HomeMy WebLinkAbout6337Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
EO. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net RECEIVED
BOARD OF APPEALS
TOWN OF SOUTHOLD ,,
Tel. (631) 765-1809 Fax (631) 765-9064
FINDINGS, DELIBERATIONS, AND DETERMINATIOI~ou~ho~d
MEETING OF DECEMBER 22, 2009
ZBA FILE # 6337: HIGHLAND HOUSE FI, LLC, Applicants
PROPERTY LOCATION: Oceanview Avenue and Heathulie Avenue, Fishers Island;
CTM Pame11000-9-11-7.12.
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 October 6, 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.
LWRP DETERMINATION: This application is not subject to review under Chapter 268
because the variance relief requested does not involve features that relate to a regulated
natural feature or a bulkhead or other shoreline.
PROPERTY FACTS/DESCRIPTION: The subject property is a 198,679 square foot
parcel measuring 1,455.92 (82.41 + 259.89+461.92+651.70) feet along Heathulie
Avenue on the east, 142.95 feet on the south, 1,419.02 (167.72 + 401.25 + 625.65
+ 224.40) feet on the west, and 388.53 (30.28+90.06+188.79+ 79.40) feet along
Ocean View Avenue on the north. The lot is improved with a single family house and
a garage/cottage as shown by a survey prepared by CME Associates, dated July 9,
2008.
BASIS OF APPLICATION: Requests for Variances from Zoning Code Section 280-
14 for this proposed subdivision of property and proposed single-family dwelling.
Based on the Building Inspector's August 31, 2009 Notice of Disapproval, the
proposed conversion of the existing garage to a single-family dwelling is not
permitted for the following reasons: (1) its size is less than the code-required
minimum livable floor area of 850 square feet, and (2) its location is less than 60 feet
from the front yard lot line.
Page 2- December 22, 2009
ZBA File#6337 - Highland House FI, LLC
CTM: 1000-9-11-7.2 at Oceanview Ave. & Heathlie Ave., Fishers Island
ADDITIONAL INFORMATION: The applicant in Appeal No. 6253 sought a variance
based on the Building Inspector's November 10, 2008 Notice of Disapproval
concerning alterations to the subject nonconforming garage/carriage house. The
Zoning Board, on May 19, 2009, denied the application for a Pre-Existing Certificate
of Occupancy on the grounds that the applicant had not demonstrated that he/she
could not realize a return on the property without a variance and that the result
sought by the applicant, restoring the carriage to its prior use as a second dwelling,
can be achieved by partitioning the subject property into two conforming lots. On
December 17, 2009, applicant submitted revised floor plan information as requested
by the Board on December 3, 2009 at the Public Hearing.
The applicants recognize that a small portion of the existing parking area for the Hay
Harbor Club, which is located near the carriage house, encroaches onto their
property. Applicants have indicated that they are agreeable to maintaining the status
quo and have no intention of erecting a fence or otherwise acting to prevent others
from the de minimus use of that part of their property as a right of way for parking.
The proposed subdivision will require Planning Board review.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on December
3, 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:
RELIEF REQUESTED: The applicant requests a variance for a living space of 808
square feet and a front-yard setback of 5.2 feet for the existing structure.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted, and personal inspections, the Board makes the following findings:
1. Town Law Sect. 267-b(3~(b)(3)(1). An undesirable change will not be produced in
the character of the neighborhood or a detriment to nearby properties. The structure
in question has been used for dwelling purposes in its present location for 75 plus
years prior to 2002. No exterior changes are anticipated.
2. Town Law Sect. 267-b (3~(b)(2). The benefit sought by the applicant, preserving
this historic structure in its present location, cannot be achieved by some method
feasible for the applicant to pursue other than an area variance. Moving the
structure to another location on the property would significantly alter the historic
features of the property and impose considerable economic hardship on the
applicant.
3. Town Law Sect. 267-b (3)(b}(3). The relief requested with respect to the front
yard is setback is substantial. This should be seen in the light of the fact that the
carriage house has long existed in its current location. A variance with respect to
minimum living area is not required because the actual living area, as defined by
Page 3- December 22, 2009
ZBA File#6337 - Highland House FI, LLC
CTM: 1000-9-! 1-7.2 at Occanvicw Ave. & Heathlie Ave., Fishers island
Section 280-4 of the Southold Town Code, exceeds the 850 square foot minimum.
The Zoning Board finds that the Building Department's Notice of Disapproval was
based on a mistake in the architect's drawing, wherein he substituted the inside
measurements of the living space instead of the space within the exterior walls of the
dwelling unit. A variance with respect to minimum living area, calculated at 808
square feet if the thickness of the wall is not included, would not be substantial, as it
would amount to no more than five per cent.
4. Town Law Sect. 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. No exterior changes to the
structure are anticipated.
5. Town Law Sect. 267-b (3)(b),~5). The difficulty has not been self-created so far
the structure has existed in its present location for more than 75 years. The need for
a variance for living space is a consequence of the Zoning Board's denial (Appeal
No. 6253) of permission to restore the structure's use as a second dwelling and
recommendation of subdivision herewith applied for.
6. Town Law Sect. 267-b. Grant of the requested relief is the minimum action necessary
and adequate to enable the applicant to enjoy the benefit of a garage conversion 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 under New
York Town Law 267-b, a motion was offered by member Simon, seconded by
Member Weisman and duly carried, to
GRANT the area variances as applied for. As shown on revised
floor plan dated January 20, 2009 Sheets 100 and 101, dated stamped 12/17/09 by
the Zoning Board of Appeals, and shown on subdivision plan dated August 3, 2009
prepared by: CME Assoc. Engineering, Land Surveying & Architecture, PLLC.
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.
Page 4- December 22, 2009
ZBA File#6337 - Highland House FI, LLC
CTM: 1000-9-11-7.2 at Oceanview Ave. & Heathlie Ave,, Fishers Island
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 Goehringer (Chairman), Simon, Weisman and
Schneider. Member Homing was absent. This Resolution was duly adopted (4-0)
rard P. Goehringer, Chairman
proved for Filing 12/Z.,F'/09
.~E~EIVED ~
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