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HomeMy WebLinkAbout1000-81.-1-16.7 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: James Dinizio, Chair Town of Southold Zoning Board ~ ~ From: Mark Terry, Principal Planner Vo x,j LWRP Coordinator Date: March 28, 2007 Re: ZBA File Ref. No. 6010 (Zupa) SCTM#1000- 81-01-16.7 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of thc 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. I Policy 6 Protect and restore the quality and function of the Town of Southold 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. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed setback from the house to the northern buikhead/svetland boundary is 75 feet~ and the proposed setback from the house to the wetland boundary is 83 feet[ a minimum setbaclr distance of 100' is required pursuant to Chapter 275~ Section 275-3~ D. In addition~ pursuant to Article XXIII Section 280-116 of the Town of Southold Town Code a minimnm setback of 75 feet is required from a bulkhead. Note that the applicant does not show a pool de-watering drywell. To further Policy 5 "Protect and improve water quality and supply in the Town of Southold" please require that a drpvell be installed. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 768-1809 Fax (631) 765-9064 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 March 12, 2007 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Reft No. 6010 (Zupa) Dear Mark: We have received an application for a reversal of the Building Department's rejection of an application to construct a home at the Zupa premises at 580 Basin Road, Southold. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, JAMES DINIZIO, JR. Mary S. Zupa 580 Basin Road, Southold, NY SCTM # 1000-81-1-16,7 JAN ~ 9 ~007 Town of Soulhold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 supplemeut other information used by a Town of Southold agency in making a determination of consistency'. *Except minor exempt actions including Building Permit 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. A proposed action will be evaluated as to its significant 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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 follox~ing places: online at the Town of Southold's website (southoldtown.northfork.net), the t3oard of Trnstees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 81 1 16.7 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X Zoning Board of Appeals 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) (b) Financial assistance (c.g. grant, loan, subsidy) (c) Permit~ approvaL license~ certification: Nature and extellt of action: Construction of sin.qle family dwelling, i/~ Dool, on-site sewage disposal system and associated site improvements as shown on attached plan. All proposed activity >75' from wetland. Ma~ S. Zupa 580 Basin Road, Southold, NY SCTM # 1000-81-1-16.7 Location of action: 580 BASIN ROAD, SOUTHOLD Site acreage: 1.7 A Present land use: VACANT Present zoning classification: R-80 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: MARY S. ZUPA (b) Mailing address: 4565 PARADISE POINT ROAD~ SOUTHOLD~ NY 11971 (c) Telephone number: 631-765-6112 (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? NYSDEC~ SCHD DEVELOPED COAST 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 LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Development of this site is proposed in a manner consistent with the current standards and is consistent with the "pattern of development in the town". 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 Not Applicable The proposed pro/ect is not located near any historic sites or districts 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 Not Applicable Development of this site is proposed in a manner consistent with the neighborhood in which it is located. All proposed activity des{qned in accordance with requlations, laws and current standards. Mary S, Zupa 580 Basin Road, Southold, NY SCTM # 1000-81-1-16.7 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 Yes No Not Applicable Development of the site wifl be done in accordance with FEMA standards, NYSDEC regulations and Chapter 275 of the Town Code. 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 Ye~s No Not Applicable Development of the site will be done in accordance with FEMA standards, NYSDEC regulations, Chapter 275 of the Town Code and Article 5 and Article 7 of the Suffolk County Sanitary Code. 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 llI- Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Development of the site will be done in accordance with NYSDEC requlations and Chapter 275 of the Town Code. 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 It does not appear that Policy 7 is relevant to development of this site. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable As in all other residential development, it is expected that the occupant will comply with the expected treatment of residential solid waste, yard waste and recyclable material. I Mary S. Zupa 580 Basin Road, Southold, NY SCTM # 1000-81-1-16.7 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. Yes No Not Applicable Development of this site has no impact on public access to, and recreational use of, coastal waters, etc. WORKING 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 Not Applicable It does not appear that Policy 10 is relevant to proposed development of this residential lot. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pcconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable It does not appear that Poficy 11 is relevant to proposed development of this residential lot Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 111 - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 12 is relevant to proposed development of this residential lot 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 Not Applicable It does not appear that Policy 13 is relevant to proposed development of this residential lot Fee: ~ Office Notes: Filed By: L~. ~-t.C~O ~ For Office Use Only Date Assigned/Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ParcelLocation: HouseNo. 580 Street Basin Road Hamlet Southold R-80 SCTMl000Section 81 Block 1 Lot(s)_16.TLotSize 1.7a Zone District 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BU1LD1NG INSPECTOR DATED: December 22. 2006 Owner as Applicant: Mary S. Zupa Mailing Address: 4565 paradise Point Road, Southold, NY 11971 Telephone: 631 765 6112 Fax: 631 765 6119 Authorized Representative: Address: Telephone: Fax: Please specify who you s~ish correspondence to be mailed to, from the above listed names: [~Applicant/O~sner(s) [] Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 3_2/21/06 FOR: Vf~Buihling Permit 2] Certificate of Occupancy 0 Pre-Certificate of Occupancy ~3 Change of Use [ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance b) numbers. Do not quote the code. Article Section 100- Subsection Type of Appeal. An Appeal is made for: [3:.4. Variance to the Zoning Code or Zoning Map. E A Variance due to lack of access required by New York Town Law-Section 280-A. ~[ Interpretation of the Town Code, Article I Section 28 0 - 4 [~Reversal.r()therg~m~ D~-~cmt~q~: g./9/~,a ~mc~ 7BA #~Q]4 9/]5/06 A prior appeal i:khas k] has not been made with respect to this property UNDEI{ Appeal No. 5260?ear. 2_fk04_. Page 2 Owner: Mary S~. Zupa REASONS FOR APPEAL (addiflnnal sheets mav be used with applicant's signature): AREA VARIANCE REASONS: (1) Au undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: See Attachment (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 ( )No. SHEET: (Please be sore to consult your attorney.) See Attachment Sworn to bel~re me this ~ dayof Dec ,20 01~ . Notary Pubh~ 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 ( X IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE TIlE ATTACHED USE VARIANCE Signatu~/of~l~ant or Authorized Agent (Agent must s~t w~lten Authorization from Owner) CONSTANCE SZYMCZAK Notap/Public, State of New I~. 01SZ6125616 ATTACHMENT TO ZBA APPEAL APPLICATION DATED January 1 l, 2007 ZBA decision #5244 of August 2, 2004 grants an area variance to permit construction of a home, "on condition, however, that no building permit be issued until the nonconforming marina use is removed or a variance is granted to permit its continued use in conjunction with a residential use." The decision cites §280-121G for support. On September 15, 2006, however, the ZBA ruled that Section 280-121A prohibiting the rebuilding of non-conforming uses was not applicable, and that the Association could rebuild and relocate its docks. This moots the conditions of the 8/2/04 grant of a variance, i.e. removal of the docks, or a variance for a "marina use" of the 580 Basin Road property. In doing this, the ZBA decided that the Association docks did not constitute a non conforming "marina use" of the 580 Basin Road property, but a "non-conforming use of a non-commercial boat basin" owned and controlled by the Trustees." (On September 29. 2005, the NY Snpreme Court (Cohalan, J.) decided that the Basin was not owned by the Association but by the Trustees). The minutes of thc 7/17/06 hearing indicated that the Association docks should never have been called a "marina." In short, if the zoning code is not applicable, and specifically Section 280-121A, neither is 280-121G. The ZBA decision o1'9/15/06 has mooted the conditions lbr removal of the docks, or for a variance, xvhich were attached to the issuance of a building permit. However, to the extent a use variance is required, this application is an appeal for a variance. F. D. 28 NOTICE Property )'OX Service Agency SOUTHOLD 86'42' 1 S.C. TAX No. 1000-81 -01~"1B:7' scALE' 1 "=30'~ . JANuA y, ~ JANUA~ 29, 2002 ~ISE~ L°T ~ NOTATION FEBRUARY 14, 2002 ~SED D~AY ~ELS MAY 15, 2002 LOCATED W~S ~ ~D~ T~G~HI~L SURVEY JUNE 1, 2~2 AD~ S~ P~ AUGUST 5, 2002 R~ISED W~NDS LINE, SITE P~N ~ ADDED TEST HOE No. 2 LOT AREA INCLUDING THE BULKHEAD AREA AT TH[ NORTHWEST PORTION OF = 75,687.56 Iq, f THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TrE LINES) 1.758 ~c. LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF' = 72,747.5~ ~q. , TH[ LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE MNES) 1.670 ~. CHICAGO ~[r"' INSURANCE COMPANY MARY S. ZUPA ~2'05 , UTHOLD .4.1Y (TOWN HARBOR) .~, WETLAND BOUNDARY FOLLO~ N. NG 88'54'02" E THE FACE OF BUIJ(~D~ 134.02' ,\ I/ I/ / I / // , ,I///, N 82'07'2,9" 6:5.92 11£ .% Land SurveyOr 7~tle Sun~/~ -- Subdivisions -- Site Plans -- Const~ct~on Layout PHONE (~5'1)727-20~0 Fax (631)727-1727 1388 ~ '~IJE P.O. ~ex' le~1 'd / OA T BASIN 1. ELEVATIONS ARE R[FEREN(~£B TO N.G.V.D. 19~ EXISTING ELEVATIONS AR~E SHOWN THUS:-L0 EXISTING CONTOUR UN~S ARE SHOWN THUS1 2. FLOOD ZONE INFORMAlqON TAEEN FROM: FLOOD INSURANCE RATE MAP No. 3610$CO167 ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ZONE X*: ZONE X: AREAS OF 500-YF.~ FLOOD: AREAS OF 100,',-¥F,.~R FLOOD wm..t AVERAGE DEPTH OF LESS TH~,N I FOOT OR WITH I~IN[~4~ ~ LES'S THAN 1 SQUARE MILE; AND AR~ PROTECTED BY LEVEES FROM 100-YEAR FLOOD. AREAS DETERMfNED TO BE OUTSIDE 500-'fF, AR ~LNN.