The URL can be used to link to this page

Home My WebLink About1000-54.-1-29 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southald, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM Gerard P. Goeltringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Plalmer LWRP Coordinator Date: February 22, 2008 Re: ZBA File Ref. No. 6124 (Manfredi) The proposed deck reconstruction 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 dcpartment, 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, Exempt Minor Actions, item B which states: "Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by' the Coastal Erosion Hazard Area (CEHA) law where structures' may not be replaced, rehabilitated or reconstructed without a permit ". The proposed fence is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. If thc actiou is approved the following best management practices (BMP's) are recommended: I. Require a non-turf, native vegetation buffer landward of the xvetlaud line. 2. Minimize lawn areas and irrigation to reduce the influx of herbicides, pesticides, and fertilizers into the wetland. The BMP's will further Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and fi'eshwater wetlands, item D (below). Provide (ldeqzlate hqffers between n'cthlnds and a~(/ace~lt or ~luar/~y ltses (.Id activities ill order lo e~siu'(' lprotec'tioll qf thc wclhlt~d'x charac[er, (Ilia/i/3', I,alllc~s, a~lcl fiu~ctions. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) ?65-9064 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 December 27, 2007 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 2008 Re: ZBA File Ref. No. 6124 (Manfredi) Dear Mark: We have received an application to make additions/alterations to premises on wetlands near 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 DINIZIO, JR. By: ¢(2-'9.~,/'/'z--/,y~F~ - FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 11,2007 TO: Architecnologies (Manfredi) PO Box 93 Mattituck, NY 11952 Please take notice that your application dated November 29, 2007 For permit to reconstruct existing non-conforming decks on an existing single family dwelling at Location of property: 170 Hilltop Path, Southold County Tax Map No. 1000 - Section 5._~4 Block 1 Lot 2~9 Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 29,557 square foot lot in the Residential R-40 District, with two front yards, is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum rear yard setback of 50 feet and a single side yard setback of 15 feet. The proposed construction notes a rear yard setback of+/- 4.16 feet and a single side yard setback of 0. This Notice of Disapproval was written based on a site plan dated 11/29/07 by Frank Notaro~ ArchitecJ-------~ _ / "~u21~oriz/e d signat~/ Note to Applicant: Any qhange or deviati.o.n to the above referenced application, may require further review by the Sofl[.hold Town Building Department. CC: file, Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee: $ Filed By:. Date Assigned/Assignment No. 6/'OI Office Notes: DFC 2 {] 2007 House No. i70 Street ~tLITO~ ~y¥{ SCTMlOOOSection 5Ii Block I Lot(s) ~: ~~AL$ Hamlet ?.)C)C) I J.Y ~ .... ,~rreAL$ I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUI~OIN(~ INSPECTOR DATED ~_A).- ]1- ~)? BASED ON MAP DATED /]/,~ ~/affO~ 7 / - / Telephone: O/~-..~&_~bCFax g: Email: //75'/ NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representativef'~o/9-L~ £)O?/]lL't-?~k?#? d ~/_~J-J for ~Owner, or ( ) Other: Agent's Address: ~0, ~:{¢~)X" ?',.9.) ~.(~JJ_fZ{E) ~(~/ fl..),? ., , ~ ~/'~.Jj~7,~Email: Telephone~/v~2~o~. //,~? Fax#: Please check box to specify who you wish correspondence to be mailed to, from the above names: El Applicant/Owner(s), or /W-Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED I [ - c~<~ - ~'Tand DENIED AN APPLICATION DATED I]- C~C~- 07 FOR: )l~Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As~Built Construction UOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article Y_~ Section280- ~ 'l Z.t-{ Subsection Type of Appeal. An Appeal is made for: ~ 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 [] has, ~has not been made at any time with resnect to this nrooertv. UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) REASONS FOR APPEAL (additional sheets maF be used with preparer's signatnre): 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: '~-(..3~L~{~--~ ~ ~O_..L~L ~.~.~L~t",.3{~..~0__~t (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the a~plicant to pursue, other than aa area varian~, because: ~ ~) ~~ '~f~-~ ~ ~T~Tt (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 alleged difficulW been solf-created?~es, or ( )No. Are there Covenants and Restrictions concerning this land: D No. ~ Yes (plebe furnish copv). 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 REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant or Authorized Agent ]~/ ~ (agent must submit wriaen Authorization from Owner) Sworn to~before me this day~Jf ~.t~*/, 20~. ~Notary Public BABETTE CORNINE Notary Public, State Of New York No. 01CO5792800 Qualified In Sutfolk Countw.~m ~' Commission Expires /~/~Z-r Towh 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 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 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- su~ortin~ facts. 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 ClerWs office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# I000 5/I I - PROJECT NAME The Application has been submitted to (check appropriate response): TownBoard ~-~ Planning Board [--] Building Dept. [] BoardofTrustees 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: Nature and extent of action: Locationofaction: [Q{~ ~dlLt'TO~> f9~-3-.~[ ~ ~:3ID~:Mt~I ,V) Site acreage: , 6~ a(_3~- _ff~ ~$7 ~C~ Present zoning classification: ~-~0 t)~,hrht~--_~ ~c-t., .t~.q{D~ ~xC~ b 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: (b) Mailing address: (c) Telephone number: Area Code ( ) ~ 1 6 - ~0~ ~ ~ _ ~o) h ~ ~' (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? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 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 D E ^pplicablc 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 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 Attach additional sheets if 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 evaluation criteria [] Yes ~ No ~Not Applicable 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 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. [~ Yes ~ No~/Not Applicable 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 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 Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-d~pendent 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 [] No ~-~ Not Applicable 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 for evaluation criteria. ~ Yes [] No ~-~ Not Applicable 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 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 PREPARED B~-.~-~=~v ~ TITLE OWNER -7 VILLAGE LOT FOR ',4ER OWNER RES. . ~ , SEAS. VL. LAND ~'-~ tMP. TOTAL FARM DATE COM~ REMARKS IND. J CB. MISC. AGE Tillable '1 , dlaoie 2 Odd d Fan + Tillable 3 Woodland Swampland Brushland House Plot ~tension ~ )C f FY ~.~ ~ Basement ~/,~,. Floors ~tensi°n &~l~~ I ~ ~t' Walls ~ ~., ~'~ ~ Interi°r Finish dension~ j Fire Place ~j, ~ He~ -- , r.- ~. ~ ~ J~ .~J ~ )('/~ Porch ~'.--~ ', ~/~ ~ ~' ~ Pbrch ~ Rooms ]st Floor rc~ay ,/~-~ ~.~ ~ j / /~ Patio Rooms 2nd Floor or, ge . ~ ~ ? Driveway N A- SITE