HomeMy WebLinkAbout8013 BOARD MEMBERS ��OF 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. G Office Location:
Nicholas Planamento ,�`c► • �O Town Annex/First Floor
Margaret Steinbugler C�Ul�ly 54375 Main Road(at Youngs Avenue)
' Southold,NY 11971
http://southoldtowmy.gov RECEIVE®
ZONING BOARD OF APPEALS OL 966 "V\
TOWN OF SOUTHOLD JUN 2 3 2025
Tel. (631)765-1809
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lutQh®Id Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 18,2025
ZBA FILE: #8013
NAME OF APPLICANT: Joseph S. Pietrangelo
PROPERTY LOCATION: 795 Founder's Path, Southold NY SCTM: 1000-64-2-40
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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 not required to be referred to the Suffolk
County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23.
LWRP 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, non-conforming, rectangular shaped, 11,369.16 square feet,
.261 acre parcel, located in the R40 Zoning District, measures 75 feet along Founder's Path,then runs east 150 feet
along a residentially developed parcel to the north, then runs south 75 feet along a second residentially developed
parcel to the east, and returns 150 feet along a third residentially developed parcel to the south. The parcel is
improved with a single-family residence with a roof over porch (front fagade), an attached deck (subject of this
application), an outdoor shower, masonry walkways, a gravel driveway with Belgian block apron and curbing, and
a proposed 20 feet by 40.feet inground swimming pool with stone paver terrace,as shown on the survey prepared by
Michael K. Wicks,Licensed Land Surveyor, and dated January 30,2025.
BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124 and the Building
Inspector's March 6, 2025 Notice of Disapproval based on an application for a permit to legalize an"as-built" deck
addition and to construct an accessory in-ground swimming pool; at 1) deck is located less than the code required
minimum side yard setback of 10 feet; 2)more than the code permitted maximum lot coverage of 20%; located at:
795 Founders Path, Southold,NY. SCTM No. 1000-64-2-40.
RELIEF REOUESTED: The applicant is requesting two variances related to existing and proposed improvements
on the property as follows:
To legalize an as-built attached deck located at the rear of the house, measuring 44.10 feet by 14 feet, which adds
approximately 617.40 square feet of lot coverage. This results in a total lot coverage for the house and deck of 2,175
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SCTM No. 1000-64-2-40
square feet, or 19.1%. The deck maintains a side yard setback of 8.1 feet, where a minimum setback of 10 feet is
required based on the lot size.
A proposed in-ground swimming pool measuring 20 feet by 40 feet, which includes an 8-foot by 8-foot swim spa
and adds 800 square feet of lot coverage.Together with the existing house and deck,this brings the total lot coverage
to 2,975 square feet, or 26.2%, exceeding the 20%maximum lot coverage permitted in the R-40 Zoning-District.
ADDITIONAL INFORMATION: The applicant has submitted signed plans for the as-built deck; labeled A0, Al,
A2, and A3,prepared by Joseph Fischetti,Jr., Licensed Professional Engineer,dated January 16,2025. These plans
include a Framing & Footing Plan, Existing Deck Plan, Deck Section, and Deck Elevation. Additionally, the same
engineer provided undated but signed plans for a proposed inground swimming pool measuring 20 feet by 40 feet,
which includes an 8-foot by 8-foot spa("hot tub") located at the shallow end. These pool plans illustrate the pool
layout,a cross-section,pool equipment plan,and a structural side cut.
The improvements on the subject parcel are covered by the following Certificates of Occupancy:
#Z-9918, dated April 10, 1980; covering a single-family residence constructed with reduced side yard setbacks
pursuant to ZBA Decision#2631.
#Z-44392, dated August 5,2023, covering interior alterations to the single-family residence.
Prior relief was granted by the Zoning Board of Appeals under file #2631, dated November 15, 1979, which
authorized the initial construction of the single-family residence with reduced side yard setbacks of no less than 13
feet from the southerly lot line and no less than 8 feet from the northerly lot line.
On May 30,2025, in anticipation of the Board's request for examples of similar prior relief granted in the immediate
area,the applicant's agent submitted a packet of information including the following ZBA decisions:
#7531, dated September 16, 2021, permitting a reduced front yard setback and excessive lot coverage.of 20.85%.
This decision references additional prior relief including:#4309(lot coverage 28.66%),#3092(lot coverage 23.1%),
and#7355 (lot coverage 23.6%).
#7729, dated February 16, 2023, permitting a reduced front yard setback of 23 feet and a reduced secondary front
yard setback of 10 feet.
The applicant proposes to maintain the existing 8.1-foot side yard setback, as previously granted under ZBA#2631
for the initial construction of the residence,which is consistent with the as-built deck addition at the rear of the home.
The applicant has stated that reducing the size of the deck to decrease lot coverage is not feasible,which affects the
conformity of the variance appeal for the proposed inground swimming pool.
Currently,the site's lot coverage stands at 19.1%without the proposed pool,where a maximum of 20%is permitted.
The applicant expressed willingness to modify the pool design by removing the 8-foot by 8-foot swim spa and
reducing the overall pool size to better conform to zoning requirements. Various pool size options were discussed,
including average lot coverage figures presented by a Board member, and the applicant indicated a willingness to
work within the Board's parameters.
During the hearing, an immediate neighbor raised concerns regarding privacy and inquired about the proposed
location of the pool mechanical equipment.
No other members of the public or immediate neighbors spoke either in favor of or in opposition to the application.
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FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board-of Appeals held a public hearing on this application on June 5,2025 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). The granting of a variance for the existing "as-built" deck, which has a side yard
setback of 8.1 feet where a minimum of 10 feet is required by code, will not result in an undesirable change to the
character of the neighborhood nor cause a detriment to nearby properties. Decks are commonly attached additions to
homes throughout the Town of Southold and are prevalent within the immediate Founder's Landing neighborhood.
Furthermore,due to the small lot sizes established in this neighborhood during the early 20th century,many properties
exhibit front, rear,or side yard setbacks that do not conform to current zoning requirements.
However, the granting of a variance for excessive lot coverage specifically, a proposed 26.2% lot coverage to
accommodate the installation of a 20-foot by 40-foot inground swimming pool,where the code permits a maximum
of 20% would produce an undesirable change to the character of the neighborhood and could negatively impact
adjacent properties. A pool of this size on an 11,369.16-square-foot lot alone represents approximately 7% lot
coverage. When combined with the existing residence and the"as-built"deck,the total coverage rises to 26.2%.
This level of lot coverage is uncommon in the Founder's Landing neighborhood, where properties typically remain
within or closer to code limits. Moreover, swimming pools are not characteristic of this bayfront beach community,
making the proposed pool inconsistent with the prevailing neighborhood pattern.
2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved through alternative methods
that do not require an area variance. Specifically,the applicant could reduce the size of the deck or remove it entirely,
thereby eliminating the need for relief from the side yard setback requirement and avoiding excessive lot coverage.
This would allow compliance with both the minimum 10-foot side yard setback and the 20%maximum lot coverage
permitted by the zoning code.
It is important to note, however,that the existing residence was constructed pursuant to a valid building permit and
in accordance with a prior Zoning Board of Appeals decision (Appeal #2361), which authorized reduced side yard
setbacks. While the applicant could have constructed a more conforming deck stepped in from the side fagade, the
current deck maintains the previously approved 8.1-foot side yard setback and does not further encroach beyond the
relief granted under the earlier appeal.
The applicant has indicated that the current lot coverage stands at 19.1%. As such, they are willing to work within
the scope of any relief the Board is prepared to grant in order to allow for the installation of an inground swimming
pool, while striving to remain as close as possible to code-compliant lot coverage.
3. Town Law 4267-b(3)(b)(3). The variance requested for a reduced side yard setback of 8.1 feet,where a minimum
of 10 feet is required by code, is mathematically substantial,representing a 19%deviation from the zoning standard.
However,the applicant proposes to maintain the existing side yard setback of 8.1 feet in alignment with the current
structure's fagade, preserving the as-built deck without any additional encroachment. This request does not exceed
the relief previously granted under Zoning Board of Appeals Decision 42631,which authorized the reduced side yard
setback for the original construction of the residence.
In contrast,the requested variance for excessive lot coverage proposing 26.2% where the code permits a maximum
of 20%is also mathematically significant,representing a 31%increase over the allowable limit. Granting such relief
would establish an unnecessary and problematic precedent that could negatively affect the surrounding community.
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SCTM No. 1000-64-2-40
It risks eroding the established development pattern and could diminish the charm and character that define the
Founder's Landing neighborhood.
4. Town Law 4267-b(3)(b)(4). Evidence, including testimony about pool noise,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.
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,
the applicant expanded the home by adding an attached deck without obtaining a building permit and without
adhering to the minimum required 10-foot single side yard setback. This unauthorized expansion has resulted in the
need for additional Board relief,specifically related to excessive lot coverage,in order to accommodate the proposed
800-square-foot(20 feet by 40 feet)inground swimming pool.
6. Town Law U67-b. Grant of the requested relief relative to the reduced side yard setback of 8.1 feet where 10
feet is required is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an
attached deck measuring 44.10 feet by 14 feet and grant of the requested relief for excessive lot coverage of 26.2%
where a maximum of 20%is permitted by code is not the minimum action necessary to enable the applicant to enjoy
the benefit of an inground swimming pool 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 Planamento,seconded by Member Lehnert,and duly carried,
to
GRANT the variance as applied for relative to the reduced side yard setback of 8.1 feet for the `as built' deck; and
DENY as applied for the proposed excessive lot coverage and GRANT ALTERNATIVE RELIEF of 22%
maximum lot coverage.
Before applyina for a building permit, the applicant or agent must submit to the Board of Appeals for approval and
filing, two sets of the final site plan,pool plan and schematics and a recalculation of lot coverage not to exceed 22%
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 provide two signed and sealed site plans and pool schematics;with recalculation of the
lot coverage as indicated in the Alternative Relief Granted.
2. Evergreen screening shall be planted and maintained along the perimeter of the rear yard.
3. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be
contained in a shed type 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 and shown on the site plan.
5. The `as built' deck cannot be roofed over or enclosed in any way, is to remain open to the sky without the
benefit of covering of any kind,temporary or permanent, and may not become habitable space.
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6. 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.
7. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built"
improvement(s)within 12 months,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 Certificate of occupancy in the time allotted.
This approval shall not be deemed effective until the required conditions have been met.At the discretion of the
Board ofAppeals,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 relief is 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 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 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 reliefgranted 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: Members Weisman(Chairperson), Planamento,Lehnert and Steinbugler. (4-0)(Member
Acampora Absent)
Leslie Kanes Weis An, Chairperson
Approved for filing / ��/2025