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Home My WebLink About8045 BOARD MEMBERS ��0f SO�T�o Southold Town Hall Leslie Kanes Weisman, Chairperson 01 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. Office Location: Nicholas Planamento • �OQ Town Annex/First Floor Margaret Steinbugler ��ycoum� 54375 Main Road(at Youngs Avenue) http://southoldtownny.gov J'i& S:3gq f� ZONING BOARD OF APPEALS T 2 0 2025 TOWN OF SOUTHOLD Tel. (631)765-1809 Sou 0 y- w FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 16,2025 ZBA FILE: No. 8045 NAME OF APPLICANT: Andrew Brooks PROPERTY LOCATION' 373 Broadwaters Road, Cutchogue,NY SCTM No. 1000-104-12-6.3 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 property is a 40,097.75 square foot parcel located in the Residential R-40 Zoning District. The westerly property line measures 200.12 feet, the southerly property line measures 200.00 feet,the easterly property line measures 200.00 feet and the northerly property line measures 176.74 feet. The property is improved with a one-story dwelling with an attached covered front porch and an attached wood deck at the rear of the dwelling as shown on the survey map prepared by Kenneth M Woychuk, LS, and revised October 25,2018. BASIS OF APPLICATION: Request for Variance from Article IV, Section 280-18 and the Building Inspector's March 24, 2025,AMENDED May 29, 2025 Notice of Disapproval based on an application for a permit to construct an addition to an existing single-family dwelling;at 1)located less than the code required minimum front yard setback of 50 feet; located at 373 Broadwaters Road, Cutchogue,NY. SCTM No. 1000-104-12-6.3. RELIEF REQUESTED: The applicant requests a variance to construct an addition to an existing single-family dwelling. The proposed construction having a front yard setback of 46.1 feet is not permitted pursuant to Section 280 Attachment 3 Bulk Schedule for R-40 which requires a minimum front yard setback of 50 feet. The proposed construction is shown on the Brooks Residence Proposed Site Plan SP-100 and Proposed Plan and Elevation A-100 prepared by Zachery E.Nicholson,Architect, dated June 22,2025. ADDITIONAL INFORMATION: During the Public Hearing a neighbor stated his support for the application. This property, a rectangular lot with no street frontage, lies behind a street-front home, is heavily screened, and cannot be seen from the street. This parcel is not a flag lot, but has legal access to the road via a right of way using a long driveway located on the parcel to the north. Page 2,October 16,2025 #8045,Brooks SCTM No. 1000-104-12-6.3 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 2, 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The addition is small in size, 9 feet by.10.3 feet, and will not be visible from the street. The property has matured vegetative screening on the east, south, and west sides that will prevent visibility from those directions. 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. The existing dwelling is positioned with a 36.5-foot front yard setback, which encroaches about one-third into the required 50-foot front yard setback, therefore any modification to the dwelling will require area variance relief. The addition will have a 46.1-foot front yard setback, which is greater than the existing dwelling's front yard setback. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 7.8% relief from the code. However, only a small portion of it extends into the front yard and that location is the only functional location for a mudroom addition.There will be no impact to any neighbors and no environment disturbance to the area. 4. Town Law 4267-b(30)(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 S267-b: Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an extension•to tld dwelling to comprise of a laundry room and mudroom,measuring 9 feet by 10.3 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 Acampora, seconded by Member Steinbugler, and duly carried,to GRANT the variance as applied for,as shown in the Proposed Site Plan and Proposed Plan&Elevation Sheets SP- 100 and A-100,prepared by Zachery E.Nicholson,Architect, last revised June 22, 2025. SUBJECT TO THE FOLLOWING CONDITION: 1. The applicant shall submit a corrected "Brooks Residence Proposed Site Plan SP-100", dated, signed and sealed, reflecting the actual lot lines of the subject property, which is a rectangular lot and not a flag lot as depicted in the original submission. Page 3,October 16,2025 #8045,Brooks SCTM No. 1000-104-12-6.3 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 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 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. 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)'(Member Weisman absent) is o s J. Planamento,Vice Chairperson Ap o ed for filing 10 /17- /2025