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Home My WebLink About6506 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard IR Goehringer George Homing 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.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 N0~/ 9 201] FINDINGS, DELIBERATIONS AND DETERMiNATiO~~&~j, MEETING OF NOVEMBER 3, 2011 Southold Town Clerk ZBA FILE: 6506 NAME OF APPLICANT: Susan Magrino-Dunning SCTM# 1000-17-1-2.1 PROPERTY LOCATION: 925 Stephenson Road (adj. to Long Island Sound) Orient, 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 I1 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 31, 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 review 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 December 1, 2009. 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 EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION' Parcel is a non- conforming 37,405 sq. fi lot improved with two as built dwellings and a small garage. It has 93.80 feet on the L.I. Sound, 416.91 feet along the westerly properly line, 125.00 variable feet along the southern property line and 431.16 feet along the easterly property line. It is noted that this is an odd shaped lot as shown on the survey dated 11-20-2010 prepared by John C. Ehlers, LS. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's May 31, 2011, updated August 11, 20 l 1 Notice of Disapproval based on an application for building permit for "as built" addition/alterations to a single family dwelling at, I) side yard setback of less than the code required 15 feet. RELIEF REQUESTED: The applicant built an addition of approximately 61 square feet onto the front of the dwelling with 7.6 foot side yard setback where the code requires 15 feet. ADDITIONAL INFORMATION: It is noted in the LWRP memorandum that it appears that renovations and a new deck were made to the seaward side of the dwelling without a Chapter 111 Coastal Erosion management Permit or a Chapter 275 Wetlands Permit. During the hearing the applicant's agent confirmed that them are discrepancies between the plan attached to the existing CO and the survey submitted to the Board of Appeals in connection with the variance request. Moreover, he acknowledged that additions and alterations were completed on Page 2 of 3 - November 3,2011 ZBA File#6506 - Mangrino-Dunning CTM: 1000-17-1-21 the seaward side of the dwelling and that an updated CO should be obtained. He also explained that the current non-conforming side yard setback of 7.6 feet was the result of an error by the applicant's builder. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application October 6, 201 l, 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 Sec.267-b{3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The applicant is requesting a variance for a non-conforming side yard setback for "as built" alteration of 60.7 sq. ft. to this seasonal dwelling. The parcel is accessed by a private right of way and is heavily vegetated with privacy screening. The addition is adjacent to a walking footpath to the beach and is not visible from other nearby dwellings.. 2. Town Law l~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. The side yard setback prior to the addition was at 9 feet, any additions to this side of the dwelling would require a variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein is substantial. However, the additional encroachment of 1.6 feet is not substantial based on the original 9 foot non-conforming setback and the fact that there is a R.O.W. to the beach adjacent to the subject side yard rather than a dwelling. 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 dwelling is fitted with gutters and leaders to control roof runoff on site as per code. 5. Town Law ~267-bi3)(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 §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the alteration to this 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 Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for and shown on the survey prepared by John C. Ehlers, Surveyor, dated 11/20/2010. Subject to the following condition: 1. The applicant shall apply for the required Coastal Erosion Management permit, wetlands permit and building permit for the additions and alterations to the seaward side of the dwelling and obtain an updated CO for the subject dwelling. 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 heariog before the Zoning Board of Appeals. Page 3 of 3 - November 3,2011 ZBA File#6506 - Mangrino-Dunning 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 properly 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 Weisman (Chairperson), Goehringer, Dinizio, Horning. (Absent was: Member Schneider) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing t/[ /O7/2011