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Home My WebLink About6594 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 ZBA FILE: 6594 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 18, 2012 RECEIVED NAME OF APPLICANT: John Pitman SCTM#1000-52-2-34 and 1000-52-3-11 PROPERTY LOCATION: 1100 Ruch Lane (adj. to Arshamomaqe Pond) Greenport, 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 11 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated September 24, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION.' Subject property is improved with a single family dwelling and a framed garage situation on the pamel noted as tax lot number 1000-52-3-11. The property has a private road (Ruch Lane) running through the middle of the parcel. The dwelling lot has 50.00 feet along Ruch Lane, 177.33 feet along the eastern property line, 50.71 on Arshamomaqe Pond, 185.80 feet on the western property line and the garage parcel has 50.00 feet on Ruch Lane, 150.00 feet along the eastern property line, 50.00 feet on the northern property line and 150.00 along the western property line as shown on the survey dated August 18, 2010, last revised May 15, 2012 prepared by John T. Metzger, LLS. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 7, 2012 Notice of Disapproval based on an application for building permit for demolition and construction of a new single family dwelling at: 1) less than the code required combined side yard setbacks of 25 feet, located at: 1 I00 Ruch Lane (adj. to Arshamomaqe Pond) Greenport, NY. SCTM#1000-52-2-34 & 1000-52-3- 11 (both parcels are considered one lot). RELIEF REQUESTED: The applicant proposes to demolish the existing dwelling and construct a new two story dwelling with total side yards of 22 feet where the code requires 25 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: Page 2 of 3 October 18, 2012 ZBA File#6595 - Pitman CTM: 1000-52-2-34 &52-3-11 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: 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. The applicant is proposing to use approximately the same footprint and maintain the same square footage as the existing dwelling. The entire neighborhood consists of non- conforming quarter acre lots with non-conforming setbacks. The majority of the homes/cottages on Ruch Lane were built prior to zoning. 2. Town Law §267-b(3}(b)(2). The benefit sought by the applicant could be achieved by some method, feasible for the applicant to pursue, other than an area variance, if the applicant used traditional stick-built construction where the width of the proposed new dwelling could be reduced. However, the applicant has chosen to construct a pre-fabricated modular home that cannot be varied in width to create conforming side yards on his non-conforming 50 foot wide lot. 3. Town Law ~267-b(3}(b)(3). The variance granted herein is not mathematically substantial, representing 12% relief from the code, and the existing non-conforming combined side yard will be maintained. 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. The applicant proposes a new updated septic system in the front yard which will be an environmental upgrade. 5. Town Law ~267-b{3}(b}(5}. The difficulty has been self-created. 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 pumhase. 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 new dwelling 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 Weisman (Chairperson), seconded by Member Dinizio, and duly carried, to GRANT, the variance as applied for, and shown on the survey dated August 18, 2010, last revised May 15, 2012 prepared by John T. Metzger, LLS and the architectural drawings by Personal Building Systems, Inc. dated 8/15/11 and labeled 2840-Prestige 2 story front elevation, rear elevation left elevation, right elevation, 1st story floor plan and story floor plan. 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 ora budding 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, setbacl~ and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is cie mintmis in nature for an alteration that does not increase the degree of nonconformity. Page 3 of 3 October 18, 2012 ZBA File#6595 - Pitman k'ote of the Board: Ayes: Members Weisman (Chairperson), Dinizio, Schneider, Horning. Absent was: Member Goehringer. This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing /t~./ ,22/2012