HomeMy WebLinkAbout7944 BOARD MEMBERS *1 SUUr�� 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 �pQ Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento yCOU Southold,NY 11971
http://southoldtownny.gov RECEIVE®
ZONING BOARD OF APPEALS 7l
TOWN OF SOUTHOLD OCT - 8
Tel. (631) 765-1809
Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 3,2024
ZBA FILE: #7944
NAME OF APPLICANT: Thomas Bradford
PROPERTY LOCATION: 3755 Bay Shore Road, Greenport,NY 11944 SCTM: 1000-53-6-17
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: 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 September 12,2024.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 of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development.
The proposed 22.4 percent lot coverage on the parcel is contrary to fostering a pattern of development in the
Town of Southold that enhances community character, setting a precedent in a neighborhood. Structures
exposed to waterbodies are risk and,therefore, should be minimized in size and scale.
As a result of the proposed site's redevelopment and `technical' demolition, not including any addition to the
waterside of the dwelling, or creating any additional ground disturbance while maintaining the full structure in the
Federal Emergency Management Agency (FEMA) designated Zone X, along with the installation of a proposed
Innovative/Alternative Onsite Wastewater Treatment System,the Board finds the proposed action CONSISTENT
with the LWRP.
Page 2,October 3,2024 ,
#7944,Bradford
SCTM No. 1000-53-6-17
PROPERTY FACTS/DESCRIPTION: The subject, rectangular-shaped, non-conforming, 7,401.00 square feet
(6,977 square feet buildable), .2 acre parcel in the R40 Zoning District measures 50.00 feet along Bay Shore Road,
then runs east 147.97 feet along a residentially developed lot to the north,then runs south 50.00 feet along the Shelter
Island Sound(part of the Peconic Bay),and returns west 148.08 feet along a residentially developed lot to the south.
The subject lot is developed with a 1.5-story wood frame residence with an attached waterside wood deck,concrete
and brick paths leading to access stoops, a concrete driveway/parking pad, and a timber bulkhead running the width
of the lot at the shoreline, as shown on the survey prepared by Jason D. Leadingham, Licensed Land Surveyor and
last updated March 19,2024.
BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section
280-207;Article XXXVI, Section 280-208;and the Building Inspector's May 23,2024,Notice of Disapproval based
on an application for a permit to demolish an existing single-family dwelling and construct a new two-story single
family dwelling; 1) located less than the code required minimum front yard setback 35 feet; 2) located less than the
code required minimum side yard setback of 10 feet;3)more than the code permitted maximum lot coverage of 20%;
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 I, Section 280-4 of the Town Code; located
at: 3755 Bay Shore Road,Greenport,NY. SCTM No: 1000-53-6-17.
RELIEF REQUESTED: The applicant requests five (5)variances for the demolition of a single family dwelling to
build a new two-story dwelling measuring 24 feet by 63.4 feet with an overall height of 32.5 feet with an attached
garage and waterside deck, including:
1. Gross Floor Area (GFA) of 2,243 square feet, where the code limits the GFA to a maximum of 2,100
square feet for lots containing up to a maximum of 10,000 square feet in buildable area(the subject lot
buildable area is 6,977 square feet). The applicant seeks 143 square feet in habitable area over the
permitted GFA.
2. The proposed construction must be within the Sky Plane. As designed,the site's redevelopment includes
penetration of the Sky Plane.
3. Lot coverage for the R40 Zoning District limits all improvements to a maximum of 20% lot coverage;
as proposed, the site's redevelopment includes excessive lot coverage totaling 22.4% of the buildable
area.
4. Front yard setback for the R40 Zoning District requires a minimum of 35 feet;as proposed the front yard
setback will be 25 feet.
5. Single side yard setback for the R40 Zoning District requires a minimum of 10 feet; as proposed the
single side yard setback is 7.5 feet.
AMENDED APPLICATION:, During the.public hearing, the applicant was asked to bring the plan into more
conformity with the code. The applicant on September 10,2024 submitted a plan,labeled ZBA-01 through ZBA-04
prepared by Anthony Portillo,Architect,and dated September 9,2024,increasing the single side yard setback to10.6
feet(from 7.5 feet), and thereby removing the need for a single side yard setback variance request. In so doing,the
applicant also removed the need for a second variance, relative to the penetration of the Sky Plane; in moving the
house slightly, the proposed Sky Plane became conforming. Lastly, the applicant removed the rear, waterside deck
and proposed an on-grade patio,thereby removing the need for a lot coverage variance,as the proposed lot coverage
of 19.2%which falls within the allowable 20%permitted coverage. The request for two variances remain:
1. Front yard setback of 25 feet where the Code requires a minimum of 35 feet.
2. Gross Floor Area of 2,243 square feet where the Code limits the GFA to a maximum of 2,100 square
feet for lots containing a maximum of 10,000 square feet of buildable area. The applicant after
researching the average GFA has determined that the allowable GFA exceeds the average GFA in the
area.
Page 3,October 3,2024
#7944,Bradford
SCTM No. 1000-53-6-17
ADDITIONAL INFORMATION: The applicant provided architectural plans labeled ZBA-01 through ZBA-06
prepared by Anthony M.Portillo,Registered Architect and dated May 28,2024. These plans include: proposed site
plan, various tables of zoning data and regulations, existing floor plans and demolition notes, existing elevations,
proposed floor plans and elevations, and GFA and Sky Plan documentation.
The applicant proposes as part of the project to update the dwellings sanitary system with an Innovative/Alternative
Onsite Wastewater Treatment System to be located between the residence and the public roadway.
The applicant provided examples of prior relief granted by the Zoning Board of Appeals for homes within the Bay
Shore Community, including files:
#4994 dated October 12,2001 #6631 dated March 28, 2013 #7691 dated August 23,2022
The applicant provided documentation of the average dwelling GFA for the immediate community to be 1,921.5
square feet, citing 13 properties. This information was updated by the applicant, received September 10, 2024,
following ZBA Guidelines for calculating GFA Averaging, illustrating an average GFA of 2,000 square feet for the
21 properties within the guidelines area.
The existing improvements on the site are covered by Certificate of Occupancy#Z-3973 dated September 23, 1970.
One letter of support was received relative to this application. No other 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(closed during the
Zoning Board of Appeals"Special Meeting on September 19,2024 after receipt of an AMENDED application)at
which time written and oral evidence was 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 a demolition and construction of a new dwelling including
a reduced front yard setback of 25 feet, where a minimum of 35 feet is required, and relief for an excessive GFA
with an `overage' of 143 square feet(based on averaging 2,000 square feet where 2,100 square feet is allowed by
Code and 2,243 square feet as proposed),will not produce an undesirable change in the character of the neighborhood
or a detriment to nearby properties. The addition of a full second story, a front entry porch, an attached one-story
garage, and an at-grade waterside patio (not requiring Board relief of any sort) are characteristic of the design of
other homes on Bay Shore Road. Non-conforming front yard setbacks are typical in this neighborhood which is
characterized by small, less then code conforming, narrow lots. Relative to excessive GFA, the increase of 143
square feet over the allowed 2,100 square feet will not be discernable to those passing by on the roadway or from the
Shelter Island Sound.
2. _Town Law&267-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 residence has non-conforming setbacks,
including a single side yard setback of 4.9 feet where the code requires a minimum of 10 feet and a combined side
yard setback of 18.4 feet where the code requires a minimum of 25 feet. By redeveloping the site, the applicant
proposes to make the new dwelling more code-conforming,including complying with side yard setbacks as required.
However,because the applicant proposes to.add an attached garage, common to other homes in the immediate area,
the existing front yard setback of 59.8 feet, where a minimum of 35 feet is required by code, is reduced to 25 feet.
In order to add a garage,whether attached or as an accessory structure, some form of relief will be required for this
site. Reduced front yard setbacks for accessory structures are common in the general area. Additionally,the increase
Page 4,October 3,2024
#7944,Bradford
SCTM No. 1000-53-6-17
of the GFA by 143 square feet is minimal and while the applicant could comply by reducing the overall square
footage of the dwelling,,the amount of relief requested is minimal and not discernable.
3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 28.6%
relief from the code relative to a reduced front yard setback of 25 feet where a minimum of 35 feet is required and
6.8% relief from the code relative to excessive GFA of 143 square feet where the maximum GFA allowed for this
lot is 2,100 square feet of habitable living space. However, the applicant has redesigned the project to remove
multiple variances, has illustrated by GFA averaging that the excessive habitable space is not detrimental to the
community and that the addition of an attached garage is common to other residences in the immediate community,
as supported by examples of prior relief granted along Bay Shore Road.
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 and receive approval from
the Town of Southold Board of Trustees.
5. Town Law 4267-b(3)(b)(5). The difficulty has 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 new two-story dwelling measuring 24 feet by 63.4 feet with an overall height of
32.5 feet with an attached garage and waterside patio with a front yard setback of 25 feet and a GFA of 2,243 square
feet 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 Weisman(Chairperson),
and duly carried,to
GRANT the variances,AS AMENDED and as applied for,and shown on the architectural plans, labeled ZBA-0I
through ZBA-04 prepared by Anthony Portillo,Architect,and dated September 9,2024.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The applicant shall receive Town of Southold Board of Trustees approval for the site's redevelopment as
shown on the amended application.
2. The applicant shall install a Suffolk County Board of Health-approved Innovative / Alternative Onsite
Wastewater Treatment System.
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.
Page 5,October 3,2024
#7944,Bradford
SCTM No. 1000-53-6-17
IMPORTANT LIMITS ON THE APPROVALS) GRANTED HEREIN
Please Read Carefullv
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, and Acampora. (4-0)(Member
Lehnert Absent)
1_
#*"
Leslie Kanes Weisman,Chairperson
Approved for filing /Q/ /2024