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Home My WebLink About6599 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 18, 2012 ZBA FILE: 6599 NAME OF APPLICANT: Daniel McGovern PROPERTY LOCATION: 830 Oak Avenue (adj. to Goose Creek), Southold, NY RECEIVED OC'l' 2 3 SCTM: 1000-77-1-4 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 Sept. 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: The Applicant's property is a 9800 sq. ft. parcel in the R-40 Zone. The northerly lot line measures 70 feet to a 4 feet wide bulkhead constructed along an unnamed, and un-improvable, ROW bordering Goose Creek. The easterly lot line measures 140 feet along an adjacent parcel. The southerly lot line measures 70 feet along Oak Ave. The westerly lot line measures 140 feet along another parcel. The property is improved with a single family dwelling, as shown, with the proposed new decking, on the survey drawn by John R. McWilliams Land Surveying, PC, dated July 10, 2012. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116(B) and Article XXIII Section 280-124 based on an application for building permit and the Building Inspector's May 9, 2012, amended September 6, 2012 Notice of Disapproval for deck addition to single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the minimum side yard setback of 10 feet. RELIEF REQUESTED: The Applicant requests a variance to construct a 12ft.x8 ft. deck with a side yard setback of 6.7 feet, where Code requires a 10 feet setback and a bulkhead setback of 61.6 feet, where Code requires a 75 feet setback. ADDITIONAL INFORMATION: The Applicant has obtained an Administrative Permit from the Southold Town Trustees dated May 16, 2012, for the deck construction. Research of some other variances within the neighborhood shows #2455 variance granted in 1978 at 440 Oak Ave. for a 2 story addition with a 7"3" side yard Page 2 of 3 - October 18, 2012 ZBA File#6599 - McGovern SCTM: 1000-77-14 setback: #3962 variance granted in 1990 at 124 Hickory Ave. for a deck with an 8 feet side yard setback;/34045 variance granted in 1991 at 650 Oak Ave. for a deck with a 60 feet bulkhead setback; and #5097 variance granted at 150 Oak Ave. for a second story addition with a 6 feet side yard setback. 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)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck will be raised about 6-8 inches above grade, will not require any top railings, and will be screened from the view of the nearest neighbor by an existing vegetative hedgerow. Decks are customary and incidental additions to residential structures. This proposed low profile deck will have no negative effect upon the any nearby property or the neighborhood. 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 benefit sought for variance relief for a deck with a 6.7 feet side yard setback cannot be achieved without a variance since to comply with the I0 feet required setback the deck would have to be reduced by 3.3 feet which would compromise the Applicant's ability to match up an existing concrete walkway with a reasonable method of a level outdoor access to the deck. The benefit sought for variance relief for a 61.6 set back from the bulkhead cannot be achieved without a variance since the Applicant's single family dwelling already exists at a +/- 73.6 feet setback, and it is not possible to build any addition to the waterside of the dwelling without a variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein for a 63.1 feet setback from the bulkhead is not mathematically substantial, representing +/-18%relief from the code required 75 feet. The variance granted herein for a 6.7 feet side yard setback is substantial, representing 33% relief from the code required I0 feet. However, the deck will have a low profile, will rise only several inches above the existing grade, will not have any railings, and will be effectively screened from the neighboring property by an established evergreen hedgerow. 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. As noted in the LWRP recommendation the applicant shall maintain his 20 foot non-turf buffer. 5. Town Law ~267-b(3)(b)(5). The difficulty has been self-created. The Applicant could conceivably construct a handicapped accessible patio at grade without the need for any variances. 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 o£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 deck addition 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 Homing, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variances as applied for, and shown on the survey drawn by John R. McWilliams Land Surveying, PC, dated July 10, 2012. Page 3 of 3 - October 18, 2012 ZBA File#6599 - McGovem SCTM: 1000-77-14 CONDITIONS: 1. The existing 20 foot wide non-turf buffer shall be continuously maintained. 2. The deck shall remain open to the sky. That the above conditions be written into the BuiMing Inspector's Certificate of Occupancy, when issued 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 of a bu#ding permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(sd 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 substttute a similar design that is de minimts in nature Jbr an alteratton that does not increase the degree of nonconfbrmity. k'ote of the Board' Ayes: Members !~eisman (Chairperson), Dinlkio, Schneider, Horning. Absent was; Member Goehringer This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing ft~ /~-ff.. /2012