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Home My WebLink About6783 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SO 53095 Main Road•P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 � � Office Location: Gerard P.Goehringer C, Town Annex/First Floor,Capital One Bank George Horning • �O� 54375 Main Road(at Youngs Avenue) Kenneth Schneider ��u'OUNTY, Southold,NY l 1971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 014 kled, RECEIVED Tel.(631) 765-1809 •Fax(631)765-9064 Q S .thold Tow Jerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 18,2014 ZBA FILE# 6783 NAME OF APPLICANT: Janet van Adelsberg SCTM#1000-86-1-9.5 PROPERTY LOCATION: 4297 Wells Road (adj. to Richmond Creek)Peconic,NY 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The property is a code conforming 2.6229 acre waterfront parcel located in an R-80 zone district. The parcel has 393.04 feet of frontage on Richmond Creek. The parcel runs 325.19 feet on the North side, 368.66 feet on the East side, and 380.07 feet on the South side. The parcel is a flag lot. The property is accessed by a gravel driveway which leads to Wells Road. The property is a developed parcel with a 2 story frame residence, an accessory frame garage, and a wood dock. A large section of the property is a wooded area. All is shown on a survey by Frank Barylski, L.L.S. dated September 10, 2013, last revised 9-10-2014. BASIS OF APPLICATION: Request for Variances from Article III Section 280-15 and the Building Inspector's July 16, 2014 Notice of Disapproval based on an application for building permit to construct accessory shed and in- ground swimming pool, at; 1) proposed location other than the code required rear yard. RELIEF REQUESTED: The applicant requests a variance to construct a swimming pool partially in the side yard and to construct a storage shed in a side yard. Code requires that accessory buildings and structures or other accessory uses shall be located in the required rear yard or in the case of water front properties a front yard location meeting the principal setback. Page 2 of 3—September 18,2014 ZBA File 6783—vanAdelsberg SCTM#1000-86-1-95 ADDITIONAL INFORMATION: A site inspection showed that the land east of the applicant is a farm. The applicant only has one neighbor on Southern side. 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 not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The lot is a flag lot which is not visible from any public; road. The neighbor to the South has plantings which provide screening between the propel-ties. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could build the swimming pool and the shed into code conforming rear yard or front yard locations. However, if the applicant moved the pool and shed to a code conforming rear yard location, the pool and shed would be closer to the wetlands than its proposed location. If the pool and shed were moved to a code conforming front yard location it would require a 60 foot front yard setback which would place them 10 feet from the dwelling and in the area of the existing septic system or driveway. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 1001/o relief from the code. However, the proposed pool and accessory shed are located as far away from the wetlands as is practicable. 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 the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool and shed 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 Dames, seconded by Member Goehringer, and duly carried, to GRANT, the variances as applied for, and shown on the survey by Frank Barylski, L.L.S. dated September 10, 2013 and last revised September 10, 2014, and the 14' X 20' shed plans four pages date stamped received by ZBA on Sept. 4, 2014. Subject to the following conditions; CONDITIONS: 1. Pool mechanicals shall be placed in a sound deadening enclosure. 2. Drywell for pool de-watering shall be installed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 3 of 3—September 18,2014 Z BA File 6783—vanAdelsberg SCTM#1000-86-1-9.5 Any deviation fi"om 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 nonconformilies 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, Goehringer, Dantes. Nay: Member Horning. Absent was: Member Weisman (Chairperson). This Resolu ' was d ly adopted (3-1). Ke neth Schneider, Acting Chairperson Approved for filing I /Z Z,,/2014