HomeMy WebLinkAbout8007 BOARD MEMBERS ��rjF S0�/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. y Office Location:
Nicholas.Planamento • �O Town Annex/First Floor
Margaret Steinbugler i/'COU 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
RECEIVED
http://southoldtownny.gov d- P" (3 to:559
ZONING BOARD OF APPEALS AY 2 1 2025
TOWN OF SOUTHOLD "4_
Tel. (631)765-1809 Southold 'Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF MAY 15,2025
ZBA FILE: #8007
NAME OF APPLICANT: Demetra Makris
PROPERTY LOCATION: 910 The Strand, (Adj.to Long Island Sound)East Marion,NY
SCTM No. 1000-30-2-81
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 25,and the Suffolk County Department of Planning issued its reply
dated March 6,2025 stating that this application is considered a matter for local determination as there appears to be
no significant county-wide or inter-community impact with added comments as follows:
1. No stormwater runoff resulting from the proposed development and site improvements should be
discharged into the adjourning body of water.
2. Erosion and sediment control measures should be required during and immediately after construction to
ensure stormwater runoff will not carry eroded and other deleterious materials into the Sound.
QhW 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 May 1, 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 the LWRP Policy#1 and Policy#4 standards
and therefore INCONSISTENT with the LWRP.
Policy#L -Expanding the residential structure to include more than permissible lot coverage(20 percent permitted
and 22.9 percent proposed)does not enhance community character and sets a precedent for lots in the
neighborhood and within the community. Further,expanding the floor area to greater than the
allowable Maximum to 4,063 square feet when 2,706 square feet is permitted also does not support this
policy.
Policy#4-The parcel is adjacent to the Long Island Sound and bluff system. Loss of land occurs over time in these
areas from erosion, and that loss could impact structures. Threats to structures include damage and loss
from high winds. Structure within these areas should be minimized.
The proposed setback to the house is 97.25 feet. Covenants and Restrictions apply to the parcel,requiring
no structures within 100 feet from the top of the bluff unless Southold Town approves. The intent.of this
restriction was to minimize the loss of structures constructed.
Page 2,May 15,2025
#8007,Makris
SCTM No. 1000-30-2-81
To mitigate potential adverse impacts and therefore render the action CONSISTENT with the LAW, the Board
denied herein both the third story dwelling and the proposed Gross Floor area and granted alternative relief for GFA
that is equivalent to the average GFA of the surrounding residential homes, as permitted by Town Code. Further,
the Board determined that the existing bluff setback and proposed lot coverage are not substantial and are both
consistent with other relief previously granted by the Board of Appeals in the subject neighborhood.
PROPERTY FACTS/DESCRIPTION: The subject nonconforming 23,375 square foot parcel (14,848 square foot
buildable land) is located in the Residential R-40 Zoning District. The northerly property line measures 71.34 feet
and is adjacent to Long Island Sound,the easterly property line measures 315.03 feet,and the southerly property line
measures 71.58 feet and is adjacent to The Strand, and the westerly property line measures 322.10 feet. The parcel
is improved with a one and two-story frame dwelling. There is a 20 foot by 40 foot in-ground swimming pool in the
rear of the dwelling surrounded by a brick patio and wooden stairs going down the bluff to the Long Island Sound
and a framed wooden shed located at the rear east corner of the dwelling as shown on the latest survey prepared by
Nathan Taft Corwin III, LS, last revised February 4, 2025.
BASIS OF APPLICATION: Request for Variances Article XXII, Section 280-116A(1);Article XXIII,Section 280-
124; Article XXXVI, Section 207A(b)and the Building Inspector's January 27, 2025,Notice of Disapproval based
on an application for a permit to demolish (as per Town Code definition) and reconstruct a single-family dwelling;
at 1) less than the code required 100 feet from the top of the bluff, 2) more than the code permitted maximum lot
coverage of 20%; 3) more than the code permitted maximum two stories; 4) gross floor area exceeding permitted
maximum square footage for lots containing up to 20,000 square feet in area; located at: 910 The Strand, (Adj. to
Long Island Sound)East Marion,NY. SCTM No. 1000-3 0-2-8 1.
RELIEF REQUESTED: The applicant requests variances to demolish(as per Town Code definition)and reconstruct
a single-family dwelling. The proposed house reconstruction,on this nonconforming 23,374 square foot lot(14,848
square foot buildable land)located in the Residential R-40 Zoning District,is not permitted pursuant to Article XXIII,
Section 280-124,which allows maximum lot coverage of 20%and a maximum of two stories. The lot coverage is a
22.9% and the house contains 3 stories (third story is the upper level containing bedrooms 42 & #3 with associated
bathrooms).
Additionally, the proposed house reconstruction is not permitted pursuant to Article XXXVI Section 280-207A(b),
which states; "the Gross Floor Area(GFA)shall not exceed the permitted square footage calculated as follows: Lots
containing up to 20,000 square feet of lot area: 2,100 square feet maximum plus 12.5% of the lot area in excess of
10,000 square feet up to a total of 3,350 square feet maximum." The permitted gross floor area is 2,706 square feet.
The proposed gross floor area is 4,063 square feet.
Lastly, the proposed house reconstruction is not permitted pursuant to Article XXII Section 280-116A(1), which
states: "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach
shall be set back not fewer than 100 feet from the top of the bluff." The minimum setback of the house is 97.25 feet
to the top of the bluff. The"as built"accessory deck seaward of the top of the bluff is to be removed.
ADDITIONAL INFORMATION: The existing in-ground swimming pool will remain and has the necessary
Certificate of Occupancy. The small shed on the east side of the rear of the dwelling is proposed to be removed.The
existing foundation will be used for the new house and the proposed.new portion of the house will be landward of
the existing foundation. Although portions of the existing house will remain, to avoid potential problems that may
emerge during construction and therefor trigger the 50% rule for demolition, the house is being proposed as a
demolition,per town code,and anew dwelling. The applicant has agreed to install anew Innovative Advanced(IA)
septic system but has not chosen a location and also agreed to move the HVAC system from the proposed location
to the front of the house to reduce noise intrusion on the adjacent residential property.The Board has received letters
of support and letters of disapproval due to concerns for a much larger home than allowed by Town Code adversely
impacting the character of the current neighborhood.
Page 3,May 15,2025
#8007,Makris
SCTM No. 1000-30-2-81
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on May 1,2025 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 U67-b(3)(b)(1). Grant of the variances for the bluff setback and lot coverage or alternative relief
will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The
Pebble Beach community is a clustered subdivision with homes that vary in size and style. Lot coverage variances
have been approved by this Board for this neighborhood in the past for residences, like the subject dwelling,that are
waterfront properties. The in-ground swimming pool already exists and has the proper approvals and the rear of the
dwelling will remain at 97.25 feet from the bluff. Grant of alternative relief for the Gross Floor Area will not produce
an undesirable change in the character of the neighborhood or a detriment to nearby properties because it is no greater
than the average GFA of as built dwellings in the subject neighborhood.Grant of the variance for the proposed three-
story dwelling will produce an undesirable change in the character of the neighborhood or a detriment to nearby
properties because three story dwellings are not permitted by Town Code and are therefore not typical in residential
neighborhoods.
2. Town Law U67-b(3)(b)(2). The benefit sought by the applicant cannot, be achieved by some method, feasible
for the applicant to pursue, other than area variances. The proposed GFA is 4,063 square feet. While some homes
on the waterfront side of The Strand to the east and west of the subject dwelling have greater averages than what is
proposed,the older homes on the landward side of the street average 2,835.65 square feet. The total average GFA in
the neighborhood is 3,723.94 square feet which is less than what the applicant request. The variance for the setback
of 97.25 feet from the house to the bluff will remain as the rear of the dwelling. The applicant advised that the
foundation will remain the same,but the site plan shows that only a portion of the foundation will be re-used.
3. Town Law 4267-b(3)(b)(3). The variances requested herein for the lot coverage, a three-story dwelling,and the
proposed Gross Floor Area,are mathematically substantial representing 14.5%relief from the code for lot coverage,
100%relief for the proposed third story, and the GFA request represents 50.1%difference from the code. However,
the bluff setback already exists and represents 2.75% relief from the code which is not substantial, and the lot
coverage request in this community is not excessive.
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,relative to
the excessive lot coverage and bluff setback. However, evidence has been submitted relative to the visual impact a
third story and greater average gross floor area will have on this residential community. 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.
6. Town Law U67-b. Grant of alternative relief and the requested relief is the minimum action necessary and
adequate to enable the applicant to enjoy the benefit of a reconstructed dwelling as per town code 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 Steinbugler, and duly
carried,to
Page 4,May 15,2025
#8007,Makris
SCTM No. 1000-30-2-81
GRANT the variances as applied for the lot coverage of 22.9%, and the top of the bluff setback of 97.25, feet as
shown on the Site Plan prepared by Philip L.Kean,Architect, last revised August 16, 2024; and
DENY as applied for the Gross Floor Area and GRANT ALTERNATIVE RELIEF for 3,723.94 square feet
of Gross Floor Area as averaged and submitted by Phil Kean,Architect and dated 2-5-2025; and
DENY as applied for the third story.
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 signed and sealed Site Plan and Architectural Plans conforming to the relief and
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 septic system on the subject property must be approved by the Suffolk County Department of Health
Services.
2. The"as built"accessory deck located seaward of the top of the-bluff shall be removed.
3. The shed on the east side of the property shall be removed and the mechanical equipment shall be located in
the front yard.
4. The applicant's architect shall submit a signed and sealed copy of the GFA Analysis.
5. The applicant's architect shall submit revised plans showing a two-story dwelling with a Gross Floor Area
no greater than 3,723.94 square feet, a bluff setback no less than 97.25 feet and a lot coverage no greater
than 22.9%.
6. The applicant must receive approval from the Southold Town Board of Trustees.
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 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 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 subjectproperty
that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in
this action.
Page 5,May 15,2025
#8007,Makris
SCTM No. 1000-30-2-81
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 the Board. Ayes embers Nay: (Absent was: .) This Resolution was duly adopted
hk� •
eslie Kanes Weisman, Chairperson
Approved for filing 9�/�1 /2025