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Home My WebLink About6715 BOARD MEMBERS OF SOU Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dances * # Office Location: Gerard P. Goehringer Town Annex /First Floor, Capital One Bank George Horning • ~O 54375 Main Road (at Youngs Avenue) Kenneth Schneider ~l{yCOUS~ Southold, NY 11971 http://southoldtown.northfork.ne[ RE VE ZONING BOARD OF APPEALS 4 3 5 TOWN OF SOUTHOLD AP 2 5 22014 Tel. (631) 765-1809 • Fax (631) 765-9064 L So old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17, 2014 ZBA Application No.: 6715 Applicants/Owners: Jarred Field SCTM#1000-69-4-10.1 Property Location: 37470 County Route 48 (aka North Road & Middle Road) Peconic, 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 It category of the State's List of Actions, without further requirements 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 January 8, 2014 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. REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(l3) to establish an Accessory Apartment in an existing accessory structure which is proposed to be renovated from a one story accessory storage/garage building to a two story accessory apartment with a pull down stair for access to storage areas above. PROPERTY FACTS/DESCRIPTION: The subject property contains 1.98 acres with 245.11 feet along County Route 48, 347.61 feet along the eastern property line, 245.41 feet along the south property line and 349.33 feet on the western property line. The property is improved with a single-family one and a half story residence and a one story accessory structure with garage as shown on the survey by Nathan Taft Corwin, III, LLS dated February 6, 2008. The accessory structure has a Pre-CO of record dated June 3, 1986 under Pre Certificate of Occupancy # 14463 confirming that the accessory storage/garage was built prior to January 1, 2008. ADDITIONAL INFORMATION: At the first public hearing on February 6, 2014, the applicant requested a Special Exception Permit to convert an existing accessory storage building, which is in poor condition, into a new three car garage with the addition of a new 606 sq. ft. apartment above; 565 sq. ft. of the original exterior wall structure was proposed to be entombed in the walls of the proposed new garage in order to preserve the qualifying 1986 C.O. of the original structure. At that hearing the applicant was asked to bring the request into conformity with the code Page 2 of 4 April 17, 2014 ZBAk6715 - Field SCTMN 1000-69-4-10.1 At the April 3, 2014 public hearing, the applicant's architect presented a floor plan and elevations that showed a 528 sq. ft. accessory apartment on the first floor with minimal storage areas above via a pull down stair access, dated 3/31/14 and prepared by Samuels and Steelman, Architects. At that time the Board requested an architectural building section showing the proposed second floor storage spaces and calculation of the percentage of the exterior walls of the original structure proposed to be preserved to avoid a total demolition that would extinguish the qualifying C.O. Those drawings were received on April 9, 2014, and included a site plan proposing to move the original structural footprint to a conforming side yard location of 25 ft. and to construct a full basement under the accessory apartment. Originally, the applicant proposed to reconstruct/renovate the existing accessory building into an accessory apartment in place, maintaining the existing side yard setback that varies from 12.9 ft. to 14.6 ft., on a new foundation with slab. Although the Board discussed the applicant's spontaneous request to include a full basement and new conforming location for the proposed accessory apartment at the April 3, 2014 public hearing, the Board finds that renovation in place of the existing accessory building on a new foundation with a crawl space is more in keeping with the code requirements set forth pursuant to Article III, Section 280-13(B)(13) to establish an accessory apartment in a qualifying existing accessory structure. FINDINGS OF FACT: The Zoning Board of Appeals held public hearings on this application on February 6, 2014 and April 3, 2014, 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 III, Section 280-13(B)(13) to establish an Accessory Apartment in an Accessory Structure and finds that the applicant complies with the requirements for the reasons noted below: 1. The proposed accessory Apartment unit will be located on one floor within the ground floor footprint of the proposed rebuilt accessory storage shed with an area of 528 square feet of livable floor area in conformity as proposed, as described and shown on the floor plan by Samuels and Steelman, Architects dated 4/19/14 and labeled schematic design sheet no.: 3and as confirmed by the Building Inspector in a memorandum titled "Verification of Livable Floor Area" dated March 31, 2014 and received by the Board of Appeals on March 31, 2014. The accessory apartment will also contain a non-habitable front porch and non-habitable second floor storage areas, also as shown on the drawings by Samuels and Steelman, Architects dated 4/19/14 and labeled schematic design sheet no.: 3. 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 accessory apartment as a principal residence in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)0, 1-4), and as documented by receipt of a LIPA utility bill, Van Duzer propane bill and a notarized rental agreement. 4. The occupant of the single family dwelling will be a family member and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)0, 1-4). The owner, Jarred Field, shall occupy the accessory apartment in the accessory building as his principal residence and his brother, Howard Field, shall occupy the single family dwelling as confirmed in a notarized rental agreement dated December 11, 2013. 5. The owner's plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, two for the principal use and one for the accessory apartment, utilizing the existing driveway Page 3 of 4 April 17, 2014 ZBA#6715 - Field SCTM# 1000-69-4-10.1 areas, as shown on the site plan prepared by Samuels & Steelman, Architects, dated 12/4/13. 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 is/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 Accessory 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 after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. BOARD RESOLUTION: On motion by Member Goehringer, seconded by Member Weisman (Chairperson), it was RESOLVED, to GRANT the SE application for an accessory apartment by converting/renovating/rebuilding in place the existing accessory building on a new foundation with a crawl space; SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant's agent shall submit a final site plan showing the proposed accessory structure apartment conversion in the existing partial side yard location and a revised building section and foundation plan on sheet no.: 3 labeled schematic design and dated 4/19/14 by Samuels and Steelman, Architects, to show construction on a crawl space 2. The roof over front porch addition shall remain unenclosed 3. This Special Exception Permit requires an annual renewal by a Building Inspector in the Building Department. It is the applicant's resaonsibility to apply to the Building Department each year to renew the accessory apartment permit. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein 4. This Special Exception permit cannot be transferred to new owners That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final site plan, architectural drawings, and schematic design sheet showing a crawl space and color coded calculations conforming to the alternative relief granted herein. The Page 4 of 4 April 17, 2014 ZBA46715 - Field SCTM# 1000-69-4-10.1 ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 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 Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted (5-0). t~YL. Leslie Kanes Weisman, Chairperson Approved for filing t d/ /2014