The URL can be used to link to this page

Home My WebLink About1000-98.-5-14.3PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs-Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Ruth Oliva, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: August 2, 2006 REVISED ge~ Proposed Wetland Permit George and Sandra Engelke SCTM#1000-98-5-14.3 Samuels & Steelman Architects on behalf of GEORGE & SANDRA ENGELKE request a Wetland Permit to remove an existing residence, cottage and garage. Construct new residence, pool, terraces and sanitary system, and renovate the existing house into a beach house. Located: 5704 Indian Neck Lane, Peconic. SCTM#98-5-14.3 The proposed action has been reviewed to Chapter 95, 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 denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the $outhold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed setback from pool to the top of bluff is 13 feet~ a mintraum separation distance of 50 feet is required pursuant to Chapter 97 and a minimum setback of 75 feet is required by Artich. XXHI Section 100-239B. The proposed setback from the proposed house is 69.6 feet from the bulkhead~ a minim ..... separation distance of 100 feet is required pursuant to Chapter 97 and a minimum setback of 75 feet is required by Article XXIII Section 100-239B. please require that the applicant amend the application to meet the above policy. Pursuant to Chapter 95, thee ~oard of:rce~ees shall consider this recommendation in preparing its written determination regarding thc consistency of thc proposed action. APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-11109 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 July 2q~ 2006 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 5895 (Engelke) Dear Mark: We have received a revised application for additions to a home within 75 feet of Little Peconic Bay, and shown on the enclosed site map. This application was originally sent to your attention on June 6, 2006. An area map is also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, RUTH D. OLIVA S A M U E L S & S T E E L M A N July 21, 2006 Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 JUL 2 4 2006 Re: Engelke Residence 5704 Indian Neck Lane Peconic, New York SCTM # 1000-98-5-14.3 ZBA File #5895 Dear Board Members, The following is being resubmitted for your review as per your "Reply Form" sent to our office on July 20, 2006: Seven (7) sets of the following information, as requested: 1. Cover Letter 2. New updated Application with Notice of Disapproval amended dates & reason for Variance 3. Copy of Project Description as originally submitted on June 19, 2006 4. Copy of Area Variance Reason for Beach House originally submitted April 19, 2006 5. Area Variance Reasons for House and Pool based on the amended Notice of Disapproval dated June 5, 2006 If we can provide any additional information, please do not hesitate to call immediately. Sincerel~ ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEWYORK 11935 (631) 734-6405 FAX (631) 734-6407 0?/20/2006 1S~20 6317659064 ZBA PAGE APPLICATION TO THE SOUTHOLD TOWN ZONING BOARD Olr APPEALS Parcel Location: House No. Hamlet~ SCTM 1000 Section 98 Block_Q_SLot(s) 14.3 Lot Size 2.99Ac Zone Distric( R-80 I(WE)APPEALTHEWRITTEN DETERMINATION OF THEBUILDINGINSpECTOR DATED: 3/20Z06 ~rBuildinqs & Pool setbacks amefided: 4/13/06 & June 5, 2006 Applieaut/Owner(s): Georqe & S~ndr~.....En~elke Mailing Address: 83 Chelsea Rd. Garden City, NY 11530 02 Telephone: 516-741-2864 Fax: I~OTE: If applicant if not the owner, state below If ~ppllean{ is 0wn~r'~ attorney, silent, architect, builder, contract v~n{lee, etc. AnthorlzedRepresentative: Nancy' Steelman ( Satnuels & Steelman Architects) Address: 25235 Main Rd. Cutchoque, NY 11935 Telephone: 734-6405 . Fax: 734-6407 Please specify who you wish correspondence to be mailed t% from the above listed names: []ApplicantJOwncr(s) {~ Authorized Representative 0Other: 3/16/06 WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: tit Building Permit ~ Certificate of OcCupancy {3 Pre-Certificate of Occupancy {3 Change of Use E] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do ,or quote the code Article III Secti0nl00- 33 Subsection B4 and XXtII Section' 100-239.4B Type of AppeaL An Appeal Is made for: []CA Variance to the Zoning Code or ZOning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A, [3 Interpretation of the'Town Code, Article Section [] Reversal or Other A prior appeal [] has I~ha~ not been made with respect to this property UNDER Appeal No. Year__ (for current and all prior owners ). Applicant: APPLICANT'S PROJECT DESCRIPTION JUL ~ 4 2006 (For ZB^ Reterence) I. ForDemolitionofExistingBuildingAreas Ple~edescr~eareasbeingremoved: Partial removal of an existina residence 1717 S.F. to be removed. Partial removal of ~×J~lnU deck~ - 495 S.F. to be removed, II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor:__ Va r i e s Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): _ _H~use 29 ' 8" Beach l-Iouse 15 ' 7" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 8" III. Proposed Alterations or Interior Structural Changes without enlargement/extension (atlach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations:One sto~v wood house - (2162 S.F.) wi~h wood decks (775.8.F.) frame NumberofFloorsandCh~esWITHAlterations: Partial demolition of existinq house - Alterations to the existin~ house to include the following~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your -mno'~y: 3491 S.F. Proposed increase of building coverage: 1 q%0 ' S.F. which includes Square footage of your lot: 130,414 S.F. Pementage of coverage of your lot by building area: 3.72% house & pool V. Puroose of New Construction Requested: _ single Family Residencet pool and beach house, ~.Pleasedescribe~el~dcontours(fl~,slope%.~)asexistandhowitrda~stothe diffi~ltvinm~tin£thecoderequirement(s): Fiat up to Bluff line. Bluff drops 8' to bulkhead. Land coritours has no effect on the-- placement of proposed house or Beach House. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing b. uilding area to be altered (area of requested changes). Previously submitted) 7/2002; 2/2005; 1/2006 S A M U E L S & S T E E L M A N Continued from Project Description Two new wall~ with new foundations wall New Windows & Doors New Roof structure New Screen Panels New Decking New outdoor shower & enclosure Two existing walls & floor structure and footings to remain ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEWYORK 11935 (631) 734-6405 FAX (631) 73~-6407 REASONS FOR APPEAL (additional sheets map be used with applicant's signature): AREA VARIANCE REASONS: ( S E E ATTACHED ) (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties ff granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or j~')No. Does this variance involve as-built construction or activity? ( ) Yes, or (,X.) No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING RIp, QUESTED,/4~VD PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be su_re)6 consult youf)/ttorney.) S~g~n a t ~ r e ~/TApl~a n ~' ~gent must ~mit written Authorization from Owner) Sworn t~fo~e, me this d'~0~, 20 ~ Nota~ Public PATRICIA RICHARDS Hotary Public, State of New York bio. 01 Ri6042467 Guslifled in Suffolk County Expires May 30, 29( CommiSsion ~.~ JUL 2 4 2006 ENGELKE HOUSE & POOL Area Variance Reasons July 20, 2006 JUL ~ 4 200~ 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The variance will not create an undesirable change in the character of the neighborhood because the proposed House and Pool will not encroach any closer to the bulkhead than where the existing house has been for 40 years or where the existing houses on each side of the property are located. The current house is 27'-6" from the bulkhead. The proposed house~~i-[h~ bulkhead with a total of 130'-6" from mean high water. The proposed p~~ from bulkhead with a total of 108'-6" from mean high water. The house to the west of the Engelke properties is 41'~10" to the existing seawall and to the east the existing house is 29'-3" from the existing bulkhead. 2. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other that an area variance, because: The location of the existing bulkhead is 61 feet from mean high water and therefore pushes all of the structures further into the site than the surrounding area .If the bulkhead had been constructed further seaward, the House and the Pool would comply. 3. The amount of relief requested is not substantial because: A substantial portion of the existing house is being removed and the remaining portion is to be converted to an accessory Beach House. The new House and Pool is being constructed landward of an existing building and according to the Town of Southold Zoning Code, Article XXIII Section 100-239.4B requires all building to be set back not less 75' from an existing bulkhead. But within that section it also allows for exceptions. Section 100-239,4B(1) states the following exception: Buildings which are proposed landward of existing buildings. The amount relief requested is not substantial because the Zoning Code is allowing the proposed locations of the new House and the Pool. 4. The variance will NOT have an adverse effect or impact on the physical environmental conditions in the neighborhood or district because: The House will be 130'-6" from the mean high tide line. An approved sanitary system and subsurface drywells to retain all rain water runoff will be installed and the existing substandard systems will be removed. The pool will have a separate drywell for pool water back wash. The proposed House, Pool and Beach House renovations have been approved by the Town of Southold Trustees, Suffolk County Health Department and an Non Jurisdiction Letter has been received from the NY State Department of Environmental Conservation. ENGELKE BEACH HOUSE Area Variance Reasons Originally Submitted April 19, 2006 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing house (2162 sf) and deck areas (775sf) were constructed in the late 60's and added to many times over the last 40 years. The existing house currently is 27.5 ft from the existing bulkhead wall at it's closest corner and 1.25 ft from the side property line. The existing house was built prior to the current zoning code. A variance is being requested because a substantial portion of the existing house is being removed and converted into an accessory Beach House. Because of this "change in use" the proposed Beach House will encroach on the required side yard for accessory structures and waterfront setbacks. The variance will not create an undesirable change in the character of the neighborhood because the proposed Beach House and Deck will not encroach any closer to the bulkhead or the side yard than where the existing house has been for 40 years. 2. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other that an area variance, because: The location of the existing bulkhead is 61 feet from mean high water and therefore pushes all of the structures further into the site than the surrounding area. The proposed Beach House is 91 ft from min high water. If the bulkhead had been constructed further seaward, the Beach House would comply. Reusing the existing structure creates difficultly because of it's existing location and the layout of the existing house. All of the main living areas are on the water and east side of the existing house and to save another portion of the house would require substantial renovations. 3. The amount of relief requested is not substantial because: A substantial portion of the existing house is being removed and the remaining portion is to be converted to an accessory Beach House with a screen porch and deck, recreation room, bath with outdoor shower. A new residence is being constructed landward of the proposed accessory building. The existing house with be reduced to 445 sffmm 2162 sf and the deck area will be reduced to 280 sf from 775sf. The amount of relief requested is less that what the current house occupies. 4. The variance will NOT have an adverse effect or impact on the physical environmental conditions in the neighborhood or district because: The proposed Beach House will maintain the existing general location of the house along the side yard and waterfront but will be substantially reduced in size. The Beach House wile be 91' from the mean high tide line. An approved sanitary system and subsurface drywells to retain all rain water runoff will be installed and the existing substandard systems will be removed. There will not be any adverse effect on the environment because the proposed Beach House utilizes the existing structure and does not encroach any closer to Hog Neck Bay. JUL ~ 4 AN~ ~AS, LINE5 FROM SITE DATA SCTM # 1000-98-05-14.3 lINE UN~L=~ INPlAN INDIAN NECK LANE ~EPARA'rE 'I'R~N~HE5 1. ____, :./_~ U'rlLIlh' POLE / I J J I FROM PU~LIG ~l~ HAIN ~l~lN~ u~u~ J ~ I m~ I11DIAN / A ¥~ ui[ [I I I~ ~N~ ~ ~m~ ~N ~m~ .. · I ~1 ' ~ ~N~HES TiED INTO ~ I ~[ AT INDIAN ~ LA~ PROPERTY: 5704 Indian Neck Lane ~.*:': ADRESS Peconic, NY. OWNER: SANDRA AND GEORGE ENGELKE 83 CHELSEA ROAD -':y GARDEN CITY, NY. 11530 '~ ' ~ SITE: 130,414.28 SQ. FT. = 2.9939 ACRES ....... ".:. !XISTIN~ ~D~ ZONING: R-80 ~ \\\ -;.: . 1230 TRAVELER STREET SOUTHOLD, NY. 11971 .~... ,.. LICENSE # 49618 j DATED March 11, 2005 PROPOOED NEW SEPTIC, 5¥5TE;I,,I FOR 5 t~EDROOH'-~ NEW RESIDENC, E AND E~EAC, H 5HE[~, 15oo ~AL_ 5EPTIC, X ~[ITH (2)E:' DIA x ~ HIgH Lt~AOHIN~ POOL5 (LP) ~IlTH FUTOR]~ LOCATION FOR (I)~' ~IAME~ x ¢' ";' TM ~'.~' ' '~ ~ ~ ~1~5 rO ~1~ . · " ' ." '. ~ TANK ~. ~, 5~ITGHIN~ ~H HAiN ELE~IG , ,:.., ...~., ../~ , /~A~E TO NIO/F NE~EvAN &TREUREN~LLIAM ' ".'~ ' ~MO~ '!}':- ..'.:....~ ~ ~ -~ ~ , N 67'48'~" E ~'.,...,.....'q~Y :.:~ / -', LOCATION MAP PP-.OJ~CT ~IT~ WITH A 4" "" ; ,; / DIAHII~TER PrPE """ ,~ ~ -- UTILI~ PoL~ BY MARK McDONALD e~ To mm~ ~ ~ ~ q ~0~ SOUTHOLD, -[ :.:/.:.:.,;.:, x TESTHOLE OEOSCIENCE *1..= +~= ' ~- TEST U~g~LC NEW YORK11971 ~=~" ~ ' ~ : ~ ::::: ~ ~ ~ HOLE DATA (1/27106) RO~ ~1.~ ~A~TA~ ~ ~;~-~'-~ ~ 1.0 FT. DARK BROWN LOAM OL ,u~.~ ....... ; ~" ~ ~ITHA4 DIA~EPI~ 4.0Pl. BROWN SIL~ SAND SM ~ OU~O0~ I rau~ g~gwil~ mille J J ' ' ' / PARTIAl I Y ~m J PALE BROWN FIN~ / ~o~ POOL ~ ~ / ~ J TO MEDIU~-S~N~-SP I HleHGHAIN ~.: +J~.e5 : I . ~L 17 FT. . ...... UNK PENt= ~ ' I /~ I'-D" EXISTING NO WATER ENCOUNTERED EXISTINe ~s I1~ ~ l~ ~ ~. ~ ~ ',Ill ~ ~ ~VA~ ~x~s~ ~- ~ ii~ m~AL~s ~,, ~U~ ~M SEtH ~US~ ~ ~rllNe ~ t . I~IE+I~D~, /I IClE +l&21' /I It _ +__,J , IBOTOF POOL ~Z5 FT. J SEPTIC PROFILE RESIDENCE ! NLARG D PARTIAL SITE SCALE: 1" = 20'-0" ' ' '"~ ~l ~O/~ POOL PJELOGATION A~ PER 'FRUSTEEO REV. ~/20/0~ NOTE~ RE: E~EACH HOUSE ~lZ. =,,,. ..,~ PROJECT NO: 0513 IDRAWN BY: UT ICHECKED BY: NS ~SCALE: I - 20'~" ISHEET TITLE: SITE PLAN ISHEET .O1 .INE~ ,INE~ II 4/20 PO01' RAIl II ((~'1 II II J-IVIN~ AREA iqoom iq. 2 ~2" TYPIGAL AC.. AC, lb' FIRST FLOOR PLAN SCALE: 1/4" = 1' -0" J J" J J" LLI ILl ILl PROJECT NO: 0513 DRAWN BY: TCS )ATE: X ~,CALE: 114"=1'-0" SHEET TITLE: FIRST FLOOR PLAN SHEET NO: 3 MATCH LINE I MA'T6H LIN~ ~EE PA.~E .5 I I J I 6UEST ,'=l~ _ _SECOND FLO__OR PLAN SCALE: t/4" = 1' -0" u.l PROJECTNO: 0513 DRAWN BY: TCS DATE: SCALE: 114" = 1' - 0" HEET TITLE: SECOND FLOOR PLAN 4 .INE I r -t- ~ I Iii ,~ ~ · CL SECOND FLOOR PLAN HAT~.H LINE MATGH LINE .GEE PA~E 04 MATCH LIN~ SCALE: 1/4" = 1' -0" FIRST FLOOR PLAN SCALE: t/4" = 1' -0" MAT.._C,H LINE E:,EE PA~E O& LINE PA~E 02 HATCH LINE 24' 12' W-II" L ROOF PLAN SCALE: 114" = 1' -0" FO_QUNDATION PLAN SCALE: 1/4" = 1' -O" 41 Z PROJECT NO: 0513 BY: TCS 114'" = 1' - 0" HEET TITLE: GARAGE FLOOR PLANS 6 ~L.AB ~'11JcT, C~D PINl~"l A,L.UI,tl NLmpI ® ® HAR,~J~IAIP~. ~ 1 ~ T I:~TAI/ (~,/~.O) "HAI~X31,~HINK~CE" PAh~- ~I~IN~ ON ~ BUIL.~IN~ t~A~fl~, 1~ IX,g I/4." (cT, UT) GAE. IN~ ~u~ E;~JPGAP Jfll"~ffi~ I~=6)UIF VINYL ¢,L.AD I:~L. HUN~ I~11,C~;~11~IITH t,,IU! ! "~N~ UNIT ~ I~ ~,/4 X ~," SOUTH ELEVATION SCALE: 1/4" = t' 4)" "HARDI~HIN~LE' PANEL. ~,IDIN~ I ~ E~JIL~IN~ e ~ PLyY, IOOD IX.2 I/4" GI~,~ .~HIN~4..~ I~:~:~llq~ ON PIOOD' LATH ON ~ ~ RAFTEI~, ~t,~-1/2' 1'0 J",IEAl14E~ ('1"r'P) -- IX~ f=RIP~= IX~ ~ -- iff/IX2 I/4." (C, UI") [® e.'i'RL~llJRAL FI~I~R~ ~,'I'~Am-E~. AT TOP AN~ BOTTOM. r d.t. HARDPIAR.E. .~4u ~ ~=~,~ TO BE PAIbrr'ED ~ -- BL.C~. PELT ON CI Ir. ATHIN~ ON PILOT PLOOR NORTH ELEVATION SCALE: 114" = 1' 4)" =ROJECT NO: 0513 )RAWN BY: TCS 114" = 1'4)" SHEET TITLE: NORTH & SOUTH 7 WEST ELEVATION SCALE: 1/4" = 1' 4)" I~/ IX2 I/4" (C~r~) I~IH~O~ ' Ix 11~1H FR~HE 1filTH .~HIN~L3~ ,~IDII~ · 4.1~4 ~OTrOM OF P,~IA '1~ OUT ~ L J EAST ELEVATION SCALE: ~ ~ ~ 4)T ~ G~NEGTION~.('rY~.) AND I. IJ I. IJ PROJECT NO: 0513 3RAWN BY: TCS DATE: SCALE: 1/4"=1'~" SHEET TITLE: I EAST & I WEST ! ELEVATION~I 8 REMOVE PIINDOI~ AND YqALL .~ ~ ~JC.T. ~!JPP'ORT E×I~T. HALL N~I~I DOOR~ SOUTH ELEVATION SCALE: 114" = t' -0" REMOVE EXIST. HIP ROOF NEI~I FDN I~ALL I J NORTH ELEVATION SCALE: 1/4" = 1' ~" NEW ~AE~LE EXI.~TIN¢ POUN~ATION HIP EAST ELEVATION SCALE: 114" = t' -0" [_L __ NEY, I FDN I, flALL _ ~ ROOF CABLE ROOF EXISTIN¢ FOUNDATION AT 5C, REEN PORCH ~ WEST ELEVATION .NE~I P~4-L ~IITH POOR, ~. P~IN~O~ IST. EXlCTIN¢ =-,TRUC, TURE EXICT. ~INDOY~ AND LOPtER .~ teJJC, T. E~PPORT ~.,~E~=E~VlDE NEW EXI.~TIN~ ~EC, F-. TO I~ I~'HOVED I..~,T. OUTDO0~ Af~JEA OF REMOVED EXI~TIN~ ~EC..I~ TO t~E REHOVP.~ AREA OF= EXISTIN~ HOUSE TO BE 'REMOVED FLOOR PLAIN SCALE: 1/4" = 1" -0" P-4EOf~EATI ON ~OOM NEI~ E~ATH &'H ~/. (~/20/0~ NOTE.~ LU O rn 0513 NS 3ATE: APRIL 18, 2006 SCALE: 114" = 1" - 0" SHEET TITLE: FLOOR PLAN & ELEVATIONS SHEET NO: SCALE: 114" = t' .0" ZBA