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Home My WebLink About6612 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 ! 197143959 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 RECEIVED Tel. (631) 765-1809. Fax (631) 765-9064 ~ ~ c~ -'~ ¢/ FINDINGS, DELIBERATIONS AND DETERMINA TIO~~'~ ' ~ MEETING OF JANUARY 17, 2013 $~thold To~ ~ ZBA FILE: 6612 NAME OF APPLICANT: Mariusz Jachimowicz PROPERTY LOCATION: 9395 Main Road (N.Y.S. Route 25), Mattituck, NY CTM: 1000-122-6-18 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 Adminislrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Dec.13, 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 72,425 sq. ft. parcel in the R-40 Zone. The northerly lot line measures +/-105ft., the easterly lot line measures +/-748fi., the southerly lot line measures 100ft. along Route 25, and the westerly lot line measures +/-729fi. The property is improved with a +/-30fix24fi. single story dwelling, a 4ftxSfi. shed, and a second +/-43ftx20ft single story dwelling, which is the subject of this decision, as shown, with the proposed area of enlargement, on the survey drawn by John C. Ehlers, Land Surveyor, and dated May 18, 2012, and Sheet 1 drawn by Philip C. Pandolfi, Architect, dated Oct. 22, 2012. Both dwellings were constructed prior to 1957 Zoning Code, and both have valid pre-existing CO's issued by the Southold Town Building Dept., dated July 11, 2012. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and the Building Inspector's November 9, 2012 Notice of Disapproval based on an application for building permit for "as built" alteration/addition to an existing dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless the use of such building is changed to a conforming use, the "as built" structure is considered a second dwelling on the property. RELIEF REQUESTED: The applicant requests a variance to construct a 4ft.xl2ft. (48 sq. ft.) "as built" addition to the second dwelling, by expanding the northeast corner, and making the structure exactly 43fi.x20ft. While Zoning Code allows repairs to such a structure, it prohibits any enlargement, without the grant of a variance, because it is considered to be a second dwelling on the property, and therefore a nonconforming use, since only one single family dwelling, as a principal use on a residential property, is allowed by Code. Page 2 of 3 - Januapd 17, 2013 ZBA File#6612 - Jachimowicz CTM: 1000-122-6-18 ADDITIONAL INFORMATION: The Applicant submitted a copy of a valid Pre-existing Certificate of Occupancy issued by the Town of Southold Building Dept, dated July l 1, 2012, showing two single family dwellings on the property, both built prior to April 9, 1957 and the enactment of Town Zoning Code. FINDiNGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 3, 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 property has contained two single family dwellings since prior to the enactment of Zoning Code in 1957. Each dwelling has a valid CO dated July 11, 2012, as issued by the Southold Town Building Dept. The enlargement of the second dwelling by 48 sq. ft. does not alter the residential character of the neighborhood, and does not create a detriment to nearby properties because the structure meets all setback requirements, and the structure has a long established, although nonconforming, residential use. 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 structure has an irregularly shaped northeast comer, and to make the structure into a standard 43fi.x20ft. rectangular shape, a 48 sq. ft. addition was required. Because this structure is a second dwelling on the property, although issued with a valid CO, it is considered by Code to be a second, nonconforming use, and it cannot be altered or expanded without the grant of a variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing a +5% enlargement of the existing nonconforming structure, but it is substantial relief because the Code allows no enlargement. However, the enlargement is only 48 sq. ft. and the structure has a valid CO issued July 11, 2012. 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 and Suffolk County Health Dept. requirements for an on site septic system. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel in Aug. 2012, long 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 48 sq. ft. enlargement of a nonconforming structure, 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 variance as applied for, and shown on the survey drawn by John C. Ehlers, Land Surveyor, and dated May 18, 2012, and Sheet I drawn by Philip C. Pandolfi, Architect, dated Oct. 22, 2012. 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 building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Page 3 of 3- January 17,2013 ZBA File#6612 - Jachimowicz CTM: 1000-122-6-18 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 Fore of the Board: Ayes' Members: Weisman (Chairperson,) Homing, Dinizio, Schneider, Goehringer. This Resolution was duly adopted Leslie Kanes Weisman, Chairperson Approved for filing //,22./2013