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Southold, NY 11971
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RO. Box 1179
Southold, NY 11971-0959
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BOARD OF APPEALS
TOWN OF SOUT}IOLD
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Tel. (631)765-1800 Fax (631,765-0064 ~~u. ,1~
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 22, 2009
ZBA FILE #6334 - NAME OF APPLICANT: MAGGI TRAVIS
PROPERTY LOCATION: 700 Brown Street (and along 7th Street), Greenport; CTM 1000-48-3-18.1.
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 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 Al4 14-23, and the Suffolk County Department of Planning issued its reply
dated October 15, 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: 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 non-conforming 9,011 sq. fi. comer parcel with
100 feet fronting on Brown Street and 90.12 fi. of frontage along 7th Street. It is improved with a single family, two
story, frame house and an 8 fix 12 fi. shed as shown on the survey dated 3/18/2008 by John C. Ehlers, Land
Surveyor, and the site plan dated 6/22/2009 by Frank Uellendahl, Architect.
BASIS OF APPLICATION: Request for a Variance from Code Section 280-124, based on an application for a
building permit for an as-built (porch) addition to a single-family dwelling, and the Building Inspector's July 13,
2009 amended Notice of Disapproval stating the new construction is not permitted at less than the code-required
minimum rear yard setback of 35 feet.
RELIEF REQUESTED: The applicant proposes to obtain a CO for an 8 ft. x 16 ft. roof over patio addition that
consists of a one story shed roof attached to the rear elevation of the applicant's two story residence supported by
two columns and open on three sides. The house is located at a conforming setback of 37.0 ft. from the rear yard.
The roof over addition reduces that setback to a non-conforming 28.9 fr where the code requires a 35 fL rear yard
setback.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
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 and makes the following
findings:
Page 2- December 22, 2009
ZBA Fileg6334 - Maggi Travis
CTM: 1000-48-3-18.1 at 700 Brown St., Greenport
On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following
findings:
1. Town Law §267-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 addition is a covered patio open on three sides and
used solely to provide shade over a small stone patio at grade and for shelter from inclement weather while
entering and existing the house from the rear door. It is in keeping with the size and styles of the applicant's home
as well as other homes in the neighborhood. The applicant's property has two front yards and the covered patio is
in the applicant's rear yard, facing the westerly neighbor's side yard, which causes no significant visual impact or
loss of privacy.
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 because, given the 37 ft. rear yard setback of thc applicant's
house, a covered patio addition could only be 2 linear ft. to be setback conforming, which is not enough to
function for the purposes needed.
3. Town Law §267-b (3)(b)(3). The variance granted herein is not substantial. The rear yard setback of the as
built covered patio addition is 28.9 ft. which is a 17% variance from the code required 35 ft.
4. Town Law §267-b (3)(b)(5). The difficulty has been self-created in so far as the applicant built the covered
patio addition in the summer of 2009 without obtaining a building permit or variance for the resultant non-
conforming rear yard setback.
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. The
subject property is flat with no naturally regulated features and all roof runoff remains on site, as per Town code.
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a rear yard covered patio 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 Weisman, seconded by Member Goehringer
(Chairman), and duly carried, to
GRANT the variance as applied for, and shown on the site plan and section dated 6/22/2009 prepared by Frank
Uellendhal, Architect; subject to the following:
Condition:
1. The covered patio addition shall remain unenclosed.
That the above condition be written into the Building Inspector's Certificate of Occupancy, when issued.
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 3- December 22, 2009
ZBA File#6334 - Maggi Travis
CTM: 1000-48-3-18.1 at 700 Brown St., Greenport
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: Member Weisman,~irman), Simon and Schneider. Member Homing was
absent. This Resolution was du~0)~ ./~-~,~/
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