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Home My WebLink About6540 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 FINDINGS, DELIBERATIONS AND DETERMmATI~I~uthold Town Clerk MEETING OF MARCH 15, 2012 ZBA FILE: 6540 NAME OF APPLICANT: William C. Goggins, Contract Vendee PROPERTY LOCATION: 13200 Main Road, Mattituck, NY SCTM# 1000-114-11-9.1 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 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 January 24, 2012 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: 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: The parcel is 13,568 square feet and is in a Hamlet Business Zone. The parcel is L-shaped with 72.5 feet of road frontage along the Main Road (S.R. 25), is improved with a 2 story frame house, a frame garage and frame shed (in disrepair), as shown on the "Survey of Property", dated January 11, 2012, prepared by Nathan Taft Corwin Ill, L.S. BASIS OF APPLICATION: Request for Variance from Article I Section 280-45 and the Building Inspector's December 22, 2011, amended January 9, 2012 Notice of Disapproval based on an application for building permit to convert a dwelling to multiple dwelling units (3) at: 1) one unit at less than the code required minimum of 850 square feet. RELIEF REQUESTED: The applicant proposes to convert an existing dwelling into three dwelling units. Two of the proposed dwelling units having the Code conforming 850 sq. ft., the third dwelling unit is proposed at a nonconforming 486 sq. ft. The applicant requests an area variance to create the third dwelling unit having 486 sq. ft., requiring a 43% or 364 sq. f~. relief from the Code required 850 sq. ft. ADDITIONAL INFORMATION: The Southold Town Planning Board, in a memorandum to the Zoning Board of Appeals, dated February 7, 2012, stated its support for the requested variance. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 1,2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property Page 2 of 3- March 15, 2012 ZBA File#6540 - Goggins CTM: 1000-114-11-9.1 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 requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are no proposed exterior changes that would create an undesirable change in the character of the neighborhood. The proposed multiple dwelling use within the subject existing dwelling is a permitted use in this Hamlet Business Zone. The property has ample room to allow for all tenants to park on the subject parcel. 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 existing dwelling's total habitable floor area is insufficient to create throe dwelling units that comply with the Code requirement of 850 sq. ft. per dwelling unit. To add the deficient 364 square footage, to create three Code conforming size dwelling units, by means of new construction of an addition, would not be economically feasible in this Hamlet Business zone. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 43% relief from the code. However, the proposed subject dwelling unit at 486 square feet is 36 square feet or 8% larger than what the Code permits as an accessory apartment in a one family dwelling in the A-C, R-40, R-80, R-120, R-200 and R-400 Zones. Furthermore the conversion of an existing dwelling, in a Hamlet Business Zone, into multiple dwellings (apartments) furthers the goal of the Town's Comprehensive Plan by improving the availability of affordable rental housing. 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 proposed conversion of the existing dwelling to multiple dwellings is subject to site plan approval by the Planning Board, whose function, among others, is to mitigate any adverse impact the proposed action(s) may pose to the physical or environmental conditions in the neighborhood. 5. Town Law §267-b(3}(b)(5). The difficulty has been self-created. The applicant could create only two (larger) dwelling units and therefore not require a variance for a third having insufficient area, however the applicant testified that alternative would not be economically feasible as it may not promote an adequate return on investment. 6. Town Law §267-b, Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy, in a Hamlet Business Zone, the benefit of one of three dwelling units within an existing dwelling to consist of 486 sq. ft., 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 Dinizio, and duly carried, to GRANT~ the variance as applied for, and shown on the plan of the 1 st and 2nd floor of the subject existing dwelling called "Alterations, Main Rd, Mattituck, NY", Sheet No. A-l, Drawn By: MH, dated January 3, 2012 CONDITIONS: 1. Only one dwelling unit consisting of less than the Code required 850 sq. ft. shall be permitted. 2. This variance is granted subject to obtaining sanitary flow credits. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 3 of 3 - March 15,2012 ZBA File#6540 - Goggins CTM: 1000-114- I 1-9.1 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(s) 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, setback~ 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). Approved for filing 3 /~v /2012