HomeMy WebLinkAbout6596 BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehfinger
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
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 18, 2012
ZBA FILE: 6596
NAME OF APPLICANT: Steve Fitzpatrick and Renee Poncet-Fitzpatrick
PROPERTY LOCATION: 415 Wiggins Lane (corner Wiggins Lane), Greenport, NY SCTM# 1000-35-05-40.1
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 Il 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 September 17, 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 subject parcel is located in the R-40 zone. It is a corner lot. The subject
parcel is 67082 square feet, with 202.23 feet along Wiggins Lane on its western boundary, 282.15 feet along
Wiggins Lane at its southern boundary, 254.37 along its eastern boundary and 284.03 feet along its northern
boundary. The subject parcel is improved with a single family residence, a shed and the subject accessory in-
ground swimming pool as shown on the survey dated March 17, 1998 last revised June 5, 2000 prepared by John T.
Metzger, LLS.
BASIS OF APPLICATION: Request for Variance from Article I11 Section 280-15 and the Building Inspector's
August 27, 2012 Notice of Disapproval based on an application for building permit for addition to a single family
dwelling at: 1) upon construction of the addition to the dwelling the legally existing in-ground swimming pool will
be located in a location other than the code required rear yard (side yard).
RELIEF REQUESTED: The applicant requests a side yard variance to maintain an accessory in-ground swimming
pool in its existing location, upon completion of a proposed addition to the existing single family dwelling.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on October 4, 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 - October 18, 2012
ZBA File#6596 - Fitzpatrick
SCTM: 1000-35-5-401
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. In-ground swimming pools are characteristic of residential
properties and the subject in-ground swimming pool has existed in its present location without any evidence that it
has caused a detriment to nearby properties. The pool is surrounded by extensive landscaping and is not visible
from street.
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 subject in-ground swimming pool exists in its present
location and moving it to a conforming location would not be feasible.
3. Town Law §267-b(3){b)(3). The variance granted herein is mathematically substantial, representing a 100%
relief from the code. However, the subject in-ground swimming pool will be almost completely hidden from view,
from the street, when the proposed addition is completed. Moreover, while the proposed addition will place the
pool in a technical side yard, the pool is actually located in the functional rear yard of the subject property.
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 must comply with Chapter 236 of the Town's Storm Water Management Code.
5. Town Law §267-b(3}(b){5). The difficulty has been self-created. It is the applicants desire to construct an
addition in a location which places the subject in-ground swimming pool in a nonconforming side yard.
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 constructing an addition to the single family dwelling in a location which places
the existing in-ground swimming pool in a nonconforming side yard location, 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 Schneider, seconded by Member Weisman
(Chairperson), and duly carried, to
GRANT, the variance as applied for, and shown on the Site Plan (Sheet 1) and floor plan (sheet 4) prepared by
Thomas C. Samuels R.A., dated 8/1/12
Any deviation from the survey, site t~lan 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(a9 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
nonconfbrmities under the zoning code. This action does not authorize or condone any current or future use, setback or other
.]'~ature 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
nonconfi>rmity.
Page 3 of 3 October 18,2012
ZBA File#6596 - Fitzpatrick
SCTM: 1000-35-540.1
l'ote of the Board: Ayes: Members Weisman (Chairpersond, Dinizio, Schneider, Homing Absent was' Member Goehringer
This Resolution was duly adopted (4-0~.
Lesl e Kanes Weis{nan, Chatrperson
Approved for filing /0/~_/2012