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Home My WebLink About6518 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. 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://sout holdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 2 2 FINDINGS, DELIBERATIONS AND DETERMINATIO~~w~/ MEETING OF DECEMBER 15, 2011 . ~ .r l-, ~ ~t,~ .... 2 ' -t --~ Clerk ZBA FILE: //6518 NAME OF APPLICANT: Matthew J. Burger PROPERTY LOCATION: 1600 Pine Tree Rd. (corner Pine Tree Rd.), Cutchogue, NY SCTM//1000-98-1-19 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 25, 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: 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 story single family dwelling and accessory shed. It contains 20,777 sq. fi. with 227.10 feet of frontage on Pine Tree Road, 95.59 feet of frontage on Pine Tree Road, 200.21 feet along the southern property line and 90.00 along the western property line as shown on the survey dated October 3,2011 prepared by Nathan Taft Corwin II1, LS. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's August 19, 2011 Notice of Disapproval based on an application for a building permit to a garage addition to existing single family dwelling at; 1) front yard setback of less than the code required 40 feet. RELIEF REQUESTED: Applicant is requesting a variance to construct a garage addition 24 feet by 30 feet to the single family dwelling with an eleven foot setback from the front property line where the code requires 40 feet. ADDITIONAL INFORMATION: During the Public Hearing the applicant was asked to bring the addition into more conformity with the code. The applicant agreed to reduce the size of the garage addition to 20 feet by 30 feet, thereby increasing the proposed front yard setback from 11 feet to 15 feet. Additionally there were two letters received from neighbors in support of the application. At the Public Hearing a neighbor spoke in objection to the proximity of the proposed garage to the road. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 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: Page 2 of 3 - December 15, 2011 ZBA File#6518 - Burger CTM: 1000-98-1-19 1. Town Law §267-b(3)(b)(1). Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing dwelling is in a state of disrepair, the applicant is proposing to update the dwelling and add an attached garage, which is a common addition in this neighborhood. The proposed garage addition is sited at the existing driveway. 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. The property is located on a corner which creates two front yards. The existing dwelling is located 34.6 feet and 52.8 feet from both front property lines. Any location of the garage addition would require a variance. Construction of an accessory garage in a more conforming location would require cutting numerous large trees and placing the garage in the only functional rear yard on the subject property The layout of the interior of the existing dwelling dictates the logical location of the proposed attached garage. 3. Town Law §267-b(3)(b)O). The alternative relief granted herein of a 14.9 ft. front yard setback is mathematically substantial, representing a 62.5% variance request. However, there is 19 foot shoulder from the property line to the existing street so that the proposed front yard setback for the attached garage appears to be approximately 34 feet to the edge of the road pavement. 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. To reduce potential storm hazards to the existing dwelling and to improve visibility for oncoming cars driving around the bend on Pine Tree Road, the applicant has cut down many diseased trees on the subject property that caused blind spots. 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 alternative relief, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a garage addition to this existing 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 Dinizio, and duly carried, to DEN~(, the variance as applied for, and shown on the survey dated October 3, 2011 prepared by Nathan Taft Corwin II1, LS., and GRANT~ Alternative Relief, for a 14.9 foot front yard setback and a 20 ft. x 30 ft. attached garage as shown on the amended survey prepared by Nathan Taft Corwin, III, LS dated revised December 5, 2011 and architectural drawings; page I titled site plan and page 2 titled garage/porch addition prepared by Frederick Weber, RA, dated Rev. December 5,2011. 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 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. Page 3 of 3 - December 15, 2011 ZBA File#6518 - Burger CTM: 1000-98-1-19 Vote of the Board: Ayes: Members l'geisman (Chairperson), Goehringer, Dinizio, Horning. Nay: Member Schneider. This Resolution was duly adopted (4-0. Leslie Kanes Weisman, Chairperson Approved for filing/,2,/,/? /2011 $outholcl Town Clerk