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HomeMy WebLinkAbout1000-33.-1-15r OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date August 21, 2014 Re: Coastal Consistency Review for ZBA File Ref. ELIZABETH SADIK #6787 SCTM# 1000--33-1-15 ELIZABETH SADIK #6787 - Request for Variances from Article XXIII Section 280-124, Article XXII Section 280-116 and Article III Section 280-15 and the Building Inspector's July 30, 2013, renewed May 23, 2014, July 30, 2014, Amended August 8, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling and "as built" accessory shed, at; 1) less than the code required side yard setback of 15 feet, 2) more than the code permitted lot coverage of 20%, 3) less than the code required bluff setback of 100 feet, 4) Accessory shed in location other than the code required rear or front yard on waterfront property, located at: 2300 Sound Drive (adj. to Long Island Sound) Greenport, NY. SCTM#1000-33-1-15 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 actions are INCONSISTENT with the below denoted Policy Standards and therefore are INCONSISTENT with the LWRP. The "as built" accessory shed was constructed without Zoning Board of Appeals review, however, all proposed development should be evaluated in consideration of the past conditions placed on the property. As indicated below, a past Zoning Board of Appeals decision prohibits construction to "not closer than 65' from the top of bluff'. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water -dependent uses in coastal hazard areas. Locate new development which is not water -dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The Zoning Board of Appeals granted a variance (Appeal No 3502) in 1986 that conditioned that all construction "shall be permitted not closer than 65' from the top of bluff' (see figure 1 below). The proposed action does not comply with the decision. n%"-v1u 111ecne y Mr. Douglass, it was RESOLVED, that a Variance for permission to locate new single-family dwelling construction, together with all future deck and pool areas, within 100 feet of the top of, bank along the tong Island Sound, BE'AND'HEREBY IS APPROVE in the Matter of the Application' oGREGORY PULARI.- Appea No. 3502, SUBJECT TO THE FOLLOWING CONDITIONS: I. That all construction (new dwelling, attached decks, pool areas, etc.) shall be permitted not closer than 65 feet from the top of bluff; 2. There shall be no disturbance of land area within 50 feet of the top of bank, except for maintenance of vegetation, shrubs, etc. 3. There shall be no fill or materials deposited over the bluff .face. Vote of the Board: 3 4 i 177 M a es: Messrs. Goehringer, Doyen, er Grigonis was absent..) This THE SOUTHOLD TOWN CLEM DATE 6111 &6 HOUR a:%°/9ERARD P. tet" GOEARI.NGER, fCHArWWAV— August 13, 1986 f Figure 1. 1986 Zoning Board of Appeals Decision. The Coastal Erosion Hazard area line is not shown on the survey. Aerial analysis shows that the bluff surface is heavily vegetated and relatively stable at this time, however, with consideration of the recent intensity of storm events that have caused the Town's shoreline to experience severe erosion (even when hardened). Figures 2 and 3 below show the subject parcel. GIS Viewer UjpLayers e t f Larel'hs-Wl 0 9 Data Layets r Q M TRANSPORTAt1Ly1 i? 5 5q9 !" Q M JURImcn-oll o El HEALTH&S*ETY 0 L0 04RASTRUCTURE O M ELEVATiCNi O W ENNRONMEMAL � D £� #stet Cutle05 i O Recharge0as+ns C 11 SLOSH +T 4 Q sX Frasrtwides YtetsxtCS i O44c+ ix d 8J2SJR)14 till pm i Q. T12014 8251. 014 .p q w- o r N, . 0Z q 0 IV ° s ; ,+> , } 1 CM, 2014 Google �., " •-,�► Goo$le eart It is recommended that the proposed construction be modified and/or re -located to comply with ZBA decision 3502 conditions and maximize the distance from the Coastal Erosion Hazard Area. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action Cc: Stephen Kiely,.Assistant Town Attorney FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL _._ - Bennett n erprises SadkJ -__ Po Box 386 Wading River, NY 11792 DATE: July 30, 2013 _.--RENEWED:-May 23; 2014------- RENEWED: July 30, 2014 Please take notice that your application dated July 24, 2013 For permit to construct additions and alterations to an existing single family dwelling and construction of an "as built" shed at Location of property 2300 Sound Drive Greenport, NY County Tax Map No. 1000 —Section 33 Block 1 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non -conforming 32,006 square foot parcel in the R-40 District is not permitted pursuant to Article XXIII, Section 280-124 which states that on lots measuring between 20,000 and 39,999 ware feet in total size a minimum side yard setback of 15 feet is required. The proposed construction notes a side yard setback of 5 feet. In addition, the proposed construction is not permitted pursuant to Article XXII Section 280-116 which states; "All buildings located on lots adiacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the ton of such bluff or bank." Following the proposed construction, the dwelling will be setback 41 feet from the top of the bluff. The "as built" shed is not permitted pursuant to Article IV Section 280-19, which states; "Accessory buildings shall be subiect to the same requirements as 280-15 of the Agricultural Conservation District," which states; "In the Agricultural Conservation District and Low -Density Residential R-80, R-120, R-200 and R- 400 400 Districts accessory buildings and structures or other accessory uses shall be located in the required rear yard." vith this application, there is an "as built" shed located in the side yard of the Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Fee: S Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 2 3 0 0 Street Sound Drive Hamlet Greenport R=40 -----_____.-------- I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED July 3 0, 2 013 BASED ON SURVEY/SITE PLAN DATED 6 / 2 4 / 13 Applicant(s)/Owner(s): Mailing Address: Elizabeth Sadik 2300 Sound Drive, Greenport Telephone: 917 - 9 6 9- 3 3 4 9Fax: Email: elizabethsdkl@aol.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Bennett Enterprises Jodi iglio Name of Representative: for �) owner ( )Other: Address: PO Box 386, Wading River, NY 11792 631-445-5907 Telephone: Fax: Email: jodigiglio@optonline.net Please check to specify who you wish correspondence to be mailed to, from the above names. ( ) Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED6/24/13 and DENIED AN APPLICATION DATED 7/30/13 FOR: ( ) Building Permit ( ) Certificate of Occupancy () Pre -Certificate of Occupancy ( ) Change of Use ( ) Permit for As -Built Construction () Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: XIII Section: 280 Subsection: 116 Type of Appeal. An Appeal is made for: kX) A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section () Reversal or Other A prior appeal (0 has, ffhas not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). i q S(,, . (Please be sure to research before completing this question or call our office for assistance) Name of Owner:,- 5 4 U /: ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: Due to the topography of the property, the proposed pool and deck location would eliminate the removal of material and regrading of the p.._roperty._ The shedis existing in a_,dezi- abl-e.__.l-ocat-i.on—aoees -ib-l-(-.tn__the_ garage and side door. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pur,sue, other than an area variancr., because: The countours on tie property and the existing location of top of bluff 3. The amount of relief requested is not substantial because: The proposed pool and deck is in a location away from the bluff and would require the least amount of disturbance near the crest of the bluff. A shed in the rear yard would put it closer to the bluff requiring a variance. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: A pool, deck and shed is a common amenity that some surrounding homes have. There aren't any negative environmental conditions for the proposed locations. 5. Has the alleged difficulty been self created? { } yes, or { } No Wh : No, any placement of a pool deck or she on this parcel would require a variance. Are there any Covenants or Restrictions concerning this land? :NNo { ) Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Swo o before me this a7 day of ✓ 201S v - Signature Applicant or Authorized Agent (Agent mu s mit written Authorization from Owner) JENNIFER OSS Notary Public, State of New York No. 01 OS5036413 Qualified in Nassau N C 28 2014 Commission Exp APPLICANT'S PROJECT DESCRIPTION APPLICANT: Elizabeth Sadik DATEPREPARED: 7/30/13 1. For Demolition of Existing Building Areas Please describe areas being removed: n/a ---------------- :--New-C-ctnstruction--Areas- f New Dwetfing or New-AddttiunstEztensions Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) n/a (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2000 Proposed increase of building coverage: 10 0 0 Square footage of your lot: 32,006 Percentage of coverage of your lot by building area: 9.-5% V. Purpose of New Construction: pool and shed VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): slopes in front yard and rear yard Please.submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 1\ 1 1 /1 Site Plan `1 —'— 2I x.r: i •- 2ao• S yV v 5�15� S PROPOSED WOOD DECKS & POOL n.— — — — — — — — — — — -i Rear Elevation anth n Proposed Decks and Pool Detail; Raised Wood Deck, Scar: r.• -. � �a ft r.• - W z D.PL m& 2nd Floor Deck, Typical I I A-1 6-- a -J3 3,3 J- -`2 y US FOR PCL. NO. I SEE SEC. NO. I`},I 0321 1 TOWN OF SOUTHOID O 3 e e 35.3 1e��le) 2.3A(e) I 33 NW 4 g op 1 ♦ S eR TOWNOF SOUTIOLD alPemo °^ _ E � _ maR _ N-- McTtNMRR NOTICE A&ANTE"ANCE• A`TEMR'°" LNUae 013TRlevraNOFANr PORTION OF THE SUFFOI COUNTY TM AUP1s PROHISITEO WTHOUT WRITTEN PERWSSg OF TNE REN. PROPERTY TAK SERVICEAGENCY >°" COUNTY OF SUFFOLK © Real Property Tax Service Agency � County Center Riverhead, N Y 11901 AL SC&E WEET. t0a A0° ;�FsY K E M A P 130 o3s 037 034 A 1 TOWN OF SOUTHOLD o. 033 "LLAOE OF e U It, ,qtan eona ../• ma +q. O(,4 0331 ' (tae ,q 4�>` e�y +e' ?7 ,5 on mTl KN tM /i Pq tot cm t+e � M • .r ° 5 na � N 1e to a �" � • re � 19 P /e � ,6 6 tNm M ,e' nal M 4 O to '� M P 3 i 1 � , 00 'p1 n, w O Fw �,, g "s to c +°1� �, mn nR Tel In tr ,0. it Vol t2Alc1 t.tAlO) rFA 5 O PON ^ G cm g © 1N�� 32 ""' ►e ,p +e�y P " wim°aiD tj in Tm 5 m, Y tw t, +'t sa !� ► Mn 1 O `L 1e tlml +3 vt 'mow _ 10 on n-, nw nq FOR Fcti No 3 A +e +° i ee lop 4 tR, 6 1 Pt i 0 1 w0@�.i w 2 t oNc) $ a Ty �"+ Pq +° ��(� P ,1' a ISN ePA%E1 � UNE w FR) ''� 1 .v or, . TOWNOF SOUTIOLD alPemo °^ _ E � _ maR _ N-- McTtNMRR NOTICE A&ANTE"ANCE• A`TEMR'°" LNUae 013TRlevraNOFANr PORTION OF THE SUFFOI COUNTY TM AUP1s PROHISITEO WTHOUT WRITTEN PERWSSg OF TNE REN. PROPERTY TAK SERVICEAGENCY >°" COUNTY OF SUFFOLK © Real Property Tax Service Agency � County Center Riverhead, N Y 11901 AL SC&E WEET. t0a A0° ;�FsY K E M A P 130 o3s 037 034 A 1 TOWN OF SOUTHOLD SECTION NO 033 "LLAOE OF OIST,RCTNO 1000 PROPERTY MAP CONVERSION WE AM 15.2011 0 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider pF SOUr�o O @yCOUNTY,� 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 August 1, 2014 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6787 - Sadik Dear Mr. Terry: r lti J AUra 01 2u14 We have received an application for additions and alterations to existing dwelling and construction of an "as built" shed in Greenport. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. S.C.T.M. NO. DISTRICT: 1000 SECTION: 33 BLOCK: 1 LOT(S): 15 LPT COVERAGE: EXISTING HOUSE W/DECKS: 2,287 S.F. STAIRS FOFFFRRR BEACH ACCESS: 368 S.F. CONC/BRIK DRIVEWAY. 1,030 S.F. SHED: 102 S.F. TOTAL COVERAGE: 3,787 S.F. or 13.56X i PR POSED COVERAGE: p PROPOSED SWIMMIN POOL, DECK & BALCONY: 1,960 S.F. r1 PROPOSED DECK & SHED AT BLUFF: 177 S.F. O PROPOSED !ADDITIONAL COVERAGE: 2,137 S.F. or 7.65X TOTAL PROPOSED COVERAGE: 5,924 S.F. or 21.21X REVISED 07-07-14 REVISED 09-11-13 REVISED 06-24-13 REVISED 04-18-13 REVISED 07-26-12 ADD TOPOGRAPHY 08-16-11 AREA: 27,926.02 S.F. 0 UNAUTHORIZED ALTERATION OR � MAP NOT BEARING TH£ LAND SU ONLY TO THE PERSON FOR WHOA LISTED HEREON, AND TO THE AS THE OFFSETS OR DIMENSIONS SH NOT INTENDED TO MONUMENT TH AND/OR SUBSURFACE STRUCiURI SURVEY OF: LOT 117 MAP OF: EASTERN SHORES FILED: MARCH 7, 1966 SITUATED AT: GREENPORT TOWN OF: SOUTHOLD SUFFOLK COUNTY, NEW Y( 0.64 ACRES LONG ISLAND SOUND MA 42.67, S5r2510,1,7 MW 0.5-5 S66.34'48"W 58.49' SOUND (5o') THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. ELEVATION DATUM: ------------------------- ID177ON TO THIS SURVEY IS A WOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY VEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 77TLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITU77ON GN£ES OF THE LENDING INS777UTION, GUARANTEES ARE NOT TRANSFERABLE. NN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY GREENPORT SECTION HOUR RK FILE # X70 SCALE: 1"=30' DATE: JULY 15, 2011 CERTIFIED TO: ELIZABETH SADIK; KENNETH M WOYCHUK LAND SURVEYING, PLLC Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 PHONE (831)298-1588 FAX (831) 298-1588 N. Y. S. M NO. 050882 maintaining the records of Robert J. Hennessy k K4ft W. Noychuk