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Home My WebLink About7340 BOARD MEMBERS ®��®F S®(/PSouthold Town Hall Leslie Kanes Weisman,Chairperson Q 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ® �� Town Annex/First Floor, Robert Lehnert,Jr. l 54375 Main Road(at Youngs Avenue) Nicholas Planamento �C®U �� R E EOV, ® "V http://southoldtownny.gov $C -� 0 m2' 1-1T gy°"p, � ZONING BOARD OF APPEALS DEC 2 6 2019 19 TOWN OF SOUTHOLD a Tel.(631)765-1809•Fax(631)765-9064 Sout old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINA MEETING OF DECEMBER 19, 2019 ZBA FILE: #7340 NAME OF APPLICANT: Tracy Peck and David Corbett PROPERTY LOCATION: 1305 Sigsbee Road,Mattituck,NY SCTM: 1000-144-2-6 SEQRA 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 July 22, 2019 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 14,000 square feet, .321-acre parcel located in the R-40 Zoning District. The property measures 100.00 feet to the westerly property line along Sigsbee Road, 140.00 feet to the northerly properly line, 100.00 feet to the easterly property line and 140.00 feet to the southerly property line. The parcel is improved with a one-story frame dwelling(demolished to the foundation) and a detached accessory garage, measuring 22 feet by 28 feet, in the side yard as shown on a survey prepared by Michael K. Wicks Land Surveying dated June 25, 2019 and the Proposed Site Plan prepared by Mark Kevin Schwartz,Registered Architect;dated October 17, 2017 and updated June 19, 2019. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-15 and the Building Inspector's June 14, 2019, Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling; at, 1) existing accessory garage is located in other than the code permitted rear yard; located at 1305 Sigsbee Road,Mattituck,NY. SCTM No. 1000-144-2-6. RELIEF REQUESTED: The applicant requests relief from the Town code to maintain a pre-existing(with Pre-CO No. 38814), single-story garage measuring 22 feet by 28 feet in a side yard, after the construction of a new single- family residence,where the code requires such improvements to be located in the rear yard. ADDITIONAL INFORMATION: The applicant is the beneficiary of two prior variances. Zoning Board of Appeals file 47087 issued September 22, 2017 and file#7209 issued December 21, 2018. The applicant previously demolished the existing residence and is in the process of obtaining a Town of Southold Building permit to Page 2,December 19,2019 #7340, Corbett/Peck SCTM No. 1000-144-2-6 construct a new single-family residence meeting all Town code requirements. The existing "as built" garage, sitting 39.7 feet back from Sigsbee Road, is covered by Pre-Existing Certificate'of Occupancy #38814, issued February 6, 2017 and an updated Certificate of Occupancy,#38661, issued November 17,2016. No member of the public or immediate neighbor spoke in favor of or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 5,2019 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 Sigsbee Road neighborhood consists of approximately 63 homes of varying age, size and architectural style on small lots, most of which do not conform to the current code and were built prior to zoning, including two homes with garages in the side yard and one with the garage in front of the house. Free-standing or attached garages are common to this neighborhood and while the applicant proposes to maintain a pre-existing garage in the side yard, the structure is in keeping with the scale and character of the community. 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. The pre-existing garage was built prior to zoning, with the issuance of a Pre-CO, and the applicant proposes no changes to the structure, which exceeds the minimum front yard setback for a single-family residence. The applicant proposes under a separate building permit application to construct a new single-family residence in a conforming location, meeting front, rear and side yard setbacks. While the new residence will be built in approximately the same location as the original, the garage is pre-existing and will remain in the same location, where it has stood since prior to the inception of zoning. Furthermore, the applicant offered testimony that it is impractical to attach the garage to the future residence given both distance, light, ventilation and budget concerns. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the garage has stood in its present location since prior to zoning and the applicant proposes no changes or alterations to the structure. 4. Town Law V67-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. 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 &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a pre-existing, single-story garage measuring 22 feet by 28 feet in the side yard while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3,December 19,2019 #7340, Corbett/Peck SCTM No. 1000-144-2-6 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 Planamento, seconded by Member Weisman (Chairperson), and duly carried, to GRANT the variance as applied for, and as shown on a Site Plan (Sheet S-1) last revised June 19, 2019; and Elevations and Floor Plans dated June 14, 2019 prepared by Mark Kevin Schwartz, Registered Architect. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The subject garage may not be enlarged or altered with a second floor and can only be used as a garage for storage. 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. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void 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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson),Acampora, Planamento and Lehnert. (4-0) (Member Dantes absent) Leslie Kanes Weisman, Chairperson Approved for filing /,,), /,?3 /2019