HomeMy WebLinkAbout6733 BOARD MEMBERS OF SOUL Southold Town Hall
Leslie Kanes Weisman,Chairperson O�� y0l 53095 Main Road•P.O.Box 1179
t O Southold,NY 11971-0959
Eric Dames * Office Location:
Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank
George Homing :% 54375 Main Road(at Youngs Avenue)
Kenneth Schneider 2 Cow t1� Southold,NY 11971
http://southoldtown.northfork.net P25 q
ZONING BOARD OF APPEALS +
TOWN OF SOUTHOLD 14
Tel.(631)765-1809•Fax (631)765-9064 a, -
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Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF APRIL 17,2014
ZBA FILE: 6733
NAME OF APPLICANT: Mario N. Belletti Family Trust
PROPERTY LOCATION: 4700 Wickham Ave., Mattituck,NY CTM: 1000-107-10-5
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 applicant's property is an approximately I acre parcel in the R-80
Zone. The northerly lot line measures +/- 177 feet along Wickham Ave. The easterly lot line measures +/- 241
feet along adjacent property in the AC Zone. The southerly lot line measure +/- 201 feet along adjacent property
also in the AC Zone. The westerly lot line measures +/- 200 feet along adjacent property in the R-80 Zone. The
property is improved with a single family dwelling and the remains of a demolished accessory garage, as shown,
with the proposed reconstructed, enlarged garage on the survey originally drawn by Burton & Hand, Engineers and
Surveyors, dated July 2, 1976, and amended by the applicant at an undetermined date to show the proposed area of
enlargement.
BASIS OF APPLICATION: Request for Variances from Article III Section 280-15, C&D, and the Building
Inspector's October 25, 2013, amended November 8, 2013 Notice of Disapproval based on an application for
building permit for reconstruction with an addition to pre-existing, non-conforming storm damaged accessory
garage, at; 1) location other code required rear yard, 2)proposed roof dormers at more than the code maximum of
40% of the roof width, 3)proposed square footage exceeding the code permitted 750 square foot maximum.
RELIEF REQUESTED: The applicant requests a variance to construct a proposed, reconstructed, two-story
garage, in order to replace a pre-existing, storm damaged/demolished beyond repair, accessory garage originally
located with a footprint partially within a side yard area, instead of being located entirely within the Code required
rear yard. The applicant requests a second variance to reconstruct the accessory garage, originally a 36ft.x32ft.
(1152 sq. ft.) Structure, and construct a new 1280 sq. ft. structure, where Code allows for a 750 sq. ft. structure.
Page 2 of 3—April 17,2014
ZBA#6733—Belletti
SCTM#1000-107-10-5
The applicant requests a third variance in order to construct garage roof dormers utilizing almost 100% of roof
area,when Code allows for dormers not to exceed 40%of total roof area.
ADDITIONAL INFORMATION: The applicant stated that a large tree fell onto the garage during storm Sandy,
and virtually destroyed the structure. The file contains a copy of a Pre-Existing Certificate of Occupancy dated
August 7, 1976 for the existing single family dwelling and an existing accessory two car garage, built prior to April
23, 1957. At the hearing the applicant was asked to provide pictures of the structure prior to the damage, insurance
claim noting the second story and other large accessory structures in the neighborhood. On April 15, 2014 the
applicant provided the insurance claim which noted an attic in the accessory garage representing 1.24%of the
overall size of the building, there were no pictures of the garage prior to the damage provided. Additionally,the
applicant provided photos of other accessory structures in the area. Only one structure, located on a five acre
parcel, received relief for a non-conforming location; but all other code requirements such as size, height,
etc., were conforming.
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 4267-b(3)(b)(1). Grant of two variances for the proposed 1280 sq. ft. two story garage, partially
situated in a nonconforming side yard location, when Code allows for a 750 sq. ft. garage to be located entirely
within a rear yard area and grant of a third variance for dormers to exceed the 40% of roof area allowed by Code
will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The
proposed nonconforming sized, 1280 sq. ft. two story structure, with over-sized roof dormers would be largr than
the original garage, and would be situated in a prominent position within a nonconforming location at the end of an
uphill inclined driveway. The neighborhood consists of a semi-rural mixture of R-80 and AC Zoned properties,
and the proposed nonconforming location for a newly constructed, nonconforming sized accessory structure will
result in a structure that is not characteristic of other accessory structures in the adjacent neighborhood.
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 the granting of three area variances. The applicant has an adequate, available,
and accessible rear yard area where they could construct a conforming sized, (750 sq. ft.) two story garage,
complete with conforming roof dormers not exceeding 40% of roof area, and that could be located entirely within a
conforming rear yard.
3. Town Law &267-b(3)(b)(3). The variance granted herein by alternative relief for a nonconforming sized 1152
sq. ft. (or 3611l.0211.) accessory garage is mathematically substantial, representing approximately 54% relief from
the code allowed 750 sq. ft. structure. However, The ZBA recognizes that the applicant did have a valid CO for a
pre-existing accessory garage of the same size, before the garage was destroyed by a falling tree, during a storm.
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 4267-b(3)(b)(5). The difficulty has not been self-created to the extent that the applicant had a CO
for the original garage, but the difficulty is self-created to the extent that the applicant did not propose to rebuild
the garage in kind, but did propose to expand it's nonconforming size, with new nonconforming features (roof
dormers exceeding the size allowed by Code) and the applicant did propose to construct such a nonconforming
structure in a nonconforming side yard area.
6. Town Law 4267-b. Grant of the alternative relief to construct a 1152 sq. ft. accessory garage, when a 750 sq. ft.
structure is allowed by Code, is the minimum action necessary and adequate to enable the applicant to enjoy the
Page 3 of 3—April 17,2014
ZBA#6733—Belletti
SCTM#1000-107-10-5
benefit of a new nonconforming sized garage, equal to the foot print size of the original garage, 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 Horning, seconded by Member Goehringer, and duly
carried,to
DENY,the variances as requested and to,
GRANT ALTERNATIVE RELIEF, as follows: The proposed garage will not exceed 1152 sq. ft. in size, will be
located entitely within a conforming rear yard area, and will not have roof dormers exceeding 40% of total roof
area.
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 planlsurvey, conforming to the alternative relief granted herein. The 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 will result in delays
and/or apossible denial by the Building Department of a buildingpermit, 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, Dances. This Resolution was
duly adopted(5-0).
Leslie Kanes Weisman, Chairperson
Approved for filing i /_)/ /2014