HomeMy WebLinkAbout1000-112.-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