The URL can be used to link to this page

Home My WebLink About1000-70.-5-40 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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 To: From: MEMORANDUM Gerard Goehringer, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator Date: July 21, 2008 Re; Request for Variance Pine Neck Holdings ZBA#6180 The proposed action which 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 below listed policies and therefore is INCONSISTENT with the LWRP pursuant to § 268 of the Southold Town Code. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The setback from the proposed deck to the wood retaininE wall (bulkhead) is 36.7 feet; a minimum setback of 75 feet is required by Article XXIII. § 280-116. Building setback requirements adiacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3. 1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993] "B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are ad/acent to tidal water bodies other than 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 to the greatest extent practicable. SCMT# 70.-5-40 Figure 1. Pine Neck Holdings Residence In the event that the action is approved~ to further Policy 5: Protect and Improve Water quality in thc Town of Southold and Policy 6 referenced above: 1. Require the establishment of a minimum 20 foot wide vegetated buffer landward from the bulkhead. Require that the buffer is vegetated with species native to Long Island. 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. Please contact me with any questions. Cc; Kieran Corcoran, Assistant Town Attorney Scott Hilary, LWRP Coordinator APPEALS BOARD MEMBERS Gerard PjGoehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 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 May 22, 2008 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6180 (Pine Neck Holdings) Dear Mark: We have received an application conceming a deck addition to premises on Jockey Creek in Southold, and shown on the enclosed site map. Copies of the current 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, GERARD P. GOEHRINGER Chairman By..~,~, FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: May 13, 2008 TO: Peconic Permits Expediting, Inc. (Pine Neck Holdings) 32645 Main Road Cucthogue, NY 11935 Please take notice that your application dated May 8, 2008 For permit for a deck addition to an existing single family dwelling at Location of property: 1475 Pine Neck Road, Southold, NY County Tax Map No. 1000 - Section 70 Block 5_ Lot 40 Is returned herewith and disapproved on the following grounds: The proposed cnn~truction, on this conforming 46,516 square foot lot, is not permitted pursuant to Article XXII Section 280-116_B, which states; "All buildlng~ located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adiacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." The new construction is noted as being +/- 36.7 feet from the existing bulkhead. This Notice of Disapproval was issued based on a plot plan, by Thomas Samuels, Architect~ dated May 7, 2008. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southoid Town Building Department. CC: file, Z.B.A. Fee: $ Offlee Notes: For 0.0~ Use Only Fried By:. Date As~igned/Assignmeat 1000 SeCtion 7~) .lock -{- Lot(s) q 0 Lot Size 4(,~-/~ ~'/: Zone I (WE) APPEAL THE WRITI'EN DETERMZ~ATION OF THE BUll,DING INSPECTOR DATED 5-/~- OF .ASED ONMAPDATED ~'-' 7-' ~ff Applicant(s)/Owner(s): ~/~ & /~6 & Telephone:,~/~ -'~.~z7-~$00 Fax #: Emaih NOTE: In addition to the above, please complete be]ow if application is signed by applieant's attorney~tect, builder, contract vendee, et~ and name of person who agent repr~uenn: NameofRepresentafive: P~O/d. Pdr~;7L ~"d'iPdd~;/~tat for (~ Owner, or ( )Other: P~e ch~k ~x ~ speci~ who you w~ corr~po~ence to be m~d to, from ~e ~ove n~: ~ AppH~ff~ner(s), or ~Au~o~d Repr~en~v~ or ~ ~er N~Ad~ess below: wHEREBy 'I'H~ BUILDING INSPECTOR REVIEWED MAP DATED K- ~ AN APPLICATION DATED ff'" 7- O~ FOR: ~Bailding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction UOther: and DEN-~.rt Provision of the Zoning Ordinance Appealed. ('indicate Article, Section, Subsection of Zoning Ora~nance by numbe.rs.. Do not quote the code.) Arficle il SectionZ80- II S Subs io. 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 respect to this preperty, UNDER Appeal No. __Year__. (Please be sure to researclt before completing Mis question or call our oJ~ce for assistance) Applicant: L For Demolition of Existing Building Areas Please describe areas being removed: APPLICANT'S PROJECT DESCR1]PTION (For ZBA Reference) II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: ~'/ Dimensions of flour above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being eons~uetcd? If yes, please provide height (above ground) measured from natural existing grade to first floor: ]~. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifnenessa~] - Please describe building areas: ! / Number of Floors and Ch~.. ges WITPI AJtc~at~pns: [ IV. Calculations of building areas and lot coverage (from surveyor): ~g square footage of buildings on your propc~'y: Proposed increase of building coverage: Square footage of your lot: 4 Percentage of coverage of your lot by building area: V. Purpose of New Construction: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc-) on your land and how it re.~tes to the dlffic.~lty ill meeting th9 code requirement(s): __ Please submit seven (7) photos, labeled to show different angles of yurd areas after staking corners for new construction), and photos of building area to be altered with yard view. 7~2002; 2/2005; 1/2007 Name of Owner: ZBA File # REASONS FOR APPEAL (addi~onal sheets ma~ be used with preparer's signature): AR~ VARJANCE P~EASONS: (1) An undesirable change wm not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties ff 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 beeause: (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 difficulty been serf-created? .]~Yes, or ~No. Are there Covenants and Restrictions concerning this land: ~g~No. FI Yes (p/e~e £urn/sh This is the MINIMUM that is necessary andadequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check tAis box ( ) IF/1 USE VARIANCE IS BEING REQUESTED, AND PL~4S~LETE TIff; ATTACI~ED USE VARIANCE SHEET: (Please be~ ~gfial~rof Ap~m~f4~tthorized Agent ,,,,,,~A~eut must submit wrine~o~borintJon from Owner) Swo~ to_bgo~ m t~ d%of ~ aO?.q_~__. 'N~otxr~ Public - ~...~ Ho. O~MC61$1I*'t 4 ouollfled In Suffo~ County .MY ¢ommmlofl EsP#M Augusl 00.20O9 pi=CONIC PI=RMIT EXPEDITING Building / DEC / Variance / Manne 32645 Main Road · Cutchogue, NY 11935 E-Mall eeoni ermi (~o nlinenet Ph631.734.8361.Fx631,734.2276 ZBA Questions - Pine Neck Holdings LiC 1.) Due to the fact that the structure proposed is a deck that is going to be open to the sky above, there is no mass or amhitectural elements to be detrimental to the community. 2.) Due to the location in the rear yard, and the existence of a previously permitted structure there is no other alternate location for this structure. The deck proposed is the minimum we need for the homeowner to enjoy the water view on their property. We have also sited the proposed deck so that it requires only one variance. 3.) The amount of relief is minor as this is a deck application, and not a habitable structure. 4.) There will be no impact since there will be minor interference with the ground, as only the piers will be in the ground. QUESTIONNAIRE FOR FILING WI'II~I YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? IS Yes ~eNo B. Are there any proposals to change or alter land contours? ~No [] Yes, please explain on attached sheet. C. 1) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? 3) Is tbe prqperty bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you _c~tacted the o~ce of the Town Trustees for its determination of jurisdiction? ,¥~'.~ _ Please. confirm status of your inquiry or application with the Trustees: ~t~:~o]/~ ~t j~,~ /'/-~ ,n and if ~ssued, please attach eop~es of perrmt~th e?nditmns and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /~ E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? /~t9 (Please show area of these smaetures on a diagram if any exist. Or state "none" on fine above line, if applicable.) Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit a copy of your building perLe,it and map as approved by the Building Department and desuribe: G. Do you or any co-owner also own other land close to this parcel? /1/~9 If yes, please label the proximity of your lands on your map with this application. Fi. Please list present use or operations condueted at thi~pareel, /~)~:~/J'~n ~ ...p'roposed: sa'ne with garage or pool; or other description.) /07 · Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete this CCAF fo~ proposed actions that are subject to the Town of Southold Waterfront ComistencyReview Law. Thi~ assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt action~ including Building Permits and other mini~terial permit$ not located within the Coaxtal Erosion Iarazard,4rea. o Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and ~xplanafions 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, mod/fled 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 L~P policy standards and conditions, it sh._~_all 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 Plann/ng Department, all local libraries and the Town Clerk's office. B. DEsCRIFrlON OF SITE AND PROPOSED AIJrlON scrm '70 - 5- 0 The Application has been submitted to (check appropriate response): TownBoard ~ Planning Board [-] BuildingOept. ~ Board ottrnstees [] 1. Category of Town of Southold agency action (check appropr/ate response): (a) Action undertaken directly by Town agency (e.g. capital ~ construction, planning activity, agency regulation, land h-ansacfion) ~-~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) pern~t, approval, license, certification: Nature and extent of action: 'Location of action: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the f011owin~ information shall be provided: Ca) Name of applicant: pxSfp~, ~ p~'f~,w, ~L (c) Telephone number: Area Code ( ) /f3//- ~/~-~ ,~.~/fi (d) Application number, if any: Will the action be.directly undertaken, require fundiug, or approval by a state or federal agency? Yes ~ No .~ If yes, which state or federal agency? C. .DEVELOPED COAST POLICY Polley.,l 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 6fa coastal location, and mialmt~,es adverse effects of development. See LWRP Section HI - Policies; Page 2 for evaluation criteria. Attach addlt~on~! sheets if necessary roncy 2. Protect and preserve historic and arcaaeologtcal resources ol tile Town of Southold. See LWRP ' ' Section IH - Policies Pages 3 through 6 for evaluation criteria Attac~ ad,ditional sheets if necessary Policy 3. E~hanee visual quality and protect scenic resources throughout the Town Of Southdfl. Se~ LWRP Section 1II - 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 IH -Policies Pages 8 through 16. for evaluation criteria ~ Yes ~-~ No ~ Not Applicable AttaCh additional sheets if necessary PoUcy 5. Protect and improve water quaUty and supply in the Town of Southold. See LWRY Secfiou III - PoHcies Pages 16 through 21 for evaluation criteria ~-~ Yes ~-~ NO ~NotApplicable 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 IH - Policies; Pages 22 through 32 for evaluation criteria. Attach additional sheets if nocessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - ?olicie., Pages 32 through 34 for evaluation criteria. ~--~ Yes ~ No .~ Not Applicable Attach additional sheets ifneccssmy 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. [-~ Y'es ~ 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 HI -Policies; Pages 38 through 46 for evaluation criteria. ~-] Yes ~ 1NO ~ Not APplicable 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 s~itable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria. Attach additional streets if necessary Po]icy ll. Promote sustainable use of living marine resources in Long Island Sound, the Peconic ]$staary and Town waters. See LWRP Section III - Policies; Pages 57 through .62 for evaluation criteria. [] Yes ~ No.~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold, See LWRP Section III - PoliciesI pa~es ~2 through 65 for evaluation criteria. ~--] Yes ~ 1No~_ Not Applicable Attach additiOnal sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~'~ No ~ Not npplic, able Created on 5/25/05 11.'20 AM 61Z21 Appendix C State Environmental {~u~itg Re~!e~ SHORT ENVIRO~AZ ~SE$SMENT FoRM For UNZISTED ACTIONS Only PART I - Project Information (TO be complete by App/ioam or Projec! sponsor) 1. Applicant / Sponsor 2. Project Name 3. project IocaUon: Municipality County 4. Precise location (Street address ano road intersections, prominent landmarks, etc. or provide map) 5. Is oropcaed action: i) NEW (~EXPANSION ( MODIFICATION / ALTERATION 6. Describe project bde~. 7. Amounl of land affected: /, 06 ao, : ,.ti,r. ste, /, 8. Wlllpropesedac~oncomp~y,,~,ithe~stingorothereMstingmnduse =.~,;,Aloes:( )YES ~ HO If No. describe brle§y: 9. What is present land use in vicinity of projec~ (describe): i ( ( ] CommerciI ( )Ag~cul~ural_ ( ) Park/Forest/Open Spac~ { ) Other 10, Does action I[']v~lve a permit approval or funding, now~r ultimste~y from a~y o/tier Governmental agency,(Federsl. State or Local) ? YES ( ] NO If Yes, list agency(s) and pen-nit/approvals: ~ 1. Does any aspect of ff~e action have a currently valid permit or appmvar? NO If Yes list agency(s) and permff/appmvals: 12. As a result of proposed action, will existing permit/approval rsqu~rs modification? (~-) YES ~ NO If Yes, Itst agency(s) and permit/approvals: I certify that the Info~ providecl above is ~'ue m the best of my kn. owiedge this assessment compieta the Coastal Assessment Form before proceeding with TRANSACtIONaL DISCLOSURE APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code ofEth/cs prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to prov/de information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle/nitial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check al/that apply.) Variance ,~ Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship w/th any officer or employee,,o,f the Town of Southold? "Relationshi "includes b blood marria e or business interest. Bu~; .... : ........ ~a.~/?._r~__n~_ ...me. lu?.es b ................ ~,u*m~u m~ere~r' means a busines~ 'm'cludin a · artnershi m wh/ch the Town officer or em Io ee has even a artial ownershi of or em 1o ent b a co oration in which the Town officer or e 1o ee owns more than 50 YES ' NO ,~ If you answered "YES'; complete the palance of this form and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship .in the space provided. The Town officer or employee or his or her, spouse, sibling, parent, or ch/Id is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when lhe applicant is a corporaOdn); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ' C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHI~ Subm/tted this .~_~?_~ of ~14~ Od' Signature: - - - Print Name:'~ - ~ ~ PECONIC PERMIT EXPEDITING Dufldm0 / DEC / Vananc~ / Marine ~ · ' ' Ph 631.734,8361 ' ~ 631.7~.2276 May 15, 2008 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: ZBA Authorization Letter To Whom It May Concern, This letter is to authorize ~mployecs of '?eeonic Permit Exl~diting Inet" to act as my agent in obtaining a varianeefappeal from the Zonin~ Board of Appeals of the Town of Southold. If you have any questions, please fe~l fi~e to ~ me at any time. ~ile - Pine Nec& Holdings LLC COL SURVE'r' OF LOT '7 "MAP OF: PROPERTY OF: d. k',IELLS PHILLIPS" FILE~ NOV~HBE~ ~, IqO~l, MAP No. 51TUATE; PINE NEC, K TOHN: 5OLYi'HOLP 5t,IFFOLK COUNT'f', N'I" 04-01-2008 50t=FOLK OOt)N'r'K TAX # I000 - '10 - ..5 - 40 N E NOTES, Lo~; 8, Lof, "7" ' Lo~: 6 PIPE FOUND '~' C, ONTOUR~ REFERENOE N~VD '2q DATUM '"-----~% Area = 4~,..516 5. F. Are~ = I.O0'lq ~res ORAPHIC, SOALE I": 40' 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.\\Compaqserver~pros\08\08-130 TOPO.pro SITE DATA SCTM # PROPERTY: ADDRESS OWNER: SITE: ZONING: t000-70-5-40 1425 PINE NECK ROAD SOUTHOLD, NY 11971 PINE NECK HOLDINGS, LLC PO BOX 150, SOUTHOLD, NY 11971 46,516 sf = 1.0679 ACRES RESIDENTIAL- 40 SURVEYOR: JOHN C. EHLERS, LS 6 EAST MAIN STREET RIVERHEAD, NY 11901 LICENSE # 50202 DATED 04-0t-08 Lot 8 C~O"/~P-.~ PORCH -t~ . ~ asp. drivewa EXISTIN® ON~= STOP. T' / .=~ ~.~_~ ~ ~wway , ~ , ~ ~ = " HIgH ~AT~ sos., ' - I "*-~ ' - - ........ 478.gg' PiN. dirt driveway ,' ~ ELEV. Lot 6 awn A Venue OPEN FIRST FLOO~. I ,J,~ I200K TO t~EMAIN JOOK. EY' I I LOCATION MAP SOUTHOLE:::' SITF P _AN SCALE: 1" = 20'-0" ON DRAWN BY: TCS CHECKED BY: DATE: 5~7~08 SCALE: 1" = 20'-0" ;HEET TITLE: SITE PLAN SHEET NO.: 1 DADr-'H~NI' FOUNDATION PLAN SCALE: 1/4" = 1' -0" ex& '11~.~TED I~D. ON 9ALV. 5?II~J, IP G,kST IN FOOTINg, TO ~ADE ~E~O0~ ~TUD¥ K. ITCH~N t~ATH HALL LIVIN~ F~OOH DININ~ f~OOM FIRST FLOOR PLAN SCALE: 114" = 1' -0" PERMIT SET 13.1 0804 TCS :)ATE: 517108 SCALE: 1/4" = 1' - O" SHEET TITLE: PLANS ;HEET NO: