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Home My WebLink About1000-51.-4-17 OFFICE LOCATION: Town Hail 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 To~ MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: November 1, 2011 Re: Coastal Consistency Review for ZBA File Ref. DAVID MOORE #6515 SCTM#1000-51-4-17 DAVID MOORE #6515 - Request for Variances from Art. XXII Code Section 280-116A(1), Art. XXIII Section 280-124 and Art. II1 Section 280-15 and the Building Inspector's June 17, 2011, updated September 16, 2011, amended October 4, 2011 Notice of Disapproval based on a building permit application for "as built" additions and alterations to existing single family dwelling and accessory hot tub at; 1) at less than the code required setback of 100 feet from the top of bluff, 2) more than the code required maximum lot coverage of 20%, 3) accessory structure located in other than the code required rear yard or front yard on waterfront properties, located at: 21075 Soundview Avenue (adj. to Long Island Sound) Southold, NY. SCTM#1000-51-4-17 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 LWRP policy standards and therefore INCONSISTENT with the LWRP. Policy Standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. The proposed action residential structure (deck) is not water dependent and not permissible within a Coastal Erosion Hazard Area. Due to hiqh rates of erosion in this area, development (disturbance of soils, physical improvements) of the areas should be avoided. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The as-built structure is located O' from the top of bluff with the siqnificant portions of the (deck) located seaward of the Coastal Erosion Hazard Line. Note, that the Notice of Disapproval references a 9' setback from the top of bluff, acknowled.qinq the proposed site plan. This proposed removal of 9' does not comply with Chapter 111, Coastal Erosion Hazard Areas. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. d. sites where relocation of an existing structure is not practical The residential structure does not functionally require a location on the coast, is not water-dependent and is not public. Therefore, maintaininq the deck in thP. current location (with the nine foot removal) is not warranted and it is recommended that portions of the deck be removed to iust landward of the Coastal Erosion Hazard Line to the qreatest extent practical. Figure 1. Subject parcel in relation to the Coastal Erosion Hazard Area Line (2004). Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction I. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions Research indicates that neither a Chapter Ill,Coastal Erosion Manaqement Permit or a Chapter 275, Wetlands Permit have not been applied for or issued for improvements including the deck. Aerial photos and submitted plans indicate that the proposal to remove 9' from the existing deck will not remove the deck from the Coastal Erosion Hazard Area. It is recommended that the deck be removed to landward of the Coastal Erosion Hazard Area Line (outside of the Coastal Erosion Hazard Area). Areas with exposed soil should be replanted with native, drou.qht tolerant veqetation to stabilize the top-of-bluff. The veqetation should be included within a perpetual landscaped buffer. Figure 2. Subject Parcel (2006). Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK 1SSUEDTO: D V &IDa 'N MOORE DATE: PROPERTY ADDRESS: 2 SO DVIEW VE. SOUTHOLD SCTM#$1-4-17 AUTHORIZATION pUrSuant to thc provisions of Chapter 275 ami/or Chapter 111 6£ the Town Code of the T~wn of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting I~d on ~ in considea'ation of application fee in thc sum of $~paid by ~;L~L~g&.~g~ and subject to the Terms and Conditions ns stated in thc Resolution, the Southold Town Board of Trustees authorize~ and permits the following: Wetland Permit and Coastal Erosion Permit to install up to 155' of new lower sheet steel retaining wall; remove 155' of existing bulkhead and construct new bulkhead in-place; backfill with approx. 600 cy. fill and re-vegetate disturbed areas with native vegetation; and install drain tilos from roof leaders opd two (Z) catch basins, with the condition the drainage from ~e' dwellmg complies with Chapter 236-Stormwater Management of the Town Code, and the drainage pipe beneath the stairs on th'~ bluff is removed,.and ns depicted on tl~plan prepared by Coste!lo Marine Contracting Corp. la dated April 16, 2610, IN WITNESS WHEREOF, ~e said Board of Trustees he,by causes its Corporate Seal to be affixed, and &ese presents to be subscribed by a majority of the said Board as of this dat~. Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTItOLD TOWN BOARD OF APPEALS House No. 21075 Street Soundvew Avenue Hamlet SouthoId SCTM 1000 Section 51 Block 4 .Lot(s) 1 7 Lot Size '9 lA Zo.e I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~2om BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): David Moore Mailing Address: C/O 24/7 Real Media 132 West 3'1 st St 0th fl. NY NY10001 Telephone: 212-231-7101 Fax: Email: david.moore@247realmedia.com NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Amy Martin _for[~)wne~Other: Address: Fairweather Design Assoc.,Inc 205 Bay Ave. Greenport NY 11944 Telephone: 477-9752 Fax: 477-0973 Email: fbdainc@optonline.net l~Ae check to specify whoyo w~_~ correspondence to be mailed to, frq~e above names: pplicant/Owner(s), ~l~JAuthorized Representative,u Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ~t~aao~ and DENIED AN APPLICATION DATED ca~z/~0~ ~ Building 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 numbers. Do not quote the code.) Article: >c<, Section: 280-116A Subsection: Type of A~peal. An Appeal is made for: Iff[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 F~ReVr~ or Other A prior appeal ~ has, [] has not been made at any time with respect to this property, UNDER Appeal No(s). ,~,.~S/ Year(s). / q~ . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File # REASONS FOR APPEAL (additional sheets .lav be used with preparer's s'(~nat ere) AR/:)I I/ARIANCE REASONS: (1) An undesirable change will nde be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if gte ~ted, because: We are asking to reduce the amount of non-conformance in the setback from the bluff as suggested by the lrustees.., and this reduces lot coverage lot coverage 4% landward of CEHL (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: The original home was in close proximity to the bluff and predated the code as a pre-existing non-conforming location. The lot coverage code change would have precluded any waterside deck addition without a variance. (3) The amount of relief reqnested is not substantial because: The addition of the bluff-side deck was made pdor to the code change designating lot coverage be only landward of CEHL and had proper permits been sought would have been allowed at a reduced size than what has been constructed, what is being sought would have been 19% (4) The variance will NOT have an adverse effect or impact on thc physical or environmental conditions in the neighborhood or district because: we seek to mitigate the proximity to bluff and run-off concerns as discussed on site with the Trustees. Thereby lessening the environmental impact. Other than the remaining as-built decks, the balance of the lot coverage was pre-existing (5) Has the alleged difficult' been self-created? ~TYes, or [~No. Are there Covenants and Restrictions concerning this land: ~'lNo. [-'-]Yes (please furuish cop},). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood ami the health, safety, and welfare of the comnmnity. Check thL~' box ~ IF A USE VARLdNCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE I'MRIANCE SHEET: (Please be sure to~.c~nsultyour attorney.) Sigh'~ture ~'~A/~ellant or Authorized Agent Sworn to bqfore me this { ~ (Agen~ musl ub~t wriOen Authorization from Owner) day of .~o DT(vv~IOfi~O . Notary Pu b/~c - 8RIITANY A. GI~IOI~O NO. 01GE6245154 Qual~,d in Suffolk County ~ Commission Expires July 18, L~ ~__~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:Amy Martin for David Moore Date Prepared: 9/5/11 I. For Demolition of Existing Building Areas Please describe areas being removed: 1,162 square feet of decking to be removed from the bluff's edge deck, ramp & stairs of as-built deck.& assorted other small platforms leading to bluff stairs, to be replaced by non-turf buffer and where necessary for paths with stone set in sand for permeability II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 0 Dimensions of new second floor: 0 Dimensions of floor above second level: 0 Height (from finished ground to top of ridge):0 Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/^ Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: g~6. (sr/klb' ~].,~'~q~,~' ~9(0 ~0{~> ~,~1~, '7 Proposed increase of building coverage: (t.138.q) Square footage of your lot: Total 39855.q landward of CEHL 2§.735.3 Percentage of coverage of your lot by building area: Total t 9% landward of CEHL 25% V. PurposeofNewConstruction: demolitionofseaward9'ofdeckingforfulllengthofhouseandassortedwalkways, ramps & landings as per Trustees recommendations to provide 9' non turf buffer between deck and top of the bluff with all house roof & deck leaders, Rutters & drainaqe to be directed landward to dry well{s) 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 requirement(s): Slopes away from the bluff at varying contours, bluff edge being the highest part of the property 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 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION / Is the subject premis¢isted on the real estate market for sale? Yes V No Are~ere any proposals to change or alter land No Yes please explain on attached sheet. 1.) Are there areas that contain sand or wetland grasses? ~0~ 2.) Are those areas shown on the survey submitted with this application?~.. 3.) Is the pmp. erty bulk headed between the wetlands area and the upland bfiilding area? 4.) If your property contains wetlands or pond areas, havefyou contacted the Office of the Town trustees for its determination ofjurisdiction?l~ __Please confirm status of your inquiry or application with the Trustees: ~q'~t~ and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? _.'l~tlllJY'trO$0 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? P{'0 Please show area of the structures on a diagram if any exist. Or state none on the above line. ,~,1!~'~1~4-' F. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. G. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. H..,Please list present .use, or operations conducted at this par~~~'~$ ~l~l'~ Jl~,~-l] ~ and the proposed use [i~gl'l~ 1~S'[- ..... m ~ ~ ~ . (ex: existing single family, proposed: same with garage, pool or other) A~d-thorized ~t,gnature and Date COUNTY OF SUFFOLK (~ K '~'~;'~ ~ ,o,,,~o~ sc~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider South61d Town Hall [ 53095 Main Road · P.O. Box~'1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 30, 2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 SEP Re: ZBA File Ref. No. #6515 (Moore) St. Dear Mr. Terry: 3,.0 20LL We have received an application for "as built" additions/alterations to an existing dwelling in Southold. 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, Leslie K. Weisman Chairperson Ends. Survey of Property Prepared for: David Moore Surveyed: May 16, 2010 Town: Southold Suffolk County, NY 1" = 30' I N P~r~nc~ D~ed Liber qb21 Page 005 Lot Areo= O.qi Acre5 Impermaoble ROck Long Island SOund N84°52'30"E 149.41, pence ;2 5torq {=came ESul rcilnc_l ~ro$~on 158.75' ~rc~me 15-/0' t:o P-.oacl Sound View Avenue Robert H. Fox NYSPLS # 50197 144 Troutbmok Lane Riverhead, NY 11901