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Southold, NY 11971
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BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
RECEIVED
9 2C09
S t odlwnClerl
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING HELD NOVEMBER 12, 2009
ZBA File Ct 6328 - Kevin and Betty Ann Morris, Applicants
Property Location: 435 Oak Street, Cutchogue
CTM# 1000-136-01-27
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 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 14-14 to 23, and the Suffolk
County Department of Planning issued its reply dated August 19, 2009 stating that this
application is considered a matter for local determination as there appears to be no
significant county-wide or inter-community impact.
PROPERTY FACTS/DESCRIPTION: The subject property is a 6,250 square foot parcel as
shown on the survey prepared by Barrett, Bonacci and Van Weele dated September 24,
2008. The property has 50 feet frontage on Oak Street and is 125 feet deep. The property
is improved with a one story dwelling and a detached garage.
BASIS OF APPLICATION: Request for a Variance under Section 280-124 based on the
Building Inspector's May 27, 2009 Notice of Disapproval concerning additions and
alterations (to the existing single-family dwelling) which will be less than the code-required
minimum setback of 10 feet on a single side yard.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on October 29, 2009,
at which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, the Zoning Board
finds the following facts to be true and relevant:
Page 2- November 12, 2009
ZBA # 6328 - Kevin and Betty Ann Morris, Applicants
Property Location: 435 Oak Street, Cutchogue
CTM# 1000-136-01-27
AREA VARIANCE RELIEF REQUESTED: The applicant requests a variance to maintain a
side yard setback of 2.9 feet to a proposed one story addition to the preexisting dwelling as
shown on the survey prepared by Barrett, Bonacci and Van Weele dated September 24,
2008.
ADDITIONAL INFORMATION: The existing garage is to be removed under Building Permit
#34388. A new sanitary system is proposed.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Town Law §2'67-b(3~(b~(3~(1). Grant of the variance will not produce an undesirable
change in the character of the neighborhood or a detriment to nearby properties. The
proposed addition is in the rear yard and the style is in kind of that which exists in this
neighborhood.
2. Town Law §267-b(3)ib)(2). The benefit sought by the applicant cannot be achieved by
some method, feasible for the applicant to pursue, other than an area variance because the
dwelling has preexisting nonconforming side yard setbacks, which will require an Area
Variance for a proposed addition.
3. Town Law §-267-b(3)(b~(3). The variance requested herein is not substantial. The
proposed addition' will maintain the same preexisting nonconforming side yard setback as
the preexisting dwelling.
4. Town Law §26r7-b{3)~b)('5~. The difficulty has not been self-created because the dwelling
was constructed apd exists in its preexisting nonconforming location.
5. Town Law §267-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.
6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and
adequate to enable the applicant to enjoy the benefit of additional living space to their
dwelling, 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 Schneider,
seconded by Chairman Goehringer, and duly carried, to
GRANT the variance as applied for and shown on the September 24, 2008, revised
9/30/09 PlOt Plan prepared by Barrett, Bonacci and Van Weele, P.C.and Architectural
Page 3- November 12, 2009
ZBA # 6328 - Kevin and Betty Ann Morris, Applicants
Property Location: 435 Oak Street, Cutchogue
CTM# 1000-136-01-27
Drawings Sheets CS-l, A-l, A-2 and A-3 dated 3-11-09 inclusively, prepared by
Bruce Nagel, Architect.
Any deviation from the variance given such as extensions, or demolitions which are not shown on
the applicant's diagrams or survey site maps, 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.
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.
Vote of the Board: Ayes: Members Goe~air. r~n), Simon, ~eisman, and
Schneider. Member Horningwas absent. Thi~soluti~~?J~2~'4-0).
' .~(~'oved for Filing 11/./? /2009