The URL can be used to link to this page

Home My WebLink About7053 BOARD MEMBERS ®f so Southold Town Hall Leslie Kanes Weisman,Chairperson �� ® 53095 Main Road s P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer a 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoO Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809.Fax(631)765-9064 PAY C LVED FINDINGS,DELIBERATIONS AND DETERMINATION 2 4 2017 MEETING OF MAY 18,2017 Sou old Town Clerk ZBA FILE: 7053 NAME OF APPLICANT: Gary & Robin Ennis PROPERTY LOCATION: 2450 Jackson Street(aka 265 Second Street)New Suffolk SCTM#1000-117-10-21 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 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 March 6, 2017 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 applicant's property is a non-conforming 7,199 square feet corner parcel in R-40 Zoning District. The principal fapade is located on the northern lot line, along Jackson Street, and measures 100 feet; the-secondary fagade is along the eastern lot line, shared with Second Street, and measures 72 feet. The southern lot line is 100 feet and adjoins a residentially developed parcel. The western lot line runs 72 feet and adjoins another residence The site is improved with a one and half-story,wood frame residential structure of approximately 987 square feet with a garage located below it (accessed via Second Street) as shown on the survey prepared by Steven J. Williard,L.S.,dated September 15, 2016 and revised May 8, 2017. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's February 7, 2017 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling, at: 1) less than the code required minimum front yard setback of 35 feet; at: 2450 Jackson Street(AKA 265 Second Street),New Suffolk,NY. SCTM#1000-117-10-21. RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing single family dwelling that will result in a front yard setback on Jackson Street of 10.8 feet where Code requires 35 feet. ADDITIONAL INFORMATION: When asked whether the subject residence had a Pre-Certificate of Occupancy or not, the applicant shared the history of the house and family ownership, indicating it was built prior to 1957 and did not have a Certificate of Occupancy. The applicant added that they will immediately apply with the Town Page 2,May 18,2017 #7053,Ennis SCTM No. 117-10-21 Building Department for a Pre-Certificate of Occupancy on the existing residence prior to any construction relative to the application,and issuance of Certificate of Occupancy.for those improvements. It is also noted that no person spoke against this application. 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 4267-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. Jackson and Second Streets consist of mixed housing styles on irregular-shaped and non-conforming sized lots, many of which were developed prior to zoning with setbacks similar to the applicant's. Additionally, while Jackson Street is noted for many larger and waterfront parcels further to the west, the applicant's property is in close proximity to the hamlet center and overlooks a public park, beach and parking lot. The proposed addition is on the western fagade facing another residence. After construction, the side yard lot line will be 46.9 feet away, where the Code requires a total of 25 feet for both sides, and will have little to no visual impact on the community. 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 applicant's lot is a small,rectangular, non-conforming lot with two front yards as a result of corner location. The applicant's addition is proposed in the only logical location based on the existing floor plan, on-site waste water treatment and proposes to maintain the existing 10.8 feet non-conforming front yard setback along Jackson Street. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 70% relief from the code. However, the residence was built prior to zoning and the site has never been granted relief by this Board. Additionally, the applicant cannot seek relief in any other location as a result of having two front yards,the location and placement of sanitary systems and the applicant proposes to maintain the setback as part of their application. 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 4267-b. Grant of the requested relief is the minimum action necessary and to enable the applicant to enjoy the benefit of an expanded single family residence 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 Planamento, seconded by Member Goehringer, and duly carried,to GRANT the variance as applied for, and shown on the survey prepared by Steven J. Williard, LS, dated September 15, 2016 and revised May 8, 2017 and architectural drawings prepared by Eileen Santora, Residential Designer and stamped by Condon Engineering,PC dated January 9, 2017 and revised January 18, 2017. Page 3,May 18,2017 #7053,Ennis SCTM No. 117-10-21 SUBJECT TO TH FOLLOWING CONDITION: Applicant shall obtain a Pre-Co for the single family dwelling prior to issuance of a Certificate of Occupancy. 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 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). a�'. �� Eric Dantes, Vice-Chair Approved for filing $ / /2017