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HomeMy WebLinkAbout6530 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 RI CEI¥1 D Tel. (631) 765-1809 · Fax (631) 765-9064 I ~-/ FINDINGS, DELIBERATIONS AND DETERMINATION MAIl 2 2 2012 MEETING OF MARCH 15, 2012 ZBA FILE: 6530 $otithold Town Clerk NAME OF APPLICANT: Louis and Elizabeth Mastro SCTM# 1000-52-5-9. PROPERTY LOCATION: 1595 Bayview Avenue, (adj. to Arshamomque Harbor) Southold, 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 December 9, 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: This application was referred for reviewed 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 reply dated _January 3, 3012, 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming 9,148 sq. fi. lot in a R-40 zone, it is improved with a one story dwelling with attached room and an accessory detached garage. The property has 50.00 feet of frontage on Bayview Ave., 188.00 feet along the southeast property line, approximately 50.00 feet along Arshamomque Harbor and 184.00 feet along the northwest property line as shown on the survey prepared by Island Wide Land Surveyors, dated last update Feb. 17, 2010. BASIS OF APPLICATION: Request for Variances from Articles XXII and XXIII Code Sections 280-116(B) and 280-124, based on an application for building permit and the Building Inspector's November 23, 2011 Notice of Disapproval concerning proposed demolition and construction of a new single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the code required total combined side yards of 25 feet, 4) less than the code required rear yard setback of 35 feet. RELIEF REQUESTED: The applicant is proposing to partially demolish and reconstruct the existing single family one and a half story dwelling and is requesting relief of 32 feet from a bulkhead where 75 feet is required by code, a minimum side yard setback of 7.9 feet where the code requires I0 feet, combined side yard setback of 18.5 feet where the code requires 25 feet and a rear yard setback of 34 feet where the code requires 35 feet. Page 2 of 3- March 15, 2012 ZBA Fi1¢#6530 - Mastro CTM: 1000-52-5-9 ADDITIONAL INFORMATION: At the January 5, 2012 hearing the applicants were asked to provide the Board with certification that the existing foundation would support the proposed reconstruction. During the March I, 2012 hearing the applicant's Architect testified that the existing foundation was suitable to support a proposed one and one half story alteration/renovation of the existing dwelling. On March 8, 2012 the Board received a letter dated March 2, 2012 along with an updated site plan from Richard D. Boyd, Architect, describing details of the proposed demolition and reconstruction including which pans of the existing structural elements and foundation will remain and how the foundation will be reinforced to accommodate any additional loads. The applicant's were granted a prior variance #6417 on 1/19/11 to totally demolish the existing dwelling and construct a new two story dwelling. However due to financial difficulties, the applicants stated that they are unable to proceed on the basis of the relief previously granted by the Board. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. On a site plan dated received by the Board March 8, 2012 and stamped by Richard D. Boyd, Architect, the applicant removed the proposed exterior basement steps in the westerly side yard while retaining the existing non-conforming side yard setback of 7.11 feet, retained the existing non-conforming combined total side yard setback of 18.5 ft., and reduced the depth of the proposed seaward sunroom to create a conforming rear yard setback and to create an increase in the proposed bulkhead setback from 32 feet to 32.11 ~A feet , thereby eliminating one variance and bringing the plan into greater conformity with the codes. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5, 2012 and March 1, 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)(1). Grant of the amended requested relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing dwelling has been in existence for more than 40 years in its present location. The proposed new/renovated/reconstructed dwelling is modest in size; no new non-conformities are being proposed; and it will replace an uninhabitable and neglected house with an attractive and safe home that will enhance the neighborhood A few of the present existing homes in this neighborhood have been reconstructed requiring relief from the present zoning code. 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 area variances. Due to the narrow (50 feet) width of the subject property, the existing non-conforming combined side yards of 18.5 feet is typical in the immediate area which consists of approximately eleven other fifty foot wide non-conforming lots that were subdivided prior to Zoning of the Town. A conforming bulkhead setback cannot be achieved because of the current location of the existing non-conforming dwelling which the applicant proposes to partially retain and reconstruct in place. A conforming rear yard setback can be achieved and is being proposed in the amended site plan. 3. Town Law §267-b(3)(b)(3). The variances granted herein are substantial, based upon present code requirements. The combined non-conforming side yards represent a 32% reduction in code requirements, the bulkhead setback represents a 44% reduction of present code requirements. However, the existing dwelling is in place and because the applicant proposes to retain the crawl space foundation and most of the exterior walls of the existing dwelling, they cannot create a conforming total side yard and bulkhead setback. No increase in non- conformity is being proposed since the applicant will reconstruct within the existing footprint. 4. Town Law §267-bO)(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. All storm water runoff will be contained on site. 5. Town Law §267-b(3)(b)(5). The difficulty is self-created. The applicant pumhased 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 pumhase. Page 3 of 3 - March 15, 2012 ZBA Filc#6530 - M~stro CTM: 1000-52-5-9 6. Town Law §267-b. Grant of amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the reconstruction of the existing home 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 Goehringer, seconded by Member Schneider, and duly carried, to GRANT, the variances as amended, and shown on the site plan dated received by the Board of Appeals on March 8, 2012 and the letter dated March 2, 2012 also dated received by the Board of Appeals on March 8, 2012, both signed and sealed by Richard D. Boyd Architect. dny 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, Horning. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing .~ /dO /2012