The URL can be used to link to this page

Home My WebLink About6781 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��F S�(/T�O53095 Main Road•P.O. Box 1179 l Eric Dantes 0 Southold,NY 11971-0959 #[ Office Location: Gerard P.Goehringer U, Town Annex/First Floor,Capital One Bank George Horning • �O� 54375 Main Road(at Youngs Avenue) Kenneth Schneider eou TYSouthold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS // 7 TOWN OF SOUTHOLD , Tel.(631) 765-1809•Fax (631)765-9064 oufihold Town %lerlk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 18, 2014 ZBA FILE: 6781 NAME OF APPLICANT: Joseph Licciardi and Catherine Pino PROPERTY LOCATION: 50 Cleaves Point Road (adj. to Orient Harbor) East Marion, NY. SCTM#1000-38-2-31 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated August 21, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION.- Subject property is located in the R40 zone and is non-conforming with 26,321 sq. ft. It is improved with a 2 story dwelling and a one story framed building. It has 100.00 feet of frontage on Cleaves Point Road, 281.23 feet along the eastern property line, 102.26 on Orient Harbor and 338.09 feet along the western property line. As shown on the survey dated October 10, 1997, last revised April 4, 2014 prepared by John T. Metzger, LLS. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and the Building Inspector's April 18, 2014, renewed July 14, 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 minimum side yard setback of 15 feet, 2) less than the code required combined side yard setback of 35 feet. RELIEF REQUESTED: The applicant requests variances to construct additions and alterations in locations requiring; 1) a 14.5 foot side yard setback where the code requires a minimum of 15 foot and, 2) a combined side yard setback of 32.5 feet where the code requires a minimum 35 foot combined. ADDITIONAL INFORMATION: The dwelling exists with an 1 l foot side yard setback from the westerly property line and a 14.5 foot side yard setback from the easterly property line. The new additions and alterations at the Page 2 of 3—September 18,2014 ZBA File 6781—Neciardi/Pino SCTM#1000-38-2-31 easterly side yard (Garage) are proposed to maintain the existing side yard setback of 14.5 feet. The new deck addition is proposed to have an opposing(westerly) side yard setback of 18 feet. 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 X267-b(3)(b)(U. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Adjoining properties to the east have similar non-conforming side yard setbacks to that of the subject dwelling. 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 exists in its present non-conforming locations and any additions and alterations at those locations will require a side yard setback variance 3. Town Law X267-b(3)(b)(3). The variances granted herein for a 1) side yard setback of 14.5 feet and 2) a combined side yard setback of 32.5 feet are both not mathematically substantial, representing 3% and 7% relief from the code respectively. 4. Town Law X267-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 X267-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 X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a constructing additions and alterations to the existing dwelling having a side yard setback of 14.5 feet and a combined side yard setback of 32.5 feet, 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 Schneider, seconded by Member Goehringer, and duly carried, to GRANT the variances as applied for, and shown on the survey prepared by John T. Metzger, L.S., dated Oct. 10, 1997 and last revised April 4, 2014 (additions). and the architectural plans prepared by Eileen Santora, Residential Designer, sheets 1 through 4 dated 10/11/13, sheets 5 and 6 dated 10/28/2013 and sheet 7 date stamped received by the ZBA July 18, 2014. Any deviation from the survey, site plan andlor 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 variances) 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. Pagc 3 of 3—September 18,2014 ZBA File 6781—Licciardi/Pino SCTMli 1000-38-2-31 The Board reserves the right to substitute a similar design that is de rninimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Schneider, Horning, Coehringer, Dantes. Absent was: Member Weisman (Chairperson). This Resolution was duly adopted (4-0). r2A enneth Schneider, Acting Chairperson Approved for filing el-' /Z 242014