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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�� 50100 tl COUNTYOFSUFFOLK (C) o< secrioR Ro E �er.re_ —�— .. Ixtl a..,.. --.-- ✓.... --.-- C x eounla.o ��✓� u___ _ O2 �u — —_ �_�_—_—_—_ r RealProperty Tax Service Agency vo • E u ___ CwinYCmlrlliwlwN.Rvnfel M Z n r.rr n w iz.� ✓ w � �__- u --r-- ru.--ww-- P t0 clM 1000 ® PROPERtY NWP 1 . . / J EXISTING SHED EXISTING LONG 15L,4 D S 0 UND S8 A` FARE:NT Hi�t1 WATER UP,E A� . _ 0 o 33'47°E CIN 1 2.OG.97 �— 41, 38, 0 o SME I o NW ! NE STEPS/ FPROt I.I'W. • 5wll -� 5E .PS I S I C I I ------ I TOP Of SLOPE DEC - 2 2013 I UTILItY FOL APPROXIMATE LOCATION OF "LANDWARD LIMIT OF NATURAL _ ; I PROTECTIVE FEATURE AREA SHOWN BY GJRJAPHIC ._. u:1f1: ,:; L; ... PLOTTING ONLY; NOT GUARANTEED, REFEKTO AERIAL i EXISTING PHOTOGRAPH No. 50-G 1 7-53, SHEET I G OF 49, Board ;; 7r� .; DECK I COASTAL EROSION HAZARD AREA MAP DATED 8.29.1 985. j RREG FENCE IRREG. CURB CEN. ALONG LINE EXISTING ONE I STORY FRAME HOUSE o j I I O.H. WIRES o r Y 0 &: V V �e Q 3 /y6`pO APPP,GY 7. I' 5. \� I`ll /0,/0, O,/0,APPROX G.9' 5. `\ F S ITE FLAN SCALE: 1 "=30-0" �I I - BASED ON SURVEY BY KULHNEK PLAN N LAND SURVEYORS,P.C. � DATED 12.06.1997 03 AND SITE OBSERVATIONS AND MEASUREMFNTS BYTHE ARCHITECT FOR THE EXISTING DECK ONLY SUFFOLK CTY TAX MAP NO. 1000-21-2- 1 4 I �I N 'I N I O'. Palumbo Residence 1095 Aquaview Avenue East Marion Existing Window Wall And Deck =�� EXISTING Palumbo Residence 1095 Aqubview Avenue East Marion A -7 I KST f LOOK< SCALE: 1/4"= 1'-0" C 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 i Q = L ROOM > O z _N u� U- 0 LU z KST f LOOK< SCALE: 1/4"= 1'-0" C 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 Gym Jumnuiu luWii iiau Gerard P. Goehringer, Chairman �� 53095 Main Road 44, James Dinizio, Jr. N = P.O. Box 1179 Lydia A. Tortora P7 Southold, New York 11971 765-9064 Lora S. Collins y ��l o�� ZBA Fax (516) George Homing �a 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 Oce Bruning, Inc. 81420 Form 1 i 136 u�i -" _ _A TITLE No. D7,5 84,3a R /- T isL�vva �2e vV0 k!arE,� G� .�cpGe 3 ' so Cf) co0 41 0 �D it/oT�-.• A/''Prpox/�I,oT� L�C'.�riv.0 of �L9.r/O�yt'L� /rEgTll�'E .Q�E.f� •' ,Syow,c/ •8Y sygPyr c Pt o rrlwa D,vL / j ,yo T Gv�4/j'9�(/TEED /�'FE.sz To gE�J.4L /�J�oTo y,pgp,5/ NC SO -a /% 83�, U;01567- /(i OF ¢3 C7o.AS�r9l Etas/a l/ Z'V" '5;WdW n r SC ALE : / - .30 ± vcUFFO[--./e.- Coum-Fy TAX NMA( DIST. 1000 SF -C-21 BL1e •2 L -OT + �ti1FNoEl� JJ• 03 •38 • • sF� .</or�� MEASUREMENT IN U -S. STANDARD THE EXISTENCE OF RIGHT OF WAYS -AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. THE DIMENSIONS SHOWN HEREON, FROM THE STRUCTURES TO THE PROPERTY LINE, ARE FOR A SPECIFIC PURPOSE ONLY. THEY ARE NOT INTENDED TO BE USED FOR THE ERECTION OF FENCES, STRUCTURES OR ANY OTHER IMPROVEMENT. UNAUTHORIZED ALTERATION OR ONLY COPIES FROM THE ORIGINAL GUARANTEES INDICATED HEREON SHALL RUN ONLY TO ADDITION TO A SURVEY MAP BEARING OF THIS SURVEY MARKED WITH AN THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, A. LICENSED LAND SURVEYOR'S SEAL ORIGINAL OF THE LAND SURVEY- GOVERNMENTAL AGENCY AND LENDING INSTITUTION IS A VIOLATION OF SECTION 7209, SUB- OR'S EMBOSSED SEAL SHALL BE LISTED HEREON, AND TO THE ASSIGNEES OF THE DIVISION 2, OF THE NEW YORK STATE CONSIDERED TO BE VALID TRUE LENDING INSTITUTION. EDUCATION LAW. COPIES. GUARANTEES ARE NOT TRANSFERABLE TO ADDI- TIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. KULF ANTEK -& :1V LAND SURVEYORS, R.C. WESTCHESTER OFFICERp��y POUND RIDGE, NY P.O,. 13OX-:78 LONG ISLAND OFFICE* 7:i WESTCHESTER AVE. LONG BEACH, NY POUND 14UGE, NY 10576 TELEPHONE: 800-541-51 �4 FAX: 800-242-4955 SECTION I BLOCK GUARANTEED TO FroELl7ry NA-rI0t4AL_ TITLE IMSUP-ANCE Co. 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