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Home My WebLink About1000-50.-1-6 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY I 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 ro~ James Dinizio, Jr., Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner ~ - LWRPCoordinator ~ ~'-- [,~ Q¢) Date: June 25, 2007 Re: ZBA file Ref. No. 6048 (Ragusa) 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. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance from the proposed garage to the top of bluff line is 64 feet; a minimum separation distance of 100 feet is required pursuant to Chapter § 275-3. Findings; purpose; iurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy. The proposed additions to the landward side of the existing house are exempt minor actions and not subiect to review under the LWRP~ pursuant to Chapter 268~ Minor Actions; BB. Additions to the landward side of an existing dwelling constituting less than 25% of the original structure, except in a Coastal Erosion Hazard Area; [Added 6-6-2006 by L.L. No. 7-2006] Pursuant to Chapter 268, the Southold Town 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. 6048 (Ragusa) Dear Mark: June 4, We have received an application for additions and alterations at premises on Long Island Sound in Southold 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. By~ ~ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 10, 2007 TO: Patricia Moore (Ragusa) 51020 Main Road Southold, NY 11971 Please take notice that your application dated April 6, 2007 For permit for additions and alterations to an existing single family dwelling at Location of property: 1600 Hyatt Road, Southold, NY County Tax Map No. 1000 - Section 5._Q Blockl Lot_6 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations on this conforming 1.25 acre parcel in the R-40 District is not permitted pursuant to Article XXII Section 280-116 A (1), which states; "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer th~n 100. l[eet the top of such bluff or bank." ~':~. ................ The proposed additions and alterations are noted as being +/- 17 feet fr~f Note to Applicant: Any change~viation to the above referenced application, may require fu~her review by the Southold Town Building Department. CC: file, Z.B.A. NOTICE COUNTY OF SUFFOLK-- . Re~ Properly fox Iervice gency soUND LINE L~ COUNTY OF SUFFOLK I~nl Prnn~rfv Thy C~r~lica Town of So_____uthold LWRP CONSISTENCY ASSESSMENT FORM 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 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. 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 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 SCT.Mg. 1000- 50-1-6 (received Consistency Review for Truste proximity to Long Island Sound previously deemed ,nconsisteat an~ T~ees implemen~ted_ ~..:~'~ conditions to make project more consistent AGENT Patmc~a C. Moore Esq. 51020 Main Road, Southold NY 11¢~71{ The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals ~i~_ 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 (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: __ Town of Southold LWRP nsistency Assessment Form 1 nature and extent of action: existing house with two bedrooms and bath on second floor- Renovations, alterations and additions to existing residence- second floor alteration bedroom moved to second floor Location of action: 1600 Hyatt Road, Southold Site acreage: /, [~,~ Acre Present land use: existing residence Present zoning classification: R-40 nonconforming 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:Paul & Cheryl Ragusa (b) Mailing address: 322 West 72nd Street Apt 14A, NY, NY 10023 (c) Telephone number: ( 212 )874-8225 (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: __ 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 Ill - Policies; Page 2for evaluation criteria. Yes~ No [] Not Applicable [] Discussion (if appropriate): The existing residence was constructed in 1969 and will be renovated and expanded. The expansion is within the same footprint and landward of the existing structure. The existing second floor is to be altered to relocate the third bedroom from the first floor to the second floor. There is no activity to the seaward side of house other than replacing existing patio and stairs with wood access deck.. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable ~ Discussion (if appropriate): Disturbed property with no historical archeological resources Town of Southold LWRP nsistency Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LI/VRP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applieable~ Discussion (if appropriate): addition to existing residence no visual impact 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 16for evaluation criteria Yes~j~ No [] Not Applicable [] Discussion (if appropriate): the proposed addition will require compliance with NYS Building Code. Trustees approved the plan with mitigation with drvwells, gutters and havbales during construction. Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable ]~ Discussion (if appropriate): Not applicable - 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 L WRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable-'~ Discussion (if appropriate): the addition to existing residence will require the property to upgrade and improve existing conditions Policy7. Protect and improve air quality in the Town of Southold. See L WRP Section fll - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes[] No[3 Not Applicable ~ O : ,.z,,~t~',~7 a/; 7~aZOZ~'' ~r~ - ~ ~'7." Discussion (if appropriate): N/A ~Sz~'~ ~ Policy & Minimize environmental degradation in Town of SouthoM~om solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38for evaluation criteria. Yes ~ No ~ Not Applicable~ . ~ Discussion (if appropriate): ~(l~q ~$g~ - ~O ~ ~ Town of Southold LWRP nsistency Assessment Form 3 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 46for evaluation criteria. Yes [] No [] Not Applicable ~[ Discussion (if appropriate): __---'--~(,/°/V~Z-.~ WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section Ili- Policies; Pages 4 7 through 56for evaluation criteria. Yes [] No [] Not Applicable ~l~ Discussion (if appropriate): The existing residence predates Town's regulations 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 62for evaluation criteria. Yes [] No [] Not ApplicableJ~ · Discussion (if appropriate): N/A - ~cIf)~-I~/~g~'0 Policy l2. Protect agricultural lands in the Town of Southold See LWRP Section llI- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable ~l~ Discussion(ifappropriate): Nlm /~o ,q~,,~-',7 ~ Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 1II - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable~ Discussion (if appropriate): N/A ~/e ~~ *copy of Town form created on 2/11/06 Town of Southold LWRP nsistency Assessment Form 4 · James F. King, President Jill M. Dohergy, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. February 14, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: PAUL & CHERYL RAGUSA 1600 HYATT RD., SOUTHOLD SCTM#50-1-6 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting' held on Wed., February 14, 2007 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of PAUL & CHERYL RAGUSA applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 17, 2007, and, WHEREAS, said application was referred to the Southold Town Con'servation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the Board of Trustees has funthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent practical througl~ the imposition of the following Best Management Practice requirements: the installation of gutters and drywells to contain the roof run-off and a 5' non-turf/no-mow area buffer, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 14, 2007, at which time all interested persons were given an oppontunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of PAUL & CHERYL RAGUSA to construct a second-floor addition to the existing two-story dwelling, renovate and alter the first floor, construct a garage and covered walk and a new two- stow addition on the landward side of the existing dwelling, with the condition gutters and drywells are installed to contain the roof run-off and a 5' non-turf/no-mow area buffer, and as depicted on the survey prepared by Nathan Taft Corwin II1 last revised February 23, 2007. Permit to construct End complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. See attached schedule.) Fees: $50.00 Very truly yours, President, Board of Trustees JFK/Ims / / SURVEY OF PROPERTY S£TUA TED A T HORTON POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-50-01-06 SCALE 1"=40' APRIL 18, 2004 AUGUST 24, 2004 ADDED COASTAL EROSION HAZARD AREA LINE JANUARY 15, 2005 TOPOGRAPHICAL SURVE¢ JANUARY 8, 2007 ADDED PROPOSED ADDITIONS FEBRUARY 25, 2007 ADDED BUFFER & DRYWELLS AREA = 51,534 sq. ff. (TO TIE LINE) 1.183 aC. SOUND VIEW AVENUE MAY ~ 1 2007 NOTES: l. ELEVATIONS ARE REFERENCED EXISTING ELEVATIONS ARE EXISTING CONTOUR LINES 2. PROPOSED TO N.G.V.D. 1929 DATUM SHOWN THUS: ARE SHOWN THUS: - 8' DIA. X 4' DEEP DRYWELLS WITH ROOF LEADERS: NY, S. Lm No 50467 Nathan Taft Corwin III Land Surveyor 992 Roonoke Avenue Riverheod, New York 11901 PHONE & FAX (631)569-5473 RAGUSA