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Home My WebLink About6949 I, � BOARD MEMBERS ,i�''®� so's _ Southold Town Hall Leslie Kanes Weisman,Chairperson to••�� y® ` 53095 Main Road•P.O.Box 1179 ,`® ® Southold,NY 11971-0959 Eric Dantes ; iffp Office Location: Gerard P.Goehringer ` Town Annex/First Floor,Capital One Bank George Horning �® �®0�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider =�yc®U �� i�� Southold,NY 11971 http://southoldtown.northfork.net :'.;` CEI ED _ ZONING BOARD OF APPEALS �- 1- �''' ; / TOWN OF SOUTHOLD AY 2 5 20JE .rx, Tel.(631)765-1809•Fax (631)765-9064utha (/ , old Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MAY 19,2016 ZBA FILE 6949 NAME OF APPLICANT: Gerard and Trisha Poole PROPERTY LOCATION: 3493 Ole Jule Lane, Mattituck,NY SCTM# 1000-122-05-22.1 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: Pursuant to the Suffolk County Administrative Code Sections A 14-14 to 23,referral of this application to the Suffolk County Department of Planning is not required. 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 subject parcel measures 26,241.51 square feet in the R-40 District. The parcel is an interior lot having access from a 25 foot wide Right of Way from Ole Jule Lane. The northerly lot line measures 103.11 feet along residential parcels, the easterly lot line measures 124.78 feet along a residential parcel, and southerly line measures 118.73 along the 25 feet Right of Way; The westerly lot line measures 145.10 along residential parcels. The parcel is improved with a one story frame house as shown on the survey prepared by Nathan Taft Corwin III, L.S. dated November 11, 2003, as well as a site plan prepared by Elizabeth Thompson, Architect, dated March 24,2016. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's February 17, 2016 Notice of Disapproval based on an application for building permit to construct an addition to existing single family dwelling, at; 1) less than the code required front yard setback of 40 feet, located at: 3493 Ole Jule Lane Mattituck,NY. SCTM#1000-122-5-22.1. RELIEF REQUESTED: The applicant requests a variance to construct a 90 square foot one story addition, to the existing dwelling, having a 21 foot front yard setback where the code requires a minimum of 40 feet, as shown on the Site Plan, sheet#1, prepared by Elizabeth Thompson,R.A., dated March 24, 2016. 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#6949—Poole SCTM# 1000-122-5-22.1 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 proposed 90 square foot one story addition is small and will not be seen from Ole Jule Lane. All of the properties adjacent to the subject flag lot are oriented so that their rear yards face the subject property, while the proposed addition will be setback from what is effectively the applicant's driveway. 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 existing floor plan of the dwelling dictates the proposed location of the addition as the most feasible. The dwelling exists at a non-conforming 24.7 foot front yard setback at the location of the proposed addition; consequently, requiring a variance for the proposed addition. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 48%relief from the code. However, the proposed addition is small at 90 square feet and the setback is to a Right of Way that is presently being used exclusively by the applicant and will not affect adjoining properties. 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 one story addition, 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 Schneider, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the variance as applied for, and shown on the architectural drawings prepared by Elizabeth Thompson, R.A., sheet#'s 1,2,3,4,& 5 all dated March 24,2016. 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. 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 Page 3-May 19,2016 ZBA File#6949—Poole SCTM# 1000-122-5-22 1 (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). I - 1r9(4k 670,eyneut, Leslie Kanes Weisman, Chairperson Approved for filing 5/46 /2016