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Home My WebLink About7130 BOARD MEMBERS *QF $O(/rySouthold Town Hall Leslie Kanes Weisman,Chairperson �O l 53095 Main Road•P.O.Box 1179 � p O Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 0 yQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento IyC�U �`t.'` Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION �� q' 5 7�- MEETING OF FEBRUARY 15,2018 F E ! 2 2018 ZBA FILE# 7130 S 'thold Town-Cler& NAME OF APPLICANT: Erol Baskurt PROPERTY LOCATION: 3575 Mill Road, Peconic, NY SCTM No. 1000-67-2-12 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 November 28, 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: 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 January 22, 2018. Based upon the information provided on the LWRP Consistency Assessment Form, as well as the records available, it is recommended that that the proposed action be EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 9,112 square foot parcel located in an R-40 Zoning District. The parcel runs 53.21 feet along Mill Road(Inlet Road), 171.78 feet on the South side, 50 feet on the West side, and 192.10 feet on the North side. The parcel is improved with a one story frame house, two frame sheds, an outdoor shower, and a gazebo. All is shown on a survey prepared by Howard Young LLS last revised July 24, 2017. BASIS OF APPLICATION: Request for Variance(s)from Sections 280-124; and the Building Inspector's October 23, 2017, Notice of Disapproval based on an application for a building permit to legalize "as built" additions and alterations to an existing single family dwelling, at; 1) less than the code required minimum front yard setback of 35 feet; 2) less than the code required minimum side yard setback of 10 feet; located at: 3575 Mill Road, Peconic, NY. SCTM#1000-67-2-12. RELIEF REQUESTED: The applicant requests a variances to legalize as built additions to an existing single family dwelling which involves a deck and staircase that results in a front yard setback of 14.3 feet and a side yard setback of 7.1 feet according to the site plan prepared by Louis Schwartz, P.E., of Tide Runner Engineering and Design (Cover Sheet, Page C-1). A survey prepared by Howard W. Young, L.S. dated July 24, 2017 was also submitted, which depicts the front yard setback as 14.6 feet, and a side yard setback of 7.2 feet. The Town Code requires a minimum front yard setback of 35 feet or the applicant to meet the average front yard setback of other Page 2, February 15,2018 47130, Baskurt SCTM No. 1000-67-2-12 houses on the block. On this block the average front yard setback is 14.83 feet as indicated on a survey prepared by Howard W. Young, L.S., last revised July 24, 2017. The Town Code requires a minimum side yard setback of 10 feet. ADDITIONAL INFORMATION: The applicant has an open building permit to raise the existing house to conform to FEMA regulations. On August 11, 2017 a Certificate of Occupancy, No. 39121, was issued for "alterations (raise house) to an existing one family dwelling (with covered porch not included) for flood compliance as applied for." A letter was received from a neighbor and one neighbor appeared at the hearing, both expressing support for the requested variance. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 1, 2018 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. The neighborhood consists of single family homes on non- conforming size lots. The non-conforming side yard setback is existing. The non-conforming front yard setback is slightly less than the average setback of 14.83 feet, which can be considered de minimus. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant for the side yard variance cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Since, the side yard setback is existing, there is no reasonable way to meet the conforming setback The `as built' deck attached to the stairs aesthetically and practically contributes to the design of the home's front fagade. In calculating the neighboring average front yard setbacks, the 14.3 feet distance is deficient by approximately 5 inches(14.83 feet). 3. Town Law §267-b(3)(b)(3). The variance(s) granted herein for the front yard setback is not mathematically substantial, representing 2% relief from the code. The variance granted herein for the side yard setback is mathematically substantial representing 28% relief from the code. However,the side yard setback is existing. 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. The record indicates that two neighbors are in support of the variance request. 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. In raising the house, consistent with FEMA regulations, a staircase mandatory for access to ground level was built that included an additional 4 feet of decking for a total of 8 feet width which was added to the front of the dwelling. 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 deck attached to a mandatory staircase 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 Dantes , seconded by Member Weisman (Chairperson), and duly carried, to Page 3, February 15,2018 #7130, Baskurt SCTM No. 1000-67-2-12 GRANT the variances as applied for, and shown on a Site plan and Architectural plans prepared by Louis Schwartz, P.E., of Tiderunner Engineering and Design, dated October 9, 2015 SUBJECT TO THE FOLLOWING CONDITIONS: The front yard wood deck shall remain open to the sky. 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 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), Planamento, and Dantes(Member Acampora and Member Goehringer were absent) This Resolution was duly adopted(3-0) ca- lX. Leslie Kanes Weisman, Chairperson Approved for filing a /2018