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Home My WebLink About1000-54.-4-18APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July¢2008 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6198 (TENEDIOS) Dear Mark: We have received an application for demolition of an existing and ~51astm'ctiCn ora new single family dwelling as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. TO: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: Jun AMENDED Patricia C. Moore (Tenedios) 51020 Main Road Southold, NY 11971 Please take notice that your application dated May 29, 2008 11, 2008 . .h,.~ ~0. 2008 RECEIVED JUL 1 1 2008 :}I~ING BOARD O; APPEAr For permit to demolish an existing single family dwelling and construct a new single family dwellinf at Location of property: 1625 North Sea Drive, Southold County Tax Map No. 1000 - Section 54 Block 4 Lot 18 Is retumed herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 26,350 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring between 20,000 and 39,999 square feet in total size, require a minimum front yard setback of 40 feet, a single side yard setback of 15 feet, a total side yard setback of 35 feet, and a total lot coverage of 20 percent. The proposed construction notes a front yard setback of+/- 39.6 feet, a single side yard setback of 9.16, a total side yard setback of +/- 20.83 feet, and a total lot coverage of 100 percent~ This Notice of Disapproval was written based on a survey dated 10/14/08 by Nathan Taft Corwin~ LS~ and amended on June 30, 2008~ following new information that shows that the entir~rorooer .ty is seaward of the Coastal Erosion Hazard Line. · ~t or e~Sim~' ~- e- ~ i~naime -' Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. TO THE SOUTHOLI RECEIVED House No. 1625 Street North Sea Drive Hamlet Southold SCTM 1000 Section 5___44 Block 4_~_Lot(s) 18._~___Lot Size_26,350 Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 11, 2008 amended June 30,2008 BASED ON MAP 10/14/08 (approved by Trustees on 12/12/07) and amended June 30, 2008 Applicant(s)/O~vner(s): Steve Tenedios Mailing Address: S.T. Management 22E, 41'c Street, NY 100017 Telephone: 917-796-7920 Fax #: Email: pcmoorel(~optonline.net 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 Representative: Patricia C. Moore Esq. for (X) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: _pcmoorel(~optonline. net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or F, Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 10/14/08 & June 30,2008 and DENIED AN APPLICATION DATED May 29, 2008 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII Section 280- 124 Subsection setbacks and lot coverage Type of Appeal. An Appeal is made for: E 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. 13 Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal has, ~ has not been made at any time with respect to this prope~ Year_ (Please be sure to research before completing this question or call our office for Name of Owner: Spyro Avdoulos ZBA Fi REASONS FOR APPEAL (additional sheets maF be used with preparer's signature' UNDER Appeal No. fl'Et EIVED JUL 1 .L 2008 ZONING BOARD OF APPEAIJ 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 definition of "buildable land" excludes land seaward of the Coastal Erosion Hazard Line and incorporates by reference the terms of chapter 111. The house is on North Sea Drive and the Coastal Erosion Hazard line runs along the road rather than the water. Therefore the improvements have to be undertaken in a methodical process and may not exceed 25% of the "existing ground area coverage". The owner wishes to build additions and renovations to the existing dwelling however the improvements require the house to be compliant with FEMA. The proposed alterations to the house will bring the house into conformity with the NYS Building Code, energy standards and flood zone standards. The construction will take following steps: step gl: move existing structure in order to build foundation of piles to comply with FEMA step #2: place existing structures on new piles and new floor structure (from step #1) step#3: remove existing roof, remove existing ceiling joists and remove some exterior walls for additions. Exterior walls which are not removed mey require reconstruction. All existing exterior walls which remain will require sheathing, sister existing 2' x 4'; all framing with 2' x 6' studs & insulation to comply with NYS energy code. Step #4: new second floor over new and existing walls (from step #3) All above work must comply with NYS Building Code and FEMA. This plan is consistent with the character of the neighborhood which has redeveloped from seasonal cottages to year round homes. (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 existing structure is nonconforming. The entire structure is in the CZM. The Coastal Erosion Hazard Law limits the work to land coverage which are already developed and limits the expansion of the ground coverage to 25¥0 to be deemed a minor structure and therefore permissible. The house is pushed forward away from the beach. The side yard setback on the west side is an established setback by the two story garage with living space and the east side yard replaces a concrete walkway with an elevated decking. The decking provides access around the house. The proposed house is now elevated to comply with FEMA. (3) The amount of relief requested is not substantial because: The existing house and setbacks are being maintained, but the Trustees asked the owner to cut back the deck on the waterfront side. The covered porch on the front encroaches on the front ya rd setback by .5 feet. With a house which is so limited in square footage the .5 feet is needed because the elevated access (covered porch & deck of 4 feet provides the same building code complaint width access as stairs). The ill conceived change in the zoning code which creates 100% nonconformity can not be avoided and the variance is minimal according to chapter 111. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The plan has been carefully planned in order to meet all of the stringent FEMA and Coastal Erosion Hazard Law requirements. The existing house does not comply with the NYS Building Code, FEMA or any other current requirement. The construction will bring the house into compliance with drainage requirements and a new sanitary system. A majority of the homes on North Sea Drive have been similarly improved and the improvements to this house will conform to the character of the neighborhood. The house is more than 100 feet back from the Long Island Sound and is no closer then the existing structure. We are maintaining the existing setbacks, there is no encroachment toward the shore. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No The existing house predates regulations. The existing house and all improvements are 164 feet from the Long Island Sound. The zoning code change was adopted after the house and proposed plans were completed. Are there Covenants and Restrictions concerning this land: E No. Yes (please furnish copF). Except standard Trustees permit conditions of non-turf buffer and dry-wells. 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 su~ Signature of Appellant or Authorized Agent Sworn to before me this day of .~'-Id~f, 20 ~) MARGARET C. RUTKOWSKI Notary Public, State of New Yo~k No. 4982528 Qualified In Suffolk Count,/~.~..~ , Commission Expires June 3, ~// (Agent must submit written Authorization from Owner) --RECEIVED - JUL 1 2008 SEPTIC S}"STEM DESIGN JOSEPH FISHETTI, P.E. P.O. BOX 616 $OUTHOLD, NEW YORK TEL: 631-765-2954 11971 PROPOSED SEPTIC SYSTEM DETAIL INV SE!PTIC TANK (!) LEACHING POOLS (5) SURVEY OF PROPERTY SJTUA TE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-54-0z--18 SCALE 1"=$0' NOVEMBER 14, 2007 DECEMBER 27, 2007 REVISED MAP FEBRUARY 27, 2008 ADDED TEST HOLE APRIL I1, 2008 ADDED SETBACKS TO HOUSES 500' EAST & WEST MAY /5, 2008 ADDED PROPOSED SEPTIC SYSTEM AREA 26,350 sq, ft. EXISTING TOTAL LOT COVERAG£ RECtEIVFD JUL 1 1 2008 ZONING BOARD OF APPEALS NOTES 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM TEST HOLE DATA THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED PREPARED IN ACCORDANCE WITH STANDARDS BY THE LIALS NYS Uc No 50467 Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fsx (631)727 1727 27-424D