HomeMy WebLinkAbout8010 i
BOARD MEMBERS *t f so yo 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. cia Office Location:
Nicholas Planamento • �OQ Town Annex/First Floor
Margaret Steinbugler COU 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
http://southoldtownny.gov ®
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD MAY 2 1 2025
Tel. (631)765-1809
SOUthold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF MAY 15,2025
ZBA FILE: #8010
NAME OF APPLICANT: Kevin Cierach
PROPERTY LOCATION: 4500 Deep Hole Drive, Mattituck,NY SCTM: 1000-115-17-3
S,EORA 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 i 4-14 to 23,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.
LWRP DETERP1 NATION: 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 April 21, 2025. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available,
ifis recommended that the proposed action is INCONSISTENT with-LWRP Policy No. 1 standards and therefore is
INCONSISTENT with the L WRP,as follows:
The Structures are located within a 0.2%Annual Chance Flood Hazard area. The disadvantage of as-built
buildings is that they are not designed to he flood-tolerant, and future losses can occur.
With the conditions imposed in this%+ecision,relief if granted,will deem this action.as LWRP CONSISTENT.
PROPERTY.FACTS/DESCRIPTION:' The subject;rectangular-shaped,conforming, 56,419 square feet, 1.295 acre
parcel located in the R40 Zoning District measures 410.00 feet along Deep Hole Drive, then runs east 132.26 feet
along a residentially developed parcel to Me"north, then runs south 331.31 feet and continues south an additional
78.80 feet along a 15 feet wide drainage �,)sement, part of the Harbor View at Mattituck subdivision filed with the
Office of:the Clerk of Suffolk Colmiy and owned by lots-4 and 5, individually, and returns 142.09 feet west to the
roadway". The lot is developed with a two-'story stucco house with cellar(built into the hillside)with attached wood
decking, air conditioning compressor, inasciny brick walkways, substantial.`blo-A' masonry retaining.walls, a
Belgium block curb driveway-and apr3n at the roadway, a gravel driveway, a one-story stucco accessory building
with attached wood steps and a small deck, and a one and half-story frame accessory garaged with wood steps and
entry landi:ig built into the hillsid-- (b6th accessory structures the subject of this-application), aiid; post and rail
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SCTM# 1000-115-17-3
fencing,wire fencing,and chain link fencing along the site's perimeter, as shown on the survey prepared by Nathan
Taft Corwin,III, Licensed Land Surveyor, and last updated February 20,2025.
BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article IV, Section 280-18;
and the Building Inspector's November 8, 2024, AMENDED December 23, 2024,Notice of Disapproval based on
an application for a permit to legalize an "as built" single family dwelling, an "as built" accessory stucco building
for storage use, and an "as built" accessory garage for storage use only, at; 1) dwelling located less than the code
required minimum rear yard setback of 50 feet; 2) accessory stucco building for storage use located less than the
code required minimum rear yard setback of 15 feet; 3)the accessory garage for storage use,located in an area other
than the code required rear yard; located at 4500 Deep Hole Drive,Mattituck, SCTM No. 1000-115-17-3.
RELIEF REQUESTED: The applicant requests three variances to recognize and legalize the following `as-built'
improvements:
1. A 35.2 feet rear yard setback for the existing single-family residence with attached rear deck,where the
Code requires a minimum rear yard setback of 50 feet.
2. A 3.1 feet rear yard setback for an existing accessory storage building, where the Code; requires a
-minimum rear yard setback of 15 feet.
3. The placement of an existing accessory garage located in the side yard, where the Code requires the
placement of such structures in a compliant rear yard location.
ADDITIONAL INFORMATION: The applicant's agent provided the Board with an updated survey,.during the
public hearing,illustrating the use of the easement area(part of the Habor View at Mattituck subdivision)as a"field
and road runoff flow"receptacle,which then drains into a drainage ditch that is periodically cleaned leading to a dug
canal that feeds Deep Hole Creek. This survey matches the one provided in the application packet with the added
information relative to the use of the neighboring easement.
The applicant provided the following documentation:
1. Conditional Discharge, Index No. DCR 22050054 acknowledging the conviction of the applicant for
violations of the Town of Southold Town Code along with payment of a$1,000.00 fine, dated May 15,
2024. '
2. Copy of a Bargain& Sale deed,between Frank R. Zaleski and Kevin Cierach, dated March 11, 1994.
3. Copy of sworn testimony, by Frank R. Zaleski, illustrating the ownership and history of the parcel
including its subdivision and a time-line of how the existing, `as-built' structures (subject of this
application)were relocated from various locations in Mattituck to this former agricultural property(the
residential subdivision which surrounds the parcel today did not exist at the time of the various structures
relocation).
4. A septic plan,designed by Maggie Frances Vavrica,Licensed Professional Engineer,dated May 3,2023
and stamped by Suffolk County Department of Health Services(approval box)May 17,2023:with a H.S.
Reference No.R10-97-0071.
5. A certification by the Suffolk County Water Authority that the site is serviced by public water, dated
March 10,2023.
6. Copy of an Order of Consent along with a receipt of payment of a$1,000.00 fine to the New!York State
Department of Environmental Conservation, dated June 13,2008.
7. Copy of multiple Town of Southold COMPLAINTS dated March 28,2023.
8. Copy of Town of Southold Building Department applications for building permit, for:
a. An existing single-family residence with attached decking, including architectural plans and
elevations labeled A-1 through A-05 prepared by Mark Kevin Schwartz, Registered Architect,
and dated January 22,2024.
b. An existing accessory structure(stucco), including architectural plans and elevations labeled A-
1, prepared by Mark Kevin Schwartz,Registered Architect and dated January 22, 2024. These
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plans do NOT conform to the proposed use as an accessory storage shed, but rather illustrate a
non-permitted dwelling unit.
c. An existing accessory garage, including architectural plans and elevations labeled A-1 and A-2,
prepared by Mark Kevin Schwartz, Registered Architect and dated January 22, 2024. While
these plans partially conform to the use as an accessory garage, the proposed second-floor
storage space, accessed via an exterior access stair, does NOT conform and is presented as a
non-permitted dwelling unit.
9. The parcel is the beneficiary of prior Zoning Board of Appeals relief under file #3548, dated 1986
allowing the creation of the lot in its current configuration.
The applicant's agent testified that the buildings were all moved to the present site during the mid-20'Century by a
former owner and that the current owner, without the benefit of a building permit or a Certificate of Occupancy,
knowingly altered the structures from storage buildings associated with an agricultural operation to various dwelling
units and rented them without the benefit of a Town Rental Permit. The applicant's agent further explained that the
applicant is in the process of cleaning up the site and uses and desires to legalize the conversion of the largest structure
to a residence with associated accessory structures: a garage and a storage shed,as part of a Town of Southold Justice
Court Judicial Order.
The site's topography shifts from the roadway, down towards a hollow, before rising in the east. The proposed"as
built"residence is sited to take advantage of the terrain with an entrance level accessed via the roadway and a walk-
out type basement with garages at the rear of the house. The accessory garage is also placed along the shift of the
terrain,allowing for garage access via the driveway running behind the house,along with the accessory shed placed
at the`flat'low point of the property,also behind the house. Today,the subject parcel is surrounded by and developed
with single-family residences and is no longer associated with a bona fide agricultural operation.
Testimony was offered by neighbors relative to the site's history and use. One neighbor(property owner to the east
with the drainage easement on his lot) spoke at length in opposition to the application citing the overall negative
condition of the property as a result of the non-compliant uses and storage and parking of various vehicles and
materials.
No other member of the public or an immediate neighbor spoke in favor of or in opposition to this application.
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 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 subject parcel, while once located on the fringe of an
actively farmed area within the hamlet of Mattituck, is today surrounded by developments of single-family
residences. The `as built' structures predate the majority of homes in the immediate area. The legal conversion of a
relocated barn structure,with conforming front yard setback, into a single-family residence with a reduced rear yard
setback will not be discernible to those using the public roadway. The subject property is shielded from sight with a
mature row of evergreen plantings and the R-40 Zone allows for a single-family residence on the parcel.
Furthermore, as a result of the shift in terrain from the roadway down behind the house,built into the hillside,to the
drainage ditch located on an easement to the east(which is 15 feet wide),the actual rear yard setback is not perceived
to negatively impact the community. Accessory garages, while common to residences in the immediate
neighborhood,are typically located behind the residence,however,again as a result of the shift in terrain and limited
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rear yard space,further compromised with a large accessory shed,the`as built' structure is located in the next logical
spot, the side yard. The subject parcel is over 400 feet long but only approximately 137 feet wide, on average,
limiting placement of the structure. The `as built' accessory shed, with a reduced rear yard.setback, will not be
discernible to members of the community and has been(along with the proposed accessory structures) in its present
spot since the 1950s.
2. Town Law V67-b(30)(2). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. As a result of the initial placement of the three structures in
the mid-20''century, at a time prior to the adoption of the Zoning Code, and as a result of the addition of a deck on
the rear of the house (there is no access to the rear yard from the main residential floor as the house is built on a
hillside with basement and garage access below) any and all expansion of the structures will require some form of
relief.
3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 29.6%
relief from the code relative to the reduced rear yard setback of the `as built' single family residence; 100% relief
from the code relative to the accessory garage located in a side yard; and 79.3% relief from the code relative to the
reduced rear yard setback of the accessory shed structure. However, the `as built' improvements (originally part of
an agricultural use)moved to the site prior to the adoption of the Zoning Code and previously used for various storage
purposes,when legally converted to a residence and accessory uses associated with a residence will be screened from
the roadway where the majority of passersby will have no awareness of the requested relief. While there is potential
impact on the residence immediately to the east of the subject parcel,as a benefit of a 15 feet wide easement on their
property, sufficient shielding of natural or planted vegetation should minimize the impact of the conversion of these
pre-existing,non-conforming structures to a single-family residence with accessory storage structures.
4.. Town Law V67-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. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code, install appropriate on-site
drainage(per the Town of Southold Engineer)and seek approval from the Town of Southold Board of Trustees.
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. Furthermore,
as stated by the applicant's agent,the applicant knowingly made alteration to these structures without the benefit of
a Town of Southold Building permit and knowingly converted them to multiple (illegal) dwelling units and
furthermore, knowingly without the benefit of a Town issued RENTAL PERMIT, individually rented them out for
their own personal gain,to the detriment of the community.
6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of the conversion of an `as built' storage structure to a single-family residence with
attached rear deck with a reduced rear yard setback of 35.2 feet where the Code requires a minimum rear yard setback
of 50 feet; the legalization of the `as built' accessory garage with second floor storage space located in a side yard
where the Code requires such structures to be located in a rear yard; and the legalization of the `as built' accessory
structure with a 3.1 feet rear yard setback where the Code requires a minimum rear yard setback of 15 feet, 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 Planamento, seconded by Member Steinbugler, and duly
carried,to
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#8010 Cierach
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GRANT the variances as applied for,and shown on the survey prepared by Nathan Taft Corwin III,Licensed Land
Surveyor,and last revised February 20, 2025 and the architectural plans and elevations for the residence, labeled
A-1 through A-5,prepared by Mark Kevin Schwartz,Registered Architect, and dated January 22,2024.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Approval for the relief as granted by the Town of Southold Board of Trustees.
2. The septic system,servicing the residence,on the subject property,must be approved by the Suffolk County
Department of Health Services, as verified by the Town of Southold Building Department.
3. Dry wells are to be installed, to the satisfaction of the Town of Southold Engineer, for all structures on the
site to ensure that any/all stormwater is contained on the subject property,without discharge into the adjacent
and neighboring `easement area' or the dug canal leading to Deep Hole Creek.
4. The applicant is to submit revised architectural plans for both of the accessory buildings illustrating the use
of Building III as a garage with unfinished storage above and Building II as an extra accessory storage space
building(interior unfinished)along with a copy of an updated survey illustrating the correct labeling of each
structure (i.e. residence, accessory garage with unfinished storage over, accessory storage building) to the
satisfaction of this Board prior to the issuance of a building permit(these plans are to be used to apply for
that permit).
5. All heat, roof penetrations, propane tanks, interior plumbing, water lines, etc. are to be removed from the
accessory structures to the satisfaction of the Town of Southold Building Department prior to the issuance
of a building permit and final certificate of occupancy for each storage structure.
6. The septic systems servicing the former two, illegal dwelling units on the site (2nd floor of garage structure
and stucco shed structure) are to be demolished, collapsed and filled in to the satisfaction of the Town of
Southold Building Department.
7. Water lines are to be disconnected from the two accessory storage structures.
8. The two accessory structures (garage with attic storage and the `stucco' accessory shed) shall remain
unconditioned, non-habitable storage space.
9. The existing rear deck addition on the single-family residence may not be covered over, enclosed or
converted to habitable space of any kind.
10. The"as built" residence may not be used or RENTED until a Certificate of Occupancy has been obtained
along with a RENTAL PERMIT.
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 rkht 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.
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Any deviation from the variances)granted herein as shown on the architectural drawings,siteplan 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.
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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,and Steinbugler. (4-0)
(Member Lehnert absent)
6AU 14
Leslie Kanes Weism n, Chairperson
Approved for filing /j q /2025