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Home My WebLink About6948 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson oii # soot53095 Main Road•P.O.Box 1179 , 4 Southold,NY 11971-0959 Eric Dantes sigR, Office Location: Gerard P.Goehringer %` G ,% Town Annex/First Floor,Capital One Bank George Horning . � 54375 Main Road(at Youngs Avenue) Kenneth Schneider ®�yc®U � ,i�� Southold,NY 11971 9 � http://southoldtown.northfork.net R CEDE` c=4- 0 , Ii / ZONING BOARD OF APPEALS MAS 2 5 20 wita TOWN OF SOUTHOLDetted 5 e Tel.(631) 765-1809 •Fax(631)765-9064 ugh®Id Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MAY 19,2016 ZBA FILE: 6948 NAME OF APPLICANT: Christopher P. Wright PROPERTY LOCATION: 2775 Bray Avenue, Laurel,NY. SCTM#1000-126-9-13.4 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. 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 applicant's property is an irregularly shaped, non-conforming 8,799 sq. ft. parcel in the R-40 zone. The northerly lot line measures 138.61 feet along another residential parcel. The easterly lot line measures 50.43 feet, and the southerly lot line measures 152.92 feet along other residential parcels. The westerly lot line measures 74.38 feet along Bray Ave. The parcel is improved with a two story dwelling with deck and stone patio, and an accessory shed, as shown, with proposed dormer additions, on the survey drawn by Pat T. Seccafico, Professional Land Surveyor, PC, dated Nov. 3, 2006, and the site plan drawing No. 1 of 1 dated Jan. 2,2016,prepared by Donald G Feiler, Architect. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's January 20, 2016 Notice of Disapproval based on an application for building permit to construct additions and alterations (dormers) to an existing single family dwelling, at; 1) less than the code required front yard setback of 35 feet. RELIEF REQUESTED: The applicant requests a variance to construct two second story dormer additions on the front of the dwelling with a front yard setback of 27 feet where 35 feet is requited by code. ADDITIONAL INFORMATION: The applicant's file contains a copy of a Pre- CO #Z11461, dated Jan 31, 1983, and issued for a single family dwelling that was constructed prior to April 23, 1957. The existing dwelling has a front yard setback of 24.1 feet. The file contains copies of several front yard setback variances granted by the ZBA to properties in the neighborhood. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 5, 2016, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and Page 2-May 19,2016 ZBA File#6948—Wright SCTM# 1000-126-9-13.4 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 neighborhood consists of numerous non-conforming sized parcels, and structures with non-conforming setbacks. The existing setback of the pre-existing dwelling is 24.1 feet, and the additional dormers will have an increased setback of 27 feet. The proposed additions will improve the visual appearance of the dwelling from the street 2. Town Law 4267-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 pre-existing dwelling was constructed before the introduction of zoning code, and has a front yard setback of 24.1 feet, so any construction on the front of the structure requires the grant of a variance. 3. Town Law$267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 23%relief from the code. However, the existing dwelling has a front yard setback of 24.1 feet, and the proposed dormers will have an increased setback of 27 feet. There is no change to the existing building footprint. 4. Town Law 4267-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 4267-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 two second story dormers with non-conforming front yard setbacks, 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-B, motion was offered by Member Horning, seconded by Member Dantes, and duly carried,to GRANT the variance as applied for, and shown on the survey drawn by Pat T. Seccafico, Professional Land Surveyor, PC, dated November 3, 2006, and the site plan drawing No. 1 of 1 dated January 2, 2016, prepared by Donald G. Feiler,Architect 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. Page 3-May 19,2016 ZBA File#6948—Wright SCTM#1000-126-9-13 4 Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning, Goehringer. This Resolution was duly adopted(5-0). aalc,,,,ii.,- (- Leslie Kanes Weisman, Chairperson Approved for filing 5—/ r /2016