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HomeMy WebLinkAbout1000-38.-6-14OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 OF SU�lyo� � O �y��UNTY,N� 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 To: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 14, 2014 Re: Proposed Wetland Permit for EDWARD J. FLANNIGAN SCTM# 1000-38-6-14 Fairweather & Brown Associates on behalf of EDWARD J. FLANNIGAN requests a Wetland Permit to replace existing water -side windows with new large sliding glass door and window; construct a raised 22.8' wide by 9' deep patio with open wood arbor above; and a French drain with perforated pipe to be installed along the water side of the proposed patio and connected to an existing drywell. Located: 330 South Lane, East Marion. SCTM# 38-6-14 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 action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold A. B. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 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 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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 Truste planning Departm( local libraries and the Town Clerk's office. III Il F P SP1 L. n DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# �0 -_ 6 -/ �1 The Application has been submitted to (check appropriate r wt,cc yo Town Board © Planning Dept. 0 Building Dept. 7 all 1. Category of Town of Southold agency action (check appropriate response): _ a Action undertaken directly by Town agency (a•g• capital 01.11 -1 -1 - construction, 1 ..:. -.construction, planning activity, agency regulation, land transaction) FEB - 3 2014 (b) Financial assistance (e.g. grant, loan, subsidy) - u (c) Permit, approval, license, certification: Nature and extent of action: -- ,oleo a-c-oc-- ,oe,,11-go La. t Oh -Cvn �' •off., cave r �� FAIRWEATHER DESIGN ASSOCIATES, INC. with ROBERT I. BROWN ARCHITECT, P.C. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-477-0973 Admin@Faireather-Brown.com January 15, 2014 Board of Trustees, Southold Town Re Property of Edward Flannigan Property SC tax map # 1000- 38-6-14 330 South Lane, East Marion JAN 1 7 2014 The Falnnigans wish to add a raised patio to their residence in East Marion and have been before the ZBA for this same request. The placement keeps the puts the patio 9' closer to the bulkhead than the existing residence. It will be one step down from the floor level of the house and remain only covered by an open arbor as per ZBA ruling. They are replacing existing water side windows and replacing with a large sliding door and window to better enjoy their location and view. A trench drain with perforated pipe will be installed on the water side of the proposed 22 foot long patio and convey the water landward to an existing drywell that was installed when the second story addition was added a few years ago. Thank you for your consideration of our request. Respectfully submitted, ?X44-t� Amy Martin Permit Agent Fairweather Design Associates, Inc. Robert I Brown, Architect, PC Location of action: Site acreage: , 3 A Present land use: o}iy� q /C/ -gym vfc� Present zoning classification: %Q- 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: m u hl d r fa» ez� �TA "� 54y— E/d-4-K-) (b) Mailing address: c9O 5- ,gP," (c) Telephone number: Area Code (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? YesEl No 2 If yes, which state or federal agency? WA5 DEC, &-J 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. Fj Yes [] No Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III --c-es Pages 3 through 6 for evaluation criteria R Yes © No 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 Q 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 LWRP Section III — Policies Pages 8 through 16 for evaluation criteria Ek'Yes © No © Not Applicable 9107778EX"M 09'. - Attach additional sheets if necessary Policy 5. Protect and improve water qqality and supply, in the Town, of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria 0 Yes 0No W6 t 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 LWI;.P Section III — Policies; Pages 22 through 32 for evaluation criteria. © Yes R No [g"N'ot 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. ❑ YeEl No aNot 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 ❑ Nob Not Applicable Atta¢h`additional sheets i£necessary :.Policy 12.1 Protect Agricultural lands in the Town of Southold. See t", Section III — Policies; 'Pages 62 through b5 for evaluation criteria. Yes No Not Applicable Atfach.additionat shaets ifnecessary. Polio3., Pxonpote appropriate .uses ani development of ",energy, and'�n*rai rsouf ces See r,WRP S'ectioIII — P? licies; Pa 65 through 68'i�or evaluation criteria. 0 Yes .❑ No Not Applicable . Created on 512510511:20 AM ;� Y� �'t J'r, ,. �` � -.. NY � l / r .. ���� � t �, _ 'y t_ '- - - �� il....- 9 I� ti; �. ;� � .'' �,.�, r. `� i. 1 \t Y Y r . _ f;- � � ' 6 � ��'' �, SYRyt',,y, e� �� � * � A ���� � ,... r�J _. a �,��rr'�^�. C�,� � `'.'� �.���;r.� � { st Marlor N Y 1 19 3 9 \S% New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0403 - FAX: (631) 444-0360 Website: www.dec.state.ny.us LETTER OF NON -JURISDICTION - TIDAL WETLANDS ACT December 3, 2004 Edward J. Flannigan 22 Van Wyck Lane Lloyd Harbor, NY 11743 Re: Flannigan Property 330 South Lane East Marion, NY 11939 DEC# 1-4738-03406/00001 Dear Mr. Flannigan: Am 114W Erin M. Crotty Commissioner Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: Your property, which is located landward of a functional and substantial man-made structure (a bulkhead) greater than 100' in length and constructed prior to 8/20/77, as shown on the survey prepared by Roderick Van Tuyl last revised July 9,1969, is beyond the jurisdiction of Article 25 (Tidal Wetlands). Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. it is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Sincerely, George W. Hammarth Permit Administrator cc: Amy K. Martin MHP BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Ken Schneider October 21, 2013 http://southoldtown.northfork.net Southold Town Hall 53095 Main Road -P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 Amy Martin Fairweather & Brown Mgmt. 205 Bay Avenue Greenport, NY 11944 RE: ZBA Application #6687 - Flannigan Dear Ms. Martin: Transmitted for your records is a copy of the Board's October 17, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely Vicki Toth Encl. Cc: Building Dept. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Ken Schneider http://southoldtown.northfork.net . Southold Town Hall 53095 Main Road -P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809- Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 17, 2013 ZBA FILE: 6687 NAME OF APPLICANT: Edward J. Flannigan PROPERTY LOCATION: 330 South Lane (adj. to Gardiners Bay) East Marion, NY SCTM# 1000-3 8-6-14 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 September 11, 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 September 23, 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 UAW. PROPERTY FACTS/DESCRIPTION: Subject property is located in the R40 zone district and is a non- conforming lot consisting of 13,960 buildable square feet. It is improved with a two story dwelling with attached garage and roof over porch. It has 66.06 feet of frontage on South Lane, 244.00 feet on the eastern property line, 69.93 feet on Gardiners Bay and 255.00 feet along the western property line as shown on the site plan dated 08/07/2013 prepared by Robert I. Brown, RA, BASIS OF APPLICATION• Request for Variance from Article XXII Section 280-116(B) and the Building Inspector's July 30, 2013, Amended August 7, 2013 Notice of Disapproval based on an application for building permit for a patio and pergola addition, at; 1) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance to construct a raised patio and pergola addition to the dwelling setback at 58.08 feet from the bulkhead where the code requires a setback of not less than 75 feet from the bulkhead. Page 2 of 3 October 17, 2013 ZBA#6687 — Flannigan SCTM#1000-38-6-14 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 3, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The house was constructed prior to zoning with a bulkhead setback of 64 + feet. There are four lots in the adjacent area that front on Gardner's Bay. The applicant's parcel is one of the four lots, that all average approximately 13,960 sq. ft. The subject parcel as well as the adjacent parcels have similar setbacks from the bulkhead. 2. Town Law X267-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. Since the existing dwelling is located at 64 feet from the bulkhead, any addition to the seaward side of the dwelling will require a variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 23% relief from the code. However, the addition of the raised patio with pergola over will not be visible from the road. Adjoining properties have similar bulkhead setbacks. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will not 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. S. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. The grant of this variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new addition to the dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Horning, and duly carried, to GRANT, as applied for, as shown on the site plan dated 08/07/2013 and on the plan labeled section dated 07/01/2013 prepared by Robert I. Brown, RA. 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. Page 3 of 3 October 17, 2013 ZBA#6687 — Flannigan SCTM#1000-38-6-14 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, Dantes. (Absent was: Member Goehringer) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, thairperson Approved for filing Id // /2013 m a0 Tn� fO3� Y a N } rl C,cna.y x�0 \ JILZ xlu \ \ N x O xAU Aa 112 R xlu Ja4. 0 SURVEY OF PROPERTY SITUATE EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-38-06-14 SCALE 1 "=20' DECEMBER 5, 2012 AREA = 14,995 sq. f1. (TO TIE LINE) 0.344 ac. NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:.mD F.FL - MST FLOOR GIL - GARAGE FLOOR 78 - TOP OF SULxHEAD 10 - BOTTOM OF BULKHEAD Te - TOP OF MALL W - BOTTOM OF WALL ill ILE, DEC 2 8 2012 UNAU7HON2Ep ALTERAnON DR ADDRION TO T7e3 SUNVEY ISA V10lA7gN OF SECTION 7208 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY YAP NOT BEARING THE LAND 9URVEYOR'9 NNED SEAL OR E11BG88ED L7.1L SHALL NOT BE CONSIDERED TO BE A VALID 7811E CCW. CEffnFV7 N3 INOIG7ID IEREON SHALL RUN ONLY TD THE PFA90N FOR WHOM THE SURVEY s ND ON HIS BOLALF To THE .M.10.1. OOVE7NMEMTAL AGENCY AID LENDING INSITPUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING I11811- TUION. CERTIFICATIONS ARE M07 TRANSFERABLE THE E)aSTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, F ANY. NOT SHOWN ARE NOT GUARANTEED. Nathan Taft Corwin 111 Land Surveyor Successor TO: Stanley J, haksen, Jr. L.S. Joseph A Irpeg. LS. rifle Surveys — SuOdNieions — Site Plans — Construction layout PHONE (831)727-2090 Fox (631)727-1727 OFFICES LOCATED AT M,NUNG ADDRESS 1586 Main RoadP.O. Box 16 Jamaport, New York 11947 Jamespmt, New York 11947 LOT COVERAGE LOT AREA: 13,950 t).f. "TO [3[j[.KI-iFAD) EXISTING 51-RUCTURES: 1,5D34 S.P. I i IT/c, NEW STRUCTURES: 249 5. ff -ro-rA[- Ppopo,'.-)FF) I. _0-1- COVE -RAGE: 1,763 5.F. 12.6% rU 0 N A 5 0 100'11-0 I3LJLKI-1ffAD LPROP PATIO �� FEKGO// nPAltl WITI-4 SURVEYED LJA,ND FOR WILLIAM IV *- NADA K. BEHR 51TUATE AT CAST MARION I -OWN Of 50UTHOLD, N.Y. SURVEYED BY VAN TUYL * 5ON JULY 9, 1 969 AND 511...1 0 5 S) ff KV Al'! 0 N BY 'T 11 E ARCHITECT S KCHITF-Cl- 5 PLAN E C -F If JAN 1 7 2014 1 Rnmnl - r- I'LANNIGAN KE51DENCE- FROF05ED PATIO AND F)EKGOLA P,rL--V. 0 1 - 15-2014 ROBERT 1. BROWN ARCHITECT, P.C. I'AIRWEATHER DESIGN A550CIATES, INC. 205 BAY AVF--lNUF-, G K E� llf--- N P 0 RT , N.Y. 11 1944 63 1-477-9752 01 --ax) G31 -477-09/73 EXISTING ROOF FLOOR CEDAR 2"x8" @24" O.C. (2) 2"x8" CEDAR NEW NANNA WALL 58'-0" 1 3/4" STONE TO BULKHEAD N 1 El I El z_ STEP DOWN. 2"x 12" @ I G" O.C. R-38 2"xG" FRAME WALL, FURROUT TO 7" (WIDTH OF BEAM). BEAM TO SIT ON EXISTING PLATE BUILDUP STUDS IN WALL BELOW FOR FULL SUPPORT --\ 12 2 r -- Eb(15TING FOUNDATION SECTION AA SCALE: 1/4"=1'0" A I Nrw TO OMATCHEXISTINGOK ` 2"x4" COLLAR TIES EXISTING FLOOR S N RE I=LANNIGAN RESIDENCE PROP05ED PATIO AND PERGOLA 01/15/2014 ROBERT I. BROWN ARCHITECT, P.C. W/ FAIRWEATHER DE51GN A550CIATE5, INC. 205 BAY AVENUE GREENPORT, N.Y. 1 1944 G31-477-9752 (Fax) G3 1-477-0973 1 I FLAN N (GAN 01/I 0/2014 FAIRWEATHER-BROWN DESIGN ASSOCIATES,INC. 205 BAY AVENUE GREENPORT, N.Y. 1 1944 G3 1-477-9752 (Fax) G3 1-477-0973 STING WALL !DOWS :A4000E STING WINDOWS) I