HomeMy WebLinkAbout7940 BOARD MEMBERS ��OF so yo 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. ��,j. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento Couv,� Southold,NY 11971
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ZONING BOARD OF APPEALS SEP 2 4 202A
TOWN OF SOUTHOLD
Tel. (631) 765-1809 ✓
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FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 19, 2024
ZBA FILE: #7940
NAME OF APPLICANT: Alexander and April White
PROPERTY LOCATION: 230 Kimberly Lane, Southold,NY 11971 SCTM: 1000-70-13-20.19
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 June 28, 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: 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.
PROPERTY FACTS/DESCRIPTION: The subject,conforming,rectangular-shaped,47,022.00 square feet, 1.1 acre
parcel in the R40 Zoning District measures 149.99 feet along Kimberly Lane, then runs west 309.69 feet along a
residentially developed lot,then runs north 150.06 feet along North Bayview Road (with no access permitted),then
returns east 315.92 feet back to the roadway. The parcel is developed with a two story frame house with attached
garage, a roof over front entry porch, an attached pergola and a raised wood deck at the back of the residence, an
attached outdoor shower, masonry brick and block walkways, an asphalt driveway, air compressors for central air
conditioning,a dry stacked stone wall along the Kimberly Lane, a masonry block patio and firepit,an inground pool
measuring 20 feet by 40 feet with a stone patio surround, metal pool fencing, a chain link fence along the perimeter
of the property behind the residence, and three(3)easements: an easement for well &water lines for the lots on the
easterly side of Kimberly Lane on the subject lots northern and southern lot lines,and a 20 feet buffer"area to remain
in its natural state/no access to North Bayview Road",as shown on the survey prepared by Nathan Taft Corwin,III,
Licensed Land Surveyor, and dated October 12,2023.
BASIS OF APPLICATION: Request for a Variance from Article XXXVI, Section 280-207A(e) and the Building
Inspector's May 7, 2024, Notice of Disapproval based on an application for a permit to construct additions and
alterations to existing single family dwelling; 1) gross floor area exceeding permitted maximum square footage for
lot containing up to 80,000 square feet in area; located at: 230 Kimberly Lane, Southold,NY. SCTM No. 1000-70-
13-20.19.
Page 2, September 19,2024
#7940, White
SCTM No. 1000-70-13-20.19
RELIEF REQUESTED: The applicant requests a variance for the conversion of a portion of the conforming front
covered porch, measuring 10 feet by 13.11 feet, for an additional 140 square feet of conditioned living area to
accommodate an extension to the existing kitchen and dining room as part of an overall updating of the residence
and reallocation of living space. As the result of the recently adopted Gross Floor Living Area(GFA) calculations,
as defined in Chapter 280. Zoning Article XXXVI. Residential Dwelling Size Limits [amended 12-13-2022] § 280-
207(2)(c)for lots containing up to 80,000 square feet in lot area: a maximum conditioned home size of 5,100 square
feet plus 5%of the lot area in excess of 40,000 square feet up to an area of 7,100 square feet maximum. The permitted
gross floor area for this lot is 5,451.1 square feet. The proposed gross floor area is 5,864 square feet; representing
an overage of 413 square feet greater than allowed by the code.
ADDITIONAL INFORMATION: The existing residence, was constructed before the adoption of this restriction,
and currently exceeds the allowable GFA by 273 square feet.
The applicant provided architectural drawings, including a site plan,site data,existing and proposed floor plans, and
elevations labeled ZBA-01 through ZBA-06 prepared by Anthony M. Portillo, Registered Architect and dated May
13,2024.
Improvements on this parcel are covered by the following Certificate of Occupancy:
#Z-17949 dated April 14, 1989 covering the construction of a new dwelling with attached garage and
decks.
#Z-24519 dated July 25, 1996 covering a garage and deck addition to an existing dwelling.
#Z-33265 dated September 11, 2008 covering a bathroom alteration to an existing dwelling.
#Z-33564 dated February 25,2009 covering alterations and additions including a deck,trellis covered
deck, screened porch and covered entry.
#Z-39264 dated October 4, 2017 covering an accessory inground swimming pool,fenced to code.
The applicant provided examples, calculating GFA of neighboring homes located in the Paradise by the Bay
subdivision or immediate area illustrating an average livable floor area of 7,567 square feet. These calculations did
not indicate the lot size for each parcel highlighted. It is common knowledge that the homes in the Paradise by the
Bay subdivision are substantially larger than most other residences in the immediate community.
The subject parcel is well landscaped with mature deciduous and evergreen plantings.
No member of the public, or an immediate neighbor, spoke in favor of or against this application.
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&267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The Paradise by the Bay subdivision, where the subject property
is located is a luxury bayfront community created in the late 1970's with large homes built around the original,pre-
subdivision, estate house. While not all homes are directly on the Peconic Bay,there is a deeded access beach that
upland homes enjoy access to. The applicant's parcel is well landscaped and the expansion of additional living space
onto an existing covered front porch, for an addition of 140 square feet, will not be discernable to those passing by
or using the public roadway as the structure already exists and is covered by an existing Certificate of Occupancy.
Page 3, September 19,2024
#7940,White
SCTM No. 1000-70-13-20.19
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. The existing home exceeds the lots allowable Gross Floor
Area by 273 square feet; any addition for conditioned living space will require variance relief from Chapter 280.
Zoning Article XXXVI. Residential Dwelling Size Limits § 280-207 (2)(c). Mitigating this relief, the applicant
proposes converting a portion of an existing front porch and not adding any new construction to the site.
3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 7.5%relief
from the code. However,that calculation is based on the overall `overage' of 413 square feet more than the site can
accommodate based on the current GFA calculation. In actuality, the `overage' is 140 square feet, or 2.5% more
than the site allows, which is not mathematically substantial, because the house exists in its present form over the
allowable GFA and has a valid Certificate of Occupancy on all improvements. No discernable difference in the
structure will be observed by those unfamiliar with the code in granting relief for an additional 140 square feet.
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.
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 a portion of the front covered porch to be converted to habitable space, measuring
10 feet by 13.11 feet, for an additional 140 square feet of conditioned living area to accommodate an extension to
the existing kitchen and dining room 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-B,motion was offered by Member Planamento,seconded by Member Lehnert,and duly carried,
to
GRANT the variance as applied for,and shown on the architectural drawings,including a site plan,site data,existing
and proposed floor plans, and elevations labeled ZBA-01 through ZBA-06 prepared by Anthony M. Portillo,
Registered Architect and dated May 13, 2024.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Remaining porches, decks, garages, unconditioned areas and accessory structures may not be converted to
living space. There may be no further expansion of the Gross Floor Living Area.
This approval shall not be deemed effective until the required conditions have been met.At the discretion of the
Board of Appealsfailure 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.
Page 4, September 19,2024
#7940,White
SCTM No. 1000-70-13-20.19
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)
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Leslie Kanes Weisman, Chairperson
Approved for filing 6 /2024