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HomeMy WebLinkAbout7949 BOARD MEMBERS ��OF SOUr�o Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road•P.O. Box 1179 .� Southold,NY 11971-0959 Patricia Acampora T Office Location: Eric Dantes a0 Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOUNT`I+� Southold,NY 11971 � EI http://southoldtownny.gov RECEIVED�� -- ",V�ED ' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD SEP 2 4 202A Tel. (631) 765-1809 outhold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 19,2024 ZBA FILE# 7949 NAME OF APPLICANT: Soundhaus Hldgs LLC PROPERTY LOCATION: 2635 Soundview Ave. Mattituck,NY 11952 SCTM# 1000-94-1-12.1 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 July 16,2024 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 August 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 and therefore is INCONSISTENT with the LWRP. The LWRP report references two "as-built" decks which were constructed without proper permits being inconsistent with the LWRP. The "as built" structures do not meet LWRP policy 4.1 to minimize the losses of human life and structures from flooding and erosion hazards. By re-locating the drywell further from the bluff, removing the "as built"landing and deck located seaward of the top of the bluff, and establishing and maintaining a 22 feet non-turf landscape buffer, any potential adverse impacts will be mitigated. Therefore,this Board now determines that the proposed action is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 45,348 square foot waterfront property located in an R-40 Zoning District. The property runs 103.09 fronting the Long Island Sound along the northerly property line,runs 423.74 feet along the westerly property line,runs property runs 106.62 feet fronting Sound View Avenue along the westerly property line and runs 441.55 feet along the westerly easterly property line. The property is improved with a two-story frame dwelling and structures seaward of the top of the bluff. All is shown on a survey by L.K. McClean Associates P.C., stamped by Tamara L. Stillman, LS, last revised July 2, 2024. This survey has been revised and the Board considers this an Amended Application. Page 2,September 19,2024 #7949, Soundhaus Holdings,LLC/Jeremias SCTM No. 1000-94-1-12.1 BASIS OF APPLICATION: Request for Variances from Article XXII,Section 280-116A(1);Article XXIII, Section 280-124; and the Building Inspector's May 22, 2024 Notice of Disapproval based on an application for a permit to construct a deck and raised patio addition to include a hot tub and swimming pool addition to an existing single family dwelling and to legalize the expansion of a stair platform located seaward of the top of the bluff; 1)proposed construction located less than the code required 100 feet from the top of the bluff; 2) "as-built" platform located seaward of the top of the bluff,not permitted;3)proposed construction located less than the code required minimum side yard setback of 20 feet; located at: 2635 Soundview Avenue (Adj. to the Long Island Sound), Mattituck, NY. SCTM No. 1000-94-1-12.1. RELIEF REQUESTED: The applicant requests a variance to construct a deck and raised patio addition to include a hot tub and pool addition to an existing single-family dwelling and legalize the expansion of a stair platform seaward of the top of bluff. The construction shows the proposed construction located 52.3 feet from the top of the bluff where town code requires a minimum 100-foot setback from the top of the bluff. The applicant proposes to construct retaining walls with a raised patio at a side yard setback of 5.5 feet where town code requires a minimum 20-foot side yard setback. The applicant proposes to legalize "as-built" decks/landings located seaward of the bluff where Town Code requires structures to have a minimum 100 feet top of the bluff setback. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant,on September 5,2024,submitted a survey showing the placement of proposed drywells pursuant to LWRP recommendation, correcting the notated size of the swimming pool from 20 ft. X 32 ft. to 15 ft. by 32 ft., and bringing the plan into more conformity with the Town Code. ADDITIONAL INFORMATION: Site inspection and the aerial photographs show that the neighbor to the east of the subject property and the neighbor to the west of the subject property have swimming pools with a non-conforming bluff setback similar to the top of the bluff setback the applicant proposes. A neighbor to the east came to the hearing and made remarks about the application testifying that they are not necessarily against the application but are concerned with accuracy of the survey and the change in their view from their deck. The neighbors did not make a legal argument and the comments are irrelevant to this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 8,2024 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 U67-b(3)(b)(1). Grant of the variances for the proposed swimming pool,raised patio and retaining wall will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is a Long Island Sound front residential neighborhood in which swimming pools located in rear yards are characteristic. The pool will not be seen from the street or adjacent properties because the side property lines in the seaward rear yard are heavily screened with mature vegetation. Granting variance relief for the"as-built" decks set with negative bluff setbacks will produce an undesirable change in the character of the neighborhood because they contribute to bluff degradation. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue,other than an area variance. The applicant could build a swimming pool and patio in a code conforming front yard location. However, there are substantial slopes in the subject front yard that would require extensive land disturbance and retaining walls. Additionally, pools in front yards are not characteristic of the Page 3,September 19,2024 #7949, Soundhaus Holdings,LLC/Jeremias SCTM No. 1000-94-1-12.1 neighborhood. The subject decks/landings can be replaced with an at grade top of bluff patio that can provide comparable views to the LI Sound. 3. Town Law V67-b(3)(b)(3). The variances granted herein for the non-conforming top of bluff setback for the raised patio is mathematically substantial, representing 47.7% relief from the code. Establishing a 22-foot non-turf buffer,as shown on the survey submitted,will mitigate the environmental impacts of the swimming pool and patio's non-conforming bluff setback. The variance granted herein for the non-conforming side yard setback for the raised patio is mathematically substantial representing 72.5% relief from the code. However, the variance is for decks attached to the house, and a raised patio with swimming pool. The house is not sited parallel to the side property lines thereby creating a small side yard setback for the pool and pool cover which are designed to be attached and parallel to the dwelling The patio is less than two feet above grade and the applicant needs to build the raised patio in order to manage the storm water drainage. The proposed plan will keep storm water off of the neighbor's property and off of the bluff in order to comply with Chapter 236 of the Storm Water Management Code of the Town. The variances denied herein are for the"as-built"decks seaward of the top of the bluff and are mathematically substantial representing over 100%relief from the code. 4. Town Law V67-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 U67-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 for the decks attached to the house,raised patio,retaining wall, and swimming pool is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool and outdoor entertainment area while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Granted requested relief for the decks seaward of the bluff is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck 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 Dantes, seconded by Member Acampora, and duly carried, to GRANT the variances as applied for decks attached to the house,raised patio, retaining wall, and swimming pool, and shown on the survey prepared by Tamara L. Stillman, last revised September 4, 2024 and Architectural Plans prepared by Charles Angona,Architect, dated May 20,2024 labeled DE 1.1 and DE 2.1. and to DENY as applied for the variance for the"as built"landings and the decks located on and seaward of the top of the bluff. Before applying 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 Page 4, September 19,2024 #7949, Soundhaus Holdings,LLC/Jeremias SCTM No. 1000-94-1-12.1 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The submission of an updated survey depicting the removal of the seaward landing and deck. 2. The applicant shall maintain the 22 feet non turf buffer as depicted in the survey last revised September 4, 2024. 3. 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 setback that is in conformance with the bulk schedule for accessory structures. 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. Il"ORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Carefully Any deviation from the survey,siteplan 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 andpublic hearing before the Zoning Board ofAppeals. 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 reliefgranted 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) Leslie Kanes Weisman, Chairperson Approved for filing 5 /�1 /2024