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Home My WebLink About1000-104.-7-3 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: From: James Dinizio, Jr., Chair Town of Southold Zoning Board of Appeals Mark Terry, Principal Planner (~-1 LWRP Coordinator /o4,1, 5 Date: January 25, 2008 Re: ZBA File Ref. No. 6117 (Corbley) 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 distance from the proposed one story addition to the wetland line is 92 feet; the distance from the proposed 2 story addition to the wetland line is 96 feet; a lnininmm setback distance of 100 feet from the wetland boundary is required pursuant to Chapter 275-3.Findings; purpose; iurisdiction; setbacks and 275-5.B (2) e. (c). Construction of additions to the landward side of an existing functional single-family dwelling, where such dwelling generally lies parallel to the wetland boundary and l;rovided that all new and existing runoff is captured on site. Such addition must be less than or equal to 25% of the area OCootprinO of the existing structure. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. If the action is approved the following best management practices (BMPs) are recommended: 1. Require a 30 foot uon-turfbuffer landward of the wetland line. 2. Require gutters to drywells to contain all roof runoff. The BMPs will further Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands, item D (below). Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written detennination regarding the consistency of the proposed action. MT/hkc 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 Town of Southold Zoning Board of Appeals From: Heather Cusack ~ Environmental Technician Date: January 23, 2008 Re: ZBA File Ref. No. 6119 (Corbley) The above referenced application was received in this office January 3, 2008 for LWRP review. We expect to complete a response to your request within the next week. Please hold the record open to include our reply. Cc: Mark Terry LWRP Coordinator or- C FRONT (NORTH) ELEVATION SCALE: 1/8" = 1'- 0" RIGHT (WEST) ELEVATION SCALE: 1/8" -- 1"- 0" REAR (SOUTH) ELEVATION SCALE: 1/8" = 1'- 0" LEFT (EAST} ELEVATION · SCALE: 1/8" = 1'- 0" APPEALS PHOTO A: Looking S at the North (Front) Eleva- tion of the existing dwell- ing. (1/11/07 at 1620 hrs.) NOV 2 9 BOARD OF APPEALS; PHOTO B: Looking S at the North (From) Eleva- tion of the existing dwell- ing. (1/11/07 at 1625 hrs) PROJECT SITE PHOTOS Application regarding the property of John Corbley, SCTM # 1000-104-7-3 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 March 2, 2007 PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): J, ohn Corbley I. if building is existing and alterations/additior~renoyations are proposed: A. Please give the dimensions and overall square footage of ~tcnsions beyond existing building: Dimensior~/size: 51' X 6' + 6' X 6' .t- 27 X 1~ Square footage: Total~ 306 + 36 + .24 = 36~ s.f. B. Please give th~ dimensions and square footage of new proposed foundation areas which do not extend beyond the existln~ building: Dimensions/size: N o-t~ a Square footage: !I. If land is vacant: Please give dimensions and overall square footage of new construction: Dimemion/size: N/A Square i~ootage: Heig~( HI. Pu/(ose and use of new construction requested in this application: · IV. Add/tional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. 7/02 Please note: Further changes,, after submitting the abo~e information, mu*t be placed in writing and may require a new Notice of Disapproval to ~how change~ to the initial plans. If additional time is needed, please contact our office, or please check 'with Building Department (765-I 802) or Appeals Department (765-1809) if you are not sure. Thank you. QUESTIO1VNAII~E FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises hsted on the real estate market for sale? [] Yes 7[] No Are there any proposals to change or alter land contours? [] Yes 0 No 1) Are there any areas that contain wetland grasses? Y e s 2) Are the wetland areas shown on the map submitted with this application? v e. ,q 3) Is the property buikheaded beCveen the wetlands area and the upland building area? 4) ~f your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jmisd/ction? Y e 8 Please confmn status of your inquiry or application with the Trustees: .NJ -letter issued: attached D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N o Are there any patios, concrete barriers, bulkheads or fences that ex/st and are not shown on the survey map that you are submitting? iN o (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taldng place at th/s time concerning your premises? iN o Il'yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? bio If yes, please label the proximity of your lands on your map with [}tis application. H. Please hst present use or operations conducted at this parcel s ingle- family d~e lling ,' ~, ,,-/:"~f/" and proposed use single-family dwelling Authorized S'~gna-tu~a~d l~ate ' ~/ 2/05 ~mes E. Fitzgerald, Jr., Agent BROAD~ATERS COVE TOWN OF SOUTHOLD HAYWATER COVE 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 USPS Mailing Address: 53095 Main Road 1~O. Box 1179 Southold, NY 11971-0959 December 31, 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. 6119 (Corbley) Dear Mark: We have received an application for an ' d'c~on o£ ann _ gr ~~t premises on Haywater Cove 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. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL DATE: October 4, 2007 TO: Jim Fitzgerald for John Corbley P O Box 617 Cutchogue, NY 11935 Please take notice that your application dated September 21, 2007 For a permit for additions & alteration to a single family dwelling, at Location of property: 680 Mason Drive, Cutchogue County Tax Map No. 1000 - Section 104 Block 7 Lot 3 Is returned herewith and disapproved on the following grounds: The proposed additions & alteration to a single family dwelling on a non-conforming, parcel, are not permitted pursuant to ArticleXXIII Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots measuring between 20,000 & 39,999 shall have a minimum side yard setback of 15'and a total side yard setback of 35'. Following the porch construction, the dwelling will have a single side yard setback of 9' & a total side yard setback of +/- 24.1'. Furthermore, the construction to this dwelling is not permitted pursuant to Article XXIII Section 280-122 which states: "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of non- conformance with regard to the regulations pertaining to such buildings." The survey indicates the proposed additions & alterations to be setback approx. 14.5' from the easterly boundary with combined setback of 29.7'. Pursuant to the ZBA's interpretation in Walz #5039, such alterations will thus constitute an increase in the degree of nonconformance. Authorized Signature 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 Januaw 29,2007 Mr. James E. Fitzgerald, Jr. Proper- T Permit Services P.O. Box 617 Cutchogue, N.Y. 11935 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RE: JOHN CORBLEY 680 MASON DRIVE, CUTCHOGUE SCTM# 104-7-3 Dear Mr. Fitzgerald: The Southold Town Board of Trustees reviewed the survey prepared by Joseph A. Ingegno; Land Surveyor last dated December 8, 2006 and determined the proposed construction to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 Coastal Erosion Hazard Areas in the Town Code. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111 ) no permit is required. Please be advised, however;that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Freshwater Wetlands, Tidal Wetlands jurisdiction, and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the freshwater wetland boundary, tidal wetland jurisdictional, boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. James F. King, President Board of Trustees JFK: hkc Town Annex/First Hoor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoMtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 7654809 Fax (631) 765-9064 ~sPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 24, 2008 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, JANUARY 24, 2008: 10:25 A.M. JOHN CORBLEY #6119. Request for Variances under Seotions 280-122, 280-124, based on the Building Inspector's October 4, 2007 Notice of Disapproval and Zoning Code Interpretation #5039 0Nalz) concerning proposed additions and alterations to the existing single-family dwelling, which new construction will create a new nonconforming side yard setback, and will create an increase in the degree of nonconformance, when located less than 15 feet on one side yard and less than 35 feet for both side yard setbacks (total), at 680 Mason Drive, Cutchogue; CTM 104-7-3. 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: December 31, 2007. ZONING BOARD OF APPEALS JAMES DINIZlO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing AddresslUSPS) P.O. Box t179 Southold, NY 11971-0959 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS __ Filed By: For Office Use Only Date Assigned/Assignment No. ParcelLocation: HouseNo. 680 Street Mason DrJ. ve SCTM I000 Section 1 04 Block 7 Lot(s) 3 Lot Size0' 570aCZon I (WE) APPEAL TME WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATEB: 1 0/4/07 Applicant/Owner(s): Mailing Address: John Corbley 680 Mason Drive, Cutchogue, NY 11935 Telephone: 7 3/* - E E 6g NOTE: If applicant is not the owner, state if applican~ is owneris attorney, agent, architect, builder, contract vendee, et~ Authorized Representative: James E. Fitzgerald, Jr. Address: PO Box 617, Cutchogue, NY 11935 Telephone: 734-5800 Please specify who you wish correspondence to be marled to, from the above listed names: [] Applicant/Owner(s) [] Authorized Representative [] Other: WHEREBY TH~ BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: [~ Building Permit [] Certificate of Occupancy [3 Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 100- Subsection Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section ~[~ [] Reversal or Other A prior appeal ~as~as not been made with respect to this property UNDER Appeal No. Year Appeal Applicafion, Confinued Part A: AREA VARIANCE REASOiN3' (attach e.xtra sheet as needed): See attached sheet. (1) An undesirable change will not be produced in the CHAIL~CTER 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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( )No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (Please attach separate sheet.) This is the MI?qIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questi'ons 8, 9, and 10 below if USE VARIANCE STANDARDS apply. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Part B: REASONS FOR USE VARIANCE (if req~tested):' For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult yonr attorney be,fore completing): (7) The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (8) The HARDSHIP relates to the property and does not'appl9 to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: (describe on a separate sheet). The spirit of the zoning ordinance will be observe~-----< The public safety and welfare will be secured an~t~l jus/~,~/~. , , Signatg~ ~~ A~riz~ ~ent~ Sworn to before,me this ~ (Age~ust submit Autho~z~ion from Owner) a~y o~ ~..~:00~q ( ~ot~ry Public) NO. Applicant: John Corbley REASONS FOR AREA VARIANCE: 1. An undesirable change will NOT be produced in the character of the neighborhood.or a det- riment to nearby properties, if granted BECAUSE: The proposed porch addition and one small first-floor extension in the side yard do not extend beyond the extended sides of the existing house footprint viewed us a rectangle. The intrusion of the portion of the porch addition into the required setbach area is mini- mal, and the open constructlon further minimizes anypercelved adverse visual impacL 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: The proposed addition, other than the porch, are very small and are required only to fa- cilitate the interior changes already under way. The porch will provide additional leisure space and adds significant esthetic appeal to the existing design which, in its day, focused entirely upon the seaward side of the structure leaving the existing front, which faces the road, significantly less desirable than the proposed plan. 3. The amount of relief requested is not substantial BECAUSE: The actual dimensions and volume of the proposed construction which contribute to the existing non-conformity are very small and will be barely noticeable from the stree~ 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: Although the appearance of the existing house will be changed significantly, the com- pleted renovation is appropriate to both the immediate neighborhood and the Town us a whole and will not have any effect at all upon the physical or environmental conditions in the neighborhood 5. Has the alleged difficulty been self-created? _ MAY JULY 19, 2007 A :<47 SURVEY OF PROPERTY SITUA TED A T ?ECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-104-07-03 SCALE 1"=20' AUGUST 12, 2005 SEPTEMBER 28, 2005 ADDED SITE PLAN FOR AREA TO BE DREDGED 27, 2006 ADDED PROP. ADDITIONS, WETLAND LINE & SET pLASTIC MARCH 2, 2007 REVISED AS PER LETTER FROM TOWN TRUSTEES July 10, 2007 ADDED LOT COVERAGE DATA CALCULATED AMOUNT OF MATERIAL TO BE AUGUST 25, 2007 REMOVED OCTOBER 18, 2007 SHOW BRICK WALK BEE NOVEMBER 1, 2007 UPDATE AREA = 24,630.96 sq. fl. (TO TIE LINE) 0,570 Dc. PIPES N~,~ 29 ~007 //? 3OARD OF APPEALS NOTES' 1, ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN TBUS:~o EXISTING CONTOUR LINES ARE SHOWN THUS: PROPOSED CONTOUR LINES ARE SHOWN THUS: 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 56103C0164 G ZONE AE. BASE FLOOD ELEVATIONS DETERMINED ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN 3. APPROXIMATELY 150 cu. yds. OF MATERIAL TO BE DREDGED. 4. DREDGE BY BARGE ONLY, NO MACHINERY CROSSING WETLANDS. 5. USE OF SILT BOOM/TURBIDITY SCREEN DURING DREDGING. 6. UPLAND AREA (TOTAL LOT AREA LESS WETLAND AREA) 16,944 sq. fi. 7. EXISTING IMPERVIOUS LOT COVERAGE OVER THE UPLAND AREA = 5,499 sq. 1 OR 32,5%. (INCLUDING HOUSE, CONC. SLABS., OUTSIDE SHOWER, SLATE PATI, WOOD PLAT, WOOD WALK, FRAME SHED, BRICK WALK & DRIVEWAY) 8. PROPOSED IMPERVIOUS LOT COVERAGE OVER THE UPLAND AREA = 3,569 sq- OR 19.9%, (INCLUDING HOUSE, BRICK WALK, CONC. SLABS., OUTSIDE SHOWEF WOOD PLAT., WOOD WALK, FRAME SHED & PROPOSED PORCH & ADDITIONS) 9. 20 cu yds. OF MATERIAL IS TO BE DREDGED FROM"TOWN WATERS". N,Y,5 L,c No 50~ Nathan Taft Corwin Land Surveyor PHONE (631}727-2090 Fox (631)727-1727