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HomeMy WebLinkAbout1000-104.-3-6 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: August 31, 2007 Rc: ZBA File ReP. No. 6069 (Scripps) 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 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 forth in Trustee permit conditions. The distance of the proposed addition from the concrete bulkhead is 65 feet~ a minimum separation distance of 100' is required pursuant to Chapter § 275-3. Findings~ purpose~ iurisdictiom 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 bulkhea& concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other titan 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. Additionally, if the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Sonthold 1. Require drywells to contain drainage for the residence. 2. Require a non-turf buffer landward of the bulkhead, to protect the creek. 3. Install a hay bale line prior to construction. 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. MT/hkc APPEALS BOARD MEMBERS James Dinizio, Jr., Chairman Gerard R Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box I 179 Southold. NY 11971-0959 Office Location: Town Annex/Fi~t Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6069 (Scripps) Dear Mark: August 13, 2007 We have received an application for additions/alterations to premises on Little Creek in Cutchogue 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 DINIZIO, JR. Tgwn 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 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 Buildit~g 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 hst, policies and ~xplanations of each policy contained in the Town of Soutbold Local Waterfi-ont Revitalization Program. A proposed action will be evaluated as to its sigqfificant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). lfany qnestion 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 cmmot be certified as consistent with the LwiLP 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 Sonthold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planmng Dcpartm6~t, all.l~ca .... libraries and the Town Clerk's office. ~ ............. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): To,*n~oard 1--1 ~'lann~g~oa~dV1 ~uild~gDept. JS¢ ~oar~ofT~,steei 1. Category of Town of Southold agency action (check appropriate response): (a) Action tmdertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, hind transaction) (b) Financial assistance (e.g. grm~t, loan, subsidy) permit; a~proval~lic~ii§~; ~&~ificati6ni ' [] Nature and extent of action: Location of action: Site acreage: Present lm~d use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following io£ormation shall be provided: (b) Mailing address: ¢_'_'_~q ~o3~-e-:~'I- ,5:9t.~ DIf~kJ~__~ (c) Telephone nmnber: Area Code (t~[ (d) Application number, if any: Will the action be directly undertaken, require funding, o~y a stale or IEderal agency'? Yes .~. No[~ Ifyes, whic~ federal agency?_ I'q,"~,~, C. 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 2 for evaluation criteria. [~Yes [-'] [No ~ Not Applicable Attach additional sheets if necessary -l~liey 27Pr~teeran/l i~r~s~r,~ liisl~iffc arid ar-cha~bl6gi~il t~SOfirCeg 6ftlle Towfi Of Son, hold. S~ LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [~ Yes [] No ~ Not Applicable A. ttach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources thrOughout the Town of South01d. see LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria ~ Yes [-~ No [--] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, strnetnres, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 roi' evaluation criteria ~ Yes ~ No [] Not Applicable Attach additional sheets il' 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 Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including _S!g?i_fi_ca,!~..Coasta! Fish and Wildlife ltabitats a,~d we[lands: See LW_R_P Secti.o_~±l_II w p~o!i~c!es; ~Pgges 22 through 32 for evaluation criteria. [~Yes ~]N0~] No~APpli¢~bie Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Soathoid. See LWRP Section III - Policies Pages 32 throtlgh 34 for evaluation criteria. Y Attach additional sheets if necessary Policy 8. Miaimize environmental 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 ~] 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 To~w~ of Southold. See LWRP Sectiou III- Policies; Pages 38 through 46 for evaluation criteria. [-~ Yes[-~ 1No~-Not Applicable Attach adc tona] sheets if necessary 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 [~q-NO [--] NOt APpli?bl~ Attach additional sheets if necessary Policy 11. Promote sustainable 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 [-q Not Applicable Atlach additional sheets if necessary Policy 12. Protect agricultural lands in the Town'of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~-] Yes n No ~[ Not Applicable Attach additional sheets il' ncccssary 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 -N- BROADC/ATERS COVE TOIVN OF SOUTHOLD 3 2 NOTICE ,~ COUNTY OF SUFFOLK (~) K ...... ,,, ,-.~ SECTION NO PROPERTY MAP FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 19, 2007 TO: Frederick Weber for R. Scripps, as Trustees 41 E. Maple Rd. Greenlawn, NY 11740 Please take notice that your application dated July 12, 2007 For additions and alterations to an existing dwelling at Location of property 2745 Pine Tree Rd., Cutchogue, NY CountyTax Map No. 1000 - Section 104 Block 3 Lot 6 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 33.184 square foot lot, in the R40 District, is not permitted pursuant to Article XXIII Section 280-122A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The single-family dwelling, notes a side yard setback of 9'. The proposed construction indicates side yard setbacks of 9' & 34' combined. Pursuant to the interpretation in Walz (#5039), such additions and alterations will thus constitute an increase in the degree of nonconformance. The addition is not pomtitted pursuant to Article XXIII, Section 280- 124, which states that non-conforming lots. measuring between 20.000 & 39.999 sauare feet, require a minimum side yard setback of 15' and 35' combined. Also, the proposed addition is not permitted pursuant to Article XXII, Section 280-116 B, which states: "All buildings.., located on lots upon which a bulkhead.., exists & which are adjacent to tidal water bodies other than sounds shall be set back not tess than 75' from the bulkhead." The site plan indicates the proposed addition will measure 65' from the bulkhead. Authorized Signature APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only __ Filed By:. Date Assigned/Assignment No. Fee: $ Office Notes: Parcel House No.~-~'~ Street ~911'.1~. SCTM 1000 See~on~Block~Lot(s) I ~E) ~PE~ T~ ~T~N DETE~INATION OF THE BUILDING INSPECTOR DATED: ~ ~ Ma~ing Telephone: ~t~ NO~: In addition to the above please ~mplete b~ow if application is signed by applicant's attorney, ageng architec~ builder, coat~ct vendee, elc. and name of person who agent represent: Authorizes aepresentative: ~~ ~. ~~ , for ~ Owner, or ( ) Other: Address: Telephone: Please check box to specify wh. ofou wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s) J~..O, uthorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICA FOR: ~uilding Per~t U Certificate of Occupan~ ~ Pre-Cerlaficate of Oc~ ~ Change of Use a Permit for As-Built Construction UOther: Provision of the Zoning Ordinance Appealed. Indicate A~icle, Section,~ubs~tt0n of Ordinance by numbers. Do not quote the code. Article ~ Section 280- ~ Subs~fi~ Type of Appeal. An Appeal is made for: ~ Variance to the Zoning Code or Zoning Map. D A Variance due to lack of access requir~ by New York Town Law-Section ~ Interpretation of the Town Code, Article Section ~ Reversal or Other A prior appeal~h?s E] has not been made with respect to this property UNDER Appeal No.q(~'Year'/.t~9~'. (Please be sure to research before completing this question or call our office to assist you.). ~4~E.: /~, ~t~e,~ ~ ~t~*t41'~;l~ ~t~7 ~-~. ~,,~o~n~ Name of Owner: ~C~- ~, ~C~'~ ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if 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: x q · (4) The variance w~l~ have an a~ers~ct or impact o~yslc~vironmental conditions In the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or .~o. 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 REQU~EST~F.~, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE. SHEET: (Plea~lre.~ .to~sult~ur attorney.) Signature oXf'-At~an[ or Authorized Agent  :°°r~ ~f~'~_ (Agent must submit written Authorization from Owncr) toJ~efore N~tary Public ~ UEIANIE DOFIO~KI Cmlllll~ifled In Suffolk County ? ,, t O ~ Sepiembw ~0o ~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions):t ~C. ~a . Dlmens~ons of first floor extensmn: q. eL '~ I.'~c~.g'- ~ ~ ~q~'~/PanT~no~$~. noc)l aX'. Dimensions ofnew second floor: [~,~ O.~/p0~.v,~,~.~,aj'l~ e,,la. ~ ~t,~ 9o ~. Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: '%~'~ IH. Proposed Construction Description (Alterations or Structural Changes) (attach cx~'a aheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~ ~Q.. c~. Proposed increase of building coverage: Square footage of your lot: ~: ~v Percentage of coverage of your lot by building area: o).~ ~ (~.o ~ ?~../~:~ V. Purpose ofNew Construction: ~l~J LAxJ~*,)'~ ~ ~ ~~-~ VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land in the code requirement(s): and how it relates to the difficulty . meeting , Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new consiruction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 c'J)RVE'f OF LOT 12 ~ P/O LOT II HAP OF NASSAU FILED HAD-OH 28, IqD5 FILE No. Il-lq 51TUATE, PEGONIC., TOI,"qN, 50UTHOLD 5tJF::FOLK ~'r'T', Lot. 12 '. ~ _~- / ". . ,~ ~ / ', Lot Il ' - / , ~_~_ ~ ~/ '" · NIONUHL=NT POUNO o PIF~ F=OIJH~ · 5TAKE FOUNO AREA = DD,I~D4 5:,F OR 0.~ AGt:~JE5 I, tETLAND FLA~ ~HO~ Tt-IU~ l .GE'I' BY ..q"lO C, ONSULTIN¢ TOPO REFEt:~ENGD~ N~'v'~ '2'::t DATUH ~I~.APHIG 5OALE I"= DO' ~rcDr~ ~ N FEHA FLOOD ZONE ~>E'TEI~41NED BY LOGATION Of= TNE ¢' C.,ONTOLI~ AS t:~PERENGED TO A ~ Bt~NGHHARK IN N~V~ J2~ ~ATL]~ \ \ \ JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\W. ompqnm'verXprosW2W2-212.pro Lot New '.,. Lot 12 p/o xL ot IOO' (tUetlands (LUetiands Setback) ~etback) "" '"" "' ' 'p/o I~G~ AND MOST I~E~TLA~DS STrUCTUrED, DECKS, ETC.). ADJACENT AREA · ETLAND5 LINE TO -'MA AE FEMA _ -- -- Fenc¢ ~/ Masonr~ ~TLUL ~ 11,115 d x 20% (Max ~101 d \ OF $OUTHOLD- : ZONING: R-40 J NON-CONFORMING LOT~20,O00- S~.ffflW SF): USE SETBACKS IN ~TION 280-124 OF ZONING CODE YARDS: (PRINCIP.~L3 FRONT: SIOE lONE): IS' SIDE (BOTH): REAR: SO' HEIGHT (t'lAX.h S~;'. ~ I/~ STORIES SETBACK FOR ACCESSORY BUILDINGS (:20.000- LOT COVERAGE: (T~n of S~thold) All Structures, Deck~ over 8" t.o Grade) EXISTING HOUSE: ~ IO% EXISTING SGREEN PQ,RCH;~ :240 EXISTING GARAGE:, ~-1~, st EXISTING GARAGE tD~mo.). (3% PROPOSED ADDITIONS: S% sf PROPOSED PORCH: 122 PROPOSED TOTAL- 2~;2 SITE PLAN I" = 20'-O" PROPERTY DESCRIPTION: PROPERTY OU~NER: ROBERT SCRIPPS PROPERTY LOCATION; 2-14S PINE TREE ROAD CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SURVEY INFORMATION: JOHN C. EHLERS, LAND SURVEYOR RIVERHEAD, NY SURVEYED: JUNE 2z, 2002 REVISED: JULY 13, 2OO'I LOT NUMBERS SHOWN ARE FROM MAP OF "NASSAU FARMS", FILE NO. 1199 FILED I'IARCH 28. MSB \ 5CTM~ IOOO-IO4-S-/ LOT AREA: 2-1.420 (+/-) S.F (UPLAND) LOT AREA: ~S.)84 S.F. (TOTAL) NORTH ARCHITECT: FREDERICK R. WEBER 41 EAST MAPLE ROAD GREENLAWN. NY II~O ~2 NOYAC PATH WATER MfLL. NY IMI~ TEL ~,SI -1~4-~S~ FAX &SI 2~,1-1084 DATE: MAY SO. 2OO1 REVISED: JULY ~. 2OO'1 (Drainage, Hag Bates) REVISED: JULY 18. 2OO'1 (2' Contours. DEC Coverage) 1~1, 2OO-1 d)