The URL can be used to link to this page

Home My WebLink About6782 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��OF SO Southold 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 IL Eric Dantes L Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �O� 54375 Main Road(at Youngs Avenue) Kenneth Schneiderleou 11 1 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD a'H�� //-d'(p C,.-- Tel.(631) 765-1809• Fax (631)765-9064 outhoI Tow -te r k, FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 18, 2014 ZBA Application No.: SE 6782 Applicants/Owners: Catherine Pino and Joseph Liccaiardi Property Location: 50 Cleaves Pt. Road (adj. to Orient Harbor), East Marion,NY SCTM#1000-38-02-31 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 11 category of the State's List of Actions, without further requirements 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-commtmity 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. REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13) to establish an Accessory Apartment in an existing accessory structure. PROPERTY FACTS/DESCRIPTION: The subject property contains 26321 square feet with 100 feet along Cleaves Point Rd. Road. The property is improved with a single-family two-story residence and a one story accessory structure as shown on the survey by John T. Metzger, L.S. dated Oct. 10, 1997 and last revised April 4, 2014 (Additions). The accessory structure has a(CO) of record dated 3/30/1984 under Certificate of Occupancy#12398, corrected 7/16/14 to add non-habitable accessory structure, confirming that the accessory structure was built prior to January 1, 2008 or the applicant has proved that the accessory structure was eligible for a CO prior to January 1, 2008. FINDINGS OF FACT: The Zoning Board of Appeals held a public hearing on this application on Sept. 4, 2014, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and the surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant. In considering this application, the Board has reviewed the code requirements set forth pursuant to Article Page 2 ol'3—September 18,2014 LI1A File 6782—Pino/Liccaiardi SC'I'M#1000-38-2-31 Ill, Section 280-13(B)(13) to establish an Accessory Apartment in an Accessory Structure and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment unit will be located on the first floor of the accessory structure with an area of 575 square feet of livable floor area in conformity as proposed, as described and shown on the floor plan by Eileen Santora dated 5-7-14, and as confirmed by the Building Inspector in a memorandum titled "Verification of Livable Floor Area" dated 7/21/2014 and received by the Board of Appeals on July 21, 2014. 2. The dwelling unit complies with the definition of same in §280-4 of the code and complies with the code requirements as defined in Section 280-13(B)(13) of the Zoning Code. The owner confirms that the accessory apartment shall not contain less than 450 sq. feet nor will the accessory apartment exceed 750 square feet of livable floor area, all on one floor with only one full bathroom. 3. The applicant herein, owns and resides at the property and will continue to occupy the single-family dwelling as a principal residence in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)0, 1-4), and as documented by a notarized affidavit, Driver's Licenses and PSEG Utility Biu. 4. The occupants of the accessory apartment will be either a family member or a resident who is currently on the Southold Town Affordable Housing Registry, and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)(j, 1- 4). Iolanda Pino, the renter, is the mother of Catherine Pino, as documented by each of their driver's licenses and a letter stating the same dated July 16, 2014 submitted by the applicants. 5. The owners' plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, two for the principal use and one for the Accessory Apartment, utilizing the existing driveway areas, as shown on the site plan or survey by John T. Metzger, LLS., dated October 10, 1997, last revised September 9, 2014. 6. Only one accessory apartment will be on the subject property and no Bed and Breakfast facility, as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 7. This conversion is/shall be subject to a building permit, inspection by the Building Inspector, and annual renewal of the Certificate of Occupancy. REASONS FOR BOARD ACTION DESCRIBED BELOW: 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: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the Accessory structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 4)The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5)No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. Page 3 of 3—September 18,2014 ZBA File 6782—Pino/Liccaiardi SC"I'M#1000-38-2-31 BOARD RESOLUTION: On motion by Member Schneider, seconded by Member Horning, it was RESOLVED, to GRANT a Special Exception for an Accessory Apartment, in the existing Accessory Structure, as applied for. SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Special Exception Permit requires an annual inspection by a Code Enforcement Officer from the Building Department. It is the applicant's responsibility to contact the Building Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. NOTE: This Special Exception permit cannot be transferred to new owners. Any deviation from the survey, site plan and/or architectural drawings cited in this decision, may 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 violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. Vote of the Board: Ayes: Members Schneider, Horning Goehringer, Dantes. Absent was: Member Weisman (Chairperson). This Resoluti was duly adopted(4-0). enneth Schneider ting Chairperson Approved for filing 7 /2Z--�2014