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HomeMy WebLinkAbout1000-47.-2-26.1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADD .-~~ P.O. Box 1179 $outhold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Re: Leslie Weisman, Chair Members of the Zoning Board of Appeals MarkTerry, Principal Planner ~ LWRP Coordinator~ April 21, 2010 Coastal Consistency Review for ZBA File Ref. No. JOHN SHACK, JR. #6363 SCTM# 1000-47.-2-26.1 Request for Variances from Code Section 280-116, based on an application for building permit and the Building Inspector's October 15,2009, amended December 4, 2009 Notice of Disapproval concerning demolition and construction of a single family dwelling, (1) less than the code required set back of 75 feet from a bulkhead, (This is a deviation of prior grant #5933 for alterations & additions) at: 1265 Shore Dr., Greenport, NY. CTM#47-2-26.1. 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 4. Minimize loss of life, structures, and natural resources from flooding and erosion. The proposed action is located within Flood Zone X in areas determined to be outside of the 0.2% annual chance floodplain. However, the parcel is located in a coastal location and may be subject to erosion and/or wind damage during storm events. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. Move existinR development and structures as far away from floodinq 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 residential structure does not require a location on or in coastal waters, is not a water dependent use and is not public. However, due to lot size and configuration, relocation of the structure may not be practical. 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 bulkhead to the proposed action is approximately 38 feet; a minimum setback distance of 75 feet from the wetland boundary (bulkhead) is required pursuant to Chapter § 280-116. Building setback requirements adjacent to water bodies and wetlands which states: B. Ail buildings or structures located on lots upon which a bulkhead, concrete wall, fiprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead. it is recommended that the Board further the above policies to the greatest extent practicable. In the event that the action is approved to further Policy 5: Protect and Improve Water Quality in the Town of Southoid and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that a minimum 15 foot landscaped vegetated buffer be required. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the pamel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine 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 December 14, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6363 Shack, John Jr. Dear Mark: We have received an application for proposed construction on non-conforming waterfront lot. 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. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Gerard~P~. Goehringer Chair97/ Encls. TO: John Shack Jr. 17A Valley Road Woburn, Ma. 01801 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 15, 2009 *amended: 12/04/09 Please take notice that your application dated October 1, 2009 ' For a demolition & construction ora single family dwelling at Location of property: 1265 Shore Dr., Greenport, NY County Tax Map No. 1000 - Section 47 Block 2 Lot 26.1 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming lot, is not permitted pursuant to Article XXII Section 280-116 which states: "All buldings or structures located on lots upon which a bulkhead.., and which are adjacent to tidal water bodies other than sounds shall be set back not less then 75' feet from the bulkhead." The proposed construction is indicated at approx. 38' from the bulkhead. Note: The ZBA decision #5933, granted relief for alterations & additions. This new scope of work includes the demolition & reconstruction of a dwelling. *Amended to reflect new site plan. TO: John Shack Jr. 17A Valley Road Woburn, Ma. 01801 FORM NO. 3 NOTICE OF DISAPPROVAL o^TE: October 15, 2009 Please take notice that your application dated October 1, 2009 For a demolition & construction ora single family dwelling at Location of property 1265 Shore Dr. Greenpoft, NY County Tax Map No. 1000 - Section 47 Block 2 Lot 26.1 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming lot, is not permitted pursuant to Article XXII Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead .... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The proposed construction is indicated at approx. 40' from the bulkhead. Note: The ZBA decision #5933~ granted relief for alterations & additions. This new scope of work includes the demolition & reconstruction of a dwelling. Authorized Signature / / / APPLICATION TO THE SOUTItOLD TOWN BOARD~ OF APPEALS For Offic¢ [/s¢ Only ~ ,.~ ~ Fee: $ Filed By: Date Assigned/Assignment No, Office Notes: S~ 1000 Section.~? B]ock'~ Lot($)~. a{~' j LotSize. Zone (WE) APPEAL TItrE WRITTEN DE~ATION OF TH ~, B~,D~G ~SPECTOR DASD: NOT~: In addition to the abow please complet~ b~!ow f application i~ ~lgned b7 app cunt's attorney, agenL archit~eh builder, ~onwact vend~h et~ a~d name ofperso~ who agent repr~en~: Aethorized RepreSentative: for ( ) Owner, or ( ) Other: Address: Telephone: Please ch.e. ck box to specify who you wish correspondence to be mailed to, from the above names: "~ppllcant/Owner(s) El Authorized Representative DOther Nam:e/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN.AJPPLICATION DATED FOR: ~Buildin'g Permit ri Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change.of Use [] Permit ~for As-Built Construction DOther: Provision of the Zoning,Ordinat~¢e Appealedi Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article X.X [ I Section-280- i i/r _ Subsection Type of A, ppeal. An Appeal is mad'e.for: ~.A Variance to the Zoning Cbde or Zoning Map. [] A Variance due to lack of a~cess required by New York Town Law-Section 280-A. [] Interpretation of the Town Code. Article Section [] Reversal or Other ~ t~o. ]r/OYearJy_Z.~. f?]e~e be sure to research before ce npleting'this fl aestio~or call our om' ff REASONS'FOR APPEA. I, (additional sheets ma? be used.wtth.preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change wilt not be produced in the CHARACTER of the neighborhood or a . detriment to nearby properties if granted, because:- The building design which blends in with the neighborhood is unchanged. We are requesting a new foundation instead of working around the old one. (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: We will be retiring in this house and a new foundation and flooring will provide a smdier dwelling. There is no other feasible way to pour a new basement without removing the old one. (3) Thc amount of relief requested Is not.substantial because: The total area of the house is unchanged. We are keeping within the same building footprint but requesting penmssion for a new foundation. (4) The variance will NOThave an adverse effect or impact on the physical or environmental conditions in tl~e neighb6rhood ot district because: We believe that putting in a new foundation will be environmentally more sound than leaving in the old one. The house design still fits into the architectural character of the neighborhood. (5) Has the alleged difficulty been self-created? ( )Yes, or ?No. 'ArethereCovenantsandRestrictionsconcerning'thfsland: ~No. DYeS(plcasefurnishcopg)' This is the.MINIah4UM .that is necessary and adequate, and at the same time preserve and protect the character of the neighboi'hood and the health, safety, and. weffare of the community. Check this' box ( ) IF ,4 USE IX.4RIANCE IS I~EING REQUESTED, AND PLEASE COMPLETE THE A TTA CriED USE VARI.4NcE SHEE T: 'Please be sum to e¢nsult your attorney.) ,,~Signature of Appellant or Aathorlz~ Agent (Agent must submit written Authorization from Owner) Office Notes: Page 3 Assigned Application No. ~{2,~ Part B: REA$ONS FOR USE VARIANCE (if:requested~: F. or Each and Dcery Perm!fled Use under the Zoning Regulations for the .ParticUlar District Where the Project Is Located (please consult your affOrney before.cOmpletlng)i 1. APPliCant cannot realize a reasonable return for each and. every permiffed use under the zoning regulations for the .particular disfrlct where the property IS located, demonstrated by -:comlSetent finanolal evidence. The appllcanlCANNO1; realize a- REASONABLE RETURN :because: (describeb'n a sepa/cfte sheef}~ 2- The alleged,hardship.relating fo the property IS unj~ .u_e _because: 'A ~adah~e-ha~ al~d~ b~-n gra~ted to build the hous~ ~n it present p~)sitionl The difference is a new foundation as opposed to the old foundation with footings. · 3. The'. allegea.narclship does flat apply fo a Substantial pqrtton_ of the district or neighborhood because: ............ L__ ~ ........ We are the only ones rebuilding the house. 4. The re_quest will not alter the essential character otthe neighborhood because: We ~ h~)i re~s~n~,'eX-~a ffot~-e or h~h~n-ge in~d desi~ ~i~he house. W~e-are-~sking v~ce to replace ~e old fo~dation wi~ a new one. ' 5. -The alleged h'ardship has not beens.elf-cre~ted be~oose: This. is the minimum relief necessary; While at ihe same time' pre~erving and 'protecting the character of'the neighborhood, and the health; safety and welfare of the community~ (l~leese explaln.' on cf' separ~fe'sh~ef if. necessary.) The_spirit Of the .ordinance will.be observed, public, safely arid welfare will be secured, and sbbsfanflal ]usflce'wlll be done/secause: [Please explain on ctseparofe sheet If 0ecessary.) ( ) Check this box and comp efe PART A, Questions on .previous page to apply. AREA VA,~tAN.CE STANDARDS."(Please consult your afforney.) .O. lh~rWlse, .please pro~:eed to rJhP si.qnafure and. ndfary area below~ ~gnature of A~pell~'~:~r ~uthoi'lzed Agen~ Sworn ~o b~ore m~ this ~ (Agent must submi~ Authorization from Owner) drys,: ~. ~ ~...k ......200_~ / J [~ ~/~ ~/Commonwealth 0f Ma~achu~j 1; Applicant cannot realize a reasonable return for each and every permitted use under zoning regulations to the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because; If we go ahead with the previous permitted plans them is a danger that the old basement will fall in. We did extend our present building permit and could have proceeded with the old plans but decided to heed the advice of our contractor. However our contractor, John Kirmish has wamed us that there was the possibility that when they dug around the old basement to put in the pilings for the new foundation them was a good chance that the old basement would fall in. This means that we would then still need to apply for a variance and during the process there would be an unsightly hole on the property. Therefore he has recommended that the safest and most cost efficient method would be to start the project with a brand new foundation · We felt that it would be more prudent and better for the neighborhood if we attain our variance before starting construction. (5): The alleged hardship has not been self-created because: We did not build the present basement. By requesting a variance for a new foundation we are hoping to avoid a self-created situation since the risk of collapse would be beyond our control. (6) This is the minimum rellef necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the cornrnuni~y. The new foundation will not exceed our already permitted footage. Placing a new house on top ora new foundation, basement and flooring would be to the advantage not only to us the homeowners but to the neighborhood as well. The character, health, safety and welfare of the community would be enhanced by this new construction. (7) The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantialjastice will be done because: Per the Board of Trustee's permit, hay bales will extend along the water side of the property. There will also be a sign stating that there is to be no trespassing on the property. AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WFdEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plaz approval, use variance, or *ttbdivision approval on property within an agricultural district OR within 50t9 feet of a farm operation located in agricultural district. AH applications requtring an agricultural data statement must be referred to the Suffolk CounO~ Department of Planning in accordance with Sections 239- m ~nd 239-n of the General Municipal Law. 1) Name of Applicant: ~O~ o~'~(~r ~.~ 2)/Mdress ofApplicant: I~ ~ 0 ~b,[,.F-..~-~ ~xDC[~ ) . 3) Name of Lar~d Owner (if other than applicar~: 4) .~ddress of Land Owner: 5) Descrip. tion of Proposed Project: 'P-,~.moCa\ C~ 6) LOcation of Property (road and tax map number)' /h(~ 7) I~ the parcel within an agricultural district? ~i~No [~]Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? [~No [~]Yes 9) Name and address of any owner(s) of land within the agr/cultural distr/ct containing active farm operation(s) located 500 feet of the boundary of the proposed project. Ilnformation may be available through the 3'own Assessors Office. Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. 2. cPlease use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 orlhetZoning Board of Appeals at 765-1809. S~gnature 9~ App'~]cant Date ~ Note: l. The local board will solicit, comments from the owners of land identified above in r rder re consider the effect &the proposed action on their farm operation. Solicitation will oe made by supplying a copy el'this statement. 2. Comments returned to the local boara will be taken into consideration as part of the overall review ~fthis application. 3. Col>ies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the ooard to the property owners identified above· The cost for marling shall be paid by he applicant at the time :he application is submitted for review. Failure to pay at such time means the application is nor complete and cannot be acted ~pon by the board. I-la_09 Applicant:. APPLtCA2qT'S PROJECT DESCRIPTION (For ZBA Reference) I. ]~o~' }emolitio~ of Existill~I Building Areas Ple. as~ ste.~aibe areas, l~ing mmovexh _ Demolition-of~uildihg add consn'uction of on~ s{ory residence w/attic space. - Removing/replacing existing deck, and foundation. New siding, roof and doors on garage. ' - Removal of side shed. 1I..N'e~ Construction Ar~as I~ew Dwelling 0r Ne.~.Addi~ons/Extens!o. ns)~ Ditiae~i°ns of firs[ floor ekten~a:. ~.? X q'3, S X ?,.' ~] X,E" oet Iteilght (from finished groufid {0 t~p Of ridge){' k~'~, '/rhdn,Z5'~-.~c. Is.b~-nent or J0West floor'a/~ being ,xinstmc~ed? Ify~ please pmwct~ height (abo~re ground) rnmsured.from natural.existing grad, to' first fl~or: llI. Pr~posei:i Construction Descrtp~On..(Alterations'or 8tructural Changes)· Numbir 6fF10bi-s and'General Cha~cteri.'~tics BEFORE Alterations: Em'e_, ~-~o~ Nur~b~'dfEloo-rs ~ Ghanges V~'~t~atioIra: ' B ~' ' ~ ' IV.' (22alculafions of building areas and 1o, coverage'(from surveyor,: -Existing square fo0tag¢ 9fbuildings'0n yo~ p~r_o, perty:^~ - .. ~ pr°P0~ed increase of building ce~g~: cl'~.gO. -5~q'. ,6 [~ Percentage of coverage of your )et by"buildk!{g' area: /' V. Purpose of New. Construction: We plan to retire and need to construct a new house. The present structure is not well constructed, the basement leaks, there is little insulation and it is not built for a ' ' full time residence. VI. Please describe the land contests (flat, slope %, heamly wooded, marsh area, etc;) on your land and how it t-elates-to the difficnlty in meeting thd code requirement(nj: · ~he land i~flat with some trees. There is a slight ~1~ to;wards the water that ends at the bulkhead. ZBA decision 5933 has granted relief from the building not less than 75 feet fi.om the bulkhead since our property only extends I00 feet fi.om the bulkhead. This variance is requesting] permission to remove the old foundation and put in a new one.' ..... Please.submit s~-~en (9) ph0t0s/!abded to show different angles' 0f yard area.s after staking c~rners for new construcfibn), and photos of-building, atria tobe altered ~yith yard view. 7~2002; 2/2005; 1/2007 · 8OARD OF APPEALS RECEIVED BOARD OF APPEAL~ RECEIVED BOARD OF APPEALS TOWN OF $OUTHOLD PROPERTY RECORD CARD :)WNER STREET ] '~ VILLAGE DIST. SUB. N E ~;' ACR. EO~'ER OWJ',J.EI~ ' , /--/0 J /k2~.~ /~, ...~y'e.~h s w TYPE OF BUILDING ES..~/O N~J srr. AS. VL FARM COMM. CB. MISC. Mkt. Value AGE BUILDING CONDITION ~¢ ~¢~ ~5~0~ a~ihons~ ~f~f~o~ N~ NOR~L ' BELOW ABOVE 7/22)0~ .~¢~ 3~ - r~ I~ 5~ ZSToS FARM Acre Volue Per Volue Acre fillable 1 'illable 2 'illable 3 V~dland ;wo.~pJand FRONTAGE ON WATER J ./0 ~ -2 ~ ~ j~shland l FRONTAGE ON ROAD / / ~ "~.7 ,~ ~ ; / ;~, U ~ouse Plot DEPTH / ~ ~ ~ BULKH~D t~¢, ~ ;oral D~K COLOR TRIM / Basement ~ .~ , : Extension t~I ~ '? ~. ~) ~ ) // O G ~ 2 ~ ~ o ~1 Ext. ~alls ~ Interior Finish '~__,' ILR. ~ension ~ype Roof C~ Rooms ]st Floor BR. ~ · ' Breezeway ~c~ Garage o. Total QI~'TIONNAIRI~ FOR FII.ING WITH YOUR Z.B.A. APPLICATION ,~, ~ the abject pr¢li~isea lisaxt on thc real esate ~kct f~ sale? BOARD OF APPEALS ~. ~e'~e ~y proposes ~ ch~ o~ alt~ ~d c~to~s? ~No ~cs,. pl~ ~I~: eer a~ove me~ sea level? ~ O P p coercion at or below fi~ . E: ~e ~ere ~y pa~os co~ete bamers,' h~l~ea& or fene~ ~at e~ist and ~e. no~ , ~ ~ ~ ~r state none on ~e above ~ine if app~Me') - F. D0you have.~y com~efion ~ng place'at &is ~me concerning yo~ pre~s~? If yes, pl~e submit ~ copy of your building pe~t ~d ~ ~a ro" Dep~ent and d~enbe: p pp ved by ~e Building G. Do ~u or ~y e~co~ als0 e~.. o~er l~d Sose ~0 ~is p~eel? . ~)0 '~ Y~, plebe label · e proxi~ of your. la~s on yo~.~ap ~ ~s a~lieafion. . Au~zed' $~e ~d Date £o~n of S0u th old A. INSTRUC:I'IONS _LWRP CONSISTENCY ASSESSMENT FORI~_ I. All applicants for permits* including Tosvn of Southold agencies, shall omplete this CCAF for proposed., actions that are subject to the Town of Southold, Waterfront Comistency ReviewC ' 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 Permit~ and other miniaterial permita not located within the Coastal Erosion tlazard.4recr. 2. Before answering the questions in Section C, the t'~reparer of this form should revtew the exempt minor action list, policies and e.xplanafions of each policy contained in the Town of $outhold Local Wat~rfi, ont Revitalization Pt;osram. A proposed action will be evaluated a~ to 'its ~ignifieant beneficial and adverse effects, upon the coastal area (which i~cludes all of Southold Town..). 3. If'any question in.Section C on this form is answered "yes,,; then.the proposed 'action may affect the aohievement of the LWRP policy standards and Condition~ contained in the consistency rev/ow' law. Thus, the action shohld be analyzed in more detail and, if necessary, modified · prior to maldng a' determination that it is consistent to the maximum extent practicable With the L'~RP policy standards and conditions. If an actiola cannbt be certified as consistent with the LWRP policy standards and conditions, it_~shall not .be tmdertaken A, copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.nortkfork.net), the Board libraries and the Town Clerk's-office. of Trustees Office, the Plann/ng DepartmenL all local B. 'D :scaa 'TtOr or S TE ,rVO enCloSED Acrto The Applicatio~ has been .submitted to (check appropriate response): 1. Category ofTovm ofgouthold ag~mcy action (check appropriate response): (a) Action undertaken, directly ~y Town agency (e.g. capital construction, planning activity, agency regulation, la_nd ~'anshction) ;CO) Financial assistance (e.g. grant, loan, subsidy) (c) Permtt, approval, ~.: ....... acreage: l%sent land /~ent zen/ag classification:~ 2. 'Ifan'informationaPPlicatiOnshall bef°rprovided:the proposed action has been filed with the Town of $outhold agency, the t011o-'-wing re) Telephone number:Area Code ( )_.~[j -~$"Jl{~,~~ -- Ye~W'ill the~--~ actiOnNo ~be .directly Undertaken, require funding, or approval by a state or fed~y? -- ~-~. ~f'yes, W~oh ~ate or red.al agenof._ C. DE'gE]LOPED COAS_ T POLIcy minimizesPreservesP°li'eY'l. F..os terol~enspacqadversea patterneffectsmakesofOf developmentdevelopment.efficient uso iair mfrastruthe To~,n of Southold that enhances COmmunity Cha:racter, etUre, makes beneficiff] ,u se ¢fa Coastal 10catioa~ and See LWRp Section III - Policies; Page 2 for evaluatlon rltetla. ............ o ucgn o ior evaluation criteria Attacbadditional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South01d. S6e LWRP ;Section III - Policies Pages 6 through 7 for evaluation criteria ~] Yes ~ NO [] N. ot Ap?icable A~aeh ac~ditioaal sheets 'if necessary NATUR3~ COAST POLICIES Policy 4, l~Iinimize loss of life, structures, and natural resources from flooding and erosion. See LWRP - Section III - Policies Pages '8 through 16. for evaluation criteria ' ~°'t~ "c'l"~'~,',~\\S 'o'r. ' ~'n~,~c~O~B~ s~ '~'~ ',' ~ ,Il ~ ~ Attach additioml sheets if necessary Policy. 5. Protect and hnprove water quality and.supply in the Town of Southold. See LW'Rp Section III - Policies Pages 16 through 21 for evalu orion criteria [-~ Yes [] ~o'~NotApplicahle Aaach additional sheets if necessary Policy 6. Protect and~ restore the quality and functibu of the Town of Southold ecosystems including :Significant Coastal Fish and Wildlife HabRats and wetlands, see LWRP Section III - Pollcies~. Pa~es 22 through 32 for~,~ ~riteria. _ __. .... .........................................- .................. ~nal s~-eets if necessary l~01icy ?. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages z~'2through 34 for evaluation criteria. ot^pplicable ~ch add}~al sheets i~cssary -~' Policy 82 Minimize environmental d~gradatioa in Town of S0uthold. from.sold waste and ~ardous -substaneesand waste. See L~ Section III- Policies; Pages 34 through 38 for'e~tuatlon crite~a. PUBLIC CO~ST 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 II1- Policies; Pages 38 through 46 for evaluation · criteria. [-~ Yes ~'~ hro ~ Not Applicalble · Attach additional ~eet~ i£nece~sary -- WORKING COAST POLICIES ............................. : .................. 'Policy 10. PP0tect Southold's .......................... ~--"--- ............... ' water-dependent uses and promote siting of new water-dependent .... S ° uses in ratable locations. See LwRp Section III -'Policies; Pages 47 throngh 56 for eYahation criteria. A-~ch additional sheets if necessary Policy 11. Promote sustainable use ofli¥iag marine resources in Long Island Sound, the Peconic gstuary and Town waters..See LWRP Section III - Policies; Pages 57 through 62 for evalua0oa criteria. ' ~' ' ~' '~ I,~ ~O onalahee~ifn ~sar ~ ~oli~7 12. ~roteet agrlcu}t~ra} iand, in the To~n' of Southold. S~e L~ Seeti0n III - Poliei~; Pages 62 through65 for evaluation crR~ria. ARach additional sheeta if necessa~ · - Polley 13. Promote appropriate use and development of energy and mineral resources. See L~ 'SecOon III - Policies; Pages 65 through 68 for evaluation crReria, ~Y~ ~ No ~ NotAo~licable , - . Created on 5/25/05 j I:20 ~iM 61.7.21 Appendix C State Eh~i~onm~ntal Qualto, R~vt~w · - For UNZBTI~D'HCTiON$ Only PART I ~ P~t ~omitioa (TO ha'complete by-A~lio~t ~'P~jea~moO '1' ~pll~ot/~P°ns~ . ' 2. ~Name ~C~untv · 4..Precla& ]~lon [SI?e6! address and: road inta..=d;~as, prominent lahG.,.,ka, et~ 0r ~mv~e ~ap) { 1 E~ANSION ~,MODIFICA~ION/ALTE~TION .6. D~ibe p~f~ bdefl~ Will pm~s~'a~ compl~ ~ e~s~ng or other e~s~ land.use re{~ons:( ' } YES - ~ ] NO ff No, oes~oe, bde~ r g.-w~at Is pre~ht knd. use ih vldni~ of.pr0je~ (despHbe) Residential' [ : ) I~dustrid · ' , . ~ a~on I~1~ ~ p~it lpp~wl or ~ndtno, now or ulllmal*ly ..Does ~ny a~pect of ~e ac~on have a ~ently wild ~t~il I(:~'YE8:. ( ) NO ' [t Y¢i, II~t ~gancy(~) and pe~f~appm~t$: ' ~PLIC~LE TO O~ CON~ VE~EE ~ AGE~: The To~ of Sou~oMs Code of E~ics pro~bitSpro~deCOn~ic~ of interestw~chOn the p~ of To~ officers and e~ployees. ~e pU~ose of~is fora ~s to infO.arran, (~p°ssible' Conflicm ofint~est~ ~d allowF~ ~ ~/~t to t~e whatever action is necessa~C~to avoidalen ~esame To~ O~ t~ ~ n~e, first I~t ~ o~ enti~, such ~ a comply, ffso, indicate &e o~er p~son someone else or NA~ OF ~PLICATION: (Check all that apply.) or ~mpany name.) ~ Special Exception ~Other '5'Pproval or Exemptibn fi.om p/at'or official map (~l~lge of Zone ' T~x Crr/cvancc .r£ Other, name thc acfiv/ty: Do you personally (or through your relationship with any officer ar of the Town of $outhold? ~~eP]OyeeC°mpany, spouse, sibling, parent, or child) have a If ~' ~ered "~,~ co~plele ~ ~la~c~ of l~ a~d'~a~e ~ ~i~ -.~ · ~a~e O~person employed by the To~ Title er posffion o~that person: De~chbe ~at relation.hip be~een . T0~ OffiCer or employee. Eider check ~e approphate tine de. cfi.be ~e rel0'~onShip in ~e ~ace pro~ded. A ~ough D ~elow) an~or apply):~e To~ .°fficer or employee ar hi~ _or her, spouse, sibling, parm[ or child is (check' all ~at ~ A) ~e O~er Or.eater ~an 5~ Of~e sh~es of~e cO.orate of~e applic~t (~hm ~e a 'lic B) ~e legal or ~6~:-, PP .g~t?a eO*ora~dn~} ~,-..~u~ O~er of any mterestin a on (when ~e apptie~t not a CO¢oradon); °¢°rateis enti~ ~ C) an officer, divecto5 P~er, ' ~ D) ~e~c~al applicant, or employee of the applicant; or DESC~TtON OF ~LATIONsH~ APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing AddresS: d~r(° ~ Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY I 1971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 5, 2006 RECEIVED Southold Town Cleft, ZB File No. 5933 - John Shack Jr. Property Location: 1265 Shore Drive, Greenport CTM 47-2-26.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 15,746 square foot non-conforming pamel in an R-40 Zone and is improved with a single-family, one-story frame house with wood deck and patio, as well as a detached one story frame garage, as shown on the September 1, 1998 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Requests for Variances under Sections 280-122, 280-116, and 280-124 (formerly 100-242A, and 100-239.4B, 100-244), based on the Building Inspector's April 11, 2006 Notice of Disapproval, amended June 19, 2006 and June 23, 2006 concerning proposed additions, alterations to the existing single- family dwelling for the reason that the additions and alterations will constitute an increase in the degree of nonconformance when located less than the code-required 10 ft. minimum on a single side yard and less than 25 ft. total side yard minimum, and proposed less lhan the code-required 75 ff. minimum from lhe bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 31, 2006 and September 28, 2006, at which time written and oral evidence were presented. Based upon ali testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant's original request was for a very large addition to attach the existing home with the accessory garage and to build second-story addition(s), resulting in a new nonconforming setback on one side yard at 6.91 feel and the other side at 19.42 feet, for the enlarged principal building (single-family dwelling with garage). ADDITIONAL INFORMATION:AMENDED RELIEF: During the August 31, 2006 pubfic hearing, the applicant was requested Io increase the setbacks as an alternative that would be more conforming to the code's setback requirements of 10 feet minimum side yard and minimum 75 ft. from the bulkhead. The applicant agreed, and on September 22, 2006 submitted an alternative plan increasing the side yard to 9 feet instead of 1ft. 9.5 inches, and increasing the setback to the bulkhead to 40 feet. TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION: The applicant is requesting additions and alterations to expand the existing dwelling, after attaching the accessory garage building, for an overall Page 2 - October 5, 2006 I~ ZB File No. 5933 - John Shack Jr. CTM No. 47-2-26.1 enlarged principal building (single-family dwelling), and with a set back less than the code-required 75 feet minimum from the bulkhead and less than 10 feet on a single side yard. A Determination of Inconsistency was issued on July 18, 2006 under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. Grant of alternative relief in this variance application will increase the setback measured from the area of new construction (addition) and the bulkhead to maintain the minimum setback of the existing dwelling, and denies the applicants requests for substantial variance relief. The altemative relief granted herein will meet code minimum requirements of 53.3% for the setback of the new addition, under the strict requirements of Section 280-116 (100-239.4B) of the zoning code. All new construction will be required to conform to the Zoning Code minimum standards applicable on a parcel containing only 15,746 square feet, except that a variance is granted for a one-foot reduction on the easterly side yard. Since the additions to the dwelling on the subject property are being dramatically constructed as proposed, it is reasonable to eliminate any the extreme non-conformity of the existing house and require the greatest reasonable degree of conformity with the Zoning regulations, as well as the LWRP, which mandates the highest standards of coastal erosion/wetland/water bodies protection approved by New York State and Southold Town. SPECIAL EXCEPTION REQUEST WITHDRAWN: During the August 31, 2006 public hearing, the Board and the applicant also discussed the required conditions and eligibility requirements in the Zoning Code for a proposed Accessory Apartment within an existing principal dwelling. The applicant confirmed he is not able to create the Accessory Apartment within the existing single-family dwelling with its present size, and that the additions are necessary to increase the living areas. During the September 28, 2006 hearing and by submitting a letter dated September 9, 2006 to the ZBA from the applicant's Architect (Robert G. Bassolino), the application for the proposed Accessory Apartment was withdrawn. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The original request of the applicant was substantially crowding the side yard adjacent to neighboring premises. The side yard relief granted as an alternative is one foot, for a 9' setback instead of the code-required 10' setback. Many of the improved lots in the immediate area have a non- conforming side yard or have a non-conforming setback from the bulkhead adjacent to the waterfront of Pipes Cove. 2. The benefit sought by the applicant can be achieved by the some method, feasible for the applicant to pursue, other than the original request for area variances. Alternative relief is addressed below which increases the setbacks to be more conforming to the code requirements and reduces the lot coverage to less than the code limitation of 20% for all building construction on the lot. 3. The variances as applied are substantial, however, the applicant has offered an alternative plan, based on discussions at the public hearings with the Board, which are not substantial with greater conformity to the code, increasing the side yard setback substantially and maintaining a minimum 40 ft. setback from the bulkhead. 4. The difficulty has been self-created. 5. The alternative relief herein increases the setbacks to be more conforming to the code requirement. No evidence has been submitted to suggest that alternative relief in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Many of the improved lots in the immediate area have non-conforming side yards, as well, and existing homes have non-conforming bulkhead setbacks. Page 3 - October 5, 2006 ZB File No, 5933-John Shack CTM No. 47-2-26.1 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions with alterations to the existing dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factom and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Simon, and duly carried, to DENY the variance as applied for, and to GRANT ALTERNATIVE RELIEF as shown on the 9-15-06 amended construction plans (diagrams 1 & 2) prepared by Robert A. Bassolino, Architect as follows: 1. That the single side yard be increased from 1' 9-1/2" to a minimum of nine (9) feet on the easterly side of the property, 2. That the setback from the bulkhead be a minimum of 40 feet. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or suP/ey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliya~hairwoman), Goehringer, Dinizio, Simon and Weisman. Tl~is RuthD. Oliva 11/ t /06 Approved for Filing ~OT (~ N. 50'38'30' E. SHORE LOT ® ~OT (~ PIPES COVE AREA = 15,7'16 sq ft. to ti line P/OLOT (~ SURVEY OF LOTS 16, 17 & P/LOT 15 MAP OF C~EETe=ORT SHORES A T GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY. N lC 1000 - 47- 02-P/02~ ' ~EPT. I, P1 PE$ GOV~ ~ SHORE ~ ~..~~ ~ ~ ~ ~. ~j~ SURVEY OF LOt ~ !~ " LOTS~ ~16'~r17 & P/LOT~s 15 LOT ONE X FL~FROH F'RU 36~o~co~ ~ ~/~/ge PIPES COVE AREA = 15,746 sq ft. to ti ~ne " A T GREENPORT. TOWN OF SOUTHOLD SEP,-.,~,! 4 2006 SUFFOLK COUNTY, N Y. ~ 1000 - 47 - 02-P/028 SEPT. 1, ~a 98 - 283 (2) APPEALS B OARD I~MBEHS Gerard P. Caoehring~r, Chairman Serge Doyen, Jr. Jarae~ Diaizlo, Jr. · Bobext A. Vil!a Richard C. Wil~oxx Telephone (515) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. PIARRIS Supervisor Town Hall, 58095 Ivlain RaeA P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4190. Upon application of JOHN A~D MARIE S. SHACK for a Variance to the Zoning Ordinance, Article ~III, Section 100-239.4B for permission to construct deck addition within 75 feet of bulkhead at Pipes Cove, Greenport Shores. Property Location: Shore Drive, Greenport, Greenport Shores combined Lot Nos. 16, 17 and p/o 15; County Tax Map Parcel 1000-47-2-26.1 (prey. 26). The subject premises is substandard in size and is located in the R-40Low-Density Residential Zone District. W~EREAS, a public hearing was held on September 20, 1993, at which time all those who desired to be heard were heard and their testimony recorded; W~EREAS, the Board has carefully considered all testimony and documentation submitted concerning this application;. WHEREAS, Board Members have personally viewed and are familiar with the premises in question and properties in the surrounding (R-40) zone district; WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100-239.4B for approval of an open deck addition/extension at the rear {southeasterly end) of the existing dwelling, all as shown on the sketch as amended and prepared by the applicants. The dimensions of the deck are proposed at 14'0" by 22'0" wide, which will leave a 40 ft. setback from the existing bulkhead. A six-foot wide step area is proposed for a depth Of 18" to 22" (for two or three steps) off the rear of the proposed deck. There will be no reduction in either sideyard, and only a part of the deck, and entire step area, protrudes past the rear of the house towards the bulkhead. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1009, Section 47, Block 2, Lot 25.1 and contains a total lot area of approximately 14,250 sq. ft. 12 - Appl. NO. 4190 ~te~ of JOHN' AND MARIE S. SHACK cision Rendered September 20, 1993 .3. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sottnd to be set back not less than seventy-five (75) feet from the bulkhead. The setback of the dwelling as exists is presently nonconforminq at approximately 43 feet from the bulkhead at its closest point. The dwelling, was constructed prior to 1972 and preexists this Local Law (which first became effective in March 1985). 4. In considering this application, Board Members find: (a) the relief ~requested is not sttbstantial in relation to the existing established nonconforming setbacks existing on this property and nearby waterfront area. (b) this proposed construction is strictly for an open deck addition without a foundation or basement and without a screene~- or permanent-type enclosure. This type Of construction is not-considered major and will not affect the stability of the soils seaward of the house; 2- (c) the relief requested will not alter the essential character of the neighborhood - the topography of parcels in the immediate area have significant differences in topography, shape and character in relation to the creek shorelines, however, each are bulkheaded near the ordinary highwater line to aid in the prevention of erosion Or other disturbance to the natural ground; (d) the practical difficulties claimed are uniquely related to the property and are not personal to the landowner; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; (f) there is a greater benefit afforded to the property owner than the public, although the reduction from the existing nonconforming setback is minimal as requested, and there will-not-be a.detriment to the health, safety, and welfare of the neighborheod~ commtmity by the grant of this variance; (g) the benefit sought by the applicants cannot be achi~%ed--by s6me-other method, feasible for the applicant to pursue,.other than an area variance -- particularly in light of the established nonconformities in this neighborhood; ~ 3 - Appl. NO. 4190 ,'~cr of JOHN AND MARIE S. SHACK ~iision Rendered September 20, 1993 / (h) in view of all the above, the interests of justice will be served by the grant of the re.q~ested relief as requested and conditionally noted below. Accordingly, on motion by Chairman Goekringer, seconded by Member Doyen, it was RESOLVED, to GRANT the relief as requested in the Matter of the Application of JOHN AND MARIE S. SHACK under Appeal No. 4190 for a proposed open deck, SUBJECT TO THE FOLLOWING CONDITIONS: 1) the setback shall not less than 40 feet from the existing bulkhead, except that a 18" to 22" (maxiK~u~ depth) step area at a width of six feet may be added at the rear of the deck. 2) the deck shall remain unroofed and unenclosed at all times {no temporary enclosures such as screening}; 3) outdoor lighting which may be proposed shall be shielded toward the ground so as not to glare onto nearly lands. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. G . IN~ER, CHA~ RECEIVED AND ~LED BY I THE SOUTHOLD TOWN CLEP~K t DATE HOUR / _ ~o~n Clerk, Town of ~out!:o~4~ i ~ODE~ICI~ VAN ]LJYL A~TTON OF THE ZOniNG eOARD OF APPEALS Appea~No. 2564 Dated June 25, 1979 ACTION OF ~ ~NG ~ OF ~ OF ~ TO~ OF ~0~ T~ Mary S~yegh 515 Shore Drive Greenport~ New York 11944 Aug 10, 1979 DATE ............ ~ ......... July 26, 1979 ~m~ 8;05 P.M. (D.S.T.) Upon application of Mary Sayegh, 515 Shore Drive, Greenport, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with 'insufficient width and area. Location of property: Shore Drive, Greenpert, New York, bounded on the north byShore Drive; east by Chasko; south by Pipes Cove; west by Morris. SEE REVERSE SEE RE!tERSE (wou/d not) SSB ,~"~'~SS APPROVED _~//~..,_/77,~ zo~.~ ~o~ o~ ~ After investigation and inspection the Board ~inds that the appli- cant is the owner of a vacant lot on Pipes Cove, Greenport, New York, which is presently merged to her house lot. The applicant wt~hes to divide this lot from the house property in order to build a dwelling for herself. The newly created lot will conform in size to the other lots in the neighborhood and in some instances will be larger. The Board agrees with the reasoning of the applicant. On motion of Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, that Mary Sayegh, 515 Shore Drive, Greenport, NeW York, be GRANTED permission to divide property with insufficient width and area. Location of property: Shore Drive, Greenpor~, New York, bounded on the north by Shore Drive; east by Chasko; south by Pipes Cove; west by Morris, upon the following conditions: (1) Board of Health approval for the sewerage systems. (2) Approval of the Suffolk County Planning Co~ission. Vote of the Board: Ayes: Messrs: Douglass, Grigonis, Doyen and Tuthill. P~CE~ED AND FILED BY 'I'}IE SoI/rHOLD TOWN CLI~K Town Clerk, Town of Southold RECE%VED 80ARD OF APPEALS TEST BORING ~, McDoneld Ge~se. Jen¢n ?/21/06 ~1 /~ Wotwr ~ Brow~ ~ · alet in ~rown ~ Cla)'e~ Sand SC ~ W~/er in Pole Br. ~ Finn S~d SP ~ LOT I~ o~ ~/ ~z.7 N. 50°38'30, VACANT PUBLIC WA TER IN STREET SHORE I00.00' ~ 'IE II.7 FIN  ~N,; 4'~ ~ SEPTIC SYSTEM ~ ~ ~.~.. ~ ~ CRoss SECnO~ LOT LOT ~ ZONE. ZONE AE ( el. S. 54'1370' I¢. FLOOD ZONES FROM FIRM 36103C0159 5/4/98 ELEVATIONS ARE REFERENCED TO NGV'D PIPES 114.2,~' COVE SURVEY OF LOTS 16, 17 & P/LOT 15 DECt ~ P/ OLOT ~ MAP OF_GREENPOR TsEc TION ONE - SHORES ~3 ~,o.~' FILED JUNE 29, 1950 FILE NO. 1759 .~ I AT GREENPORT ~ ,~ TOWN OF SOUTHOLD o: ~ SUFFOLK COUNTY, N Y. ~ 1000 - 47 - 02 - P/O 26 AREA = 15,746 sq. ft. to tkline RAIN RUNOFF CALCULA HOUSE AFTER CONSTRUCTION-2147. ;q. fL ~147 ~ 0.17 ~ I = 365 cu.//. 365122.$ = 16.4 VF GARAGE = 545 ASPHALT DRIVE~ §92 sq. ff. GARAGE & DR/VEWAY = 11~7 ~q. ft. 1137 ~ 0.17 ~ I = 193.3 cu. ff. I93..~/22.$ = 8.7 VF ~5.1 VF PROVIDE 4 DWs 6'¢ ~ 7' DEEF OR EQUAL LOT COVERAGE EX/STING E234 sq.(t. 2234/157~6 = 14%' A T COMPLETION Of' CONSTRUCTION 269~ sq. ft. ' 2692/15746 = 17% 'SCALE.-1" = 20' SEPT. [ 1998 JAN. 27, ~007 (PROP. ADDITJ ~ 5~ ~007 (LOT COVERAC~$ AUG. 12, ;~009 (PROP. ADDITION) / / -~ . ' "C, \ tN, Y,$. LIC. NO. ,]t9 (~1] 7~5 - 50,~0'.~,'~ -,jo, P. O. BOX 909 ~"~Z:i,,~-~t.,.~. ~ 1~30 TRAVELER S~:~L ...... 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