The URL can be used to link to this page

Home My WebLink About6537 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 R CEIYED TOWN OF SOUTHOLD 4' ~ /&' ~ 7 Tel. (631) 765-1809 · Fax (631) 765-9064 ~ _ _~ __, ' · 2.2 2O . FINDINGS, DELIBERATIONS AND DETERMINA MEETING OF MARCH 15, 2012 S u:ho d Town Clerk ZBA FILE: 6537 NAME OF APPLICANT: Paul. Nadel SCTM#1000-104-10-7 PROPERTY LOCATION: 220 Broadwaters Road (adj. to Broadwaters Cove), Cutchogue, 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 January 12, 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: Subject property is a conforming parcel in the R-40 zone. It is improved with a one and two story dwelling, decks and swimming pool. It has 120.65 feet of frontage on Broadwaters Road, 480.20 feet along the west property line, 72.04 feet on Broadwaters Cove and 521.94 feet along the east property line as shown on the survey dated November 30, 2010 last revised February 1,2011 prepared by John Metzger, Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variance from Article IV, Code Section 280-18 and the Building Inspector's December 15, 201 l, Notice of Disapproval based on a building permit application to construct a carport addition to a single family dwelling, at: 1) side yard setback less than the code required 15 feet. RELIEF REQUESTED: Based on a Notice of Disapproval dated December 15, 2011 the applicant proposes to construct of a carport attached to a principle structure with an existing non conforming setback of 4 feet from the westerly side yard as per a site plan drawn and submitted by Mark K. Schwartz AIA Architect PLLC dated December 6 2011. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant submitted a revised partial site plan indicating that the existing non conforming set back was 4 feet 7 inches and not 4 feet as stated in the original application for a building permit bringing the request into more conformity with the codes. ADDITIONAL iNFORMATION: Over the years the subject property has had a series of improvements and additions including the granting of a variance that resulted in the creation of the existing non conforming 4 feet 7 inch setback of the principal structure that is the subject of the request before the Board. It should also be noted that Page 2 of 3- March 15, 2012 ZBA File#6537 - Nad¢l the original variance (appl.#4781) was granted relying on a survey that stated that the side yard set back of the existing cottage was 5.5 feet not 4.7 feet and the combined side yard setback granted in February 2000 was 26.5 feet. FiNDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 2, 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-bO)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The current dwelling exists at 4.7 feet from the property line and the carport will be the same. The carport is proposed in an area where an existing asphalt driveway is located and where the applicant's vehicle is normally parked. It will be open on three sides. 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 applicant's stated goal of parking one car under cover and access to the dwelling directly is limited by the narrow width of the property and the original placement of the house. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 89.33 % relief from the code. However, the placement of the carport will not increase the existing setback approved by this Board previously; and the difficulty of parking one car under cover and accessing the dwelling directly can not be overcome without the construction of the carport in the proposed location. 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 carport is small 10.6 x 20.8' and will be constructed on the side of the dwelling out of view. Storm water runoff will be contained on site. 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 purchase. 6. Town Law §267-b. Grant of this variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a carport 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 Schneider, and duly carried, to GRANT~ the variance as applied for, and shown on the site plan prepared by Mark A. Schwartz, Architect PLLC and dated February 3, 2012., Subject to the following condition: 1. The carport shall remain open on three sides. That the above conditions be written into the BuiMing 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. Page 3 of 3- March 15, 2012 ZBA File#6537 - Nadel CTM: 1000-104-10-7 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, 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, Homing. Nay: Member Dinizio. This Resolution was duly adopted (4-1). Leslie Kanes Weisman, Chairperson Approved forfiling ,3 /~0 /2012