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Home My WebLink About6520 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://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 2 3 2012 FINDINGS, DELIBERATIONS AND DETERMINATION O ]~OW~~ MEETING OF JANUARY 19, 2012 ~outh ZBA FILE: 6520 NAME OF APPLICANT: Eve Winston SCTM# 1000-105-01-04 PROPERTY LOCATION: 3450 Private Road #13 (Adj. to Long Island Sound), Mattituck, 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 November 16, 2011 stating that this application is considered a matter for local determination as them appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: 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. Based upon the information provided on the LWRP Consistency Assessment Form and the records available, the LWRP Coordinator issued a recommendation dated November 29, 2011 indicating that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is approximately 243,043 square feet (5.58 acres). The parcel runs 227+/- feet along the Long Island Sound, 1085.11 feet along the eastern property line, 228.40 feet along the southern property line and approximately 1093 feet along the western property line. The pamel is improved with a one story frame dwelling, a pool, a tennis court and a frame barn, as shown on the Survey/Site Plan entitled "Eve Winston Property - Standard Subdivision Sketch Plan", dated October 28, 2011, last revision dated 1/09/2012 "Prop. Tennis Ct. & Relocate Barn", prepared by LKM Associates and Raymond G. DiBiase, P.E. BASIS OF APPLICATION: Request for Variance from Art. Ill Code Section 280-14 and the Building Inspector's October 19, 2011 Notice of Disapproval based on an application for building permit for a minor subdivision at; 1) lot size less than the code required 80,000 sq. ft. per Bulk schedule in AC District. RELIEF REQUESTED: The applicant proposes to subdivide a 243,043 square foot (5.58 acre) parcel, of which 163,138 square feet are deemed buildable, into two lots, one of which (Lot #1) is proposed with insufficient area at 73,404 square feet and will require a 8.25% (6596 square feet) variance from the Code required 80,000 square feet. ADDITIONAL INFORMATION: Applicant was asked to provide an updated site plan showing the actual proposed lot sizes minus the flagpole access strip of the lots. According to Town Code the flagpole access strip is not part of the buildable area. The Town Code, under section 240-45(d)-1, requires the exclusion of the buildable areas contained in flagpole access strips in the calculation of the minimum lot size required. On January 9, 2012, the Board received an updated site plan dated 1/9/12, showing Parcel I having 73,404 sq. fi and Parcel II having 80,742 Sq. ft. Page 2 of 3 -January 19, 2012 ZBA File#6520 - Winston CTM: 1000-105-1-4 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: 1. Town Law §267-b(3){b)(1). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. At the request of the Board the applicant provided documentation of the lot sizes in the adjoining subdivision that shows that the proposed Lot # 1 (73,404 square feet) is larger than most of those lots. Proposed Lot 1 is also similar in size to other lots in the surrounding neighborhood. 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 subject parcel has sufficient buildable area of 163,138 square feet, however the Code, under section 240-45(d)-1, requires the exclusion of the buildable areas contained in the proposed flagpole access strips for both proposed lots along with any lands seaward of the Coastal Erosion Hazard Area Line. This exclusion of areas, 8375 square feet from proposed Lot #2 and 617 square feet from proposed Lot #1, reduces the applicable areas for creating proposed Lot #2 to 80,742 square feet (89,117 s.f. minus 8375 s.f.) and proposed Lot#1 to 73,404 square feet (74,021 s.f. minus 617 s.f.), subsequently requiring the applicant no alternative but to pursue an area variance for creating proposed Lot # 1 due to insufficient area. 3. Town Law §267-b(3)(b)(3). The variance requested herein is not mathematically substantial. The requested variance for an insufficient 6,596 square feet (80,000 minus 73,404) area requires only an 8.25% variance to the Code required 80,000 square feet. The substantiality is further mitigated by the existence of other parcels in this neighborhood having similar areas to what the applicant proposes. 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 proposes a paved drive from Stanley Road to the subject parcel that will serve the proposed subdivision and an adjoining property owner and possibly others. This proposed paved drive will also better serve this neighborhood with respect to emergency access and drainage. 5. Town Law §267-b(3}(b)(5}. The difficulty has been self-created. It is the applicants desire to create a subdivision consisting of a lot having less than the Code required minimum lot area that has caused the difficulty. 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 creating a two lot subdivision with one lot having an area of 73,404 square feet, 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 Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the Survey/Site Plan entitled Eve Winston Property - Standard Subdivision Sketch Plan", dated October 28, 2011, last revision dated 1/09/2012 "Prop. Tennis Ct. & Relocate Barn", prepared by LKM Associates and Raymond G. DiBiase, P.E. 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 Page 3 of 3 - January 19, 2012 ZBA Filc#6520 - Winston 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. Vote of the Board: Ayes: Members }Veisman (Chairperson), Goehringer, Schneider, Dinizio, Horning. This Resolution was duly adopted (5-Oj, Leslie Kanes Weisman, Chairperson Approved for filing'L /~O /2012