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Home My WebLink About6545 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horning 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://sout holdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVED 2012 MEETING OF MARCH 15, 2012 $ {Ithold To, -n' Cte ' ZBA FILE: 6545 NAME OF APPLICANT: Dougall Fraser SCTM#1000-118-4-7. PROPERTY LOCATION: 7555 Nassau Point Road (comer Tuthill Rd.) (adj. to Little Peconic Bay) 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 February 28, 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 parcel is located in the R-40 Zone District and is non-conforming containing 39,592 sq. fi. It is improved with a two story frame dwelling and has 100.03 feet of frontage on Nassau Point Road, 411.65 feet of frontage on Tuthill Road, 100.79 feet along Little Peconic Bay and 426.08 feet on the southern property line as shown on the site plan dated October 25, 2011 prepared by Robert I. Brown, Architect. BASIS OF APPLICATION: Request for Variance from Articles XXIII Code Section 280-124, based on an application for building permit and the Building Inspector's November 10, 2011, updated February 2, 2012 Notice of Disapproval concerning proposed deck addition to existing single family dwelling, at; 1) less than the code required minimum front yard setback of 40 feet. RELIEF REQUESTED: The applicant requests a variance to construct a deck addition with a front yard setback of 22 feet where the code required setback is 40 feet 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 and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: Page 2 of 3 - March 15, 2012 ZBA File#6545 - Fraser CTM: 1000-118-4-7 1. Town Law §267-b{3){b)(l). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The new deck will be constructed 2 feet inside the existing established setback that has existed since before zoning was established in the Town of Southold. The house is situated on a comer lot and Tuthill Road is a private road/driveway/R.O.W, used by two dwellings and it dead ends at Little Peconic Bay. The house is not visible from Nassau Point Road. 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 agent stated that the reason for constructing the deck is to make it easier for the owner of the house to enter and exit the home. The proposed deck will reduce the height to access the first floor of the house from approximately 15 steps to 2 steps. The Board finds that there is no other location on the property that will allow the applicant to achieve his goal of easier access to his home, without the need for more extensive setback variances. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 45% relief from the code. However, the substantiality is reduced by the fact the existing dwelling is situated at 20 feet from the private road (Tuthill) and has existed at this location since prior to zoning. 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 deck is small at 8' x 34' and will be constructed on the front of the house which has a 288' setback from Nassau Point Road. There is no foreseeable problem with storm water runoff because the ground located under the proposed deck will remain pervious. 5. Town Law §267-b(3)(b)(5). The difficulty ha s not been self-created. The difficulty is a result of an interpretation by the building inspector that the right of way represents a front yard which is contrary to the interpretation in effect at the time of construction of the house which was constructed well before the implementation of zoning and has been owned by the same family continuously. 6. Town Law §267-b. Grant of is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck 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 Weisman (Chairperson), and duly carried, to GRANT., the variance as applied for, and shown on the site plan prepared by Robert I. Brown Architect PC dated October 25,2011, and construction plans dated 10/7/2011 labeled 1, 2, 3 of 3. 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. A ny deviation from the variance 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 ~rpressly addressed in this action. Page 3 of 3- March 15, 2012 ZBA File#6545 - Fraser CTM: 1000-1184-7 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, Dinizio, Homing. Member Schneider abstained This Resolution was duly adopted (4-O. Approved for filing~ / '40 /2012