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HomeMy WebLinkAbout6779 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �O��OF $�(/jyOlO 53095 Main Road• P.O. Box 1 179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �O 54375 Main Road(at Youngs Avenue) Kenneth Schneider ���COUNTY,Ner� Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809• Fax (631)765-9064 Q, Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 18,2014 ZBA FILE# 6779 NAME OF APPLICANT: Kathleen Agoglia PROPERTY LOCATION: 6205 Peconic Bay Boulevard Laurel,NY SCTM#1000-126-10-24 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type If category of the State's List of Actions, without further steps under SEQRA. 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 25,005 square foot parcel located in an R-40 zone. The property runs 100.02 feet along Peconic Bay Boulevard, 250.09 feet along the East side, 100.02 feet on the North side, and 250.00 feet along the West side. The property is improved with a single family dwelling. The existing dwelling sits 12.5 feet off of the East property line. All is shown on a plot plan by Louis Santora, Architect dated December 2013. BASIS OF APPLICATION: Request for a Variance from Section 280-124 and the building inspectors March 26, 2014, renewed July 14, 2014 Notice of Disapproval based on an application for building permit to construct a porch addition to existing single family home, at 1) less than the code required minimum side yard setback of 15 feet. RELIEF REQUESTED: The applicant requests a variance to construct a covered porch addition to the front of the dwelling at a 12.5 foot side yard setback off of the Eastern property line where the code requires a minimum 15 foot setback. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 4, 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 produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single-family homes. The proposed covered porch extends off the front of the existing single-family dwelling and the existing set back will be maintained. Page 2 oft—September 18,2014 'LRA File 6779-Agoglia SCT M#1000-126-10-24 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 dwelling was constructed in 1963 and will remain in its existing location and the existing setback will not be changed. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 17% relief from the code. However, surrounding properties have similar setbacks and architectural structures. 4. Town Law §267-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 §267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a covered porch addition 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 Dantes , seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the Architectural plans by Louis Santora, Architect labeled PL- 1, A]-3 and dated December 2013. 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 Schneider, Horning, Goehringer, Mantes. Absent was: Member Weisman (Chairperson). This Resolution was duly ado ted (4- Kenneth Schneider, Acting Chairperson Approved for filing q IZ-2(2014