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HomeMy WebLinkAbout1000-67.-1-8 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. MoJn Rd. & Youngs Ave.) Southold, NY 11971 ~*~ O [~/ Southold, NY 11971 /Tele2hax:°;;:1673615.73615; ~ 9 3 8 LOCAL WATERFRONT REVITALIZATION PROGRAM TOW or SOU? OLV RECEIVED MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals ?- , From: Mark Terry, Principal Planner LWRP Coordinator Date: February 28, 2012 FEB 2 9 2(117 BOARD OF APPEALS Re; Coastal Consistency Review for ZBA File Ref. 6539 Robert V. Longo SCTM#1000-67-1-8 Request for Variances from Article XXIII Section 280-124 and the Building Inspector's December 29, 2011 Notice of Disapproval based on an application for building permit for "as built" demolition and re- construction of a new single family dwelling at: 1) less than the code-required minimum side yard setback of 15 feet; 2) less than the code required combined side yard setbacks of 35 feet; 3) more than the code required maximum lot coverage of 20%, located at: 220 Sound Avenue (adj. to Long Island Sound), Peconic, NY. SCTM#1000-67-1-8 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 m~, determination that the proposed action is INCONSISTENT with the below listed LWRP polices and therefore INCONSISTENT with the LWRP: Policy 1. "Foster a pattern of development in the Town of Southold 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." 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 hazards are recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. RECEIVED FEB 2 9 Z01~ BOARD OF APPEALS 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" residential structure does not functionally ~equire a location on the coast and is not water dependent. Although due to lot size, configuration 'and area of unbuildable lands located on the lot the relocation of the structure is not feasible. The expansion of an existing structure 33% greater than permitted 20% lot coverage by code is inconsistent with the above policy - the area is subject to potential storm surge and/or flooding. In the event that the action is approved to further Policies 5 and 6 the following is recommended: Require that the action fully complies with Chapter 236 ""Stormwater, Grading and Drainage Control Law." Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney LWRP 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 actions including Building Permits and other ministerial 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 includes all of Southold Town). lfany 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 necessary, 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 shah 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 Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-67-1-08 OWNER: Barbara & Robert Longo 220 Sound View Avenue, Soulhold NY AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board __ Planning Dept. Building Dept. Board of Trustees X~ Zoning Board of Appeals X~ 1. 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, loan, subsidy) __ (c) Permit, approval, license, certification: X Variance / Wetland Permit Nature and extent of action: Owner needs to change pitch of existing roof to correct structure built 50 years ago(in kind & in place), some of the existing footings may need replacement, structural elements require reconstruction Location of action: 220 Sound View Avenue, Southold Site acreage: Lot is 21,023 sq.ft.to tie line per survey only 4,350 buildable area; deck remains, all activity is landward of the existing deck approved in 2004 by ZBA Present land usc: existing house Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Robert & Barbara Longo (b) Mailing address:220 Sound View Avenue, Southold (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any:} Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold 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. X Yes No Not Applicable Existing lot and house is preexisting nonconforming. The existing house had additions over the years which require owner to remedy the existing condition of the roof. The lot is 420 feet in depth with no bluff adjacent to Long Island Sound. The proposed work is landward of the CEH Line. The work to the house will be in kind and in place restoration. Due to the extent of repairs and reconstruction the building department has required a variance for demolition, however, the same house remains with construction needed to make walls, floors and roof structurally sound. 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 X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources 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 X Yes No Not Applicable Lands adjacent to Long Island Sound protected for both visual, economically productive and recreational resource. The proposed improvements are consistent with LISCMP (Long Island Sound Coastal Management Program) which prevents non-point source pollution, prevents flooding and erosion. The work will be landward of an existing deck. 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 X Yes No Not Applicable No effect on flooding or erosion. Existing roof alteration will correct a structural problem to the existing roof, the land surrounding the house is sand and the house is located landward of the CEHLine. 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 X Not Applicable The roof alteration does not change the living space or number of bedrooms 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. X Yes No Not Applicable Setback to the Long Island Sound is more than 300 feet. The Coastal Area Boundaries of New York State along Long Island Sound will not be affected because of mitigation measures implemented by standard permit conditions. Soils along Long Island Sound (Carver, Plymouth, and Riverhead Soil) are deep, course texture and excessively drained. 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 X Not Applicable Air quality will not be affected by residential use. Standard building codes compliance prohibit degradation of air qualit~ or emissions. Efficient heating and airconditioning systems and filters protect against impact to air quality. 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. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. Use of natural untreated materials (CCA is discouraged by Trustees) The existing decks eliminate use of pesticides and turf areas. 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 Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes XNo Not Applicable The parcel is private ownership WORKING COAST POLICIES Policy 10. Protect Southold'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 No X Not Applicable Residential use of property on establish lot will not adversely impact Long Island Sound coastline. 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. X Yes No Not Applicable Long Island Sound is adjacent to development of parcel, however, construction activity is landward of an existing structure. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. Sound View Avenue is predominantly residential development. 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 X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 SURVEY OF PROPERTY A T PECONIC TO'tN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000--87--01 --08 SCALE: 1 ~$0' MA Y 26, 2011 Dec. 20, 20// (Iol coveroge) M(Tr. 21 ~'0/2 (Jo/ coverage afte. r cons LOT 5 / I DECK ONE STORY ~ 70- % t t<~/!/,E HOUSE ~Zo0~ FF. EL. 12.4' LOT 3 COASTAL EROSION LINE LOT NUMBERS REFER TO "MAP OF PECONIC SHORES" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON AUGUST 5, 1924 AS MAP NO. 117. COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD MAP PHOTO //57-559-85 FLOOD ZONE FROM FIRM RATE MAP NUMBER J610JCOl SEPTEMBER 25, 2009 ELEVATIONS REFERENCED TO N.A.~/D. AN) AL I~RADON OA ADDITICAN TO THIS SURLY IS A W~ADON ~ 5ECDON 720~0F ~r NEW Y~K STA~ EDUCAD~ LAW EXCEPI AS PEN 5ECDON 7209-5UBDI~St~' 2 ALL CERDFICADONS HLRLON AR~ VALID F~ ~15 MA~ ANL) C¢IE5 ~ERE¢ ONLY SAID MAP OR C~IES BEAR ~g I~PRESSED SEAL OF ~g SUR~YOf ~OEg StONA ~R[ APPEARS HERE~ t OT AAF,a TO 60A.~ ~.,~L FRr!ClON HAZAr~: L/','i - AREA O; HFC. & DECKS - £'J04 sq. fL 2304/4350 = f3% CO%~_R~oc - Dec. ZO, ZOII LOT COVERAGE AFTER CONSTRUCTION AREA OF HOUSE AND DECKS - 1904 1904/4350 = 44% 4350 MAR 2 8 2012 20,'¢E X 192.98' 50.00' O.H ~,~ EDGE OF ~AVEL ROAD +10.8' N. KS. LIe: NO. 4! '/PECONId~ICVEYORS, P.C. (6J1) 765-5020 FAX (631) 765-1; MAR 2 8 2012 EXISTING 50UTH ELEVATION LONGO IR, ESI DENCE ?I~OPOSI~D 50UTH ELEVATION WATI=P-.~I D~ ~L~VATION EA&T ELEVATION W~&T FLEVATION FOOTING ¢ FRAME PLAN FIP~ST FLOOP-, LAYOUT BUILDING SdCTION "A" II [5UILDING SECTION "B"