The URL can be used to link to this page

Home My WebLink About6519 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn 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 SOUTltOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEETING OF JANUARY 19, 2012 $outhol Town Clerk ZBA FILE: 6519 NAME OF APPLICANT: Patrick and Diane Kelly PROPERTY LOCATION: 215 Harbor Lights Drive (adj. to a canal), Southold, NY CTM: 1000-71-2-6 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 Nov. 3,2011, 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 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. The LWRP Coordinator issued his recommendation dated November 29, 2011, 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: The Applicant's property is a 20, 000 sq. ft. waterfront parcel in the R-40 Zone. The northerly lot line measures 100 feet along a bulk head on a saltwater canal. The easterly lot line measures 200 feet. The southerly lot line measures 100 feet along Harbor Lights Drive. The westerly lot line measures 200 feet. The property is improved with a single family dwelling, an accessory in ground pool, hot tub, and a dock on the canal, as shown on the site survey drawing A1 by Frederick R. Weber, Architect, dated Sept. 23, 2011, and last revised Nov. 1,2011. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and Article III Section 280-14 and the Building Inspector's October 17, 2011 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing dwelling at: 1) less than the code-required minimum side yard setback of 15 feet; 2) less than the code required combined side yard setbacks of 35 feet; 3) more than the code permitted number of stories of two and a haiti RELIEF REQUESTED: The Applicant proposes to construct alterations and additions to a single family dwelling with existing nonconforming side yard setbacks, by expanding upwards within the existing building foot print. The Applicant has to request variances to retain the same 13.3 ft. single setback, and 26 ft. combined side yard setback that already exist, because the proposed construction increases the degree of nonconformity from the Code required 15 ft. side yard setback, and 35ft. combined side yard setback. The Applicant also requests a variance to construct third floor livable space consisting of a 392 sq. ft master bedroom suite including a bedroom, a bathroom, and dressing, and sitting rooms, when only 2 1/2 stories are allowed by Town Code. Page 2 of 3 - January 19, 2012 ZBA File#6519 - Kelly CTM: 1000-71-2-6 AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code, particularly in reference to the design of proposed third floor living space. The applicant at the public hearing on Jan. 5, 2012 submitted a revised site plan that removes the proposed third floor master bedroom/bathroom suite, and shows a family room in the center portion of a 392 sq. ft. third floor, with storage areas on either side of this room, thereby bringing the plan into more conformity with the codes. ADDITIONAL INFORMATION: The Applicant's property was the subject to prior ZBA decision #4683, dated May 5, 1999 concerning the proposed construction of an in ground pool. The file contains a Letter of Non- Jurisdiction from the NYSDEC dated June 2, 1999, and two letters from adjacent neighbors stating support for the Applicant's proposed project. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1,2011 and January 5, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, an assessment of the character of the 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 variances for the proposed single and combined side yard setbacks will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The setbacks of the building's footprint were established when the existing single family dwelling was constructed in 1988 under a valid building permit. The footprint will not be changed by the proposed additions and alterations. Grant of alternative relief for the proposed third floor living space will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The third floor space will be created by roof alterations that will not exceed the maximum building height as permitted by Town Code. Adjacent neighbors submitted letters of support for the Applicant's proposed renovations. 2. Town Law ~267-b(3)(b)(2). The benefit sought by the applicant to retain existing non-conforming single and combined side yard setbacks cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Applicant has proposed alterations and additions within the existing non-conforming setbacks of the building footprint that will increase the degree of non-conformity, and therefore do require variance relief. The benefit sought by the Applicant to construct a third floor bedroom suite cannot be achieved by some method, feasible for the Applicant to pursue, other than an area variance because the use of any third floor area for livable space requires an additional variance from Town Code. 3. Town Law §267-b(3)(b)(3). The variance granted herein for a single side yard setback of 13.3 fi. represents a +11% reduction in the required 15 lt. setback. The variance granted for a combined side yard setback of 26 fi. represents a +25% reduction in the required 35 ft combined setback. Considering the facts that both setbacks already exist, and that the building footprint will not change, the two variances requested shall be considered as not substantial. The variance granted herein by alternative relief to construct livable space on a third floor is substantial, since third floor additions are not allowed by Town Code. The total height of the building will be below the code required maximum height of 35 feet. The variance is granted for space to be used only as a sitting room, and for access to storage areas, and to a proposed attached roof deck as shown on the revised site plan A5 drawn by Frederick Weber, dated Dec. 30, 2011. The entire building will be equipped with a fire suppression system. 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 alterations and additions will be constructed within the existing building footprint. Storm water runoff will be contained onsite as required by Code. 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 affect, and it is presumed that the Applicant had actual or constructive knowledge of the limitations on the use of the pamel under Zoning Code in effect, prior to, or at the time of purchase. Page 3 of 3 - January 19, 2012 ZBA File#6519 - Kelly CTM: 1000-71-2-6 6. Town Law §267-b. Grant of the requested relief for single and combined side yard variances is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare oft. he community. Grant of alternative relief for the construction of a third floor sitting room, with access to a roof deck and storage areas is the minimum action necessary to enable the applicant to enjoy the benefit of third floor livable space, 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 Homing, seconded by Member Scneider, and duly carried, to GRANT, the variances for single and combined side yard variances as applied for, and shown on the site survey drawing A1 by Frederick R. Weber, Architect, dated Sept. 23,201 I, and last revised Nov. 14, 2011. DENY~ the variance for the proposed third floor addition, as applied for, and; GRANT ALTERNATIVE RELIEF ,as shown on the site plan labeled Al, drawn by Frederick R Weber, dated September 23, 2011, last revised November 14, 2011 and the architectural drawings all dated September 23, 20 l 1, revisions noted for each page, labeled A2 foundation dated revised September 26, 2011, A3 lst floor dated revised January 5, 2012, A4 2na floor dated revised December 30, 2011, A5 3rd floor dated revised January 5, 2012, A6 elevations dated revised January 5, 2012, A7 elevations dated revised October 12, 2011 and A8 sections dated September 23,2011. Conditions: 1. The third floor area will not contain any bedrooms, sleeping areas, kitchenette, or bathroom. 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 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dinizio, Homing. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing(], ._ /o?~ /2012