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HomeMy WebLinkAbout1000-15.-3-3 L____ OFFICE LOCATION: I# SO(/TyOI MAILING ADDRESS: Town Hall Annex Oy P.O. Box 1179 54375 State Route 25 l~ T Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) C4 Southold, NY 11971 Z*~ A0 Telephone: 631 765-1938 ~yCOUNTY,'k 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 NOS Date: 13, 2013 Re: LWRP Coastal Consistency Review for GREG & CAROL KARAS SCTM#1000-15-3-3 Patricia C. Moore, Esq. on behalf of GREG & CAROL KARAS requests a Wetland Permit to construct a 15'x25' gunite pool with water feature; extend existing patio approximately 720sq.ft. eastward and up to 75' from top of bluff; construct a 4'x8'x4'6" cedar pool equipment enclosure; landscape a 10' area between pool and property line; install 54" pool fence with gates along edge of patio; replace existing 3'x11' landing and 3'x45' bluff stairs to beach in-kind and in-place. Located: 135 Soundview Road, Orient. SCTM# 15-3-3 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 provided: 1. The Board verify that a 5' wide non-turf buffer was installed along the top of bluff as conditioned in permits 7719 and 7719C. 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 F Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for pemmits* 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 f making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 4 . 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 significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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. i i A copy of the LWRP is available in the following places: online at the Town of Southold's s. website (southoldtown.northfork.net), the Board of Trustees mg Department all i local libraries and the Town Clerk's office. L I I B. DESCRIPTION OF SITE AND PROPOSED ACTION j SCIM# 15-3-3 c iU - - ~ it PROJECT NAME pool. patio & fence The Application has been submitted to (check appropriate response): Town Board ? Planning Board O Building Dept. ? Board of Trustees 0 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) 7? 13 (c) Permit, approval, license, certification: ? Nature and extent of action: 15'x 25' gunite pool with water feature, patio and pool fence in accordance with ZBA J ,ova 2ep/aoe A&cA sftttis 3 x ys' w.fc 3'x se e PROJECT DESCRIPTION 15'x 25' gunite pool, 3.5 to 6' in depth with water feature; extend existing patio up to 75' from top of bluff, 720 sq.ft., 4'x 8'x 4'6" cedar pool equipment enclosure, landscape 10' area between pool and property line and 54" pool fence with gates along edge of patio; replace (permitted) stairs to beach in kind and in place (3' x 45' beach stairs with 3' x 11' landing. M Location of action: 135 Soundview Road Orient Site acreage: 25,700 sf Present land use: house and patio 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: Greg and Carol Karas (b) Mailing address: 8025 Harborview Terrace Brooklyn NY 11209 (c) Telephone number: Area Code ( )_(718) 628-0500 (d) Application number, if any: I Will the action be directly undertaken, require funding, or approval by a state or federal agency? I Yes ? No ? 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 ? Not Applicable residential accessory use to existing dwelling Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LVW Section III - Policies Pages 3 through 6 for evaluation criteria ? Yes F1 No El Not Applicable i 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 Q Not Applicable i i Attach additional sheets if necessary I 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 I Yes El No El Not Applicable i I I nnnl is cat hark away from top of bluff patio and pant fence from ton of hl;iff bzccc~i GilTi/i-. ~.vo~.~f- acho,?1 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 El No ONotApplicable 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 i 1 I I i Attach additional sheets if necessary ` 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. i ? Yes ? No nX Not Applicable i I i I i 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 X? Not Applicable i r 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. ? Ye? No ® Not Applicable Attach additional sheets if necessary i WORHING COAST POLICIES i Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section Hl- Policies; Pages 47 through 56 for evaluation criteria. t Yes ? No 0 Not Applicable i i I Attach additional sheets if necessary I Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecouic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ? Yes ? No 0 Not Applicable - I i Attach additional sheets if necessary i i 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 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 8/27/13 r ~u mm f ' • P, a » a n = = gyp. a n m a " n • SLk03 FD 25 lDp MD. BO s • E P.D.fiS h n owo r e u vm • a • v e " P ? ^ n » - ' l0lp IA jvo ' •f » yPr a' aumorwmcu I I MOM •`nM 9 q,. % i °8 . a a.aw " yO " s~ P q' O 6 q•P- a k 's s. 9 I y aarM / 9 • z.Na 4 9 p . a i .tea s.w ~~ro f ~ 1 .vy ~ 1 n n P _ _ _ CUM SUFFOM ® E » aEU"No PMpWyTu SNVkl Pyre/ o 15 x w. ° mss. - - - - - - - - - - - - - - - - - I BOARD MEMBERS Southold Town Hall LesliaKanes Weisman, Chairperson ~~oF sooryo 53095 Main Road • P.O. Box 1179 lp Southold, NY 11971-0959 Gerard P. Goehringer Office Location: ae Town Annex /First Floor, Capital One Bank George Horning G • O 54375 Main Road (at Youngs Avenue) Ken Schneider 3 COU Southold, NY 11971 http://southoldtown.nortbfork.net ZONING BOARD OF APPEALS N TOWN OF SOUTHOLD V E Tel. (631) 765-1809 • Fax (631) 765-90648 013 FINDINGS, DELIBERAT IONS AND DETERMINATI MEETING OF MARCH 21, 2013 ZBA FILE: 6630 NAME OF APPLICANT: Gregory and Carol Karas SCTM#1000-15-3-3 PROPERTY LOCATION: 135 Soundview Road (adj. to Long Island Sound), Orient, 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 step's 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 February 14, 2013 stating that this application is considered a matter for focal 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 February 14, 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION7 Subject parcel is a non-conforming 23,762 sq. ft lot located in the R-40 zone. It is improved with a 1 & 2 story frame and brick dwelling with attached garage. It has 100.00 feet of frontage on Sound View Road, 257.65 feet along the west property line, 95.97 feet on Long Island Sound and 238.44 feet along the east property line as shown on the survey prepared by Metes and Bounds Surveying dated August 12, 2008 last revised November 11, 2012. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116A(I) and Article III Code Section 280-15 and the Building Inspector's January 24, 2013 Notice of Disapproval based on an application for building permit for an accessory in-ground pool; 1) top of bluff set back of less than the code required 100 feet, 2) location other than the code permitted front yard on waterfront property or rear yard. RELIEF REQUESTED: The applicant requests variances to construct an in-ground swimming pool 83.6 feet from the top of the bluff, where the code requires 100 feet. Additionally, the proposed pool is located in the side yard where the code requires a rear yard location or in the case of waterfront properties a front yard location provided the principal front yard setback is met. FINDINGS OF FACT/ REASONS FOR BOARD ACTION- Page 2 of 3 - March 21, 2013 7BA Filed5630 - Karas SCTM: 1000-15-3-3 The Zoning Board of Appeals held a public hearing on this application on March 7, 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 the variances requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's agent provided an aerial map of the neighborhood and copies of other bluff setback variances similar to this request. An in-ground swimming pool is a customary accessory in this residential area. 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 an area variance. The dwelling is located at less than the code required setback of 40 feet so the pool cannot meet the principal front yard setback. Additionally, the entire rear yard is within the 100 foot bluff setback. Any location would require a variance. 3. Town Law. 267-b(3)(b)(3) The variances granted herein are mathematically substantial, representing 100% relief from the code in regards to the side yard location and is not substantial for the bluff setback representing 16.4% relief from the code. However, the proposed placement keeps the pool at the furthest distance from the bluff and will not be visible from the road. 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 applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 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 requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground swimming pool 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 Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variances as applied for, and shown on the survey prepared by Metes and Bounds Surveying dated August 12, 2008 last revised November 11, 2012. Conditions: 1. Applicant must provide a dry well for pool water discharge. 2. Applicant must provide a shelter for the pool utilities which will significantly lower noise levels of the pump. 3. This decision is limited to a pool that is constructed of cement or like, and not a liner pool. 4. These variances are subject to receipt and approval by the Board of Appeals of a final site plan showing the specific design and side yard location of the proposed pool (to be not less than 10 feet from the side yard property line), including patios, fencing and landscaping and the location of pool pump equipment and de- watering drywell on the landward side of the proposed pool if needed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Page 3 of 3 - March 21, 2013 ?BA FileP6630 - Karas SCTM: 1000-15-3-3 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 new application and public hearing 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 substitute a similar design that is de mimmis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members: Weisman (Chairperson), Goehringer, Horning, Schneider. This Resolution was duly adopted (4-0). 4 Leslie Kanes Weisman, Chairperson Approved for filing 31,26 /2013 - is T i1 t 2 r- s ' i KARAS SCTM: 100-15-3-3 135 SOUNDVIEW ROAD, ORIEN i ' 1 - `r r ~ p Y • .,d ~ • y ,,yam 7~ ~ :a •.-r< ,„.a'•';~ a . - ~ i • y.; ~ ? ate` a C -ZA 40 r a.: r - b t3= L ik -H. llk'l v •~YI ~cag` ~ ~ J 1, z,i' cL t+_ " 'J9' va w . kLt~+ ' i ~ , =iii •4t a , i SCTM: " O ~ ••h, e~l 9VE -77 SOO ;i + ,YvD I Y INN ¦oo¦ moll n~ ~ n r. Mw.a - r yry! AN 1 µ d ~t~ SE~' _ n r ~ ra I h v'.. romp,.. ~ ; -ys[~y .!tom • r. 1 „y i X i , t:rl ~ ~t J7 r = { pC ~ 41! i x. ' • K r 3l ~ ~'T* i of ~ ..y'?-. . - v_ k: ~+r'~ . -1iV x-56. ~9 * C - ` +a X ; . y ~ 1 . 7ir ~i+- it I~~•~ n~.,. - ~ •.A~TT ~~ra4 4~. a< ~ ~-~r}. N? ti fx~.:k4 y w-A _ , c 't I r 4 I qpo~ y { I" l r r y. _ i ` u.. _ 1. 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AT. r s - ~ Y to r 46 om AML • ' { • to. r • ' t t ILI t IAI moo Y e t - ~ "1 i O ti ~ _ ~s re. J ~ H. ROY JAFFE, P.E. 82 EAGLE CHASE, WOODBURY, N.Y. 11797 516.364,0148 FAX 516-364,0158 Q August 19, 201.3 It" village. Of Southold SEP 1 8 2Ci3 - Dear Sir: This is to certify that the drainage facilities to be used exc.iusively for the construction of a swimming pool on the premises of: K.-; r i S ICI 135 Soundv icy: PJ Oci.cnL, I1Y 111)`;7 will not require draining because the pool is of gunite construction. The pool water will be continuously recirculated through the filter and will be reused from year to year. The drainage from the filter backwash is nominal and will not interfere with the public water supply, the existing sanitary facilities or public highways. Very truly yours, NF4 Q~ ? ` qc q y09 r". Roy Jaffe, P.E. ~c 0 n ~ ~OFESS'O~P~it POX AND PROPERTY TO OJOIDW TO N.Y. 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M MQYATXALUT Arr D CONCKtCTC (Q , iC) SMALL D -g : Go.1CCTLK TVfSE DC A" w x WITH A YAAIW wSIZ. LALLDNS cw GVLv FA'u ?ATCR FCA%ACC CIF crl.x- w9&Y6. cwit hGNEt'1 ~.T C( r(-uf~1 DING '~lFfSh NGfEYl ENt 4- RCIWrUAC Q STLCL SHALL tC N ITCRYCDIATC LRA OC - •41LT STLLL V'tTX A MINIMUM LAP Of 3 PAR- Tv Q p 4'(M14 olAYCrzR3. = - '1~I-jE - _c9A+Mr.aDwr«v~~i~r~~,1- 1 rOOL AT CA )Vrr y tT O,aN[R 3 GARDEN NOS[ - - Tftviw" rr rraA- _ - p mE( rtit,+p o , [L Q. q'( Ro P~ O IDOL 10 K KSrT FULL WRIXC VIICCZWC -LATKR V/ l> G PSI t - ^ 7 9 NYr c"AGTT TO At Surf ICIENT TO EYrTT rp nN9111RI rY7X < > W 24 1 ft%. I T,-Plo c L- ~vL~nT- I Ic- il•AI r.: 2 ,1"~ '.k f ry>t(L 5) rr'l to ~ t ~rf.ACwNr.n - W ncRt FNx+rs,li Sys !;ar35 REVISED 9/f J H. ROY JAFFE, P.E. 0474V- 1 35 Sounflview Fri Orient, TTY 1195 ~y/~ j NOTE: HIGH WATER MARK DETERMINED FROM VAN TUYL SURVEY INCLUDED WITH SUBMISSION CON- SULTATION WITH PROPERTY OWNER, AND PERSONAL OBSERVATION ON 3/10/94 AT 0850 HOURS. CAF ~E-U( F- ~~t I-A INS r_ajF- o~ UF F (A- PQDX r L~ AI.L- r~UEEREW'5 / :F[ ~E. M N x a It c APPROVED PER TERbfB AZ40 ANQ CONUt ON8 OF OP }+l:, F TlLxr PERWT 340. - 9,-009/!'o~0©OUi"O DAT$ o2S kFffr A b R,Z-:Z; VIEId' pNC-i1ES. (Db EN 1 P120J8CT PLAN Application No. 1-1738-00916/00001-0 regarding the property of 6R&C}ORY 3?0ULO8 Suffolk County Tax Map No. 1000-15-3-3 Represented by Proper-T 14 eervi cesa P.O. Bak 517, Cutchague, NY 11935 James B. Fitzgerald, Jr. .516-731-5860 Sheet of Revised March 25, 1994 SURVEY OF LOT 45 MAP OF ORIENT BY THE SEA ISLAND SOUND SECTION TWO LONG FILE No. 3444 FILED OCTOBER 26, 1961 SITUATE 62.75 ORIENT POINT H -7 q 83-26 .37E'w "w TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-15-03-03 / SCALE 1°=30' , AUGUST 12, 2008 p ,o t?n NOVEMBER 11, 2012 ADDED PROPOSED POOL Q ROCK REVENTMEKT W / / 1e 4ewert towr AREA o 23,762 sq. }f. O ~ ~ / / ~tR (ro 1e uq 0.546 ae. e. ce' - 21 /M i _ e / / / / / wlmc®I OOY Im INIIIBrt / ~ ~ / / / / iib a me as OHIO sI,II iE 12- Is- m ,ev.I ,R- N' LS 22- too wao-ows ~°SEP 1 8 213 12- 31' VK ~ MEN Soup m I I y I, y aaa I~ ® % 'x I 1 I a` sa .'w.......~....... . ROOD wiw = ,fit a ooolRo ,ea t t: . . pP 7 t 2 SIM r ...'a t eMaaE : • 1 FRAY[ t @N= N--- a2 I-,III,:rJ .aa°.. -..•d.. ro 00 Arw MOCK ]N 91 .pti~ , 111g / 14 I Al A$ 36 WIVO l y i S lv svc wasoa •o a wM' METES AND HOUNDS SURVEYING ° 1pt woI r` yeas .i 4 Boll.. poO NOTES., 22 AMERKM AVENUE N 000M. .Y 11727 M,ONE 8311 7]R-RaR 1°,041 t or a soot 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~RR aAx I°~°° %Ia. ti ~w+„w W EXISTING CONTOUR LINES ARE SHOWN THUS: - - -ao- oA - O•ROOE AOOR IOC 03 ALOCIL 03 SOLO L 15 OISMGf: 1000 r w wss.1 Y ,I.O. tlN 0f: OWFaf t! lNF SEA .r~,~~ yy~ eiO' • ~~W two FILE Mw,Y• Y~'OII~,IIY„ i 7 SffUq n AT: MW POW aOOt"~ r a r Y asonl ~-I 9"Oul 00UNW NEW toRR Y IY v y N. L J CFA7 70 "NO.: aR-,a4A ate NOWRIM v, =2