HomeMy WebLinkAbout6579 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 RECEIVED
FINDINGS, DELIBERATIONS AND DETERMINATION ~~'~
MEETING OF OCTOBER 4, 2012 $outhold Town (lerk
ZBA FILE: 6579
NAME OF APPLICANT: Denise Gels
PROPERTY LOCATION: 2250 Sigsbee Road, Mattituck, NY
CTM: 1000-144-1-20.2
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 June 19, 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: The Applicant's property is a 7,293 sq. ft. lot located in the R-40 Zone.
The northerly lot line measures 145.79 ft. along an adjacent parcel. The easterly lot line measures 50 ft. along
Sigsbee Road. The southerly lot line measures 145.93 ft along an, adjacent parcel, and the westerly lot line
measures 50 ft. along an adjacent parcel located in an AC Zone. The property is improved with a single family
dwelling and two accessory sheds, as shown on the survey drawn by John C. Ehlers, Land Surveyor, and dated
Aug. 22, 2012.
BASIS OF APPLICATION: Request for Variance from Article 111 Code Section 280-15, based on an application
for building permit and the Building Inspector's May 1,2012 Notice of Disapproval concerning "as built"
reconstruction of an accessory shed at; less than the minimum code required rear yard setback of 3 feet.
RELIEF REQUESTED: The applicant requests a variance to maintain a 1.6 feet nonconforming rear yard setback
for an "as-built" reconstructed accessory shed where a 3 feet setback is required by Code.
ADDITIONAL INFORMATION: The Applicant has stated that the accessory shed was built in the original and
same current footprint in 1956, prior to enactment of Town Zoning Code. This property was the subject of prior
Zoning Appeals decision 1864 dated Jan. 10, 1974 whereby this parcel, also known as lot 46 was divided from the
adjacent parcel known as lot 47. The Applicant obtained a new property survey to clarify the exact location of the
accessory shed and to resolve a disagreement with a neighbor regarding one common lot line.
Page 2 of 3 - October 4, 2012
ZBA File#6579 - Gels
CTM: 1000-144-1-20.2
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on August 2, 2012, and on September 6,
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 variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. A shed has existed at this location since 1956. The use of the
structure as an accessory shed will not change. The applicant presented several properties within this
neighborhood with accessory structures with non-conforming setbacks.
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 stated that due to the close proximity of the
on site septic system and the nearby location of a large tree it is not feasible to relocate the shed to a conforming
rear yard setback without significant hardship and expense for the Applicant.
3. Town Law §267-b{3){b'~{3}. The variance granted herein is mathematically substantial, representing +/-46 %
relief from the code. However, the accessory shed has existed at this exact location with the same original footprint
since prior to Town Zoning Code. The footprint of the shed has not been increased.
4. Town Law §267-bi3}¢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
existing footprint will not be increased.
5. Town Law §267-b{3}(b}{5}. The difficulty has not been self-created. The shed has existed at this location with
the nonconforming rear yard setback since before the implementation of Town Zoning Code in 1957.
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a "as built" re-constructed accessory shed, 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 Weisman
(Chairperson), and duly carried, to
GRANT, the variance as applied for, and shown on the as shown on the survey drawn by John C. Ehlers, Land
Surveyor, and dated Aug. 22, 2012.
Any deviation from the survey, site plan and/or architeclural 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.
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.
Page 3 of 3 - October 4,2012
ZBA File#6579 - Gels
CTM: 1000-144-1-20.2
b'ote of the Board: Ayes: Members Weisman (Chairperson), Dinizio, Schneider, Horning. Member Goehringer recused himself.
This Resolution was duly adopted (4-0).
Leslie Kanes Weisman, Chairperson
Approved for filing /(.9/ $ /2012