HomeMy WebLinkAbout1000-81.-3-1.4 & 81.-1-24.3 BOARD
ERS
Leslie Kanes Wei`manBChairperson " �, Southold Town Hall
53095 Main Road•P.O.Box 1179
'aa Southold,NY 11971-0959
Patricia Acampora j Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. �9z 54375 M,,' =uue
Nicholas PlanamentoS XjRECETV-ED
r"com
http://southoldtownny.gov
ZONING BOARD OF APPEALS �� tia Wr '—F
TOWN OF SOUTHOLD Planning Board
Tel.(631) 765-1809•Fax (631)765-9064
MEMO
TO: Planning Board
FROM: Leslie K. Weisman, ZBA Chairperson
DATE: May 16, 2022
SUBJECT: Request for Comments ZBA #7677 James, Elyse & Sinning, John
The ZBA is reviewing the following application. Enclosed are copies of Building
Department's Notice of Disapproval, ZBA application, and current map on file. Your
review and comments are requested at this time.
The file is available for review of additional documentation at your convenience for
reference if needed.
Applicant: James, Elyse & Sinning, John
Tax # Zone District: 1000-81-3-1.4 & 81-1-24.3
ZBA #: 7677
Hearin Date: September 8, 2022
Code Section: Art III Sec 280-14
Date of Stamped Surve : March 2, 2022
Preparer of Survey Kenneth Woychuk, Land Surveyors PLLC.
Thank you.
Encls.
FORM NO. 3
TOWN OF SOUTHOLD planning 0 rd
BUILDING DEPAII:TMEN..
NOTICE OF DISAPPROVAL
DATE:August 18, 2021
RENEWED:April 6,2022
AMENDED:April 6,2022
TO: Robert E. Herrmann(James& Sinning)
1319 North Sea Road
Southampton,NY 11968
Please take notice that your application dated August 5,2021:
For a permit: fprAjot line change at:
Location of property: 5000 Paradise Point,Rdu& 5300 P rad Lftjqt &d
115 �tC�t�U�.
County Tax Map No. 1000—Section 81 Block 3 Lot ,1„ 4 & Section 81 Block 1 Section 24.3
Is returned herewith and disapproved on the following grounds:
The ro o eo tot line ehaue n this nonconforming 23 X194.83 sq. ft. lot in the Residential R-80 District
81-3-1.4). is not,peri itted_pgg.qart tai article lll, Section 280-14. which states
No building or premises shall be used and no building or part thereof shall be erected or altered in
the R-80 District unless the same conforms to the� udett_n nt gf the Bylk Schedule and ofth
atwkinI,S (Zdul ,,,with the ame force and effect as if such re Mations were set forth herein in
full.
Pro osed Lot(81-3-1.4)-Bulk Schedule tv wires a mininityra lot sire of 80.000 square feet and lot depth
of2 0 feet l ollowinn theoronosed lot line chane this lot will beenno�r- �at�fta�t ng,_rn uring
28.277.83 sq. ft, with lot depth of 91. feet..
T line rruires approval from the Southold Town Plannit o rd.
This Notice Disapproval has been amended to reflect the revised survey, last dated March 2, 2022,
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application,may require further
review by the Southold Town Building Department.
CC:ZBA, Planning,file
SOUTHOLD TOWN ZONING BOARD OF APPEALS
OFFICE CHECK LIST
Please submit the following in NINE Sets collated into separate packets,with ORIGINAL signed set and
Check for filing fee clipped on top:
CURRENT NOTICE OF DISAPPROVAL(for area variance, use variance,and waiver of lot merger applications)Note:
Special Exception Permit applications come directly to the ZBA and do not require a Notice of Disapproval)
1.Application(2 pages) Attached(plus 2 page addendum)
2.Project description Form Attached
3.Questionnaire Attached
4. Pre-CO's,CO's,all prior ZBA decisions Certificates of Occupancy#Z1230,#Z7027,and#35759,and
Certificate of Compliance#0754C,
5.AG Data Form, all applications.If not AG answer 1-8 Attached
6.Short EAF Form(4 pgs) Attached
7.Owner's Consent Attached
8.Transactional Owner and Agent Attached
9. LWRP Form,all goplications.If not waterfront complete first two pages Attached
10. Photos Attached
11.New Survey Attached
12.Building Plans Attached
13.Town Property Card Attached
**CHECK is payable to TOWN OF SOUTHOLD: call 765-1809
7 - REQ�IVED
Fee:$ Filed By: AS t aarruen¢No MAY 17 2022
APPLICATION TO THE SOIJTIIOLD,TOWN BOlA RD OF A P PEA
S
AREA VARIANCE
Planning Board
House No. 5000 Street Paradise Point Road Hamlet Southold
553-00 Paradise Point Road —' out
1000 Section 81 Block 2 Lot(s) L.4 Lot Size 23,094 sf Zone R-80
61-- _1— 24,3 132,1 b5 sf
I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED_±Lri�.6,2022 .BASED ON SURVEY/SITE PLAN DATED March 2,2022
Owner(s): Elyse James&John Sinning, Et al
Mailing Address: 18 Westcott Street, Riverside, CT 06878
Telephone: 203-561-4648 Fax: Email:roybjames@yahoo.com
...............
NOTE:in addition to the at2je,please complete below if application is signed by applicant's attorney,agent,architect,
builder,contract vendee,etc.and name of person who agent represents:
Name of Representative:En-Consultants for(x)Owner( )Other:
Address: 1319 North Sea Road,Southampton, NY 11968
Telephone:631-283-6360 Fax 631-283-6136
Email:rherrmann@enconsultants.com
Please check to specify who you wish correspondence to be mailed to,front the above names:
( ) Applicant/Owner(s), (x) Authorized Representative, ( ) Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED 3/2/22 and DENIED AN APPLICATION DATED 8/421 FOR:
)Building Permit
)Certificate of Occupancy Pre-Certificate of Occupancy
) Change of Use
)Permit for As-Built Construction
(x)Other: Lot line modification
Provision of the Zoning Ordinance Appealed. (indicate Article,Section,Subsection of Zoning Ordinance by
numbers.Do not quote the code.)
Article: III Section: 280 Subsectign: 14
Type of Appeal. An Appeal is made for:
(x)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 has, (x)has not been made at any time with resL)ect to this, art ;cert UNDER
Appeal No(s)._Year(s). (Please be sure to research before
completing this question or call our qfficefor assistance)
Name of Owner: ZBA File#
X
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:
See attached addendum,
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:
See attached addendum,
3. The amount of relief requested is not,substantial because:
See attached addendum.
4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district because:
See attached addendum,
5.Has the alleged difficulty been self-created? Yes,or {)q No Why:
See attached addendum.
Are there any Covenants or Restrictions concerning this land? No (X) Yes(please furnish a copy)
This is the MINIMUM that is necessary and adequate,and at ic same time preserve and protect the character of the
c
neighborhood and the health,safety and welfare of the couin uni
obert E. Herrmann
Signs(tire 'App;Iiicant or Authorized Agent
(Agent must itibruit written Authorization from Owner)
Sworn to before me this 9th day
of May ,022
KIM H . STEPHEN S
NOTARY PUBLIC
STATE OF NEW YORK
COMMISSION N 0 . 5 0 15 9 3 1
QUALIFIED IN SUFFOLK COUNTY
E XP I R ES AUGUST 2 , 2 0-2,S
ELYSE JAMES & JOHN SINNING, ET AL
5000 &5300 PARADISE POINT ROAD
SOUTHOLD, NY
SCTM#1000-81-3-1.4 & #1000-81-1-24.3
1) The application proposes to transfer 5,182.70 sf of land from 5300 Paradise Point Road
(hereinafter the"Point Property") to 5000 Paradise Point Road (hereinafter the"James
Property"). Although the proposed lot line modification would result in an increase in
the James property's preexisting nonconforming lot area of 23,094 sf, the proposed lot
area of 28,277 sf is still well less than the 80,000 sf currently required in an R-80 zoning
district; and although the relocation of the easterly side lot line would result in the lot
width increasing from a preexisting nonconforming 145.58 feet to a conforming 203.29
feet, the minimum lot depth would decrease from a preexisting nonconforming 115.76
feet to 91.55 feet. The proposed lot area and depth of the James property thus requires
relief from Section 280-14 of the Town Zoning Code. But allowing the proposed
changes in lot size and dimensions would not undesirably change the character of the
surrounding neighborhood, which consists of numerous other similarly undersized lots
that were created by the 1963 subdivision of Paradise Point, nearly all with lot areas less
than 80,000 square feet; lot widths less than 175 feet; and lot depths less than 250 feet.
Rather, the additional square footage merely makes the James property's lot area
somewhat more conforming to current code; the shorter easterly lot line makes its lot
depth somewhat less conforming; and the longer northerly lot line actually changes its lot
width from a nonconforming to conforming length. And the associated decrease in area
of the Point Property to the east, from which the 5,183 sf of land area will be transferred,
does nothing to change the existing zoning compliance of that parcel, which will be left
with an area of 126,972 square feet. Moreover, while the lot line change would increase
the James property's building area relative to the Point property, the Point property is a
vacant, communal "recreation and open space"parcel, which subsequent to the lot line
modification would be forever preserved from future development. And there would be
no change to the James property's building area relative to the developed-residential
properties located across the road to the north or to the west. Therefore, the proposed lot
line modification also would not cause a detriment to nearby properties.
2) The benefit the applicant seeks from the proposed lot line modification is an increase in
the area of the James property, prior to the permanent preservation of the Point property,
to provide the dwelling with an increased buffer and potential protection from the
ongoing severe erosion of the Point Property. And the signjynonconforming area
. Hemnann
Sworn to before me this 9h
day of May, 2022
KIM H . STEPHENS
NOTARY PUBL9C
STATE OF NEW YORX
COMMISSION N0 . 5015931
OUALIFIEO IN SUFFOLK 'COWAT'Y
EXPIRES AUGUST 2 , 20z_S
and depth of the James property make it impossible to achieve that benefit without a
variance because it is not possible to increase the size of the lot by the 56,906 sf that
would be needed to make the lot area conforming nor the length of the easterly lot line by
the 134 feet that would be needed for a conforming lot depth.
3) The amount of relief requested to allow the proposed lot line modification is
mathematically substantial because the proposed James property's lot area is 51,723 sf or
65 percent less than the required 80,000 sf; and its proposed lot depth of 91.55 feet is
about 158 feet or 63 percent less than the required 250 feet. The relief is not substantial
in fact, however, as the proposed lot area of 28,277 sf would make the James property
5,183 sf more conforming than it is currently; the 57.71-foot easterly extension of the
northerly property line would change its lot width from a nonconforming 145.58 feet to a
conforming 203.29 feet; and relative to the required lot depth of 250 feet, the proposed
91.55-foot easterly property line would make its minimum lot depth only 24 feet less
conforming than the existing 115.76-foot easterly lot line.
4) The proposed lot line modification would have no direct impact on the physical and
environmental conditions in the neighborhood, but it would create the potential for a
future improvement in the physical conditions of the James property. Because having an
increased land area between the existing dwelling and the Point property would create a
greater land buffer between the dwelling and the Point property and an opportunity for
increased protection of the dwelling from the potential flood and erosion damage that
could result from the severe ongoing erosion of the Point property, which will be
permanently preserved from future development.
5) The difficulty associated with the proposed lot line modification is not self-created
because at the time the James property was purchased, the Point property's shoreline was
protected by a functional bulkhead, and there was thus no reason to anticipate the
potential future need to create an additional land buffer between the dwelling on the
James property and the Point property; and it is not possible to gain such an increase in
land area without variance relief.
_._.._......._ o e.....f.Hemnann....-....m.............
Sworn to before me this 9`h
day of May, 2022
. �. �..
w..
KIM H , STEPHENS
NOTARY PUBLIC
STATE OF NEW YORK
COMMISSION NO . 5015011
` UALIFIEO IN SUFFOLK 'covNiT)Y
E P I R ES AUGUST 2 . 20
APPLICANT'S PROJECT DESCRIPTION
APPLICANT: Elyse James & John Sinnin L.Et al. DATE PREPARED: May 9, 2022
1.For Demolition of Existing Building Areas
Please describe areas being removed: N/A ww www.. ..a..a................ ___..v_......wvwv _...............__......._................................__.
II.New Construction Areas(New Dwelling or New Additions/Extensions): N/A
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:
covered porch
Number of Floors and Changes WITH Alterations:_..................................................ww.........................._.................._.....
....... ...........................
IV.Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on our property- ........
....................__.......... ...... __ ..... ..................
Proposed increase of building coverage: ........... N/A
Square footage of your lot: wµµµ 23,094 sf(exist ng); 28277 sf(proposed.)Mre
Percentage of coverage of your lot by building area: 9.9% °/ (pt_pps ._..__...........ww................_...__...._
V.Purpose of New Construction:No new construction is proposed. The lot line modification is
proposed to increase the area of the developed-residential subject parcel and thus rovide an o ortunit
for increased buffer and protection from the severely eroding adjacent"recreation and open space" parcel
to the east,which will remain undeveloped.
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):
The requested variance relief is necessitated b the modification of the area of a reexistin nonconform-
ing lot,which in its proposed form will continue to be undersized in an R-80 zoning district. The need for
relief is unrelated to the existing land contours.
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
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
A. Is the subject premises listed on the real estate market for sale?
Yes X No
B. Are there any proposals to change or alter land contours?
XNo Yes please explain on attached sheet. _w w w ------
C.
w_uC. 1.)Are there areas that contain sand or wetland grasses? Yes
2.)Are those areas shown on the survey submitted with this application. Yes
3.) Is the property bulk headed between the wetlands area and the upland building
area? Yes c �
4.) If your prop rt contains wetlands pond areas, _
you contacted the Office of the Town
trustees for its determination of jurisdiction?No Please confirm status of your inquiry or
pp change by
application with the Trustees: (Lot line cngnot regulated Chapter 275) and if issued, please attach
__............. .. ww.. ...�....._._..�___.... .....__...
copies of permit with conditions and approved survey.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level?__N/Aw no construgtion„'proposed„)
E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown
on the survey that you are submitting?,.,,, No Please show area of the structures on a diagram
if any exist or state none on the above line.
F. Do you have any construction taking place at this time concerning your
premises? No If yes, please submit a copy of your building permit and survey as approved
by the Building Department and please
describe:
G. Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking,please apply to the Building Department to either obtain
them or to obtain an Amended Notice of Disapproval.
Certificates of Occupancy#Z1230,#Z7027,and#35759,and Certificate of Compliance#0754C
H. Do you or any co-owner also own other land adjoining or close to this parcel?No If
yes, please label the proximity of your lands on your survey.
1. Please list present use or operations conducted at this parcel Residential, single-fa,m,i,ly
dwellin . proposed changep p .�_.__....
.....www........... _.........................................................______w_. (ex: existing single family,proposed: same
with garage pool or other)
ti
fc „ 2022
Authorize , ature����d Date
an ,