HomeMy WebLinkAbout1000-122.-9-7.20 OFvICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To:
Leslie Weisman, Chair
Members of the Zoning Board of Appeals
From: Mark Terry,
Principal Planner
LWRP Coordinator
Date February 18, 2011
Re:
Coastal Consistency Review for ZBA File Ref. STERLING HARBOR, INC. #6448
SCTM# 1000-122-9-7.20
STERLING HARBOR, INC. #6448 - Request for Variance from Code Article III Section 280-15 and the
Building Inspector's December 9, 2010 Notice of Disapproval based on an application for building permit to
construction an accessory garage 1 ) proposed garage location is other than the code required rear yard; at:
2404 Camp Mineola Rd. Ext., Mattituck, NY. SCTM#1000-122-9-7.20
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
$outhold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.
Based upon the information provided on the LWRP Consistency Assessment Form submitted to this
department, as well as the records available to me, it is my recommendation that the proposed action is
CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP.
If the action is approved, to further Policy 5: Protect and Improve Water Quality in the Town of Southold
the following is recommended.
1. Require the installation of gutters, leaders and drywells for storm water collection.
Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this
recommendation in preparing its written determination regarding the consistency of the proposed
action.
Cc: Jennifer Andaloro, Assistant Town Attorney
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 Fax (631) 765-9064
January 20,2011
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
JAN 21 2011
Re: ZBA File Ref. No. 6448 Paul]
for Sterling Harbor Inc. 1000-122-9-7.20
Dear Mark:
We have received an
Building Inspector's Notice
survey map, project description
construction of an accessory garage. A copy of the
under Chapter 280 (Zoning Code), and
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.
Encls.
Very truly yours,
Les'i
Cha~/O~6
By.t,_J~/~ x/
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: December 9, 2010
TO:
Joe Read for ~
Sterling Harbor Inc.
P O Box 783
Mattituck, NY 11952
Please take notice that your application dated November 29, 2010
For a peri'nit for an accessory garage at
Location ofpro?rty: 2404 Camp Mineola Rd., Mattituck, NY
County Tax Map No. 1000 - Section 122 Block 9 Lot 7.20
ls returned herewith and disapproved on the following grounds:
The accessory garage is not permitted pursuant to Article Ill, 280-15 which states:
"In the case AC District & Low Density Residential R80 .... Districts, accessory_
buildings & structures or other accessory_use~shall be located in the required rear yard,
subjec~t to ...
Thee survey indicates the accessory garage in the front yard.
Authorized Signature
RECE'WED
BOARD OF APPEALS
SURVEY OF PROPERTY
MATTITUCK
TOWN OF SOU?HOLD
SUFFOLK COUNTY, NEW YOEK
S.C. TAX No. 1000-122-09-?.20
KRAUS ROAD
d,,
-%.
a,
$ 84,50'50' W
1 $0.00'
TEST HOLE DATA
Nathan Taft Corwin III
Land Surveyor
PH~ME (LI1)TZT.~2GgO Fox (651)727-1727
C'
CONSTRUCTION PLANS
~ 50 STERLING HARBOR LANE
SOUTHOLD, NY ~ ~ 97~
STERLING HARBOR DESIGNS
P.O. BOX 783
MATTITUCK N.Y 11952
631-445-4348
JOHN FOK1NE
CONSULTING ENGINEER
P.O. BOX ~ 064 SHELTER ISLAND NY
631-276-o133
Fee: $ _Fil¢d By: _ Assignmcnl No
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
HouseNo. ~o~ Street f~4! 1~,,4~,>,[,~,. ~'~{ IIamlet ~,!,.r'7,~,~(,, i~
SCTM I000 Section I ~L -Z_Biock <~ Lot(s) ~. ~ ~ Lot Size ' ~ e,~, Zone
I (WE) APPEAL,THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED q / ~ I { ~ BASED ON SURVEY/SITE PLAN DATED
Applicant(s)/Owner(s): ~f~ g .t~J ~
Telephone: ~[-qq ¢-~%q <~Fax: Entail:
NOTE: In addition to [he above~ please complete below if application is signed by applicant's attorney, agent,
architect, builder, contract vendee, etc. and name of person who agent represents:
Name of Representative: ~-;c~t~ ~'~'- for ( ) Owner ( )Other:
Address:
Telephone: Fax: Email:
Please check to speciJ~ who you wish correspondence to be mailed to, from the above ttamcs:
~Applicaut/Owner(s), ( ) Authorized Representative, ( ) Other Name/Adtlress below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED /~ ~ ~ ~ c) 7~ and DENIED AN APPLICATION DATED
~}(~B~uildin g Permit
( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy
( ) Change of Use
( ) Permit for As-Built Construction
( ) Other:
FOR:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numberer. Do not quote the code.)
Article: ~ Section: oQ~'fffl Subsection:,
Type of A~l. ~Tn Appeal is made for:
C4A Variance to the Zonin Code or Zonin ap.
v, ,-7---( ) A---'Variance due to lack of access required by New York Town Law- Section 280-A.
( ) Interpretation of the Town Code, Article Section
( ) Reversal or Other
A prior appeal ( )has, QQ has not been made at any time svith respect to this property.,
UNDER Appeal No(s). Year(s). . (Please he sure to
'ese rc'h heft)re c >mplcting tht~ question or call (mr ol~ice fll~ av~t vtance)
Name of Owner: ZBA I, ile #
REASONS FOR APPEAL (additiot al sheets tnaF be used vith preparer's s(qnature):
AREA VARIANCE REASONS:
(I) An uudesirable change will aot be prodnccd in the CIIARACTER of tile neighhorhood or a
detriment to nearby properties if granted, because:
(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 amonnt 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 tile neighborhood or district because:
(5) itas the alleged difficnlty been self-created? ( )Yes, or
Are there Covenants and Restrictions concerning this land: ~;~No. [] Yes (please fitrnish copv).
This is tile MINI1MUM that is necessary and adequate, and at the same time preserve and protect tile
character of the neighborhood and the health, safety, and welfare of the community.
Check this box (
ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) ~ ~
S~gnamre~of Appellant or Authorize(~ Agent
(Agent must submit written Authorization from Owner)
Sworn to before me this
day of ,20__
) IF A USE VARIANCE IS BEI?qG REQUESTED, AND PLEASE COMPLETE TIlE
Notary Public
Applicant:
APPLICANT'S PROJECT DESCRIPTION
I. For Demolition of Existiag Building Areas
Please describe areas being removed:
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extenSion: I ~ 5( ,.~ ~(
Dimensions of new second floor: ~7~
Dimensions of floor above second level: ~ c'v~o
Height (from finished ground to top of ridge): £~' ~
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural ex/sting grade to first floor:
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: I %'~,e
Number of Floors and Changes WITH Alterations:
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage: _
Square footage of your lot: Q ~ ~-y~ --
Percentage of coverage of your lot ~by building area:
V. Purpose of New Construction:
VI. Please describe the land Contours (flat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requiremeut(s):
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new coustruction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPI,ICATION
the subject premises listed on the real estate market for sale?
""~'X ' Yes No
_here any proposals to change or alter land contours?
No Yes, please explain on attached sheet.
1.) Are there areas that contain sand or wetland grasses? ~ c~
2.) Are those areas shown on the survey submitted with this application? '*T q
3.) Is the property bulk headed between the wetlands area and the upland buililing
area? ~c~ ,~-- ~
4.) If your property contains wetlands or pond areas, have you contacted the Office of
the Town trustees for its determination of jurisdiction? ,/d r, Please confirui status
of your inquiry or application with the Trustees:
and if issued, please attach copies of permit with conditions and approved survey.
Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level?
Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting?_ Please show area of the
structures on a diagram if any exist. Or state none on the above line.
Do you have any construction taking place at this time concerning your
premises? r~ Q If yes, please submit a copy of your building permit and survey as
approved by the Building Department and please describe:
Please attach all pm-certificates of occupancy and celxificates of occupancy for the
subject premises. If any are lacking, please apply, to the Building Department to either
obtain them or to obtain an Amended Notice of Disapproval.
Do you or any co-owner also own other land adjoining or close to this parcel? lq, t~?
If yes, please label the proximity of your lands on your survey.
Please list present use or operations conducted at this parcel "~ --~ q[ ~- -~ ~ \ ~/¢
and the proposed use ~< c,,. ~
d'~Snt~ r~ ~ ~ . (ex: ex $ ngs ngle fm~nly proposed same with
garage, p~:~ or other) y '
PROJECT ID NUMBER
PART I - PROJECT INFORMATION
3.PROJECT LOCATION:
PRECISE LOCATION: Street Addess a~d Road intersections
61720
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
( To be completed by Ap ~licant or Project Sponsor)
2 PROJECT NAME
IS PROPOSED ACTION: ~/New r--]Expa~sioa [~Modiflca~Jon/alleralion
SEQR
6 DESCRIBE PROJECT BRri~cLY:
Initially' acres Ultimately ' acres
i WILL ROPOSEO ACTION COMPLY WITH EXISTING ZONING OR OTNER RESTRICTIONS?
[] No tt no, describe bdefly;
9. WHAT IS PRESEI~T LAND USE iN VICINI1~ OF PROJECT? (Choose as many es app y.)
~den[ial r--ltndus~rial I'--lcomrnerCial l~Agriculture [~ Park / Fores{ / Open Space I-~lO~her (~e$c~be)
10 DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
11 ODES ANY ASPECT OF THE ACTION HA, VE A CURRENTLY VALID PERMIT OR APPROVAL?
I---lYes I~No II yes. list agency name and permit / app¢o~ah
12.~yesAS A [F~UNoLT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
/I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWI-EDIE
If the action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
PART It - IMPACT ASSESSMENT {To be completed by Lead A~lenc~/1
A DOES ACTION F-XCEED ANY TYPE I THRESHOLD IN 6 NYCRR, pART 617.47 ~f Y~S. cc~rdina~e the review process and use Ihe FULL EAF~
B WILL ACTI(~N RE'~EIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTtONS N 6 NYCRR. PART 6176? If NO, a negate
[] yes ~N~ by another involved agency
C. COULD AC33ON RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOW. lNG: (A~swers may be ha~lwdlten, [~ b~lble)
C1. ExtslJ~g air quality, s~ace or gxoundwater quality or quanUty, noise levels, exisling baffle pattern, solid waste pmd~on or disposal,
eql~n~l ~r el~io~l, drainage o~ t~3od~g problems? Expla~ bite~ly:
C2. Aesthete. a~u~u~a, arc~a~oiogl~al, hls~ e' 0~er natural or cul~ra~ ~m~sior COmmunity ~ ne~ghborho~l ch~;'ac~.' Expisln bris~y;
C3 Vegetation or ~auha, fish. shellr~h or wildlife species, signJ~ca nt h;bitab,I c,' threa~'~¢da~g~*ed species? ~x-i~i~in
C4. A m rr~Jr, iD/'s existing plans o* goals as off~ci~ 'adople~. o,' a change ih use or Iniensay otuse ~f land or olher natural resounces? Ex~)~ai~ b~; fry;
C5. Growth. subsequent development. ~- tela~ ~cfivffies ~k;i~ to ~ n~uced by the pr0POs~d ;(~;g? Explain briefly:
C6. Lo~cjte,"m, lhor~,rm, cumulaeve, orot~ereffectsno'iidengf-ledin Cl.C57 F~ai"hH;fly: .........
C7. OIher imge~s {t-n~l ~.~in ~ '¢h;n~$ ih use o~ eilh;r quar~J~y ~'¢~' ;i e;er~¥? Exp a n bde I~
E. IS~]ye$ ~jTHERE' OR IS T~HERE. LIKELY TO BE. COmROV~SY, ,,, , . , ,, RELATED TO ,POTENTIALrll, i ri ~VER SEr ENVIRONMENTAL IMPACTS?, ~f,veS,,I, , ~x~llain:r.. , J
PART III ? DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: Foreac~adverseeffectidentil~ed above, determinewhether itissubstanflal, lai-ge, imporlantorott3orwisesigniflcant. Each
effect sttould be ass~sed in connection with its (a) setting (i.e. u~an or rural); (b) probability of occurring; (¢) duralion; (d) itreversibJlity; (e)
geographic Sc~)pe; and (t) magnitude. If necessary, add attachments e~ reference supl:~3~ng mate~is!s. Ensure that explanafior)s contain
sufficient detail to show that al! ~'elevant adverse impacts have been idenUfied and adequately ~ddressed. if question d of part ii was checked
yes, the (~etermina~onof signJr~aac~ must evaluate the polentJalimpact Of the proposed action on the environmental characteristics of the CEA.
Check this box if yo~ have lden~i~'md one or mom potentially large or sight§can{ adverse impacts which MAY occur Th~n proceed direcgy to the FULI
Name o~ Lead Agency
Date
Title at Responsible Officer
TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STRE. ';~. q p~,'
~ ~ VILLAGE DIST. SUB. LOT
FORMER,C~NER N ~ E ACR.
~¢~,~ ~. ~ s x w ~P~OF.UmmNa
~s. s~s. w,~ { { f~M COMM. C~, Ml~, M~.
~ND IMP, TOTAL DATE RE~RKS
~ ~ I a
Tillable FRONTAGE ON WATER
W~land FRONTAGE ON ROAD
Meadowl~d D E PTH
Hou~ Plot BULKH~D
Totol
Town of Southold
LVVRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actiott~ including Building Permits
and other miniaterial permits not located within the Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which inclndes all of Southold Town).
If any question in Section C on this form is answered "yes", then the proposed action may aflizct the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
detem~ination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (souflloldtown.northfork.net), the Board of Trustees Office, the Plaoning Department, all
local libraries and the Town Clerk's office.
B. I)ESCRIPTION OF SITE AND PROPOSED ACTION
The Application has been submitted to (check appropriate response):
Tow,,Board [] Pla,,ni,,gDep,.~ BuildingDept.¢ Board ofTrustees/~
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
(b) Financial assistance (e.g. grant, lo~tn,~ub~
(c) Permit, approval, license, certification:
Nature and extent of action:
I.ocation of action:
Present land use:
Present zoning cl=sification:
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name ofapplicant: ?~C t5 l./ ~g"',/{ q 't'%l P"
(b) Mailing address:
(c) Telepbonenun, ber:AreaCode( ) /-.07~} --~C~- ~ ~cf~
(d) Application number, il'any:
Will the action be directly undertaken, require fimding, or approval by a state or t~deral agency?
Yes [] N/9.[~5~ If yes, tvhich state or t~derat agency?
DEVELOPED COAST POLICY
Policy 1. FosterapatternofdevelopmentintheTownofSouthold that enhances commanity character,
preserves open space, makes efficient use of infrastructure, makes beneficial nsc ora coastal location, anti
mini~nizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evalnation
criteria.
[] Yes [] No/J~ (Not Applicable- please explain)
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
[] YesF~ NoF'~((NotApplieable-pleaseexplain)
Atlach additional sheets if necessary
Policy 3. Euhauce visual quality and protect sceuic resources throughout the Town of Soutbold. See
LWRP Section I11 - Policies Pages 6 through 7 for evaluation criteria
[~ Yes [] No [~ (NOt Applicable- please explain)
Atlach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section 111 - Policies Pages 8 through 16 for evaluation criteria
[] Yes [] No ~ (Not Applicable- please explain)
Attach additional sheets if necessaW
Policy 5. Protect and improve ;vater qnality and supply in the Town of Southold. See LWRP Sectiou 111
- Policies Pages 16 through 21 for evaluation criteria
Yes [~ No ~k~(Not Applicable- please explain)
Attach additional sheets if necessa~
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats aud wetlands. See LWRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
[~ Yes [] No ~'(Not Applicable - please explain)
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria. See Section Ill - Policies Pages; 34 through 38 for evaluation
criteria.
Attach additional sheets if necessary
Policy 8. Miniinize environmeutal degradatiou in Town of Southold from solid waste and hazardous
substances and ~vastes. See LWRP Section Ill - Policies; Pages 34 through 38 for ewduation criteria.
[] Yes ~1 No )~ (Not Applicable- please explain)
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Sectioo Ill - Policies; Pages 38 through 46 for evaluation
criteria.
[] Yes~ No~ (Not Applicable- please explain)
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of uew water-depeudent uses in
suitable locations. See LWRP Section I11 - Policies; Pages 47 through 56 fi~r evaluatiou criteria.
!7~ Yes I~! No (Not Applict, I)le-lfleasc cxplaiut
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Towu. waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
Anach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Soutbold. See LWRP Section 111 - Policies; Pages
62 through 65 for evahmtion criteria.
~ Yes [] No'Not Applicable- please explain
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
[] Yes [] No'~Not Applicable- please explain
--! / ~