HomeMy WebLinkAbout1000-104.-4-9 OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Gerard Goehringer, Chair
Members of the Zoning Board of Appeals
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: February 6, 2008
Coastal Consistency Review for ZBA File Ref. No. # 6247 (Hobbs)
SCTM# 1000-104-4-9
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 second story addition is CONSISTENT with the LWRP due
to the minimal ground disturbance expected to result with the construction of the second story
addition to the existing residence.
In the event the application is approved it is recommended that gutters, leaders and drywells be
installed to comply with Chapter 236 Stormwater Management of the Southold Town Code.
The proposed expanded porch is a minor exempt action pursuant to § 268-3. Definitions., item
BB of the Southold Town Code and not subject to LWRP review. The section is included below:
BB. Additions to the landward side of an existing dwelling constituting less than 25% of the
original structure, except in a Coastal Erosion Hazard Area; [Added 6-6-2006 by L.L. No. 7-
2006]
Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written
determination regarding the consistency of the proposed action.
Cc: Kieran Corcoran, Assistant Town Attorney
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
Mailing Address:
53095 Main Road
RO. Box 1179
Southold, NY 11971-0959
Tel. (631) 765-1809 Fax (631) 765-9064
November 5, 2008
Mark Terry, Senior Environmental Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. 6247 (HOBBS)
Dear Mark:
We have received an application for additions and alterations to an existing 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, proj eot 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.
TQ:~
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: September 24, 2008
Diane & Homy Nobbs
o'o Catherine Mesiane, Inc.
12 IVfdl Pond Lane
Ea~ Moricbes, NY 11940
Please tiike notiee thwt your application dated September 22, 2008
For alterations and additions to exlsiln~ single family residance at;
Location of property $00 5tedi~d/b~e
County Tax Map No. 1000- Section 104 Block --4 Lot
Is r~um~l he~-with and disapproved on the following grounds:
~ne ~ronosed alterations and additions, on this non-conforming 27.275 sauare fon~ hu
are not oermitted nuranant to Article XXlll Section 280-122A which states:
"Nothing in this a~4.cle shall be deemed to oreveat the rernoaellno reconstruction
or e~nlaraernant ora non-conforminu building c~ntalnlno ii ~orl forminn
vmvided that such action does not create any new non-conformanco or
tl~ desnee ofnon~conformanco with rev. ard to the r,~n~l~ti,,ns ~:r~ainln o R~ anCh
The nronosed alterations and eddilions to this sln~e-familv dwellinn, notes a frOnt yard
setback of 32.2 feet. Pursuant to theZBA's interoretationin Walz/#$039}. Su~l~ a¢lditi,'mn
and altenaions will thus conatito~ an increase in the degn~
The construction is not ~-n'mitted nursuant to Article XXIII. Section 280-124~ which
states that non-con forminn lo~ 20.000 ~o 39.999 s~uare feet. ranuir~ a front yard
Based on survey by Nathan Ta~ Corwin IlL darnel'May 29, 2008, revised August 26,
2008.
Amhoriz~d $ignatar~
Note to Applicant: Any change or deviation to the above refereaeed npplieatiOn~may
require further review by the $outhold Town Building Department.
SHEET
PERSPECTIVE VIEW
M I: H'
D~WN BY: NH
SHEET NC
M C H
~;: ~.~ i ~ ~ 0
2ND FLOOR PL~
SHEET NO
I
FRONT ELEVA'I'~ON
SCALE: ~/4" ~ ~.'-0'
M C H
SHEET NO
M C H
SHEET NO
w-~' p**r .Sept~m~aer 16, 2008
~ SCALE: ly4" = 1'-0"'
sc~: U'," = ~'~ SHEET NC
Henry & Diane HolYos
800 Sterling Road
Cutcho~ue, NY 11935
Fee: $
Office
Notes:
Filed By:
Date A~signed/Assig~me~t No.
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Parcel Location: House No. 800 Street Sterling Road Hamlet Cutchogue
SCTM 1000 Section 104 Block _4 Lot(s) 9 Lot Size .626 A Zone District
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: September 24, 2008
Owner as Applicant: Henry & Diane Hobbs
Mailing Address: 800 Sterling Road, Cutcho.clue, NY 11935
Telephone: 631 734 2907 Fax:
NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder,
contract vendee, etc.
Authorized Representative: Catherine Mesiano, Inc.
Address: 12 Mill Pond Lane~ East Moriches, NY 11940
Telephone/Fax: 631 878 8951
CeU#: 631 553 3992
Please specify who you wish correspondence to be mailed to, from the above listed names:
[] Applicant/Owner(s) X Authorized Representative [] [] Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 9/2212008
FOR:
X Building Permit
[] Certificate of Occupancy [] [] Pre-Certificate of Occupancy
D 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 XXIII Section 280- 122A Subsection and XXIII - 280 - 124
Type of Appeal. An Appeal is made for:
X A Variance to the Zoning Code or Zoning Mop.
{~ 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 X has not been made with respect to this property UNDER Appeal
No. Year
Henry & Diane Hobbs
800 Sterling Road
Cutchogue, NY 11935
Page 2 of 3. Appeal Application
Part A: 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:
o The use and utility of the property will not change.
o The occupancy of the property will remain as a single family dwelling.
o There will be no change in density in the neighborhood.
o The setback of the new porch is in line with the established front yard setback, as
it presently exists, as is the 2nd story addition.
(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:
o The practical difficulties caused by the existing Site conditions preclude any but
the activity as proposed.
o Any alternate site would place the proposed addition closer to the wetlands,
sideyards and/or front yard.
(3.) The amount of relief requested is not substantial because:
o The area of the vadance requested is approx. 29.4 SCl.ft. of the roofed over, but
unenclosed porch and 186.3 se.fi, of the second story addition
o The established front setback to the existing stoop is 32.2' and is not being
reduced, nor is the existing 35.8' setback to the house
(4.) The vadanca will NOT have an adverse effect or impact on the physical or environmenta!
conditions in the neighborhood or distdct because:
Drywells will be installed to contain stormwater run-off.
Appropriate erosion control, as needed, will be implemented dudng construction.
No ground disturbance is proposed, except as required for reconstruction of front
porch.
Has the variance been self-created? ( ) Yes, or (X) No.
If not, is the construction existing, as built? ( ) Yes, or (X) No.
o The existing structure was constructed 'pursuant to... Building Permit ~6612-Z
dated 5/29/73...and conforms to all of the applicable provisions of the law."
o Upzoning occurred in 1989, at which time the setback requirements were
increased.
Additional information about the surrounding topography and building areas that relate to the difficulty in
meeting the code requirements: Approx. 40% of the site is FW Wetlands; generally level to
slightly sloping from the street(e117.7 -1 8.6) to the front of house (e118.7 - 18.9); gradually
sloping down to e113 at back of house, then sloping steeply down to the pond (FWW) approx.
el2.5. Any first floor expansion would create a greater non-conforming wetland setback and the
% of variance would be significantly greater.
This is the MINIMUM 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.
Swom to before me this
day of. 2008.
(Notary Public)
Henry & Diane Hobbs
800 Sterling Road
Cutchngue, NY 11935
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: Henry & Diane Hobbs
Date Prepared: 10122/2008
I. For Demolition of Existing Building Areas
Please describe areas being removed:
Il. New Construction Areas (New Dwelling or New Additions/Extensions):
see plans attached
Dimensions of fa-st floor extension: n/a
Dimensions of new second floor: 53' x 27.5' Irreg
Dimensions of floor above second level n/a
Height (from finished ground to top of ridge): front: 25'7"; rear: 32'4"
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: no
III. Proposed Construction Description (Alterations or Structural Changes) (attach extra
sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
I sty. frame dwelling: kitchen, living/dining room, 2 bedroom, 1.5 baths, 2-car att.
garage.
Number of Floors and Changes wrITI Alterations:
1.5 sty frame dwelling: Great Rm (Kit-DR-FamRM), LR, 3BR, 2.5 ba, Loft, att. 1.5-
car garage
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: 2489 sq.ft *
Proposed increase of building coverage: 60 sq.ft.
Square footage of your lot: actual 27,275 sq.ft, buildable area 16,109 sq.ft.
Percentage of coverage of your lot bybuilding area: 15.5% existing; 15.9% proposed
· Includes patio, deck, walk
V. Pnrpese et'New Construction: Upgrade existing dwelling
VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on
your land and how it relates to the difficulty in meeting the code requirement(s):
Approx. 40% of the site is FW Wetlands; generally level to slightly sloping from
the street(e117.7 -1 8.6) to the front of house (e118.7 - 18.9); gradually sloping
down to e113 at back of house, then sloping steeply down to the pond (FWW)
approx, el2.5. Any first floor expansion would create a greater non-conforming
wetland setback and the % of variance would be significantly greater.
Please submit seven (7) photos, labeled to show different angles of yard areas after staking
corners for new construction), and photos of building area to be altered with yard view.
Henry & Diane Hobbs
800 Sterling Road
Cutchngue, NY 11935
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
1. 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
BuiMing Permit and other ministerial permits not located within the Coastal Erosion Hazard
Area.
2. 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).
3. 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,
modified 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 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 Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTMg 1000-104-4-9
The Application has been submitted to (check appropriate response):
Town Board Planning Dept. X_.Building Dept. X_.Board of Trustees
1. 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 lxansaction)
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Peiaiit. anproval, license, certification:
Nature and extent of action:
Proposed construction of a 53' x 27.5' second stow addition to the existing single
family dwelling. No ground disturbance is proposed except for minimal
expansion of th~ front porch.
Henry & Diane Hobbs
800 Sterling Road
Cutchogue, NY 11935
Location of action: 800 Sterling Road, Cutchogue
Site acreage: .626 A
Present land usc: residential
Present zoning classification: R40
2. 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: Henry & Diane Hobbs
(b) Mailing address: 800 Sterling Road, Cutchogue, NY 11935
(c) Telephone number: Area Code (631) 734-2907
(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? NYSDEC
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 m - Policies; Page 2 for evaluation criteria.
Yes No Not Applicable
Policy 2. Protect and preserve historic and archaeological resources of the Town of
Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
Yes No Not Applicable
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold. See LWRP Section III - Policies Pages 6 - 7 for evaluation criteria
Yes No Not Applicable
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
Policy 5. Protect and improve water quality and supply in the Town of Southold. See
LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria
Yes No Not Applicable
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
Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section IH -
Policies Pages 32 through 34 for evaluation criteria.
Henry & Diane Hobbs
~0~ Steding Road
Cutch=gue, NY 1~935
Yes No Not Applicable
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and
hazardous substances and wastes. See LWRP Section HI - 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
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent 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
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
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
Policy 13. Promote appropriate use and devdopment of energy and mineral resources. See
LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria.
Yes No Not Applicable
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