HomeMy WebLinkAbout8022 BOARD MEMBERS, ��0f SUUr Southold Town Hall
Leslie Kanes Weisman, Chairperson 53095 Main Road•P.O.Box 1179
Patricia Acampora Southold,NY 11971-0959
Robert Lehnert,Jr. Office Location:
Nicholas Planamento G,'�c • �Q Town Annex/First Floor
Margaret Steinbugler C�U 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
RECEIVED
http://southoldtownny.gov #ta 6 2. 15TM
ZONING BOARD OF APPEALS SEP — 9 2025
TOWN OF SOUTHOLD
Tel. (631) 765-1809 �
Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 4,2025
ZBA FILE: #8022
NAME OF APPLICANT: Gary& Mary Napolitano
PROPERTY LOCATION: 1250 Blue Marlin Drive, Southold,NY SCTM No. 1000-57-1-34
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and detennines that this review falls under the Type H 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 June 4, 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 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 July 2, 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.
L Structure within this area should be avoided or minimized due to repetitive loss from storm damage,
including hurricanes.
The 3,963-sq. ft. gross floor area, where 3197.6 sf is permitted in this structural hazard area, is not
supported.
The 21.4% lot coverage, where 20% maximum is permitted, is not supported by Policy 4. Minimize
loss of life, structures, and natural resources from flooding and erosion.
4.1 Minimize losses of human life;and structures from flooding and erosion hazards.
A. Minimize potential loss and damage by locating development and structures away from
flooding and erosion hazards.
5. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse
environmental effects,minimize the need for structural flood protection measures,or expansion
of existing protection measures and to meet federal flood insurance program requirements.
2. Groundwater elevation is expected to rise over time in this structural hazard area,threatening the built
structures.
Page 2, September 4,2025
98022,Napolitano
SCTM No. 1000-57-1-34
However, the Board of Appeals has determined that the proposed amended application, as described herein,
mitigates LWRP non-compliance and therefore is now CONSISTENT with the LWRP
PROPERTY FACTS/DESCRIPTION: The subject property is a nonconforming 18,781 sq.ft.parcel located in an
R-40 Zoning District. The property has a road frontage of 110 feet along Blue Marlin Drive, it then turns southeast
for 171.57 feet to Peconic Bay,then turns southwest along Peconic Bay for 119.45 feet before returning 161.13 feet
back to Blue Marlin Drive. The property is improved with an existing one story residence, attached garage, wood
deck with a brick patio surrounding an accessory in-ground swimming.pool in the rear yard as shown on survey
prepared by Kenneth M. Woychuk, LLS, last revised March 6,2024.
BASIS OF APPLICATION: Request for a Variance from Article XXXVI, Section 280-207 and the Building
Inspector's May 5, 2025 Notice of Disapproval based on an application for a permit to construct additions and
alterations to an existing single family dwelling;at; 1)gross floor area exceeding permitted maximum square footage
for lot containing up to 20,000 square feet in area;.located at: 1250 Blue Marlin Drive, (Adj. to the Peconic Bay)
Greenport,NY. SCTM No. 1000-57-1-34.
RELIEF REQUESTED: The applicant requests a variance from the allowable GFA of 3,936 square feet where only
3,197.60 square feet is permitted.
AMENDED APPLICATION: During the hearing,the applicant was asked to bring the plan into more conformity
with,the code. The applicant on August 15, 2025, submitted a plan decreasing the GFA to 3,569 sq. ft., thereby
setting it within the allowable average of 3,595 sq. ft. and bringing the plan into more conformity with the code.
ADDITIONAL INFORMATION: During the initial public hearing, the applicant's representative was advised
regarding the recommendation to calculate average Gross Floor Area(GFA)in accordance with the ZBA guidelines.
The Board requested that the applicant reconsider the proposal and submit revised plans that more closely conform
to applicable code requirements. On August 15,2025,the applicant submitted revised plans(unsealed)reflecting a
GFA consistent with the allowable neighborhood average.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on July 10,2025 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). The Board finds that the granting of the requested variances will not result in an
undesirable change in the character of the neighborhood, nor will it cause a detriment to nearby properties. The
subject dwelling is presently one of the few single-story residences situated along the bayside of Blue Marlin Drive,
where the prevailing development pattern consists of a mix of one- and two-story homes, with the majority of
waterfront properties improved with two-story residences.The proposed addition of a modest second story,designed
to remain within the allowable Gross Floor Area limits, is consistent with the existing neighborhood character and
will not adversely affect the visual or physical environment of the surrounding properties.
2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method,feasible
for the applicant to pursue,other than an area variance. Due to the Gross Floor Area(GFA)limitations established
by the Zoning Code,the applicant would otherwise be precluded from constructing a second-floor addition on the
subject premises.Relief from the GFA standards is therefore necessary in order for the applicant to reasonably enjoy
the benefit of such an addition. Pursuant to the averaging provisions applicable to neighborhood GFA, the Board
finds that the applicant's amended plans conform to the allowable neighborhood average as prescribed by the Code.
Page 3, September 4,2025
#8022,Napolitano
SCTM No. 1000-57-1-34
3. Town Law V67-b(3)(bM(3). The variance granted herein as amended is not mathematically substantial,
representing approximately 12% relief from the code. Moreover, the amended application conforms to the Gross
Floor Area average of other dwellings in the neighboring community, and adheres to all waterfront setbacks, and
FEMA regulations. Therefore,this proposed amended addition will have a minimal impact on the subject property,
and the surrounding neighborhood.
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. 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 4267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a second-floor addition 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 Lehnert, seconded by Member Steinbugler,and duly
carried,to
DENY as applied for and GRANT THE RELIEF AS AMENDED as shown on site plans and architectural plans
(unsigned and unsealed)prepared by Robert Brown,Architect, last revised August 15,2025.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Receipt of two sets of dated, signed and sealed site plans and architectural plans to include granted relief of
the amended Gross Floor Area measuring 3,569 sq. ft.
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 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 variances) 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 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.
Page 4,September 4,2025
#8022,Napolitano
SCTM No. 1000-57-1-34
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 REOUIRED 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
r
Vote the Board: Ayes: Members Lehnert,Acampora, and Steinbugler. (3-0)(Member Weisman Absent,
Me1l Ilanamento Recused)
ch las anamento,Vice Chair
Ap ved for filing /Cj /2025