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:
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#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
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#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
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#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