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Home My WebLink About6535 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/Fa'st 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 ~~O~ DETERMINATI~, , MEETING OF MARCH15,2012 Clerk ZBA FILE: 6535 NAME OF APPLICANT: David M. Hall PROPERTY LOCATION: 1800 Westphalia Rd., Mattituck, NY SCTM: 1000-114-7-12.3 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. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 30,715 parcel in the R-40 Zone. The northerly lot line measures 100ft., the easterly lot line measures 260ft. The southerly lot line measures 128.12ft along Westphalia Rd., and the westerly lot line measures 258.58 along a private ROW. The property is improved with a single family dwelling with a deck, and an accessory shed, as shown, with proposed new garage and pool, on the site survey drawn by John T. Metzger, Licensed Surveyor, dated Nov. 7, 2011, last revised Feb 3, 2012. BASIS OF APPLICATION: Request for Variance from Article III Code Section 280-15 and 15(C) and the Building Inspector's November 29, 2011 Notice of Disapproval based on an application for building permit for an accessory in-ground swimming pool and accessory garage; 1) accessories are proposed in other than the code required rear yard, 2) proposed accessory garage at more than the code required maximum square footage of 750 sq. ft. on lots 20,000-60,000 sq. ft. RELIEF REQUESTED: The applicant requests two variances to construct a 819 sq. ft. accessory garage in a front yard area, when Town Code allows a maximum 750 sq. ft. size and to be located in a rear yard area; and another variance to construct an in ground pool in a front yard area, when Code requires accessory structures to be located in a rear yard. ADDITIONAL INFORMATION: An adjacent neighbor, on a downhill grade from the applicant's property, was present at each public hearing to express concerns about runoff, and asking for on site containment of storm water. AMENDED APPLICATION: During the hearing, the applicant was asked to address the concerns of the adjoining neighbor regarding the drainage from his property onto hers. The applicant on February 14, 2012 submitted a site plan showing two dry wells added to contain storm water runoff on site, and the removal of an impervious problematic sidewalk, bringing the plan into more conformity with the codes. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 2, 2012, and March 1, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal Page 2 of 3 - March 15, 2012 ZBA File#6535 - Hall CTM: 1000-114-7-12,3 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 variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant has a very small rear yard, and two comparatively large front yards due to the original placement of the existing single-family dwelling on the subject property. This excludes any rear yard location for the proposed garage and pool. Because a garage and a pool are customary and incidental accessory structures to single family dwellings, and because these proposed structures will have large setbacks, the placement in the front yard area is in accord with the existing residential character of the neighborhood. 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 has insufficient rear yard for a garage or pool. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 100% relief from the code required rear yard placement of accessory structures. The increased size of the proposed garage is 69 sq. ft. or 9.2% more than allowed by code, and is substantial in the context of a proposed nonconforming front yard location. However, the large front yard setbacks for the garage and pool mitigate the fact that these accessory structures should, according to Code, be located with a rear yard area. 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 applicant took care to address actual and potential downhill storm water runoff onto adjacent property, and proposes appropriate on site containment of storm water with the installation of drywells and downspouts. 5. Town Law §267-b{3)(b){5}. The difficulty has been self-created because 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 the requested relief, with the mitigating drainage proposal, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage and in-ground swimming pool 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 Horuing, seconded by Member Goehringer, and duly carried, to GRANT, the variance/variances as applied for, and shown on the survey prepared by John T. Metzger, L.S. Peconic Surveyors dated November 7, 2011 last revised February 3, 2012 and the drawings prepared by Architechnologies, Frank Notaro, Architect, labeled pages A-I through A-3 last revised 1-26-12. 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, setbacks and other features as are expressly addressed in this action. Page 3 of 3 - March 15,2012 ZBA File#6535 - Hall CTM: 1000-114-7-12.3 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. Fote of the Board: ~lyes.- Members Weisman (Chairperson), Goehringer, Schneider, Dinizio, Homing. This Resolution was duly adopted (5-0). Leslie Kanes ~~ai~ferson Approved forfiling ~ /4 0 /2012