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HomeMy WebLinkAbout1000-14.-2-3.6 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 To: From: Date: Re: LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Gerard Goehdnger, Chair Town of Southold Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator July 17, 2009 ZBA# 6299 0NILLIAM E. HAMILTON) Location: 2670 Grandview Drive, Orient SCTM# 1000-14.-2-3.6 NOTE: The proposed action is subject to Town of Southold PlanninR Board Covenant and Restrictions WILLIAM E. HAMILTON #6299. Requests for Variances under Sections 280-4(B), 280-18, and 280-116A(1 ), based on the Building Inspector's revised Apdl 8, 2009 Notice of Disapproval concerning a proposed swimming pool, deck, and raised patio construction, which new construction areas will be: (a) less than 100 feet from the top of the L.I. Sound bluff or bank, and (b) greater than the code-limitation of 20% lot coverage on this +/- 29,406square feet of buildable land. 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 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. E. 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 perpetual, natural buffer be required seaward from the metal fence to the toe of the bluff. , 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 percent 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 pedod 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: Figure 1. Subject parcel. It is also recommended that a pool dewatering well be required. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its wdtten determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 15, 2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6299 (HAMILTON) Dear Mark: We have received an application for additions and alterations, 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. FORM NO. 3 NOTICE OF'DISAPPROVAL TO: Patric4a Moore, Atty. For William E. Hamilton 51020 Main Rd. Southold, NY. 11971 DATE: March 23, 2009 Revised: April 8,.2009 Please take notice that your application dated Maroh 13, 2009: For pcmit .to construct imground swimming pool, deck and raised patio at: Location of property: 2670 C~randview Dr., .Orient, NY County Tax M~p No. 10O0 - Section 14 Block 2 Lot 3.6 Is returned herewith and disapproved on tho following grounds: The t)roDosed construction, on this conforming 1.14 acre waterfront lot in the District, is not permitted pursuant to Article XXH, Section 280-116(A)(1 ), whie. h states "All buildings or structur~ located on lots adiacont.to sounds and ut~on which them exists a blulTor bank landward of the shore or beach shall be sol back not fewer than 100 feet from thc top of such bluff or bank." The ~ot~ose. d construction i~ shown at 75 fe~ +/- from existing bluff. Additionally, pursuant to Art. I, Chapter 280-4(B), definition ofbuildablc land, this lot contains 29,406 +/- sq. lt. ofbuildable land, thus pursuant to Article IV, Chapter 280-18~ (Bulk Schedule). lot coverage shall be 20%. th~'existia, g lot coverage is 22.7 %, with the, vrovosed construction the lot coverage will be 27.6% This disapproval is based on. sit~ vlan by Joseph Fischetti, PE, dated Jan, 11, 2009, Vicki Totb CC: file, Z.B.A. Note.to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. HILLEBRAND LAND SURVEYING P.C. I I Churchill Lane Smithtown, New York 11787 Phone: &31-543-5139 Fax: 631-543-0063 Email:mapmahers@optonline.net FAX TRANSMITTAL FORN Name: Organization Name/Depc CC: Phone number:. Fax number. Urgent For Review Please Comment Please Reply Frortt Michael Hillebmnd Phon~ 631-543-5139 Fa~c 631-543-0063 Email:mapmakers@optonline.net Time sent: Number of pages including cover page: J~Je~a~e: $.~. PLEASE CALL IF YOU HAVE ANY QUESTIONS. ~¢' o ~ ~ o '-:" DATA TAKEN FROH SURVEY BY: ~: (~) HILLEBR~D ~ND SURVEYING, P,C. S~ p~ ~ ~ ..... 1~ CHURCHHILL ~NE SHEET NO:  SM~HTO~N, NY FINAL SURVE: FOUNDATION PLAN ,~ FLOOR PLAN SHEET ¥-¥ NO~ I ~]S ce Notes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS -- Filed By: Date Assigned/Assignment No. HouseNo. 2670 .Street Grandview Drive Hamlet Orient SCTM 1000 Section 14 Block 2 .Lot(s) 3.6 Lot Size 1.14 Zone R=40 1 (WE] APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED April 8, 2009 BASED ON MAP DATED Fischetti P.E. site plan January 11~2009 and survey Inst dated March 31,2009 . A pplica nt(s)/Own er(s): William Hamilton Mailing Address: 2670 Grandview Drive, Orient Telephone: 212-682-2710 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's aRorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road~ Southold NY 11971 Telephone 631-765-4330 Fax #: 765-4643 Email: pcmooorel~i~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: []Applicant/Owner(s),or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED January 11, 2009 AN APPLICATION DATED March 13, 2009 FOR: X Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article_XXIl.~ Section 280-_ Subsection_116 (A)(1) Setback from top of bluff Article I Section 280-4(B) (buildable land) Article IV~ Chapter 280-18 (lot coverage) Type of Appeal. An Appeal is made for: '~ A Variance to the Zoning Code or Zoning Map. [3 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 F. has, has not been made at any time with respect to this property, UNDER Appeal No. 5319 Year 2003 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: William Hamilton ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature}: 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: Both to the east and west, the adjacent parcels have constructed pools. The applicant has obtained approval from the Southold Town Trustees to construct a pool at 80.3 from the top of the bluff and staircase down at 70.6 feet from the top of the bluff. The setbacl~ are shown on a map prepared by Joe Fischetti, PE dated January 11, 2009. The subject property is Plot Plan of Lot 2, Map of Grandview Estates at Orient filed June 8, 1982. The property was developed with a single family dwelling, the deck required a variance in 2003. The variance was granted in Appeal 85319 to the developer. At the time the developer requested a pool but the house was under construction, the property was causing erosion and the ZBA denied the variance for the proposed pool. Twenty years later, the property is well vegetated, the house contains proper drainage and causes no-erosion either to the bluff or to the street. The homeowner was not aware of the Zoning Appeals since he purchased a completed house in 2005. The circumstances and existing conditions are quite different twenty years later. The owner had originally considered locating the pool on the side yard but this resulted in much greater disturbance to the land adjacent to the bluff. The proposed pool is integrated into the existing deck, will be elevated at the level of the existing deck, an infinity pool, with a spillover area is proposed. The pool will contain a dry well and buffered equipment, The parcel is a subdivision lot showing 49,515 square feet, it is similarly sized to other lots in this subdivision. Both adjacent parcels have similarly designed pools.(as shown on the enclosed Google Maps) The change to the definition of buildable land has made this parcel nonconforming with regard to "lot coverage", the existing lot coverage of the house and deck is 22.6%. The elimination, through definition, of the land seaward of the Coastal Erosion Hazard Line makes every lot in this subdivision similarly nonconforming (less than I acre) they are nonetheless taxed as one acre waterfront. The top of the bluff is seaward of the Coastal Erosion Hazard line. The proposed pool and decking requires a lot coverage variance of 27.5%. When the parcel was developed, as a Planning Board approved subdivision, the proposed pool would be permitted at 16.3% lot coverage. It is worthwhile to note that the Coastal Erosion Hazard llne is an approximate line provided by NY State on the Coastal Erosion maps and was not intended to provide an accurate measurement for Lot Coverage calculations. (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: In 2007 the owner began to design alternative pool locations. The location pursued in 2007 placed the pool within the existing deck in the corner. However, this location of the pool required relocation of the sanitary system. A sanitary system was designed to conform to Health Department standards, located a minimum of 150 feet from neighboring wells and a minimum of 65 feet from the top of the bluff. The sanitary system which required no variances at 65 feet from the top of the. bluff would result in greater disturbance to the property adjacent to the bluff and subsurface draining of the sanitary system within a proximate distance to the bluff. This proposal, while providing an alternative to the applicant which required a lesser variance for the pool and lot coverage variance for the existing deck. This proposal received approval from the Southold Town Trustees. This alternative was not the environmentally optimal proposal. The owner, preferring to lessen the impact to his property began working with Creative Environmental, Mr. Fischetti PE and Pat Moore Esq. to prepare a pool plan which was integrated to the extent possible into the existing deck and required no relocation of the sanitary system. Due to the previous zoning decision which recommended considering reasonable alternatives, the proposed pool is a be~er plan than the plan which required a smaller variance for the pool but resulted in greater disturbance and long term impact to the bluff. (3) The amount of relief requested is not substantial because: Grandview Estates subdivision was created in 1982 and the individual lots are more than one in size as shown on the map. The land area landward of the Coastal Erosion Hazard area is 29,406 sq.ft. This reduction of the land area, by definition, makes the existing lot preexisting nonconforming. The existing structures are made nonconforming as to lot area (22.6%) and the proposed pool, patio and spa increases the lot coverage by 4.9%. Under the development plan of the subdivision map the proposed pool, patio and deck 16.3%, thus conforming. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The house was constructed 100 feet from the top of the bluff and the deck was granted a variance in 2003 to be located 89 feet from the top of the bluff. At the time the builder applied for a variance for the pool, the property was under construction, the construction was causing erosion. The property slopes toward the road so there would be no drainage impact to the bluff. The property is heavily vegetated, maintains dry wells and is under the maintenance of Creative Environmental which monitors the bluff vegetation and professionally maintain.s the property. The proposed pool, patio and spa is the least environmentally damaging alternative, the alternative plan required construction of the sanitary in the rear yard within 65 feet from the top of the bluff and would impact the physical & environmental condition of the property. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No. Alternative plans were pursued, but the proposed plnn, while requiring a variance, is environmentally sound and conforms to the character of the neighborhood. Are there Covenants and Restrictions concerning this land: =' No. [] Yes O~lease Furnish copv). 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 PARLANCE IS BEING REQUESTE~D~-~i~D PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to c~~ . Sig~f Appellant or Authorized Agent Sworn to before me this ~ ~']~ (Agent must submit wriffen Authorization from Owner) day of ~t?~-IC-, 20 Oc/' . MARGARET C, RUTKOWSK] Notary Public, State of New York No. 4982528 Qualified In Suffolk County_ Commission Expires June 3, APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: William Hamilton Date Prepared: March 31, 2009 I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): modification to existing deck, construct pool and patio 80.3 feet from the top of the bluff Dimensions of first floor extension: deck cut back to construct pool Dimensions of new second floor ( no change) 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 ground) . measured from natural existing grade to first floor: II1. 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: ~existing deck received a variance setback from the top of the bluff, pool and above grade patio proposed at less than 100 feet from the top of the bluff. Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): letter from surveyor & engineer attached to notice of disapproval existing dwelling: 4340 sf front porch 337 sf 2nd floor balcony 37 sf existing deck 1,589 sf wood steps 114 sf roof at southwest corner (less overlap) 225 total: 6,642/29,406 = 22.6% lot coverage Proposed increase of building coverage: Pool, patio & spa 8,275 ( less overlap of deck area}: 8,085 s.f. / 29,406 = 27.5% Square footage of your 1ot:__29,406 sq.ft._to CEH line - note an additional 20 feet to the top of the bluff (20' x 170' = 3,400 sq.ft.} Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: construct a pool, patio and spa VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _vegetated adjacent to the Long Island Sound, CEH line is landward of Top of Bluff, this proposal received a permit from Southold Town Trustees Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS (Hamilton 1000-14-2-3.6) 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 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 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 SCTM#1000-14-2-3.6- construct pool to existing deck all alterations and new construction landward of Coastal Erosion Hazard Line and top of bluff. The Application has been submitted to (check appropriate response): Zoning Board X~ Town Board Planning Dept. Building Dept. Board of Trustees ~X 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) __ (b) Financial assistance (e.g. grant, 10an, subsidy) __ (c) Permit, approval, license, certification: Nature and extent of action: Previous approval to construct pool and replacement sanitary system. Redesign of pool does not require relocation of sanitary. Pool part of existing deck but requires extension toward top of bluff. Haybales along top of bluff during construction and drywells for pool equipment Location of action: 2670 Grandview Drive, Orient Site acreage:.5 acres Present land use: improved residential Present zoning classification: R-40 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: William Hamilton (b) Mailing address: 35 Mt. Vernon Street, Ridgefield NJ 07660 (c) Telephone number: Area Code ( 212 )682-2710 (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: 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 III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable proposed pool location will cause less disturbance then previously approved permit to relocate sanitary system in same general area. Proposed pool will be set back no closer then 65 feet from top of bank. Bank is stable, vegetated and set hack significantly from edge of tie line on Long Island Sound. See previous approval, current survey and plans in file. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable Existing developed site- fully developed area. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable Attach additional sheets if necessary 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 The proposed pool will be constructed to be elevated at the level of the existing deck. The project is engineered by Joseph Fischetti, PE to assure no advers impact on life, existing structures and natural resources. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III ~ Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable All construction will meet current stricter standards. Attach 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 III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable The Trustees require haybales during construction. Drywells for pool equipment will be provided. All other existing structures (house and landscaping will be retained.) The property is protected by stable vegetation. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable Property is presently developed with a two story single family dwelling, deck and approved for a pool and relocated sanitary system. 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 Attach additional sheets if necessary 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 property is a waterfront parcel with a single family dwelling. Attach additional sheets if necessary 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 Construction of pool will be done with current environmental regulations. Proper protection of bluff with haybales and protection of water runoff, Bluff face and toe are stable and vegetated. Attach additional sheets if necessary 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 Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable N ¢01 p soU P 170.( AREA 49'5 ' ASPHALT DR/YE TWO 5TORY · AND FRAME FD. FEi'~CE BOX BUILD/NE OFFSETS MEASURED TO THE FOUNDA T/ON SEPTIC SYSTEM. WATER LINE AND DRYWELLS PER OTHERS 908.83' SURVEY OF LOT 2. MAP OF GRANDVIEW ESTATES AT ORIENT F/LED JUNE 8. 1982 FILE NO. 7083 SITUA TED A T ORIENT. TOWN OF SOUTHOLD. SUFFOLK COUNTY. NEW YORK EASEMENTS AN/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORD~.mD ARE SCALE · I'- 40' SURVEYED: FINAL: DECEMBER /8. 2005 ADD DRYWELLS PER OTHERS: JULY k 2004 ......... ~ TO DA TS' FEBRUARY 8. 2005 h-~ TO DA TS' MARCH $1. 2009 . , ~'. ( ELEVARONS NOT UPDATED ) I000 14 2 3.6 · ~ ..~ ~ HI~LEBRAND LAND SURVEYING. P. C. " I I CHURCHILL LANE. EMI THROWN. NEW YORK TEL. ( ~l) 5~-51~9