Loading...
HomeMy WebLinkAbout1000-136.-1-53.3 OFFICE LOCATION: ~~OF SO ryO MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 # * Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 G Q Telephone: 631 765-1938 Fax: 631765-3136 ~~'~OOUNiV,Nc~ 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: September 16, 2013 Re: LWRP Coastal Consistency Review for JAMES & SUSAN BROWN SCTM# 1000-136-1-53.3 Patricia C. Moore, Esq. on behalf of JAMES & SUSAN BROWN requests a Wetland Permit to demolish existing dwelling and construct new 65'x25' two-story dwelling with rear +/-170sq.ft. covered porch, front covered porch, and attached storage area further landward than existing; install new sanitary system landward of dwelling; storm water roof runoff to be in accordance with Town Code, Chapter 236; a line of staked hay bales with silt fencing to be installed along retaining wall prior to and during construction; and the area seaward of the existing retaining wall to be maintained as a non-turf buffer area. Located: 170 Oak Street, Cutchogue. SCTM# 136-1-53.3 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. 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 actions are CONSISTENT with the LWRP. 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 Town of Southold i LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for Ipennits* 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. j 2. 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 si ificant beneficial and adverse effects upon the coastal area (which includes all of Southold Town) i 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail listing both supporting and non- supporting facts. 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 local libraries and the Town Clerk's office. D ECEIVE B. DESCRIPTION OF SITE AND PROPOSED ACTION D AUG 1 6 2013 gcTm# 136-1-53.3_ _ i PROJECT NAME Soutf~+,t Brown demolition and construction of new house The Application has been submitted to (check appropriate response): Town Board ? Planning Board ? Building Dept. ? Board of Trustees 0 1. Category of Town of Southold agency action (check appropriate response): • I (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 i' Nature and extent of action: demolition of existing house and construction of new house landward of the existing house, new sanitalysystern,drywell and wetlands, all in accordance with ZBA variance #6652 aproved 7-25-13 D Ue r PROJECT DESCRIPTION Demolish existing house located 10' from retaining wall and 63.1 from wetlands edge and construct new house @45.3 and 35.7 from retaining wall, 105.8' and 88.8' from edge of wetlands, with 22% lot coverage, all in accordance with ZBA decision approving variances. New house being 65'x 25' with I O' covered porch, attached storage area in the front yard, and front covered porch. New sanitary system in front yard, if required, land seaward of retaining wall will have non-turf buffer and drywells in accordance with Town Code 236. Haybales along retaining wall during construction. p ECEIVED AUG 1 9 2013 outhold Town Location of action: 170 Oak Street Cutchogue Site acreage:_ 11.529 sg ft Present land use: existing residence to be demolished 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: James & Susan Brown (b) Mailing address: 22 Sherwood Lane Stormville, NY 12582 (c) Telephone number: Area Code ( (845)729- 104 (d) Application number, if any: i Will the action be directly undertaken, require funding, or approval by a state or federal agency? I Yes El No O If yes, which state or federal agency?_ i C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion, 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. XJ Yes ? No n Not Applicable proposed new dwelling is more conforming than original house. Setbacks to we an s increase o o wall and 60 8 to wetlands 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 0 Not Applicable 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 x? Not Applicable i Attach additional sheets if necessary NA'T'URAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LW" Section III - Policies Pages 8 through 16 for evaluation criteria 1A Yes El No D Not Applicable inrraaSe.liistanra to i•%atl^pric.^nd rnm In iance with EEMA will minimize loss of lit and property I Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III i - Policies Pages 16 through 21 for evaluation criteria ` - ? Yes ? No El Not Applicable t I 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. a ? ? Yes No Not Applicable the property is nonconforming and improved with a year round dwelling. The house will be demolished and new house conforming i 1 I i Attach additional sheets if necessary I . I Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ? Yes O No 0X Not Applicable Attach additional sheets if necessary I Policy S. 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 0 Not Applicable i PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public r resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. t ? Ye? No ®Not Applicable Attach additional sheets if necessary 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 © Not Applicable 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 ? No El Not Applicable new construction is more than 100 feet from wetlands Attach additional sheets if necessary - T- 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 I I 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 ? No Q Not Applicable PREPARED BY Patricia C. Moore TITLE AGENT DATE 8-6-13 1 BOARD MEMBERS ~Qf so Southold Town Hall Leslie Kanes Weisman, Chairperson O~ y0l 53095 Main Road • P.O. Box 1179 l O Southold, NY 11971-0959 Eric Dantes Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Horning '`t0 ^^ap~~ 54375 Main Road (at Youngs Avenue) Ken Schneider l~ AUK Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF TUL`',' 2S, Zo1 ZBA FILE: 6552 --AMENDED DECISION NAME OF APPLICANT: James and Susan Brown PROPERTY LOCATION: 170 Oak Street (adj. to Eugene's Creek) C'utchogue, 1,W SCTM1#1000-136-1- 53 3 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 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 April 15, 2013 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 Standards. The LWRP Coordinator issued a recommendation dated April 29, 2013. 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 INCONSISTENT. However, the amended application, as requested by the Board of Appeals, reduces the proposed variance relief, removes the two proposed drywells from the AE flood zone, and includes the installation of a non-turf buffer between the wetlands and the concrete seawall. Therefore the Board finds the application CONSISTENT with the LWRP policy standards. PROPERTY FACTS/DESCRIPTION Subject property is a non-conforming 11,529 square foot lot (6,739 square feet buildable area) located in the R40 zone. It is improved with a single family dwelling with attached sunroom and deck. It has 30.492 feet on Oak Street, 221.19 feet on the northern property line, 58.08 feet on Eugene's Creek and 201.48 feet along the southern property line as shown on the site plan dated March 15, 2013 prepared by Mark Schwartz and Associates, Architect. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116B and Article XXIII Code Section 280-124 and the Building Inspector's April 10, 2012, revised March 20, 2013 Page 2 or 4 - July 25, 2013 ZBA46652 AMENDED - Brown SCTM# 1000-136-1-53.3 Notice of Disapproval based on an application for building permit for demolition and reconstruction and additions/alterations to an existing seasonal cottage at; 1) bulkhead setback of less than the code required 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the total combined side yards of 25 feet, 4) more than the maximum code permitted lot coverage of 20%. RELIEF REQUESTED: The applicant requests variances to demolish the existing dwelling and construct a new dwelling with a concrete seawall setback of 25.8 feet where the code requires 75 feet, a minimum side yard setback of 4.9 feet where the code requires 10 feet, 9.9 feet combined side yards where the code requires 25 feet and lot coverage of 25.1% where the code allows a maximum of 20%. AMENDED APPLICATION: During the hearing the applicant was asked to bring the plan into more conformity with the code. On May 30, 2013 the agent for the applicant submitted a revised site plan showing the 10 foot easement agreement along the southerly property line, increased side yards of 5 feet and 6.7 feet , combined side yards of 11.7 feet, reduced lot coverage of 22% resulting from the removal of the proposed attached garage which permits the dwelling to be moved closer to the road thereby increasing the concrete seawall setback to 31.1 feet at the closest point and 45.3 feet at the furthest point. ADDITIONAL INFORMATION: At the hearing the applicant's agent submitted information on the character of the neighborhood with copies of prior variances granted. Additionally, the agent submitted an easement agreement from the adjoining neighbor on the south executed by both parties. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on May 2, 2013 and June 6, 2013 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 4267-b(3)(b)(1). Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants' propose to demolish their home and replace with a much larger two story home on a lot that is extremely narrow. Many of the properties in this area are similar to the applicants' property and have received setback variances along with lot coverage relief. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The subject property is very long and narrow and building any reasonably sized year `round dwelling will require variances. However, the applicants' can build a smaller home with better conformity for side yard setbacks, lot coverage and greater setback from the concrete retaining wall to reduce the substantiality of the variances as applied for. 3. Town Law. 267-b(3)(b)(3) The alternative relief granted herein for the requested variances are mathematically substantial representing a 50% relief for the single side yard, 53% relief for the combined side yards, 59% relief for the concrete sea wall set back, and 10 % relief for the lot coverage. However, the alternative relief is more in keeping with other non-conformities in the neighborhood and the applicant must comply with the storm water management code. 4. Town Law 4267-b(3)(b)(4) Specific evidence has been submitted to suggest that a variance requested in this residential community will have an adverse effect on the immediate neighborhood. The LWRP coordinator recommends the removal of drywells from the flood zone, installation of a buffer to absorb Page 3 of 4 - July 25, 2013 ZBA#6652 AMENDED - Brown SCTM# 1000-136-1-533 runoff, a greater setback from the concrete seawall, and a reduction in the size of the proposed dwelling and lot coverage to improve the property in a manner that is similar to other improvements in this neighborhood of mixed seasonal cottages and year round dwellings, As per the amended application/site plan, the applicants' can decrease the size of the home by at least 3.1%, which will make all non- conforming areas of this application more conforming. Additionally, the amended plan does assist in the remediation of the finding of inconsistent by the LWRP coordinator. 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. The applicant must reduce lot coverage hereby making all variances proposed more conforming. 6. Town Law &267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling 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 267-13, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to DENY, as applied for, and GRANT ALTERNATIVE RELIEF, as follows: 1. Lot coverage shall not exceed 22%. 2, The single side yard on the northerly side shall be no less than 6.7 feet, with exception of the one (1) story only bump-out of approximately two (2) feet, shown as a dotted line, in the north side yard and on the site plan labeled S-I dated July 3, 2013 and V. Floor Plan dated May 29, 2013, prepared by Mark Schwartz and Associates, Architect. 3. The proposed two "bump outs" in the first floor plan which encroach into the southerly side yard shall be removed, and; the single side yard on the southerly side shall be no less than 5 feet, with the exception of the proposed chimney. 4. The minimum setback from the concrete seawall shall be no less than 31.1 feet at the closest point Subject to the following conditions; CONDITIONS: 1. The two proposed drywells shall be located outside of the FEMA AE el 7' flood zone. 2. The proposed non-turf buffer shall be established between the concrete retaining wall and the existing wetlands as shown on the amended survey and the existing tree just northeast of the retaining wall shall be preserved. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final site plan and architectural drawings, conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a Page 4 of 4 - July 25, 2013 ZBAtl6652 AMENDED - Brown SCfMN 1000-136-1-53.3 building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning, Dantes. This Resolution was duly adopted (5-0). Vote of the Board: AMENDED DECISION Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes. Nays.' Member Horning. This Resolution was duly adopted (4-1). r ry, Awl Leslie Kane's Weismarf, Chairperson Approved for filing 7/30 /2013 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ~OF S0(/l O~ yam! 53095 Main Road • P.O. Box 1179 Eric Dantes ~ O Southold, NY 11971-0959 Gerard P. Goehringer Office Location: G Town Annex /First Floor, Capital One Bank George Horning % • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider COUMY Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2013 ZBA FILE: 6652 NAME OF APPLICANT: James and Susan Brown PROPERTY LOCATION: 170 Oak Street (adj. to Eugene's Creek) Cutchogue, NY SCTM#1000-136-1-53.3 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 11 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 April 15, 2013 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 Standards. The LWRP Coordinator issued a recommendation dated April 29, 2013. 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 INCONSISTENT. However, the amended application, as requested by the Board of Appeals, reduces the proposed variance relief, removes the two proposed drywells from the AE flood zone, and includes the installation of a non-turf buffer between the wetlands and the concrete seawall. Therefore the Board finds the application CONSISTENT with the LWRP policy standards. PROPERTY FACTS/DESCRIPTION• Subject property is a non-conforming 11,529 square foot lot (6,739 square feet buildable area) located in the R40 zone. It is improved with a single family dwelling with attached sunroom and deck. It has 30.492 feet on Oak Street, 221.19 feet on the northern property line, 58.08 feet on Eugene's Creek and 201.48 feet along the southern property line as shown on the site plan dated March 15, 2013 prepared by Mark Schwartz and Associates, Architect. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116B and Article XXIII Code Section 280-124 and the Building Inspector's April 10, 2012, revised March 20, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction and additions/alterations to an existing seasonal cottage at; 1) bulkhead setback of less than the code required 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the total combined side yards of 25 feet, 4) more than the maximum code permitted lot coverage of 20%. RELIEF REQUESTED: The applicant requests variances to demolish the existing dwelling and construct a new dwelling with a concrete seawall setback of 25.8 feet where the code requires 75 feet, a minimum side yard setback Page 2 of 3 - June 20, 2013 ZBAN6652 - Brown SCTM# 1000-136-1-53.3 of 4.9 feet where the code requires 10 feet, 9.9 feet combined side yards where the code requires 25 feet and lot coverage of 25.1 % where the code allows a maximum of 20%. AMENDED APPLICATION: 'During the hearing the applicant was asked to bring the plan into more conformity with the code. On May 30, 2013 the agent for the applicant submitted a revised site plan showing the 10 foot easement agreement along the southerly property line, increased side yards of 5 feet and 6.7 feet , combined side yards of 11.7 feet, reduced lot coverage of 22% resulting from the removal of the proposed attached garage which permits the dwelling to be moved closer to the road thereby increasing the concrete seawall setback to 31.1 feet at the closest point and 45.3 feet at the furthest point. ADDITIONAL INFORMATION: At the hearing the applicant's agent submitted information on the character of the neighborhood with copies of prior variances granted. Additionally, the agent submitted an easement agreement from the adjoining neighbor on the south executed by both parties. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on May 2, 2013 and June 6, 2013 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 alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants' propose to demolish their home and replace with a much larger two story home on a lot that is extremely narrow. Many of the properties in this area are similar to the applicants' property and have received setback variances along with lot coverage relief. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The subject property is very long and narrow and building any reasonably sized year `round dwelling will require variances. However, the applicants' can build a smaller home with better conformity for side yard setbacks, lot coverage and greater setback from the concrete retaining wall to reduce the substantiality of the variances as applied for. 3. Town Law. 267-b(3)(b)(3) The alternative relief granted herein for the requested variances are mathematically substantial representing a 50% relief for the single side yard, 53% relief for the combined side yards, 59% relief for the concrete sea wall set back, and 10 % relief for the lot coverage. However, the alternative relief is more in keeping with other non-conformities in the neighborhood and the applicant must comply with the storm water management code. 4. Town Law 4267-b(3)(b)(4) Specific evidence has been submitted to suggest that a variance requested in this residential community will have an adverse effect on the immediate neighborhood. The LWRP coordinator recommends the removal of drywells from the flood zone, installation of a buffer to absorb runoff, a greater setback from the concrete seawall, and a reduction in the size of the proposed dwelling and lot coverage to improve the property in a manner that is similar to other improvements in this neighborhood of mixed seasonal cottages and year round dwellings, As per the amended application/site plan, the applicants' can decrease the size of the home by at least 3.1%, which will make all non-conforming areas of this application more conforming. Additionally, the amended plan does assist in the remediation of the finding of inconsistent by the LWRP coordinator. 5. Town Law 4267-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. The applicant must reduce lot coverage hereby making all variances proposed more conforming. Page 3 of 3 - June 20, 2013 ZBAN6652 - Brown SCTM# 1000-136-1-53.3 6. Town Law 4267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling 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 267-13, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to DENY, as applied for, and GRANT ALTERNATIVE RELIEF, as follows: 1. Lot coverage shall not exceed 22%. 2. The single side yard on the northerly side shall be no less than 6.7 feet. 3. The proposed two "bump outs" in the first floor plan which encroach into the southerly side yard shall be removed, and; the single side yard on the southerly side shall be no less than 5 feet, with the exception of the proposed chimney. 4. The minimum setback from the concrete seawall shall be no less than 31.1 feet at the closest point Subject to the following conditions; CONDITIONS: 1. The two proposed drywells shall be located outside of the FEMA AE el 7' flood zone. 2. The proposed non-turf buffer shall be established between the concrete retaining wall and the existing wetlands as shown on the amended survey and the existing tree just northeast of the retaining wall shall be preserved. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final site plan and architectural drawings, conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning, Dames. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing 6 Y /2013 ' N C l < A g n. f 9 g, f ! 4~g_ ,iKl f } f F mtry~ ss ! P ! P P ' y P 9YF r b P _ ,yam COUH OF SUFFOLK © CfOX peel pFi Tw Se Ap s s ~136~ III I y 1} *i.. ~~p y !\'l ,t.'~ ~`•T-F•p i-~~~54: :;r} l ~~3~ 1~ ~~YY''1~R1 ' rJ,• .3 s ~ + y - t~:-i r ay . .A~ f .:T~1 ..yT~. 1" ~t'ty1 i',kL...r 7 7 v t r'i y~ / 3r~.' f E ~ • s- ' iii. 1 ~ s b - ~ •^i (`i4` ~„ly'"~' +~~#~,tt ~ y,~ l ~`rlt•. r v y : ~ n ' 1'c 'y. #'ti •l ,~y L ~ ,+,7e t Y'~ . c~.~r:4 g a_` ~j,' e~ity~ ~ T L l r ~i y ~t 1• '~~1'r.. 'ty . t 1. .y ~.T> ~'.::A. 1 err f~ ' \ ~1' t~ x r~ U,}4i J..,'•.'~-~ a ~~JJ~~~~}}!yy,'S,~~,°° a.>F' j ' .y ~r,,r.'~"?f,;,'. 'A I:,l ~ - .2.,, ~ y ) 'L'EA ,y'~. ~-:1 \ ~:v~~ 1' ~ .T' .t F -#'._{K.J i1 3~• -a!'u - `~i ^1 1. .1- ( -'LJ_.* r .9.= `y_ -,hl Jt"~. IF: ,1171 ~'.,i• -s, _ 1-y~.:.~' r ~ 't i. 7~. .~F/I{.. .t --•i' ~'b - tir~' 6 Jdr~~" 'ry3t~r`T y.~ 11. ~;..C;i r. r } 7` Sr 4~~L~~;Y .It n. 6• .~e}.f,F ,,;~;s -a. I'. ~ ~ l':..Ir r~.,-.~..{ o= s.: ~_~;Jr ~ -'a~, !;~F U-- -y~j<} „~.,~Y ~~".C i°#A'rF'~. ,r 1 r~ ~ ti : zr iw ~ Z ' ~ .a~~4?r , a', : Vii. Jt'. l~ R~ r •,4. ..r -1Y 1~5~ i `~~L-Y~ 1~':-~ ~a °'F ~ _ ~..NISy 4 i. ; y~_. ~tc-~y.=i~ •y i ~ s'!, < S:u "..7~ z„ 7 ~~~.<.~i -A, Sr tizFr. .--;X ,~.L<; .~T. ~ •_„',kr~. - `'114' ~~r~ I~' ~ ,i 'r,,~£:y -f> y cy} pwmnqm~ _ i r yi - t+t W J T of ,~4i _ 1 , . • it t ~4 :T t n - ° S'1'.. ~I~ f'~' 1', f :,'~jly y,.x r ~ W~4l ,f°ti,, -,#x.- wr ,a .,~~x ~ , `t ~ ~t. • ~3 r.f~~ .1000 • 'r . t}.:ai.•~',•,~ . x.. .a?raw nt r' . _ st - q~; { , r -~~..}ia~ ~ fy-. rri?~ k ? ' M~ :•e~ 4rys ' - - ~ • , jtr- !~_4 , ' ' , yJ~~~, ~ r _ 7 r ~ •C vY'~`+ ~ • ~ ?ice ~ - - ~ ~ ~ ~f 1 'Allow r-_~• - ~ `.~,.;~a ~ j fit,;; I ~f.~ ~ *14 ~1Y3",ya~~'~•~ '.L t 1• •m L` 1 ~.Y1'..~`~k I 1 ~ \ I~ S._' i ~}2'. r. "~a ,.~:~yn•- - '`f .'l. -.•i+ 1 f~~` ~r~ j?. ~ 1. ~1~\~~~s ~~k'~'la~~'•1• '^1 ~ .r - 1 iyf , fit, ~ I `4 ~ ~ f '•I e'~Sr: ` ` l+ y - 417 Ta, lam t~° t ~i e~ rt _~Xf~~: (,?if~~c,t,, a. ti If 5~. t ~,f,'4-~~ :r u: ~ S 1._ r ~t,~ ,a..... : 'k 'f 1,~. ry I. .1g1, t.f 1. A v~~, e ~'1 y r'~ REVISIONS: SCHWOVISED 08/06/4013 AUG 1 6 2013 outhald sown EDGE OF WETLANDS 150' RAD NO WELLS MHWM SEPTIC SYSTEM: MHWM AS P MHWM AS PER ST SEPTIC TANK 1000 GAL. FILE MAP FILE MAP LP 1 LEACHING POOL 8'dia. 2' DEEP LP 2 LEACHING POOL 8'dia. 2' DEEP V1 / LP 3 LEACHING POOL B'dia. 2' DEEP FLOOD ZONE LINE / DWELLING LP 4 LEACHING POOL 8'dia, 2' DEEP PUBLIC WATER I H / LP 5 LEACHING POOL 8'dia. 2' DEEP EL. I EL 8' 1 J G~ EL 9 T Y XOo QO W / S72031131 7203113011 E 221 19 ZO X ZONE E EL. 6' o d r----- / w EL. 12' I 1 m. Yx14' / P'ROP' I BUMP-OUT iSTY. a'X74' EXIST! DW (EL. 7) NG I v BUMP-OUT HOUSE I / 6,7' EX FIN. FL. 11.0' 45.3' 60.8' / TEST HOLE cn r - (RETAINLNG WALL ? ETLANDS) (zi MIN. L. 10.5' 0 H PROPOSED ENIISFINCy / I EXISTING COVERED SUNROQM DECK I PORCH I(TO REMOVE) I (TO REMOVE) ON TURF Q °d.•°d•°.°dm•°bn•°dv'°°el"VDj. I EP LP LP / STORAGE PROPOSED NEW I I i~ / GO BUFFER I ~ ~ ` I I tt,AV e Q3 SLAB EL. MU i 2 STY, FRAMED HOUSE d 4, LP FIN. FL. 13.5' e _ I BENCH I \ / 'd~o°do' °do' °dv ..°dn• °d'° DW L (RETAINliNG WA UL) NDS) / (A 19 PROPOSED X\ LP COVERED OKJ O PORCH ~ iV OI _ -12.5' 36.8' .2• EL. 12' em CHIMNE i1MNEV (RETAINING WALL) ETLANDS) 80 W 5 MIN W W 5.0', W EL 11 0 Y EL8 ' EUGENE'S CREEK W \ ~ \ \ ~l`bN~11R1vEVJAV' \ ~ \ l`A7 \ h x MHWM AS PER FILE MAP WATER LINE TO BE INSIDE LARGER DIAMETER FLOOD ONE / MHWM a of PIPE WITHIN 10 FEET OF SEPTIC SYSTEM AS PER DWELLING SCHDS NEW WATER LINE TO BE RUN: V DIA. WELL HAS BEEN ABONDONED IONDONED LIN / M~ o U M WATER LINE TO BE INSERTED IN TO 2" DIA, JECTEDTO r~ SITE PLAN PVC, 100ps! CONTINUOUS PIPE WITH NO RESIDENCE CONNECTED TO 10' WIDE PROPOSED EASEMENT BREAK-OFF CONNECTIONS! SANITARY LINE 10 WIDE PROPOSED EASEMENT PUBLIC WATER TER 10' WIDE PROPOSED EASEME AREA: 1962.5 SQ. FT. MUST BE DR-18 AND MUST BE WIN EITHER AREA; 1962.5 SQ. FT. AREA: 1962.5 SQ. FT. SCALE: 1" = 101-0' i EDGE OF DIRECTION OF CROSSING. WETLANDS 0 r+ °s F~ r ° 01-53.3 SCTM No. 1000-136-01-53 u PA z LOCATION: AREA: LOT CO) )T COVERAGE: F 3 AREA TO MHWM AS PER FILED MAP: 11,529 SQ. FT. 0.26/ 0.26 ACRES 0.19 ACRES EL. 10.5' _ _ _ _ AREA TO MHWM, SEPT. 14, 2000 8,102 SQ. FT. 0.191 DARK BROWN LOAM OL BUILDABLE AREA: 6,739 SQ. FT. 0.15 F 0.15 ACRES BROWN SILTY SAND SM BUao BUILDABLE: T 00 IN PALE BROWN FINE MEE MEETS AND BOUNDS BY: PROPOSED HOUSE (TOTAL): 1284.4 SQ. FT. 19. 19.1% a TO MED. SAND SP PRCONIC SU PRCONIC SURVEYORS, JOHN T. METZGER LIC. No. 4 LIC. No. 49618, DATED: JULY 5,2007 PROPOSED ENTRY PORCH: 30.0 SQ. FT. 0.1~ 0.4% 9.8' PROPOSED COVERED PORCH: 169.7 SQ. FT. 2.° 2.5% TOTAL 1484.1 SQ. FT. 22. 22.0% WATER IN PALE BROWN FINE TO MED. SAND SP - - 17' WATER ENCOUNTERED 9.8' BELOW SURFACE (EL. 0.7') t-- STTEETNUMBER. TEST HOLE DATA McDONALD GEOSCIENCE 02/06/2013 S-1