HomeMy WebLinkAbout7995 BOARD MEMBERS ��V SOUjyo Southold Town Hall
Leslie Kanes Weisman, Chairperson l0 53095 Main Road•P.O. Box 1179
Patricia Acampora Southold,NY 11971-0959
Robert Lehnert,Jr. Office Location:
Nicholas Planamento • �OQ Town Annex/First Floor
Margaret Steinbugler C�U Nov 54375 Main Road(at Youngs Avenue)
' Southold,NY 11971
RECEIVE®
http://southoldtownny.gov 1 #bA 6 $ ; 2,,7 GLW1
ZONING BOARD OF APPEALS d APR 2 2 2025
TOWN OF SOUTHOLD
Tel. (631)765-1809 ✓
Southold Town Clerk.
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF APRIL 17,2025
ZBA FILE: 7995
NAME OF APPLICANT: The Joseph Charles Casarona Trust _
PROPERTY LOCATION: 55 Glen Court, Cutchogue SCTM No. 1000-83-1-36.1
SERA 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 January 14,2025,stating that this application is considered a matter for local determination as there appears to
be no significant county-wide or inter-community impact. The agency commented that no stormwater runoff
resulting from the proposed development and site improvements should 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 March 27, 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 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.
1.The structure within this area should be minimized due to repetitive loss from storm damage,including hurricane
winds.
2.1t is recommended that the Board consider the existing home sizes in the neighborhood and the request for an
addition of 547.25 square feet of floor area,which exceeds the allowed amount under the town code.
By granting only the setback variances and not authorizing any increase in square footage beyond what is permitted
under the applicable provisions of the Town Code,the Board may reasonably determine that the proposed project is
CONSISTENT with the Local Waterfront Revitalization Program(LWRP),in accordance with all relevant statutory
and regulatory requirements.
Page 2,April 17,2025
#7995,Casarona
SCTM No. 1000-83-1-36.1
PROPERTY FACTS/DESCRIPTION: The subject property is an undeveloped, non-conforming parcel
encompassing approximately 25,308.36 square feet, of which 18,382 square feet are considered buildable under
current zoning regulations. Situated within the R-40 Zoning District, the parcel lies at the terminus of Glen Court.
From this point, the property extends approximately 100.00 feet westward, then turns northwest for 255.51 feet
toward the shoreline of Long Island Sound. It continues along the waterfront for about 100.00 feet in a northeasterly
direction,before returning southeast for another 255.51 feet back toward Glen Court. The site remains unimproved,
with the sole existing feature being a wooden bulkhead located at the base of the bluff overlooking Long Island
Sound.
BASIS OF APPLICATION: Request for Variances from Article XXII,Section 280-116A(1);Article XXIII,Section
280-124;Article XXXVI,Section 280-207A(b);and the Building Inspector's October 15,2024,Amended November
14, 2024,Notice of Disapproval based on an application for a permit to construct a new single family dwelling and
an accessory in-ground swimming pool; at 1) less than the code required minimum front yard setback of 40 feet; 2)
located less than the code required 100 feet from the top of the bluff; 3) gross floor area exceeding permitted
maximum square footage for lot containing up to 20,000 square feet in area; located at: 55 Glen Court, (Adj.to the
Long Island Sound)Cutchogue. SCTM No. 1000-83-1-36.1.
RELIEF REQUESTED: The applicant requests variances for the following:
1. Reduce the front yard setback to 25 feet where a minimum of 40 feet is allowed.
2. The gross floor area proposed is 3,695 sq.ft.where a maximum of 3,147.75 sq. ft. is allowed,exceeding the
allowable gross floor area by 547.25 sq. ft.
3. The pool is setback 82 feet from the top of the bluff where a minimum setback of 100 feet is required.
ADDITIONAL INFORMATION: During the public hearing, the applicant's representative provided testimony
regarding prior variance relief granted within the immediate neighborhood and zoning district. The referenced
applications all involved requests for setback variances.
The applicant's agent additionally submitted information regarding the Gross Floor Area (GFA) variance request.
The Code permits averaging for GFA but does not authorize the Board to grant variances in excess of that average.
The applicant provided aerial views of the neighboring house to the west and south as a comparison to use for
averaging. The west parcel is in a different zoning district and is accessed by a different neighborhood. The applicant
submitted GFA for houses to the east, but not the direct neighboring parcels. The applicant testified he was unable
to obtain records for the older, smaller homes in an attempt to calculate averaging and submits they.would pull the
average down.Applicant additionally requested the Board not consider double height counting,however,the current
law counts double height. Applicant further argued the potential for neighboring properties in the RA-80 and R40
Zoning Districts to build larger houses `by right' based on the GFA formula, the subject parcel also has parameters
of the size of house that conforms to the Code.
The applicant requests the Board consider the spirit and intent of the law instead of the plain language of the Code.
The Board offered guidance about how to obtain GFA averaging but guidance was rejected by applicant stating that
guidance was not in the Code and thus not required to be considered. The Board does not find applicants comparable
priors acceptable for averaging and thus the Board cannot consider them.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on April 3,2025, 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:
Page 3,April 17,2025
#7995,Casarona
SCTM No. 1000-83-1-36.1
1. Town Law 4267-b(3)(b)(1). Grant of the requested relief for the front yard setback and the pool setback from
the top of the bluff will not produce an undesirable change in the character of the neighborhood or a detriment to
nearby properties. The subject property is approximately the same size as adjacent lots in the R-40 zoning district to
the east,which is comprised of mostly 2-story residences. Additionally, several homes in the vicinity have received
setback variances that exceed what is currently being proposed by the applicant. The requested front yard setback
and the setback for the pool from the bluff are consistent with the established character of the neighborhood and, as
such, would not appear out of place. However, the variance request for Gross Floor Area cannot be supported, as
the proposed size exceeds the permitted GFA and applicant's attempt at averaging in the immediate area is not
supported.
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant for the front yard and buff setback cannot be
achieved by some method, feasible for the applicant to pursue, other than an area variance. The subject parcel is
located at the end of Glen Court and access is currently blocked with shrubs that are proposed to be removed to
provide driveway access. The parcel's front yard is adjacent to a residentially developed property and the rear yard
is adjacent to LI Sound. Both side yards are perpendicular to Glen Court. This unusual configuration creates a
situation where any placement of a dwelling on the parcel will require variance relief of some kind. The proposed
dwelling has a conforming bluff setback,which creates the need for a front yard setback variance and the placement
of the small 10 ft. by 25 ft. plunge pool is the farthest setback possible from the bluff and is also in keeping with
similar relief sought by neighboring properties. The benefit sought by the applicant for the excessive Gross Floor
Area can be achieved by some method feasible for the applicant to pursue, other than an area variance, because this
new home can be re-designed to conform to the code permitted GFA by eliminating the proposed double height
ceiling living area or reconfiguration to address the excess 500 square feet.
3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial:
1. The front yard setback represents a 38%relief from the code.
2. The top of the bluff setback represents an 18%relief from the code.
3. The variance denied for the Gross Floor Area increase represents 17%relief from the code.
However, the proposed front yard setback of the dwelling and the bluff setback for the proposed pool,is consistent
with other variance relief granted in the subject neighborhood. The GFA variance cannot be granted since GFA
averaging in the immediate neighborhood cannot be clearly ascertained by the Board of Appeals based on the
information submitted, and the Board is prohibited by Town Code from granting more than the GFA average.
4. Town Law 4267-b(3)(b)(4).No evidence has been submitted to suggest that a setback 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 the conditions of this
Board. In addition,the applicant proposes a 25 foot wide vegetated non-turf buffer landward of the top of the bluff.
The GFA variance,permitting a home to be larger than permitted, does suggest an adverse impact.
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
also proposed a new residence on this vacant property in one of the few locations where it could be placed with the
least amount of variance relief.
6. Town Law 4267-b. Grant of the noncofrorming front yard'and top of the bluff setbacks is the minimum action
necessary and adequate to enable the applicant to enjoy the benefit of a new residence with nonconforming front yard
and top of the bluff setbacks while preserving and protecting the character of the neighborhood and the health,safety
and welfare of the community.
Page 4,April 17,2025
#7995,Casarona
SCTM No. 1000-83-1-36.1
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 Lehnert,seconded by Member Planamento,and duly carried,
to
GRANT AS APPLIED FOR:
1. The front yard setback variance of 25 feet.
2. The top of the bluff setback of 82 feet for the accessory swimming pool.
DENY as applied for the excessive Gross Floor Area variance.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Before applying for a building permit,the applicant shall submit two signed and sealed Architectural Plans
depicting the code conforming Gross Floor Area.
2. The installation of a septic system on the subject property approved by the Suffolk County Department of
Health Services.
3. Pool pump equipment/mechanicals shall be located a minimum of 20 feet from any property line or be
contained in a shed type of enclosure with a lot line set back that is in conformance with the bulk schedule
for accessory structures.
4. Drywell for pool de-watering shall be installed.
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 final dated,signed and sealed architectural drawings depicting,and with a recalculation,
of the code conforming Gross Floor Area. 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
This approval shall not be deemed effective until the required conditions have been met.At the discretion of the
Board of Appealsfailure 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 risht to substitute a similar desiun that is de minimis in nature for an alteration that does
not increase the decree 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 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 subjectproperty that may violate the
Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action.
Page 5,April 17,2025
#7995,Casarona
SCTM No. 1000-83-1-36.1
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,Lehnert and Steinbugler.(4-0)(Member Acampora
Absent)
r
Leslie Kanes Weisman Chairperson
Approved for filing �2-1 /2025