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Home My WebLink About6593 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 OCT 3 FINDINGS, I}ELIBERATIONS AND DETERMINATION ~l~W~ MEETING OF OCTOBER 18, 2012 ZBA FILE: 6593 NAME OF APPLICANT: Richard Downing PROPERTY LOCATION:1280 Bayberry Road (adj. to a lagoon) Cutchogue NY SCTM#1000-118-2-10 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 August 227, 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 26, 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 parcel is located in the R40 zone district and contains 33,394 square feet buildable area, and is improved with a two story dwelling, accessory garage and shed. It has 50.00 feet of frontage on Bayberry Road, 441.14 feet along the southern property line, 110.16 feet on a Lagoon and 418.67 feet along the northern property line as shown on the site plan prepared by Mark K. Schwartz, Architect dated June 20, 2012. BASIS OF APPLICATION: Request for Variances from Article XXllI Section 280-124 and the Building Inspector's June 26, 2012 Notice of Disapproval based on an application for building permit for demolition and re- construction of a new single family dwelling at: 1) less than the code-required minimum side yard setback of 15 feet; 2) less than the code required combined side yard setbacks of 35 feet. RELIEF REQUESTED: The applicant requests variances to demolish and reconstruct the existing dwelling with a minimum side yard setback of 9.5 feet where the code requires 15 feet and a total side yard setback of 25.3 feet where the code requires 35 feet total combined. ADDITIONAL INFORMATION: Subject parcel was before the Zoning Board with two prior decisions. The first in 1971 #1484 for location of an accessory building in the front yard and was given a conditional grant, and in 1977 #2339 for accessory in-ground swimming with insufficient side yard area which was granted. Additionally, a letter Page 2 of 3- October 18, 2012 ZBA File#6593 - Downing was received from an adjoining property owner with concerns about the applicant's survey measurements, proposed generator location and construction debris and runoff on their property. 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: 1. Town Law §267-b(3)(b){l). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the character of the house is consistent with neighboring houses and the setback will remain as they have existed for many years. The lots in this neighborhood are generally long and narrow and several homes have non-conforming side yard setbacks similar to this request. 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 existing house, with the existing setbacks, was constructed to take maximum advantage of the water view. The applicant proposes to reconstruct on approximately 2/3 of the existing foundation so that the view of the water will not be diminished. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 33% relief from the code with respect to the minimum side yard setback and 30% with respect to the total side yard setback. However, the percentages will not change with the approval of the proposed request. 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 will be required to meet on site drainage codes. 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 purchase. 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 reconstructed house 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 Dinizio, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variances as applied for, and shown on the architectural drawings labeled Site Plan S-l, Partial Site Plan S-2, dated June 20, 2012, and elevations labeled A-1 A-3, floor plans labeled A-4a-4b, 5a, 5b, all dated June 18, 2012 and prepared by Mark K. Schwartz AIA Architect ,PLLC. Any devialion fi'om 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 - October 18, 2012 ZBA File#6593 - Downing CTM: 1000-118-2-10 lhe Board reserves the rtght to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformi~. Fore of the Board, Ayes: Members Weisman (Chairperson), Dinizio, Schneider, Homing Absent was' Member Goehringer Thts Resolution was duly adopted Leslie Kanes Weisman, Chairperson Approved for filing/t~ /fit-2.../2012