HomeMy WebLinkAbout7891 BOARD MEMBERS ��rjF SOUr Southold Town Hall
Leslie Kanes Weisman, Chairperson ,`O l0 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
http://southoldtownny.gov RECEIVED
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD SEP 2 4
Tel. (631) 765-1809
o uthold Town.Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 19, 2024
ZBA FILE# 7891
NAME OF APPLICANT: Stephane Segouin
PROPERTY LOCATION: 310 the Strand, (Adj.to Long Island Sound)East Marion,NY
SCTM#1000-21-5-5
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 thru A 14-25,and the Suffolk County Department of Planning issued
its reply dated January 25, 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 March 27, 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 Policy 1 and Policy 4,
and therefore is INCONSISTENT with the LWRP.
The proposed lot coverage on the parcel is contrary to preventing loss of structure near hazards. The structures within
these areas are subject to repetitive loss from storm surge induced events and should be avoided and or minimized.
In 1975,a Covenant and Restriction(Liber 7969,Page 274)was placed on the lot which is included in the subdivision
known as Pebble Beach Farms. Item 10 prohibits the construction of any part of a dwelling northerly of an
approximate 100-foot bluff set back line with the following text:"An owner of a waterfront lot facing the Long Island
Sound shall not construct any part of the dwelling northerly of the approximate 100 foot bluff set back line, shown
on the filed map unless approved by the Town of Southold. However,with the required installation of an Innovative
Advanced Septic System, the removal of two decks at and seaward of the top of the bluff, and the approval of the
Southold Town Board of Trustees,as conditioned herein,all of which will aid in mitigating any adverse impacts that
the existing conditions and proposed improvements may create,the Board of Appeals determines the proposed action
to be CONSISTENT with the LWRP
PROPERTY FACTS/DESCRIPTION: The subject property is a nonconforming 24,689 square foot lot (15,644.7
square feet of buildable land) located_in the Residential R-40 Zoning District. The northerly property line is 75.12
Page 2, September 19,2024
#7891, Segouin
SCTM No. 1000-21-5-5
feet and is adjacent to Long Island Sound,the easterly property line measures 223.77 and the top of the bluff to the
toe of the bluff measures 107.6 feet,the southerly property line measures,76.0 feet and is adjacent to The Strand,the
westerly property line measures 225.39 feet and the top of the Bluff to the Tow of the bluff measures 100.34 feet.
The parcel is improved with an existing two-story frame dwelling with attached garage,a second-story wood balcony
and a slate patio at the rear of the dwelling with a covered trellis. There are two aged wood decks at the top of the
Bluff facing Long Island Sound located within the Coastal Erosion Hazard Line as shown on the Survey prepared by
Kenneth M. Woychuck, LS, and last revised August 10, 2023.
BASIS OF APPLICATION: Request for Variances from Article XXIII, Sections 124; Section 280-208A; and the
Building Inspector's November 8, 2023, Amended December, 13, 2023 Notice of Disapproval based on an
application for a permit to demolish(as per Town Code definition) and reconstruct a single-family dwelling, a new
accessory in-ground swimming pool, and to legalize two as built accessory decks; at; 1)more than the code required
maximum lot coverage of 20%; 2) dwelling located less than the code required minimum side yard setback of 7.5
feet;3)dwelling exceeds the permitted sky plane as defined in Article I,Section 280-4 of the Town Code;4)dwelling
located less than the code required 100 feet from the top of the bluff, swimming pool located less than the code
required 100 feet from the top of the bluff; 6) accessory deck located less than the code required 100 feet from the
top of the bluff; 7) accessory deck located seaward of the top of the bluff; 8) gross floor area exceeding permitted
maximum square footage for lot containing up to 20,000 square feet in area; located at 310 the Strand,(Adj.to Long
Island Sound)East Marion,NY. SCTM#1000-21-5-5.
RELIEF REQUESTED: The applicant requests variances to demolish(as per Town Code definition)and reconstruct
a single-family dwelling and a new accessory in-ground swimming pool and to legalize(2)as-built accessory decks
at: 310 The Strand,East Marion,NY. SCTM#1000-21-5-5.
1. The proposed single-family dwelling, on this nonconforming 24,689 square foot lot (15,644 square foot
buildable land) in the Residential R-40 Zoning District, is not permitted pursuant to Article XXIII, Section
280-124,nonconforming lot,which states lots measuring 20,00-39,00 square feet in size allow maximum lot
coverage of 20%. The lot coverage is 24.02%.
2. The single-family dwelling is not permitted pursuant to the approved Pebble Beach subdivision which
required a minimum side yard setback of 7.5 feet. The proposed construction has a side yard setback of 7.2
feet.
3. The proposed single-family dwelling is not permitted pursuant to 280-208(A) which states, "Any building
or structure on any lot in the A-C,R-40, R-80, R-120, R-200, and R-400 Zoning Districts mut be within the
_sky plane." The proposed construction exceeds the permitted sky plane.
4.,__iThe proposed single-family dwelling, accessory in-ground swimming pool and(2)as-built accessory decks
_ are not permitted pursuant to Article XXII, Section 280-116A(1), which stated: "All building or structures
located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer
than 100 feet from the tip of such bluff." The dwelling has a setback of 97 feet to the top of the bluff. The
proposed swimming pool has a setback of 64 feet from the top of the bluff where 100 feet is required by
code. An accessory deck has a 0-foot setback to the top of the bluff, a second larger accessory deck is
seaward of the top of the bluff�
5. Lastly, the proposed single-family dwelling is not permitted pursuant to Article XXXVI, Section 280-
207A(b),which states;"the gross floor area shall not exceed the permitted square foot calculated as follows:
Lots containing up to 20,000 square feet of lot area; 2,100 square feet maximum plus 12.5% of the lot area
in excess of 10,000 square feet up to a total of 3,350 square feet maximum." The permitted gross floor area
is 2,805.6 square feet; however,the proposed gross floor area is 3,842 square feet.
AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity
with the code. The applicant on September 13, 2024, submitted a letter and a revised site plan(sheets S-1 and S-3)
increasing the setback of the swimming pool to 80 feet from the top of the bluff, reducing the size of the swimming
pool to 15 feet by 30 feet from 18 feet by 36 feet, and reducing the proposed lot coverage from 24.02%to 22.75%,
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#7891, Segouin
SCTM No. 1000-21-5-5
bringing the plan into more conformity with the Town Code. The representative's letter of September 13,2024 cites
the lot coverage in the original application as 25 percent and the original pool size as 20 feet x 40 feet. However,the
most recent Notice of Disapproval dated July 9, 2024 listed lot coverage as 24.02%, not 25% and the site plan
depicted the proposed pool size as 18 feet.x 36 feet. not 20 feet. x 40 feet.
ADDITIONAL INFORMATION: The following prior approvals from the Zoning Board of Appeals for swimming
pools less than the code required 100-foot minimum bluff setback were submitted in the same neighborhood:
ZBA File#4801 Approval to construct a pool 63 feet from the bluff
ZBZ File#4750 Approval to construct a 16 X 32 foot in-ground pool no less than 60 feet from the actual top
of the bluff.
ZBA File 4794 Approval to construct a 20 X 40 foot in-ground pool no less that 50 feet from the top of the
bluff.
ZBA File#5629 Approval to construct a 20 X 40 foot in-ground pool no less than 64 feet from the top of
the bluff.
ZBA File#6027 Approval to construct a 18 X36 foot in-ground pool no less than 70 feet from the top of the
Bluff.
Prior approvals in ZBA file#7867 and#7889 for exceeding the GFA and sky plane were also submitted
and for excessive lot coverage and sky plane in ZBA file#7875,#7878, and#7896
Five letters of support were received by the Board of Appeals from the applicant's neighbors.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on.this application on September 5,2024 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 4267-b(3)(b)(1). Grant of the variances as amended for the pool bluff setback and lot coverage will
not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The
subject neighborhood consists of large waterfront dwellings and numerous inground swimming pools, and the
proposed Gross Floor Area will enlarge the size of the existing dwelling to a home that is comparable in size and
appearance to other homes on the subject street. The existing non-confirming side yard setback will not cause a
problem as it is not being changed. The amended reduction of the lot coverage along with the denial herein of deck
structures on or seaward of the bluff which are located in the Coastal Erosion Hazard Area (CEHA) will further
reduce the excessive lot coverage to a minimal amount and reduce adverse impacts to the bluff per Town Code
requirements. The sky plan violation is existing and causes no problem to neighbors. The dwelling will remain 97
feet at the closest point(and a conforming 100 feet at the opposite corner) from the bluff and the plans for the in-
ground swimming pool have reduced the size of the pool to make the setback to the bluff 80 feet which is comparable
to other bluff setback relief in the neighborhood. Creating a refurbished dwelling and installing an in-ground
swimming pool will be in keeping with the surrounding residences and existing landscape screening along both side
property lines in the rear yard will provide visual privacy from adjoining properties for the proposed swimming pool.
2. Town Law U67-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 for the bluff setback of the dwelling and proposed pool
location. The applicant's existing dwelling is located 97 feet from the top of the bluff at the closest point so any
structure seaward of the dwelling will require variance relief. The pool has been reduced and extends the distance
from the bluff to 80 feet. The existing as built decks on and seaward of the bluff in the CEHA can be achieved
without variance relief since an at-grade permeable patio can provide a sitting area close to the bluff with comparable
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#7891, Segouin
SCTM No. 1000-21-5-5
water views. The pre- existing gross floor area of the as built dwelling is 3, 670 and already exceeds the maximum
permitted of 2,805 sq. ft. so any additional habitable space will require variance relief. The applicant's existing lot
coverage is 16.97%and the proposed second floor balcony(non-habitable space)and pool adds 7.5%but the footprint
of the renovated dwelling will remain the same since the proposal is to add a second story over the existing first floor.
The non-conforming side yard setback of the dwelling already exists and is not being further reduced but is proposed
to be maintained; and the existing house already violates the sky plane code and and the proposed second story will
therefore require variance relief.
3. Town Law 4267-b(3)(b)(3). The variances denied herein are mathematically substantial, representing 100%
relief from the code for the two as built decks that have not received prior approvals from the Board of Town Trustees.
The variances granted herein are substantial: for the lot coverage of 22.75% as amended represents 12% relief; the
80-foot bluff setback for the proposed swimming pool as amended represents 20% relief, and the proposed Gross
Floor Area of 3,842 sq. ft. represents 37%relief from the code. The bluff setback to the existing dwelling of 97 feet
represents 3% relief and is not substantial and the existing side yard setback of 7.2 feet represents 4% and is de
minimis. However,the proposed bluff setback for the pool,as built dwelling and lot coverage as amended are similar
to other setbacks and lot coverage in the area. Although other dwellings on the subject waterfront side of the
applicant's street are visually large by personal observation of the Board members during a site inspection,the Board
cannot ascertain the substantiality of the gross floor area relief in relation to other homes in the neighborhood, since
no GFA averaging in the immediate neighborhood, as permitted by code, was submitted by the applicant or their
representative.Nevertheless,the pre-existing GFA represents 30.8%relief while the proposed GFA represents 36.9%
which is an additional 6% but only adds an additional 172 sq. ft to the existing GFA which is not substantial. The
roof of the as-built dwelling is in violation of the sky plane and will be maintained but not enlarged in the proposed
improvements.
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,other than
the 2 decks located in the Coastal Erosion Hazard Area.The applicant must comply with Chapter 236 of the Town's
Storm Water Management Code.
5. Town Law 4267-1b(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 4267-1b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a reconstructed dwelling and in-ground swimming pool 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 Acampora, seconded by Member Dantes, and duly carried,
to
DENY as applied, for the two "as built" wood decks located at 0 feet setback to the top of the bluff and
seaward of the top of the bluff.
GRANT the variances as applied,for the side yard setback no less than 7.2 feet,the setback of the dwelling
from the top of the bluff no less than 97 feet, the roof of the dwelling exceeding the sky plane, and the
proposed gross floor area no greater than 3,842 square feet.
Page 5, September 19,2024
#7891, Segouin
SCTM No. 1000-21-5-5
Before applLing for a building permit, the applicant or agent must submit to the Board of Appeals for approval and
filing, two sets of the final site plan or survey, conforming to the 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 applicant shall install a Suffolk County Department of Health Services approved Innovative and
Alternative Wastewater Treatment System(I/A OWTS).
2. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be
contained in a shed type enclosure with a lot line set back that is in conformance with the bulk schedule
for accessory structures
3. Drywell for pool de-watering shall be installed.
4. The applicant shall remove the two decks located 0 feet from the top of the bluff and seaward of the top of
the bluff.
5. The applicant shall obtain approval for the amended plan as cited herein from the Town of Southold
Board of Trustees
6. The applicant shall submit two signed and sealed surveys or site plans depicting the relief granted
including the removal of the two decks indicated above.
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
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 nonconformides 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)
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#7891,Segouin
SCTM No. 1000-21-5-5
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)
&om
she Kanes Weisman Chairperson
rPerson
Approved for filing / / G /2024