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HomeMy WebLinkAbout1000-106.-1-26 OFFICE LOCATION: ®�*®f„S® y®l MAILING ADDRESS: Town Hall Annex ® P.O. Box 1179 54375 State Route 25 Or, y Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) res �`° •. + �e Southold, NY 11971 `'�� Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Date September 20, 2017 Re: Coastal Consistency Review for ZBA File Ref BARRY D. BARTH #7095 SCTM#1000-106-1-26 BARRY D. BARTH #7095 — Request for a Variance under Article XXII, Section 280-116 and the Building Inspector's June 1, 2017, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at: 1) located less than the code required 100 feet from the top of the bluff; at: 2040 Central Drive, (Adj. to Long Island Sound) Mattituck, NY. SCTM#1000-106-1-26. 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 action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. 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: William Duffy, Town Attorney r BOARD MEMBERSSouthold Town Hall ®�QF SOV�iyl 53095 Main Road•P.O.Box 1179 Leslie Kanes Weisman,Chairperson � Q - O Southold,NY 11971-0959 Patricia Acamporac Office Location: Eric Dantes 'Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® a� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoC®UNTI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 July 5, 2017 Mark Terry, Principal Planner 00 D E C _ p� E LWRP•Coordinator U Planning Board Office JUL ® 5,2017 Town of Southold Town Hall Annex Southold Town Southold,NY 11971 Planning Board Re: ZBA File Ref. No. #7095 —Barth, Barry D: Dear Mr. Terry: We have received an application for additions/alterations in Mattituck. 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 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encls. FORM NO. 3 oil TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: June 1, 2017 TO: Barry D. Barth 2040 Central Drive Mattituck,NY 11952 Please take notice that your application dated May 26, 2017 For a permit to construct additions and alterations to an existing single family dwelling at Location of property 2040 Central Drive, Mattituck, NY County Tax Map No. 1000- Section 106 Block 1 Lot 26 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-116 which states; "All buildings located on lots adjacent 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 top of such bluff or bank." The proposed construction notes a setback of 89.4 feet from the top of bluff, at its closest point. Authorized Signature pplicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.2040 Street Central Drive Hirt Mattituck SCTM 1000 Section 106 Block 1 Lots) 26 Lot Size 1.31 acres Zone Res. I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 1,2017 BASED ON SURVEY/SITE PLAN DATED May 15,2017 Owner(s): Barry D.Barth Mailing Address: 2040 Central Drive Mattituck,New York 11952 Telephone: 631298 1623 Fag: Email: Judithjoyj@netscape.net 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 perison who agent represents: Name of Representative: for( )Owner( )Other: Address: Telephone: Fax., —Email: Please check to specify who you wish correspondence tobe mailed to,from the above names: (x)Applicant/Owner(s), ( )Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE,PLAN DATED May 15,2017 and DENIED AN APPLICATION DATED May 2x,2017 FOR: (,d 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,sectio.,subsection of zoning Ordinance by numbers.Do not quote the code.) Article: XXII Section:2BO-116 Subsection: Type of Appeal. An Appeal is made for. (�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 appealas, ,leas not been made it any time with respect to this property,UNDER Appeal No(s). Year(s). /Q .(Pleas be sure to mearch before completing this question or call our gfftce for assistance) Name of Owner ZBA File# REASONS FOR APPEAL(Please be specific,additional sheets maybe 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: The proposed addition is similiar in character and architecture to existing residence 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: The proposed addition infringes on to the bluff line by only 10.6 feet and is behind a block and stone retaining wall. 3.The amount of relief requested isnot substantial because: The propsed addition infringes on to the bluff line by 10.6 feet,and only in one comer of the addition 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed addition will not have any physical or environmental impact as it is proposed on the portion of my property that is currently asphalt driveway 5.Has the alleged difficulty been self-created? I )Yes,or,I j No. Why. Are there any Covenants or Restrictions concerning this land? W No {} Yes(please finish a copy) This is the hffNW M 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. v Signatureppiicant,or Authorized Agent /� (Agent mast mit written Authorization fmm Owner) Swom to before me this fo day Of jutY z_ 20j_-L_. AJII-� 9 4 Notary Public E AA.LOCKE C,STATEOF NEW YORK n No.01LO6057960 in Suffo&Comty )]Vines Apr-30;20 APPLICANT'S PROJECT DESCRIPTION APPLICANT: Barry D. Barth DATE PREPARED: June 3,2017 1.For Demolition of Existing Buffdi_ng Areas Please describe areas being removed: II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 31.3 ft x 17ft 13 ft x 10ft deck 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. NO IM Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please.describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1 Story frame house,two bedrooms and basement level garage, approximately 1400 sq.ft. Number of Floors and Changes MTM Alterations: 1 Story frame house,two bedrooms,one 510 sq tt fiber arts studio vvith 130 sq. IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1400 sq ft Proposed increase of building coverage: 510 sq ft Square footage of your lot: 57,063.6 sq ft Percentage of coverage of your lot by building area: 3,3% V.Purpose of New Construction: The new construction will be used for a fiber arts studio (weaving and knitting) VL 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): The property is flat, bordering on LI.Sound Please submit 8 sets of photos,labeled to show different angles of yard areas after stalung corners for new construction,and photos of building area to be altered with yard view. 4/2012 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. 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 Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 106 - 1 - 26 The Application has been submitted to(check appropriate response): Town Board © Planning Dept. © Building Dept ® Board of Trustees 0 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,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: I am requesting a variance from Acticle XXII Section 280-116 which states"Allbuilding located on lots adjacent to sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred feet from the top of the bluff or bank." My proposed addition and the construction there of notes a setback of 89.4 feet from the top of the bluff i Location of action: 2040 Central Drive Mattituck NY 11252 Site acreage: 1.31 Present land use: Single family dwelling Present zoning classification: Residential 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: Bary D. Barth (b) Mailing address: 2040 Central Drive Mattituck, NY 11952 (c) Telephone number:Area Code( ) 631 298 1623 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? 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 mi>limizes adverse effects of development. See LWRP Section III—Policies;Page 2 for evaluation crifgria. ❑Yes ❑ No JA 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—Policies Pages 3 through 6 for evaluation criteria © 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 ® Not Applicable Yes © No 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 Yes © No 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 —Pglicies Pages 16 through 21 for evaluation criteria Yes © No M Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Sig Mcant Coastal Fish and Wddhfe Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. © Yes ©No® Not Applicable Attagh 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 Attaph additional sheets if necessary Poky 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous subptances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes ❑ No M 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. y� © YeD 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 r 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. q Yes ❑ No D Not Applicable Attach additional sheets if necessary Poliev 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 Trough 65 for evaluation criteria. ❑Yes ❑ No P-Uj-�' Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LMW Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No Not Applicable i Created on 512510511.20 AM �T APIOFIITHOT - ® ACr40M3 PL°GNI/I I°N ----------- ----------------------------------------------------------- ----------------------------------------------- --------- ---------------------------- ------------------ .----.-..---------.---------------------------- n--------- .... ... TWRZe CAR PCRT �\ FRONT ELEVATION W seALtl 1/•'-r-o• Ir-e• U I...• 0 LLI Z Y M O O} s t� F Q W IZ zyF •Tb.xp I y(ppp°CECK (/) W V LIVI RCC N • QQ as - I nL N Q oN I m I 7 � Faul�ORaou :-_ L r 6[N e N _'Lt wO�tNtm°rw.1°x Lore o tntnre of A W. Wn •�N I -._— k� �IML Y W.WYy K 1IT CK C� y VK I T C r N M �! •� I LemJR°PG m m oeWOW>n t t Charles M.Thomas " }tnL,,,e a r c h i t e c t B W t 1JaJYYL ..tD➢ e t, FO 00 m t wr IHLI(LMI m•rai r-s V P FIRST FLOOR PLAN PLAN ELEVATION Luttl 1/0.9-0• •• n�nr CUMATIC AND GEOGRAPHIC DESIGN CRITERIA -- �0N rwo eaaNc Dam moo, CAICY OEMUNMAWfNAtJmAv MAL Ell 6mma0Cw tWTw EaPID REM— ... 4,'mz,�-u"i�. ^,.+m m o L ■u r xt,n '° w.lw Lr 1 \A 1 \ � a 1 \ TEST HOLE DATA (TEST HOLE DUG BY McDONALD GEOSCIENCE ON JUNE 26, 2002) G fi pg- 10.4'0. 0 DARK BROWN LOAMY SAND SM y1O�G1 p, ?,'1� l6,0, SCO 33A ���� — 100' SETBACK FROM TOP OF BLUFF 2.5' 4j 6.1 PALE BROWN FINE SAND SP -DRAIN O• 0 0 2 m� N ?• 0� 0PQ4�P EE oVN� . � PALE BROWN AND SM BROWN SILTY SAND C), TEE 23' NOEL G°OG' °F4 21, PALE BROWN FINE SAND SP1 �e�G�Q C, �n•° °\ 1 C& 29' T 1\ g $ \1 1 6 PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIA.LS. AND APPROVED AND ADOPTED C FOR SUCH USE BY RK STATE LAND 1 TITLE ASSOCIATIR� of o r o:P2' ,9 a pOt E ON F.p �� 175 64, s ' S. Lic. No. 50467 1 sibs-t 61 ` O pOUN° - UNAUT RIZED TION OR ADDITION SECTION SURVEY 7209 OF IS VIOLATION I NEWYORKSTATE CX1 11 A n O• O� CONI. MDN• Nathan Taft Corwin III EDUCATION LAW. •� ` L < Land S u r v e r COPIES OF THIS SURVEY MAP NOT BEARING 1\\ �' µNQ BOX r� •.• d • •• , •a•'• Y THE LAND SURVEYOR'S INKED SEAL OR , EMBOSSED SEAL SHALL NOT BE CONSIDEREDQ O e• G a. TO BE A VALID TRUE COPY. F°�N � C \7-7-7°2 V /SIGN °' ya • Successor To: Stanley J. Isaksen, Jr. L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN pN• 03 S SIGN pVEMENj <a ONLY TO THE PERSON FOR WHOM THE SURVEY EpGE Of Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE a1 •- � v Title Surveys — Subdivisions — Site Plans — Construction Layout TITLE COMPANY, GOVERNMENTAL AGENCY AND < Y LENDING INSTITUTION LISTED HEREON, AND a 1 \ TO THE ASSIGNEES OF THE LENDING INSTE PHONE (631)727-2090 Fox (631)727-1727 TUTION CERTIFICATIONS ARE NOT TRANSFERABLE. .• OFFICES LOCATED AT MAILING ADDRESS • . r < 1586 Main Road P.O. Box 16 THE EXISTENCE OF RIGHTS OF WAY 4 Jamesport, New York 11947 Jamesport, New York 11947 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Ul 3° ti ZZ Z moo° 0 SURVEY OF LOT 3 MAP OF CAPTAIN KID ESTATES BLOCK No. 9 FILE No. 1672 FILED JANUARY 19, 1949 SITUATED AT MATTITUCK ell, � TOWN OF SOUTHOLD � SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 106-01 -26 �, SCALE 1 "=30' DECEMBER 26, 2001 GE gyp JUNE 6, 2002 ADDED 100' SETBACK LINE JULY 8, 2002 ADDED PROPOSED ADDITIONS JULY 19, 2002 ADDED TEST HOLE & PROPOSED SEPTIC SYSTEM SEPTEMBER 23, 2004 UPDATED SURVEY & ADDED PROPOSED DECK �Q o. OCTOBER 29, 2004 ADDED PROPOSED DECK SETBACK °C3 a APRIL 22, 2005 LOCATE WOOD DECKS Q�° MAY 15, 2017 ADD PROPOSED ADDITION 925 xy AREA = 61 ,585 sq. ft. (TO TIE LINE) 1 .414 ac. i o CERTIFIED TO: % a BARRY D. BARTH O FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK COUNTRYWIDE HOME LOANS, INC. G� LOT O3 x5 - �jy 75 -g gg, _--- . -a ZEN, gpoc, Me- Won u law-, MINOR NO W, qg g .7, Revisions 06-23-96 11-21-97 • 09-03-98 l2wDB439 It 06-0500 03.16-01 1-29 0 -01 11-21-01 OB-20-02' 10-21-025; not 3 12"24.02 It 02-21-03 03.21 V 05-13-03 is o 20a 11 10 9 07-30-03 5:04-04 11-03-04 IU 22 15 16 F2--0105 (-J) lo� 18 °GEOR "t "v 2 02-0206 '14 03-03-06 04-03-06 ksul 04-07-06 24 04-20-0625 21" MIS-07 43 M50 0626-12 -tl 47 ld\ .12 pVi 71 09-20-12 5 Cb14 13 35 'n 37 21 1 ll14 22 w 23 4. 20 mM TZ Vi�—,Sz pv ggW. g"mgcl s �,168 29 27 25 Moggp t I . 'jo 5, ., neA� A � 3- 1"-z WIM ""T M Im IS, Mte AIN- 5 ON A—Z 9,il"! I all 2 4P R 207 22A 75 51 73 z sk 72 tpljo