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Home My WebLink About6590 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 REI2~VE, O , _ OCT 9 201 MEETING OF OCTOBER 4, 2012 ZBA Application No.: SE 6590 Applicants/Owners: Mary Frausto SCTM# 1000-31-9-7.3 Property Location: 1425 Bay Avenue (adj. to Marion Lake) East Marion, 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 I1 category of the State's List of Actions, without further requirements 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 August 14, 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. REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13) to establish an Accessory Apartment in an existing accessory structure. PROPERTY FACTS/DESCRIPTION: The subject property contains 712 square feet with 50 feet of frontage on Bay Avenue, 259.65 feet along the northern property line, 75.29 feet on Arm of Marion Lake and 315.95 feet along the eastern property line. The property is improved with a single-family residence and an accessory seasonal cottage as shown on the survey prepared by John T. Metzger, LLS dated March 9, 2009, last revised September 17, 2012. The accessory structure has a (Pre-CO) of record dated February 20, 1981 under Certificate of Occupancy #ZI0393 confirming that non-conforming seasonal cottage was built prior to January 1, 2008 or the applicant has proved that the accessory structure was eligible for a CO prior to January 1,2008. ADDITIONAL INFORMATION.' Two letters were received, one in support and one requesting conditions be placed on the rental if granted. The agent acknowledged that the property is being renovated and that the principal dwelling will be demolished and rebuilt in a conforming location, not requiring any variances. FINDINGS OF FACT: The Zoning Board of Appeals held a public hearing on this application on September 6, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of Page 2 of 3 October 4,2012 ZBA File#6590 - Frausto CTM 1000-31-9-7.3 the property and the surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant. In considering this application, the Board has reviewed the code requirements set forth pursuant to Article Ill, Section 280-13(B)(13) to establish an Accessory Apartment in an Accessory Structure and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment unit will be located in the seasonal cottage, which will be converted to an accessory affordable housing dwelling with an area of 712 square feet of livable floor area in conformity as proposed, as described and shown on the floor plan by Jesse Heard dated 7-31-2012, and as confirmed by the Building Inspector in a memorandum titled "Verification of Livable Floor Area" dated July 8, 2012 and received by the Board of Appeals on August 8, 2012. The applicant has acknowledged the conversion of the seasonal cottage to an accessory apartment will extinguish any future right to a season cottage under the Pre- CO and will terminate that pre-existing non-conformity. 2. The dwelling unit complies with the definition of same in §280-4 of the code and complies with the code requirements as defined in Section 280-13(B)(13) of the Zoning Code. The owner confirms that the accessory apartment shall not contain less than 450 sq. feet nor will the accessory apartment exceed 750 square feet of livable floor area, all on one floor with only one full bathroom. 3. The applicant herein, owns and will reside at the property as the applicant's primary residence in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)(j, 1-4), and as documented by Long Island Power Authority utility bills for both structures and Suffolk County Water Authority Service application and agreement. 4. The occupant of the accessory Structure will be a resident who is currently on the Southold Town Affordable Housing Registry or a family member as per code, and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article III, Section 280-(B)(14)13. 5. The owners' plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, two for the principal use and one for the Accessory Apartment, utilizing the existing driveway areas, as shown on the survey by John Metzger dated March 9, 2009, last revised April 21, 2010. 6. Only one accessory apartment will be on the subject property as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 7. This conversion shall be subject to a building permit, inspection by the Building Inspector, and annual renewal of the Certificate of Occupancy. REASONS FOR BOARD ACTION DESCRIBED BELOW: 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: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the principal structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. Page 3 of 3 October 4, 2012 ZBA Fileg6590 - Frausto CTM: 1000-31-9-7.3 4) The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5) No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. BOARD RESOLUTION: On motion by Member Goehringer, seconded by Member Homing, it was RESOLVED, to GRANT, a Special Exception for an Accessory Apartment, in the existing Accessory Structure, as applied for. Subject to the following Condition: 1. The principal dwelling must be issued a legal CO, prior to the issuance of a CO for the accessory apartment in the accessory building. 2. The property owner shall supply the Zoning Board with acceptable proof, ie; driver's license, voter registration, etc., of this property being their primary residence along with a copy of the CO's for both structures. 3. As represented by the applicant the existing framed garage shall be demolished and removed from subject property. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision, may 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 violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. ['ote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider, Horning This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing /~/_~- /2012