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Home My WebLink About6517 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard P. 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 1197I http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATIONt(?~.~f.~/~y')_ MEETING OF NOVEMBER 17, 2011 ZBA FILENo.: 6517 NAME OF APPLICANT: Cathrin Stickney PROPERTY LOCATION: 1050 North Hyatt Road, Southold NY SCTM# 1000-50-1-13.1 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 11 category of the State's List of Actions, without further steps under SEQRA. LWRP: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject parcel is improved with a one and two story dwelling with garage under and an accessory garage under construction. It contains 53,323 sq. fl., with a 30 foot right of way on Sound View Avenue, 203.66 feet along the southern property line, 197.68 feet along the western property line, 231.72 feet along the northern property line and 247.46 feet along the eastern property line as shown on the survey dated July 13,2011 prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variance from Article III, Code Section 280-15, and the Building Inspector's August 2, 2011, revised October 3,2011 Notice of Disapproval, based on a building permit application to construct a second story deck addition to an accessory garage, at: 1) more than the code required maximum square footage of 750 sq. ft. on lots 20,000-60,000 sq. ft. RELIEF REQUESTED: The applicant proposes to construct a second story deck addition to the accessory garage increasing the square footage to 1080 sq. ft. where 750 sq. ft. is permitted per the code on lots measuring 20,000 - 60,000 sq. ft. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant was willing to reduce the size of the deck. FiNDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 3,2011, 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 alternate relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Accessory garages are common in this neighborhood. The alternative relief will bring the total square footage into more conformity. The garage and second floor deck are well screened from adjoining neighbors. Page 2 of 3 - November 17, 201 I ZBA File#6517 - Stickney CTM: 1000-50-1-13 I 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant could have been achieved by some method, feasible for the applicant to pursue, other than an area variance. The accessory garage was recently built to nearly the maximum square footage allowed by the code. The applicant could have incorporated the deck into the second story of the accessory garage at the time of construction without the need for a variance. 3. Town Law §267-b(3)(b)(3). The variance, if granted as applied for, would be substantial, representing a 44% relaxation from the code required 750 sq. fi. maximum. When considered in the context that the applicant had full knowledge of the need for a variance when she had the accessory garage constructed, as evidenced in testimony given at the hearing, granting a variance as applied for would be substantial. The granting of alternate relief will substantially reduce the variance, representing an 18% relaxation thus being in more conformity of the code, while allowing the applicant to enjoy the use of a second story deck in order to enjoy a view of the water. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance (alternate relief) in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The granting of a reduced variance will further mitigate any impacts that this nonconforming structure may have in the environment. All storm water runoff will be contained on site. 5. Town Law §267-b(3)(b)(5}. The difficulty has been self-created. The applicant testified that she was aware that if she built a 744 square foot accessory garage she could not add a second story deck. Further testimony indicated that the building inspector informed the applicant that the inclusion of the proposed deck would result in a disapproval of the building permit and the need for a variance. The applicant chose to build the accessory garage without the deck and apply for a variance after the fact. 6. Town Law §267-b. Grant of alternate relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second story deck 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 Dinizio, seconded by Member Weisman (Chairperson), and duly carried, to DENY, as applied for, and GRANT ALTERNATIVE RELIEF as noted below and subject to a condition: That the deck be no larger than 144 square feet. Condition: The deck shall not be covered with any permanent structure. That the above condition be written into the Building Inspector's Certificate of Occupancy, when issued Before applying for a building permiL the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final architectural drawings conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial 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. 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. Page 3 o f 3 - Novembe[ 17, 2011 ZBA File#6517 - Stickney CTM: 1000-50-1-13.1 Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Absent was: Member HorniHg) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Cha/merson Approved for filing ~ / tt~ '/2011