Loading...
HomeMy WebLinkAbout1000-51.-1-14 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 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: August 17, 2009 Re: Proposed Wetland Permit for GEORGE YATRAKIS SCTM#1000-51-1-14 Patdcia C. Moore, Esq. on behalf of GEORGE YATRAKIS requests an Amendment to Permit #7122 to construct stairs to the beach, bluestone on sand walkway to top of beach stairs, remove remains of existing building, install drainage structure and re-grade to pitch property away from top of bank. Located: 18805 Soundview Ave., Southold. SCTM#51-1-14 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of $outhold 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 provided that the following recommendations to further the below listed policies are implemented. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff. Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. If the action is approved it is recommended that a minimum 30' wide natural vegetated buffer be required landward from the Top -of - bluff line; preserving the existin,q trees and other indigenous natural ve.qetation Any erosion/storm water miti.qat on required by the Town of Southold ZoninR Board of Appeals decision 6237 (attached); condition 1. should be constructed landward of such buffer. An example definition of a natural vegetated buffer follows: NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum pement ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. Grading of land within the buffer area shall be prohibited except as noted above. It is recommended that a covenant and restriction filed with the Suffolk County Clerk be required to memoralize the terms of the natural vegetated buffer. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in prepanng its written determination regarding the consistency of the proposed action. Cc: Lod Hulse, Assistant Town Attorney Office Location: Town Annex/First Floor. Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road RO. Box 1179 Southold. NY 11971-0959 http:#southoldtown.noflh fork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF MAY 19, 2009 ZBA FILE # 6237 - GEORGE YATRAKIS, Applicant PROPERTY LOCATION: 18805 Soundview Avenue, Southold; CTM 51-1-14 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the Stale's List of Actions, withoul further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under Ihe Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply stating that this applicalion is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a nonconforming 29,118 square foot lot measuring 99.96 feet along the Long Island Sound on the north, 297.41 feet to the east, 100.00 feet to the south, and 286.02 feet to the west. The lot is unimproved, except for the remains of a small building as shown by the July 24, 2007 survey prepared by John Metzger, L. S. BASIS OF APPLICATION: Request for Variances under Sections 280-15C and 280-116A(1), based on the applicant's amended application and the Building Inspector's July 7, 2008 amended Notice of Disapproval, further amended October 8, 2008, March 27, 20009, and Apdl 3, 2009, concerning a proposed dwelling with trellis addition and swimming pool constructed at less than a minimum of 100 feet from the top of the bluff adjacent to the L.I. Sound. AMENDED APPLICATION: An amended surveyor map dated April 3, 2009, prepared by John T. Metzger, L.S. was submitted, increasing the proposed setback from the top of the bluff from 62 feet to 90 feet for the house and from 32 feet to 75 feet for the pool. LWRP DETERMINATION: A Letter to the Board of Appeals from Mark Terry, LWRP Coordinator, was received on January 8, 2009, reporting a finding of inconsistency under Chapter 268, Waterfront Consistency Review of lhe Town of Southold Code, and Local Waterfront Revitalization Program (LWRP) standards. The letter noted lhat the distance from lhe bluff for the trellis, swimming pool, and residence (12 Page 2 - May 19, 2009 ZBA FILE # #6237 - George Yatrakis CTM 1000-51-1-14 feet, 32 feet, and 62 feet, respectively) were less than the minimum code required setback. The amended application, in accordance with the LWRP Coordinator's recommendations, mitigates the original proposal with respect to the setbacks for the dwelling and swimming pool. A letter was also received on January 5, 2009 from the County of Suffolk Soil and Water Conservation District signed by Nicole Spinelli, District Technician, recommending the installation of a berm at the top of the bluff, with a dry well to prevent runoff from flowing over the edge of the bluff, and that irrigation be kept to a minimum to minimize excess weight and stress on the bluff. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on January 8, 2009 and April 23, 2009, at which times written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests a variance to allow construction of a new dwelling 90 feet from the top of the bluff, a swimming pool 75 feet from the top of the bluff, and a ffellis 12 feet from the top of the bluff in place of the existing remains of a shed. REASONS FOR BOARD ACTION: On the basi{ of testimony pmsentad, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b{3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighbortxx)d or a detriment to nearby properties, if the pre-existing shed is removed and no trellis is constructed in that location. The placement on the lot of the dwelling aed swimming pool will be consistent with that of neighboring structures. 2. Town Law Section 267-b{3)(b)(2). The benefit of a dwelling and swimming pool where none exists cannot he achieved by some method, feasible for the applicant to pumue, other than an area variance. Placement of the house and pool at a reasonable distance from bluff would require a variance for setback from the road. 3. Town Law ~;ection 267-b{3){b)13). The proposed variance is not substantial with respecl to the house and swimming pool, for which 10 percent and 25 percent relief from code-required 100 feet are requested. A setback variance that would allow a 12- fool setback for the trellis is substantial. 4. Town Law Section 267-b{3)(b)(5). The difficulty has been self-created so far as the applicant proposes to build a new house with nonconforming setbacks. 5. Town Law Section 267-M3}¢b)(41. Evidence has been submitted to suggest that, because of the fragility of the bluff, a variance in this community may have an adverse impact on the physical or environmental conditions in the neighborhood. This'evidence has been considered in comparison with the placement of neighboring houses, and in the light of the amendments to this application. Page 3 - May 19, 2009 Z~A FILE # ~6237 - George Yatrak~ CTM 1000-51.1-14 6. Town Law Section267-b. Grant of the variance relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of the new construction, while preserving and protecting ~e character of the neighborhood and the health, safety and welfare of Ihe community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, a motion was offered by Member Simon, seconded by Chairman Goehringer, and duly carried, to DENY the variance for the trellis, and to GRANT the variances for the dwelling and swimming pool, as shown on the amended survey map dated April 3, 2009, prepared by John T. Metzger, L.S. subject to the following CONDITIONS: 1. As stated in the December 11, 2008 letter submitted from the County of Suffolk Soil and Water Conservation District, the applicant shall arrange for proper installation of a berm (with permil authorizations issued by other agencies as may be required by code provisions) located at lhe top of the bluff with a drywell to prevent runoff from flowing over the edge of the bluff. Every drywell should be installed deeper than any existing clay lenses in ~ soil profile to the extent reasonably practical to minimize the risk of groundwater seepage out towards the bluff face and subsequent erosion. Irrigation shall be kept to a minimum. (See a~tached copy of the above-refarenced December 11, 2008 letter). 2. Installation of a dry well in a location at least 75 feel from the top of the blufl or at the sides of the dwelling (subject to the Town of Southoid Storm Water Drainage Code standards) to prevent runoff from flowing over the edge of the bluff; no debds of any kind shall be discarded on the bluff face. 3. Removal of remains of building. 4. No trellis is permitted. The above conditions shell be whiten into the Building Inspector's Carrie;ate of Occupancy, when issued. Any deviation from the veriance given such as extensions, or demolilior, s which are not shown on the appl~oant's diagrams or survey ate maps, are not autho~zed under this applica~on when involving nonconformities under the zoning code. This aclion does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, o~her than such uses, setbacks and other features as are expressly addressed in this acticm. The Board reserves ,the right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degree of nonconfo~ity. Vote of the Board: Ayes: Members Go~ai~n), O~n~.,and ~;~'neider. (Absent was Member Weisman). This Resolution was duly..~d'~t~ (_4-0).//~ //,...~/~,~," / ./ ....,~.~- c.....f.~c....,' ~.......-/,...~.,...__ RECEIVED GER/A'I:~K. GOEHRINGER, CHAIRbtAN 51Z,'~/2009 Jf /' JUN , 2 2009 wn Cle~ INSTRUCTIONS ~ ~"~ X% ( proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law,,~7~ This assessment is intended to supplement other information used by a Town of Sgathold agency~_~ in making a determination of consistency. *Except minor exempt actions includir~ Building Permits and other ministerial permits not located within the Coastal Erosion H/~d Area. 2. mBienfoO/; :t~oS nW ;~, ~ t¢~; iq::: t2 [~ n;x i!~aS;~::i:n~ oC~ teh2 ~ r;oP~: e;::nt,haiisn ef~r~n: h Oh~Todwr~V~ ~hueheo~ m~pt ~.~ Local Waterfront Revitalization Program. A proposed action will be ev~uated as to its significant law. Thus, the action should be analyzed in more detail and, a determination that it is consistent to the maximum extent standards and conditions. If an action cannot be certified standards and conditions, it shall not be undertaken. beneficial and adverse effects upon the coastal area (which includes ~atl of Southold Town). 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 modified prior to making with the LWRP policy ~ _L W_~P,p_ p o l~cy .... A copy of the LWRP is available in the following 1: (southoldtown.northfork.net), the Board of Trustees Office the Town Clerk's office. Department, all Ipcal li.b. rarie~ and B. DESCRIPTION OF SITE AND i SCTM# 1000-51-1-14 PROPOSED NEW I: DETACHED GARAGE AGENT: Patricia C. Moore Esq The Application has been submitted to (check Town Board [] Planning Dept. [] Board Zoning Board Category of Town (a) tCTION SANITARY, POOL~/D ~ Road, Southold N~ 1~/~1 ~ : response): ~,/ ~t~ ~Reviewed by LWRP)_ action (check appropriate response): Town agency (e.g. capital construction, land transaction) [] (b) (c) Town of Southold LWRP Consistency Assessment Form Financial assistance (e.g. grant, loan, sub~d~y) Permit, approval, license, certification: Nature and extent of action: Construction of new house, ffarage and pool with sanitary and drainage. Location of house and pool approved by ZBA at more consistent location with LWRP. Existing remains of house to be demolished, stairs to beach constructed. Drainage with berm added, per ZBA condition, approximately 20' from top of bluff. Location of action: 18805 Soundview Avenue, Southold Site acreage: 29,118 with buildable area 19242 Present land use: existing remains of a delapidated residence Present zoning classification: R-40 nonconforming 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:George Yatrakis (b) Mailing address: 155 East 76th Street, 1C New York, NY Oyster Bay Cove, NY 11791 (c) Telephone number: ( 516 ) 624-0678 (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: __ Town of Southold LWRP Consistency Assessment Form 2 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 II1 - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): A small house was constructed at the top of the bank, it has deteriorated and will be removed. A new house, garage and pool are proposed set back from the top of the bank. The revised location of the house and pool, approved by ZBA, are at greater setbacks from the top of the bank then previously reviewed in LWRP. The adiacent properties were developed similarly. The parcel to the west has a house on the bank and also a second beach house located at the toe of the slope. Sound View Avenue is heavily developed with nonconforming homes. Proposed stairs to beach for access. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): Disturbed property with no historical archeological resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III- Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): The proposed house, pool and stairs to beach will be conforming to the residential development of the area and will not result in visual impact 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 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the proposed house is set back with the most conservative interpretation of the top of the bank. The property contains two slopes- the steep slope to elevation 36 and then a secondar~ slope to elevation 52, the adjacent properties were developed on the slope. The proposed house and pool is placed at a Town of Southold LWRP Consistency Assessment Form 3 conservative setback and with consideration to site conditions. Beach stairs proposed for access. Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP Section llI- Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): a new sanitary is proposed greater than 100 feet from the top of the bank and maximizing separation from adjoining wells. Policy 6. Protect and restore the quality and function of the Town of SouthoM ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section Ill - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): the residence will require the property to uw, rade and improve existing conditions. Drvwells and berm will capture water runoff. Policy Z Protect and improve air quality in the Town of Southold. See L WRP Section lll- Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section llI-Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The new sanitary, pool and stairs will be consistent with Coastal Policies 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 gouthold. See LWRP Section III - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Town of Soulhold LWRP Consistency Assessment Form 4 Discussion (if appropriate): The waterfront homes provide a significant economic base to Southold community. The development of this private property_ will not interfere with public access along the Long Island Sound. 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 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The proposed residence will be constructed on a preexisting lots which predates Town's regulations. Waterfront residential parcels are considered water enhanced uses which are a significant exonomic base in the community. The beach stairs provides access to water. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section Ill - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ili - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section II1- Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 dglq -2 200~ _ ~ Sin'.th dr.' Tc;'n PROPOSED' [3;~ACH ACCESS 'STAIR YATRA-KIS RE~SIDENCE _. 'SOUTH©ED NY CHORNO ASSOCIATES ' $CDHS Ret. # R10-07-0099 OT COVERAGE REA HOUSE & GARAGE ' 2259 sq. fl. OOL = 512 sq. fl 2771 scl. ft. REA TO COASTAL EROSION HAZARD ~VE ' 19,243 sq. ft. 771/19Z45 " 14.4% !OOF RUNOFF ?5 ' GAR- ~59 *1 ~ 0.17 384 cu. fl. ;84/'Z8.3 = 14 VF ~ROVlDE 3 DRYWELLS 6'~ ~ 5' Deep AREA TO BE REVEGETA TED TO BE REVEGETA TED WITH AP?ROVED METHODS AND ~P~S APPROX -2000 SO. FT. NO FILL REOUIRED EXCA VA TION FOR POOL,HOUSE, & DRIVEWAY CERTIFIED TO, sOUND SURVEY OF PROPERTY A T SOUTHOLD TOFN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000--51--01--14 SCAL~' 1"--30' JUL)' 24, 2007 Aug. I0, 2007 Ioddl#ons) AUG. ~8, ZOO7 [TOPO) AUG. 31, 2007[CERT;FICA TION$ FEB. El, ZOO8 MARC. FI fZ~ ~008 (revisions] ~y?, EO08 (reWsions] [6, EO08 (revisions] JUNE I0~ ~008 (revisions) Aug. Z~ ZO~ GEORGE YA 'rRA KIS MARIA YA TRAKIS LAWYERS TITLE INSURANC~ COASTAL CORPORA T/ON ' ~ZARO L~ 3' CL~N SAND COLL,~ 6' 8ELO~I POOL f~0 ~L. PRE(ASr SF-PT1C TA~ CROSS SECTION SEPTIC SYSTEM HOlE DATA WALl) GEOSCIENCE 7/20/07 115.00' ~: U;TUrr / POLE prop no~e '?0' ~EsT- ~z N87';O'OO'W 100.00' = OF BLUFF ESTABLISHED BY OTHERS '7VATIONS REFERENCED TO N.G. V.D. m fore,Jar wi-f~ the STANDARDS FOR APPROVAL O CONSTRUC770N OF SUBSURFACE SEWAGE :POSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ~l will obide by the conditions set forth therein ond on the "mit to construct. ~ IocobOn of wells ond cesspools shown hereon ore .m field, observotions ;;nd or from doto obtoined from others. f AL~ET~A~70N OR ADO~?ON TO THIS SURt,~Y IS A HOLATION SECTION 720~ OF THE WEW YORK STATE ~DUCA770N L~W. :~PT AS ~ SECTION 7209-SUBOIWm~V 2_ ALL CERTIFICAT~ON$ ~'EON AREI VALID FOR 'THIS MAP AND COPIES THEREOF ONLY IF' o uAP O~ COP~S B~R THE lUPRESSED SE~- OF THE SURVEYOR SOUND WEF A VENUE '(VACANT) NO CESSPOOL3 WITHIN 150' AREA = 29,118 sq. fL 1o fie //ne COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD.MAP PHOTO # 55-578-83 8 IP.C. 0~"~ (631) 765-1797 11071 1%,~f--m. · ~,