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HomeMy WebLinkAbout1000-123.-6-13 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 App~ls From: Mark Terry, Principal Planner LWRP Coordinator Date: February 9, 2009 Re: ZBA file Ref. No. 6248 (Topper) SCTM 1000-123-6-13 The proposed action has been reviewed to Chapter 268, Water[rant 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 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. The structure is proposed to be located in the FEMA Flood Insurance Rate Map (FIRM) AE8 Flood Zone; a high risk flooding area defined as - Areas with a 1% annual chance of flooding and a 26% chance of flooding over the life of a 30-year mortgage. In most instances, base flood elevations dedved from detailed analyses are shown at selected intervals within these zones. Figure 1. Topper parceL Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The distance from the bulkhead to the proposed action is approximately +/- 40 feet; a minimum setback distance of 100 feet from the wetland boundary (bulkhead) is required pursuant to Chapter § 280-116. Building setback requirements adjacent to water bodies and wetlands which states: B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than'sounds shall be set back not less than 75 feet from the bulkhead. To further Policy 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands it is recommended that the following best management practice (BMP) is required: 1. Require a minimum 10' non-turf, vegetated buffer landward of the bulkhead. 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 266, 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 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 13, 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. #6248 (TOPPER, L.) Dear Mark: We have received an application for construction of a new single family dwelling & non- conforming accessory building (after demo), 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.Secti6h'268-5D. Thank you ...... Very truly yours, Encls. Gerard P. Goehringer Chairman FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVED NOV ! DATE: Se AMENDED: October 10, 2008 TO: Topper 3605 Camp Mineola Road Mattituck, NY, 11952 Please take notice that your application dated February 26, 2008 For renewal of a permit for demolition of an existing single family dwelling and an existing non- conforming accessory, building and construction of a new single family dwelling and non- conforming accessory, building at Location of property: 3605 Camp Mineola Road, Mattituck, NY County Tax Map No. 1000 - Section 123 Block 6_ Lot 13 Is returned herewith and disapproved on the following grounds: The proposed construction, on this 33,126 square foot parcel, in the Residential R-40 District, is not pursuant to Article III, Section 280-12, which states, "In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:" "A. Permitted uses." "One-family detached dwellings, not to exceed one dwelling on each lot." In addition, the proposed new single family dwelling is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring between 20,000 and 39,999 square feet in total size, require a minimum single side yard setback of 15 feet and a total side yard setback of 35 feet. Following the proposed construction, the dwelling will have a single side yard setback of 10 feet and a total side yard setback of 30 feet. In addition, the proposed dwelling is not penuitted pursuant to Article XXII Section 280-116 B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkh_gad~ The proposed construction is noted as bein~from the bulkhead. This Notice of Disaol~royalreflects the most recent survey, updated 7/30/8~ John C. Ekler~, LS affd~4da'~by Davi~Bers, Architect~ dated 7/6/8. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Catherine Mesiano (Topper) 12 Mill Pond Lane East Morlchcs, NY 11940 DATE: May 19, 2008 Please take notice that your application dated February 26, 2008 For renewal ora permil for ~i~t~01i~ion 0fan exi.qtin!~ single fmnilv dwellin~ and onn%mcfion ocs new sinele family dwellin~ and the relocl~.lion qffan existing non-conformina a¢CeS,'~r¥ corral, at Location of property: 3605 Camp Mineola Road, M..attituek. NY County Tax Map No. 1000 - Se~on 1~3 Block 6 Lot 1.~3 Is returned herewith and disappmv,d on the following grourds: Thc Dronoscd vroicet, on this 33.126 sauare foot nm-cal, in the Residential R~40 District. is not p. umuant to Art.._icle Ill. Section 280-12. which ~ta~, "la A-C, R-g0. R-I.2Q, R~200 and R-400 Districts. no buildinil or premises shall be u~¢d and n,', building or part of a building shall be erected or altered which is iurangnd, imc.nded or designed to be used. in whole or in hart. for at~y uses except the follow~ng:" .' 0n~-famil¥ detached dwelliq?~ not to exc~d one dwelllraz on each 1ol7' The relocated accessory cottage conmitutes a second dwelling unit. In addition, the prolmsed new sjrtele family dwelline is n0[ mrmitted ~ursuant ~0 Article XXIII Sectk,. 200-124, which.states that non-conforming lots. meaqurlmt between ~0.000 an0 ~9,999 souare feet i,, total size. rcqu!re a minimum sinele side yard sethac}g Of ! 5 feet and a total side yard setback of 35 feet. Following the nro~osed constr~fion, the dwelling will have a single side yard total side yard setback of 30 f~l. In addition,.Ihe nrom?sed dw~llln~ is not permitted pursuant to Arti01e XXII Seetioii 280-116 B, which states~ 'All. buildings located on lots upon which a bulkhea~ concrete wall. rivrao or similar stmctla,~ exists ~tld which ' ' ' , are adlaeent to Udal water bodtes other than sounds shall be set back not ~.,., than s~venty-five (?5) filet from the buikheed." The proposed construction is noted as being +/- 40 thet from the bulkhead. This Notice of Disaooroval reflects the most recent survey, undated 7/30/8. John C. Eh!ars. LS. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Office Notes: Filed By: For Office Use Only Date Assigned/Assignment No. House No. 120 .Street Terry Path Hamlet Mattituck SCTM 1000 Section 123 Block 6 Lot(s) 13 Lot Size 33,126 sq. ft.Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED May 19, 2008 BASED ON MAPDATED 07/30/08 Amended-October 10, 2008 Applicant(s)/Owner(s): Lewis Topper MailingAddress: 220 E 65 St. Apt. 19G. New York. NY 10065 Telephone:~18) 22 - Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc~ and name of person who agent represents: Name of Representative: Charles R. Cuddy for (X) Owner, or ( ) Other: Agent's Address: PO Box 1547, Riverhead, NY 11901 Telephone 369-8200 Fax #: 369-9080 Email:charles. cuddy@verizon.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED 2/26/08 FOR: ~] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII Section 280- 12~ Subsection Article XXII XXIII 280-12 Type of Appeal. An Appeal is made for: Y~] A Variance to the Zoning Code or Zoning Map. [] 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 appeall~ has, [] has not been made at any time with respect to this property, UNDER Appeal No. 1400 Yea r 1971 . (Please be sure to research before completing this question or call our office for assistance.) please see attached Certificate of Occupancy dated July 19, 1967 Section 280- l16B RE: Lewis Topper 120 Terry Path, Matlituck SCTM # 1000 123-6-13 Page 2 of 3. Appeal Application Pad 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: The use and utility of the properly will not change The occupancy of the property will remain as presently exits under effective CO's There will be no change in density in the neighborhood Similar upgrades have been undertaken in the area. The improvements, as exists and as proposed, conform to the neighborhood (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 o The alternative to granting of variances requested is renovation of the existing dwelling in place and relocation of the septic system and accessory structure. To re-construct the single family dwelling >75' from the bulkhead would have a negative impact on the value Of lhe property upon completion. The structure would be considerable landward of the neighboring houses and of the houses in the area in general. The waterview from the house would be diminished, having a negative impact on the property value. (3.) The amount of relief requested is not substantial because: o The subject site is non-conforming and the existing structures have Certificates of Occupancy. o The proposed project will result in the same use and occupancy as presently exits; degree of non-conformity will be decreased (4.) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Drywells will be installed to contain stormwater run-off. The non-conforming existing septic system will be removed and a conforming system will be installed (per SCHD approval - pending). Appropriate erosion control will be implemented during construction (5.) Has the variance been self-created? ( ) Yes, or (X) No. If not, is the construction ex st ng, as built? ( ) Yes, or (X) No. Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: 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. Sworn to before me this ~z~.day of ~-. 2008. (Notary Public) ~lOtal~ Public, State of New York No. 01KO6088386 _ Oualified In Suffolk Coun~ * ~ ~ires M~h 3, 2011 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Lewis Topper Date Prepared: October 8, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: Demolition frame cottage of a 2-story frame house and 1 1/2 -story II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 1,174 sq. ft.-house; 336 sq. ft .-boathouse Dimensions of new second floor: 7K7 Dimensions of floor above second level: N/^ Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A III. Proposed Construction Description (Alterations or Structural Changes) (attach exhm sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: existin~ 2-story house and 1 l/2-.qtory frame cottage Number ofFloors and Changes WITH Alterations: nroposed 2-story house and 2-story accessory structure (boathoume) IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,012 sq. ft.; proposed 1,804 sq. ft. Proposed increase of building coverage: 0 Square footage of your lot: 32,044 sq.ft. Percentage of coverage of your lot by building area: existing- 6.2%; proposed-5.7% with driveway-15.1%; proposed-14.6% V. Purpose of New Construction: Upgrade the existing improvements 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): Generally flat topography; waterfront on Great Peconic Bay 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. 7/2002; 2/2005; 1/2007 5URVF¥ OF PROPERT'¢ 51TUA'f'E~ HATTITUGK TOPIN~ 50UTHOLP E~Ut=FOLK-. COUNTY, NY UPPA'r~ 2-06-200/5, 2-11-2006, 0~-50-200~ ROOF (DP~LLIN~) I~I~ELLINI~ ROOF AREA IIq5 11~5 X O.17 X I.O - 205 C,J=. PC)OF (~ARA~E) SITE DATA: SEPTIC S'YSTENI DETAIL N SEPTIC DESI®N JOSEPH FISCHETTI, PE 1~25 HOBART ROAD SOUTHOLE2, N.Y'. ~1-7C, 5-2q54 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-JJ~.%Compaqserv¢fipros%05%05-350 srrEPLAN UPDATE 063008.pro ®r~Ot 2.1 pEcoNIC 5URVE'r' OF PROPERTY 51TUATE.' HATTI'll, K tOl' .' . : UTHOLD 5UF. FOLK OUNTY, NY I~ST HOLE ~ 6~:~6IENCE 11-2~-2001 5(JrRVETED 10-tl-200'/ UPDATE 2.-0~-200~, '%11-2006, 2-15-2OO~, O~-~O-2OO~, O1-2q-2oo5 O';-~D-2OO6 SUFFOLK C, OUN'T~ TAX # I000- I~-~- I~ LEW~ B. TOPPER ~d%RGAP. ET BANK OF AM]~JCA, N~ F~RST AM]~JCAN 'rJlLE ]NSUP. ANCE COMPANY OF NE~¢ YOR[ DRAINA(.~(5 C, ALC,ULATION~, ROOF I~Ht=! ! IN~ ROOF At~A IIq5 5.F. IIq5 X 0.11 X 1.0 2~ / 4224 = 4~1 VL.F. 2 8'~" PlA. X ~'~' ~ V.L.F. ROOF (eARAeE) ~0 X 0.1~ X 1.0 = I0~ C.F. 101 / 4224 = 2.54 V£.F. REd. RED I ~'-0" DIA. X ~'-0" ~=TH DRAINAGE POOL5 ~ MLF. PP~VIDED PALE FI~ ~ , HON[HENT FOUND ELEVATION5 P.~i:~;-a:::'NCE 5t~"TOLK ¢_,(2t,,'NT~ TOPO FLOC~ ZONE5 ~ N,~,K~I'A~Eu F-P4DH FIt~J,4 MAP No. ~,1C~462 H PATED MAY 4, IqqE~ AREA = E.~,I2~ &F. or' O.lf:,Q Acre At;~.A EXC, L!.J~IN~, AI~:A .SEAP'~RD P~OP©SEE~ AGTION~ IN P. ED DATA: SEPTIC S'YSTEH DETAIL ,,= ~..-~oo'.-.~ NOT TO ~GALE N S % E SEPTIC E~ESI®N JOSEPH FISCHETTI, PE I-/25 HOE~AP-.T ROAE? SOUTHOLP, N.Y. ©51 -~',¢:;75-2q54 516-848-6-/84 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-~lL\\Compaqm-ver~Fos\05%05-350 SfI1~I'LAN UPDATE 063008.pm