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Home My WebLink About1000-112.-1-2 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 Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner ~,.~'Q~2_~ LWRP Coordinator Date: March 18, 2009 Re~ ZBA file Ref. No. 6261 (FRAWLEY) Location: 4545 Hallock Lane (a private road), Mattituck SCTM 1000-112-01-02 This proposal is for a request for variances pursuant to the Building Inspector's November 3, 2008 Notice of Disapproval and Zoning Code Interpretation # 5039 0Nalz Application), citing Code Sections 280-112 and 280-124 for the minimum required side yard setbacks on nonconforming lots (51,955 square feet in this R-80 Zone). The applicant is proposing a new dwelling at less than 20 feet on a single side yard and less than 40 feet for total side yards. The proposed action 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 CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. 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: Jenifer Andaloro, Assistant Town Attorney LOI'IG IS~I'11),,,., FUl'il) SURV£Y OF PROPERTY situate et MATTITUCK Town Suffolk S.C.T.M. # Scale 50 0 of Southold County, N.Y. 1000-112-01-02 1"= 50' March 6, 2007 GRAPHIC SCALE 25 50 1~ 200 TH.:' EXISTENC£ OF RIGHTS OF' WAY AND OR/EASEMENTS OF RECORD IF ANY, NOT SHOWN ARE NOT GUARANTEED. Note: ALL SUBSURFACE STRUCTURES; WATER SUPPLY, SANITARY SYSTEMS. DRAINAGE, DRYWELLS AND UTILITIES, SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY ~S A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY, GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. GUARANTEES ARE NOT TRANSFERABLE. RM ~o ~ o~m, 09-26-08 J/¢/ o~ ~o... 08\560-08 560- 08 ~Er ~ LAND SURVEYING SUBDIVISIONS TITLE &~ MORTGAGE SURVEYS TOPOGRAPHIC SURVEYS LANB PLANNERS SITE PLANS JOHN MINTO, L.$. 93 SMITHTOWN BOULEVARD PHONE: (6.31) 724-48.32 FAX: (63~) 724---5455 SMITHTO~N, N.Y. 11787 ( IN FEET ) 1 inch = 50 ft. AREA= 5/,977 $.F. to Long Island Sound Tie Line OR 1.1 ACRE Certified to: BRIAN T. FRAWLEY STEWART TITLE INSURANCE COMPANY '.1..--',,, %'-3' EOUND A V~NUE Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6261 (FRAWLEY) Dear Mark: We have received an application for demolition of existing and construction of a 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. Town of SouthoM / A. INSTRUCTIONS I. 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 Building Permits 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 mi~or action list, policie~ and explanations of each policy contained in the Town of Southold Local Waterfront Revitali?~tion Program. A proposed action will be eva!u~t~ as to its .beneficial and adverse effects upon the coastal area (which includ~ all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus. each answer must be explained in detail~ l~ilug both supporting and ~. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be nnd~en A copy of the LWRP is available i~ the following places: online at the Town of Southold ' s ~o~ub, ',si~.. (so. utholdtown.northfork.net), the Board of imranes and the Town Clerk's office, i ' ~ ~,~ DESCRIPTION OF SITE AND PROPOSED ACT/ON eROJ Cr The Application has been submitted to (check appropriate response): Town Board 1. (b) (c) Nature and extent of action: ~ Planning Board [-~ 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 transaction) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Building Dept. ~-~ '~ .................. ~ Location of action: Site acreage:. Present land use: ~t ~16,1/o Presem zoning classification: ff 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: (b) Mailing address: (c) Telephone number: Area Code ( )~ (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? 'fye ,w ieh teorfed ra, agenc C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserve~ open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section IH- Policies; Page 2 for evaluation criteria. [~Yes ~ No ~-~ Not Applicable Po~ 2. Protect and pr~e~e h~to~c and archaeolo~c~ r~ourc~ of the Town of Southoid. See L~ Section ~ - Polici~ Pag~ 3 through 6 for ev~uafion criteria Attach additional shexts if nece~av~y Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria Yes No Not App"cable NATURAL COAST POLICIES Policy 4. MinimiTe loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ill - Policies Pages 8 through 16 for evaluation criteria ~ Yes ~ No ~ Not Applicable A~ach additional sheets if nece~ary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LwRP Section HI - Policies Pages 16 through 21 for evaluation criteria yes V~ No ~Not Applicable Altach 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 HI - Policies; Pages 22 through 32 for evaluation criteria. ~Yes' No Not Applicable Attach additional sheets ifn~ry Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section HI - Policies Pages 32 through 34 for evaluation criteria. Yes F~ No ~, Not Applicable At.ch additional she¢~ if necessary 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 HI - Policies; Pages 38 through 46 for evaluation criteria. ~ Ves~ No'Not Applicable Atlach additional sheets ifne~sm-y WORKINO COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH- Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long I~land Sound, the Peconic Estuary and Town waters. See LWRP Section HI - Policies; Pages 57 through 62 for evaluation criteria. J~Yes ~ No [] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. ~Yes [--~ No ~-] Not Applicable ,,-.. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH-~ Poficies; Pages 65 through 68 for evaluation criteria. ~L~es ~-] No [-'] Not Applicable PREPARED BY FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 3, 2008 TO: Brian T. Frawley C/O Frederick R. Weber, Arch. 41 East Maple Rd. Greenlawn, NY 11740 Please take notice that your application dated October 27, 2008 For permit to demolish existing single family dwelling and construct a new dwelling at: Location of property: 4545 Hallock Lane Mattituck, NY CountyTax Map No. 1000- Seetion 112 Blockl Lot2 Is retumed herewith and disapproved on the following grounds: The proposed demolition of and construction of a single family dwelling~ on a non- conforming 51,977 square foot lot in the Residential R-80 District is not permitted pursuant to Article XXIII Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The proposed single family dwelling notes a single side yard setback of 12 feet and a total side yard setback of 27.5 feet. Pursuant to the ZBA's interpretation in Walz (#5039), such construction will constitute an increase in the degree of non-conformance. Pursuant to Article XXIII Section 280-124, non-conforming lots, measuring between 40,000 and 59,999 square feet in total size, require a minimum single side yard setback of 20 feet and a total side yard setback of 40 feet This Notice of Disapproval was written based on plans signed by Frederick R Weber, Architecl,.dated Auu. 30, 2008. Authorized Signature Note to Applicant: Any changes or deviations in the above referenced application may require for review by the Town of Southold Building Department. Cc: file, ZBA APPLICATION TO THE SOUTHOLD TOWN ZONING BOARD OF APPEALS Fee: $ Office Notes: __ Filed By: For Offw¢ Use Only ~ ~,~ Date Assigned/Assignment No. Parcel Location: House No.~c~Street ~/~lAx:~- ~ Hamlet ~'1,911 SCTM 1000 Secfion~t~- BlockO| Lot(s) Ot)... Lot Size(_lA~ ~')Zone District I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: I,U~.~ for ~ -r. % Applicant/Owner(s): ~F~ *A~I Mailing Address: IqT~ ~. I0-~T. ~A~.0.Ax ~ ~t-'(.~ ~,,L'~. Telephone: ~t~lq.~ ~-~%~') Fax: ~ NOTE: If applicant is not the owner, state below if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. authorized Representative: ~q;wJ~. ~'ff:~Q,: Address: '~t ~. ~,'X/-yt~ g,~'/~a>~ (aF,~V,I~) VI,~. Telephone:~.~ Fax: ~,1~%~ 0-~ '~ Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) ,~Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~,i0'~/. FOR: ~xBuilding 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 and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article ~,w~"~T~_ SectionJ,O~-tL~o Subsection ttLq-' ~ ~l' Type of Appeal. An Appeal is m. ade for: . ~A Variance to the Zoning Code~r_Zomn~ Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. LJ Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has~,bas not been made with respect to this property UNDER Appeal No. Year__(for current and all prior owners ). REASONS FOR APPEAL (additional sheets ma~ be used with applicant's signature): AREA V,4RIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: There will not be an undesirable change in the character of the neighborhood, because the existing vinyl-sided production style house will be replaced with a new house constructed in a wood shingled/cottage style and an architectural design to enhance its appearance. Setbacks will remain the same or increase from the existing 2-story house which has stood on this site since 1990. (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 house constructed on the property was not designed for the site or views and needs to be reconfigured. The constmctiun should be upgraded to meet new building codes. The existing lot is large (1.19 acres) and quite deep (700'), but ext~'¢mely narrow (75'). With the required combined sideyard setback of 40', the overall house width would be restricted to 35', limiting the views and adversely affecting the value of the house. (3) The amount of relief requested is not substantial because:The amount of sideyerd relief requested is less than the existing house currently requires. The existing setback from the east property line is being maintained at 15.5'. The new footprint of any additional enclosed space is setback the required 20' fi'om this east property line, The main body of the proposed house is setback 15' from the west properly line (with small projection to a 12' setback). Both setback dimensions are ~reater than the current 9.6' sideyard setback. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The variance request will not adversely affect the neighborhood since an existing 2~story house has stood on this site since 1990. Houses along this Long Island Sound front are generally setback side by side so that no north water views are obsh'ucted. Fences and landscape features are already in place to minimize impact. (5) Has the alleged difficulty been self-created? (>~Yes, or {~No. Does this variance involve as-built construction or activity? ( ~ yes, or ~ No. The narrowness of the existing lot is the main difficulty which results in this variance request. (A house with less width could be designed, but this would greatly limit views.) 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 ATT. dCHED USE VARIANCE SHEET: (Please be~sult~ur a~,~ey.)~ Signature of Appellant (Agent must submit written Authorization from Owner) Sworn~obefore methis /qY- ~ ofC3,~ o ,20~_. No~tary P~[blic No. 01PI~O4~L~3 Qualified in Rid~mond ~_.,~, APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant :~~a~i~.~ I. For Demolition of Existing Building Areas Date Prepared: gaoO, q-~,Q, gao~ Please describe areas being removed: 1I. New Construction Areas ~New DwellinR~r New Additions/Extensions): Dimensions of first floor extension: ~.~,..f~tt ~o~p~., D~menstons of new second floor: ~--6g ~j~l~ Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above measured from natural existing grade to first floor: I~g~l~tq~.- III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footag~ of buildings on your property: Proposed increase of building eoveyaage: ae~,°~ ~F. (~:~.~.., F~,,~ Square footage of your :lot: ~J ~'l~. ~F. [ I. ~ ~ ~t./~a.~. Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difflc~ulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show ali yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002: 2/2005; 1/2006 QUESTIONNAIRE FOR FILING WITH YOLrR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale9 [] Yes ]g~No Are there any proposals to change or alter land contours? 0 Yes JS~No 1) Are there any areas that contain wetland grasses? ~IP 2) Pa'e the wetland areas shown on the map submitted with this application? - 3) Is~:~roperty bulkheaded between the wetlands area and the upland buil~in~area.~ 4) ~fyour property contains wetlands or pond areas, have you contacted the office of the ?'owp Trustees for its determination of jurisdiction? Please co ln~_utry 9r application with the Trustees- ~ ~J~t~te. ~ ~ gn~.~.trm s. ta_rus oi yoqr ~- . _ , .~ .? ....... ,,. u,. area oi proposed construction at or below five Arc there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? },,IC::~ (Please show area o£ these structures on a dia~am if any exist. Or state "none" on the above line, if applicable.) I)o you have any construction taking place at this time concerning your premises? [~,O If yes, please submit a copy of your building perm/t and map as approved by the B~g - Department and describe: u honzed ~i~'-ture and Date G. Do you or any co-owner also own other land close to this parcel? ~ If yes, please label the proximity of your lands on your map with this application. H. /Please list present use or operations conducted at this parcel and proposed use (examples: cxis6ng: single-family; proposed: same with garage.) 2/05