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Home My WebLink About6709 BOARD MEMBERS ~QF soil Southold Town Hall Leslie Kanes Weisman, Chairperson ~0~ yQ~O 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dances * Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Homing 54375 Main Road (at Youngs Avenue) Kenneth Schneider Cow, Southold, NY 11971 http://southoldtown.northfork.net RECEIVED PQ~ ZONING BOARD OF APPEALS //,DO TOWN OF SOUTHOLD FEE lo J14 Tel. (631) 765-1809 • Fax (631) 765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 23, 2014 ZBA FILE: 6709 NAME OF APPLICANT: Steven and Susan Bloom SCTM#1000-126-11-15 PROPERTY LOCATION: 7800 Peconic Bay Blvd. (adj. to Great Peconic Bay), Laurel, NY SEORA 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 December 30, 2013 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 December 23, 2013. 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 subject parcel is located in the R-40 zone. The subject parcel is 53,249 square feet, with 222.34 feet fronting Peconic Bay Blvd at its northern boundary, 295.59 feet along an adjoining property at its western boundary, 315.10 feet along another adjoining property at its eastern boundary and 144.31 feet along the Great Peconic Bay at its southern boundary. The parcel is bulk headed entirely along the southern boundary. The subject parcel is improved with a 1 & 2 story frame house, a one-story frame garage, a frame shed and a one story frame cottage. All as shown on the survey prepared by Nathan Taft Corwin III, L.S., dated October 2, 2007. BASIS OF APPLICATION: Request for Variance from Article III Section 280-15 and the Building Inspector's November 15, 2013 Notice of Disapproval based on an application for building permit for an accessory in-ground swimming pool, at; 1) proposed location other than the code required rear yard. RELIEF REQUESTED: The applicant requests a variance to construct an accessory in-ground swimming in a side yard location, where the Code permits only a rear or front yard location on waterfront parcels, as shown on the Site Plan prepared by Robert Brown, R.A. dated 10/08/2013. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: Page 2 of 3 - January 23, 2014 ZBAN6709 - Bloom SCTMN 1000-126-11-15 The Zoning Board of Appeals held a public hearing on this application on January 9, 2014, 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)(4 Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. An accessory in-ground swimming pool is a common accessory structure for residential properties in this neighborhood. The proposed side yard location will set the pool back more than 110 feet from the street, thereby mitigating any visual impacts that a conforming front yard location might create. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed swimming pool could be located in a conforming front yard location. However, this location is not typical along Peconic Bay Blvd. and this would require the removal of large mature trees which the applicant would prefer to retain onsite, and/or the installation of substantial landscape screening to create privacy between the proposed pool and Peconic Bay Boulevard, which is a high traffic street. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the proposed location of the in-ground swimming pool, having a 20 foot side yard setback, is greater than the required side yard setback of 15 feet for the principle structure and is proposed to be screened with evergreens along the adjoining property line. Also, there is a 10 foot wide beach access Right-Of- Way parallel to the subject side yard that creates an additional buffer to the adjoining property to the west. 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 proposed side yard location is setback at a code complaint distance from the bulkhead. In contrast, the seaward side of the existing dwelling is set back from the bulkhead at 87.9 feet, so any rear yard location for a swimming pool would have to create undesirable non-conformity with more adverse environmental impacts than the proposed side yard location. Also, 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 purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing an accessory in-ground swimming pool in a side yard location, 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 Schneider, seconded by Member Weisman Chairperson), and duly carr ied, to GRANT, the variance as applied for, and shown on the Site Plan prepared by Robert Brown, R.A. dated 1/16/2014, subject to the following conditions; CONDITIONS: 1. Evergreen screening, having a minimum height of 4 feet, shall be installed and maintained along the side yard property line at the proposed pool location. 2. Pool mechanicals shall be placed is a sound deadening enclosure. 3. Drywell for pool de-watering shall be installed. Page 3 of 3 - January 23, 2014 ZBA#6709 - Bloom SCTM#1000-126-11-15 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 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. 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dames, Horning. Absent Member Goehringer. This Resolution was duly adopted (4-0). rLi l/" ""J N Leslie Kane Weisman, Chairperson Approved for filing /at /2014