAP WAS PREPARED IN ACCORDANCE
WITH THE CURRENT EXISTING CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE
ASSOCIATION OF PROFESSIONAL LAND SURVEYORS, INC. THE CERTIFICATION IS LIMITED TO THE PERSONS FOR
WHOM THE BOUNDARY SURVEY MAP IS PREPARED, TO THE TITLE COMPANY, TO THE GOVERNMENTAL AGENCY, DENNIS W. LAYTON
AND TO THE LENDING INSTITUTION LISTED ON THIS BOUNDARY SURVEY MAP. PROFESSIONAL LAND SURVEYOR
5. THE CERTIFICATIONS HEREIN ARE NOT TRANSFERABLE. OF NEW YORK LICENSE NO. 050920
6. THE LOCATION OF UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS ARE NOT ALWAYS KNOWN AND OFTEN
MUST BE ESTIMATED. IF ANY UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS EXIST OR ARE SHOWN, THE
IMPROVEMENTS OR ENCROACHMENTS ARE NOT COVERED BY THIS SURVEY. DENNIS W. LAYTON
Z THE OFFSET (OR DIMENSIONS) SHOWN HEREON FROM THE STRUCTURES TO THE PROPERTY LINES ARE FOR A r LAND SURVEYOR,P.C.
SPECIFIC PURPOSE AND USE AND THEREFORE ARE NOT INTENDED TO GUIDE THE ERECTION OF FENCES,
RETAINING WALLS, POOLS, PATIOS, PLANTING AREAS, ADDITIONS TO BUILDINGS, AND ANY OTHER TYPE OF A O 15 FROWEIN ROAD,SUITE E2
F DENNIS W.LAY ION
CONSTRUCTION. �'S+ oaoYto °..® CENTER MORICHES,NEW YORK 11934
8. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS INKED OR EMBOSSED SEAL SHALL NOT BE FOLA (631)400-4777
CONSIDERED TO BE A VALID COPY.
217125 D WLAYTON.COM
LUPTONS POINT ROAD
a 20' W10E PRIVATE ROAD
a
PAVEMENT EDGE
1r a u fr - 1 New
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CON
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PROJECT ; COVERED WOOD PORCH
� 1
LOCATION Deep I`e
I
' 1-112 PROPOSED 6'x 39'WOOD DECK
STORY FRAME PROPOSED 4'TALL POOL
Fp .cencet5t I DAELING 1 COMPLIANT FENCING
FFE.• 13.6'
GARAGE #J80
pa[k Pie I 16'
1 SEPTIC S 1
1 PROPOSED 1
ro 15x31'
WOOD DECK
LOCATION MAP
I
N.T.S.
73' PROPOSED POOL EQUIPMENT AND BACKWASH DRYWELL
15 PROPOSED 12'X 39'IN-GROUND SWIMMING POOL
PROPOSED 4'x 9' MAXIMUM EXPOSED POOL WALL HEIGHT SHALL BE 4'TALL
I STEPS TO GRADE I
1 PROPOSED 2'TALL LANDSCAPE PROPOSED INFINITY STYLE POOL WALL TO BE ELEVATED 4'ABOVE
RETAINING WALL GRADE ALONG EAST AND SOUTH SIDES AND ACT AS BARRIER
I PROPOSED NATIVE LANDSCAPE PLANTINGS
SPECIAL FLOOD ZONE UNE ' 1 TO BE MIN.3'PLANTING HEIGHT
1 BANK
\ M
\ HW
W� �a
1 — PREPARED BY: PROPERTY OWNER:
SCALED POSITION OF / a —
1 FEMA FLOOD ZONE AEJ 3 1 JEFFREY PATANJO JORGO & CHRISTINA CIKOLLA
P.O. BOX 582 380 LUPTONS POINT ROAD
BOHEMIA, NY 11716 MATTITUCK, NY 11952
1 1 631-487-5290
1 ZONE AE FLOANG 1 JJPATANJO@GMAIL.COM
DOCK I
NOTES:
1 1. LOT AREA: 21,550 S.F / 0.494 ACRES
DREDGED CANAL 1 / 2. PORTIONS OF PLAN FROM SURVEY PREPARED BY:
DENNIS W. LAYTON, LAND SURVEYOR, P.C.
15 FROWEIN ROAD, SUITE E2
�I CENTER MORICHES, N.Y. 11934
SURVEY DATED: JANUARY 5, 2025
ISCALED LOCATION OF THE LIMIT
i 12s�O'
OF MODERATE WAVE ACTION
\ SCALE:
Proposed Pool Permit Plan 1"=30'
\ PROPOSED PLAN AND DATE:5.5-25
LOCATION MAP
380 LUPTONS POINT ROAD
MATTITUCK, TOWN OF SOUTHOLD
SUFFOLK COUNTY, NY
TAX MAP NO. 1000-115-11-21 SHEET:
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