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