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Home My WebLink About1000-54.-4-18 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 REVITALIT. ATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Gerard Goehringcr, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: October 27, 2008 Re~ ZBA file Ref. No. 1625 (Tenedois) SCTM 1000-54-4-18 This proposed action is for a request for a Variance under Section 280-124, based on the Building Inspector's June 30, 2008 amended Notice of Disapproval concerning a proposed new dwelling, after demolishing the existing building(s). The new construction is proposed on the seaward side of the Coastal Zone Hazard Line with 100% lot coverage, instead of the code limitation of 20%, and with a front setback at less than 40 feet and side yards totally less than 25 feet, with less than 10 feet on a single side yard. Location of Property: East Side of North Sea Drive (#1625), adjacent to the Long Island Sound, Southold; SCTM 1000-54-4-18. This review is limited to the variance requests for the front yard setback and side yard setbacks for the proposed action in relation to a primary dune~ a protective natural feature located within the Coastal Erosion Hazard Area. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southotd 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 4. Minimize loss of life, structures, and natural resources from flooding and erosion. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. The proposed use is residential and therefore is not a "water dependent use". a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. On December 12, 2007 the Town of Southold Board of Trustees issued a Coastal Erosion Management Area permit for a non-major addition on the parcel which is a permissible activity within a primary dune area as stated by A (5) which states: "Non-major additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impacts of the structure on the primary dune." Note, however, that the demolition and rebuilding of the structure (as proposed) is not permissible or attainable by the Southold Board of Trustees Coastal Erosion Management Area permit. The permit contains a condition that the "structure is not to be demolished". Correspondingly, the demolition and rebuilding of the structure is not a permitted activi.ty within a primary dune area pursuant to Chapter 111 Coastal Erosion Hazard Areas of the Southold Town Code. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Chapter 111 Coastal Erosion Hazard Areas of the Southold Town Code coincides with 6 NYCRR 505.8. The proposed action is entirely located seaward of the Coastal Erosion Hazard Area line within a primary dune; a regulated natural protective feature pursuant to § 111-13. Dune area. It is recommended that the Board require the applicant to amend the action to meet or further the above polices to the greatest extent practicable. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Southold Town Zoning Board of Appeals Gerard Goehringer and Board Main Road Southold, NY 11971 By Hand / SCTM:1000-54-4-18~// Dear Mr. Goehringer and Board: Thank you for forwarding the LWRP memorandum. The existing house needs alterations, however, the house does not currently meet FEMA or current building code standards. Any investment in this house will trigger compliance with FEMA which, as you know, requires the house to be elevated. We began our application with the Southold Town Trustees for a w~tland permit and Coastal Erosion Permit. With Joe Fishetti P.E.'s assistance, we submitted plans and described the following steps: step #l: 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 may 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) The same description was submitted to the ZBA, the Trustees have authorized the above work. We have not proposed demolition of the existing house and starting our construction with an undeveloped vacant parcel. Your notice describes demolition, however, we are taking great pains to follow the steps which preserve the existing structure and comply with Coastal Erosion Hazard Permit standards. In response to the LWRP recommendations dated October 27th, the alterations to the existing house and additions are more consistent with LWRP then leaving the house as is. The existing house currently does not comply with Fire Codes, NYS Building Codes or FEMA. Therefore, the existing house does not conform to Policy #4: to retain the existing house without improving it to meet all code and flood regulations risks the owner to loss of human life, and the existing house would be at risk of flooding. The house is located 164 feet from the tidal waters of the Long Island Sound so it is unlikely to be effected by erosion, nevertheless, it presently sits within the Coastal Erosion Hazard area therefore any improvements are subject to those regulations. The house is located in line with all other homes on North Sea Drive which have been made to comply with FEMA. As noted by the LWRP coordinator, the Trustees issued a Coastal Erosion Management permit which limited our expansion to no more than 25% of existing ground coverage. The Trustees approved the plan but the rear deck was cut back slightly. The revised application (as cut back) is the plan before the ZBA. As prosed to the Trustees and permitted under the Coastal Erosion Law, the proposed improvements are defined as ~minor structures" where the addition is no more than 25% of the ~existing ground area coverage". The dimensions of the proposed alterations are within the ground area coverage of the existing structures, plus no more than 25%. The elevated decking on the sides are constructed over existing cement walkways. The variances are needed to maintain the existing setbacks of the area coverage. The neighboring homes have been improved similarly for the last 20 years, the site is improved and is specifically permitted, under the Coastal Erosion Law, to be improved to current safety standards. In May of 2008 Joe Fischetti and I met with Mike Verity, Lori Hulse, Jim King and other Trustees to review the plans prepared by Joe Fischetti PE. The steps outlined above were reviewed, in detail, and approved. I have attached my letter to Building Inspector Mike Verity and the Trustees with my exhibits. The letter and exhibits provided guidance to both the Trustees and Building Department as to the degree of alterations on North Sea Drive permitted to existing dwellings. At this meeting there was agreement that the plans, as presented to you, would be what would ultimately be submitted to the Building Department. It would be helpful if everyone described the work the same way, your legal notice describes the work as ~demolition", this may be how the building inspector describes the work, however, regardless of the nomenclature used, we have presented the same plan. It is the same plan approved by the Trustees and specifically detailed as described in the steps above. As to the letter from Irene Vitti, her comments are in response to your notice which describes the work as "new dwelling, after demolition", she had not reviewed the plans or steps of construction which are detailed in the application before she made her comments. She may not be aware of the FEMA reqUirements. The house must be elevated and placed on piles. This process increases the cost of construction exponentially but is the means to preserve the existing structure without ~demolition". The other homes on North Sea Drive which have been expanded over the years have gone through similar difficulties. Moreover, this parcel is developed and the proposed construction is occurring within the already disturbed area of the yard and house. The parcel is not vacant, the owner wishes to improve the house to that it conforms to the character of the neighborhood which has updated year round homes which comply with FEMA and the NYS Building Code. Thank you for your continued courtesies. yours, ore----~ cc: Mr. Tenedios Mr. Fischetti, PE May 30, 2008 Southold Town Building Department Southold Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Re: 1000-54-4-18 North Sea Drive Tenedios residence Margaret Rutkowski Betsey Perkins Secretaries Dear Mike and Trustees: Thank you for meeting with us on this date. After our meeting I researched the development projects on North Sea Drive which have been completed under the Coastal Erosion Hazard Law. Among the houses on North Sea Drive which have been expanded, I found the house which Mr. King remembered had been significantly damaged by fire and the reconstruction after the fire. ( 1000-54-4- 4) This house was further expanded and reconstructed recently. The Assessor's office property cards for the homes along North Sea Drive have photographs of the original houses built in the 60's and the existing houses built under the current regulations. In the last ten years, on the east side of North Sea Drive, many of the homes have been reconstructed and substantially expanded. Many of these homes were expanded more than 25% of ground area coverage. Our house has been limited to an expansion which is "not more than 25% of ground area coverage of existing structures"and meet the flood zone standards. The process of restoration of the existing house outlined at the public hearing and at the meeting far exceed the steps generally required or undertaken by the neighboring homes on North Sea Drive. The Coastal Erosion Law has not changed in 20 years and we are proposing to make improvements to an existing structure making the house more conforming with the State Building Code, FEMA and the neighborhood. tr l-y yours, cc; Mr. Tenedios & J. Fishetti PE Lori Hulse, Town Attomey EXHIBITS ATTACHED EXHIBIT A MAVELLA 205 NORTH SEA DRIVE, SOUTHOLD SCTM: 1000-54-4-4 EXHIBIT B ROSICKI 395 NORTH SEA DRIVE, SOUTHOLD SCTM: 1000-54-4-6 EXHIBIT C VON ZUBEN 1125 NORTH SEA DRIVE, SOUTHOLD SCTM; 1000-54-4-13 EXHIBIT D PEARLSTEIN 2225 NORTH SEA DRIVE, SOUTHOLD SCTM: 1000-54-4-23 EXHIBIT E MAVELLA 1525 NORTH SEA DRIVE, SOUTHOLD SCTM: 1000-54-4-17 EXHIBIT F BETSCH 2325 NORTH SEA DRIVE, SOUTHOLD SCTM; 1000-54-4-24 OWN E R '~ LAND ;wampland t rusl',,~.d--~ qouse Plot -o,a r IMP. STRES %05 VFLLAGE . DISTRICT E --. ' , ' iACREAGE TOTAL DATE REMARKS ., · ,..g TYPE OF BUILDING Bldgi"-, · / ,'~ ~ I Foundatk - ';Z'* ':~' ~'~ = /?'~, "¢~'", ' I I Fire Place Porch [ewa ~ ,' ROoms 1st FIoo~ / / J J '~%. J Patio ~'"" ge J ' .r.-~¢. , ~ ..... / J ~'~,~. ' Rooms 2nd Floor/ 54-4-4 9/03 Foundation' Basement Ext. Walls PC CB FU,LL Bath Floors Interior Finish Dinette Kit. Patio Porch Deck Garage Z,O0 Fire Place Dormer Driveway Heat Woodstove Attic Rooms 1st Floor Rooms 2nd Floor BR. Fin. B. 5444 10/00 ¥1LLA-~E DISTRICT SUB. I_AND NEW Form J~le 1 ~ble 2 ;Lie, 3 SEAS. IMP. 37' NORMAL Acre VL. m ~_. ¢ E 5~),~ ACREAGE W , ,, :~PE OF BUILDING TOTAL DATE REMARKS Valde Per Acre Value 3dland mpland ~Man'a . Jse Plot tension ' ~ /~-- ~0 J , / L ~ ~ ~ ~ ~t. Walls ~5%~,~ : Interior Finish ~ .... ~ =:;' ~ ,;',,-~ Fire Place ~?~ (~ Hea~ ~rage ~ Y 2-~ :': ~ 0 ~ Driveway B. 54-4-6 9/04 Extension Garage 2'~ ~.- ':' Foundation Basement Ext. Wails Fire Place Porch Bath Floors Interior Finish He~ Attic Porch Rooms 1st Floor Patio Rooms 2nd Floor Driveway $4.-4-6 ;3/06 54-4=6 9/04 Ext. Walls ,~ , , Interior Finish Porch Rooms 1st Floor Driveway ~'~ ,~ .... _~-~/: '- ' -wi ~ ET ' "~'' ~ I VILLAG~ I DISTRICT J SUB. LAN D IMP. TOTAL DATE REMARKS Farm Acre illable 1 illoble Value Per Acre Value illable, 3 Veedland wampland -louse Plot Bldg. xtension ixtension Lxtension Garage · ?, Basement /' ~/~ , Walls ~- place Porch Porch Both Floors Interior Finish Hea~ Attic 1st Floor 2nd Floor $4-4-13 9/03 Extension : ,' . ~, ," ~tension // ~'/ *X' /' ~ '>' ~ Walls ~'S'~ ' Interior Finish . · ,. ~ ~io R~ms 2nd Floor ~%<4~.owN E'R': - RES. Z,,O LAND Filtoble: 2 rillable 3 Woodland ;wampland )rushla,~J' i! i1~ House Plot rotai VL. FARM TOTAL . DATE COM~. IND. REMARKS ACREAGE CB: MISC. ! TYPE OF BUILDING 54.-4--23 3/06 OWNER TOWN OF SOUTHOLD PROPERTY RE( IMP. VL. TOTAL LAND Farm 'illoble I 'illable 2 ' Ac re VI LLAGE FARM DATE COMM. I IND. ORD CARD DISTRICT ] SUB. ACREAGE I ~D.L~G ,~ON DITI/~J BELO. W Value Per Acre 'illable, 3 ¢oodland wampland rushland ' 4ouse~l~ot'~ 'ora I TYPE OF BUILDING CB. LOT / % MISC. ABOVE Value Bldg. I '~' ,- Z ~tension ~t. Walls ~ ~. Interior Finish ~tension Fire Place He~ .,~ ~=~:~ ~ Z5 ~ Por~h ~*t~ ~ '~/ .orc~ . "ooms ~, ~'~ Breez~ay ~o ' R~ms 2nd Floor IVILLAGE E AS,?,,,, ~ IMP. DISTRICT SUB. ACREAGE TYPE OF BUILDING :ES. VL. FARM COMM~ LAND TOTAL DATE REMARKS / .,, ~.: :..' .~ ~ . LOT I IND.` I CB. I MISC. 'illable "' L 'illable 2 ¥' 'illable 3 Voodland wampland ;rushlafid ~]ouse .~ ~ 'ot~-', Bldg. J ,':~-.~ ~'./-- '/ Extens~onj Extension J Extension Garage Porch Deck/r~:- Pool 54.-4-24 9/06 Foundation Basement :inished B. Fire Place Ext. Walls Dormer PC CB O/~HE~ Bath COMBO PAR'TtAL Floors Interior Finish Heat Dinette Kit. L.R. BR. Baths Fam. Rm. Foyer Laundry Library/ Study COLOR TRIM 1 st 2nd