HomeMy WebLinkAbout6780 BOARD MEMBERS 0 f SOU Southold Town Hall
Leslie Kanes Weisman,Chairperson �� liy0 53095 Main Road • P.O.Box 1179
!� ' Southold,NY 11971-0959
Eric Dantes Office Location:
Gerard P.Goehringer Q Town Annex/First Floor,Capital One Bank
George Homing �'� • �O 54375 Main Road(at Youngs Avenue)
Kenneth Schneider IyCou TY Southold,NY 11971
http://southoldtown.northfork.net RECEIVED
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLDr` `
Tel.(631)765-1809 • Fax (631) 765-9064 g`
FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town Clerk
MEETING OF SEPTEMBER 18,2014
ZBA FILE: 6780
NAME OF APPLICANT: Sonia Karakash
PROPERTY LOCATION: 1 170 Third Street, New Suffolk SCTM#1000-1 17-7-16
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 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 August 19, 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 property is located in the R40 zone and is non-conforming with
4,660 sq. ft. in area. It is improved with a seasonal one story dwelling with attached front porch. It has 50.00 feet
of frontage on Third Street, 93.90 feet along the north property line, 49.25 on the east property line and 93.95 feet
on the south property line as shown on the survey dated March 25, 2014 prepared by Nathan Taft Corwin, III, LS.
RELIEF REQUESTED: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's
June 30, 2014 Notice of Disapproval based on an application for building permit to construct additions and
alterations to an existing single family dwelling, at; 1) less than the code required rear yard setback of 35 feet.
BASIS OF APPLICATION: Applicant is proposing to construct a one story addition to the rear of the dwelling
with a 33.6 foot rear yard setback where the code requires a 35 foot rear yard 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 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The proposed addition is 12 feet by 8.8 feet for a total of
105.5 square feet. It is proposed on the rear of the dwelling and will not be visible from the street.
Page 2 of 2—September 18,2014
ZBA File 6780—Karakash
S(TM#1000-117-7-6
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. This is due to the non-conforming size of the parcel and the
location of the dwelling on the lot which is non-conforming at 34 feet from the rear yard. So any additions to the
rear of the dwelling will require variance relief.
3. Town Law §267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 4°i0
relief from the code.
4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential
community will not 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 the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new addition to an existing dwelling 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 Goehringer, seconded by Member Schneider, and
duly carried, to
GRANT the variance as applied for, and shown on the survey dated March 25, 2014 prepared by Nathan Taft
Corwin, III, LS. And the construction plans labeled pages A-1 dated 7-10-14 and A-2 dated 7-9-14, prepared by
Jeff Hallock Builders, Inc.
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 ofAppeals.
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 fbr an alteration that does not increase the degree of
nonconformity
Vote of the Board: Ayes: Members Schneider, Horning, Goehringer, Dantes. Absent was: Member Weisman (Chairperson).
This Resolution was duly adopted (4-0).
Kenneth Schneider, Acting Chairperson
Approved for filing I? / Z-2-�2014