HomeMy WebLinkAbout7982 BOARD MEMBERS ��OF SOUj 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:
G Nicholas Planamento �OQ Town Annex/First Floor
,c►
Margaret Steinbugler &COUNTY 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
http://southoldtownny.govP
ZONING BOARD OF APPEALS & 913 tv
TOWN OF SOUTHOLD AP 7 2025
Tel. (631) 765-1809 ✓
FINDINGS,DELIBERATIONS AND DETE E} RLX ®
MEETING OF APRIL 3,2025
ZBA FILE No.: 7982
NAME OF APPLICANT: Gal and Noga Ohayon
PROPERTY LOCATION: 745 Gagens Landing Road, Southold,NY SCTM#1000-70-10-32
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 not required to be referred to the Suffolk
County Departirent of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23.
LP:'RP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the
Minor Actions exempt list and is not subject to review under Chapter 268.
PROPERTY FACTS/DESCRIPTION: The subject parcel is,a rectangular non-conforming 15,603 sq. ft. lot in the
Residential R-40 District. The western propetty line extends 111.45 ft. along Gagens Landing Road to the northerly
property line which extends 140 ft.east along the adjoining residential lot to the north,ending at the easterly property
line at a neighboring residential lot. The eas*erly property line extends 111.45 ft.south along thPp adjacent residential
lot tor the southerly property line. The southerly property line extends 140.00 ft.west to Gagens Landing Road. The
lot is improved with a one-story dwelling.attached via a covered walkway to a one-car accessory garage,an in-ground
swimming pool with masonry patio, a rear deck, a gazebo in the rear adjacent to the pool, and a pergola in the rear
behind the garage,all as shown on the survey prepared by Barrett Bonacci&Van Weele,P.C.dated October 1,2024.
BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-
124; and the Building Inspector's July 2,2024 Notice of Disapproval based on an application for a permit to Amend
the current construction of an accessory garage and to construct a covered front porch attached to a single family
dwelling; at 1) :accessory garage located in area other than the code required rear yard; 2) construction located less
than"the code required minimum front yard setback of 35 feet;3)more than the code permitted maximum lot coverage
of 20%; located at: 745 Gagens Larding Road, Southold,NY. SCTM No. 1000-70-10-32. "
RELIEF REQUESTED: The applicant requests:
A variance;for a covered;unenclosed front perch with a front yard setback of 29'-10 3/8"versus the required 35'
front yard setback fora lot size 6fless'th_m 20,000 sq, ft. in the Residential R-40 District,�as depicted in the site
plan for the "As Built Garage Conditions Ohayon Residence - Proposed Front.Porch Roo.' prepared by Charles
M.'Thomas,Architect, dated April 3, 2024 and last updated June 3,2024;
Page 1,April 3,2025
#7982,Ohayon
SCTM No. 1000-70-10-32
• A variance for 20.8% lot coverage versus the code required 20%maximum lot coverage,for a lot size of less than
20,000 sq. ft. in the Residential R-40 District, as depicted in the site plan for the "As Built Garage Conditions
Ohayon Residence- Proposed Front Porch Roof'prepared by Charles M. Thomas,Architect, dated April 3, 2024
and last updated June 3,2024;
• To legalize an as-built accessory one-car garage in the side yard versus the code required rear yard, as depicted in
the survey prepared by Barrett Bonacci&Van Weele,P.C. dated October 1,2024; and in the site plan for the"As
Built Garage Conditions Ohayon Residence - Proposed Front Porch Roof' prepared by Charles M. Thomas,
Architect, dated April 3, 2024 and last updated June 3, 2024; and in the site plan for the "As Built Garage
Conditions-As Built Garage"prepared by Charles M.Thomas,Architect,dated January 2,2023.
AMENDED APPLICATION: During the hearing the Board noted discrepancies between the site plan for the "As
Built Garage Conditions Ohayon Residence - Proposed Front Porch Roof' prepared by Charles M. Thomas,
Architect, dated April 3, 2024 and last updated June 3, 2024, and the survey prepared by Barrett Bonacci & Van
Weele,P.C.dated October 1,2024,specifically that certain structures depicted in the survey were not included in the
lot coverage calculation shown on the site plan. The applicant was asked to re-calculate the lot coverage including
all applicable structures. On March 27, 2025 the Board received an updated survey prepared by Barrett Bonacci &
Van Weele, P.C. dated October 1, 2024, last updated March 7, 2025, indicating amended lot coverage of 23.9%
compared to 20.8%as originally applied for.
ADDITIONAL INFORMATION:
The applicant's agent submitted a letter dated February 12, 2025 stating that the property owners are willing to
remove structures on the property built without permits as a condition of approval
The subject parcel is covered by Certificate of Occupancy No.Z-4954 dated December 21, 1972 pursuant to Building
Permit 6156-Z dated October 2, 1972 for a private one family dwelling.
Improvements to the subject parcel are covered by:
Certificate of Occupancy No.Z-34520 dated August 25, 2010 pursuant to Building Permit 34642-Z dated April 30,
2009 for an accessory in-ground swimming pool with fence to code as applied for.
Building Permit #47649 is referenced on the property card copy submitted with the application. Building Permit
#47649, dated April 6, 2022, and pursuant to an application received February 24, 2022, is for"Construct interior
alterations and garage conversion to living space at existing single family dwelling as applied for."
A"Stake Diagram-Proposed Garage"survey prepared by Barrett Bonacci&Van Weele,P.C.dated March 1,2023
showing the location of the proposed garage in the side yard was included with the application. The stake diagram
references a"Sketch Plan Provided by Heidtmann& Sons,Inc. last dated February 10,2023."
A Stop Work Order dated February 5,2024 for Building Permit#47649 was included in the application.The Building
Department's Notice of Disapproval dated February 6, 2024, revised and renewed April 5, 2024 and July 2, 2024,
notes that "the garage currently has a building permit (#47596) for an accessory in the rear yard; upon receipt of
amended plans, along with an updated survey, the garage placement has changed and is now in the side yard. The
breezeway shown to attach the garage does not meet the town definition of a breezeway. A Stop Work Order has
been issued."
During the hearing ZBA staff located Building Permit#47596 referenced in the Stop Work Order and read into the
record that this permit was issued to construct a new accessory garage in the rear yard of an existing single-family
dwelling with a minimum 5-foot setback from the rear and side property lines.
No letters from neighbors or other agencies were received regarding this application.
Page 1,April 3,2025
#7982,Ohayon
SCTM No. 1000-70-10-32
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on February 6,2025 at which time written
and oral evidence were presented. The hearing was adjourned to March 6,2025 at which time the hearing was
closed subject to receipt of additional information. 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 front yard setback and legalization of the as-built accessory garage will
not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This
residential neighborhood on the north side of Goose Creek is architecturally diverse with a mix of one-story and two-
story dwellings some of which appear to be original one-story ranch style homes and some to be homes since
remodeled and expanded to two stories. Garages attached to one or the other side of a house are common in the area
as are modest front stoops and unenclosed front porches.
Grant of the lot coverage variance as amended will produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The density of structures in the rear yard could establish a pattern
of excessive lot coverage contrary to the intent of the zoning code.
2. Town Law§267-b(3)(b)(2). The benefit of a covered front entry porch sought by the applicant cannot be achieved
by some method feasible to the applicant other than an area variance. The existing dwelling is set back 35 feet from
the front property line so any addition at the entry will incur an area variance.
The as-built one-car garage could have been placed in the required rear yard,as depicted in Building Permit#47596,
however it meets side yard setback requirements, its appearance is in keeping with fully attached garages in the
neighborhood, and its location adjacent to the dwelling, set back from the dwelling's front face, and attached via a
covered walkway,is more functional than a rear yard location.
The benefit of the covered porch and one-car garage caused the need for a lot coverage variance as amended,which
can be brought into greater conformity by reducing or eliminating other structures on the parceQspecifically the as
built pergola and as built gazebo.
3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial,representing 15%relief
from the code for the covered front porch and 100% relief for the garage in the side year. However, similar front
porches with similar front yard setbacks are common in the neighborhood and the visual appearance of the semi-
attached one-car garage is similar to and less bulky than the appearance of attached garages that are also common in
the neighborhood.
The as-amended lot coverage variance sought is mathematically substantial,representing 19.6%relief from the code.
No evidence was presented to establish that excessive lot coverage is common in the neighborhood.
4. Town Law U67-b(30)(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, however
given the proximity of Goose Creek to the south, it is prudent to adhere to lot coverage requirements. The applicant
must comply with Chapter 236 of the Town's Storm Water Management Code.
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.The applicant
built the one-car garage in other than the required rear yard, received three notices from the Building Department
Page 1,April 3,2025
#7982,Ohayon
SCTM No. 1000-70-10-32
indicating the need for amended plans prior to receiving a Stop Work Order, and completed the garage project in
spite of the Stop Work Order.
6.Town Law U67-b. Grant of relief for the front yard setback and the garage location as applied for is the minimum
action necessary and adequate to enable the applicant to enjoy the benefit of a covered front porch and an easily
accessible one-car garage while preserving and protecting the character of the neighborhood and the health, safety
and welfare of the community.
Grant of the lot coverage relief as amended is NOT the minimum action necessary and adequate to enable the
applicant to enjoy benefit of a covered front porch and an easily accessible one-car garage. There are multiple
structures on the parcel which could be altered or removed to bring the lot coverage more into conformity with the
code.
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 Steinbugler,seconded by Member Weisman(Chairperson),
and duly carried,to
GRANT the variances as applied for front yard setback and garage location and shown on the site plan"As
Built Garage Conditions Ohayon Residence - Proposed Front Porch Roof' prepared by Charles M. Thomas,
Architect, dated April 3, 2024 and last updated June 3,2024; and the site plan for the"As Built Garage Conditions
- As Built Garage" prepared by Charles M. Thomas,Architect, dated January 2, 2023; and the survey prepared by
Barrett Bonacci&Van Weele,P.C. dated October 1, 2024,
and DENY as Amended the lot coverage variance of 23.9%depicted in the survey prepared by Barrett Bonacci
&Van Weele,P.C.dated October 1,2024 last updated March 7,2025,and GRANT ALTERNATIVE RELIEF
of 22%.
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 survey and recalculation of lot coverage 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 applicant shall remove the as built gazebo and pergola and submit to the Zoning Board two revised
signed and sealed survey's depicting the Alternative Relief granted for Lot Coverage of 22%.
2. The septic system on the subject property must be approved by the Suffolk County Department of Health
Services
3. The proposed covered front entry porch and the pre-existing front porch may not be enclosed in anyway.
4. The proposed covered front entry porch may contain only basic electricity for ambient lighting.
5. The applicant must apply to the Building Department for a building permit for the "as built" garage 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.
Page 1,April 3,2025
#7982,Ohayon
SCTM No. 1000-70-10-32
6. The applicant must obtain a Certificate of Occupancy from the Building Department for the"as built"garage
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.
7. Prior to obtaining Certificates of Occupancy the applicant shall submit a revised site plan showing the
removal of the pergola and gazebo.
8. The "as built" improvement(s)may not be used until a Certificate of Occupancy has been obtained.
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 ofnonconformity,Provided de minimis reliefis requested within one year ofthe date ofthis decision.
Any time after one year,the Board may require a new application.
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 reliefgranted herein,will result in delays and/or apossible 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 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:Mem ers Weisman(Chairperson),Dantes,Planamento,Acampora and Lehnert.(5-0)
Leslie Kanes Weisman,Chairperson
Approved for filing / /2025