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Home My WebLink About6731 BOARD MEMBERS �F soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� if'� 53095 Main Road•P.O.Box 1179 l0,�/, Southold,NY 11971-0959 Eric Dames T Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �� • ,O 54375 Main Road(at Youngs Avenue) Kenneth Schneider � �UNi'1�A\ Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS 4- TOWN OF SOUTHOLD AN Z 5 2014 Tel.(631)765-1809 •Fax (631)765-9064 Q Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17,2014 ZBA FILE#6731 NAME OF APPLICANT: Michael Murray and Theresa Ward PROPERTY LOCATION: 375 Ackerly Pond Lane (corner Lower Road), Southold,NY S.C.T.M. 1000-69-5-12.1 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 February 25, 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. PROPERTY FACTS/DESCRIPTION: The property is a non-conforming 22,364 square foot parcel located in the AC district. The parcel is developed with a one story dwelling, two sheds, and a frame barn. The parcel is an irregularly shaped five-sided property. The parcel runs 77.67 feet on Ackerly Pond Lane. It then angles to the northeast for 47.40 feet on the corner of Ackerly Pond Road and Lower Road. The property then runs 228.89 feet along Lower Road. The South side of the property runs 68.76 feet. The West side of the property runs 224.70 feet. All is shown on survey prepared by Kenneth M. Woychuk L.L.S. and dated August 30, 2013. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124, Article XXIII Section 280-122A and Article III Section 280-15 and the Building Inspector's January 21, 2014, amended January 27, 2014 Notice of Disapproval based on an application for building permit for additions/alterations to existing single family dwelling and conversion of existing barn to workshop, at; 1) less than the code required front yard setback of 40 feet from both streets, 2) Increase in non-conformity for the barn conversion, 3) barn location in other than the code required rear yard. RELIEF REQUESTED: The applicant requests variances to construct an addition to the principle structure at less than code required front yard setback of 40 feet. Following proposed construction the single-family dwelling will have a front yard setback of 25.5 feet from Ackerly Pond Road and 34.3feet from Lower Road where the code requires a 35 foot front yard setback. The applicant also requests a variance to renovate the frame barn in a non- conforming front yard where code requires accessory structures to be located in the rear yard. Furthermore, the applicant requests a variance to convert the barn to a workshop with a half-bath and outdoor shower, where the Page 2 of 3—April 17,2014 BA#6731—Murray/Ward SCTM#1000-69-5-12.1 code does not permit any new non-conformance or increase in the degree of nonconformance on non-conforming buildings. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on April 8, 2014 submitted a plan moving the outside shower to the rear of the frame barn and bringing the plan into more conformity with the codes. ADDITIONAL INFORMATION: During the hearing testimony was taken that the house was constructed in its existing location around year 1750 and the frame barn was built around year 1900. The applicants testified that they plan on renovating the frame barn into a work shop. The applicant's plan on putting a half bath in the work shop which is permitted by code. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 3,2014 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)(U. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single-family homes and borders on several agricultural parcels. Many of the homes are older houses which do not conform to the code. It is typical for agricultural parcels to have frame bams. The grant of alternative relief for the outdoor shower location will make the shower the least visible from the street as possible. Further, the proposed sunroom addition is located near the rear of the residence and is hidden from view by the existing barn. The applicant plans on renovating the barn so that it keeps its traditional appearance. 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 structures have Pre-CO's and were built prior to zoning. The non-conformities currently exist. The property is a comer lot with two front yards. In order for the applicant to conform to current zoning codes he would need to move the existing buildings. Since the buildings have been in their current locations for over 100 years this is not practical and the applicant is only able to renovate his home and accessory barn with the benefit of area variances. 3. Town Law 4267-b(3)(b)(3). The variance for the front yard setback from Ackerly Pond Lane granted herein is mathematically substantial, representing 37% relief from the code. The variance for the front yard setback from Lower Road granted herein is mathematically substantial, representing 15% relief from the code. The variance for the location of the frame barn in a non-conforming front yard granted herein is mathematically substantial, representing 100% relief from the code. However, the structures pre-date zoning and the non-conformities already exist. Adding the outdoor shower to the frame barn will have a minimal impact on the neighborhood. 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. 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 variances and alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition to the single family home and conversion of the frame barn to a workshop while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 of 3-April 17,2014 BAN6731-Murray/Ward SCTM91000-69-5-12.1 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 Dantes, seconded by Member Horning, and duly carried,to GRANT the variances as applied for, and shown on the Architectural plans by Frank Uellendahl, Architect labeled: site plan A-1, dated 04/04/2014, floor plan A-4, and loft plan A-4, cross section A-5, and elevation A-7 dated February 7, 2014. DENY, the application for the exterior shower as applied for, and GRANT ALTERNATIVE RELIEF for the location of the outdoor shower making the shower less visible from the road. The new location of the outdoor shower is shown on the site plan A-1, dated 04/04/2014 prepared by Frank Uellendahl, Architect. 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, Horning, Goehringer, Dames. This Resolution was duly adopted(5-0). et4�x— /aW4 Leslie Kanes We isman, hairperson Approved for filing �e?l /2014