HomeMy WebLinkAbout8037 BOARD MEMBERS ��0V SOUjy� Southold Town Hall
Leslie Kanes Weisman, Chairperson ,`4 !O 53095 Main Road•P.O.Box 1179
Patricia Acampora Southold,NY 11971-0959
Robert Lehnert,Jr. va Office Location:
Nicholas Planamento • �OQ Town Annex/First Floor
Olij'C�U��� 54375 Main Road(at Youngs Avenue)
Margaret Steinbugler
+ Southold,NY 11971
http://southoldtownny.gov RECEIVED
ZONING BOARD OF APPEALS `AtLi 6
TOWN OF SOUTHOLD SEP 2 3 Z025
Tel. (631) 765-1809
Sot old own lerk ..
FINDINGS, DELIBERATIONS AND DETERMINATIOl�
MEETING OF SEPTEMBER 18,2025 '
ZBA FILE No: #8037
NAME OF APPLICANT: William T. and Erica J. Whitmire
PROPERTY LOCATION: 960 Marratooka Road, Mattituck,NY SCTM No. 1000-115-9-8.1
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type 11 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 25,890 square feet, .59 acre trapezoidal-shaped
parcel in the R-80 Residential Zoning District measures 150.00 feet fronting Marratooka Road,then runs 203.97 feet
west to the rear property line, then runs 149.81 feet north along the westerly property line adjacent to Mattituck
Airport, then runs 147.67 (actual), 146.50 (Deed) feet along the northerly property line back to Marratooka Road.
The parcel is developed with a two-story frame dwelling with walk-out basement, concrete walkways, a shed,and a
teardrop-shaped driveway, all as shown on the survey prepared by Jason D. Leadingham, Licensed Surveyor, last
revised April 3, 2025
BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-
124; and the Building Inspector's May 30, 2025 Notice of Disapproval based on an application for a permit to
construct additions and alterations to an existing single family,dwelling and to legalize"as built"accessory shed; at
1) proposed construction is less than the code required minimum rear yard setback of 50 feet; 2) "as built" shed is
less than the code required minimum rear yard setback'of 10 feet; located at: 960 Marratooka Road, Mattituck,NY.
SCTM No. 1000-115-9-8.1.
RELIEF REQUESTED: The applicant requests two variances. The first, to construct a two-story addition to the
rear(west side)of the dwelling increasing the footprint by approximately 145 square feet and resulting in a rear-yard
setback of25 feet where a minimum of 50 feet is required and to expand the walk-out portion the basement,increasing
the footprint by approximately 56 square feet. The second is to legalize an as-built 9.5-foot by 9.8-foot shed with a
rear yard setback of 6 feet where a minimum of 10 feet is required.
Page 2, September 18,2025
William T. and Erica J. Whitmire
SCTM No. 1000-115-9,8.1
ADDITIONAL INFORMATION:
The property is covered by the following Certificates of Occupancy:
No. Z-1004 dated January 19, 1961 pursuant to Building Permit No. Z-751 for a private one family dwelling;
No. Z-10000 dated June 27, 1980 indicating the building conforms substantially to the requirements for a one-
family dwelling built prior to April 23, 1957;
No. Z-31633 dated June 27, 2006 pursuant to Building Permit No. 32021-Z for a deck addition to an existing
single family dwelling; and
No. 44107 dated May 17, 2023 pursuant to Building Permit No. 49009 for alterations and additions to existing
single family dwelling.
The application included a letter from the NYS Department of Environmental Conservation dated April 10, 2025
indicating the proposed project does not require a permit under the NYS Tidal Wetlands Act(the property is located
across the road from a marshland finger of Deep Hole Creek which leads to the Peconic Bay).
No member of the public spoke for or against the application.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on September 4,2025 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 V67-b(3)(b)(1). Grant of the variances and legalization of the "as built" shed will not produce an
undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is
somewhat sparsely developed with one dwelling across Marratooka Road and a few dwellings to the south of similar
frame construction and scale. North of the dwelling is an undeveloped wetland and drainage culvert. The dwelling
across from Marratooka Road to the east has frontage to the wetlands on its south side. The addition is on the
dwelling's west side which faces Mattituck Airport and offers minimal visibility from the street. Further, the shed
appears to have been erected by previous owners and to have been in place for many years. The reduced rear-yard J
setback for both the expansion of the principal dwelling and the `as built' shed will not be noticeable to those using
Marratooka Road, especially given the natural hilly terrain and the improvements being located to the rear of the
existing structure.
2. Town Law &267-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. The house exists and expansion on the east side would be
both more visible and more difficult due to the yard's slope down to Marratooka Road. Expansion on the north side
would approach an existing retaining wall while expansion on the south side would require excavation due to the
property's slope. Further, expansion on the west side appears to be the most practical for living space useability.
3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial,representing 50%relief
from the code for the addition's rear yard setback and 40% relief for the shed's setback. However, the existing
dwelling has a non-compliant rear yard setback of 32.1 feet, and the proposed addition reduces that by just 7.1 feet.
Both the addition and the shed face Mattituck Airport thereby having minimal impact on the neighborhood and the
shed has been in place for a number of years.
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.
Page 3, September 18,2025
William T. and Erica J. Whitmire
SCTM No. 1000-115-9-8.1
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 requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a modest two-story addition and the continued use of a small existing shed 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 Steinbugler, seconded by Member Acampora, and duly
carried,to
GRANT the variances as applied for, and shown on the Architectural Plans titled "Whitmire Residence"
prepared by Scott A. Sepela,R.A.,last revised May 18,2025,and the survey prepared by Jason D.Leadingham.
Licensed Surveyor, last revised April 3, 2025.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Prior to applying for a building permit for the dwelling additions and alternations the applicant shall provide
the Office of the Zoning Board of Appeals with revised signed and sealed architectural plans correcting the
labeling of the west elevation and showing the location(s)of dry wells.
2. The applicant must apply to the Building Department for a building permit for the "as built" shed 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.
3. The applicant must obtain a Certificate of Occupancy from the Building Department for the"as built"shed and
submit same to the Office of the Zoning Board of Appeals within 12 months of this decision 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 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 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 variance(s)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 nonconformities under the zoning code. This
Page 4, September 18,2025
William T. and Erica J. Whitmire
SCTM No. 1000-115-9-8.1
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 Planamento(Vice Chair),Acampora, Lehnert, and Steinbugler. (4-0)
icliolak Planamento,Vice Chair
Appr v for filing / /2025