HomeMy WebLinkAbout7975 BOARD MEMBERS ��0f 80�/jyO Southold Town Hall
Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road•P.O. Box 1179
Patricia Acampora Southold,NY 11971-0959
Robert Lehnert, Jr. Office Location:
Nicholas Planamento G,'�c► • �OQ Town Annex/First Floor
Margaret Steinbugler CDU 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
http://southoldtownny.gov RECEIVED
ZONING BOARD OF APPEALS G3:�
TOWN OF SOUTHOLD
Tel. (631)765-1809 FEB 2 5 2025
Adolaw�ne
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY 20,2025
ZBA FILE: 7975
NAME OF APPLICANT: Stritzler Family Trust
PROPERTY LOCATION: 955 Soundview Avenue,Mattituck,NY SCTM No. 1000-94-1-8
SEORA 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 October 10, 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. In
addition,the agency commented that no stormwater runoff shall result from-the proposed development and
site improvement and shall not be discharged into the adjoining body of water.
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 18, 2025.
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, (Policy#1) and therefore is INCONSISTENT with the LWRP. The
structures were constructed without obtaining required permits, the proposed lot coverage exceeds the
percentage permitted and does not minimize adverse effects of development in a coastal location.
Furthermore, the 3.4 feet setback of the deck from the top of the bluff is not supported by LWRP Policies
1 and 4, indicating that it should not be placed seaward of the Coastal Erosion Hazard Area. The Board
upholds the determination of INCONSISTENCY for the proposed lot coverage and as built accessory deck
in the Coastal Erosion Hazard Area but determines that, with the conditions imposed herein, the as built
seaward deck addition and deck and sauna in the side yard can be mitigated to make them conforming with
the LWRP.
PROPERTY FACTS/DESCRIPTION: The property is a nonconforming 37,291 square foot waterfront
parcel (buildable 23,001 sq, ft.) located in an R-40 Zoning District. The property measures 100.52 feet
along the northerly property line, fronting Long Island Sound, measures 383.77 feet along the easterly
Page 2,February 20,2025
#7975, Stritzler
SCTM No. 1000-94-1-8
property line, measuring 100.55 feet along the southerly property line, fronting Sound View Avenue, and
374.00 feet along the westerly property line. The property is improved with a two-story house with attached
front and rear decks,and an inground swimming pool,a wood walkway with a deck,a deck in the side yard
with a sauna,and a 8.4 ft by 12.4 ft.shed. All is shown on a survey by Donald J.Metzger,L.S.,last revised
on June 25, 2023
BASIS OF APPLICATION: Request for Variances from Article XXII, Section 280-116A; Article XXIII,
Section 280-124; and the Building Inspector's August 27, 2024 Notice of Disapproval based on an
application for a permit to construct additions and alterations,to legalize an"as built"deck addition with a
sauna attached to an existing single family dwelling, and to legalize an"as built" accessory deck; at; 1) as
built deck addition is located less than the code required 100 feet from the top of the bluff; 2) "as built"
accessory deck is less than the code required 100 feet from the top of the bluff; 3)"as built"deck addition
located less than the code required minimum side yard setback of 15 feet; 4) "as built" and proposed
construction more than the code permitted maximum lot coverage of 20%; located at: 955 Soundview
Avenue, (Adj.to the Long Island Sound)Mattituck,NY. SCTM No. 1000-94-1-8.
RELIEF REQUESTED: The applicant requests a total of four variances to construct,make alterations and
legalize as-built construction resulting in lot coverage measuring 25.3 %, instead of the code permitted
maximum of 20%,which includes the proposed 875 sq.ft.three car garage proposed in a conforming front
yard location. Relief is requested for an as-built accessory deck having a distance of 3.4 feet from the top
of the bluff, instead of the minimum required 100 feet, addition to the dwelling having a distance of 79.5
feet from the top of the bluff instead of the minimum required 100 feet, and an as-built deck addition
having a setback of 14.7 feet from the side yard property line instead of the minimum required 15 feet, all
shown and proposed on site plan(Sheet ZBA-1)dated March 14, 2024.
AMENDED APPLICATION: During the hearing,the applicant was asked to reduce the degree of variance
relief requested and bring the plan into more conformity with the code. The applicant submitted a revised
Site Plan and Architectural Plans dated January 20, 2024, reducing the size of the proposed garage to 825
sq. ft. and lot coverage from 25.3% to 25%, resulting in a lot coverage still measuring well over the
maximum code permitted 20%.
ADDITIONAL INFORMATION: The applicant will be required to apply to the Southold Town Board of
Trustees for approval of a Wetland Permit. The subject property has the benefit of prior relief granted by
the ZBA for a variance for a deck, mudroom and coat closet addition to the single-family dwelling with a
bluff setback of 84.3 feet in ZBA#7277 dated May 23,2019 and in ZBA#7106 a variance was granted for
additions and alterations to the single-family dwelling with a bluff setback of 57 feet.The applicant's agent
submitted a survey by John Metzger dated October 16, 2012 and stamped received by the Building
Department Town of Southold dated July 26,2017 which shows the existence of the accessory deck located
at the top of the bluff and in the Coastal Erosion Hazard Area. However,no documents legalizing this deck
were found.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on January 9,2025 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 side yard setback for the sauna on the as
built deck addition in the side yard and the bluff setback to the attached seaward deck addition will not
Page 3,February 20,2025
#7975,Stritzler
SCTM No. 1000-94-1-8
produce an undesirable change in the character of the neighborhood or a detriment to nearby properties.
Attached waterside decks on single-family dwellings along Soundview Avenue are a common amenity,and
the degree of nonconformance of the side yard setback is so minimal as to be undetectable. Additionally,
the subject deck and enclosed sauna cannot be seen from the street. Potential adverse impacts for the non-
conforming bluff setback of the attached seaward deck addition can be mitigated by the conditions imposed
herein. Grant of the variances requested for the excessive lot coverage and accessory deck and pergola at
the top of the bluff and in the Coastal Erosion Hazard Area will produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. No previous approvals for comparable
excessive lot coverage or accessory decks at the top of the bluff were submitted to suggest that these non-
conformities are characteristic of the subject neighborhood. Structures located in the CEHA and excessive
lot coverage are INCONSISTENT with LWRP Policies and pose a threat to the preservation of a naturally
regulated feature such as the bluff and do not minimize the adverse effects of overdevelopment in a coastal
location.
2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant for the side yard setback and bluff
setback for the attached seaward deck addition cannot be achieved by some method, feasible for the
applicant to pursue, other than area variances. The deck in the side yard is in place and the required relief
is de minimus. The subject dwelling has a non-conforming bluff setback so any additions on the seaward
side of the dwelling will require variance relief. The benefit sought by the applicant for the excessive lot
coverage and bluff setback for the accessory deck and pergola can be achieved by some method, feasible
for the applicant to pursue, other than area variances. The applicant can further reduce lot coverage by
removing'some deck area and further reducing the size of the proposed three car garage in the conforming
front yard. Additionally, the wood accessory deck and pergola can be replaced with permeable at grade
pavers for sitting area along the top of the bluff.
3. Town Law 4267-b(3)(b)(3). The variance granted herein for the side yard setback is de minimus in
nature as it measures less than 1 inch (0.3 inches) from the code required setback. The variance granted
herein for the bluff setback to the deck addition is mathematically substantial representing 20.5% relief
from the code, but will be mitigated by the conditions imposed herein for the establishment of a non-turf
buffer along the top of the Coastal Erosion Hazard Line and the approval of.the Southold Town Board of
Trustees.
4. Town Law 4267-b(3)(b)(4).No evidence has been submitted to suggest that a variance in this residential
community for the side yard setback to an attached deck with sauna and the bluff setback to an attached
seaward deck addition 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 conditions of approval imposed herein. Evidence has been submitted to suggest that a variance in
this residential community for an accessory deck and pergola at the top of the bluff and in the Coastal
Erosion Hazard Zone and excessive lot coverage will have an adverse impact on the physical or
environmental conditions in the neighborhood.Excessive lot coverage and structures along or in naturally
regulated features, such as their being in the Coastal Erosion Hazard Area, contribute to erosion and
hazardous conditions during severe storm events and are not consistent with the Town's LWRP policies.
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 for the side yard setback and bluff setback is the
minimum action necessary and adequate to enable the applicant to enjoy the benefit of a legal as built deck
Page 4,February 20,2025
#7975, Stritzler
SCTM No. 1000-94-1-8
and sauna in the side yard and a legal as built attached seaward deck addition while preserving and
protecting the character of the neighborhood and the health, safety and welfare of the community. Grant of
the requested relief for the as built accessory deck located 3.4 feet from the top of the buff and the excessive
lot coverage of 25%, AS AMENDED, is not the minimum'action necessary and adequate to enable the
applicant to enjoy the benefits of an accessory garage and sitting area near the top of the bluff 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 Acampora, seconded by Member
Lehnert, and duly carried,to
GRANT the variances as applied for the as-built side yard setback of 14.7 feet,and top of the bluff setback
of 79.5 feet,as shown on the site plan prepared by Anthony Portillo,Architect,dated August 30,2024;and
DENY as applied for the legalization of the deck and pergola located in the Coastal Erosion Hazard Area;
and
DENY as Amended for the non-conforming lot coverage of 25%.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The applicant must apply to the Building Department for a building permit for the "as built"
improvement(s)within 90 days of the date of this decision and submit same to the Office of the
Zoning Board of Appeals,or submit a written request for an extension to the Board of Appeals
setting forth the reason(s)why the applicant was unable to obtain a building permit in the time
allotted.
2. The applicant must obtain a Certificate of Occupancy from the Building Department for the"as
built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within 12
months of this decision or submit a written request for an extension to the Board of Appeals
setting forth the reason(s)why the applicant was unable to obtain a Certificate of Occupancy in
the time allotted.
3. Prior to obtaining Certificates of Occupancy.the applicant shall submit a revised site plan
showing a 10-foot-wide non-turf buffer along the entire Coastal Erosion Hazard Line and the
removal of the deck and pergola in the Coastal Erosion Hazard Area.
4. The applicant must obtain approval from the Southold Town Board of Town Trustees for the as-
built deck additions to the single-family dwelling.
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,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.
Page 5,February 20,2025
#7975, Stritzler
SCTM No. 1000-94-1-8
LUPORTANT LMTS 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
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 LD41TS 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)
C
- .4 /
"'d � 1W
slie Kanes Weisman,Chairperson
Approved for filing o? /-117
1-J-/2025