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Home My WebLink About1000-43.-3-2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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 MEMORANDUM To: James Dinizio, Jr., Chair Southold Town Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: June 22, 2007 Re: ZBA File Ref. No. 6051 (Brewers Yacht Yard) 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 ~vell 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 Southold 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 distance to the proposed open air pavilion from the bulkhead/Trustee boundary is 15 feet; the distance to the proposed open air pavilion from the wetland line is 60 feet; minimum setback distance of 100 feet is required pursuant to Chapter 275-3. Findings; purpose; iurisdiction; setbacks. In addition~ a minimum setback distance of 75 feet is required pursuant to Chapter § 280-116 B. All buildings or structures located on lots upon which a bulkhead~ concrete wall~ riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead Please require that the applicant amend the application to meet the above policy to the ~reatest extent possible. 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) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6051 (Brewers Yacht Yard) Dear Mark: We have received an application for an accessory pavilion at premises on Sterling Creek in Greenport and shown on the enclosed site map. 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 D1NIZIO, JR. ,Il ALPHA III coNsum.G SITE PHOTO Looking EAST Looking WEST PO BOX 447 . GREENPORT, NY 11944 . (631) 477-0444 , FAX (631) 477-3933 ALPHA IlI co.suLT,.G SiTE PHOTO WITH STAKLNG Brewer Project 500 Beach Road~ Greenport, NY Looking NORTH Looking SOUTH PO BOX 447 - GREENPORT, NY 11944 . (631) 477-0444 - FAX (631) 477-3933 NOTICE ~ COUNTY OF SUFFOLK (~) J ~J o,~.~4,,4,,~.~/~'"" 0~ SOUTHOLD ......................I~'~'~..~%,.~Real Property Tox Service A~cy J Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for penmts* 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. *£xce£t minor e:{empt actions including Building Permits and other ministerial permits not located within the ('oastal Erosion tt;~zard Area. Before answering the questions in Section C, the preparer of this fozm should review tile exempt minor action list, policies and esplanatious of each policy contained in the Town of Southold Local Waterfi-ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (wtfich includes all ofSouthold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievmnent 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 camlot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in tile fbllowing places: online at the. T~own.of~Southold% webgite (southoldtown.northfork.net), the Board of T~n~stees Office. the Plmufing Department. all local libraries and the Town Clerk's office .... - ~ ' DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 2 The Application has been submitted to (check appropriate response): TownBoard ~] PlanningBoard[-~ BuihlingDept. [-~ BoardofTrustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action m~dertaken directly by Town agency (e.g. capital construction, plamfing activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (e~-- ]>emnt, h]Jproval; license, ~ertitisatiofii Nature and extent of action: (a) Name of aPplicant: (b) Mailing address: Location of action:____ ,..5-~)0 /~_2,r' .~or;/_ 0 /~/'-~ 0~~//fir/t/ Site acreage: /~. / ~ ~/~ ~ Present t~d ase: ~~CL~~/~ Present zoning classification: ~ ~ If ~ application for the proposed action has been flied with tflc Town of Southold agency, the following info~ation shall be provided: (c) Telephone number: Area Code ( )~___/7/,,7/~- ~) ~..//(~ (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.'? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Sonthold that enhances coinmunity character, preserves open space, makes efficient nsc of infrastructure, makes beneficial nsc Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [--]Yes ~] No [] Not Applicable Attach additional sheets if necessary ' Policy 2; Protect-and presek,6 hislo~ie and archfik0ro~i~MT6~ou?ces 6f th~ T0;,vii of S%ht~fd..3ee LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] ,pp,ica le Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes ~] No [~] Not Applicable Atlach additional sheets if 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 [~ Yes [~ No [q~7] Not Applicable ARach 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 evahlation criteria ~1 Yes [~ No /~Not Applicable Altach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including .S~ignific~a.nt Coastal Fish and Wildlife Habitats and wetlands. See LWRP Sectiou III - I;olicies; Pages 22 through 32 for evaluatif;n criieri~i [] Yes ~] NO ~/~ Nof AppliCable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section II! - Policies Pages 32 throngh 34 for evaluation criteria. Yes [~ No [] Not Applicable Attach additional sheets if necessary Policy 8. Minimize enviromnental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~] yes [-q No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Tovvu of Southold. See L~,VRP Section III - Policies; Pages 38 throngh 46 for evaluation criteria. Yes [~ No [~ Not Applicable Attach additional shee~s ifneccssmy WORKING COAST POLICIES Policy 10. Protect Southold's water-dependeut uses and promote siting of new water-dependent uses in suitable Iocatious. See LWRP Section III Policies; Pages 47 through 56 for evaluation criteria. [] Y~S ~ N6 [] Not Applicabl~ Altach additional sheets if necessary Policy 11. Promote sustaiuable use of living marine resources in Long Island Sound, the Peconic l~stuary and Town waters. See LWRP Section III- Policies; Pages 57 through 62 for evaluation criteria. ~] Yes [~ ~No [-~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section Ill - Policies; Pages 62 throngh 65 for evaluation criteria. [] Yes [] lNo [-~ Not Applicable Aitach 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. [] Yes [~] No [~ Not Applicable Created on 5/25/05 11.'20 AM TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD N.Y. NOTICE OF DISAPPROVAL Date: May 7, 2007 To: Ted AngeI1 for Brewers Yacht Yard PO Box 447 Greenport, NY 11944 Please take notice that your application dated April 9, 2007 For permit for an accessory pavilion at Location of property 500 Beach Road, Greenport, NY County Tax Map No. 1000- Section 43 Block 3 Lot 2 Is returned herewith and disapproved on the following grounds: The proposed open air pavilion is not permitted pursuant to Article XXII Section 280- 116B which states: "All buildings or structures located on lots upon which a bulkhead.., exists & which are adjacent to tidal water bodies other than sounds shall be set back not less than 75' of the bulkhead." The existing survey indicates the construction is approx. 13' to the bulkhead. Authorized Signature Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 4, 2007 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6050 (Melnick) Dear Mark: We have received an application for additions and alterations at premises on Jockey Creek in Southold and shown on the enclosed site map. This application was previously addressed by you in December of 2006, copy enclosed; however, the applicant has altered the foundation thereby exceeding the scope of their building permit/variance, incurred a stop work order and, accordingly, submitted a new variance application. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, J~E~IO, JR PLANNING BOARD MEMBERS ,~/~,~4'( ',. , JERILYN B. WOODHOUSE ~_ U/ Chair t..'~.~-O'i KENNETH L. EDWARDS MARTIN II. SIDOR GEORGE D. SOLOMON JOSEPII 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 (enr. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Ruth D. Oliva, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: December 19, 2006 Re: ZBA File #59777 (Melnick) SCTM#1000-70-6-15 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 denoted following Policy Standards and therefore Is INCONSISTENT with the LWRP. L Policy 6 Protect and restore the quality and funettan of the Town of Southold eensystem. I 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM 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 forlh in Trustee permit conditions. The oronnsed distance from the one story addition to the marine wetland boundgry is 58 feetl a minim~ setback distance of 100 feet is reaulred uursuant to Chanter ~ 27~3. F!ndlno*? nurDo~: iulqatli,~tlnn: setbaeks. Please reaaire that the aDn]icant ampad the aon!~c~on to meet the above policy to the ereate~t extent ~ossible. Ce: Kieran Corcoran, Assistant Town Attorney RD. 39,5 NOTICE ~ COUNTY OF SUFFOLK (~) .....£NANC£'ALT["A]~'N'~ALE 0" ~ff~a~,~'~ Real Property Tox Service Agency S~FOLKDISIR~UT~N ~ ~ ~T~N OF T~COUNTY T~X ~Ap iS pR~TED ~j~ C~ty Center Riv~N Y 1]~01 HASPEL ARCHITECT 59945 MAFN ROAD SOUTHOLD, NY 1.1971 PHONE: (631) 765-2075 FAX: (631) 765-5715 CELL (516) 398-8753 Southold Town Zoning Board of Appeals Southold Town Building Department Town Hall 53095 Route 25 PO Box 1179 Southold, N.Y. 11971 Applicant/property owner: Mark Melnick SCTM# 1000-70-6-15 405 Pvt Road No. 3 Southold, NY 11971 Re: Rejection of "As-Built" Drawings for above referenced property To Whom It May Concern, As the architect for this project I was asked to provide "As-Built" drawings after the framing was completed. Upon completion and submission of the drawings to the Building Department a rejection was received because "the construction as documented in the "As- Built" drawings deviated fi.om the ZBA approval for the foundation". I offer the following points of information for consideration: The foundation as built does not differ in size or location fi.om the approved plans. There already existed a crawl space under the northern section of the house. This crawl space was shown on the original approved submission. This crawl space varied in height and had an earthen floor. My use of the word "excavate" on the as-built" drawings was not accurate. The ground in the existing crawl space was leveled in order to install a vapor barrier and concrete rat slab which would comply with code requirements. When the contractor started to excavate for the approved foundation elements he discovered and notified me that there was no concrete footing under the existing concrete masonry foundation walls. In addition the existing CMU walls had numerous cracks. I recommended that a new concrete footing be in installed under the CMU that was in good shape (the north wall) and that the CMU wall be replaced "in kind" (approximately 20 feet on the east and west wall) where it was deficient with a new footing. This is a standard procedure when unknown conditions of this type are uncovered that do not meet the code requirements for structure. It would have been unprofessional of me to allow the contractor to continue to build on a substandard foundation. As the owner secured the approvals fi.om the Town agencies I had not received a copy of the ZBA wording on deviations for this application. At the time I did not think that what happened in the field was of much import other than to secure a safe and structurally, sound foundation. ~ira Haspe~-~chitect P.C. uestions that I can help answer. FORM NO. 3 NOTICE OF DISAPPROVAL TOWN OF SOUTHOLD Date: May 18, 2007 TO: Ira Haspel for Mark Melnick 126 E. Main St. Bayshore, NY 11706 Please take notice that your permit dated February 15, 2007 For the "as built" alteration to a single family dwelling (Ref. Pmt. 32697Z) at Location of Property: 405 Private Road #3, Southold County Tax Map No. 1000- Section 70 Block 6 Lot 15 Is returned herewith and disapproved on the following grounds: The demolition & reconstruction of the existing foundation deviated from ZBA decision #5977. Authorized Signature LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 28, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JUNE 28, 2007: 9:30 a.m. MARK MELNICK #6050. Request for Reversal of Building Department determination which states that the "as built alteration to dwellinR includes demolition and reconstruction of the existing foundation deviated from ZBA decision #5977." ZBA #5955 granted applicant's prior request concerning setbacks related to the proposed increase of ceiling height from 18' to 32' and change from the existing height of 1.5 stories to two stories under Zoning Code Sections 280-116 and 280-124. Also requested if a reversal is not granted, is a variance amendment for reconstruction of the dwelling with setbacks at less than 75 feet from the bulkhead, less than 35 ft. front yard setback, and less than 35 ft. rear yard setback (ref. Building Inspector's August 25, 2006 Notice of Disapproval, amended September 28, 2006). Location of Property: 405 Private Road #3 (a/Wa Pine Creek Road), Southold; CTM 70-6-15. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny. us. Dated: June 4, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 / ~", ,' ~8'ICRVEY OF AT GREENPORT, SUFFOLK S.C. '~,AX YARD INC. SITUATED AT GREENPORT TOWN OF SOUTHOLD COUNTY, NEW YORK No. 1000-43-03-02 1001-03-01 -03 1001-03-06-01 SC,ALI: 1"=40' ,AUG. 9, 1991 SEPT. 25, 1991 (REVISED TIDAL MARK ELEVATIONS) FEB. 19, 1995 (FOUNDATION LOCATIONS) DEC. 18, 1995 (FINAL SURVEY) JUNE 10, 1994 (ADDED SEPTIC SYS. DETAILS) AUGUST 25, 1996 (ADDED PROPOSED METAL BUILDING) NOVEMBER 4, 1997 (METAL STORAGE BUILD~NG FINAL TOTAL AREA = 528,597.21 sq. ft. 12.1305 acres AREA TO TIE LINE & BULKHEAD = 554,618.96 sq. fl, 7.6618 acres ELEVATIONS AND CONTOUR LINES ARE REFERENCED TO N.G.V.D. ELEVATIONS SHOWN FOR HHW, MHW, AND MEW WERE OBTAINED FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (N.O.A.A.) 1960-78 EPIC. SEPTIC SYSTEM DETAILS PROVIDED BY OTHERS B.O.H. REF. No. C10-92-016 Joseph A. Ingegno Land Surveyor Title Surveys -- Subdivisions -- PHONE (516)727-2090 OffiCES LOCATED AT One Union Square Aquebogue, New York 11931 Site Plans -- Construction Layout Fax (516)722-5093 MAILING ADDRESS P.O, 8ox 1931 RJverhead, New York 11901 05'13'27 BLUESTONE PAVEMENT BLUESTONE PAVEMENT BLUESTONE PAVEMENT / / N - BLUESTONE PAVEMENT 12'$0'05" £ I I / / / / / / / t ROAD BL ,JESTONE P¢,VEMENT BLUESTONE PAVEMENT 481.84' /' 65 7. 92' g Z 47.58' N 12.$0,03,' 14.05' 799.60, ~JLKHEAD 91-1g3G