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HomeMy WebLinkAbout7878 BOARD MEMBERS ��OF so yo Southold Town Hall Leslie Kanes Weisman, Chairperson 1p 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �pQ Town Annex/First Floor,. Robert Lehnert,Jr. ��. 54375 Main Road(at Youngs Avenue) Nicholas Planamento COW NI Southold,ftidgiVED http://southoldtownny.gov �' (5 a:q, ZONING BOARD OF APPEALS APR - 9 2024 TOWN OF SOUTHOLD Tel. (631) 765-1809 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 4,2024 ZBA FILE: #7878 NAME OF APPLICANT: Josh Kelinson PROPERTY LOCATION: 560 Oak Street, Cutchogue NY SCTM: 1000-136-1-44 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 January 16, 2024 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 February 26, 2024. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 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 ofdevelopment. The setbacks and exceedance of the sky plane proposed do not enhance community character and sets a precedent on construction in the neighborhood and within the community. The action is not consistent with this policy. Policy 4 Minimize the loss of life, structures and natural resources from flooding and erosion. The proposed 47.90 percent lot coverage on the parcel is contrary to preventing loss of structures near hazards. The structures within these areas are subject to repetitive loss from storm surge- induced events and should be avoided an/or minimized. Setbacks should be maximized. The Zoning Board of Appeals has made a site inspection and found that there is no way to decrease the current setbacks or sky plane. Additionally,the proposed addition is for second floor renovations which do not increase the degree of nonconformity in the rear and therefore the Board finds this CONSISTENT with the LWRP. Page 2,April 4,2024 #7878,Kelinson SCTM No. 1000-136-1-44 PROPERTY FACTS/DESCRIPTION: The subject, rectangular-shaped, non-conforming, 3,629 square feet(3,483 square feet buildable land), .083 acre lot, located in the R40 Zoning District, measures 37.50 feet along Oak Street, then runs east 95 feet, along a residentially developed lot to the north, to the high water mark(as observed April 2, 2014)at Eugene's Creek,then runs 37.67 feet along the shore and returns 98.60 feet,along a residentially developed lot to the south,back to the roadway. The lot is improved with a two-story,wood-frame house with attached one car garage, concrete walkway,two exterior entry stoops, extensive wood decking and a wood dock accessed via a ramp as shown on the survey prepared by John C. Ehlers,Land Surveyor and dated March 17,2014. BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-208A; and the Building Inspector's November 27, 2023 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 minimum front yard setback of 35 feet; 2) located less than the code required minimum side yard setback of 10 feet; 3) located less than the code required minimum combined side yard setback of 25 feet; 4)more than the code permitted maximum lot coverage of 20%; 5) the construction exceeds the permitted sky plane as defined in Article 1, Section 280-4 of the Town Code located at: 560 Oak Street, (Adj.to East Creek)Cutchogue,NY. SCTM No. 1000-136-1-44. RELIEF REQUESTED: The applicant requests five (5) variances for additions and alterations to an existing two- story, single-family residence with attached garage, including the addition of a covered front porch entry measuring 4.6 feet by 13.5 feet, the expansion of second floor living space over the garage (to relocate an existing bedroom) measuring 17.6 feet by 14.1 feet,and a cantilevered second floor addition, supported by a column,(to accommodate a newly created family room)measuring 8.2 feet by 9.10 feet. Variance relief requested is: 1. Excessive lot coverage of 47.9%where the Code allows a maximum of 20% lot coverage. 2. Reduced front yard setback of 4.6 feet where the Code requires a minimum front yard setback of 35 feet. 3. Reduced side yard setback of.9 feet where the Code requires a minimum side yard setback of 10 feet. 4. Reduced combined side yard setback of 4.1 feet where the Code requires a minimum combined side yard setback of 25 feet. - 5. Excessive permitted Sky Plane where the Code requires all improvements to be within the Sky Plane. ADDITIONAL INFORMATION: The applicant's agent submitted architectural drawings, including proposed site plan, lot coverage calculations, zoning data, setback table, gross floor area calculations, existing and proposed floor plans, and existing and proposed elevations, labeled ZBA01-05, prepared by Anthony M. Portillo, Registered Architect, dated December 13,2023. The premises is subject to five (5) prior Zoning Board of Appeals variances. Furthermore, Appeal #3738, which relief was requested for additions and alterations and increasing lot coverage, specifically required the following: 1. No further additional construction or saturation: 2. Any further additions shall be permitted if they are at an upper story and not extending past the building;and No further front yard encroachments for any additional construction in any manner. Improvements on the subject parcel are covered by the following Certificates of Occupancy: #Z-9584 dated July 5, 1979 covering a private one-family dwelling #Z-32958 dated April 1,2008 covering additions and alterations to an existing single-family dwelling as applied for and as per conditions of ZBA file#3738. The applicant's agent states current lot coverage is 42.8%, as approved by prior Zoning Board of'Appeals decision. Town Code permits a maximum lot coverage of 20%. Applicant is requesting 5.1% of additional lot coverage. The house was legally expanded and will, after proposed additions and alterations, maintain the following pre-existing, non-conforming setbacks: Page 3,April 4,2024 #7878,Kelinson SCTM No. 1000-136-1-44 • Front yard setback of 1.1 feet. • Single side yard setback of 0.9 feet. • Combined side yard setback of 2.8 feet. The applicant's agent added that the proposed expansion of the residence does not include any further encroachment on existing setbacks. The applicant's agent submitted a document during the public hearing, in support of their application, outlining similar lot coverage for several neighbors. The subject property is smaller(about.1 of acre)where other lots average between .12 to .17. This difference is minimal. However, the corresponding lot coverages of the neighboring properties ranged from 28-39%. The applicant is requesting 47.9%. The difference in lot coverage is significant. Applicant also discussed the Sky Plane issue. Applicant stated that due to the slope of the property,as you get closer to the water,the grade is lower and thus the improvements cannot stay within the Sky Plane. Applicant also stated that the house as it currently stands, cannot comply with Sky Plane. However, the proposed addition above the garage, in the front of the house, still falls significantly above the Sky Plane. A letter of support was received from a neighbor basically stating that there have been other renovations in the neighborhood and he thought this renovation will also contribute to the value of the neighborhood. An immediate neighbor to the north,and her attorney,spoke against this application during the public hearing. They commented on the existing lot coverage and the proposed expansion exceeding the allowable lot coverage allowed in the R40 Zoning District. They added that any further expansion of the house, especially over the garage, will create an unnecessary hardship to the neighborhood.Their concern is that any increase in size of the house will limit light and ventilation,especially to their modest one-story residence immediately abutting to the north of the applicant. Lastly, they commented that, although there are other neighboring garages close to the front of the property, none other have a second story over the garage. The neighbor also provided the applicant and Board with a copy of several photographs of their residence and that of the applicant. Said photographs show the close proximity of the neighboring garage to their home. Applicant submitted an updated site plan, dated Marchl8, 2024, showing an additional parking spot in order to comply with the on-site parking requirement. Based on site inspection by the Zoning Board of Appeals and review of the Suffolk County Tax Map for the parcel, it is acknowledged that the subject lot is among the smallest waterfront parcels on Oak Street and the most densely developed. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 7,2024 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 five variances requested will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Oak Street neighborhood consists of smaller homes developed prior to Zoning in both creekfront and upland locations on substantially less than code conforming lots following the topography of the area; many of these homes, and especially the waterfront residences along East Creek, have been expanded in recent years, with greater than code compliant lot coverage. The applicant's home is presently at 42.8%lot coverage where a maximum of 20%lot coverage is allowed. An earlier Board in granting relief for the expansion of the Page 4,April 4,2024 #7878,Kelinson SCTM No. 1000-136-1-44 house conditioned no further expansion of the residence. The subject parcel is among the smallest creekfront lots and is presently the most densely developed. Granting the requested variances will set a precedent for the neighborhood, and other sensitive waterfront locations in the Town of Southold, and will forever negatively alter the character of this small- scale neighborhood. Specifically,the newly enacted code relative to Sky Plane,was enacted for this very purpose,to limit the unnecessary expansion of homes, limiting natural light and ventilation to neighboring properties. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can, if alternative relief is granted, be achieved by some method feasible for the applicant to pursue, other than the substantial area variances requested. While the existing house,cannot be expanded without Board relief,it has been acknowledged by the applicant during the public hearing that the house can be modified with minimal zoning relief, allowing the applicant an updated floorplan that is functional by today's taste and standard. The applicant can expand living space into the garage area and the applicant can design/build an open air, side entry porch, with expanded living space above it, while maintaining all pre-existing setbacks without seeking 46.7%lot coverage. 3. Town Law 4267-b(3)(b)(3). The variances requested herein are mathematically substantial,representing 139.5% relief from the code relative to excessive lot coverage over the allowable 20%; 86.8%relief from the code relative to a reduced front yard setback of 4.6 feet where the code requires a minimum front yard setback of 35 feet; 91%relief from the code relative to a single side yard setback of.9 feet where the code requires a minimum side yard setback of 10 feet; 83.6% relief from the code relative to a reduced combined side yard setback of 4.1 feet where the code requires a minimum combined side yard setback of 25 feet;and, 100%relief from the code relative to maintaining all improvements within the permitted Sky Plan. The applicant has not been able to prove to the Board's satisfaction that they are able to mitigate the substantial relief sought and maintain the community character,especially relative to the second-floor expansion over the garage. While the applicant indicates they will maintain the previously established 1.1 feet front yard setback from the roadway of the existing garage and establish a new second story front yard setback of 4.6 feet from the roadway, adverse impact will ensue in the massing of the residence so close to an existing roadway,also light and ventilation to neighboring properties. 4. Town Law 4267-b(3)(b)(4). Evidence has been submitted to suggest that variances 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 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. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to a single-family residence,updating it to current needs,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 267-13,motion was offered by Member Planamento,seconded by Member Weisman(Chairperson), and duly carried,to DENY as applied for, including the proposed second story addition over the existing garage, and GRANT ALTERNATIVE RELIEF as follows: The applicant is to maintain all prior setbacks as illustrated on the proposed Site Plan labeled ZBA-01, prepared by Anthony M. Portillo,Registered Architect, and dated December 13, 2023. Furthermore, 1) the applicant may expand the footprint of the existing residence in the southwest corner(proposed second story addition,cantilevered and supported by a column)measuring no greater than 7.6 feet by 9.10 feet(with a side yard setback of 3.2 feet)allowing for an open air entry porch with the addition of expanded second floor living Page 5,April 4,2024 #7878,Kelinson SCTM No. 1000-136-1-44 space over it to square off the house; 2) the addition of the expansion of the foot print of the house between the existing garage and existing bath by 5.9 feet by 4 feet to allow the squaring off of the house; 3)deny a second story addition over the existing one story garage. Before applying for a building permit, the applicant or agent must submit to the Board of Appealsfor approval and filling, two sets of the final site plan, architectural drawings,recalculation of lot coverage,sky plan conforming to the alternative relief granted herein. The ZBA will forward one set of approved,stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals SUBJECT TO THE FOLLOWING CONDITIONS: 1. The septic system on the subject property shall be approved by the Suffolk County Department of Health Services. 2. The newly created `front' side entry porch shall remain open air without the benefit of enclosures of any kind. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appealsfaiture to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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. IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, 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, demolitions, or demolitions exceeding the scope of the relief granted herein, 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. TIME LIMITS ON THIS APPROVAL: 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. IT IS THE PROPERTY OWNER'S Page 6,April 4,2024 #7878,Kelinson SCTM No. 1000-136-1-44 RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the.approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes:Members Weisman(Chairperson),Dantes,Planamento,Acampora, and Lehnert. (5-0) Leslie Kanes Weisman, Chairperson Approved for filing / J�" /2024