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Home My WebLink About6614 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 RECEIVED Tel. (631) 765-1809. Fax (631) 765-9064 Or~ ~,'~"¢'~ ; FINDINGS, DELIBERATIONS AND DETERMINATION ~/., .._ ' _1 . MEETING OF JANUARY 17, 2013 :~outhold IOWn ~;ler~ ZBA Application No.6614 Owner: Betty Hermann Property Location: 305 North Bayview Road, Extension, Southold, NY SCTM#1000-78-8-16.1 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 11 category of the State's List of Actions, without further requirements under SEQRA. 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. REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13) to establish an Accessory Apartment in an existing accessory structure. PROPERTY FACTS/DESCRIPTION: The subject property contains 35,728 square feet with 135.00 feet on North Bayview Road Extension, 270.00 feet along the western property line. 131.81 feet along the northern property line and 265.73 feet along the eastern property line. The property is improved with a single-family.' one story residence and a one story accessory structure as shown on the survey by Peconic Surveyors dated October 4, 202. The accessory structure has a CO of record dated April 17, 1979 under Certificate of Occupancy #Z9502 confirming that the.' accessory barn, was built prior to January 1,2008 or the applicant has proved that the accessory structure was eligible for a CO prior to January 1, 2008. ADDITIONAL INFORMATION: The accessory structure is located at the rear of the property without the benefit of driveway access. At the public hearing the applicant's agent was asked about the proposed front deck, which created an accessory structure of more than the code permitted size of 750 square feet for lots 20,000 to 60,000 square feet in size. Applicant's agent stated the deck was proposed due to the contour of the land. On January 4, 2013, the agent provided a revised plan with driveway access and a reduced deck size of 215 square feet to be more conforming with the code. FINDINGS OF FACT: The Zoning Board of Appeals held a public hearing on this application on January 3, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and the surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant. In considering this application, the Board has reviewed the code requirements set forth pursuant to Article Ill, Section 280-13(B)(13) to establish an Accessory Apartment in an Accessory Structure and finds that the Page 2 of 3-January 17,2013 ZBA File#6614 - Hermann CTM: 1000-78-8-16.1 applicant complies does comply with the requirements for the reasons noted below: 1. The Accessory Apartment unit will be located.' on the first floor of the accessory garage with an area of 600 square feet of livable floor area in conformity as proposed, as described and shown on the floor plan by Nancy Dwyer, Design Consulting, lnc. dated July 16, 2012, and as confirmed by the Building Inspector in a memorandum titled "Verification of Livable Floor Area" dated January 3, 2013 and received by the Board of Appeals on January 3, 2013 indicating the livable floor area of 600 sq. fi. and a total square footage of the entire building of 930 sq. fi. 2. The dwelling unit complies with the definition of same in {}280-4 of the code and complies with the code requirements as defined in Section 280-13(B)(13) of the Zoning Code. The owner confirms that the accessory apartment shall not contain less than 450 sq. feet nor will the accessory apartment exceed 750 square feet of livable floor area, all on one floor with only one full bathroom. 3. The applicant herein, owns and resides at the property and will continue to occupy the single-family dwelling as a principal residence in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)(j, 1-4), and as documented by NYS Drivers License and Cable Bill indicating the occupancy of the applicant. 4. The occupants of the accessory apartment will be either a family member or a resident who is currently on the Southold Town Affordable Housing Registry, and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article 111, Section 280- 13(B)(13)(j,). The occupant of the accessory apartment will be the applicant's grandson as documented by a sworn affidavit provided by the owner.. 5. The owners' plans comply with the on-site parking requirements and provide for a total of four (4) parking spaces, two for the principal use and two for the Accessory Apartment, utilizing the existing and proposed driveway areas, as shown on the sketch provided by the applicant's agent dated January 3, 2013 and dated received by the Zoning Board of Appeals January 4, 2013. 6. Only one accessory apartment will be on the subject property and no Bed and Breakfast facility, as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 7. This conversion shall be subject to a building permit, inspection by the Building Inspector, and annual renewal of the Certificate of Occupancy. REASONS FOR BOARD ACTION DESCRIBED BELOW: 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: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the principal structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 4) The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5) No adverse conditions were found ai%r considering items listed under Sections 280-142 and 280-143 of the Zoning Code. Page 3 of 3 - January 17, 2013 ZBA File#6614 - Hermann CTM: 1000-78-8-16 1 BOARD RESOLUTION: On motion by Member Goehringer, seconded by Member Weisman (Chairperson), it was RESOLVED, to GRANT, a Special Exception for an Accessory Apartment, in the existing Accessory Structure, as applied for. And, to GRANT~ an area variance of 845 total square foot area of the accessory building. SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Special Exception Permit requires an annual inspection by a Code Enforcement Officer from the Building Department. 2. The deck shall be no larger than 215 square feet as shown on the sketch submitted on January 4, 2013 and shall not be enclosed or become habitable space. 3. The surface of the proposed driveway is to be inspected upon completion of installation by the Chairperson and/or one assigned Member of the Zoning Board of Appeals prior to the issuance of a Certificate of Occupancy. That the above conditions be written into the BuiMing Inspector's Certificate of Occupancy, when issued. This Special Exception permit can not be transferred to new owners. Any deviation from the survey, site plan and/or architectural drawings cited in this decision, may 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 violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. Vote of the Board: Ayes: Members: kVeisman (Chatrperson,) Horning, Dinizio, Schneider, Goehringer. adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing / /2 2-/2013 This Resolution was duly