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HomeMy WebLinkAbout1000-111.-1-24,25,26 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 MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: MarkTerry, Principal Planner LWRP Coordinator .Date: May 9, 2012 Re: Proposed Wetland Permit for ANTHONY CAMPO SCTM#1000-111-1-24,25,26 The Southold Zoning Board of Appeals issued a permit (attached) for the action on February 12, 2012. The survey submitted to the Board of Trustees does match the survey approved by the Zoning Board of Appeals specifically: 1. The limits of clearing/haybale line has been removed. 2. The natural area to remain as a non-disturbance buffer limits are not marked/clear. Mark K. Schwartz, Architect on behalf of ANTHONY CAMPO requests a Wetland Permit to demolish the existing dwelling and replace in same general location, meeting flood zone regulations; existing septic system to be removed and new one installed further from the water and at a higher elevation with retaining walls; install dr,jwells to control water run-off from the dwelling; construct alterations to existing shed; rebuild deck; re-side building; and remove existing bath, utility use only. Located: 1165 Haywaters Rd., Cutchogue. SCTM#111-1-24,25,26 Figure i. Subject parcel. 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 determination that the proposed action is INCONSISTENT with the below listed LWRP polices and therefore INCONSISTENT with the LWRP: Policy 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 halyards are recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 3. 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. d. sites where relocation of an existing structure is not practical The "as built" shed and deck do not functionally require a location on the coast and is not water dependent. Policy 5.4 Limit the potential for adverse impacts of watershed development on water quality and quantity. Protect water quality by ensuring that proposed expansion or intensification of existing watershed development results in: 1. protection of areas that provide important water quality benefits 2. maintenance of natural characteristics of drainage systems, and 3, protection of areas that are particularly susceptible to erosion and sediment loss Limit the individual impacts associated with development to prevent cumulative water quality impacts which would lead to a failure to meet water quality standards Correspondingly, the proposed action does not comply with Policy 5.4 (above) and Chapter 236. Pursuant to § 236-15. The fill activities (2087 cubic yards) require that a Stormwater Manaqement Plan be prepared. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem A. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. B. Comply with statutory and regulatory requirements of the State's wetland laws. Comply with the regulatory requirements of the Tidal Wetlands Act for the protection of mapped tidal wetlands including coastal fresh marsh; intertidal marsh; coastal shoals, bars and fiats; high marsh or salt meadow; littoral zones; and formerly connected tidal wetlands. The "as built" shed and deck were constructed without the benefit of review and/or permits. Policy 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff. Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. If the action is approved, it is recommended that a perpetual NON-DISTURBANCE BUFFER (varying widths) be required landward from the tidal wetlands. It is recommended that the NON-DISTURBANCE BUFFER area be staked prior to any construction on-site. 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 MEMBERS Leslie Kancs Weisman, Chairperson James Dinizio, Jr. Gerard P. Ooehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, Capital One Bank 54375 Main RoM (at Youngs Avenue) Southold, NY 11971 http://sout holdtown.norlh fork.net ZONING BOARD OF APPEALS RECEIVE9 Town oF SOUTI OLO .,_ I :;/.3 Mv.v. TrnG OF FEBRUARY 15, 2012 S'outhold Town Clerk ZBA FILE: 6531 NAME OF APPLICANT: Anthony Campo CTM: 1000-111-1-26/25 PROPERTY LOCATION: 1165 Fisherman's Beach Rd. (adj. to Cutcbogue Harbor), Cutchogne, NY SEORA 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 further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was refen'~ aa required under the Suffolk County Administrative'Code Sections A 14-14 to 23, and the Suffolk County D~partment of Planning issuent its reply dated January 12, 2012, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Lecal Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his recommendation dated January 24, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well aa the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicant's property is an irregular, triangular shaped 45,704.89 sq. ft. waterfront parcel in tho R-40 Zone. The property consists of merged lots 1000-111-01-26 and 1000-111-01-25, separated by a 33 R ROW between the two lots. The northerly lot line, including a portion of underwater area, is adjacem to Haywaters Cove. The southerly lot line is adjacent to another property and access to the 33 ft. ROW. The westerly lot line is adjacent to Cutehogue Harbor. After subtracting wetland areas, rite property has 39,347.15 sq. ft. of remaining boildable area. The parcel is improved with a single family dwelling located on lot 26, and an accessory structure located on lot 25, as shown on the site survey S-I drown by Mark Schwartz & Associates, dated Jan, 07, 201 I. The subject of this Appeal relates to the proposed alterations to the "as built" accessory smacture. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-122, based on an application for building permit and the Building Inspector's April 13, 2011, updated Deeemher 2, 2011 Notice of Disapproval couccming 'as built' alterations to existing shed and deck, at 1) nothing in this article shall he deemed to prevent the remodeling, reconstruution or anlargemant of a nonconforming building containing a conforming use provided that such action does not create any new nonconformance or increase thc degree of nonconformance with regard to the regulations pertaining to such buildings, the 'as built' structure has no record of a CO. RELIEF REOUESTED: The applicant requests a variance to make alterations to, and to construct a deck attached to a nonconforming "as built" accessory structure, with a conforming use, as a shed, that has no CO on record. Page 2 of 3- February 15,2012 ZBA File~6531 - Campo CTM: 1000-111.1-26/25 ADDITIONAL INFORMATION: This property was the subject of a prior decision in Appeal 2184, dated Sept. 10, 1976, whereby the Applicant was granted a variance to relocate the existing single family dwelling to another location on this property, with a nonconforming, 0 feet, front yard setback from a ROW that divides lot 25 from lot 26. Through ZBA action in the same decision of Appeal 2184, the existing accessory structure was granted use as a guest cottage and lot 25 and lot 26 were officially treated ns merged. Since then, they are considered to be one property, even though the two lots are separated by a 33 ff unimproved ROW. This property was also the subject of a prior decision in Appeal 6411, dated Nov. 16, 2010, whereby the Applicant was granted a variance for the demolition and re-building of the existing single family dwelling, with variances granted for a nonconforming front yard setback of 4.4 feet measured to the edge of the ROW, a nonconforming rear yard setback of 26.5 feet, and a nonconforming setback from a bulkhead of 34 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 2, 2012, at which time written and oral evidence were presented. Based upon all teXtimony, documentation, personal inspection oftbe property, an assessment of the character oftbe neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law ~267-b(3)fbXl). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The "as built" accessory structure has existed at the same location since prior to creation of Town Zoning Code. This property consists of two merged Iota, although separated by a 33 fi. ROW, with an existing single family dwelling also located on thc same property. Accessory structures arc allowed by Code on property already containing a principal st'ructure (dwelling), albeit by using a building permit process that did not exist when this accessory structure was built. 2. Town Law ~267-bf3gbg2L The benefit sought by the applicant cannot be achieved by some method, feasible for the applicam to pursue, other than an area variance. Because the accessory structure was built prior to Zoning Code, without a building permit, and does not have a valid CO or pre-CO, a variance is required for any alterations. 3. Town Law ~267-b(3Xbg$). The variance granted herein is not substantial, considering that it is a pre-existing accessory structure located on a lot merged with an adjacent lot, although separated by a ROW, and the combined merged parcel also contains a principal structure in the form cfa single family dwelling. In addition, the applicant proposes to reduce the intensity of use by eliminating the guest cottage use and by using the structure only as a garden room and storage shed. 4. Town Law ~26%b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The accessory structure will have an outdoor water spigot, and minimum of electric service. The single family dwelling on the property, when re-constructed as directed by the decision in Appeal 6411, will be connected to a newly installed septic system. The accessory shed will be disconnected from an obsolete septic system that had served both structures, and the shed will not have any bathroom, or connection to the new septic system. 5. Town Law §267-b(3}fb}¢Sk The difficulty has been self-created because the Applicant purchased the parcel niter the Zoning Code was in affect, and it is presumed that the Applicant had actual or constructive knowledge of the limitations on the use oftbe parcel under Zoning Code in effect, prior to, or at the time of purchase. 6. Town Law ~267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated shed and deck, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 of 3 - February 1 $, 2012 ZBA File#6531 - Campo CTMc 1000-111-1-26/25 RESOLUTION OF THE BOARI~: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Homing, seconded by Member Schneider, and duly carried, to GRANT~ the variance as applied for, and shown on the site survey S-I drawn by Mark Schwartz & Associates, dated Jan, 07, 2011. Conditions: 1. Utilities for the shed will consist of an outdoor water spigot, and electric service for lights and work receptacles. 2. No bathroom, bedroom, kitchen facilities or habitability are permitted. 3. The shed shall be fitted with gutters and leaders and a drywell to control on site roof runoff as per code 4. Town Board of Trustees permit is necessary before beginning any construction. 5. The existing R.O.W. shall remain with unobstructed access for the entirety of its length. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when i~suect Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a n~v application and public hearing before the Zoning Board of Appeals. Any deviation from thc variance givm such as extensions, or demolitions which are not shown on the applicant's diagrams or survey sit~ maps, are not authorized under this applination when involving nonconformities under the zoning code. This aolion does not authori~ or condone any current or future use, setback or other f~ature of thc subject property that may violate the Zoning Code, other than such uses, s~lbacks and other features as are expressly addressed in this actle~. The Board reserves the right tu 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 Fdeisman (Chairperson}, Schneider, Dinizio. Horning. Member Goehringer was absent. This Re~olution was duly adopted (,[-0}. Leshe Kanes We~sman, Chmrperson Approved for filing 0Y. //~ /2012 Town of Southold 1. All applicants for permits including Town of So~ff .o1~t agencies,/4hall complete this CCAF for proposed actions that are subject to the Town of Southc l~ate~9fft Consisten?y Revie?y Law. This assessment is intended to supplement other information uses[A3y .a To.wn. of.. Sou~th.o.l.d. age. ncy in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the CoastflgErosion 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 Waterfxont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessaxy, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Depax tment, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 111 _ 01 _24,25,26 The Application has been submitted to (check appropriate response): TownBoard ~ Planning Dept. ~ Building Dept. [~ BoardofTrustees 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) I~] (b) Financial assistance (e.g. grant, loan, subsidy) o 2012 (c) Permit, approval, license, certification: [-'] Nature and extent of action: Demolish existing 2 story house with deck and rebuild new 2 story house with deck at compliant finished floor height elevation. Wood frame construction with a masonry crawl space foundation. Existing septic system to be removed and filled with clean sand. New Drywells to be installed. Alterations to existing shed; rebuild deck, re-side building, remove existing bath. Utility use only. Location of action: near current location, but further from bodies of water Site acreage: gross = 0,58 acres, flagged wetlands = 0.51 acres Present land use: single family residential use Present zoning classification: R40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nme of applicant: Anthony Campo Co) Mailing address: 17 Seaforth Lane, Lloyd Harbor, NY 11743 (c) Telephone number: Area Code ((631) 9884022 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No[ [ If yes, which state or federal agency? DEC, Hen th, B u dng, lown DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~eYeS [~] No [~ (Not Applicable- please explain) project entails the reconstruction of a single-family dwelling on a previously developed site in a heavily developed community. Policy 1 is not applicable to the project. 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 ~ Yes ~ No [~ (Not Applicable - please explain) The subject propoerty does not contain nor does the project affect historic or archaeological resources; nor is the project located in a histodc madtime area. Policy 2 is not applicable to the project, Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No [] (Not Applicable - please explain) To the extent that this policy is applicable to the proposed project, visual quality and scenic resources will be protected at the site through the protection and maintainance of the well-vegetated embankment buffeting the developed portion of the site fi'om the tidal waters of Cutchogue Harbor and Haywaters Cove. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ['~ Yes ~ No ~] (Not Applicable - please explain) The project does not address nor affect erosion control structures or other erosion/flooding initiatives. Policy 4 is not applicable to the project. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~ No ~] (Not Applicable- please explain) The proposed project is consistant with policy 5 via (3) major project components: 1 - upgrade and relocation of the existing sanitary system more than 100 feet fi'om the wet lands to ensure effective treatment of the sanitary waste; 2 - installation of a drainage system of drywells to control, manage, and recharge stormwater runoff; and 3 - retention of the existing vegetation on the site buffering the developed portion of the site from tidal wetlands, which is to be preserved permanently but also protected from site disturbance duting construction by a project-limiting fence and stacked haybales. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No ~-~ (Not ApplicabLe - please explain) Project will be consistant with Policy 6 for the same reasons described for Policy 5; because there will be no net loss of wetlands; and because the statutory and regulation requirements of both the Town Trustees and NYS DEC will be c(;mplied with. 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 III - Policies Pages; 34 through 38 for evaluation criteria. ~ Yes [~ No [~ (Not Applicable - please explain) The project will neither affect nor have an impact on air quality in the Town of Southold. Policy 7 is not applicable to the project. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No ~] (Not Applicable - please explain) The project will neither create nor require the handling of solid waste or hazardous substances. Policy 8 is not applicable to the project. 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 Southoid. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~] Y~ No [~ (Not Applicable - please explain) As the project area is limited to the upland portion of the property landward of the top of an embankment, public access and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project. Policy 9 is not applicable to the project. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protec~ Sout~old's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ['~Yes F'--I No ~q (Not Applicable - please explain) The project neither proposes nor affects water-dependent uses. Policy 10 is not applicable to this projecL Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes F1 No ~1 Not Applicable - please explain The project neither proposes nor affects commercial or recreational fisheries or other uses associated with the living madne resources of Long Island Sound, Policy 11 is not applicable to this project. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~]Yes [-'] No~ Not Applicable - please explain lbo project site is neither situated on nor adjacent lands. Policy 12 is not applicable to the project. 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 n--] No ~'] Not Applicable - please explain The project affects neither the use nor development of energy and mineral resources. Policy 13 is not applicable to tho project. C UTC HOGUE HARBOR BBB CAMPO PROPOSED HOUSE TEST HOLE DATA ELEVATION VIEW FROM CUTCHOGUE HARBOR S C A L E: N.T.S. STORMWATER MANAGEMENT RE UIREMENTS ,,, $TRA~ BALE AND SILT FENCE RECOMMENDED ,^~',,,.ooF~,~% . . SEPTIC: TOE-TN -,c ~T,. ~m~ "..~ ST: 4'X8' 1000gal. SEPTIC TANK STY. FRAMED HOUSE FIN FLOOR: MIN, 11.0' PRE-ASSEMBLED SILT FENCE APPROV~B PIPE B 5' MIN P~C~: 8 O' INV EL: APPROVED pIPE (TEST HOLE DUG BY McDONALD GEOECIENC~ ON MARCH 22, 2006) PROPOSED SEPTTC SYSTEH DETATL " LP: 8'dla. X 3~deep LEACHING POOL ,. DP: 8'dia. X 3'deep DI~-i'RIBUTION POOL j~ · EP: EXPANSION POOL · .., PROPOEED CONC. RETAINING ~UALL DETAIL , HI (~iOtTTO~'lCA~E) *,'",.~"~.'"~ .~ ,~,",-t"~,~' REM~tN ,..-4 r-q ';::o C') SITE PLAN SCALE: 1" = 20'-0'