HomeMy WebLinkAbout1000-22.-2-6 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
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
To:
Gerard Goehringer, Chair
Town of Southold Zoning Board of Appeals
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: July 17, 2009
Re:
ZBA# 6294 (PAUL T. BETANCOURT)
Location: 1825 Aquaview Avenue, East Marion
SCTM# 1000-22.-2-6
PAUL T. BETANCOURT #6294. Location of Property: 1825 Aquaview Avenue, East Marion;
CTM 22-2-6 (adjacent to Long Island Sound). The applicant requests Variances based on the
Building Inspector's Mamh 24, 2009 Notice of Disapproval concerning an application for a
building permit for the following proposed construction
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.
The property consists of a wrap-around-bluff system which occurs alonq the eastern property
boundary. The bluff systems are heavily vegetated and stable (visual observation). However1
the following best manaqement practice is recommended to further the below policies.
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 38' topo.qraphical contour to the toe of the bluff (bank). An example
definition of a Natural Vegetated Buffer is .as follows:
NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing
vegetation occurs pdor 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 veqetation shall be planted.
Survival of planted veqetation 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 f~teen feet (15') to maintain
viewsheds, replanting of ve.qetation and establishing a four foot (4') wide access path
constructed of pervious material for access to the water-body.
Figure 1. Subject parcel.
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: Lori Hulse, Assistant Town Attorney
06/10/2009
68:38 6317273168
F,~.X: (631) '727-3160
June 8, 2009
Chairman Gerard Ooehringer
Board of Appeals, Town of Southold
53095 Main Rd, P.O. Box 1179
Southold, New York 119714)959
USI~ NRCS
COUNTY OF SUFFOLK
2009
RE: ZBA File REF. N° 6294 Betancourt, P.
Dear Chairman Goehringer:
As requested, a site review was conducted at 1824 Aquavicw Avenue in East Marion. The site was ewaluated for
potential natural resource concerns regarding the renovations and additions to the existing house also including
garbage pool, and terrace on landward side and landing with stairs to beach at the residence,
At the time of this site visit, June 9, 2009, ~ were no obSCn'Ved natural resour~ concerns. The property is
situated on the Long Island Sound and is Pro~eted by a wooden bulkhead in good condition. The existing
wooden stairs which lead to the beach, the beach, and the d~nsely vege~a~d bluffare also in good condition. No
erosion ~ observed.
It is recommended that vegetation is maintained at all times during and after construction with native plants and
grasses to prevent erosion and control sediment. Additionally, it is recommended that gutters downspouts, and
tmd~rground dry~lls are installed on the buildings to address stormwater runoff,
No natural resource concerns were observed with regard to the demolition of existing one story house and
construction of new two story house on existing foundation to this residence.
If you require further assistance in this matter please don't hesitate to ~plact me,
423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901
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.north fork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD/
Tel. (631) 765-1809 Fax (631) 71~5-9064
/
Mark Terry, Senior Environmental Planner
LWRP Coordinator /
Planning Board Office % /
Town of Southold ~ /
Town Hall Annex ~ /
Southold, NY 11971
Re: ZBA File Ref. No. #6294 (Betan~ourt, P.)
Dear Mark:
April 3, 2OO9
We have received an application for construct additions and alterations to an existing
single family dwelling and construction of an accessory in-ground swimming pool 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
FORM NO. 3
NOTICE OF DISAPPROVAL
TO:
Garrett Strang (Bantancourt)
1230 Traveler St.
Southold, NY 11971
DATE: March 24, 2009
Please take notice that your application dated March 19, 2009
For permit to construct additions and alterations to an existing Single family dwelling and construction
of an accessory in-ground swimming pool at
Location of property: 1825 Aquaview Ave., East Marion, NY
County Tax Map No. 1000 - Section 22 Block 2 Lot 6_
Is returned herewith and disapproved on the following grounds:
The proposed construction, on a non-conforming 21,466 Sqhare foot lot in the Residential R-40
District, 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 minimuTM fi'ont yard
setback of 40 feet, a minimum single side yard setback of 15 feet, a minimum single side yard setback
of 35 feet and a maximum lot coverage of 20%.
Following the proposed additions and alterations, the dwelling will have a fi'on~ yard setback of 26
feet, a single side yard setback ofl0 feet and a total side yard setback of 30 feet and a total lot
coverage of 28.2 percent.
In addition, the proposed additions and alterations are not permitted pursuant to Article XXII Section
280-116 A (1), which states;
"All buildings or structures located on lots adjacent to sounds and upon which there exists a
· bluff or bank. landward of the shore or beach shall be set back not fewer than 100 feet fi.om the
top of such bluff or bank."
The proposed additions and alterations are noted as being 27 feet fi.om the top of the bluff.
In addition, the proposed in-ground swimming pool is not permitted pUrSuant to pursuant to Article IIl
Section 280-15 B, which states that such structures nhall be located in the required rear yard.
The proposed in-ground swimming is noted as being in the side yard.
This Notice of Disapproval was written based on a site plant dated 3/19/9~ by Garret A Strang,
Architect.
Authorized Signature
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Fee: $
Office Notes:
-- Filed By:
For Office Use Only
Date Assigned/Assignment No.
Parcel House No.~' Street /~(t)OAt,/I~C'IJ ~!.9~6 Hamlet
SCTM1000SecfionZ~- Block ZLot(s) ~ Lot Size X/, $/bg £~' Zone
I CvVE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: ~nLc4~ ~.,[~ 2ooct
Applicant/Owner(s): A O~- 7'7. ~L'r-n ~ coo~.r-
Mailing
Telephone: q/~3 - $~_ 7'700
NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract
vendee, etc. and na~e of person who agent represents:
Authorized Representative: ~a'f' ~. ~7'~a~ for (,~wner, or ( ) Other:
Address:
Telephone:
Please check box to specify who yo~wish correspondence to be mailed to, from the above names:
D Applicant/Owner(s) EP~uthorized Representative [] Other Name/Address:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED
FOR: ~ilding Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
[] Permit for ~-Bnilt Constrnction
[]Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, S~ction, Subsection of Zoning
Ordinance by numbers. Do not quote the code./;£~aLE ×g/~, ~'~ ~
Article X~ltt Section 280- //6, Subsection
)/.y I/I /5-
Type of Appeal. An Appeal is made for:
~A Variance to the Zoning Code or Map.
Zo.ning
Variance due to lack of access required by New York Town La~-Section 280-A.
[] Interpretation of the Town Code, Article Section
[] Reversal or Other
A prior appeal Iq has ~ has not been made with respect to this, property UNDER Appeal
No. Year . (Please be sure to research before completing this question or call our office to
assist you.).
Name °f Applicant: ~__ CTM # ./ooo-Z~.. ~-6. ZBA File #
REASONS FOR Al)PEA I, (additional sheets maF be used with #reparer's sienature}:
AREA VA~L4NCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if ~ranted, because:
(2) The benefit sought by the applicant CANNOT be achieved bY some method feasible for the
p. phcant to pursue, other than an area variance, becaUse: ·
(3) The amount of relief requested is not substantial because:
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
(5) Has the alleged difficulty been self-created?~Yes, or ( )No.
Are there Covenants and Restrictions concerning this land:' [~ No. D Yes (please furnish coov).
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 weffare of the community.
Check this box ( ) IF .4 USE VARL4NCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
A TT.4 CHED USE E4RIANCE SHEET: (Please be sure to consult your attorney.)
Sworn t,, h,'fore me this
aay of. ~.a~_~ ~Oa~
/l%tary Public
~.~Signature of Appellant or Authorized ~gent
(Agent must submit written Authorization from Owner)
'?arbara A~ 8trang
t:OTARy PUBLIC, New York
No. 4730095.
'-'~aiffied - Suffolk County
Expires July 31,E_~2 o
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown.NorthFork.net
Examined_ ~. I-~-~, 20.
PERMIT NO.
Expiration ,20__
./
BUILDING PEIUVIIT APPLICATION CHECKLIST
Do you have or need the following, before applying7
Board of Health
4 sets of Bu~dln8 Plans
pl~nni%o Board approval
Survey
Check
Septic Form ,,
N.Y.$.D.E~¢.
Flood Permit
S~orm-Water Assessment Form
Contact:
BI:DG: DEPT. ~, i
OF sotrm
APPLICATION F-OR BUILDING
INSTRUCTIONS
Date /~, tr.~fD~-*-~ ~ , 20~
a. This apphcation MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building InspeCtor will issue a Building Permit to the applicadt. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shat1 be occupied or used in ~'hole or in part for any purpose whatsoever until the Building. Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date, If no zoning amendments or other regulations affecting the
property have been enacted in the interim, thc Building Inspector may authorize, in writing, thc extension of the permit for an
addition six months. Therem°ter, a new permit shall b,e required. : .~:~ .
APPLICATION IS HEREBY MADE t6 the ~uilding Depafanent for fl~e issuance 0fa Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffoll~ County, New Yoi'k, and other applicable Laws, Ordinances or
R¢ lations, for the cons caon .of ?ddition?: or alter. ti..na or for. .mo l or d oliti.on .h¢..rein des .qbe
'~,v~o~o~ poltJ uo.u~o.qdde o~ m. hr~o$ ~OS ~outmm o~ m. pouuojaod
~q II~.~ ~o~ o~ lmp puc ~!ioq pu~ ~p~l~Omi s.mi$o ~soq ~11 o, on~ ~ uog~o!idd~ s.n~ m. p~u!elaoo ~uotmnms II~ le~
'.uoBuo~ldde s~.tp oit5 pm~ o~nn o~ ptm ~o~ p.ms o~ p~uuo~p~d ~nm~ ~o uno. p~d ol po~o~ne Xlnp s! pu~ 'sJou~o ~o J~u~o p.ms jo
State existing use and occupancy of premises and intended use end Oc~cupency ofpropo_sed construction:
b. Intended use and occupancy
3, Nature of work (check which applicable): New Building Addition
Repair Removal Demolition Other Work
4. Estimated Cost 3 ,~/ ~v-g7 ' ffi:F;;".~ .: ~ (Description)
i[' .... :'"" ' ' --':::,fTo bo paid on filing this application)
5, If dwelling, number of dwelling units ~'/q',4~ ! N e ,qg !lin r¢nits on each ~oor
Ifgarage, numberofcars ~,~ i.,-JI eoaa~tJh ~i.~"
If business, comrnerciai or mixed occupancy, speci~y~..~ exLent of each type Of use.
Dimensionsofexisfingstmctures, ifany:Front 30'~ eg Rear
Height ~-4- Number of Stories 4 ~r/z--
Alteration
Rear
Dimensions of same structure with alterations or aclditions: Front
Depth ~ ~-- Height ,~ 0 Number of Stode~
8, Dimensions of entire new construction: Front Rear .Depth
Height Number of Stodes
9. Size 0flot: Front /F,-~ Rear /D ~. Depth
10. Date of P~e 8/V ~ Nme of Foyer Omer ~ ~
ll. Zoneorme~s~inw~chpre~ses~esi~ted ~ - ~O ~/~~
12, Does proposed com~cfion holate my zo~g Iaw, or.race or relation?
13, Will lot be re-greed? YES __ NO ~ill excess fill,be removed ~om prems~? ~S ~0
14. Names of Owner of premises /3~--,~ ,o~.~d.r 7"Address ~/~.-t.~ ~%F ~ ~hone No. qFC' )6 y- 7 y~
N~eof~c~tect ~~, Ad,ess ~~ ~ PhoneNo 7~.~~
N~e of Con~tor ~ ~ ~. Address / phoneNo.
15 a. Is ~S pmpe~ M~ 100'feet of a fid~ wefl~d or a ~eshWater wefl~d? *YES ~O * IF YES, SO--OLD TO~ TRUSSES & D.E.C. PE~TS~Y BE ~Q~D.
b. Is ~s prope~ M~ 300 feet ofa fid~ wefl~d? * YES / NO
* IF ~S, D.E.C. PE~S ~Y BE ~Q~D,
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on s~ey,
/
18. Are there any covenants and restrictions with respect to this property? * YES __ NO
· IF YES, PROVIDE A COPY.
STATE OF NEW YORK)
SS:
COUNTY OF .ff~,FW,'; r-C)
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant:~ v ~ 7-. ~; r-~ ~t Co ~,,ar'
L For Demolition of Existing Building Areas
Please describe areas being removed:
Date Prepared: ~/2
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: /£ ~,5-~ /~ X 3~; ~×/~:~'
Dimensions of new second floor: '9/,x ~tB
Dimensions of floor above second level: ~'/4
Height (fi.om 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: Z'- Z- ~ t
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary} - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
Number of Floors and Changes WfrH Alterations:
IV. Calculations of building areas and lot coverage (from survey0r):
Existing square footage of buildings on your property:
Proposed increase of building coverage:
Square footage of your lot: ~t, ~"(., 6
Percentage of coverage of your lot by building area:
VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land
a~d how/it relates to the diffieul.ty in meetlne the code reauiremeat~s~.
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
N
7-
0
~6° ~A.
SURVEY
OF PROPERTY
AT EAST MARION
TO~CN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
100u22-02-08
$CALFz i'=$0'
AUGUST 51, 2006
MARCH 24, 2008 (coostol erosion
hozord //ne)
52.2'
\
\
COASTAL EROSION HAZARD LINE FROM
COASTAL EROSION HAZARD MAP PHOTO 50-617-83
AREA-21,466 SO. FT.
TO TIE LINE
I=MONUMENT
® =PIPE
ELEVADONS REFERENCED TO N.G.V.D.
ANY ALTERATION OR ADDITION TO TH/S SURV'~Y IS A VIOLATION
OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW.
EXCEPT AS PER SECTION ?209-SUBDIVISION 2. ALL CERTIFICATIONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL )' IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
Y/HOSE SIGNATURE APPEARS HEREON.
(6."
P.O.
1250
· SOUTHOLD,
oF
NO. 49618
785- 179 7
06-211