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HomeMy WebLinkAbout7920 BOARD MEMBERS ��OF so yo Southold Town Hall Leslie Kanes Weisman, Chairperson ti0 1p 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. ��. 54375 Main Road(at Youngs Avenue) Nicholas Planamento COS +� Southold,NY 11971 RECEIVED http://southoldtowrmy.gov L �j ,d, (5 "*.SXA.M. ZONING BOARD OF APPEALS OCT „8 TOWN OF SOUTHOLD Tel. (631) 765-1809 Southold TOWn Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 3,2024 ZBA FILE#7920 NAME OF APPLICANT: Jonathan Presseau PROPERTY LOCATION: 2905 Stillwater Avenue,Cutchogue,NY SCTM No. 1000-136-2-4 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 March 18, 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 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. The accessory structure is located within the FEMA AE Flood Zone and subject to damage and loss due to storm events and tidal surges. The Parcel is located within the Coastal Erosion Hazard Area. The proposed 25% lot coverage on the parcel is contrary to preventing loss of structures near hazards. Structures within these areas are subject to repetitive loss from storm surge-induced erosion events and should be avoided and/or minimized. (NOTE CORRECTION: the Notice of Disapproval and the Proposed Site Plan with calculations for lot, coverage submitted by the applicant's architect both list the proposed lot coverage as 26.5%.). Based upon the denial herein for the proposed lot coverage and the granting of alternative relief for lot coverage,the Board now finds the proposed action to be CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The property is a 18,920 square foot (with 12,930 square feet of buildable area)dredged canal front property located in an R-40 zoning district. The property runs 102.89 feet along East Creek (AKA Eugene's Creek), runs 190.00 feet along the westerly property line, runs 100.00 feet along the southerly property line, and runs 200.00 feet along the easterly property line. The property is improved with a two-story dwelling with attached garage,a deck,a ramp,a shed,and a stone wall. All is shown on a survey prepared by Martin Alexander Read,L.S., last revised January 5,2024. BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207A(b); and the Building Inspector's February 14, 2024 Notice of Disapproval based on an application for a Page 2,October 3,2024 #7920,Presseau SCTM No. 1000-136-2-4 permit to construct additions and alterations to a single family dwelling and to legalize the "as built" addition and "as built" shed addition, at; 1) located less than the code required minimum side yard setback of 10 feet; 2) more than the code permitted maximum lot coverage of 20%; 3) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at: 2905 Stillwater Avenue(Adj.to East Creek), Cutchogue,NY. SCTM No. 1000-136-2-4. RELIEF REQUESTED: The applicant requests variances to legalize an "as-built" deck addition and shed with a side yard setback of 8.2 feet where town code requires a 10-foot minimum side yard setback, and to make additions and alterations that will result in lot coverage of 26.5 %where town code permits a maximum of 20% lot coverage. The applicant proposes construction that will result in a gross floor area of 4,370.30 square feet where town code permits a maximum 2,466 square feet of gross floor area on lots containing up to 20,000 square feet of area. The proposed gross floor area exceeds the permitted amount by 1,904.05 sq. ft. ADDITIONAL INFORMATION: The applicant has the benefit of Certificate of Occupancy Z 18555 certifying legal status for a one family dwelling with a deck. Review of Building Department plans for that Certificate of Occupancy show that the"as-built"rear deck, 2nd story deck, and"as-built"ramp are included, but that the"as-built" shed and "as-built" side yard deck are not legalized with that Certificate of Occupancy. In support of the application for the variance from the code permitted maximum gross floor area of 2,466 square feet, on July 31,2024 the applicant's agent/architect submitted a narrative analysis of the GFA of eight nearby properties in the "immediate area." Upon review of the map submitted with this narrative, the Board determined that the applicant's agent submitted specific lots yet declined to submit other lots which are closer to the applicant's home. The applicant's agent stated that he did not list all of the developed parcels surrounding the applicant's home because there is insufficient data in town records to determine their GFA's. Many of the parcels listed were not in proximity to the subject parcel and some were on different streets. With several lots close to the applicant's home unlisted in the GFA analysis the ZBA was unable to determine the true GFA average. Part of the reason for the code permitting GFA averaging is to look at the streetscape to try to have the parcels and house sizes generally conform to the character of the neighborhood. With this in mind, to further assist the agent in submitting GFA averaging by more clearly defining the "immediate neighborhood," the ZBA prepared and gave to the applicant's agent/architect, guidelines for GFA averaging which define the immediate area as the immediate 5 (five)developed parcels on both sides of the subject property in both directions, and the parcel directly across the street and their 5 (five) developed parcels in both directions.The Board also requested photographs of the streetscape in both directions.On September 3,2024,the applicant's architect submitted a new analysis of GFA averaging based upon the ZBA guidelines, along with the requested streetscape photos. 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 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 for the proposed GFA will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is an older neighborhood consisting of single-family waterfront homes with both larger homes and smaller seasonal residences. Homes of the homes in the neighborhood conform to the allowable permitted lot coverage and allowable GFA (gross floor area) or average GFA per Town Code. However, maintaining the existing non-conforming lot coverage of 22.9% and side yard setback of 8.2 ft. for an existing attached shed and deck will not be a detriment to the character of the neighborhood because the excessive lot coverage is not visually discernable and the shed and deck in the side yard are set well back from the street and are adjacent to an undeveloped lot. Page 3,October 3,2024 #7920,Presseau SCTM No. 1000-136-2-4 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved, in part, by some method, feasible for the applicant to pursue,other than an area variance. The applicant can choose to use the 22.9%alternative relief for lot coverage, as granted herein, to remove the existing shed in the side yard and the existing ramp. This choice will not only remove the need for a side yard setback variance for the shed, it will also reduce the existing lot coverage to 19.4%. The applicant may then choose to construct,without adding habitable space,the proposed front porch and steps and proposed one-story garage addition,which represent 2.9% lot coverage for a total lot coverage of 22.3%which is a de minimis difference from the alternative relief for lot coverage grated herein. 3. Town Law 4267-b(3)(b)(3). The variances requested herein are mathematically substantial. The variance for the side yard setback represents 18% relief from the code. However, the adjacent property is undeveloped and the non-conforming side yard setback is to a small deck and a 7 ft.x 7 ft. shed that is attached to the side of the garage and used only for storage. The variance for the requested 26.5% relief for the proposed lot coverage is substantial representing 32.5%. The alternative relief for lot coverage of 22.9% granted herein is mathematically substantial representing 12.5% relief from the code. However, the non-conforming lot coverage of 22.9 % is existing. The variance denied herein for the proposed GFA of 4,370.3 sq. ft. is mathematically substantial representing 77%relief from the code and is not supported by the submission of GFA averaging in the immediate subject neighborhood. Pursuant to Town Code Section 280-207 (A) (2) C, the Board of Appeals may only grant a variance for excessive GFA that does not exceed the average GFA of dwellings in the immediate area as defined by the Zoning Board of Appeals. The ZBA provided guidelines that defined the immediate area for the applicant's architect/agent who submitted an analysis that determined the average GFA in the immediate area to be 2,863 square feet. Therefore,the Board cannot approve a variance for the Gross Floor area as applied for. The applicant's agent also requested that the Board consider the fact that not all of the property can be used to calculate the GFA since land under water is not counted in the total coverage, as only upland is used for calculation. This, however, is applicable to all property owners wishing to increase GFA and exceed the permitted lot coverage, as written in the code. The Board did not find this to be a hardship they must consider. 4. Town Law 4267-b(3)(b)(4).-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's proposed GFA is well beyond the GFA average in the immediate neighborhood,which purpose is to keep house size in scale relative to lot size and neighborhood character. Applicants lot coverage request also has an environmental and physical impact,as noted in the LWRP recommendations,because the property is located on a body of water. 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 alternative relief for 22.9 %coverage and a side yard setback of 8.2 feet, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated home 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 Weisman(Chairperson),seconded by Member Planamento, and duly carried,to DENY as applied for the proposed Gross Floor Area, GRANT as applied for the side yard setback, and GRANT ALTERNATIVE RELIEF for a lot coverage of 22.9% Before applying for a building permit, the applicant or agent must submit to the Zoning Board of Appeals for approval and filing, two sets of the final site plan, architectural drawings with a recalculation of lot coverage and Page 4,October 3,2024 #7920,Presseau SCTM No. 1000-136-2-4 gross floor area conforming to the alternative 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 submission of two sets of revised signed and sealed Site Plans and Architectural Plans showing the relief both granted and denied herein. 2. The attached one-story garage may not be converted to conditioned habitable space. 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 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 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)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,and Acampora.(4-0)(Member Lehnert Absent) L e Kane4 Weisma , Chairperson Approved for filing /0 / /2024