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Home My WebLink About1000-78.-2-11.3 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 $outhold, NY 11971 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: January 3, 2012 Re: Coastal Consistency Review for ZBA File Ref. 6522 - Joseph and Elizabeth Brittman SCTM#1000-78.-2-11.3 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 On November 29, 2011. The action was recommended as INCONSISTENT with the LWRP. In discussions with your department, it was determined that the applicant has integrated best management practices in the site plan to further the policies of the LWRP to the greatest extent practicable and therefore the Board may want to consider issuing a CONSISTENT determination pursuant to § 268-5. Review of actions of the Southold Town code which states: H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in wdting the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LWRP policy standards. Cc: Jennifer Andaloro, Assistant Town Attorney FORM NO. 3 NOTICE OF DISAPPROVAL TO: Joseph & Elizabeth Brittman 23 Jerome St. Smithtown, NY 11787 DATE: October 3, 2011 Amended: Dec. 22, 2011 Please take notice that your application dated September 16, 2011 For permit for an accessory garage at Location of property 80 Glenn Road, Southold, NY County Tax Map No. 1000 - Section 78 Block2 Lot 11.3 Is returned herewith and disapproved on the following grounds: v The proposed construction of an accessory, garage is not permitted pursuant to Article IIIt Section 280-15. In thc AC & Low Density Residential... Districts, accessory buildings and structures ... shall be located in thc required rear yard subject to thc following requirements: C. Such buildings...shall not exceed 750 sq. fc on lots 20,000 to 60,000 sq. As indicated on thc survey, thc proposed accessory garage is 864 sq. f~. Also, per Article III, Section 280-15,F, "In the case of waterfront, accessory buildings may be located in the front yard, provided that such buildings meet the front yard principal setback requirements..." The required front yard setback is 40'. The site plan indicates a 33' front yard setback. Also, per Article XXII, Section 280-116B, "All buildings or structures located on lots upon which a bulkhead...exists.., shall be set back not less than 75' from the bulkhead." The site plan indicates a setback from the bulkhead of approx. 54.5'. l~ermit Examiner *Amended based upon new site plan received December 21,2011. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS SCTM 1000 Section3 ~' Block 0_~_Lot(s) I I' '~ L°t Size'~C0'~'~0i:~-Zone ~,0 e~T'QO~:~ck~n~T,Sq'~ I APP Ta Dg ATION OF Tag SP OR DATED /O / ~/~0, ] BASED ON S~Y/SITE PL~ DATED ~/I¢/~o, I. NOTE: la ad~tio~[o the a~ve~ please complete below if application is signed by zpplicaaCs attorney, agent, archR~t, builder, contract vendee, e{c. and name of person who agent repr~ents: Name of Representative: for ( ) Owner ( )Other: Address: Telephone: Fax: Email: P. le~as.~eck ,o specify who you wish correspondence to be mailed to, from the above ,tames: (t,)~Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREBY .THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN. DATED °~/I {~/~.O~1 ! and D..ENIED AN APPLICATION DATED t 0/¥[~0) FOR: · (~ilding Permit ' ~ ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, S~tion, Subsection of Zoning Ordinance by numbers. Do not quote the code.)-- Article: "'~~ection: o~t~0 Subsection: ~,~ o/- ]{~ cd- t~" ~ Type of Ap, peal. 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 ( ) Reversal or Other A prior appeal (~)/has, ( ) has n_gt been made at any time with respect to this property, UNDER Appeal No(s). ~'] 2_ ~ Year(s). ot .gff-~q/~g ~,/~/gOD~_..(Pleasebesttreto research before completing this question or call ottr o.~ce for assistance) RECEIVED REASONS FOR APPEAL {additional sheets may be used with preparer's signature): NOV 0 2011 AREA VARIANCE REASONS: BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the n~ighborhood 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: ( ) e amonnt of relief requested is not snOstantlal beeause: (4) The variance will NOT have an adverse effect or impact o~t~e plh~y~si?a~Tor ~en~'~n~e~nt~a c~n~ o~ns"kT~ in the neighborhood or ~istrict because: .--- ~ (5) Has the alleged difficulty been self-created? ( )Yes, or (~)I~o. Are there Covenants and Restrictions concerning this land: E~No. [~ Yes (please furnish copF). 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 welfare of the community. Check this box ( ) IF d USE V.4RI,~NCE IS BEING ATT/ICHED USE VARIANCE SHEET: (Please be Sworn to b,~eforelme this, TED, AND PLEASE COMPLETE THE ~pel~u~gent (Agent mu~t sub~t written Authorization from Owner) Andrew Walker NYS DEC S1JNY at Stony Brook 50 Circle Road Stony Brook, New York 11790 December 5, 2011 Dear Mr. Walker, Thank you for the informative, candid dialogue today in review of our application #1-4738-01877/00010. As we discussed: 1) Due to our property being a corner lot we are restricted to 40' front yard setbacks by the Town of $outhold. Therefore when the garage was designed, to maintain the 40' setback it resulted in the back edge of the proposed structure being 45' from the tidal wetland edge. As you can see on the property survey, our home has several points that are 50' from the wetland edge. We will make every effort to pursue a 33' front yard setback variance from the Town of Southold. It is our hope that the additional 7° for a total of 52' from the wetland edge will be acceptable to the DEC. This change in setback from the street will then be consistent with the 33' setback facing Glenn Road (#1-4738-01877/00005). 2) The proposed dry well was based on a two inch rainfall calculation put together by our surveyor. We are willing to install an additional drywell if the DEC determines this would be beneficial. 3) The work related to #1-4738-01877/00007 has been completed and there is a 15' non turf buffer in place comprised of beach grasses. Please see the included photographs. We have decided not to install the seasonal ramp/float. 4) Please note that our surveyor is updating the survey to reflect the 15' non turf buffer, the tidal wetland boundary, the additional drywell and the new proposed location of the structure. Again, as discussed today regarding the steps and balcony area. The landing and balcony above are S0sf. While the proposed plan and prior photographs suggest an area larger, this larger footprint of 113sf also includes the steps which were required by the Town of Southold. The steps are permeable with 3/8" spacing between unfinished boards (no paint). The steps are not on footings or foundation. Our history as waterfront homeowners reflects our commitment to the environment and local flavor of our town. We have given careful consideration as to the size of our garage, its location placement on the property, its barn style construction and accompanying plantings and vegetation. Sincerely, Joseph and Elizabeth Brittman 23 Jerome Street Smithtown, NY 11787 Cc Kendall P. Klett IV 63o~,, '-'o ,30" / /. I ~ / P~O// L O~ (~) / / / / 206.06, co S 10., BASIN '30" E