HomeMy WebLinkAbout6688 BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson ®��®f_�_®�r�®1 53095 Main Road•P.O.Box 1179
_ t ® Southold,NY 11971-0959
Patricia Acampora - �: Office Location:
Eric Dantes Town Annex/First Floor,Capital One Bank
Gerard P.Goehringer 54375 Main Road(at Youngs Avenue)
Nicholas Planamento ig��®���'� Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD RECEIVED
Tel.(631)765-1809 •Fax(631)765-9064 �� �'a3t 41,
FINDINGS,DELIBERATIONS AND DETERMINATION +Sohold
MEETING OF MAY 18,2017 s
To Clerk
ZBA FILE: 6688
NAME OF APPLICANT: Suzanne S Coleman
PROPERTY LOCATION: Montauk Avenue,Fisher's Island,NY SCTM No. 1000-9-2-15
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 September 11, 2013 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: 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 property is a non-conforming 56,483 sq. ft. parcel located in
the R-80 Zoning District. The parcel measures 289.91 feet along the easterly property line, measures 162.40 feet
along the southerly property line as it fronts Montauk Avenue, measures 356.45 feet along the westerly property
line, and 214.32 feet along the northerly property line. The parcel is currently improved with a single family
dwelling surrounded by a wood deck, a two story pool house, an in-ground swimming pool, a gazebo, a shed and a
tennis court as shown on a standard subdivision plan prepared by Richard H. Strouse, L.S., dated December 16,
2014.
BASIS OF APPLICATION: Request for Variances from Article III Code Section 280-15 and March 8, 2017
Notice of Disapproval based on an application for building permits for the construction of an "as built" in-ground
swimming pool and to legalize an "as built" gazebo, at; 1) "as built" in-ground swimming pool in a location other
than the code required rear yard, 2) "as built"gazebo in a location other than the code required rear yard, located at:
No#Montauk Avenue, Fisher's Island,NY. SCTM#1000-9-2-15.
RELIEF REQUESTED: The applicant requests variances to legalize an "as-built" in-ground swimming pool, and
an"as-built" gazebo, both located in the side yard instead of the permitted rear yard.
AMENDED APPLICATION: On March 4, 2013 (renewed August 13, 2013)the Notice of Disapproval indicated
that relief was required for the in-ground swimming pool and the gazebo located in the side yard, but also required
rear yard and side yard setback relief for the existing pool house since it was converted from a shell only, as
Page 2, May 18, 2017
#6688, Coleman
SCTM No. 1000-9-2-15
described in the certificate of occupancy dated July 26, 1986, to conditioned space. The amended Notice of
Disapproval dated January 2, 2014 detailed relief required for the swimming pool and gazebo in the side yard, as
well as minimum accessory setback requirement for the pool house. The Notice of Disapproval was amended and
renewed on July 29, 2015 which eliminated the need for variances related to the pool house (see additional
information below). The most recent Notice of Disapproval dated March 8, 2017 denied building permits for both
the "as-built" swimming pool and"as built"gazebo.
ADDITIONAL INFORMATION: An accessory shed in the front yard received Zoning Board relief in 1982 and
the owner was issued a building permit, but no certificate of occupancy was obtained. The Board requested that
the applicant complete the process with the Building Department. According to researched history of the property,
the swimming pool was also issued a building permit in error on June 24, 1988. When a site inspection was
conducted by the Building Inspector on March 30, 2017 at the request of the Board of Appeals, he informed the
Board that a full bath had been removed and the pool house now contains two half baths, and it currently being
used for storage. .
Several hearings were held regarding this application. The first hearing was held on October 3, 2013, but was
adjourned to December 5, 2013 and February 6, 2014. During the three hearings, both the applicant and
applicant's representative gave testimony. The matter was adjourned to the Special Meeting of February 20, 2014
and then adjourned without a date. The applicants pursued a lot line modification/subdivision in conjunction with
purchasing 750 sq. ft. of land from the adjacent lands owned by the Fishers Island Utility Company. This
transaction resulted in changing the lot lines to a conforming setback from the as built pool house. A final public
hearing before the Zoning Board was held on May 4, 2017.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on May 4, 2017, 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 variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. Swimming pools and related accessory gazebos are typical
accessories to residential properties in the area and on Fishers Island, in general. The as built pool and gazebo are
setback more than 175 feet from Montauk Highway and the adjacent property to the west is non-residential. Both
structures have existed in their current locations since approximately 1988 without adverse impact.
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 area variances. The pool cannot be practically removed from its non-
conforming location and moving the gazebo to a conforming rear yard would eliminate its function as an accessory
to the swimming pool.
3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 100%
relief from the code. However, the parcel is irregularly shaped and the dwelling is sited at an angle to the street
with a front yard setback of more than 170 feet thereby creating a large westerly side yard and front yard and a very
small and awkwardly shaped rear yard with little room for typical residential accessory structures such as pools and
tennis courts.
Page 3, May 18, 2017
#6688, Coleman
SCTM No. 1000-9-2-15
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 shares rear and side property lines with non-residential properties which will not adversely be affected by
the existing placement of accessory structures. 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 V67-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a gazebo and a swimming pool located in the side yard 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 Goehringer, seconded by Member Dantes, and duly
carried,to
GRANT the variances as applied for, and shown on a standard subdivision plan prepared by Richard H. Strouse,
L.S., dated December 16,2014.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The pool house on the subject property shall not be used as habitable space; no sleeping or cooking
in the structure is permitted.
2. A Certificate of Occupancy for the shed in the front yard shall be obtained from the Building
Department
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
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
(3)years from the date such variance was granted. The Board of Appeals may, upon written
Page 4, May 18, 2017
#6688, Coleman
SCTM No. 1000-9-2-15
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 Dante, Goehringer and Planamento. (Chairperson Weisman and Member
Acampora were absent). This Resolution was duly adopted(3-0).
Eric Dantes,Vice-Chair
Approved for filing 512-2-/2017