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Home My WebLink About1000-118.-4-2OFFICE LOCATION: Town Hall Annex 54375 State Route 25 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 P. Goehringer, Chair Town of Southold Zoning Board of/,kl~seals From: Mark Terry, LWRP Coordinator\~3, Principal Planner ~' Date: June 19, 2009 Re~ MICHAEL and ROBIN DREWS SCTM 118-4-2. ZBA File ref. No. 6282. The proposed action is a request for variances based on an application for a building permit and the Building Inspector's February 17, 2009 Notice of Disapproval for construction of deck and platform accessory structures at less than the code-required minimum of 75 feet from the bulkhead adjacent to Little Peconic Bay, at 7425 Nassau Point Road, Cutchogue. 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 us, it is my recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 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 proposed 10'xl0' deck is 0' from the bulkhead and the 4' x 8' platform 18'; seaward from the bulkhead; a minimum setback distance of 75 feet is required pursuant to: Article XXIII. § 280-116. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3- 1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993] In the event that the proposed action is approved; it is recommended that the following best management practice (BMP) be required to further the above policies: 1. Require that a minimum 10' landscaped buffer be established landward of the "top of slope" line. It is recommended that the landscaped buffer be planted with indigenous, drought tolerant, vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve ninety-five (95) percent ground cover within two years of installation. Survival of planted vegetation shall be (ninety) 90 pement for a period of three 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. 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: Jennifer Andaloro, Assistant Town Attorney 38 6317273160 80ZL~L~t~TF,.9, FAX:(631)727-3160 USDA NROS COUNTY OF SUFFOLK (631) 727-~15 x3 Itme 8, 2009 Chairman Gerard Goehringer Board of Appeals, Town of Southold 53095 Main Rd, P.O. Box 1179 Southold, New York 11971-0959 JUN ~ 0 2009 RE: ZBA File ~.EF. No 6282 (Drews. M. & R.) Dear Chairman Goehringer: As requested, a site review was conducted at 7425 Nassau Point Road in Cutchogue. The site was evaluated for potential natural resource concerns regarding the construction ora deck and platform and replacing existing stairs to beach with a landing on the bulkhead at the residence. At the time of this site visit, June 9, 2009, the platform and deck were under construction and near completion. However, there were no observed natural resource concerns. The setback appears to be in line with the neighboring slmetures. The property is situated on the Peeonic Bay and is protected by a wooden bulkhead in good condition. The existing wooden stairs which lead to the beach were deteriorating. The bluffis densely vegetated, with bayberry honeysuckle and additional native plants; no erosion was observed. The beach was also in good condition. It is recommended that re-vegetation of disturbed areas is completed as soon as possible after cons~aeZion with native plants and grasses. Additionally, it is recommended that while the stairs to the beach and the landing are -under construction careful consideration is given not to disturb the existing vegetation. No natural resource concerns were obs,'red with regard to the coristruetion of the deck and platform and replacing existing stairs to the beach and landing to this residanee. If you require further assistane~ in this matter plcase don't hesitate to conlaet me. District Technician 423 GRIF~!NG AVENUE SUITE 110 RIVERREAD, NY 11901 Office Location: Town Annex/First Floor, North Fork 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 March,g, 2009 Mark Terry, Semor Env,ronmental Planner LW~ Coordinator Plying Board Office Town of Southold Town Hall ~ex Southold, ~ 11971 Re: ZBA File Ref. No. ~6282 (Drews, M. & R.) ~~ Dear M~k: We have received an application for construction of a deck and platform accessory structures 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: Michael R. & Robin S. Drews C/O Mark Schwartz, Arch. P.O. Box 933 Cutchogue, NY 11935 DATE: February 17, 2009 Please take notice that your application dated February 11, 2009: For permit for construction of deck and platform accessory structures at: Location of property: 7425 Nassau Point Rd., Cutch~gue, NY County Tax Map No. 1000 - Section 118 Block 4 Lot 2 Is returned herewith and disapproved on the following grounds: The construction of the accessory structures, on this non-conforming 39,032 sq. ft. lot in the R-40 District, is not allowed pursuant to Article XXII, section 280-116 (B), which states "All building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The survey shows a setback of 0+/- feet fi-om the bulkhead for the proposed deck and 18 +/- feet for the proposed platform. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number:of dwelling units 'lf garage, number of cars Fee · 'on (To be paid on filing this application) Number of dwelling units on each floor Ifbusim~S commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions o'Texisttng structures, if any: Front Rear _Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height Number 8. Dimensions o~ entire.new Construction: Front Rear Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated F 4~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~x~ NO 13. Will lot be re-graded? YES__ NOX Will excess fill be removed from premises? YES __ NO__ 14. Names of Owner of premises ~]Z~f Address Phone No. Name of Architect ~ ~/'p/,v'~/'-W_. Address Phone No Name of Contractor Address Phone No. ~TJ' 15 a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YESJ~._NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERM[TS/MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES37~ NO * IF YES, D.E.C. PERMITS MAy BE REQUIRED. 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 survey. 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~ .-- ~~ ~'~/'4/~/ ~ be~gd~yswom, d~oses~dsays~at(s)heis~eapplic~t ~e of in~d~ ,i~'-g con~act) abo~nm~ (S)Heis~e ~~ ~ ~~ ' ~ (Coh~tor, ~t, Co~o~te O~c~, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and ftc tk(s application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this . . day of 20 Notary Public Dplicant TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 76~-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ..... ~ ,20.__ Approved ,20.. Disapproved ~c PERMIT NO. BUILDING PERMrr APPLICATION CHECKLIS'I Do you have or need the following, before applying? Board of Health 4 sets of Building Plans. Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood pemnt Storm-Water Assessment Form Contact: Expkafion 20 Phone: Building Inspector INSTRUCTIONS lpletelyfflledinb ewriter ' ' " ' · . ' ; · y typ or m ink and subrmtted to the Building Inspector with 4 sets of plans, aeanrate 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 b~ corar0enced before issuance of Building Permit. d. Upon approval &this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever 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, the Building Inspector may authorize, in.~Vrit/ng, the extension of the permit for an addition s~.,me, nth~. Thereafter, a new permit shall be required. ' ' ' B. ;, 'A.PPLICA~LTIO,N IS HEREBY MADE to the Buildin~ Deoartment f~r th,~ uiidi~g Zone Ord~naUce of the .......... suance or a ~uuding l'ermit pursuant to the ' Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the onstruetioh of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and re tions, and to admit authorized inspectors on premises and in building for necessary inspections. ~ (Signature of a~eant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agen~engineer, general contractor, electrician, plumber or builder Name of owner of premises &t~g.~ / ~','t./f~4.~J (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. ?lumbers License No. Electricians License No. 3ther Trade's License No. Location of land on which, proposed work_will be done:.. . ~ 7.,4---2'3" /--'o'/,vT House Number Street Hamlet County Tax Map No. 1000 Section // df~ Block ~¢ Lot 02 Subdivision Filed Map No. Lot APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Michael and Robin Drews Date Prepared: February 22,2( I. For Demolition of Existing Building Areas Please describe areas being removed: existinfl deteriorat n9 sta rs to beach from top of bluff 'II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 10'x10' flush deck and 4'x8' Landi~ Dimensions of new second floor: none Dimensions of flour above second level: none Height (from finished ground to top of ridge): none 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 extra sheet ifneecssa~) - Please describe building areas: Number of Floors und General Characteristics BEFORE Altemtioas: striaght mn of stairs to the top of the existing bulb,head N~r of Floor~ and Changes WITH Alterations: new star w {h ~.' x 8' plai~orm et the mid point with a / 'new 10' x 1 O' fl,t~h deck adjacent to the top of bu khead ' · Caa~muonS of building areas and lot coverage (from surveyor): Exist~g square footage of buildings on your property: 5096 sq. ff. Proposed increase of building coverage: stairs, deck and landings: 196 sq. ft. Square footage of your lot: 39032 sq. ft. Percentage of coverage of your lot by building exea: Ex!sting 13.1% + New 0.5% = Total 13.6% V. Purpose of New Construction: To replaca existing detedomfing stairs for access the beach fTom the top of bank· In addition to the stairs there is a landing midway down the stairs for a small bench seat· A 10' x 10' deck for beach chairs will be located at the top of the bulkhead. 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): The land slopes from the house down towards the road and at the water side bank, the property slopes down fo the beach. 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 VED SURVEY OF LOT 56 AMENDED MAP "A " OF NASSAU POINT BY NASSAU POINT CLUB PROPERTIES, FILE No, 156 FILED AUGUST i6, 1922 $ITUA TED A T NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C, TAX No. 1000-118-04-02 SCALE 1'=20' MARCH 1, 2006 MARCH 7, 2007 FOUNDATION LOCATION SEPTEMBER 26, 2D07 $]'AKE SOUTH pROPERT¢ LINE & 75 SETBACK FROM BULKHEAD AREA = 37,923,94 sq, fl, (To T~£ UNE) 0.871 OC. INC. N 157-°00'00" E ~ 5 Bg"o0'O0" % ~o~ (~) UT ILL !~OAO (cLF~A~WATER LANE) .574,64' 584,59' ~ TO~: MICHAEL DREWS ROBIN SAGON _NOTES: 1, ELEVATIONS ARE REFERENCED TO N.G.V.D, N,Y,S. LI~. No, 50467 1929 DATUM THE EXISTENCE OF RIGHT OF WAY~ Nc th n left ( Lc]nd Surve PHONE (661)727-2090 F~x (661)727