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Home My WebLink About6529 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19, 2012 ZBA FILE: 6529 NAME OF APPLICANT: Dorothy and Stefan Kotylak PROPERTY LOCATION: 280 Pine Wood, Cutchogue NY SCTM#1000-110-2-15 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. LWRP DETERMINATION: 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 contains 14,929.5 sq. ft. and is improved with a single family dwelling and an accessory one car garage. It has 100.00 feet of frontage on Pine Wood Road, 150.00 feet along the southern property line, 100.08 feet along the western property line and 147.23 feet along the northern property line as shown on the site plan dated November 9, 2011 prepared by MCH Design Services. BASIS OF APPLICATION: Request for Variance from Article II1, Code Section 280-15, and the Building Inspector's November 16, 2011 Notice of Disapproval, based on a building permit application to construct an addition to an accessory garage, at: 1) mom than the code required maximum square footage of 660 sq. ft. on lots up to 20,000 sq. lt. RELIEF REQUESTED: The applicant proposes to construct addition and alteration to the existing accessory garage with a total square footage of 848 sq. fi. where the code allows a maximum of 660 sq. ft. on lots up to 20,000 sq. ft. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5, 2012 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}(1L Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The new enlarged garage will match the architectural character of the existing residence and is in keeping, in both size and appearance, with other homes with detached garages in the neighborhood. Page 2 of 3 - January 19, 2012 ZBA File#6529 - Kotylak CTM: 1000-110-2-15 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. The applicant seeks to expand an existing detached garage with a modest addition in order to allow room for another bay to park a car and store some lawn equipment. If the applicant were to be made to comply with the existing code requirements he could build a completely separate building in a conforming location of his property and keep the existing garage. 3. Town Law §267-b(3){b)(3). The variance granted herein is mathematically substantial, representing 28.5% relief from the code. However, if the applicant were to construct an additional building in a conforming location of the lot the result would be that a major portion of the rear yard would be devoted to driveway space to allow for the ingress and egress of any vehicle using this new structure. The board agrees with the applicant that the current location of the garage with the proposed addition would allow for better use of the rear yard. 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 applicant will be required to maintain drainage on site as per code 5. Town Law l~267-b{3}{b){5'b The difficulty has been self-created, in so far as the applicant is requesting to increase the size of the existing accessory garage beyond the maximum permitted by code for his lot size. However, granting the variance as applied for would eliminate the need for an additional building on the property. 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 an enlarged accessory garage 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 Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the site plan dated November 9, 2011 prepared by MCH Design Services and architectural drawings labeled sheets 2-4 dated November 9, 2011 prepared by MCH Design Services. Subject to the following conditions: Conditions: 1. Garage shall remain unheated. 2. Garage shall only contain the utility of electric. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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 ora building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(sd granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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 of 3 - January 19, 2012 ZBA Filc#6529 - Kotylak CTM: 1000-110-2-15 Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dinizio, Horning. This Resolution was duly adopted (5-Oj. Leslie Kanes Weisman, Chairperson Approved for filing,~/o] d /2012