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HomeMy WebLinkAbout1000-53.-5-12.6OFFICE 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 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM John Bredemeyer, President Town of Southold Board of Trustees Mark Terry, Principal Planner LWRP Coordinator May 20, 2014 Proposed Administrative Permit for STEVE FLOTTERON SCTM# 1000-53-5-12.6 Fairweather & Brown Associates on behalf of STEVE FLOTTERON requests a Wetland Permit to raise the existing cottage using cement block piers to a floor elevation of 9'; enclose the existing 37.8sq.ft. entry deck; construct a 2'x10'3" addition to the cottage; reconstruct existing landings and stairs for egress to the new elevation; and install gutters to leaders to drywells for roof runoff. Located: 65490 Route 25, Breezy Shores Cottage #7, Greenport. SCTM# 53-5-12.6 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 action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "BB" which states: BB. Additions to an existing dwelling constituting less than 25% of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a coastal erosion hazard area; 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 i�y���c✓ �� Town of Southold LWRP CONSISTENCY ASSESSMENT FORM MAY 12 2014 A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall-•eomplete 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 exe t minor action list, policies and explanations of each policy contained in the Town of Southold a1 Waterfront Revitalization Program. A o osed action will be evaluated- as to its si6ificant beneficial h- 'kind-141kcallof 3. If any question in Section C on this form is answered "yes" or "no", thenZthed action will affect the achievement of the LWRP policy standards and conditions cohe consistency review law. Thi each er mu$t .be lamed fn d hlh . and now - supporting facts. If an action cannot be certified as consistent wi a LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: website(southoldtown.northfork.net), the Board of Try local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED SCTM#3 PROJECT NAME The Application has .been Town Board ❑ 1. Category of Town of (a) Action undeq construction, at the Town of Southold ' s APR 2 5 2014 I to (chec ppropriate response): d ❑ Building Dept. L"J Board of Trustees I a ncy action (check appropriate`response): Ictly by Town agency (e.g. capital ❑ activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Nature and extent of actign• 1 rnarroY• a- Lt(on Of 3o_15 SJ-Ff" fo l)LiSlir�`—6eA5p-n a- �j1- sq ft -]pecL �{c ad@cl cps SA -PDS +n me -et Glriid-e Qt'fe-111 il— f(VMA fo ►wue'_ —PIrsf t�Oo✓ Qi t - i p I a ,l C w � -�d-�✓ I� cr t� — �` 7 f-3 Location of action: J A — Y-eehj 14 S6�:� �'�� �� �� av►� R �' Site acreage: do Present land use: VQ : S t i h h D h e o► (,IA d� I � �'P— Present zoning classification: R ` 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: aeap, h F 04er o n C- # (b) Mailing address: 2 SO &,h d D i' � V i OCL44_ws AM\J IMIW-fik) 6L5 -44etit 7C)5 L (c) Telephone number: Area Code () r/o� —' 1 5 a` A" (d) 64 5 — L'1-7 f 6fed Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 1� No ❑ If yes, which state or federal agency? oc� ` bLO u �$ut �D�AI65- T 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. ❑ Yes ❑ No VrNotApplicable �J/ Q V Attach additional sheets if 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 .�.I Not Applicable i�4 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 jg 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 LWRP Section III — PolicVNot s 8 through 16 for evaluation criteria ApplicableYes ❑ N 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 ❑ No ;Y�Not 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. ❑ ❑ 15' 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 'Not Applicable 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 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. ❑ 41 No 2 Not Applicable Attach additional sheets if necessary /b 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 tzNot 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. F] Yes 1:1 No Applicable ' Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 forZot ation criteria. 1-1 Yes F1 No Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; ages 65 through 68 for evaluation criteria. ❑ Yes ❑ No[4 Not Applicable PREPARED BY aZiUi VAhiI-J� TITLE DATE o� 1 xATCN SEE 9EC. x0. de q Q• 9EE 8EC. x0. de 3' 1.NO � e EavTxao s / � PARCEE No. r` ].wa O r aoo]�i o� CWxtt68UFFIXx � e1 O �:' feNa 4. TOVW, P9WTHOlD / . lty//x OFBWTxpD � � j / r 0.3 I 1B ]N=1 I�IeNa %I I�)OM]t OP y���gy'�Gy Cg11m'OP 9UEEpx � a nr r i� f O2 �� I�i�at.`ie �• y � "° - r _ - ,t>.•x of � �. r /� 901RNIXU - ,,P ti�a sampan n� ~ `•~'r '" ProABN Bi611 f�♦ �� e` J �'R ♦t s^� °" !!1�9 [ •`dam q'1 IId N S, 4' P `'b • 4ry 4' � `I n'�`�, �, ro 4 � •'b ' S� • SS a, ,p • f ' 'A = " herr IN, TeA a�p�•� Z _ e�� a SEE SEC. NO. sEESSc iTA $ A� a f•O' M1.� i..e - T fi -��--_-_- 1MiCN xp 9EE BEC. . 06] __---- �-----uxE BEE BEC. NO.OeT un]cr --I .z-___ - mEsm. NO --� UNE L �� �. - -- �` �- _�_ _ �� _ _ ^_ Nonce COUNTY OF SUFFOLK © x SOUTHOLD SECnON NO E ____ G. _ _ _ Real Property Tau Service Agency GwrypertyTxService v 53 N —� -- -- --�-- P rnct No 1000 PROPERTY MAP ISLAND SNELjSR SOUND COUNTY OF SUFFOLK x ar Real Property Tax Service Agency v Al D r..i� n r ��xi s�. —__� �u --r-- ��--wr—� aacaaJY% © P rnict xo tOr PgOPEaTV BOARD MEMBERS Leslie Kanes Weisman. Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider hf- Southold Town I Tall 53095 Main Road • P.O. Box 1 179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD APA 2 5 2014 Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17, 2014 ZBA FILE: 6704 NAME OF APPLICANT: Breezy Shores Community Inc. Cottage 47 (Steven Flotteron) CTM 1000-53-5-12.6 PROPERTY LOCATION: 65490 Main Road, (aka Sage Blvd.) (adj. to Shelter Island Sound), Southold, 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 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 November 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 Nov. 26, 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/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non -conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed, they were rented as seasonal cottages. In 2000 a real estate cooperative, Breezy Shores Community, Inc., was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 7 and is owned by Steven Flotteron. The cottage, with proposed improvements, is shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and the site plan drawings by Robert 1. Brown Architect, P.C., dated March 24, 2014. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123. Article XXII Section 280-1 16 (B) and the Building Inspectors October 31, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; 1) a nonconformintt buildine containing a nonconforming use shall not be enlarged. reconstructed, structurally altered or moved. unless such building is changed to a conforming use. 2) less than the code required bulkhead setback of 75 feet. Pagc 2 of 3 - ,\rill 17 2014 ZMAN6704- 13reep, Shores Gomm . Inc SClht#IUUi�-i3s-12 6 RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage when such changes to a nonconforming structure containing a nonconforming use are not allowed by Code, and a second variance for a 72 feet setback from the bulkhead. where 75 feet is required. AMENDED APPLICATION: During the Dec. 5, 2013 hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on March 26, 2014 submitted a revised plan that reduced the size of the proposed non -conforming additions and alteration, bringing the plan into more conformity with the codes. Several letters of support were received. The Board of the Breezy Shores Community is in support of the proposal. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 5, 2013, on February 6, 2014, and on April 3, 2014, 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 will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands, and it is sufficiently removed from other adjacent neighborhood properties so that no adjacent property owners will be adversely impacted by the proposed structural improvements to seasonally occupied Cottage #7. The additions will be limited to a 2.8% increase in the size of the existing structure. All 28 seasonal cottages on the subject property have been in existence since the early 1900's, when they were constructed for workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed and then stopped, the cottages were rented to seasonal guests. The adjacent waterfront cottages have similar, pre-existing, non- conforming bulkhead setbacks. 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by solve method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non -conforming use. The cottage also has a pre-existing non -conforming bulkhead setback of 72 feet. As a consequence of the non -conforming features any proposed additions and alterations will require relief from the code. 3. Town Law §267-b(3)(b)(3). The variance granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the enlargement of non- conforming buildings with non -conforming uses. However, the proposed addition of 20.6 square feet to the existing structure represents a 2.8% increase in the size of the pre-existing cottage footprint. This Board, in prior decisions related to other Breezy Shores applications involving proposed increases of structure sizes of less than 3%, has deemed such increases, particularly when necessary to make interior bathroom or bedroom space more Code conforming, to be de minimus in nature. This applicant's proposed increase in structure size is necessary in order to bring the existing bedrooms up to code required legal size. The variance granted herein for relief from Section 280-1 16(B) for a 72 feet bulkhead setback where 75 feet is required by Code is not mathematically substantial, representing approximately 4% relief from the code. 4. Town Law 11267-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 since 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. However. to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations 10 continue the safe use of the structure, the need for variance relief is not self-created. face : 01 - - :\pnl 17. 2014 LHA;670a- Rrem, Shores Comm . Inc SCI \1#1000-53-5-12.6 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 additions and alterations to the seasonal cottage, including Code compliant bedroom dimensions, 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 Horning, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variances as applied for, and shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and the drawings, titled Site Plan (Flotteron) dated 10/30/2013, Ground Floor dated Mar. 24, 2014 and Flotteron Residence dated Mar. 24, 2014 all prepared by Robert I. Brown Architect, P.C., subject to the following conditions; CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA, except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision 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 minintis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider; Horning, Goehringer, Dantes. This Resolution was duly adopted (5-0). c Leslie Kanes Weisman, Chairperson Approved for filing / _)� /2014 BOARD MEMBERS Leslie Kane,,Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoIdtown.northfork.net fi Southold Town hall 53095 Main Road • P.O. Box 1 179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1 1971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDILNGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17, 2014 ZBA FILE: 6704 NAME OF APPLICANT: Breezy Shores Community Inc. Cottage #7 (Steven Flotteron) CTM 1000-53-5-12.6 PROPERTY LOCATION: 65490 Main Road, (aka Sage Blvd.) (adj. to Shelter Island Sound), Southold, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls tinder 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 November 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 Nov. 26, 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/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non -conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed, they were rented as seasonal cottages. In 2000 a real estate cooperative, Breezy Shores Community, Inc., was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 7 and is owned by Steven Flotteron. The cottage, with proposed improvements, is shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and the site plan drawings by Robert 1. Brown Architect, P.C., dated March 24, 2014. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspectors October 31, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existinl- seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such buildingo is changed to a conformim-1 use. 2) less than the code required bulkhead setback of 75 feet. Parc 2 0( \pnl 17. 2014 Z13 A#6703- Breezy Shores Comm . Inc SC IA141000-51-;-12-6 RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage when such changes to a nonconforming structure containing a nonconforming use are not allowed by Code, and a second variance for a 72 feet setback from the bulkhead. where 75 feet is required. AMENDED APPLICATION: During the Dec. 5, 2013 hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on March 26, 2014 submitted a revised plan that reduced the size of the proposed non -conforming additions and alteration, bringing the plan into more conformity with the codes. Several letters of support were received. The Board of the Breezy Shores Community is in support of the proposal. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 5, 2013, on February 6, 2014, and on April 3, 2014, 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 snakes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands, and it is sufficiently removed from other adjacent neighborhood properties so that no adjacent property owners will be adversely impacted by the proposed structural improvements to seasonally occupied Cottage #7. The additions will be limited to a 2.8% increase in the size of the existing structure. All 28 seasonal cottages on the subject property have been in existence since the early 1900's, when they were constructed for workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed and then stopped, the cottages were rented to seasonal guests. The adjacent waterfront cottages have similar, pre-existing, non- conforming bulkhead setbacks. 2. Town Law §267-b(3)(b)(2). The benefit sought by [lie applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non -conforming use. The cottage also has a pre-existing non -conforming bulkhead setback of 72 feet. As a consequence of the non -conforming features any proposed additions and alterations will require relief from the code. 3. Town Law $267-b(3)(b)(3). The variance granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the enlargement of non- conforming buildings with non -conforming uses. However, the proposed addition of 20.6 square feet to the existing structure represents a 2.8% increase in the size of the pre-existing cottage footprint. This Board, in prior decisions related to other Breezy Shores applications involving proposed increases of structure sizes of less than 3%, has deemed such increases, particularly when necessary to snake interior bathroom or bedroom space more Code conforming, to be de minimus in nature. This applicant's proposed increase in structure size is necessary in order to bring the existing bedrooms up to code required legal size. The variance granted herein for relief from Section 280-1 16(B) for a 72 feet bulkhead setback where 75 feet is required by Code is not mathematically substantial, representing approximately 4% relief from the code. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community \N III 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 Lai% X267-b(3)(b)(5). The difficulty has been self-created since the applicant purchased the parcel after the Toning 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. However, to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure, the need for variance relief is not self-created. Pagc 3 of 3 - :April 17. 2014 /HA46704- 13reezv Shores Comm . Inc SCJ \141000-53-5-12.6 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 additions and alterations to the seasonal cottage, including Code compliant bedroom dimensions, 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 Horning, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variances as applied for, and shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and the drawings, titled Site Plan (Flotteron) dated 10/30/2013, Ground Floor dated Mar. 24, 2014 and Flotteron Residence dated Mar. 24, 2014 all prepared by Robert I. Brown Architect, P.C., subject to the following conditions; CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA, except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision 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 minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted (5-0). c )06 eel . Leslie Kanes Weisman, Chairperson Approved for filing [� / _')� /2014 ��,,P� WE," 6A -Z A 940 4!0 BOARD MEMBERS Leslie Kanc,, Weisman, Chairperson Eric Dances Gerard P. Goehringer George Horning Kenneth Schneider E C.._ 7ne,nPs APR 2 5 2014 http://southoldtown.northfork.net iH_ Southold Town I Tall 53095 Main Road • P.O. Box 1 179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1 1971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 L BOdn:11 % J - FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17, 2014 ZBA FILE: 6704 NAME OF APPLICANT: Breezy Shores Community Inc. Cottage #7 (Steven Flotteron) CTM 1000-53-5-12.6 PROPERTY LOCATION: 65490 Main Road, (aka Sage Blvd.) (adj. to Shelter Island Sound), Southold, 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 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 November 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 Nov. 26, 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/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non -conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed, they were rented as seasonal cottages. In 2000 a real estate cooperative, Breezy Shores Community, Inc., was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 7 and is owned by Steven Flotteron. The cottage, with proposed improvements, is shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30. 2010, and the site plan drawings by Robert 1. Brown Architect, P.C., dated March 24, 2014. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspectors October 31, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at, 1) a nonconforming building containing a nonconforming use shall not be enlarecd. reconstructed. structurally altered or moved. unless such building is changed to a conforming use. 2) less than the code required bulkhead setback of 75 feet. 8'-2 1/2" I:I 1�1 7'-0" I I REMOVE EXISTING CIELING III IN THIS AREA. REPAIR & PAINT EXPOSED STRUCTURE. w ox Li REMOVE CLOSET � NEW 2'6" WIDE o o I I REMOVE uj RELOCATE DOORS EXISTING ELEC. WALLS. I I FAgEI=-- —1--- — ---- — ADDITIONAL 20.6 S.F. RELOCATE EXISTING WINDOW TO CENTER OF WALL NOTES: 11 co OUNTE REFRIG. Z EXISTING S.F. (ENCLOSED) 680.8 SF m u EXISTING S.F. (DECK) 37.8 HOT WATER HEATER SF o TO BE RELOCATED IN BATHROOM STORAGE AREA ABOVE TOTAL EXISTING 718.6 SF O (� PROPOSED ADDITIONS EXTEND 0j BATHROOM BEDROOMS: ENCLOSE N ROOF OVER 20.6 SF EXISTING ENCLOSED DECK PORCH. °' TOTAL NEW CONSTRUCTION 20.6 (2) NEW 24" SQ. SF REMOVE WINDOWS AS SHOWN PERCENTAGE OF INCREASE EXISTING � 2.8% WALL.. I I ol,NEW 2"x4" v1114Q I----TUD NEW TOTAL REMOVE I 3 0' LS. 739.2 SF CLOSET I FILL I CREATE 6" o OPENING NEW OPENING 46 S.F. NO CHANGE IN ROOF LINE Q STRUCTURE TO BE RAISED APPROX. 24" RELOCATE WINDOW AS ° INDICATED 0PROPOSED HEIGHT GRADE TO ROOF T 3 0 RIDGE: APPROX. 16'-6". W z� NEW STEPS TO EXTEND APPROX. 4'-0" CLOSER TO WATER (MIN. AS REQUIRED REMOVE EXISTINGCIELING BY CODE) CO IN THIS AREA. REPAIR & PAINT EXPOSED STRUCTURE. ALL NEW EXTERIOR MATERIALS SHALL MATCH EXISTING 4'-6" G R O U N D SCALE: 1/4"=l' -O" EXISTING EXCEPT AS NOTED GROUND FLOOR EXISTING EXCEPT AS NOTED. a'" 4- 3� 0 S F L 0 0 R 7HE k0 f 7 -4 {` J CE ROBERT I. BROWN ARCHITECT, P. C. W/ FAIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENPORT, N.Y. 11944 631-477-9752 (Fax) 631-477-0973 FLOTTERON RESIDENCE MAR. 24, 2014 0 E L E V A T 1 0 N S. WEST WATER SIDE SCALE: 1/4"=1'-0" AREA OF EXTENDED ROOM HILEEM] E L E V A T I O N N .EAST SCALE: 1/4"=l'—O" IO ROBERT I. BROWN ARCHITECT, P.C. W/ FAIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENPORT, N.Y. 11944 631-477-9752 (Fax) 631-477-0973 FLOTTERON MAR. 24, 2014 I L ]EC BOX ELECTRICAL BOX TO BE RELOCATED. LOCATION TO BE DETERMINED IN FIELD slulmis 18101210 loin Imil mislolmlsfulalminfolull Elul olm loin I Elm alm 1:41:2: efulmisfulm loin loin Iola slufalm loin miniolm I Elm, Elminfulml mini Elm I Rim loin I min MIN l IMA• lll III! N. WEST SCALE: 1/4"=l'—O" E L E V A T 1 0 N S.EAST SCALE: 1//4"=l'—O" NEWXDORMER ETT IL--Lil �ENCLQSE EXISTING PORCH AREA OF EXTENDED ROOM 1 4 NEW DECK AND STEPS (2"x8"P.T. @16"O.C.) WITH DECKING TO MATCH EXISTING. PROVIDE NEW GUTTERS (TYP) w w tg cl. L) ROBERT I. BROWN ARCHITECT, P.C. W/ FAIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENPORT, N.Y. 11944 '531-477-9752 (Fox) 631-477-0973 FLOTTERON MAR. 24, 2014 CD EXISTING STRUCTURE ON NEW FOUNDATION EXCEPT AS INDICATED. PROPOSED FLOOR - ELEVATION 9.0' EXISTING AVERAGE GR -AGE 5.5' I PERIMETER PIERS TO BE BRICK CLAD REINFORCED CONC. BLOCK TOTAL 24" (SO.. 8"x8" P.T. {.REPLACE 8"x8" P.T. GIRDER. I EXISTING GIRDER. GIRDER WITH GIRDER. T NEW JOIST TO MATCH EXISTING 8"TH, REINFORCED POURED 0 8 (WITH 6/6x 110/10 W.W.M. GALVANIZED). 16" SQ. EVREINFORCED CONC. BLOCK PIER ON MONOLITHIC 8"TH. SLAB. B 8"TH. REINFORCED POURED CONC. SLAB (WITH 6/6 x 10/10 W.W.M. GALV I NIZED). I N C, S 3'-2" y 4'-6" L F 0 U N D A T 1 0 N SCALE: 1/4"=l'-0" ROBERT I. BROWN ARCHITECT, P.C. W/ FAIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENPORT, N.Y. 11944 631-477-9752 (Fax) 631-477-0973 FLOTTERON RESIDENCE MAR. 24, 2014 P ` `OF THE i psora, THE P , t r fi•'..TER ANY f04-11ZED :-E 4 r. I' ACCORD-A!`10EcIr S3 0,7 �L07TE R 0 ¢3 @ 1a6 RE SJD ENCS o� .39 4 Tg r. T'D W DRYWELL \ ' IAX 3'6"D. ? S� VC S c 6 4S SITE PLAN F, l� '- BASED ON SURVEY BY YOUNG AND YOUNG SURVEYORS FOR ' BREEZY SHORES COMMUNI Y SCTM NO, 1000-53-05-12.6,/ ZC. .1.9 DEC. 30, 2b1'Q 1" = 30' a'6� FFa�-V DRAINAGE CALCULATION: 739 SF x 1 x 0.17 = 125.6 CF PROVIDE (1) 8'DIA x 3'6"D DRYWELL (147.8 CF CAPACITY) TIELINE ALONG APPROX. HIGH a2 r `�` (� Q ROBERT I. BROWN ARCHITECT, P.C. " m WATER MARK n / 62 W/ FAIRWEATHER DESIGN ASSOCIATES, INC. GREENPOR SN 1 �^ 1� 631-477-9752 0x)"637-477=6973 FLOTTERON oec � i a MAR. 24, 2014