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HomeMy WebLinkAbout1000-145.-2-1.4 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY L 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 Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner ../~f~,-'!i LWRP Coordinat~'[~'' Date: October 24, 2007 Re: ZBA File Ref. No. 6090 (McNulty/Diller) 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 exempt from review pursuant to Chapter 268-3,HH. Exempt Minor Actions, item HH which states: MINOR ACTIONS -- Include the foflowing actions, which are not subject to review under this chapter: HH. Lot line changes. [Added 6-6-2006 by L.L. No. 7-2006] MT/hkc Office Location: Town Annex/First Floor, No~th 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 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 October 18, 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. 6090 (McNulty/Diller) Dear Mark: We have received an application for a lot line change involving premises on Peconic Bay in Laurel, 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. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 15, 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, NOVEMBER 15, 2007: 10:40 A.M. EDNA McNULTY (and JOHN C. DILLER and HOLLY M. DILLER) #6090. Request for a Variance under Zoning Code Section 280-18, based on the Building Inspector's July 26, 2007 Notice of Disapproval which states that the Bulk Schedule requires a minimum lot size of 40,000 square feet, and the proposed lot line change will create more conformity by increasing the size of CTM Parcel 1000-145-02-1.4 from 22,151 square feet to 22,936 square feet, and will create more nonconformity by reducing the size of CTM Parcel 1000-145-02-1.5 from 20,877 square feet to 20,093 square feet. Both properties are nonconforming in lot size in the R-40 Low-Density Residential Zone District, located at 160 and 240 Great Peconic Bay Boulevard, Laurel. 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: October 19, 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 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: Jul,/26, 2007 TO: William C. Goggins, PC (McNaulty) PO Box 65 Mattituck, NY 11952 Please take notice that your application dated July 18, 2007 For permit for lot line change at Location of property 160 Great Peconic Bay Boulevard, Laurel, NY County Tax Map No. 1000 - Section 145 Block 2 Lot 1.4 Is returned herewith and disapproved on the following grounds: The proposed lot line change, on lots in the Residential R-40 District, is not permitted pursuant to Article IV, Section 280-18, ~vhich states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full." Bulk Schedule requires a minimum lot size of 40,000 square feet. Following the proposed lot line change, the subiect lot (145-2-1.4) will become more conforming, fi'om 22,151 square feet to 22,936 square feet in total size, SCTM# 145.-2-1.5 will become more non-conforming, fi'om 20,877 square feet to 20,093 square feet in total size. In addition, the proposed lot line change requires approval from the Southold Town Plmmin~ Board. This Notice of Diso. pp?'6'~':~-~a-s~-ritt'~ based on a survey dated 9/7/05 bv Ho~vard W. Young, Cc: file, Z.B.A.,~la~ing. ~ ............ ~...~. APPLICATION TO TIlE SOUTItOED TOWN BOARD OF APPEALS Fee: $ Office Nolcs: For Office Use OttO, q -- l!iled By:. Date Assigned/Assignment No. (1~ 121 (2) Parcell.oca(ion: IhnlseNo. 160 Slreet Great Peconic Bay Blvdltanllet Laurel SCTM 1000Sec(ion145 Biotic 2 Lol(s)l.4 LotSize22,151 ZoneDislric¢ R-40 I OVE) Ai'I'EAL TIlE WILITTEN DETERMINATION OF THE BUILDING 1NSPI~CTOI~, DATED: July 26, 2007 Applicant/Owner(s): Edna McNulty Mailing c/o William C. Goggins, P.O. Box 65, Mattituck, New York 11952 Address: Telephone: Aulhorizcd l~.cprcscnlative: William C. Ooggins Address: P.O. Box 65, 13105 Main Road, Mattituck, New York 11952 Telcphene: 631-298-4200 Fax: 631-298-4214 Please specify who yoll wish correspondence to be ilia|led to, fl'Olll the above listed names: © ApplicanUOwner(s) ~1 Authorized Representative U Other: WIIEI~.EI3Y TIlE I~,UILDING INSI'ECTOB. DENIED AN API'I~ICATION DATED FO 1~.: Lq Building Permit L~ Cerlilicaie of OCClIpllIICy [] l're-Certilicaie of Occlll}allcy [] Change of Use [] l'ermil for As-Built Construction Olher: Lot Line Change Provision of ihe Zoning Ordinance Appealed. Indicate Article, Section, Subseclion and Imragraph of 7~oning Ordinance by illlllll}el'S. Do 11o1[ quote tile code. Ar(icle IV Section 100- 18 Subseclion Type of Appeal. An Aplleal is made for: L~/%. Variance to tile Zoning Code or Zoning Map. ~ A Variance due to lack of access required by New York Town Law-Seclion 280-A. ~ Inlerpretafion of the TowB Code, Article Section ~ Reversal or Oilier A prior alq~eal LJ has ~I has nol been ntade wHh respect lo this properly UNI)EII. Apl)eel No. Year Namd of Own.er: 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: The Lot Line Change compldes with code s±de yard set back requirements. (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: of the size of the lot and the sized of the adjoining lot~ (3) The amount of relief requested is not substantial because: of the size of the lot line change (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: it merely moves a property line (5) Has the alleged difficulty been self-created? ( )Yes, or the zoning code. Are there Covenants and Restrictions concerning this land: (Yd~NO. The location of the house pre-dates [] No. [3 Yes (please furnish copF). 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 BEINq REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to c/fnsp~l~youT/~,ey.) Signature of Appel~fi~t or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this day of $~t.~,~ 20 07 Notary Public APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Edna McNulty I. For Demolition of Existing Building Areas Please describe areas being removed: N/A Date Prepared: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: 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: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: N/A VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Lot Line Change to make side yard conform with code Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002;2/2005;1/2007 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWneR S~RE~ /~0 wu_~GE D~sr. SU~. LO'r S W ~ ~[, [~ OODE DATE OF OONSTBUOTIO~ ~ND IMP. TOTAL DATE R~RKS Tillable FRONTAGE ON WA~R ~ ] ( ~/ ~ /~ ~ W~land FRONTAGE ON ROAD ~ / ~d~d DEPTH ~ ~ l Hm Plot BULKH~D Total M. Bldg. Extension Extension Extension ~orch Deck :] reezewa .Garage D,B. Foundation ~//'~,,~ £ Bath Basement ~ FIoors Ext. Walls Interior Finish Fire Place / Heat Pool Attic Patio Rooms 1st Floor Driveway Rooms 2nd Floor TOWN OF SOUTHOLD PROPERTY RECORD CARD ~-~--WN ER STREET ~ t./'~ VILLAGE DIST. I SUB. LOT .60h~.~~, .~ ~y M, ~ ,~ / // ACR. ~N D IMP. TOTAL DATE R~RKS Till=hie FRONTAGE ON WATER Meadow~d ~, DEPTH House PI~ [ BULKH~D To~l vl. Bldg- A~I~R~I_.-~',~ ~,~' iiaE,,~ Foundation C_. ~--5. Bath / ~xte~ t o ~ ~ = ~ /, ~ ~o / Ba~ment ~ Floors ~ ~xtensio~ Ext. Walls ~/. ~,'~ Interior Finish ~/~. ~xtension Fire Place Heat ~ 'orch ~ ~ ~ /~ .~o ~ / 'Pool A~ic )eck Patio Rooms 1~ Floor ~reezeway Driveway Rooms 2nd Floor :arage ~Ol~M NO. ~ TOWN OF SOUTHOLD BUHY~ING DEPARTMENT Town Clerk's Office $outhold, N. Y. Certificate Of Occupancy No. Z1+329 . .. Date THIS CERTIFIES that the building located at S/8 Map No. xx Block No. xm: Lot No. xxx · .Aug 10 ,1g71 Peconic Bay Blw~ Street Lalzre. 1 N .Y o conforms substantially to the Application for Building Permit heretofore filed in this office dated .April 19 , 19 7l pursuant to which Building Permit No. 521+7Z dated .. April 19 , 19 7l , was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . Private one family..(.su~;:er cottage~, dwellt~g ............. The certificate is issued to Eele~ l',c],u~ty., f~,~ner ............ (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .. J.u!y 15, .197.~.. by /l, Villa Underwritcr$ Cert House ~ 160 Pec, / / / FORM NO. 4 TOWN OF EOUTHOLD BUILDING DEPD~RTMENT Office of the Building Inspector Town Hall Southold, CERTIFICATE OF OCCUPANCY No: Z-32511 Date: 08/07/07 · I~&S CERTIFIES that the building ADDITIONS Location of Property: 240 GREAT PECONIC BAY BLVD LAUREL (HOUSE NO.) (STREET) (F~/4LET) County Tax Map NO..473889 Section 145 Block 2 Lot 1.5 Subdivision Filed Map No. __ ~ot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 7~ 2007 pursuant to which Building Permit No. 32710-Z dated FEBRUARY 12, 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITIONS & ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JOHN C & HOLLY M DILLER (OWNER) of zhe aforesaid building. SLrFFOLK COUI~Y DEP~/~T~T OF HEAL~ ELEC~IC3%LCERTIFICATENO. PLUMBERS C]~TIFIC3%TION DA'£~3 07/16/07 ~/A 30~22~ ~S ~ELI.A~E o7/~1/o7 Authorized Signature Rev. 1/81 PLANNING BOARD MEMBERS JER1LYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 November 20, 2006 Mr. William C. Goggins, Esq. 13105 NYS Route 25 P.O. Box 65 Mattituck, NY 11952 Re: McNulty Lot Line Chanqe SCTM#1000-145-2-1.4 & 1.5 Dear Mr. Goggins: Your application for the above-referenced lot line modification cannot be processed by the Planning Board because a lot area variance is needed for the Diller property. As proposed, the lot area shall decrease from 20,877 square feet to 20,093 square feet in the R-40 Zoning District, where 40,000 square feet in the minimum required. You should file a variance application with the Zoning Board of Appeals. If the variance is granted, the Planning Board wilt process the application and issue an approval for the lot line change. If you have any questions or need additional information, please feel free to contact this office. Senior Planner QUESTIONNAIRE Fei~, FII,ING WITII YOUR Z.B.A. AI'I'IACATION B. ls the subject N'emises listed on the real estate market for sale'? I-I Yes U_XNo Arc thct'e any proposals to change or alter land contours? D Yes U No I ) Am Ihere any meas that contain wetland grasses? No 2) Are the wetland areas shown on the map submitted with this application? 3) Is tile property bulkheaded between the wetlands area and the up[and building area'? Yes 4) !17 your preperty contains wetlands or pond areas, have ?,ou contacted the office of Towa Truslecs for its detmmination of jurisdiction? N/A Please conlSlnl status (,il' your inquiry m' application xvith the Trustees: N/A D. Is Ihere a depression or sloping elevation near the area of proposed construction at et beloxv five fcet above mean sea level'? No A]c Ihcm any patios, concrete barriers, bulkheads or fences that exist and are not shown on thc sarvey map that you are submitting? NONE (['lease show ama of these slruclm'es on a diagram if any exist. Or state "none" on the above linc, if applicable.) IDo you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by tho Building Department and describe: G. Do you or any co-oxvncr als(`) own other land close to this parcel'? NO the 13mximity of yom' lands on your map with this application. If yes, I)lcasc label 11. I'Icasc list Nesent usc or operalions conductcd at this ~arccl _ r_esi~d_e_n[~a_l /? and proposed use , residential ~q*lcs:~istin~le-ra,nily; proposed: same ,~ith grange.) Authorized Signatu/e an~Dale 2/o5 · 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 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 ?ermits 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 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). 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, ail local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 145 2 1.4 The Application has been submitted to (check appropriate response): Town Board [~ Planning Dept. [] Building Dept. [] Board of T,'ustees [] 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) perrmt, approval, license, certification: Nature and extent of action: Lot Line Change Lo,cation of action: 160 Great Peconic Bay Blvd., Laurel, New York Site acreage: 22,151 Present land use: Residential Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following informa~on shall be provided: (a) Nameofapplicant: Edna McNulty (b) MaJlmgaddress: c/o William C. Goggins, P.O. Box 65 Mattituck, New York 11952 (c) Telephone number: AreaCode~3} 298-4200 (d) Application nmnber, 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 III - Policies; Page 2 for evaluation criteria. Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary 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- please explain) No Changes Attach additional sheets if necessary 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- please explain) bio Change Attach 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 [] (Not Applicable- please explain) No Change Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ill - Policies Pages 16 through 21 for evaluation criteria [] Yes [] NoN arise [~ o(N~Annlicable please explain) Attach additional sheets if necessary 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 III - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [-~ (Not Applicable- please explain) No Change Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [-~ Yes [~ No [] (Not Applicable - please explain) No Change Attach additional sheets if necessary Policy 8. Minimize 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- please explain) No Change 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 - please explain) Private Property Attach additional sheets if necessary WORKING COAST POLICIES .Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable location.s. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [] No [~ (Not Applicable- please explain) No Change Attach additional sheets if necessary 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 62 fol' evaluation criteria. [-~ Yes [--] No [~ Not Applicable- please explain No Change Attach 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 [] No [] Not Applicable- please explain Residential Property Attach 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- please explain Lot Line change will have no impact ~.0O' E~×I~,TIN~ ~ ~o Thonos ~ Luc~ Koz~ro IN~E~T ~00' \o INOI~T ~ALtE, 1"=:20' Young & Young 400 Os&ra~der Aven~e, R~v~rhe~zd, New 631-727-2303 ~lTl~ DATA · EDNA HC NUIt¥' AI:~A PRIOR TO AIT~I:~ATION AR~A AFt~ AL.TE~R. ATION =,22,1515~.FT. · JOHN ~.. DILL~:~. ~ HOLL't' ~4. ~ILL~:~. AI:~J~A P~.IO~ TO ALT~P. ATION AJ~A AFTER A/'TI=I~ATION = 2o~ 5~. FT. 5U~Vt=-'ffO~'~ Gt=t~.TII=IGATION · HE H~P~B¥ GEI~TIN-~ tO EDNA MC NULTY THAT THIS ho~atalD ~. 'r'oON~, N.'r'.9. 1.5. NO. 4~,~'~ ~ EDNA 1,4~, NULT'K P.O. E~OX 75 LAIJEI~L, NEI~ YORK 11~t4~ JOHN C,. DILLt=t¢ ~ HOLLY P.O. 260 Pt=GONIG BAY ]~O!JLt::VARD LAU~,t~L, Nt=I'~ YORK IIqJ~ =DNA HO NULT ' A~ Laurel, To~n oF 5ouf. h~old I000 145 02 1.4. I~)I. INDAI~I' LIN~ ALl'ElaTION HAP HAP t=~PA~D .~t~PT'. 7, 2OO~ JOB NO. 200~.-0~1~t