HomeMy WebLinkAbout7907 BOARD MEMBERS ��OF SOUj�o Southold Town Hall
Leslie Kanes Weisman, Chairperson 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. D�,f. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento COUhm+� Southold,NY 11971
RECEIVED
http://southoldtownny.gov 12/}•VA-
ZONING BOARD OF APPEALS /JUNTOWN OF SOUTHOLD 2 5 2024
Tel. (631) 765-1809
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FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 20,2024
ZBA FILE: 7907
NAME OF APPLICANT: Christopher Masotto
PROPERTY LOCATION: 55915 CR 48, Southold,NY SCTM No. 1000-44-1-17
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 February 27, 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 May 16, 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 the following policy standards and is
therefore INCONSISTENT with the LWRP.
Policy 1: The structure is in a structural hazard area (Coastal Erosion Hazard Area or CEHA) with proposed lot
coverage of 63.29%of buildable lands is unsupported. Policy 4.1: The structure is located within the FEMA Flood
Zone AE EL 16 feet,a structural hazard area. It is unsupported. The application indicates that the structure has been
damaged by 50% or more of its value in a coastal hazard area.
The structure is within the Coastal Erosion Hazard Area and will need Trustee's approval, but the applicant plans to
elevate the structure as indicated in the building plans.
The applicant will require a Wetlands Permit/Coastal Erosion Hazard Area Permit by the Southold Town Board of
Trustees.
However,with the conditions imposed herein,the fact that the applicant proposes to elevate to FEMA compliance to
protect the structure from future flooding and proposes to rebuild in place and in kind, and the history of the subject
and adjacent properties all of which were- developed with dwellings prior to the implementation of the LWRP
Program but are now all LWRP inconsistent,the Board now finds the proposed action to be CONSISTENT with the
LWRP
Page 2,June 20,2024
#7907,Masotto
SCTM No. 1000-44-1-17
PROPERTY FACTS/DESCRIPTION: The subject property is a 3,940 sq.ft., non-conforming parcel located in an
R-40 Zoning District. The property has a road frontage of 50.65 feet along County Road 48, then turns north for
70.16 feet towards Long Island Sound,then turns slightly northeast for 7.93 before turning east for 44.00 feet along
Long Island Sound before returning 80.47 feet back to County Road 48. The property is improved with an existing
two-story frame residence, and existing bulkheading as shown on survey prepared by Nathan Taft Corwin, III, LS,
dated October 12,2023.
BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124;Article XXXVI, Section
280-208 and the Building Inspector's January 13, 2024 Notice of Disapproval based on an application for a permit
to demolish,per town definition,and construct a new single family dwelling; 1)less than the code required minimum
front yard setback of 35 feet; 2) less than the code required minimum rear yard setback of 35 feet; 3) less than the
code required minimum side yard setback of 10 feet; 4) less than the code required minimum combined side yard
setback of 25 feet; 5)more than the code permitted maximum lot coverage of 20%; 6)the construction exceeds the
permitted sky plane as defined in Article 1, Section 280-4 of the Town Code;
RELIEF REQUESTED: The applicant requests variances to demolish"as per town code definition",and reconstruct
the existing house in the current location with the following variance relief:
1. An existing front yard setback of 25.6 ft where a minimum of 35 ft is required.
2. An existing rear yard setback of 13.1 ft where a minimum of 35 ft is required.
3. An existing side yard setback of 6.6 ft where a minimum of 10 ft is required.
4. Combined side yard setback of 23.2 ft where a minimum of 25 ft is required.
5. An existing lot coverage of 63.29%where a maximum of 20% is required.
6. The building plans indicate the structure exceeds the limits of the sky plane
ADDITIONAL INFORMATION: During the public hearing,testimony was given by the applicant's agent that the
existing house was under construction with a building permit# 46345, dated June 4, 2021. As per the agent, the
contractor went beyond the scope of the existing building permit,and the project was deemed a technical demolition
as per Town of Southold Code. The current filings show that the house is to be raised to meet new FEMA
requirements, with a new piling system installed. The applicants have proposed an Innovative Advanced (I/A)
sanitary system which is in the process of review by the Suffolk County Department of Health Services. The house
will be re-built in the same location, and using the current structure that is on the site.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on June 6,2024, 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 rs267-b(3)(b M. Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. While the project is technically listed as a demolition, the
existing house is going to only be rebuilt using the same framing that is currently existing. The existing pilings are
to remain and be modified with concrete. The setbacks are the same as currently existing,which has had a certificate
of occupancy until the current re-construction. By using the currently existing structure there will be no undesirable
change to the character of the neighborhood.
2. Town Law 4267-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. Due to the current laws describing a demolition,this current
structure could not be re-built to current codes without the benefit of area variances.
Page 3,June 20,2024
#7907,Masotto
SCTM No. 1000-44-1-17
3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial:
1. The front yard setback represents a 27%relief from the code.
2. The rear yard setback represents a 63%relief from the code.
3. The side yard setback represents a 34%relief from the code.
4. The combined side yard setback represents an 8%relief from the code.
5. The lot coverage of 63.29%represents a 316%relief from the code.
6. The structure exceeds the limits of the sky plane which represents 100%relief from the code.
However,the proposed renovations will use the existing frame of the structure that currently sits on the site,which
formerly had a Certificate of Occupancy before the latest building permit was revoked,and it was deemed a technical
demolition. The reconstructed building to remain has the currently existing setbacks,and lot coverage of the original
structure. The structure will be the same in every dimension to the existing.
4. Town Law 4267-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 and the conditions of this
board. Further, prior approvals were granted by the Town Trustees, New York State Department of Conservation,
and the Building Department, which were extinguished when the structure was deemed a technical demolition per
Town 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 V67-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a reconstructed residence 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 Lehnert,seconded by Member Acampora,and duly carried,
to
GRANT the variances as applied for and shown on the site plan and architectural plans prepared by Charles Kuehn,
Architect, last revised October 31,2023.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The septic system on the subject property shall be an Innovative Advanced (I/A) System approved by the
Suffolk County Department of Health Services
2. The applicant shall update the floor plans and site plans to include habitable space on the seaward side of the
single family dwelling.
3. The issuance of a Wetlands Permit/Coastal Erosion Hazard Area Permit by the Southold Town Board of
Trustees.
4. The applicant shall receive approval from the New York State Department of Conservation for the subject
additions and alterations to the single family dwelling.
This approval shall not be deemed effective until the required conditions have been met.At the discretion of the
Board of Appeals,failure to comply with the above conditions may render this decision null and void
Page 4,June 20,2024
#7907,Masotto
SCTM No. 1000-44-1-17
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 APPROVALS) 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 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)
eslie Kanes Weisman,thairperson
Approved for filing /�/ /2024