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Home My WebLink About6639 BOARD MEMBERS Leslie Kanes Weisman, Chairperson 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 A. ~ ---[~_.,O~5 "' API 2 3 2013 FINDINGS, DELIBERATIONS AND DETERMINATION ~_~~."v~ 't,L//.e, orj_~ MEETING OF APRIL 18, 2013 Soru'thold Town Clerk ZBA FILE: 6639 NAME OF APPLICANT: Katherine Andreadis PROPERTY LOCATION: 300 Fiddler Lane (corner Meadow Lane) Greenport, NY. SCTM#1000-36-2-10 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 Il category of the State's List of Actions, without further steps 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. PROPERTY FACTS/DESCRIPTION' Subject property is a vacant lot containing 5,916 sq. ft. and is located in the R-40 zone. It has 70.00 feet of frontage on Fiddler Lane, 114.54 feet of frontage on Meadow Lane, 42.19 feet on the eastern property line and 100.00 on the southern property line as shown on the survey dated December 17, 1997, last revised December 9, 1998 prepared by John T. Metzger, LS. BASIS OF APPLICATION: Request for Variances from Article XXlll Section 280-124 and Article 111 Section 280-15 and the Building Inspector's January 22, 2013 Notice of Disapproval based on an application for building permit for construction of a new single family dwelling and accessory in-ground swimming pool: 1) less than the code required minimum front yard setback of 35 feet, 2) less than the code required minimum rear yard setback of 35 feet, 3) more than the code permitted maximum lot coverage of 20%, 4) accessory in-ground swimming pool proposed in a location other than the code required rear yard. RELIEF REQUESTED: The applicant requests variances to construct a new single family dwelling with a front yard setback of 15 feet (Meadow Lane) where the code requires 35 feet, 30 from the rear property line where the code requires 35 feet and lot coverage of 21.5% where the code permits a maximum of 20%. Additionally, the proposed in-ground swimming pool is shown at 15 feet from Meadow Lane where the code requires 35 feet. ADDITIONAL INFORMATION: The subject parcel is a legally existing lot and is the smallest one in this residential neighborhood. During the hearing, the applicant's agent was asked to bring the plan into more conformity with the code. The agent agreed to reduce the footprint of the propose new dwelling to achieve a greater front yard setback and conforming lot coverage. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 4, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and Page 2 of 3 - April 18~ 2013 ZBA File#6639 - Andreadis 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)(2) Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Several homes in the neighborhood have reduced front yard setbacks. The agent for the applicant provided surveys of other properties with reduced setbacks and lot coverage variances that were granted by this Board. The majority of the lots in this neighborhood are non-conforming in size. Additionally, the property to the east has an accessory garage close to the shared property line, which will screen the pool from that neighbor and the applicant has agreed to provide evergreen screening along the property line on Meadow Lane. 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 applicant's property is located on a comer is non- conforming in size and would require variances anywhere the dwelling or accessory pool are placed. The applicant has agreed to reduce the size of the proposed house to a modest 24'X34' two story dwelling. 3. Town Law. 267-b(3){b){3) The variances requested herein are mathematically substantial, representing for the house; 51% relief for the front yard setback, 9% relief for the rear yard setback from the code. Regarding the swimming pool, it represents 57% relief from the code. However, wherever the house or pool are proposed on this small lot with two front yards a variance will be required. The applicant has agreed to reduce the size of the house in order to reduce the front and rear yard setback and remove the lot coverage request. Additionally, the distance to the road from the applicant's property line is approximately 16 feet, which allows for the dwelling to be 33 feet from the edge of the pavement. 4. Town Law §267-b(3){b)(4) No specific evidence has been submitted to suggest that the variances requested 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. 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 alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new single family dwelling with accessory swimming pool 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 Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to DENY as applied for, and GRANT ALTERNATIVE RELIEF as follows: the proposed single family dwelling will be reduced to a maximum footprint of 24'X34', with a front yard setback of 17 feet, a rear yard setback of 32.2 feet and lot coverage of 20%, as shown on the sheet labeled S-1 site plan dated April 12, 2013 prepared by Mark Schwartz, AIA. Subject to the following conditions: CONDITIONS: l. Swimming pool to be constructed, with a drywell for de watering and mechanical system to be placed in a sound proof cabinet. 2. Evergreen landscape screening shall be planted at a minimum height of four (4) feet and continuously maintained, along Meadow Lane and the westerly property line so as to provide visual privacy for the proposed pool as shown on the site plan by Mark Schwartz dated April 12, 2013 Page 3 of 3 - April 18, 2013 ZBA File#6639 - Andreadis SCTM: 1000-36-2-10 3. The existing shed shall be removed from the subject property That the above conditions be written into the Building 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 ora buiMing permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein aa' 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 properly 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 nonconformily. I~ote oj~ the Board Ayes: Members Weisman (Chairperson), Goehringer, Homing, Schneider 7his Resolution was duly adopted (4-0). Leslie Kanes Weisman /.~.~.../2013 Approved for filing ~ Chairperson