HomeMy WebLinkAboutZBA #7918 2440 Village LaneBOARD MEMBERS 0f SOUT o
Southold Town Hall
Leslie Kanes Weisman, Chairperson O 53095 Main Road•P.O. Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes p Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento yCOU Southold,NY 11971
RECEIVED
http://southoldtownny.gov C9 373cjO/
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLDTel. (631) 765-1809 Aw?v=
Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF JULY 25,2024
ZBA FILE: #7918
NAME OF APPLICANT: 2440 Village Lane,LLC
PROPERTY LOCATION: 2440 Village Lane,(Adj.to Orient Harbor), Orient,NY SCTM: 1000-26-1-17.1
SEORA 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 ofPlanning issued its reply
dated March 13, 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 (L)VRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated July 5, 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 ofdevelopment in the Town ofSouthold that enhances community character,preserves
open space, makes efficient use ofinfrastructure, makes beneficial use ofa coastal location, and minimized adverse
effects ofdevelopment.
Expanding the residential structure to include more than permissible lot coverage(20 percent permitted and
21.6 percent proposed) does not enhance community character and sets a precedent for lots in the
neighborhood and within the community. Further, expanding the floor area to greater than the allowable
maximum also do not support this policy.
The action is not consistent with this policy.
Policy 4. Minimize the loss of life, structures, and natural resourcesfrom flooding and erosion.
The residential structure is located within FEMA Flood Zones:
1. Flood Zone AE Base Flood EL of 7' with a 1%Annual Chance Flood Hazard.
The setback distance from the residence to the marine wetland is just 35.5' and will most likely result in
Flooding and damage and loss to structures due to storm events and tidal surges overtime. Structures in these
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SCTM No. 1000-26-1-17.1
at risk" areas should be minimized or at least made compliant with construction designed to tolerate
flooding.
This application is in line with similarly situated properties. With the conditions imposed in this decision, should
relief be granted, the application will be deemed CONSISTENT with the LWRP, subject to all other jurisdictional
approvals.
PROPERTY FACTS/DESCRIPTION: The subject,non-conforming,rectangular-shaped, 12,925 square feet(9,816
square feet buildable area), .305-acre, waterfront parcel located in the R40 Zoning District measures 205.02 feet
along Village Lane, then runs west 62.04 feet to Orient Harbor, then runs 189.38 feet along a tie line along the
apparent mean high-water mark at Orient Harbor and returns east 76.65 feet to the roadway. The property is improved
with a two-story wood frame house with attached garage, a covered front porch, side entry decks, a covered rear
waterside) porch, Bilco-type cellar entrance, a wood-frame shed, fixed wood dock, concrete waterside bulkhead
wall,an outdoor shower,wood picket fencing and gates and pebble stone driveway as shown on the survey prepared
by Nathan Taft Corwin, III, Licensed Land Surveyor, last updated February 26,2024.
BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section
280-207; and Article XXXVI, Section 280-208; and the Building Inspector's March 7,2024,Notice of Disapproval
based on an application for a permit to construct additions and alterations to an existing single family dwelling; at;
1) less than the code required minimum front yard setback of 35 feet; 2) less than the code required minimum rear
yard setback of35 feet;3)more than the code permitted maximum lot coverage of20%;4)gross floor area exceeding
permitted maximum square footage for lot containing up to 10,000 square feet in area; 5) the construction exceeds
the permitted sky plane as defined in Article 1, Section 280-4 ofthe Town Code; located at: 2440 Village Lane,(Adj.
to Orient Harbor)Orient,NY. SCTM#1000-26-1-17.1.
RELIEF REQUESTED: The applicant requests five(5)variances for additions and alterations to an existing,historic
one-family dwelling, including:
1. a front yard setback of 5.3 feet where the Code requires a minimum front yard setback of 35 feet.
2. a rear yard setback of 32 feet where the Code requires a minimum rear yard setback of 35 feet.
3. a proposed lot coverage of21.6%where the Code limits lot coverage to 20%.
4. a proposed Gross Floor Area(GFA)of 2,820.6 square feet where the Code allows a maximum GFA of
2,100 square feet for lots containing up to 10,000 square feet of area.
5. a proposed new construction ofthe existing structure outside of the permitted Sky Plane area.
In order to achieve a 24.4 feet by 27.4 feet expansion of an existing second floor in place of(and within the same
footprint as)an existing storage attic over an attached garage to create a bedroom suite,a 7.7 feet by 6 feet extension
of an existing roofed-over porch in place of an existing 9 feet by 6 feet portion ofan existing 1"floor living space to
be removed, and a 9.1 feet by 15.8 feet second roofterrace over an existing first floor.
ADDITIONAL INFORMATION: Improvements on the existing structure are covered by the following Certificates
of Occupancy:
Z-596 dated June 7, 1960 covering a private one-family dwelling.
Z-17318 dated September 19, 1988 covering alterations to a one-family dwelling.
Z-34388 dated June 4,2010 covering a deck addition and interior alterations.
The applicant provided architectural plans, including GFA calculations, sky plane diagrams, existing and proposed
floor plans, existing and proposed elevations, and existing and proposed sections, labeled S-2, S-3, Al-A8 prepared
by Peter Marren,Registered Architect and dated October 31,2023.
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SCTM No. 1000-26-1-17.1
The applicant also provided copy of a sanitary plan(for submission to the Suffolk County Board of Health)for the
installation of a new Innovation Advanced (I/A) sanitary system and drainage plan labeled page 1-2, prepared by
John Joseph Condon, Licensed Professional Engineer, and dated February 12,2024.
The subject parcel is encumbered by tidal waters and wetlands and is within the Coastal Erosion Hazard Area
associated with Orient Harbor.
The applicant stated during the public hearing,that ofthe five(5)variances requested,four(4)will maintain existing
conditions,without any change: front yard setback of 5.3 feet;rear yard setback of32 feet;excessive lot coverage of
21.6%, and penetration of the allowable sky plane. Only one of the five variance requests is for a new/proposed
condition,GFA of2,860 square feet where a maximum of 2,100 square feet is allowed per Code for lots under 10,000
square feet. The applicant used town records to estimate the GFA averaging stated at 2,750 square feet for homes
within 500 feet of the subject property. Additionally,the applicant provided examples of Zoning Board of Appeals
relief granted for similar requests in applications#'s: 3533, 5436, 6078, and 7809.
Two area residents spoke in favor of the application; no other member ofthe public or an immediate neighbor spoke
against this application.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on July 11,2024 at which time written and
oral evidence were presented. Based upon all testimony, documentation,personal inspection ofthe 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 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The immediate surrounding neighborhood consists of several
developed properties along a historically developed Orient Harbor shoreline on the west side ofVillage Lane,one of
which contains two dwellings. These properties are non-conforming in lot size,shape and most were developed prior
to the introduction ofZoning in the Town of Southold. The area is characterized by homes with various pre-existing
non-conforming setbacks, lot coverage,GFA and sky planes. Many of the area homes have been recently renovated,
restored and/or expanded with the benefit of Zoning Board of Appeals relief and other Town boards including the
Trustees and the Historic Preservation Commission, since the majority of the hamlet of Orient(village) is within a
National Historic District. As presented,the applicant's proposed additions and alterations of the historic home will
further enhance the streetscape, cultural identity and community character,while preserving the local heritage.
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.As part ofthe proposed additions and alterations,no expansion
of the existing conditions relative to the front yard, rear yard, lot coverage or sky plane are proposed. All existing
conditions will be maintained (including the reduction of approximately 8 square feet of living space in the
conversion to a porch).However,relative to the GFA,variance relief is necessary to establish a bedroom in a former
attic located over the existing attached garage. As a result ofthe conversion ofthe attic to living space(with a raised
ceiling height), the increase of 720.6 square feet will yield a new GFA of 2,860 where only 2,100 square feet is
permitted by Code. It is impossible to convert an attic to an owner's suite or habitable living space without increasing
the pre-existing, non-conforming GFA. However, the existing structure is already six (6) feet, and the applicant
seeks only to increase the size by three(3)feet.
3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 84.9%
relief from the Code relative to a reduced front yard setback; 8.5% relief from the Code relative to a reduced rear
yard setback; 8% relief from the Code relative to excessive lot coverage; 34.3% relief from the Code relative to
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SCTM No. 1000-26-1-17.1
excessive GFA; 100% relief from the Code relative to penetrating the Sky Plane. However, the reduced front and
rear yard setbacks, the excessive lot coverage and the Sky Plane variance requests are all to maintain existing
conditions, while the proposed conversion of compliant second-floor attic space to habitable living space/owner's
bedroom suite increasing the GFA beyond an allowable 2,100 square feet offers little negative impact on the
community. The improvements will not obstruct the views of neighbors, and the additions and alterations to a
historically significant home is located in a National Historic District.
4. Town Law 4267-b(30)(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 ofthe Town's Storm Water Management Code and install a Suffolk County
Board ofHealth approved Innovative and Alternative Wastewater Management System.
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 the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of alterations and additions including,a 24.4 feet by 27.4 feet expansion of an
existing second floor in place of(and within the same footprint as)an existing storage attic over an attached garage,
a 7.7 feet by 6 feet extension of an existing roofed-over porch in place of an existing 9 feet by 6 feet portion of an
existing 1st floor living space to be removed,and a 9.1 feet by 15.8 feet second roof terrace over an existing first
floor to a historic home while preserving and protecting the character ofthe neighborhood and the health, safetyandwelfareofthecommunity.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New
York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Acampora, and dulycarried,to
GRANT the variances as applied for,and shown on the Site Plan prepared by John Joseph Condon,LPE,last revised
February 12,2024 and Architectural Plans, labeled S-2, S-3,Al-A8 prepared by Peter Marren,Registered Architect
and dated October 31,2023.
SUBJECT TO THE FOLLOWING CONDITIONS•
1. The proposed Innovative Advanced (I/A) septic system on the subject property must be approved by theSuffolkCountyDepartmentofHealthServices.
2. Town of Southold Board of Trustees approval for the requested relief, as proposed on the submitted
architectural plans.
3. Town of Southold Historic Preservation Commission approval for the requested relief, as proposed on the
submitted architectural plans.
4. The existing,attached,garage is to remain unconditioned and may not be converted to habitable living space
of any kind.
5. The existing shed is to remain unconditioned and may not be converted to habitable living space ofany kind.
This approval shall not be deemed effective until the required conditions have been met.At the discretion ofthe
Board ofAppeals,failure 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
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SCTM No. 1000-26-1-17.1
The Board reserves the right to substitute a similar design that is de minimis in naturefor an alteration that does
not increase the degree ofnonconformity.
IMPORTANT LIMITS ON THE APPROVALS)GRANTED HEREIN
Please Read Carefully
Any deviationfrom the survey,siteplan and/or architectural drawings cited in this decision,or work exceeding
the scope ofthe reliefgranted herein, will result in delays and/or a possible denial by the Building Department
ofa building permit and/or the issuance ofa Stop Work Order, and may require a new application andpublic
hearing before the Zoning Board ofAppeals.
Any deviationfrom the variance(s)granted herein as shown on the architectural drawings,siteplan and/or survey
cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope ofthe reliefgranted
herein, are not authorized under this application when involving nonconformides under the zoning code. This
action does not authorize or condone any current or future use, setback or otherfeature of the subject property
that may violate the Zoning Code,other than such uses,setbacks and otherfeatures 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)
Leslie Kanes Weisman, Chairperson
Approved for filing 7 /0'7 /2024