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HomeMy WebLinkAbout1000-22.-2-3 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 Appeals From: Mark Terry, Principal Plauner LWRP Coordinator Date: April 22, 2009 Re: ZBA file Ref. No. 6250 Location: 152x5 Aqua~iew Avenue, East Marion SCTM lOOO_ Request for Variances under Sections 280-124 and 280-116A(1) based on the Building Inspector's November 10, 2008 Notice of Disapproval concerning proposed new dwelling construction (after demolition of the existing dwelling). The new construction will be less than the code required minimum: (a) single side yard at less than 10 feet, Co) combined side yards at less than 25 feet, (c) setback less than 100 feet to the bluff adjacent to the Long Island Sound. In addition, a variance is requested for lot coverage in excess of the code limitation of 20 percent of the lot size alter deducting land area below the top of bluff. This review will address the proposed action in relation to the regulated natural feature. 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy Standards 4.1 Minjmlze 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: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid devdopment other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The proposed use is residential and therefore is not a "water dependent use". The distance from the Coastal Erosion Hazard Line/Area to the new house is 24'. It is recommended that the Board require that the structure be located further away from the Coastal Erosion Hazard Line/Area as practicable to maximize the distance from the "hazard area" and minimize the potential of future structural loss. Move existing development and structures as far away from flooding and erosion hazards as practical. 'Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. The proposed action does not meet the above reasons to warrant "maintaining existing development" within this erosion hazard area. The distance from the proposed "new house" to the top ofbluffline is 53 feet; a minimum separation distance of 100 feet is required pursuant to Chapter § 280-116 A which states: (1) 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 from the top of such bluff or bank. It is recommended that the BOard amend the application to meet and/or further the above policies to the greatest extent practicab!e and minimize the Potential of future structural loss. In the event that the action is approved and to further Policies 4.2 Protect and restore natural protective features and Policy 5: Protect and Improve Water Quality in the Town of Southold; the following Best Management Practices are recommended. 1. Requi~e a minimum 20' non-tuff, vegetated buffer landward of the top of bluff. Note, that the non-turf buffer should incorporate the majority land area identified within the Coastal Erosion Hazard Area and be designed to minimize storm water runoff. 2. Require gutters, leaders and drywells to minimize storm water runoff. 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 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 85/10~89 88:38 6317273160 USDA N~]S COUNTY OF SUFFOLK PAGE 06/86 (631) 727-3160 · &ul A. TeN~enhu£s (631)727-2315 x3 June 8 2009 Chairm~m Ocrard Go~hfinger Board of Appeals, Town of Southold 53095 Main Rd, P.O. Box 1179 Southold, New York ! 1971-0959 RE: ZBA File REF. No 6250 Berwald, David Dear Chairrmm Goehringer: Asrequest~d, a site review was conducted at 1525 Aquavicw Avenue in East Marion. Thc site was eval-.ted for poteutml natural re~ouroe concerns regarding the demoht~on of the Crasting one story house &nd eomtmetion ora new two ~ory house on existing foundation at the residence. At the time of this Site visit, June 9, 2009, there w~m no observed mttuml r~sourea concerna. The property is situated on the Long Island Sound and is protected by a wooden bulkhead in good condition. The existing woost, en ~ which lead to the beach, the be, ach, and the densely vegetated bluff are also in good condition. No eIoston was_ observed. It is recommended that vegetation is maintained at all times during and after construction with native plants and grosses to prevent erosion and control sedim~t. Additionally, it is r~,ommended that gutters, downspouts, and underground drywells are installed to address storrowater runoff. ' No natural resource concerns were observed w/Ih regard to the demolition of existing one story house and construction of new two ~ory house on existing foundation to this residence. If yOu require ..... " ~ further assistance m thts matter please donZI hesitate to contact me. 423 GRIFFING AVENUE RIVERHEA5, NY 11901 (1) An undesirable change will not be produced in the CHARACTER of the neighborl nearby properties if granted, because: The existing house will be expanded with a new se landward of the existing structure. Due to the unknown condition of the house fr condition of walls, rot and termite damage, the request includes demolition of the first fin to the foundation. The owner hopes that he can save money by retaining as much of the but to avoid delay during construction demolition is requested. The addition requires landward side of the house. The proposed addition to the house is located between the closer to the top of the biuffthen the existing house. The existing setbacks will be maintai feet in width and the proposed addition is toward the street. The design keeps the roof the house conform to the character of the neighborhood. The property is screened from the neighbors by a 10 foot high hedge. The property to the west is dilapidated, the property to the east is a two story house close to the top of the bluff· The owner has provided an aerial photograph from Google Earth which shows the setback~ of the existing neighboring homes. The existing setback will be maintained and the addition is landward of the existing structure. (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: When the garage was constructed, with ZBA approval for use of the second floor for studio and bathroom, a new snnitary system was installed which meets current standards. There is no public water, so there is no ability to relocate the sanitary system to an alternative location. The proposed addition to the house is located on the landward side of the house between the garage and house maintaining the setbacks of the existing house. This house is Mr. Berwald's permanent residence. The house is only 800 square feet and does not meet current building codes. His goal is to save as much of the house as he can, however, given the age of the house the builder may find problems which may require more reconstruction then planned. To avoid returning to the ZBA due to unforseen conditions, demolition of the house to the foundation is requested. The owner can save money by retaining the existing basement and foundation and retain the existing sanitary. There is no change to the garage. The garage can not be altered ar expnnded without variances. There is no desire to change the garage. (3) The amount of relief requested is not substantial because: The change to the definition of buildabie area has reduced his lot size by aaa-half. The existing house and garage are 21.7%, the expansion of the house results in an increase of the lot coverage to 31.1%. A difference of 9. 4°/0 increase to the footprint of the existing 800 square foot house. The proposed house will remain small, the proposed footprint is approximately 1,332 square feet and the owner has limited his expansion of the footprint to the landward side of the house. (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 will not encroach toward the bluff, the existing foundation will be retained, and the additional square footage to the footprint is proposed on the landward side of the house. Retaining the existing foundation will limit activity adjacent to the top of the bluff. (S) Has the alleged difficulty been self-created? ( )Yes, or (X)No. The existing house was constructed in the 1960~s. The existing house is only 800 square feet, is inadequate as a year round home for energy efficiency and safety standards. The reconstructed dwelling will conform to the neighborhood which has experienced renovations and additions. Are there Covenants and Restrictions concerning this land: 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 VARIANCE IS BEING REO~'STI~O~ AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please b~ sure (Agent must submit written Authorization from Owner) Sworn to b. efore me this~ ~ ~ r// Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork-net BOARD OF APPEALS TOWN OF SOUTIIOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 24, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Reft No. ~6250 (BERWALD, D.) Dear Mark: We have received an application for construction of a new two story single family dwelling (after demo), as detailed on the enclosed map. A copy 0fthe 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. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 53095 Main Road P.O. Box 1179 Southold, N~( 11971-0959 Fax (631) 765-9064 November 24, 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. #6250 (BERWALD, D.) Dear Mark: We have received an application for construction of a new two story single family dwelling (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 Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. LONG F.D, 26 tINE Town of Southold LVO/P CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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. 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). lfany 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# 1000-22-2-3 David Ber~vald AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals []_ 1 Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Town of Southold LWRP Consistency Assessment Form Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] Financial assistance (e.g. grant, loan, subs y) ............ ' Permit, approval, hcense, cert~ficatton [] Type SCDH$ ReL # R10-05-0016 t ~m fomilior w/ih the. STANDARDS FOR APPROVAL A~ C~TRUCTION OF DISPOSAL. SYSTEMS FOR SINGLE FAMILY RESIDENCES and will abide by /he =ondlt/on, ,el forth Ihere~ and on the ~ or from ~oto SURVEY OF PROPERT. Y A T EAS T MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 -' 22'- 2 - 3.0 Scale: 1" =' 30' Aug. 22, 1997 Aug:. 29, 2008 ' ' .SEPT: I1~ SO08 (acldition~J OcL 17, 8008 (revisions) LOT COVERAGE TO COASTAL EROSION HAZARD LINE AREA TO COASTAL EROSION HAZARD LINE - 8150. sq, fl, EX/STING - 1770 sq. fl./gl§O sq. lt. gl. 7~ PROPOSED -. 23~1g sq. fM~t150 ~q. lt, ~28.~ .. TEST HOLE ~/~7/0~ ' · ' ~ ~o ,. COASTAL t:'RO$10N HAZARD'LINE FROM CO~4~T: COASTAL EROSION HAZARD AREA MAP 'Photo 50-Gl 7-g3 < ~ x'C' ~'~' IqO. O0' ~ ~ ~151 ~ '~.~ ' ~" A VENUE PREPARED FOR ~ ~ ~ PA TTY 8ER~ALD " ~ ~ AREA = '14022 s~ft. to tie line ' AL T~ t~ ~ A~T~ TO t~ SUR~EY IS A VIOLA T/ON ~ C~Y ~T ~ ~ BY ~ ~ ~ ~S U~S , Ig3 ~ STREET ~M~, ~mas~cT~ ~ ., 'SO~ T~ 11971 ~T-T~ ~ ~T ~ ~ ~TH ~ LAW, " 97-PgX Nature and extent of action: existing house demolished to foundation, addition on landward side of house and new construction for two story dwelling. Existing house foundation, existing sanitary and ~,ara~e will not chance. Location of action: 1525 Aquaview Avenue, East Marion Site acreage: 51 x 277 but buildable area is landward of CEH Line with 8,150 sq.ft. Present land use: lot with house & garage Present zoning classification: r-40 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: David Berwald (b) Mailing address: 1525 Aquaview Avenue, East Marion (c) Telephone number: (443) 852-0455 (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 o fa coastal location, and minimizes adverse effects of development. See L WRP Section Ill- Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The existing residence built in 1962 will be reconstructed on existing foundation and additional living space on new foundation is on landward side of the exitsing house. The eixting garage is in the front yard and the sanitary system must be left in place due to lack of public water. The existing house has no drainage and does not comply with current building codes. The new structure will comply with all current regulations. 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 Town of Southold LWRP Consistency Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See LY~RP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate).' addition and reconstruction of existing residence with no visual impact. Property contains mature native vegetation which screens this house from view. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the proposed reconstruction and addition will require compliance with NYSBuilding Code and drainage code Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section II1 - Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the existing house already has a new sanitary due to alterations to garage, the new structure will have gutters and drywells 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 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The proposed improvements to the existing house will not impact Fish and wildlife habitat Policy7. Protect and improve air quality in the Town of Southold. See LWRP Section lI1- Policies Pages 32 through 34for evaluation criteria. See Section 111 - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): No impact on air quality Town of Southold LWR. P Consistency Assessment Form 3 Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section 1II -Policies; Pages 34 through 38.for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact on solid waste- property is improved with a residence and owner lives in the house. 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 £WRP Section III- Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Private dwelling- no impediment to 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): private residence 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 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): addition and reconstruction of existing house on foundation will not adversely impact living marine resources on Long Island Sound. The foundation will be expanded on the landward side of the house. The house is more than 100 feet from the waters of Long Ilsand Sound. The retained foundation will limit activity along the north side of the property. The existing house is 53 feet from the top of the bluff. Policy 1Z Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Town of Southold LWKP Consistency Assessment Form 4 Discussion (if appropriate): no agricultural lands affected Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact on energy or mineral resources. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 TOWN OF SOUTHOLD OPERTY RECORD CARD COMM. IND. .CB. I MISC. Est. Mkt. Value · 'S. SEAS. LAN D IMP. DATE REMARKS ,L ~ ~, WNER STREET /~c~-- VILLAGE DISTRICT SUB. LOT S~ , ~ W, ~ ~ ~pE OF BUILDING t~ ~ ~'v,~ ~o~ck ~ , ~ ,, ~ I _ ' ...... TOTAL NORJ~AL N~V Farm 'iiloble 1 'illable 2. qlloble 3 Noodland ~war~pland 3rus.hlqnd Hou~se Plot Acre BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKH~D DOCK Bldg. ~xtension 5<tension ~reezeway 3arog O.B. ,undation tasement Ext. Walls Fire Place Patio Porch Parch Bbth Fbors Interior Finish Heat Roof Type ROoms 1st Floor Rooms 2nd Floor )ormer Driveway Google Earth Aquaview Ave - West Section Aquavlew Avenue X Goo le Earth A uaview Ave- Middle Section X Google Earth Aquaview Ave - East Section More,,. Map Satellite Terrain X FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 10, 2008 TO: Patricia Moore (Berwald) 51020 Main Road Southold, NY 11971 Please take notice that your application dated November 5, 2008 For permit for demolition of an existing single family dwelling and construction of a new single family dwelling at Location of property 1525 Aquaview Avenue, East Marion County Tax Map No. 1000 - Section 22 Block~2 Lot3 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 14,022 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring less than 20,000 square feet in total side, require a minimum single side yard setback of 10 feet, a total side yard setback of 25 feet, and a maximum total lot coverage of 20 percent. Following the proposed construction, the single family dwelling will have a single side yard setback of 5.1 feet, a total side yard setback of 13.6 feet, and a total lot coverage of 28.7 percent. In addition, the proposed construction is 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 bluffor bank landward of the shore or beach shall be set back not fewer than 100 feet fi:om the top of such bluffor bank." Fq._llo-wfixg-tho,prop6Ye~-~nstruction` the dwelling will have a setback of 53 feet fi:om the bulkhead. ~fl-~rized.' S igxn~.ur e 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. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: David Berwald Date Prepared: November 5, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: demolition of existing house to the foundation & basement- existing house 22' x 36' retained for reuse II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: new construction over existing foundation and addition: total new first & second floor 36.9' x 36.4' = 1343.16 sqft. Dimensions of new second floor: 36.9' x 36.4' Dimensions of floor above second level: none Height (from finished ground to top of ridge): 25' Is basement or lowest floor area being constructed? Existing basement retained If yes, please provide height (above ground) measured from natural existing grade to first floor: 2 feet- standard III. 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: _one story house constructed in 1962 existing height 16.5' Number of Floors and Changes WITH Alterations: dormers) two story house 36.9' x 36 4' (with IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1770 sq.ft. Proposed increase of building coverage: 554 sq. ft. Square footage of your lot: 8150 to CEH Line Percentage of coverage of your lot by building area: __ 21.7% existing, 28.7% proposed V. Purpose of New Construction Requested: __expand existing house which is less than 800 square feet into house which is 1,343.16 sq.ft, as owner's primary residence VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): ~)ropert~ is located on Long Island Sound, the lot is only 51 feet in width and 277 feet in length. The buildable land area is only 8,150 sq.ft. The property is improved with an 790 sq.ft. House which is the owners primary residence. A new garage was constructed and new sanitary system installed within the last two years. The garage and sanitary will remain. 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 / APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. Street 1525 Aquaview Avenue Hamlet East Marion SCTM 1000 Section 22 Block 2 .Lot(s) 3 Lot Size 8,150 to CEH Line I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED November 10, 2008 BASED ON MAP DATED October 17~ 2008 . Applicant(s)/Owner(s):_ David Berwald Mailing Address: 1525 AquaviewAve., East Marion, NY 11939-1731 Telephone: 443-852-0455 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: 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(~,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 8/22/97 last revised 10/17/08 and DENIED AN APPLICATION DATED 11/5/08 FOR: E Building Permit [] Certificate of Occupancy [3 Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280- 116 .(setback to bluff) Subsection_A (1) Article XXIII Section 280-124 (lot coverage) Article XXIll section 280- 124 (exlsting side yard setbacks-second floor- Walz) Type of Appeal. An Appeal is made for: E 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 appeal E has, [] has not been made at any time with respect to this proper~ UNDER Appeal No. 5554 Year 2004 . (Please be sure to research before completing this question or call our office for assistance.) NameofOwner: David Berwals REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: ZBA File # (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing house will be expanded with a new second floor and addition landward of the existing structure. Due to the unknown condition of the house from possible structural condition of walls, rot and termite damage, the request includes demolition of the first floor of the existing house to the foundation. The owner hopes that he can save money by retaining as much of the first floor as possible but to avoid delay during construction demolition is requested. The addition requires new foundation on the landward side of the house. The proposed addition to the house is located between the garage and house, no closer to the top of the bluff then the existing house. The existing setbacks will be maintained. The lot is only 51 feet in width and the proposed addition is toward the street. The design keeps the roof peeks Iow, the volumes of the house conform to the character of the neighborhood. The property is screened from the neighbors by a 10 foot high hedge. The property to the west is dilapidated, the property to the east is a two story house close to the top of the bluff. The owner has provided an aerial photograph from Google Earth which shows the setbacks of the existing neighboring homes. The existing setback will be maintained and the addition is landward of the existing structure. (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: When the garage was constructed, with ZBA approval for use of the second floor for studio and bathroom, a new sanitary system was installed which meets current standards. There is no public water, so there is no ability to relocate the sanitary system to an alternative location. The proposed addition to the house is located on the landward side of the house between the garage and house maintaining the setbacks of the existing house. This house is Mr. Berwald's permanent residence. The house is only 800 square feet and does not meet current building codes. His goal is to save as much of the house as he can, however, given the age of the house the builder may find problems which may require more reconstruction then planned. To avoid returning to the ZBA due to unforseen conditions, demolition of the house to the foundation is requested. The owner can save money by retaining the existing basement and foundation and retain the existing sanitary. There is no change to the garage. The garage can not be altered or expanded without variances. There is no desire to change the garage. (3) The amount of relief requested is not substantial because: The change to the definition of buildable area has reduced his lot size by one-half. The existing house and garage are 21.7%, the expansion of the house results in an increase of the lot coverage to 31.1%. A difference of 9.4% increase to the footprint of the existing 800 square foot house. The proposed house will remain small, the proposed footprint is approximately 1~32 square feet and the owner has limited his expansion of the footprint to the landward side of the house. (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 will not encroach toward the bluff, the existing foundation will be retained, and the additional square footage to the footprint is proposed on the landward side of the house. Retaining the existing foundation will limit activity adjacent to the top of the bluff. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The existing house was constructed in the 1960's. The existing house is only 800 square feet, is inadequate as a year round home for energy efficiency and safety standards. The reconstructed dwelling will conform to the neighborhood which has experienced renovations and additions. Are there Covenants and Restrictions concernlng this land: E No. BYes(l~leasefurnishcoPv). 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 ,4 USE VARIANCE IS BEING REQUEST~D~ AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your atto~ey.) ~.~ign~i~re of Appellant or Authorized Agent Sworn to before me thisf~-~ ~- I~--~& p~,~(Agent must submit written Authorization from Owner) . 5EIRWALD RESIDENCE PPxOPOSED FRONT ELEVATION EXISTING FRONT ELEVATION EXISTING LFFT SIDE ELEVATION ?R.O?OSED P-JGHT ,~IDE ELEVATION ?ROPOSED LEFT 51DE ELEVATION SECOND FL&. CEILING HEADEP~ HEIGHT b EXISTING FIP~ST FLOOP~ GRADE PROP( SCALE: ~" EXISTING PqDGE HEIGHT E~ISTING FIRST ELR CLG. EXISTING PIP-,ST FLOOR ?P-..O?OSED WATEP-~IDE ELEVATION EXISTING WATEP-,~IDE ELEVATION OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION David Berwald 1000-22-2-3. A. Is the subject premises listed on the real estate market for sale? [] Yes E No Are there any proposals to change or alter land contours? E No [3 Yes, please explain on attached sheet. I) Are there areas that contain sand or wetland grasses? Long Island Sound 2) Are these areas shown on the map submitted with this application? ~ves 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? submitted Please confirm status of your inquiry or application with the Trustees: simultaneous review and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel existim, dwellim, is ~reexistine and owner wishes to renovate~ reconstruct and expand 800 square foot house with an addition on the landward side of the house. One story house to be reconstructed as two story house using the same foundation. and proposed use same (examples.~'exfi~ing:... ~-- single-family; proposed: same with garage or pool, or other description.) Auth'or[zed gignature and Date 2/05; 1/07 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: __Patricia C. Moore, David Berwald (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If"Other", X Trustees name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shams. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP NONE $CDHS ReL# R10-05-0016 t am familiar with the. STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE , DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will abide by the .conditions set forth therein and on permit fo consf['uct. The locations of wells and cesspools d~own hereon ore irom lield ol~ervaliotts and or from dolo obloined from others. ~EPTIC SYSTEM SURVEY OF PROPERT. Y A T EAST MjARiON TOWN OF SOUTHOLD SUFFOLK COUNTY,. N Y. ,~.~ 0 CONTOUR L~S ARE PREPARED FOR 1000 - 22 - 2 - 3.0 Scale: 1"= 30' Aug. 22, 1997 Auq~ 29, 2008 ' ~EP¥: II, 2008 (oddll/ons) OcL 17, EO08 (revisions) TEST' HOLE 4/27/04 ' .... r PA TTY 8ERWALD a,4, AREA = 14,022 sq. ft, to tie line ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA T/ON OF' SECTION ?209 OF THE NEW YORK STATE EDUCATION F_XCF~T .45 PF_.R SECTION ?~O~-$U~DIVI$ION 2, ALL CERT~ICA TIONS HEREON ARE VALID FOR THIS MAB AND COPIES THEREOF ONLY IF ~ ~ OR COPIESBEAR THE JI~ORE$$ED SEAL OF THE SURVEYOR WHOSE ~NATURE APPE, ARS HEREON. ADDITIONALLY TO COMPLY ~IITH SAID LAFI THE TERM 'AL TERED MUST BE USED BY ANY AND AIL SURVEYORS UTILIZIN~ A COPY OF ANOTHER SURVE'fDI~S MAP, TERMS SUCH AS 'INEBECTED° AND 'BROU6HT- TO-DA TE~ ARE NOT IN COMPLIRNCE FILTH THE CAF/. LOT COVERAGE TO COASTAL EROSION HAZARD LINE AREA TO COASTAL EROSION HAZARD LINE = 8150. sq.[t ..... EXISTING - 1770 $cl. ft./81§O SCl. ft. 21.7,,,% PROPOSED ~ 2342 sq. fL/8150 sCl. ft. COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD AREA MAP Photo 50-6/7-83 COAST~ IO0. O0' VENUE C,p. ,~,~ Y.S. LIC. NO. 49618 97- 297 ? AREA = 14,633sca.ft. (to tie l~e ) SURVEY OF PROPERT'Y AT EAS~ MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. I000-22-2-30 Scale: I" = 30' Aug. 22, 1997 A VENUE 97-297 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http:/~southoldtown.northfork.net BOARD OF APPEAI.~ TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 2, 2004 Application No. 5554 - DAVID AND PATRICIA BERWALD Property Location: 1525 Aquaview Drive, East Marion; CTM 22-2-3. Southold Town Hall 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED ""~.'~" SovtholdTown Clerk 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 calegory of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FAC'~S/DESCRIPTION: The applicants' 14,633 sq. ft. parcel has 51.12 feet along the north side of Aqua~,iew Avenue, 285.94 feet along the east side line, 299.37 feet along the west side line, and 50.08 feet along the high water line along the Long Island Sound. The property is improved with a one-story, single-family residence, and accessory detached garage, as shown on the August 22, 1997 survey updated March 31, 2004 by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's April 27, 2004 Notice of Disapproval. concerning proposed additions with alterations to an existing accessory garage with a second dwelling design. The reason stated in the Notice of Disapproval Is that a principal dwelling already exists on this lot, and Section 100-31A. 1 permits only one dwelling on each lot. Altematively, the applicant is requesting a reversal of the Building Departmenrs April 27, 2004 Notice of Disapproval. FINDINGS OF FACT The Zoning Boardof Appeals held a public hearing on this application on July 15, 2004, at which time 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 VARIANCERELIEF REQUESTED: Applicants wish to alter the existing garage and to add a deck addition, designed as shown on the March 1, 2004 plan prepared by Penny Lumber (Project ~2496). The first floor of the garage will remain for storage and parking of two vehicles, and the upper floor for storage areas and small art studio work area. The maximum height of the accessory building will be 18 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicants wish to raise the roof on a portion of the existing accessory two-car garage building. At the hearing, applicants confirmed that Ms. I~age '2 -August 2. 2004 ZBA No. 5554 - D. and P. Berwald CTM 22-2-3 Be~vald is an artist and wishes to use a portion of the building for an accessory office-type art studio work area. Board members questioned the applicants regarding the exclusive use of the structure, and the type of utilities needed to complete the project. The Board determined that strict conditions with this variance, and with the issuance of a Certificate of Occupancy, will rule out any habitable use. The overall size and location of the building will not be changed, except for a deck addition, and the use will remain accessory and incidenta to the applicants' residence on this property, to the north, ~ 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the building is existing. The applicants plan to use part of the existing accessory garage without increasing the building footprint (lot coverage) on this 14,633 sq. ft. lot. 3. The variance granted herein is not substantial. The building will remain as an accessory building rather than a pdmary (principal) building, related to the applicants' use of their home on this lot, without rental or other sleeping. 4. The difficulty has been self-created n that the building to be altered is existed. 5. No evidence has been submitted to suggest that a variance in this community of accessory buildings/single-family residences will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and deck addition as an accessory building, while preserving and protecting the character of the neighborhood and the health, safety and welfare cf the community. RESOLUTION OF'THE BOARD: In considering all of the above factors and applying the balancing test under New YOrk Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carded, to GRANT the~vadance as applied for, as shown on the 3-1-04 plan praparad by Penny Lumber and the Au"gust 22, 1997 survey updated March 31, 2004 by Peconic Surveyors, P.C., SUBJECT 'FO THE FOLLOWING CONDITIONS: 1. At no time will this building/structure be considered a primary (principal) structure on this lot and that the residence (principal building) will always be the only dwelling on the lot, with the garage/studio work area accessory to that residence. 2. The accessory structure will never be rented or separated from the pdmary dwelling, and only be used by the occupants of the home. ~age~3 - A~gust 2, 2004 ZS^ No. 5554- D. and P. Be~ald CTM 22-2-3 3. That said structure/building is permitted only electric heat in the art studio area only and water for a half bathroom. 4. At no time will this structure/building be used for sleeping purposes, and shall never contains any type of kitchen facility for the preparation of food. 5. t the time the art work area is abandoned by the resident/artist, heat shall be removed and the entire structure/building will be returned to accessory storage use. This action does not authorize or condone any current or future use, serf)ack or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other fealures as are expressly addressed in this action. Vote of the Board: Ayes: Members Oiiva-/Chairwoman), Orlando, Goehringer, Tortora, This Resolution was duly adopted (5-0~,'~' ....... __ .. . and Dinizio. Ruth D. Oliva, Chairwoman 8/~,/04 Approved for Filing