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Home My WebLink About1000-86.-6-4 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 ro~ James Dinizio, Jr., Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator ~ Date: June 22, 2007 Re~ ZBA File Ref. No. 6047 (Iavarone) SCTM#1000-86-6-4 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 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 distance of the covered porch from the timber bulkhead is proposed at 3.~ feeB a minimum separation distance of 100' is required pursuant to Chapter § 275-3. Findinlls; I~uroose; 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 ad]acent 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. 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 SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 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. 6047 (Iavarone) Dear Mark: We have received an application for additions, alterations and accessory garage at premises on Richmond Creek in Peconic 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.~ ~ 05-i6-8007 08:55 SOUTHOLD BUILDI~6 DEPT 1631765950~ PR6E& FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 7, 2006 RENEWED & AMENDED: May 1, 2007 TO: Joseph V. lavarone 150 Foxhunt CRS Oyster Bay Covc, NY 11791 Please take not,ce that your apphcatmn dated August 16,200S ~ ~ For pem~it to construct additions and altcratiot~s to an existin~ si~ ~l~.rann'Ig-G'~elltn~and ~xS~tti~ct an Location of property 450 Wood Lane, Peconic, NY County Tax Map No. 1000 - Section .8_6 Block6 Lot~. Is returned herewith m).d disapproved on the following The proposed construction on this non-confonuing 32,670 soaare foot oarcel in the R-40 District. is not permitted pursuant to Article XXII1, Section 280-122A which states; "Nothin~ in this article shall be deemed to prevent the remodelino, mconstrttcdon or enlar,,ement ora non-conforming building containing a conrormine use. orovided that such action docs not create any new non-contbrrnance or increase thc de~ree ofnon-cou~brmmlce with regard to the regulations pertaining to such buildings,'.~ The existing dwelling notes a single side yard setback ol- 11.25 feet. The proposed construction will maintain that setback. Therefore, thc proposed construction is not pem~itted pursuant to Article XXIII Section 200-124, which states that non-confom~ing lots, .measuri~g between 20,000 and 39,999 square feet in total size, require a minimmn single side yard setback of 15 feet. In addition., the proposed construction is not pem~ittcd pursuant to Article XXII Section 280-116 B, which states: "All buildings located on lots uoon which a bulkhcad, concrete wall, tiptop or similar structure exists and which arc adjacent to tidal water bodies other than sounds shall bc set back not th~m seventy-five (75) feet from thc bulkhead." Thc dwelling notes an existing setback of+/- 33 t'cct from the existing bulkhead. The vroposed addition will maintain that setback. In ad~lition~ the proposed accessory garage is not permitted pursuant to Article III. Section 280- 15, which states that such buildings shall be set buck at lea.~t 15 feet from thc side oronertv line. The proposed construction notes a side yard setback of 5 feet. 05-~6-~00T 08:55 SOUTHDLD BUILDIN~ DEPT 1631T65950~ PR~E~ This Notice of Disapproval was amended on May I1 2007 to address the new acccssorv ~arage. ' Aut~orized S~nature CC: file, Z.B.A ~otc to Applicant: Any change er deviation to the above referenced application may require additional review from the Southold Town Building Department. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Water~ont 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. 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 Waterfi'ont 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). 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 SCTM# 1000-86-06-4 Joseph V. Iavarone (received Consistency Review for Trustees permit)- due to proximity to Richmond Creek previously deemed inconsistent and Trustees implemented conditions to make project more consistent AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals~. 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 Consistency Assessment Form Nature and extent of action: Renovations, alterations and additions to existing residence and detached garage (no variance required for garage) Location of action: 405 Wood Lane, Peconic NY Site acreage: 28,595/.656 Acre Present land use: existing residence Present zoning classification: R-40 nonconforming 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: Joseph V. Iavarone (b) Mailing address: 150 Foxhunt CRS Oyster Bay Cove, NY 11791 (c) Telephone number: ( 516 ) 624-0678 (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: Town ofSouthold LWRP Consistency Assessment Form 2 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 2for evaluation criteria. Yes ~ No [] Not Applicable [] Discussion (if appropriate): The existing residence was constructed in 1906 and will be renovated and expanded. The expansion is within the same footprint and landward of the existing structure. The bulkhead will be maintained. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See LWRP Section lII- Policies Pages 3 through 6 for evaluation criteria Yes [] No'l~ Not Applicable'0~, Discussion (if appropriate): Disturbed property with no historical archeological resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applieable'~l Discussion (if appropriate): addition to existing residence no visual impact Town ofSoutbold LWRP Consistency Assessment Form 3 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section II1 - Policies Pages 8 through 16 for evaluation criteria Yes'~, No [] Not Applicable [] Discussion (if appropriate): the proposed addition will require compliance with NYSBuilding Code. Trustees approved the plan with mitigation with drvwells, gutters and haybales during construction Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP Section Ili - Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable'~ Discussion (if appropriate): a new sanitary is proposed greater than 100 feet from the water body (Richmond Creek) Policy 6. Protect and restore the quality and function of the Town of SouthoM ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWR_P Section llI- Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applieable"~ 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 llI- Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applieable'~ Discussion (ifappropriate): N/A ~t:~/¢~ ~td~g ~/~a/t~/~ Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LI~RP Section III-Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable ~ Discussion (if appropriate): The new sanitary will be consistent with Coastal Policies Town of Southold LWRP Consistency Assessment Form 4 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 [1I - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable Discussion (if appropriate): __ Town of Southold LWRP Consistency Assessment Form 5 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 II1 - Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not ApplicableS' 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 Applicable~, Discussion (if appropriate): NIA Policy l2. Protect agricultural lands in the Town of Southold See LWRP Section lI1- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] NotApplicable~ Discussion (if appropriate): .N/A Policy 13. LWRP Section III - Policies; Pages 65 through 68for evaluation criteria. Discussion (if appropriate): N/A //~O /~'d;p ~ ~ Promote appropriate use and development of energy and mineral resources. See *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 6 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 September 20, 2006 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Joseph lavarone 150 Fox Hunt Crescent Oyster Bay Cove, NY 11791 RE: JOSEPH IAVARONE 405 WOOD LANE, PECONIC SCTM#86-6-4 Dear Mr. lavarone: The Board of Town Trustees took the following action during its regular meeting held on Wed., September 20, 2006 regarding the above matter: WHEREAS, JOSEPH IAVARONE 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 August 16, 2006, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: a line of staked hay bales installed during construction, the installation of drywells and gutters to contain the roof run-off, and a 10' non-turf buffer area, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 20, 2006, at which time all interested persons were given an opportunity 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 JOSEPH IAVARONE to renovate the existing one and a half stow wood frame dwelling, demolish existing one-stow section of house and construct a new one and a half stow wood frame addition; demolish existing detached garage and construct a new two-car garage, with the condition a line of staked hay bales is in place during construction, gutters and drywells are installed to contain the roof run-off, and a 10' non-turf buffer landward of the bulkhead, and as depicted on the survey prepared by Haynes Land Surveyors last dated April 3, 2007. Permit to construct and 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: $100.00 Vew truly yours, President, Board of Trustees JFK/Ims BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6461 DATE: SEPTEMBER 20~ 2006 ISSUED TO: JOSEPH IAVARONE PROPERTY ADDRESS: 405 WOOD LANE~ PECONIC SCTM#86-6-4 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on September 20, 2006, and in consideration of application fee th the sum of $250.00 paid by Joseph Iavarone and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board and permits the following: Wetland Permit to renovate the existing one and a half story wood frame dwelling, demolish existing one-story section of house and construct a new one and a story wood frame addition; demolish existing detached garage and construct a new two- car garage, with the condition a line of staked hay bales is in place during construction, gutters and drywells are installed to contain the roof run-off, and a 10' non-turf buffer landward of the bulkhead, and as depicted on the survey prepared by Haynes Land Surveyors last dated April 3, 2007. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOVgN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE L//fPre-construction, hay bale line 1st day of construction Y~ constructed v/Project complete, compliance inspection. COUNTy OF SUFFOLK (~) R~ Property T~x ~ervlce Agency 086 ¢1 MAfNTENANCE 5TRAW BALE DIKE DETAIL INSTALLATION DETAI L~ DESCP4PTION CAU]ION: AND LENDING INSTITUTION LISTED HEREON, AND TO THE NOTE: "INDUSTRIAL COOE RULE 53' REQUIRES NOTIFICATION A T LEAST 72 HOURS PRIOR TO CONSTRUCTION. NOTIFiCATION SHOULD 8E MADE TO N. Y C. OR LONG ISLAND ONE CALL CENTER AT 1-800-272-4480, ! J 8 t t I > I o fo. 75 *'~ CENTER POOL SP //25 o. OFO 14 ~tfaynes £anaC Surveyors ¢¢rofessionag £anar ~ City Surveyors i99 Lafayette cDrive Syosset, ~.~ 11791 qfiont 718-631-7595/$16-496-1790 MAY I 8 Suffo~ County, ~opographic Survey of ~roperty vax S~vv~m e mai[: fi[amf, mm@ao£com situat~ at Sca~: .1'~ 20'-0" Surveyea6 Topographic Survey/ ~un~ 15, 2006 ?pcposEp z~'~b£ /~ ,qa~-~£z~.'- ~R/~. V, fROG SD