HomeMy WebLinkAbout1000-128.-6-8 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: Leslie Weisman, Chair )
Town of Southold Zoning Board
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: February 8, 2010
Re:
ZBA File Reference No. 6358 Stork
SCTM# 1000-128.-6-8
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 EXEMPT from LWRP coastal consistency review
requirements pursuant to § 268-3. Definitions. Minor Action, item F, which states.
F. Granting of individual setback, lot line and lot area variances, except in relation to a
regulated natural feature or a bulkhead or other shoreline defense structure or any activiti/
within the CEHA; fAmended 6-6-2006 bi/L.L. No. 7-2006!
Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: Lori Hulse, Assistant Town Attorney
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 4, 2009
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. # 6358 Stork.
Dear Mark:
We have received an ap[
accessory garage on non-conformin
Notice of Disapproval under ~
description form, are attached for your
Code procedures of LWRP Section
letter.
Thank you. ~
Encls.
lot. A copy of the Building Inspector's
; Code), and survey map, project
:ference.
proposal, as required under the
aested within 30 days of receipt of this
Very truly yours,
By:
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: October 26, 2009
TO: Ryan & Jennifer Stork
C/O Proper-T Permit Services
P.O. Box 617
Cutchogue, NY 11935
Please take notice that your application dated October 20, 2009:
For permit to demolish existing garage and construct new accessory two car garage at:
Location of property: 3270 Great Peconic Bay Blvd., Laurel
County Tax Map No. 1000 - Section 128 Block 6 Lot 8
Is returned herewith and disapproved on the following grounds:
The proposed demolition and construction of new two car accessory garage on this non-
conforming waterfront lot consisting of 21,974 sq. ~. in the residential R-40 District is
not permitted. Pursuant to Article III, Section 280-15 (B), "accessory buildings; on lots
20,000 - 39,999 (over 20' in height) shall have a minimum side yard setback of 20 feet.
Survey shows proposed garage at 5.7 feet from the eastern side var& where 20 feet is
required and 14 feet from the western side yard, where 20 feet is required.
*The plan notes a half bath and playroom on the second floor, which constitutes habitable
space.
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application may
require further review by the Southold Town Building Department.
CC: ~e, Z.B.A.
Proper- T Permit Services
NOV 3 0 2009
BOARD OF APPEALS
POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617
November27,2009
(631) 734-5800
Ms. Vicki Toth, Building Permits Coordinator
Southold Building Department
Post Office Box 1179
Southold, New York 11971
Re: Disapproval dated 10/26/09; Stork, SCTM #1000-128-6-8
DearMs. Toth:
The Notice of Disapproval (copy attached) referred to aboxte includes a comment concerning
"habitable space". If this comment is in any way intended to be a reason for the disapproval of the
Building Permit application, it is necessary that specific Town Code references be provided.
If the comment concerning "habitable space" is not intended to be a reason for the disapproval,
please remove it and issue a revised Notice of Disapproval.
gtork
cc: ~lllilllllll~ll~oning Board of Appeals
Michael Verity, Building Department
a subsidiary of
THE PECONIC EASTERN CORPORATION
~fitce Notes:
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
For O~fwe Use Only
-- Filed By:. Date Assigned/Aasignm eat No.
HouseNo.3270 Street Peconic Bay Blvd Hamlet Laurel
SCTM 1000 Section 128Block 6 Lot(s) 8 Lot Size 21974 s f Zone R - 40
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED 10/26/09 BASED ON MAP DATED 9/8/09
Applicant(s)/Owner(s):. Ryan and Jennifer Stork
MailingAddross:
79 Laight Street, New York, NY 10013
Telephone: 646-964-4881 Fax#: Email: rjjwstork@gmail.com
NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, buUder, contract
vendee, etc. and name of person who agent Fepre~ents:
NameofRepresentative:game$ E. Fitzgerald, Jr. foF0(~)Owner, or ()Other:
Agent's Address: PO Box 617, Cutchogue NY 11935
Telephone 631-734-5800 Fax#: 631-734-7463 Email: jefitzge@suffolk.lib.ny.us
Please check box to specify who you wish correspondence to be mMled to, from the above names:
[] Applicant/Owner(s), or [~ Authorized Representative, or [] Other Name/Address below:
WHEREBY THE BUILDENG INSPECTOR REVIEWED MAP DATED 9 / 8 / 09
AN APPLICATION DATED 10 / 20 / 09 FOR:
g] Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
[] Permit for As-Built Construction
[3Other:
and DENIED
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article I I I . Section 280- 280 - 15 (B) Subsection
Type of Appcal. An Appeal is made for: ~ 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
[3 Reversal or Other
yor appea~l I~ha~ has not been made at any time with resuect t.o this urooerty, UNDER Appeal
ear .~ ) (Please bo sure to research before completing this question or call our office for
~.~ ~t~-~o. 6187, 6232; 2009
REASONS FOR APPEAL (~ggifional sbee~ ma~ be used witk nre~ar~r's signature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties ffgranted, because:
See attached page.
(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:
(3) The amount of relief requested is not substantial because:
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
(5) Has the alleged difficulty been self-created? ( )Yes, or ( )No.
Are there Covenants and Restrictions concerning this land: [] No. [] Yes (~le~se furnish cowJ.
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 we[faro of the community.
Checl~ this box ( ) IF A USE VARIANCE IS BE~
ATTACHED USE VARIANCE SHEET: (Please
Sworn to before me this /~
dayof~ .20 ~.
No&fy Publi~ - -
~ RE~2UE~,/~A~ PLF.~E COMPLETE THE
to mu~ y ~ ~ ~
[m~ ~f A~t o~tho~ ~ent~~'
: must ~ubmit wfi~n A~fion f~m ~ner) --
LINDA J COOPER
NOTARY PUBLIC, State of New York~
NO. 01CO4822563, Suffolk Coun,~
Term Expires December 31, 20 ~' O
Applicant: Ryan Stork
REASONS FOR AREA VARIANCE:
1. An undesirable change will NOT be produced in the character of the neighborhood or a det-
riment to nearby properties, if granted BECAUSE:
The proposed garage, although significantly different in style from the existing ga-
rage/guest house, is similar in style to the approved proposed main house and is the same
size in footprint as the structure it replaces.
2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for
the applicant to pursue, other than an areh variance BECAUSE:
The benefit sought, to build a garage to replace the existing garage/guest house which
will be demolished to accommodate the relocated main house, with non.canforming indi-
vidual and total sMa, yard setbacks, is required to accommodate the proposed structure in
the front yard of this waterfront lot which is only 42feet wid~
A Cert~fwate of Occupancy has been issued for the accessory Garage/Guest House in its
present location. In order to meet the bulkhead setback required by the Code for the main
house, it is proposed that the garage be moved to a new location on the property.
3. The amount of relief requested is not substantial BECAUSE:
The existing garoge/guest house presumably met the zoning requirements when it was
constructed, including the non-conforming sideyard setbacks. Many accessory structures
in the area which have been rebuilt or renovated are significantty closer to the side prop-
erty lines than current requirements. The proposed structure is no more intrusive in this
regard than the structure it replaces.
4. The variance will NOT have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district BECAUSE:
The footprint of the proposed garage essentially maintains the existing setbacks from the
property lines. The use of the property for a single-family residence with a garage house
will be unchangetL
5. Has the alleged difficulty been self-created?
( ) Yes
( X)No
6. This is the minimum that is necessary and adequate, and at the same time will preserve and
protect the character of the neighborhood and the health, safety and welfare of the commu-
S
COUNTY OF SUFFOLK)
..........
~>Pmper-T Permit Services
Sworn ~o l~fore me lhis / ~'~ day of /~ 0 6/ ,2009.
Notary Public
L[NDA J COOPER
I~OTARY pUBLiC, State of New York
O 01CO4822563, Suffolk Count
7er P
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: Ryan and Jennifer Stork Date Prepared: 11/17/09
I. For Demolition of Existing Building Areas
Please dascn"oe areas being removed:
H. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions offirst floor extension: 22' x 37' overall
Dimensions ofnew second floor: 22' x 24' +/-
Dimensions of floor above second level: N on e
Height (from flni~qhed ground to top of ridge): Z Z ' - O'
Is basement or lowest floor area being constructed? If yes, please Proyide height (above ground)
measured from natural existing grade to first floor: N/A
llI. Proposed Construction Description (Alterations or Structural Changes)
(at~ach extra sheet ifnecessa~)- Please descn"oe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
Number of Flours and Changes WITH Alterations:
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: 2610
Proposed increase of building coverage: - 0 -
Square footage of your lot: 219 7 4
Pementage of coverage of your lot by building area: 11.9 %
V. Purpose ofNew Construction: Demolish, relocate, rebuild existing structure
VI. Please describe the land contours (fiat, slope %, heavily..wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new construction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
79 Laight Street, Apt 6E
New York, New York 10013
Chairman
Southold Town Board of Appeals
Post Office Box 1179
Southold, New York 11971
Dear Sir:
Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T
Permit Seawices to act in my behalf as my agent in the submission and processing of an appli-
cation for a variance required for a two story garage/utility accessory s~xucture on my property
located at 3270 Pecoulc Bay Boulevard, Laurel, and designated by Suffolk County Tax Map
No. 1000-128-6-8, and to furnish, upon request, supplemental information in support of the
application.
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of S0uthold'~ Code of Ethics orohibits conflicts of interest on the oert of town officers end emolovces. The ourcose of
this fo~m is to orovidc information which c~ alert the town ofoossible confilets of interest and allow it to take whatever action is
necessary to avoid same.
YOUR NAME:
Ryan Stork
(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's or compeny's name.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance ~' Trustee
Change of Zone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(If "Other", name the activity.)
Do you personally (or through your compony, 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 interesl' means a business,
including a par~ership, 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 flum 5% of the shares.
YES NO X
If you answered"YES", complete the balance of this form end date end sign where indic~tod.
Name of person employed by the Town of Southold
Title or position oftha~ person
Dcserihe the relationship between yourself (the applicant/agent/represent~ive) end the town officer or employee. Either check
the appropriate line A) through D) and/or describe 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 ~ 5% of the shares of the corporate stock of the applicant
(when the applleant is a eo~ooration);
B) the legal or beneficial owner of any interest in a non-corporate entity (when the
applicant is not a coq~oralion);
__C) en officer, director, partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Form TS 1
2oo~_
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A4
Bo
Is the subject premises listed on the real estate market for sale?
~ Yes I~No
Are there any proposals to change or alter land contours?
~E, No [] Yes, please explain on attached sheet.
1 ) Are there areas that contain sand or wetland grasses? Y e s
2) Are these areas shown on the map submitted with this application? Yes
3) Is the property bulkheaded between the wetlands area and the upland building area?
Yes
4) If your property contains wetlands or pond areas, have yo9 contacted the office of the
Town Trustees for its determination of jurisdiction? x e s Please confirm status of your
inquiry or applicafion with the Tmstees: Copy of permit attached.
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
Arc 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
stmcteres on a diagram if any exist. Or state "none" on the above line, if applicable.)
Do you have any construction taking place at this time concerning your premises? M N o
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?
the proximity of your lands on your map with this application.
No . If yes, please label
,~ and proposed nsc same
Please list present use or operations conducted at this parcel Pr~vst~ ~qnEle-'f~mSly residence
2/05; 1/07
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by A~)plicant or Project Sponsor)
1. APPLICANT/SPONSOR 12. PROJECT NAME
James E. Fitzgerald, Jr. - Proper~T Permit Services / Stork Garage
3. PROJECT LOCATION:
Municipality LatLml County Su~o~:
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
3270 Peconic Bay Boulevard Sec attached maps.
Laurel, NY 11948
5. PROPOSED ACTION IS:
[] New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Demolish existing garage/guest house; construct new garage with second-stoxy playroom/storage area and half-bath, approximately
22' x 37' overall, in new location landward of new house.
7. AMOUNT OF LAND AFFECTED:
Initially , less than 0.1 acres Ultimately N/A aa'es
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
--[] Yes [] No If No, describe briefly
Some setbacks are less than required.
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agriculture [] Park/ForestJOpen Space
Describe:
Medium- to large-size private waterfront single-family dwellings.
]Other
10.
DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[] Yes ~J.~ No If Yes, list agency(s) name and permit/approvals:
Southold Trustees, approved; NYSDEC, approved; Southold ZBA
11.
DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
~.J Yes [] No If Yes, list agency(s) name and permitJapprovals:
Southold Trustees, approved; NYSDEC, approved
12.
AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
DYes []No
PROVIDED I
S~naturo:
Date: 11/17/09
and you are a state agency, complete the
Assessment Form before proceeding with this assessment
OVER
I
Reset
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
i A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the F,ULL EAF.
[-'~ Yes DNo
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be supemeded by another involved agency.
[~Yes DNo
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattsm, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, histodc, or other natural or coltural resources; or community or neighborhood character? Explain briefly:.
C3. Vegetation or fauna, fish, shellfish or wildlit'e species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's ex~sting plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
C5. Growth, subsequent development, or related activities likely to he induced by the proposed action? Explain briefly:
C6. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briatly:
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefS.
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
[] Yes~l No If Yes, explain briefly:
E, IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes, explain bdefly:
PART III - DETERMINA'noN OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irrevemibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II wes checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
] Check this box if you have identified one or mom potentialiy large or significant adverse impacte which MAY occur. Then proceed directly to the FULl
FAF and/or prepare a positive declaration.
] Check this box if you have datermined, based on the information and analysis above aed any supporting documentation, that the proposed action WlM
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
1~./17/09
Name of Lead Agency Date
Print or Type Name of Reaponaible Officer in Lead Agency
T~tle of Responsible Officer
Signature of Respenaible Officer in Lead Agency
Signature of Praparar (ff dlfferant from respesaible officer)
Reset
MAT r'ITU CI
AURE
11952
///
IIRPORT
~ THE AREA OF THE PROPOSED
.....---] PROJECT IS CIRCLED
SOUTH
IAMESPORT
R E A T P E C
VICINITY MAP
Application regarding thc property of
Ryan Stork, SCTM # 1000-128-6-8
Represented by
PROPER-T PERMIT SERVICES
P.O. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 631-734-5800
May 26, 2008
THE SITE OF THE PROPOSED
PROJECT IS SHADED
Application regarding the property of
Ryan Stork, SCTM #1000-128-6-8
Represented by
PROPER-T PERMIT SERVICES
P.O. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 631-734-5800
May 26, 2008
LWRP CONSISTENCY ASSESSMENT FORM
1000-128-6-8
PROJECT NAME
Stork Garage
The Appllc~tion~en submitted to (check appropriate reSPonse):
ZBA Sgl ~l.-nin%Board[--] Building Dept. [] BoardofTruste~
Category of Town of Southold agency action (check appropriate'response):
(a)
¢)
(c)
Action undertaken directly bY' Town agency (e.g. capital
consmction, plsnnlng ac~vity, agency regulation, land transaction)
Financial assistance (~.g. gran% loan, ,subsidy)
P~mit, approval, license, certification: :~
Nature
and extent of action:'
Demolish existing garage/guest house; construct new garage with second-story playroom/storage area
and half-bath, approximately 22' x 37' overall, in new location landward of new house.
Locafionofactiom 3270 Peconic Bay Boulevard, Laurel
Site acreage: 0. 504 acres
Present~auduse: Residential; single-family dwelling
Present zoning class~cation: R- 40
If an application for the proposed action has been filed with the Towu of Southold agency,
the following information shall be provided:
(a) Name of applicant: Rvan and Jennifer Stork
79 Laight Street, Apt 6£
· Co) Moiling address:
New York, NY 10013
(c) Telephone nmnber: Area Code (). 646 - 964 - 4881
(d) Application number, if any:
Will the ~fion be dkec~ly undertaken, require funding, or approval by a state or federal agency?
Yes[-/~'1 No[] Ifyes, which state or federal agency?. NYSDEC
APPLICANT: RYAN STORK
SCTM #: 1000-128-6-8
Policy 1
[] YES
LWRP CONSISTENCY ASSESSMENT FORM
(Revised 9/22/08)
Foster a pattern of development in the Town of Southold that enhances com-
munity character, preserves open space, makes efficient use of infrastructure,
makes beneficial use of a coastal location, and minimizes adverse effects of
il°Pment-
[] NOT APPLICABLE
Replacement of an existing detached garage on a waterfront property, resulting in
no net gain in the area of the footprint, is consistent with the character of the water-
fi.om community, and becanse the immediate area is heavily developed it is felt
that there is no adverse impact on the desired preservation of open space. Infra-
structure use is not a factor since the project is for the replacement of an existing
structure and assuming a lower level of use. The project is certainly a beneficial
use of the coastal location, and the incremental increase in development in the area
is insignificant.
Policy 2 Preserve historic resources of the Town of Southold.
[] YEs [] NOT APPLICABLE
There is no evidence to indicate that the immediate area of the project includes his-
toric features.
Policy 3
[] YEs
Enhance visual quality and protect scenic resources throughout the Town of
Southold.
~NO [] NOT APPLICABLE
The structure proposed will not be inappropriate in the proposed location. It will be
compatible with other existing waterfi.ont structures in the area, and will not ad-
versely affect the dynamic landscape elements (tidal fluctuations, seasonal vegeta-
tion changes, changing light) which might contribute to ephemeral visual qualities.
Policy 4
Minimize loss of life, structures, and natural resources from flooding and ero-
sion.
[] YES ~0 [] NOT APPLICABLE
The likelihood of the proposed project contributing to increased hazards which
could result in the losses listed is minimal. Natural protective features will not be
adversely affected; there is an existing bulkhead and an existing retaining wall
landward of the bulkhead.
Policy 5 Protect and improve water quality and supply in the Town of Southold.
[] YEs [] NOT APPLICABL
The proposed project will utilize a new Health Department-approved on-site sew-
age disposal system. During construction a line of baybales and/or a silt fence will
be in place to minimize the chance of silt entering the bay. There will be no distur-
bance of the bay bottom during construction.
Policy 6
Protect and restore the quality and function of the Town of Southold's ecosys-
tem.
[] YES ~O [] NOT APPLICABLE
There is no wetland vegetation on the site, and as has been mentioned the property
is behind an existing bulkhead and a retaining wall. Steps will be taken to insure
that silt does not enter the bay during conslmaction. The project is not located in a
Sj~ificant Coastal Fish and Wildlife Habitat. All statutory and regulatory re-
quirements, at all levels of government, will be strictly complied with. No dredg-
ing, excavating, or filling of the bay bottom is proposed.
Policy 7
[] YEs
oeCt and improve air quality in the Town of Southold.
[] NOT APPLICABLE
The construction or use of the project as proposed will not result in significant
amounts of new air pollution.
635'3'
Policy 8 Minimize environmental degradation in the Town of Southold from solid
waste and hazardous substances and wastes.
[] YES ~O [] NOT APPLICABLE
It is not expected that the project as proposed will, over time, result in the genera-
tion of significant additional solid waste; solid waste will be disposed of in accor-
dance with the required or recommended practices of the Town and the SCDHS.
Any handling and storage of petroleum products will be accomplished through the
use of approved containers and facilities, and approved methods of handling and
storage will be followed.
Policy 9
[] YEs
Provide for public access to, and recreational use of, coastal waters, public
lands, and public resources of the Town of Southold.
[] NO ~OT APPLICABLE
This policy is not applicable to the proposed project.
Policy 10 Protect Southold's water-dependent uses and promote siting of new water-
dependent uses in suitable locations.
[] YES [] NO ~OT APPLICABLE
This policy is not applicable to the proposed project.
Policy ll
[] YEs
Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters.
[] NO ~qOT APPLICABLE
This policy is not applicable to the proposed project.
Policy 12 Protect agricultural lands in the Town of Southold.
[] YES [] NO ~OT APPLICABLE
This policy is not applicable to the proposed project.
PoHcyl3
[] YES
mote appropriate use and development of energy and mineral resources.
[] NOT APPLICABLE
The planning and construction of the project is, and will be, such that energy effi-
cient design criteria are applied throughout, based upon local and State building
codes. As has been stated, any handling and storage of petroleum products will be
accomplished through the use of containers, facilities and methods of handling and
storage as approved for residential property use and generally accepted as safe.
Site drainage and water control will be designed and accomplished in accordance
with Town policies and requirements. Roof mnoffwill be retained on-site. Excess
spoil resulting from the slab excavation will be removed to a site at which it will
pose no environmental burden.
AGRICULTURAL DATA STATEMENT
· ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
~FItI~V TO USE THIS FORM: The form must be completed by the applicant for any special use perrnig site
plan approva~ use variance, or subdivision approval on property within an agricultural distrh~ OR within
500feet of a farm operation located in agricultural districa Ail applications requiring an agricultural data
statement must be referred to the Suffolk Count? Department of Planning in accordance with Sections 239-
m and 239-n of the GeneralMunicO~alLaw.
1)Name of Applicant. Pyan ~n~ Jenpi Fer Stork
2) Address ofApplieant: 7q l,~ight Street, Ap~ 6~, New York NY 10013
3) Name of Land Owner (if otber than applicant):
4) Address of Land Owner:
5) Description of Proposed Project: Demolish/rebuiId re located exis ting garage/
guest house.
6) Location ofProperty (road and tax map number): Peconic Bay'Blvd; SCTM #1000-1Z~-6-8
7) Is the parcel wJtMn an agricultural district? []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 agricultural district containing active farm
operation(s) located 500 feet of the boundary of the proposed projecE (Information may be available through
the Town 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. u.~c u~ .... xT ........ P. ea!ty @rev_p, ~?~ Deer P~rk Avem~P
2. Dix Hills, ~TY 11746; SCT~ ~ ~nnn-~27-~-12
3.
(Please use back side of page if more than slx property owners are identified.)
The lot numbers mj~/~ of the planning Board at
~ff~ 765-1809.
765(~ ~e~.~ ~mined, in advance, when requested from either the Office
Note:
1. The local board will solicit comments ~om the owners of land identified above ia ord~ to consider the effect of the Froposed action
on their farm operation. Solicitation will be made by supplying a copy of this statement.
2. Comments retomad to the local board wilt be taken into consideration as part of the overall review of this application.
3. Copies of the c ~o~npleted Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners
identified above. The cost for mailing shall be paid by the applicant at the lime the application is submitted for review. Failure to pay at
such time means the application is not completo and cannot be acted upon by the board.
1-14-09
OWNER
IUWlql UI' ~)UUII'IULU I,"KUlWI:KI!
VILLAGE
FORMER OWNER
KII~UKU
DIST./ SUB. LOT
/
AcK / I
TY'PE~ OF BUILDING
SEAS. VL. FARM COMM. CB. MISC. Mkt. Value
LAND IMP. TOTAL DATE
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Acre
Tillable 1
¥illable 2
I-~Jable 3
N~dland
REMARKS
~wampland FRONTAGE ON WATER
3rushland FRONTAGE ON ROAD
DEPTH
Value Per Value
Acre
'oral ,,,,d ;~
BULKHEAD
DOCK
M.
Bldg.
Extension
Extension
Extension
Porch
Porch
Breezeway
Garage
Potio
Total
is"
COLOR
Foundation
Basement
Ext. Walls
Fire Place
Type Roof
Recreation Room
Driveway
Bath / Dinette
Floors K.
LR.
Interior Finish
Heat ~f). DR.
Rooms 1st Floor BR.
looms 2nd Floor FIN. B.
S-J £
PROPOSED GARAGE WITH
ROOMS AND 1/2 BATH
ON SECOND LEVEL
BOARD OF 4P~ ~.~, L$
'GARA(
TEST HOLE
LOCATION
END FENCE-
-X 0,5'
2.0'
F
I
~o I UY
EL 18
PHOTO VIEW ANGLES
Application rcgarding thc property of
Ryan Stork, SCTM #1000-128-6-8
Represented by
PROPER-T PERMIT SERVICES
P.O. Box 617, Cutchoguc, NY 11935
James E. Fitzgerald, Jr. 631-734-5800
November 19, 2009
Office Location:
T~w~ Annex/First Floor, Nort~ Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
FINDINGS, DELIBERATIONS, AND DETERMINATION
MEETING DATE: MARCH 5, 2009
ZBA File #6187 and File #6232 -Ryan Stork and Jennifer Stork, Applicants
Location of Property: 3270 Peconic Bay Boulevard, Laurel adjacent to Great
Peconic Bay CTM 1000-128-6-8
SEQRA DETERMINATION: The Zoning Board of Appe~als 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 further steps under
SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as
required under the Suffolk County Administrative Code Sections A 14-14 to 23, and
the Suffolk County Department of Planning issued its reply dated June 24, 2008 and
November 14, 2008, stating that this application is considered a matter for local
determination as there appears to be no significant county-wide or inter-community
impact.
PROPERTY FACTS/DESCRIPTION: The applicant's lot is non-conforming at 21,974
sq. ft. in an R-40 District. Parcel is long and quite narrow in shape indicating +/- 58
feet along Peconic Bay to the south and +/-58 feet along Peconic Bay Boulevard to
thg north, and +/- 525 feet along the westerly side of this property.
BASIS OF APPLICATION: Request for Variances (as amended) under Sections 280-
12, 280-116 and 280-124, based on the, Building Inspector's MaY 15, 2008 Notice of
Disapproval, and subsequent September 19, 2008 Notice of Disapproval concerning
a proposed new single-family dwelling (after demolishing the existing 1-1/2 story
single-family dWelling) and concerning the proposed relocation with possible
reconstruction of an existing nonconforming garage with nonconforming sleeping
area and a full.bathroom. The new construction is not permitted for the following
reasons: (1) the new dwelling and the new accessory building will both be less than
15 feet on a single side yard and total side yards less than 35 feet; (2) the accessory
garage building construction will contain a non-permitted code use and is deemed
by the Building Inspector to be a second dwelling; (3) the accessory garage building
will be less than 15 feet on a single side yard and less than 35 feet for total side yard
setbacks combined.
Page 2 of 5 - March'5, 2009
ZBA# 61087 and # 6232 - R~ and J. Stork
CT~f 1.38-6-8
Findings of Fact
The Zoning Board of Appeals held public hearings on this application on August 21,
2008, September 25, 2008, December 4, 2008 and February 19, 2009, 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:
Relief___~_cLuested: The applicant proposes first to demolish the existing 1-112 story,
1224 square, foot dwelling. The relief requested by applicant in the original
submission, site map dated 7~3~08 prepared by Stanley J. Isaksen, L.S. indicates a
proposed 28.4 ~. by 70 ft. single-family dwelling with setbacks at 52 feet from the
bulkhead and 35 feet from the existing retaining wall, proposed 5.3 feet and 4.2 feet
for side yard setbacks, instead of the code required setbacks of 75 feet, 15 feet and
20 feet respectively.
There was no variance requested with the original filing concerning the existing
detached garage building.
Amended Request: The accessory guest cottage constitutes a second dwelling,
which is not permitted. In the case of the waterfront parcel, the accessory
structures are permitted in front yard in a conforming front yard area with a single
side yard of 15 feet. On October 6, 2008 the applicant submitted an amended
application. During the 2/19/09 hearing, the agent for the applicant replaced the
above-referenced original plan with a new proposal for:
1) a proposed (new) two-story 32' by 70' single-family dwelling changing the
setback to the bulkhead to meet the code-required 75 ft. minimum, and proposing
the same side yard reductions; and
2) a proposed (new) 920 square foot detached guest cottage building, of
which 660 square feet would be for use as a bedroom, sunroom, full bathroom, and
the remaining 260 square feet for a one-car garage. The garage is a code-permitted
accessory use for storage and parking of vehicles, however the new building with
proposed habitable space (guest cottage) is not code-permitted in a detached
building separate from the main home.
Additional Information: During the hearing, the Board received information from
the applicant's agent as to why it is his opinion that an area variance m~y be
granted for the nonconforming use in a new building. During the February 19, 2009
hearing, discussions were also held as to why a Certificate. of Occupancy or
Preexisting Certificate of Occupancy of record would not be able to extend to a new
building, whenl the original building which predated codes was demolished, and
alternatives to consider to meet the current Codes. The Board acknowledges that
the existing accessory guest cottage predates today's codes, and a new building is
required to meet current codes (building permit and new certificate Of occupancy).
2
P~ge 3 of 5 - March 5, 2009
ZBA # 61087 and # 6232 - R. and J. Stork
CTM ~38-6-8
LV~-RP DETERMINATION: On August 20, 2008 a letter was submitted from the
Town LWRP Coordinator to the Board of Appeals confirming inconsistency with
Application # 6187, under Chapter 95, Waterfront Consistency Review of the Town of
Southold Code and Local Waterfront Revit~]~ti0n Program (LWRP) standards, when
proposing a new dwelling 42.8 feet or closer from the bulkhead along Peconic Bay. It
was also states that the applicant bring the plan to meet and/or further Policy 6.3 of
Chapter 268 of the Town Code, to the greatest extend practicable and minimize the
potential of future Structural loss. It was recommended that the action include
placement of a non-turf buffer landward of the northern bulkhead to further
protect the integrity of Peconic Bay, and installation of gutters, leaders and
drywells within the side yards or landward of the structure. On October 6, 2008 the
applicant's agent filed an amended .application, changing the location of the
proposed new dwelling at a minimum of 75 feet from the bulkhead. This revised
location would further Policy 6.3 of Chapter 268 of the Town Code, and will meet the
minimum setback requirements between the new construction and the bulkhead
adjacent to the shoreline of Peconic Bay.
Reasons for Board Action: On the basis of testimony presented, materials submitted
and personal inspections, the Board makes the following findings:
1. Town Law §267-b(3)(b)(3)(1). Grant of alternative relief will not produce an
undesirable change in the character of the neighborhood or a detriment to nearby
properties.
In viewing the neighborhood, it was noted that this lot and other nearby lots along
Peconic Bay Boulevard appear to be mapped with narrower frontages at the street
and at the bay, creating less than what actually appears at the center width of the
lots.
The applicant has applied for an area variance to create a nonconforming use in a
new detached garage building, instead of adding the +/- 660 square foot of area for a
bedroom, sunroof and bathroom to the new dwelling. Two existing buildings are
being demolished, which would allow many alternatives for applicant to pursue.
The Board informed the applicant's agent that when the existing accessory building
with garage and sleeping quarters is removed, the pre-existing Certificate of
Occupancy becgmes moot for that predated building and its nonconforming use,
although the setbacks of a new building could be accepted since it would not cause
an adverse effect or detriment to the neighborhood.
2. Town Law §267-b(3)(b)(2}. The benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an area variance.
The applicant may attach the garage to the proposed new dwelling, and this would
create one home with attached garage and would allow for additional bedrooms
above the garage, sunroom, bathroom. Also, a detached accessory building with a
conforming garage area (without a bedroom, sunroom, full bathroom) may be
allowed as a permitted use without a variance.
Page 4 of 5- March 5, 2009
ZBA.# 61087 and # 6232 - R. and J. Stork
CTM' 1.38~6-8
3. Town Law .~267-b(3)(b)(3).
A) The amount of relief requested is substantial at 100% variance with respect to the
Proposed new guest cottage use in a detached building for 260 square foot garage
floor space and 660 square foot floor space for a bedroom, sunroom and full bath-
room (guest cottage) is not permitted.
B) The amount of relief requested is not substantial with regard to setbacks, as the
lot is very narrow, and the same side yards setbacks requested with the amended
plan for the new dwelling can also be utilized for a new garage attached to the
(new) dwelling.
4. Town Law .q267-b(3)(b)(5). The difficulties are self-created. Sleeping quarters or
livable area in a new accessory building Would create a new nonconformity as a
non-permitted code use, and is permitted only when meeting Use Variance
standards of New York Town Law. An alternative is available to attach this type of
construction to the principal dwelling as per Code, and building a new garage to
meet codes. Also a new garage is permitted without a variance, when its use is
conforming without the sleeping or livable space, either as a detached structure or
attached to the owner's dwelling (as per Code).
5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a
variance (alternative relief) in this residential community will have an adverse
impact on the physical or environmental conditions in the neighborhood.
6. Town Law .~267-b. Grant of alternative relief is the minimum action necessary
and adequate to enable the applicant to enjoy the benefit of his property, 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 factors and
applying the balancing test under New York Town Law 267-B, motion was offered
by Chairman Goehringer, seconded by Member Oliva and Member Weisman, and
duly carried, to
DENY: the original request for setbacks at less than 75 feet from the bulkhead
for the new dwelling; and to GRANT alternative relief for a proposed new
dwelling based upon the setbacks indicated on the revised elevation drawing
prepared by peter Tokar, AIA (Drawing No. 1 dated 10/23/07~ submitted 02/19109)
and site plan~ prepared By Peter Tokas, A.I..~L 9/15108, date-stamped by ZBA Office
on October 6, 2008; and to
DENY: the proposed use of the accessory building as a guest cottage as applied
for, without prejudice to filing of a new apPlication to build a garage with
reduced side yard setbacks.
Any deviation from the variance given such as extensions, or demolitions which are not
shown on the applicant's diagrams or survey site maps, are not authorized under this
application when involving nonconformities under the zoning code. This action does not
4
Page 5 of 5 - March 5, 2009
ZI~A,# 61087 and # 6232 - R. and J. Stork
CT~ 1.38-6-8
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.
~ of the Board: Ayes: Me~d~'~-~r~ (Ch~i~rman), Oliva, Simon, and
We lsman. (Me m bet Schne~p~abst~ ai/n~/~ ~e~/~on was duly adopted (46).
/~E~A~D P.~GOEH~IN~ER~HAIRMAN 3//~ /2009
proved .as Applied
,EWEO BY ZBA
DECI~,ION '
PETER TOKAR~ A.I.A.
A R G,~H I T E C T
S TO. R_E. R.E$1~)EI~CE
PETER TOKAI~ A.I.A.
ARCHITECT
STORK RESIDENCE
PETER TOKAR, A.I.A.
A R C H I T E:C T
(631) 2~-4097 FI~ (6t I) 2~84099
RECE. tVED
BOARD OF ~,._
I~CEZvED
BOARD OF
Z
DESCRIBED PROPERTY
LAUREL, TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
SURVEYED FOR: RYAN STORK
JENNIFER STORK
N/F AUSTIN
RESIDENCE
SERVICED BY SCWA
PROPOSED
FOOTPRINT
CONTAININO 5 BEDROOMS
7000-128-06-008
PROPOSED SANITARY
SYSTEM
EL 18
(PROP)
OUTDOOR SHOWER
COVERED PATIO
WALL OF ADJACENT
RESIDENCE
LINE:
2-RAIL FENCE
HOLE
20'
NOTE: BLDG DRIP LINE
OVER LINE 0..3'
UTILR7 POLES (2)
NORTHERLY POLE
DLDG DRIP LINE
ON PROP. LINE
('PROP)
SCALE 1"= 60'
THE FINAL DATA OF' LOT COVERAGE FOR ALL IMPROVEMENTS EHOWN HEREON
SHALL BE:
SEPTIC TANK SPECIFICATIONS:
LEACHING POOL SPECIFICATIONS:
HISTORIC HIGH WATER LEVEL FOR THIS AREA
WAS FOUND TO BE EL, 2.26
TIMBER MON
RETAINING
WALL
SCALE 1"= 30'
GUARANTEED TO:
RYAN STORK
JENNIFER STORK
MID-ISLAND ABSTRACT, LLC
APPARENT HIGH WATER LFNE
FACE OF BULKHEAD
1 '20'$9"W
22. I7'
54' 17'22 "W
10.21'
SURVEYED: 14 SEPTEMBER 2007
SURVEYED DY
STANLEY d. ISAK$£N, dR,
P.O. BOX 294
NEW SUF~'~)LK,' 'N.Y., ~ ~ 95~