HomeMy WebLinkAbout6736 BOARD MEMBERS OF soar Southold Town Hall
Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Eric Dames Office Location:
Gerard P.Goehringer G C Town Annex/First Floor,Capital One Bank
George Horning '? �0 54375 Main Road(at Youngs Avenue)
Kenneth Schneider Own Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS RECEIVED _y
TOWN OF SOUTHOLD `1 3 J` /
Tel.(631)765-1809 •Fax (631) 765-9064 A 2 5 2014
SO hold Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF APRIL 17,2014
ZBA FILE: 6736
NAME OF APPLICANT: North Fork Builders, Inc.
PROPERTY LOCATION: 755 Knapp Place (corner Bailey Avenue), Greenport,NY SCTM#1000-34-2-8
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 11 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 April 4, 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: Subject parcel is a nonconforming lot containing 9,785 sq. ft. located in
the R40 zone district. It is improved with a 1 '/2 story dwelling with attached garage and carport. It has 102.49 feet
of frontage on Knapp Place, 116.23 feet along the western property line, 68.00 feet on the north property line and
119.00 on Bailey Avenue as shown on the survey prepared by John C. Ehlers, LLS dated February 24, 2014.
BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and the Building
Inspector's February 20, 2014 Notice of Disapproval based on an application for building permit for additions
(including front porch and 2nd story) and alterations to an existing single family dwelling, at; 1) less than the code
required front yard setback of 35 feet (Knapp Place), 2) less than the code required front yard setback of 35 feet
(Bailey Avenue) 3) less than the code required minimum rear yard setback of 35 feet.
RELIEF REQUESTED: The applicant requests variances to construct additions and alterations to the existing
dwelling 11 feet from Bailey Avenue where the code requires 35 feet, 22.3 feet from Knapp Place where the code
requires 35 feet and 29.4 feet from the rear yard property line where the code requires 35 feet.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
Page 2 of 3—April 18,2014
ZBAN6736—North Fork Builders
SCTMN 1000-34-2-8
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)(1). Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The subject neighborhood is comprised of approximately 20
improved parcels. . Many of the homes in this area have non-conforming front yard and rear yard setbacks. The
subject dwelling is set at an angle on this corner lot and has been in its location since prior to zoning. At the
hearing, the applicant provided photos of the surrounding homes, many of which had non-conforming front yard
setbacks.
2. Town Law &267-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 lot has two front yards and the dwelling is situated
14.7 feet from Bailey Avenue and 27.6 feet from Knapp Place so any additions would require a variance. The rear
yard is currently 28.1 feet and the proposed addition will be 29.4 feet.
3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial for the front yard
setbacks, representing 69% relief (Bailey Avenue) and 36% (Knapp Place) from present code requirements.
However, these setbacks are not out of character for the neighborhood. The rear yard variance is not
mathematically substantial representing 16% variance relief for proposed second story roof dormers and is further
from the property line than the existing first floor.
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 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 &267-b. Grant of requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new usable second story and new front porch 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 Goehringer, seconded by Member Schneider, and
duly carried,to
GRANT, the variances as applied for, and shown on the survey prepared by John C. Ehlers, LLS dated February
24, 2014 and plans and specifications A-1 through A-6 prepared by North Fork Builders and stamped by Anthony
M. Salvati, RA, dated January 28, 2014.
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.
Page 3 of 3—April 18,2014
ZBAN6736—North Fork Builders
SCTM#1000-34-2-5
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).
Leslie Kanes Weisman, Chairperson
Approved for filings )/ /2014