HomeMy WebLinkAbout1000-102.-5-19 W
BOARD MEMBERS �, OJj�+ Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 Main Road • P.O. Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. , 54375 Main Road(at Youngs Avenue)
Nicholas Planamento Southold,NY 11971
http://southoldtownny.gov
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ZONING BOARD OF APPEALS MAY TOWN OF SOUTHOLD j. (Uj
Tel. (631) 765-1809 uth(aJ Town
Planning Board
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 19, 2023
ZBA FILE: 7719SE AMENDED MAY 2, 2024
NAME OF APPLICANT: KEKJS Headquarters LLC
PROPERTY LOCATION: 28495 Main Road, Cutchogue,NY SCTM# 1000-102-5-19
C DE"I"'ERM1 A°'C"lC 1J18: 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.
SUF' "OL :COI.JNT'' ADMINISTRATI'Vl-'., : 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 August 29, 2022 stating that this application is considered a matter
for local determination as there appears to be no significant county-wide or inter-community impact.
LWT"P I'�'I'"I.R.' IN It ) : 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.
Ro 1� 1 �IM ° FACTS/QESS ETl0 I.• The subject property is a 15,419 square foot parcel located
in an Hamlet Business(1 B)Zoning District. The parcel runs 80.21 feet along the southerly property
line fronting NYS Route 25, Main Road,206.16 feet along the westerly property line fronting North
Street, 78 feet on the North side,and 188.58 feet on the East side. The parcel is improved with a two
story frame residence,a frame shed, and a frame garage with rooms above. All is shown on a survey
by Stanley J. Isaksen L.L.S., dated April 18, 2006.
BASIS OI,Al'I'I..,ICATLON: Request a Reversal of the Building Inspector's August 18,2022 Notice
of Disapproval relating to Town Code Article X, Section 280-45B(l); Article 111, Section 280-
13B(13)based on an application for a permit to construct a deck addition and an accessory apartment
on the second floors of a pre-existing accessory garage with a room above, and to request a Special
Exception pursuant to Article X, Section 280-45B(11) for a Conversion of an existing building to
apartments as set forth in and regulated by Article VII, Section 280-38B(6)of the Residential Office
District; located at 28495 Main Road,Cutchogue,NY. SCTM No. 1000-102-5-19.
RELIEF REQUESTED: The applicant requests a reversal of the Notice of Disapproval which
incorrectly classifies the proposed improvement as an Accessory Apartment under Section 280-
13B(13). ""t rstlalJ t Secti rr 2 0-4�51 (1 I Ct rty rs o�r f n is it g Iacailc ,.p_g.. atm ttsN ws t
forth in aantti °e that C � ... pctt,artwr 1 1 II Ea) tat°ptjt ,1kaWgLttLal Office District." The Town Code
allows for the conversion of up to six apartments in an existing building in this Zoning District. The
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SCTM No. 1000-102-5-19
applicant proposes to construct an Apartment with second floor deck addition on the second floor of
a pre-existing non-conforming two-story garage. An apartment already exists in two story principal
building where the applicant's office is also located. All as shown on Site Plan and Architectural
Plans prepared by Mark Schwartz,Architect, dated January 6,2023.
ADDITION;A#.L_,�� I;'-'ORMATIO 1: The parcel has the benefit of Pre-existing certificate of occupancy
No. Z-31629 for a One family dwelling and beauty parlor with accessory dwelling and accessory
garage and accessory storage shed. On November 18,2015,a Certificate of Occupancy#37907 was
issued to current owner for a Conversion of an existing beauty parlor to an Architect's Office and an
Apartment Above. An application for area variance has also been submitted, Appeal No. 7718, for
a proposed addition of a non-conforming building,(subject garage)containing a non-conforming use
which shall not be enlarged, reconstructed, or structurally altered or moved unless use of such
building is changed to a conforming use.
Dated May 2, 2024: To further clarify the intent to this decision, at the May 2, 2024
Regular Meeting of the Zoning Board of Appeals, the Board members voted
unanimously to Amend this decision to GRANT the Special Exception as a Second
Accessory Apartment.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on January 5, 2023 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:
The Board has reviewed the General Standards governing Special Exception uses set forth in Section
280-142 and finds:
A. That the use will not prevent the orderly and reasonable use of adjacent properties or of
properties in adjacent use districts. The proposed use is in line with the town approved
comprehensive plan and satisfies one of the goals of adaptive re-use of an existing building.
B. That the use will not prevent the orderly and reasonable use of permitted or legally
established uses in the district wherein the requested use is located or of permitted or
legally established uses in adjacent use districts. This Main Road neighborhood consists of
a mix of residential dwellings,apartments, shopping centers, restaurants, a gas satiation,
and a convenience store. The addition of one accessory apartment will be in line with
other uses in this neighborhood.
C. That the safety,the health,the welfare,the comfort,the convenience or the order of the town
will not be adversely affected by the proposed use and its location.
D. That the use will be in harmony with and promote the general purposes and intent of this
chapter. The proposed apartment use is in keeping with the character of other uses in this
Main Road neighborhood.
E. That the use will be compatible with its surroundings and with the character of the
neighborhood and of the community in general, particularly with regard to visibility, scale
and overall appearance. The apartment is proposed to be located in an existing building.
The proposed deck addition is a common addition to residential structures and will not
fundamentally change the character of this neighborhood.
F. That all proposed structures, equipment and material shall be readily accessible for fire and
police protection. The proposed accessory apartment is located 3.5 feet from a public road.
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SCTM No. 1000-102-5-19
G. That the proposal shall comply with the requirements of Chapter 236, Stormwater
Management
In making such determination, consideration was also given to:
A. The character of the existing and probable development of uses in the district and the
peculiar suitability of such district for the location of any of such permitted uses.
B. The conservation of property values and the encouragement of the most appropriate uses of
land.
C. The effect that the location of the proposed use and the location that entrances and exits
may have upon the creation or undue increase of vehicular traffic congestion on public
streets, highways or sidewalks to assure the public safety.
D. The availability of adequate and proper public or private water supply and facilities for the
treatment,removal or discharge of sewage,refuse or other effluent(whether liquid, solid,
gaseous or otherwise)that may be caused or created by or as a result of the use.
E. Whether the use or the materials incidental thereto or produced thereby may give off
obnoxious gases, odors, smoke or soot.
F. Whether the use will cause disturbing emissions of electrical discharges, dust, light,
vibration or noise.
G. Whether the operation in pursuance of the use will cause undue interference with the
orderly enjoyment by the public of parking or of recreational facilities, if existing or if
proposed by the Town or by other competent governmental agencies.
H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles
incidental to the use and whether such space is reasonably adequate and appropriate and
can be furnished by the owner of the plot sought to be used within or adjacent to the plot
wherein the use shall be located.
I. Whether a hazard to life, limb or property because of fire, flood,erosion or panic may be
created by reason of or as a result of the use or by the structures to be used therefor or by
the inaccessibility of the property or structures thereon for the convenient entry and
operation of fire and other emergency apparatus or by the undue concentration or
assemblage of persons upon such plot.
J. Whether the use or the structures to be used therefor will cause an overcrowding of land or
undue concentration of population.
K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably
anticipated operation and expansion thereof.
L. Whether the use to be operated is unreasonably near to a church, school,theater,
recreational area or other place of public assembly.
M. Whether the site of the proposed use is particularly suitable for such use.
N. Whether adequate buffer yards and screening can and will be provided to protect adjacent
properties and land uses from possible detrimental impacts of the proposed use.
O. Whether adequate provision can and will be made for the collection and disposal of
stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the
proposed use will generate.
P. Whether the natural characteristics of the site are such that the proposed use may be
introduced there without undue disturbance or disruption of important natural features,
systems or processes and without risk of pollution to groundwater and surface waters on
and off the site.
Q. The issuance of a Special Exception permit,as applied for in this application, is also
subject to the following specific criteria and requirements which have been met pursuant to
Section 280-45(C)and as set forth in and regulated by 280- fflL6),,,of the Town Code
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R. The character of the existing and probable development of uses in the district and the
peculiar suitability of such district for the location of any of such permitted uses.
S. The conservation of property values and the encouragement of the most appropriate uses of
land.
T. The effect that the location of the proposed use and the location that entrances and exits
may have upon the creation or undue increase of vehicular traffic congestion on public
streets, highways or sidewalks to assure the public safety. The addition of one apartment
unit on the North Street side of the property will not have any effect on traffic.
U. The availability of adequate and proper public or private water supply and facilities for the
treatment, removal or discharge of sewage, refuse or other effluent(whether liquid, solid,
gaseous or otherwise)that may be caused or created by or as a result of the use. The
applicant will apply for a Suffolk County Department of Health Services Permit for an
Innovative Advanced(I/A)septic system for the entire parcel.
V. Whether the use or the materials incidental thereto or produced thereby may give off
obnoxious gases, odors, smoke or soot.
W. Whether the use will cause disturbing emissions of electrical discharges, dust, light,
vibration or noise.
X. Whether the operation in pursuance of the use will cause undue interference with the
orderly enjoyment by the public of parking or of recreational facilities, if existing or if
proposed by the Town or by other competent governmental agencies.
Y. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles
incidental to the use and whether such space is reasonably adequate and appropriate and
can be furnished by the owner of the plot sought to be used within or adjacent to the plot
wherein the use shall be located.
Z. Whether a hazard to life, limb or property because of fire,flood,erosion or panic may be
created by reason of or as a result of the use or by the structures to be used therefor or by
the inaccessibility of the property or structures thereon for the convenient entry and
operation of fire and other emergency apparatus or by the undue concentration or
assemblage of persons upon such plot.
BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member
Dantes, seconded by Member Weisman(Chairperson),and duly carried to
GRANT, a Special Exception,as applied,for a second accessory Apartment,as shown
on Site Plan and Architectural Plans prepared by Mark Schwartz, Architect(labeled S-1, S-2,A-1
thru A-7), dated January 6,2023.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The applicant will apply for a Suffolk County Department of Health Services Permit
for an Innovative Advanced (I/A)septic system for the entire parcel.
2. The applicant shall obtain variance relief approval from the Board of Appeals for
application File No.: 7718
3. The apartment in the accessory garage must be rented to an individual who is on or
qualifies to be on the Town of Southold Housing Registry
4. The apartment must be the primary residence of the signatory to the lease at the time
of possession and throughout the tenancy
5. The maximum rent charged may not exceed the maximum rent set forth in §280-30F
in perpetuity
6. The apartment use may not be changed to another permitted use for a minimum
period of eight years from the time the use receives a certificate of occupancy
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7. The subject parcel,the subject building,and the apartments must remain in common
ownership
8. This Special Exception Permit requires an operating permit and inspection by a
Building Inspector from the Building Department that must be renewed annually.It
is the a licant's res onsibilit to contact the Building Department on an annual
basis to schedule the required inspection. Failure to do so may require a public
hearing before the Zoning Board of Appeals to review potential action to revoke the
Special Exception Permit granted herein.
9. The property owner must apply for a building permit for the approved construction
within one year of the special exception approval;
10. This Special Exception permit requires that the applicant complete construction on
the Apartment with deck and begin the approved special exception use in compliance
with the conditions imposed by the Zoning Board of Appeals within three years.
11. In accordance with the Zoning Board of Appeals,approval shall thereafter be deemed
a lawful use as if the same were permitted by this chapter without need for a special
exception permit; provided, however,that:
a. All conditions imposed by the special exception approval shall continue to apply
unless they, by their express terms,are of limited duration.
b. All conditions imposed on special exception approval uses generally or specifically
by this chapter shall continue to apply,regardless of whether any such conditions
were expressly incorporated into the special exception approval.
c. The Zoning Board of Appeals shall retain continuing jurisdiction over the same;
d. The duration of a special exception use may be limited to a specified time period as
set forth in the approval of the Zoning Board of Appeals,if the approval is silent as
to the duration of the special exception use,then said use shall be in perpetuity;
e. A special exception use which has been discontinued for a period of one year or
more shall be deemed abandoned.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when
issued.
NOTE. Violations of Conditions. A violation of any limitation or condition of a special
exception approval or of any provision of this chapter applicable to a special exception
use shall constitute a violation of this chapter. The Zoning Board of Appeals shall
retain jurisdiction and shall have the right, after a public hearing, to modify,suspend or
revoke such approval or any term or condition thereof or to impose thereon one or more
new conditions,pursuant to Article XXV,Section 280-141 of the Town Code.
Vote of the Board: Ayes: Members Weisman (Chairperson),Acampora, Dantes,Lehnert, and
llama (5-0).
1
slie an s Weisman, Cl airpe°son
Approved for filing / /2024
AMENDED MAY 2,2024