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Home My WebLink About1000-104.-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 m £OUNTY OF SUFI - :' HAYWATER COVE /~' ~ BROAD~VATERS COVE TOWN OF SOUT~IOLD 3 2 COUNTY OF ~, o (3-