HomeMy WebLinkAbout1000-21.-2-14OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
To:
From
Date:
Re:
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
John Bredemeyer, President
Town of Southold Board of Trustees
Mark Terry, Principal Planner
LWRP Coordinator
May 19, 2014
Proposed Administrative Permit for ALBERT PALUMBO
SCTM# 1000-21-2-14
ALBERT PALUMBO requests an Administrative Permit to replace the sound -side windows and
doors on the existing dwelling; re -construct and re -configure existing deck and tiered steps within
the existing 12.6'x17.6' footprint; and construct a roof over the deck. Located: 1095 Aquaview
Avenue, East Marion. SCTM# 21-2-14
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 Policy Standards and therefore are CONSISTENT
with the LWRP based on the following:
1. The proposed deck will not extend further seaward (on grade) than the existing structure.
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
A. INSTRUCTIONS
i
LWRP CONSISTENCY ASSESSMENT FORM
1. 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.
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 s4wficant
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.
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, n De artment, all
local libraries and the Town Clerk's office. D E � 7
B. DESCRIPTION OF SITE AND PROPOSED ACTION
DEC - 13
i
SCTM# o?� - �02 -�
PROJECT NAME PSL v m�'o w�Al noa�/D�C� �'-5X 0 YA- 7
The Application has been submitted to (check appropriate response):
Town Board ❑ Planning Board ❑ Building Dept. Zl"' Board of Trustees
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, landi ansaet e;,41 ❑
(b) Financial assistance (e.g. grant, loan, subsidy)
JAN 13 2014
(c) Permit, approval, license, certification:
Nature and extent of ac 'on: e
a,veiM
8Z3 -0-�67,6 rgg9��. AM ,901- 0O&C-ded,E, i&P,gc"E /Vases S1d/AJ6-
Nunemaker, Amanda
From: Al Palumbo<aIpal umbo@apsecurityconsult.com>
Sent: Thursday, January 02, 2014 12:14 PM
To: Nunemaker, Amanda
Subject: Palumbo Application for Deck Reconfiguration and Added Roof 1095 Aquaview Avenue,
East Marion - Message is from an unknown sender
Hi Amanda,
As per our conversation, please include the following project description with our application:
Project Description for Deck Reconfiguration and Added Roof
1095 Aquaview Avenue, East Marion:
Square off the existing deck and tiered steps within the existing 12.6' x 17.6' footprint approved under BZA #4676
(1999) variance and add a roof over the new deck.
Please let me know if anything else is needed.
Thank you!
Al and Donna Palumbo
Al Palumbo, CHS -Level 3
Principal
AP Security Consulting & Design, Inc.
1010 Northern Boulevard, Suite 208
Great Neck, New York 11021
212-924-2070
al alumba a securit consult.com
www.apsecuritvcotisult.com
Location of action:
Site acreage:
Presentland use:
Present zoning classification: le`�-
2. If an application. for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided: /� Q
(a) Name of applicant:
(b) Mailing address: AG'
//o3 a
(c) Telephone number: Area CodeT-%—a 3 73
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ❑ No N
If yes, which state or federal agency?
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.
�
CS ❑ No ❑ Not Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LVVRP Section III — Policies Pages 3 through 6 for evaluation criteria
11 Yes 11 No V� 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
)2� Yes ❑ No ❑ Not Applicable
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRF
Section III — Policies Pages 8 through 16 for evaluation criteria
Yes 1-1 No 11 Not Applicable
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 1:1 No of Applicable
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
Attach additional sheets if necessary
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 [:] NO ' --:7' Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LV -TRP Section III — Policies; Pages 34 through 38 for evaluation criteria.
❑ Yes ❑ No
"5' Not Applicable
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.
❑ YeO 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 ❑ Nop, Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section XII — Policies; Pages
62 through 65 for evaluation criteria.
❑ Yes ❑ No�g 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 Not Applicable
PREPARED BY TITLES' DATE �ZS��
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Palumbo Residence
1095 Aquaview Avenue
East Marion
Existing Window Wall
And Deck
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EXISTING
Palumbo Residence
1095 Aqubview Avenue
East Marion
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SCALE: 1/4"= 1'-0"
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Existing Deck
Approved by Southold
Building Department
Board of Appeals #4676 (1999)
Approved size:
12'6" (d) x 17'6" (w)
HANDRAIL
Palumbo Residence
1095 Aquaview Avenue
East Marion
4 EXISTING TING
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Existing Deck
Approved by Southold
Building Department
Board of Appeals #4676 (1999)
Approved size:
12'6" (d) x 17'6" (w)
HANDRAIL
Palumbo Residence
1095 Aquaview Avenue
East Marion
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS; DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF MAY 20, 1999
Appl. No. 4676 - ALBERT PAWMBO 1000-21-2-14
STREET & LOCALITY: 1095 Aquaview Avenue, East Marion
DATE OF PUBLIC HEARING: April 22, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicants property is located along the north side of
Aquaview Avenue; East Marion, with frontage along the. Long Island Sound. A site plan map
prepared by Zivkovic Associates, Architects, P.C. dated 11-3-98 shows an existing one-story frame
dwelling, a separate stairway leading from the top of the bluff to the beach and accessory shed at
the beach area.
BASIS OF APPLICATION: Two Building Inspector's January 12, 1999 Notices of Disapproval citing
Section 100-239.4A(1) for a proposed deck 10 feet from the bluff and citing Section 100-244 for a
proposed deck with side yards at less than the required 10 ft. and 15 ft. (25 ft. combined).
AREA VARIANCE RELIEF REQUESTED: Applicant requests a new deck 28.2 feet wide at the north
end of the dwelling, with a setback from the top of the bluff at 10 feet and- side yards at 10.4 feet
and 11 feet (combined sides 21.4 feet), at the closest points as shown on the site plan dated -11-3-
98 prepared by Zivkovic Associates Architects, P.C.
OTHER INFORMATION AND EVIDENCE:
The Board held a. public hearing on this matter, noticed pursuant to Chapter 58, and at written and
oral testimony were presented. Based on the testimony and documentation presented. to the
Board and other evidence, the. Board of Appeals finds the following findings of facts to be true and
relevant:
1. Applicant initially sought permission to construct a 15 ft. by 28.2 ft. deck addition 10 feet at
the closest point from the top of the bluff., with proposed side yards of 10.4 feet and 11 ft.
instead of the required 10 ft. and 15 ft., or 25 feet combined.
2. The Suffolk County Soil and Water Conservation District conducted a site inspection of the
property, and in an April 30, 1999 Letter to the Board of Appeals noted that:
go
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Gerard P. Goehringer, Chairman
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53095 Main Road
44, James Dinizio, Jr.
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P.O. Box 1179
Lydia A. Tortora
P7
Southold, New York 11971
765-9064
Lora S. Collins
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ZBA Fax (516)
George Homing
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Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS; DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF MAY 20, 1999
Appl. No. 4676 - ALBERT PAWMBO 1000-21-2-14
STREET & LOCALITY: 1095 Aquaview Avenue, East Marion
DATE OF PUBLIC HEARING: April 22, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicants property is located along the north side of
Aquaview Avenue; East Marion, with frontage along the. Long Island Sound. A site plan map
prepared by Zivkovic Associates, Architects, P.C. dated 11-3-98 shows an existing one-story frame
dwelling, a separate stairway leading from the top of the bluff to the beach and accessory shed at
the beach area.
BASIS OF APPLICATION: Two Building Inspector's January 12, 1999 Notices of Disapproval citing
Section 100-239.4A(1) for a proposed deck 10 feet from the bluff and citing Section 100-244 for a
proposed deck with side yards at less than the required 10 ft. and 15 ft. (25 ft. combined).
AREA VARIANCE RELIEF REQUESTED: Applicant requests a new deck 28.2 feet wide at the north
end of the dwelling, with a setback from the top of the bluff at 10 feet and- side yards at 10.4 feet
and 11 feet (combined sides 21.4 feet), at the closest points as shown on the site plan dated -11-3-
98 prepared by Zivkovic Associates Architects, P.C.
OTHER INFORMATION AND EVIDENCE:
The Board held a. public hearing on this matter, noticed pursuant to Chapter 58, and at written and
oral testimony were presented. Based on the testimony and documentation presented. to the
Board and other evidence, the. Board of Appeals finds the following findings of facts to be true and
relevant:
1. Applicant initially sought permission to construct a 15 ft. by 28.2 ft. deck addition 10 feet at
the closest point from the top of the bluff., with proposed side yards of 10.4 feet and 11 ft.
instead of the required 10 ft. and 15 ft., or 25 feet combined.
2. The Suffolk County Soil and Water Conservation District conducted a site inspection of the
property, and in an April 30, 1999 Letter to the Board of Appeals noted that:
Page 2 - May 20, 1999
Appl. No. 4676 - A. Palumbo (1000-21-2-14)
a. The bluff lot appears to be in a somewhat protected cove.
A The deck addition wyill slightly increase the amount of runoff that flows over the bluff face.
c. The ground below the deck should be protected from runoff, by for example, a gravel
base.
3. After review of the Soil and Water Conservation District report, the applicant offered to reduce
the size of the deck addition from 28.2' wide to 17'6" wide, and from 15' depth to 12'6" .in depth,
all in accordance with a drawing submitted
May 20, 1999 by Brian Connolly, Architect. The deck addition to be located on the northwest
comer of the house will eliminate the need for a side yard variance.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before
the Board, and personal inspection, the Board makes the following findings:
1. Grant of -alternative relief described herein will not produce an undesirable change in the
character of the neighborhood' or a detriment to nearby properties because the applicant's
deck will not extend beyond the existing nonconforming side yard setback. There was no
evidence presented to suggest that the deck addition, as amended, would have any adverse
effect on nearby properties.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicant to pursuant, other than a variance, because the setback to the top of the bluff are
nonconforming with respect to the existing single-family dwelling, and no addition is possible
without a variance.
3. The variance is substantial in relation to the code requirements.
4. The alleged difficulty has not been self-created and is due to the preexisting nonconforming
location of the single-family dwelling on this lot.
5. The variance as proposed will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood because the deck addition is modest in size, and
the conditions hereby attached to this approval will mitigate potential runoff from the deck as
noted by the Soil and Water Conservation report.
In considering this application, the Board deems this action to be the minimum necessary and
adequate to enable the applicants to enjoy the benefit of a new
deck addition, while preserving and protecting the character of the neighborhood and the health,
safety, welfare of the community.
RESOLUTION /ACTION: On motion by MemberTortora, seconded by Member Dinizio, it was
RESOLVED, to GRANT relief as alternatively agreed and applied for, SUBJECT TO THE
FOLLOWING CONDITIONS:
I it
I. That the ground below the deck be protected with a gravel base.
2. That any service runoff shall be redirected away from the bluff, toward
Page 3 - May 20, 1999
Appl. No. 4676 - A. Palumbo (1000-21-2-14)
the road.
3. That the deck shall- be setback at a minimum of 12'6" to the top of the, bluff at its
closest point.
VOTE OF THE BOARD: AYES: GOEHRINGER, DINgIDJORTORA, HORNING. (MEMBER COLLINS
WAS ABSENT.) THIS RESOLUTION WAS D= D (4-
A
ERRD P. GOEHRINGER CHAI AN
FFiling on 5/24/99
a �
Z
Page 3 - May 20, 1999
Appl. No. 4676 - A. Palumbo (1000-21-2-14)
the road.
3. That the deck shall- be setback at a minimum of 12'6" to the top of the, bluff at its
closest point.
VOTE OF THE BOARD: AYES: GOEHRINGER, DINgIDJORTORA, HORNING. (MEMBER COLLINS
WAS ABSENT.) THIS RESOLUTION WAS D= D (4-
A
ERRD P. GOEHRINGER CHAI AN
FFiling on 5/24/99
I -
All photos taken 11/26/13 at 11:00 am
Deck shown east to west
Existing deck facing north
West side of deck—to be squared off in existing footprint to BZA #4646 (1999)
12' 6 " x 17' 6" approved size
North-east view of deck
m
N..
West view of deck
West to east view
North-east view
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LONG BEACH, NY POUND 14UGE, NY 10576
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