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HomeMy WebLinkAbout1000-52.-2-14 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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: Mark Terry, Principal Planner LWRP Coordinator Date: January 18, 2013 Re: Proposed Wetland Permit for BEE-HIVE DEVELOPMENT CORP. SCTM# 1000-52-2-14 The Town of Southold Zoning Board of Appeals granted a variance (6605) for the action on November 15, 2012 with one condition to establish a landscaped (non-turf) buffer for a minimum of 10' in width landward of the concrete wall. Patricia C. Moore, Esq. on behalf of BEE-HIVE DEVELOPMENT CORP. requests a Wetland Permit to construct a new single-family dwelling; new sanitary system; gutters to leaders to drywells on the dwelling; proposed brick paver patio on grade on seaward side of dwelling. Located: 440 Old Cove Boulevard, Southold. SCTM# 52-2-14 Based on the Zoning Board of Appeals decision and new information submitted; including an assessment of flooding conditions, structure design by a professional engineer and proposed storm water controls during construction it is my recommendation that the action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LVVRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, 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 minor action list, policies and explanations of each policy Local Waterfront Revitalization Program. A proposed action will significant beneficial and adverse effects upon the coastal area Town). should review the exempt the Town of Southold I as to its includes all of Southold If any question in Section C on this form is answered "yes" the achievement of the LWRP policy standards and review law. Thus, the action should be analyzed in more ~ to making a determination that it is consistent to th, the LWRP policy standards and conditions. If an a as consistent with the LWRP policy standards ant undertaken. A copy of the LWRP is available in the following website (southoldtown.northfork.net), the Board ¢ local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND SCTM# 1000-52-2-14 OWNER: Bee AGENT: Patricia C. proposed action may affect contained in the consistency and, if necessary, modified prior extent practicable with certified it shall not be at the T~owa.ot'Southold's Office, the ~i~n~g ~ep~trfi~en~,, all: ACTION {; D[C 1 7 2012 imeflt Southold NY 11971 The Application has been ~, Town Board Zoning Board of Appeals X 1. Category of Town of response): (a) to (check response): Board of Trustees action (check appropriate 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 Nature and extent of action:new single family dwelling Location of action:400 Old Cove Road, Southold Site acreage:14,114 sq.ft. Present land use: single & separate lot Present zoning classification: r-40 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:Bee Hive Development Corp (b) Mailing address:llll Bellmore Avenue, Bellmore NY 11710 (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 the lot is preexisting nonconforming. The setback from the bulkhead is the maximum feasible (50 ') 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 The proposed house will be in keeping with the surrounding homes. Drainage will be provided which prevents non-point source pollution, prevents flooding and erosion. 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. Sea wall protects upland property from flooding and erosion 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 all construction will conform to regulatory standards, there is public water 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 Ill - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable new house will not adversely impact ecosystem. 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 quality or emissions. 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. 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 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. Yes No X Not Applicable, property is protected from encroachment into wetlands by existing sea wall 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 agricalture. 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 energ3~ and mineral resources *copy of Town form created on 5/25/05 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/Fhst Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 15, 2012 ZBA FILE: 6605 NAME OF APPLICANT: Bee Hive Development Corp. PROPERTY LOCATION: 400 Old Cove Rd. (Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek), Southold, NY SCTM # 1000-52-2-14 SEQRA 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 referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department Of Planning issued its reply dated October 19, 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 Local Waterfront Revitalization Program (LWRP) Policy S~tandards. The LWRP Coordinator issued a recommendation dated October 16, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is a nonconforming vacant lot in the R-40 zone consisting of 14,114 sq. fi. It has 118.79 feet of frontage on Old Cove Road, 100.68 feet along Beverly Road, 121.00 along the south eastern property line, 17.16 feet on Arshamomaque Pond (Mill Creek) and 112.00 feet along the west property line as shown on the survey dated November 14, 2008, last revised October 16, 2012 prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variance from Article XXII, Section 280-116(B), based on the Building Inspector's August 14, 2012 Notice of Disapproval concerning an application for construction of a new single family dwelling at: 1) less than the code-required minimum setback of 75 feet from a bulkhead; RELIEF REQUESTED: The applicant requests a variance construct a single family dwelling located at 400 Old Cove Road Southold NY SCTM 1000-52-2-14. The proposed construction of a new single family dwelling on this nonconforming 14,114 sq .ft. lot in the residential R-40 District, is not allowed pursuant to Article XXIL section 280-116 (B) which states "All buildings or structures located on lots upon which a bulkhead exist shall be set back no less than 75 feet from the bulkhead." The survey drawn by Peconic Surveyors PC and dated October 16, 2012 indicates a propose setback of 50 feet from the bulkhead. Page 2 of 3 - November 15, 2012 ZBA File#6605 - Bee-Hive Development Corp. CTM: 1000-52-2-14 ADDITIONAL INFORMATION: This property was the subject of a prior Zoning Board of Appeals area variance application (#6476), with public hearing held on June 2, 2011, that was denied without prejudice. In order to increase the setbacks that were denied by the Board in application #6476, the applicant has eliminated two front yard setback requests and increased the proposed setback from the bulkhead by 35% in this current application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 1, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The building envelope provides for a modest home with a 50 fi. setback from the bulkhead which exceeds the average setback of 25.75 feet for the surrounding neighborhood homes. Front yard setbacks in this neighborhood are substantially non-conforming, and the applicant proposes to maintain two code conforming front yard setbacks on their comer lot. 2. Town Law l~267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pumue, other than an area variance. The lot is a comer property with two front yards and a bulkhead. The proposed dwelling cannot be located in a building envelope that would comply with both the code required 75 foot bulkhead setback and also maintain conforming front yard setbacks. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 33% relief from the code. However, the setback granted herein is nearly 100% greater than the average bulkhead setback in the neighborhood and exceeds all existing bulkhead setbacks in the area. 4. Town Law §267-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 new house will be constructed utilizing the most recent standards with respect to rain water runoff and subsurface sewage disposal systems for residences. The applicant will adhere to the best management practices recommended in the LWRP memorandum. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTiON OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the survey dated November 14, 2008, last revised October 16, 2012 prepared by Peconic Surveyors, PC., and the architectural plans prepared by Lab Design Associates, job # 12200, dated 10/2/12 sheets 1-7. Subject to the following condition; Page 3 of 3 - November 15, 2012 ZBA File#6605 - Bee-Hive Development Co~p. CTM: 1000-52-2-14 CONDITION: 1. Establish a Landscaped (non-turf) Buffer for a minimum of 10 feet in width landward of the concrete sea wall. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation.from the survey, site plan and/or architectural drawings cited in this decision wili result in delays and/or a possible denial by the Building Department ora buildingpermit, and may require a new application andpublic bearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substiO~te a similar design that is de minimis in nature for an alteration that does not increase the degree of ~onconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio. Absent were Members Schneider and Horning. This Resolution was duly adopted (3-0). Leslie Kanes Weisman, Chairperson Approved for filing /! / dO/2012 FFICE LOCATION: MAILING ADDRESS: ~r/ Town Hall Annex P.O. Box 1179 Southold, NY 11971 ¢~, 54375 State Route 25 ~. ~,~r. Main Rd. & Youngs Ave.) ~.~ / ' Southold, NY 11971 ~ Telephone: 631 765-1938 . ~r~ Fax: 631 765-3136 )~\~] LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date October 16, 2012 Re: Coastal Consistency Review for ZBA File Ref. BEE-HIVE DEVELOPMENT CORP. #6476 SCTM#1000-52-2-14. In 2011 a previous applied for action was reviewed and recommended as INCONSISTENT. Subsequently the action was denied (without prejudice) by the Board on 7/7/11. BEE-HIVE DEVELOPMENT CORP. #6605 - Request for Variance from Article XXI!, Section 280- 116(B), based on the Building Inspector's August 14, 2012 Notice of Disapproval concerning an application for construction of a new single family dwelling at: 1) less than the code-required minimum setback of 75 feet from a bulkhead, located at; 400 Old Cove Blvd. (Corner Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek) Southold, NY. SCTM#1000-52-2-14 Based on the new information submitted; including an assessment of flooding conditions and structure design by a professional engineer and proposed storm water controls during construction it is my recommendation that the action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that: To further Policy 5: Protect and Improve Water Quality in the Town of Southold, Sub-policy 5.2 Minimize non-point pollution of coastal waters and manage activities causing non-point pollution the following best management practices are recommended. 1. Establish a Landscaped (non-turf) Buffer for a minimum of 10' in width landward of the concrete sea wall. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the pamel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] 2. Require storm water controls pursuant to Chapter 236. Stormwater controls for the residence must be included. 3. The soil boring shown on the survey is three years old, It is recommended that the Board verify the accuracy of the depth to groundwater and leaching pool separation distance. 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 Andaioro, Assistant Town Attorney