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Home My WebLink About6500 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard E Goehringer George Horning Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northtbrk.net TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 SE[~ 2 7 2011 FINDINGS, DELIBERATIONS AND DETERM[INP~$~t'~Old Town Clerk MEETING OF SEPTEMBER 15, 2011 ZBA FILE: #6500 NAME OF APPLICANT: Michael Phillips SCTM#1000-33-4-3 PROPERTY LOCATION: 1000 Sound Drive (adj. to Long Island Sound) Greenport, NY 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 July 20, 2011 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 was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated August 24, 2011, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP, provided the following best management practices are followed: Landscaped buffer landward of the top of bluff including the entire Coastal Erosion Hazard Area, relocate drywells to landward of the proposed residence. PROPERTY FACTS/DESCRIPTION.' Subject property is improved with a single family dwelling and in-ground pool. It has 100.00 feet of frontage on Sound Drive, 382.00 feet along the west property line, 101.25 along Long Island Sound and 376.00 feet on the east property line as shown on the survey dated last revised March 29, 2011 prepared by Lisa McQuilkin, LS. BASIS OF APPLICATION: Request for Variances from Art. XXII Section 280-116A(1) and the Building Inspector's June 16, 2011 Notice of Disapproval based on an application for building permit to demolish and construct a new dwelling and accessory In Ground swimming pool, at; 1) less than 100 foot setback from top of bluff for the dwelling and accessory swimming pool. RELIEF REQUESTED: The applicant proposes to demolish the existing dwelling and pool and construct a new two story dwelling at 82.32 feet with an in-ground swimming pool at 65 feet from the top of the bluff where the code requires 100 feet. The requested bluff setback for the proposed dwelling and in-ground pool are greater than what pre-exists. Page 2 of 3 September 15,2011 ZBA File#6500 - Phillips CTM: 1000-33-4-3 ADDITIONAL INFORMATION: The Board requested information from Suffolk County Soil and Water. In a letter dated August 12, 2011, they stated the bluff is stable, the soil is well drained and they do not anticipate any adverse impacts on the stability and integrity of the bluff or other natural resources. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 1,2011, 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 §267-b(3)(b){1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Adjoining properties have structures set closer to the bluff than this proposal. Several dwellings in this neighborhood have in-ground swimming pools in the rear yard with non-conforming setbacks. 2. Town Law §267-b{3)(b){2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. However, the proposed location of the new dwelling and in- ground swimming pool are being setback further than the existing structures. The front yard of the property is landscaped and due to the proposed location of the septic system and drywell, the proposed location is more feasible for the applicant to pursue. 3. Town Law §267-b(3)(b)(3). The variances granted herein for the proposed dwelling and proposed in-ground swimming pool are mathematically substantial requiring an 18% and 35% relaxation from the code, respectively. However the proposed setbacks are greater than what presently exists and would bring the proposed structures into more conformity with the code. 4. 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 proposed structures will result in a net decrease in lot coverage of approximately 3% and the required storm-water management will be followed. 5. Town Law §267-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 pumhase. 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 new dwelling and in-ground swimming pool 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 Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the survey dated last revised March 29, 2011 prepared by Lisa McQuilkin, LS. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 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 of 3 - September 15,2011 ZBA File#6500 - Phillips CTM: 1000-33-4-3 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 lhe Board: Ayes: Members Weisman (Chairperson), Homing, Schneider, Goehringer. (Absent was: Member Dinizio) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing /~)~ /2011