The URL can be used to link to this page

Home My WebLink About6711 Office Location: $OOjyo Mailing Address: Town Annex /First Floor, Capital One Bank ~ 53095 Main Road 54375 Main Road (at Youngs Avenue) * P.O. Box 1179 Southold, NY 11971 G, Southold, NY 11971-0959 i OOUN~ http://southoldtown.northfork.net RECEIVED' BOARD OF APPEALS y Q 6 TOWN OF SOUTHOLD FEB 1. 0 1A Tel. (631) 765-1809 Fax (631) 765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 23, 2014 ZBA FILE 6711 NAME OF APPLICANT: Carolyn R. Ameen SCTM#1000-115-11-4.1 PROPERTY LOCATION: 755 Lupton Point Road (adj. to Deep Hole Creek) Mattituck, 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 t o 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 INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Based upon the mitigating conditions imposed in this decision, the Board finds the application CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a two story frame dwelling with attached porch and patio. It is located in the R-40 zone district and is non-conforming with 22,570 sq. ft. It has 95.24 feet of frontage on Lupton Point Road (20' Right of Way), 208.48 feet along the western property line, 110.79 feet along the northern property line, 44.78 feet on Deep Hole Creek and 198.24 feet along the eastern property line as shown on the survey dated March 12, 2013, last updated November 21, 2013 prepared by John T. Metzger, LLS. BASIS OF APPLICATION: Request for Variance from Article XXII Section 280-116B and the Building Inspector's October 10, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet. RELIEF REOUESTED: The applicant requests a variance for additions and alterations to the existing home, including a second floor deck that is proposed at 63.4 feet from the bulkhead where the code required a 75 foot bulkhead setback. ADDITIONAL INFORMATION: During the hearing the applicant's agent was asked to provide information on the condition of the septic system and its location. On January 10, 2014 the ZBA received the requested information. Page 2 of 3 -January 23, 2014 ZBA#6711 - Ameen S CTM# 1000-115-11-4.1 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: 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)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Lupton Point Rd., area consists of approximately 22 described lots which predate zoning. The subject dwelling on the property has been in existence since prior to zoning with no evidence of adverse impacts. 2. Town Law 4267-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 present home has been in existence prior to zoning and is located within the 75 foot bulkhead setback. 3. Town Law &267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 15% relief from the code. However, the proposed second floor deck is proposed above an existing deck and will maintain the same setback that presently exists. 4. Town Law 4267-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 shall comply with the determination made by the LWRP Coordinator. 5. Town Law 4267-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 additions and alterations 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 267-13, motion was offered by Member Weisman (Chairperson), seconded by Member Schneider, and duly carried, to GRANT, the variance as applied for, and shown on the plans prepared by Charles Thomas, Architect, pages 1-5, dated 7/13/2013and the survey dated March 12, 2013, last updated November 21, 2013 prepared by John T. Metzger, LLS. Subject to the following conditions; CONDITIONS: 1. Proposed second story deck shall remain open to the sky. 2. A perpetual 20 foot wide landscaped buffer shall be installed landward of the tidal wetland line as shown on the survey. 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 buildingpermit, and may require a new application andpublic hearing before the Zoning Board of Appeals. Page 3 of 3 - January 23, 2014 ZBA#6711 - Ameen SCTM#1000-115-11-0.I 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, Dantes, Horning. Absent: Member Goehringer. This Resolution was duly adopted (4-0). ~tw Leslie Kanes Weisman, Ch ' erson Approved for filing / /a /2014