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HomeMy WebLinkAbout7964 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex *0 so yo P.O.Box 1179 54375 State Road Route 25 ,`O l0 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY y Telephone: 631 765-1809 • �OQ http://southoldtownny.gov c4UNT`1,� ZONING BOARD OF APPEALS Town of Southold REC VED FINDINGS, DELIBERATIONS AND DETERMINATIO AN 2 8 2025 MEETING OF JANUARY 23,2025 _ XILO�� ZBA FILE 7964 Southold Town Clerk NAME OF APPLICANT: Pote Videt/MDC Trust PROPERTY LOCATION: 2515 Soundview Avenue, Peconic,NY SCTM No. 1000-68-1-8. 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 September 13,2024 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 December 2, 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. However, the house is existing and the proposed addition is located on the landward side of the home as far from the top of the bluff as possible and will include gutters and leaders for proper site drainage,and,with the conditions imposed herein the ZBA now finds that proposed action to be CONSISTENT with the LWRP. The proposed wood deck seaward of the top of the bluff which will replace an existing concrete slab/patio is INCONSISTENT with the LWRP and "it is recommended to be relocated landward of the top of the bluff to the furthest point practicable to reduce the risk of property loss from potential erosion in the future." PROPERTY FACTS/DESCRIPTION: The property is a conforming 104,109 square foot waterfront parcel located in an R-40 Zoning District. The property runs 105.58 feet fronting the Long Island Sound along the northerly property line, runs 88.00 feet along Soundview Avenue, runs 895.00 feet on the West side, and run 890.00 feet on the East side. The property,is improved with a one-story house, an accessory garage, a bath house, a shed and a concrete patio. All is shown on a survey by Ralph Heil,LLS, of Arial Land Surveying dated May 25, 2023. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-14; Article XXII, Section 280- 116A(1); and the Building Inspector's June 14, 2024, Amended July 3, 2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at; 1) less than the code required minimum side yard setback of 20 feet; 2)proposed construction located seaward of the top of the bluff,not permitted; located at: 2515 Soundview Avenue,Peconic,NY. SCTM No. 1000-68-1-8. Page 2,January 23,2025 #7964,Pote Videt/MDC Trust SCTM No. 1000-68-1-8 RELIEF REQUESTED: The applicant requests variances to make additions and alterations to an existing home, including a wood deck seaward of the top of the bluff where Town Code requires that structures be set back a minimum of 100 feet from the top of the bluff; and a landward addition to the dwelling that will result in the home maintaining an existing side yard setback of 19 feet 6 inches where town code requires a minimum 20-foot side yard setback. ADDITIONAL INFORMATION: The applicant testified that they had a pre-submission meeting with the Southold Town Board of Trustees at the subject property. The Board of Trustees inspection report, dated August 8, 2023, states that the applicant shall "Pull back Eastern edge of deck in line with retaining wall. Remove concrete and manage draining". During the public hearing, the Board requested that the applicant submit a demolition plan and an engineered plan showing how the existing concrete slab and retaining wall will be securely removed, so not to further damage the bluff. On December 18,2024 the ZBA received a letter from the applicant's architect confirming that further review of the proposed project with the Building Department Plans Examiner confirmed that the proposed additions and alterations to the subject dwelling will not constitute over 50% demolition, since most of the structure can be salvaged,and is therefore not a demolition per town code definition. The applicant's attorney submitted a letter dated December 13, 2024 from Steven L. Maresca, P.E. confirming that the concrete slab seaward of the dwelling along the top of the bluff does not have a retaining wall;that the slab was never intended to stabilize the slope; and that the slab is detrimental to the stability of the ground slope and should be removed. On December 17, 2024 the ZBA received a letter from Kate Rummel, Principal of Cole Environmental Services, Inc., confirming a discussion with the Southold Town Board of Trustees stating that if retaining walls are necessary for bluff stabilization,the Trustees will require same as part of their approval. On December 18, 2024 the applicant's attorney submitted revised architectural plans dated ZBA Dec. 7, 2024 deleting the erroneous reference to a retaining wall. The Board received a letter of support from an adjacent neighbor FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 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 will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood on the north side of Soundview Avenue consists of waterfront homes along Long Island Sound located on narrow, deep, and heavily wooded lots with substantial slopes. The homes are all close to the buff and setback far from the street and difficult to see from Soundview Avenue. The subject lot is 2.4 acres with approximately one acre of buildable area.The subject dwelling is a small, 880 square foot seasonal bungalow developed prior to zoning, which is proposed to be renovated and enlarged for year-round use with a modest 560 square foot addition, similar to many other small bungalows on Soundview that have been redeveloped over time as larger modernized homes. The proposed house addition is landward of the existing dwelling with a proposed wood deck located seaward of the bluff. The proposed non- conforming side yard setback matches the house existing side yard setback and will not be visible from the street. 2. Town Law V67-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 house is pre-existing non-conforming to current zoning code setbacks for the side yard and bluff. The entire as-built dwelling is less than the minimum 100 feet top of bluff setback; therefore, any proposed addition and alteration will require the benefit of variance relief. Although the applicant could add an addition to the home that meets the code conforming side yard setback,the requested relief is for six inches,which is de minimus in nature,and, granting the relief will allow the walls of the old structure to line Page 3,January 23,2025 #7964,Pote Videt/MDC Trust SCTM No. 1000-68-1-8 up with the extension. The applicant can relocate the proposed seaward wood deck to a more code conforming location away from the top of the bluff or install at grade pervious pavers for an outside sitting area. 3. Town Law V67-b(3)(b)(3). The variance denied herein for the non-conforming top of bluff setback is mathematically substantial, representing 100% relief from the code. The variance granted herein for the non- conforming side yard setback is not mathematically substantial representing 2.5%relief from the code. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance for the side yard setback 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 the addition will maintain the preexisting non-conforming setback which will be imperceptible since it is a de minimus variance. While the proposed removal of the impermeable concrete slab/patio seaward of the top of the bluff will be an environmental improvement over existing conditions, replacing it in kind with a permeable wood deck, although also an environmental improvement, is inconsistent with the LVW and best management practices to protect naturally regulated features like bluffs. 5. Town Law V67-b(30)(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 variance relief for the side yard setback is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated and enlarged home while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community Grant of the variance relief for the proposed seaward deck is NOT the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an outdoor sitting area 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 Weisman(Chairperson), seconded by Member Steinbugler, and duly carried,to DENY as applied for the proposed wood deck seaward of the top of the bluff and GRANT as applied for the side yard setback of 19 feet, 6 inches as shown on the Architectural Plans prepared by Katherine Jean Samuels,Registered Architect, last revised December 7,2024, and labeled A-200.00, and A-201.1, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The septic system on the subject property must be approved by the Suffolk County Department of Health Services. 2. The applicant shall obtain approval from the Southold Town Board of Trustees for the removal of the existing concrete slab located seaward of the dwelling, including stabilizing the bluff, and shall submit a revised signed and sealed site plan to the Zoning Board of Appeals showing same. 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 Page 4,January 23,2025 #7964,Pote Videt/MDC Trust SCTM No. 1000-68-1-8 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, provided de minimis relief is requested within one year of the date of this decision. Any time after one year, the Board may require a new application. IMPORTANT LIMITS ON THE APPROVAL(S)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) 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),Planamento,Acampora,Lehnert and Steinbugler(5-0) /,�� i yx'or Leslie Kanes Weisman,Chai erson Approved for filing 1 /0� /2025