HomeMy WebLinkAbout8077 BOARD MEMBERS ��0� SOU� Southold Town Hall
Leslie Kanes Weisman, Chairperson ,`O t, 53095 Main Road•P.O. Box 1179
Patricia Acampora Southold,NY 11971-0959
Robert Lehnert,Jr. N Office Location:
Nicholas Planamento • �OQ Town Annex/First Floor
Margaret Steinbugler C�U N 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
RECEIVED
http://southoldtownny.gov + Jilfa(J (9 2:GC2.Tm
ZONING BOARD OF APPEALS EB 5 2026 1
TOWN OF SOUTHOLD
Tel. (631)765-1809
Southold Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY 19,2026
ZBA FILE No.: 8077
NAME OF APPLICANT: BKM Properties of Shoreham,Inc.
PROPERTY LOCATION: 7600 Main Road,East Marion,NY SCTM No. 1000-31-6-11
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 not required to be referred to the Suffolk
County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23.
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 17,388.58 sq. ft. non-conforming lot located in an
R-40 Zoning District. The property has a frontage along NYS Route 25 of 122.48 feet, then it turns southeast for
143.43 feet.,then turns southwest along the rear property line for 130.00 feet before returning northwest 133.35 feet
back to NYS Route 25. The property is improved with an existing two-story residence. Additionally,there are three
sheds in the rear yard, two of which are in conforming locations. All'as shown on survey prepared by Jason D.
Leadingham, L.S., last revised on October 23, 2025 and received on October 30, 2025.
BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15;Article XXIII, Section 280-
124; and the Building Inspector's October 21, 2025 Notice of Disapproval based on an application for a permit to
construct additions and alterations to a two family dwelling and legalize an accessory shed; at: 1)dwelling less than
the code required minimum front yard setback of 35 feet; 2) shed less than the code required minimum rear yard
setback of 5 feet;at: 7600 Main Road,East Marion,NY. SCTM#1000-31-6-11.
RELIEF REQUESTED: According to the Building Inspector's Notice of Disapproval, a variance should be sought
to maintain the front yard setback of 23.7 feet where a minimum of 35 feet is required, however,the survey depicts
a front yard setback of 23.3 feet from-the front edge of the deck that was rebuilt in-kind. A variance is also required
for an accessory shed located in the rear yard with a rear yard setback of 4.9 feet where a minimum of 5 feet is
required.
ADDITIONAL INFORMATION: As per testimony from the applicant, there is currently a project proceeding on
the site under building permit#51471,dated December 12,2024. During the course of construction,the front decking
was found to be rotten and unsafe, and needed to be replaced. The applicant replaced the existing wood decking in-
Page 2,February 19,2026
98077,BKM Properties
SCTM No. 1000-31-6-11
kind,and during a framing inspection it was deemed a variance would be required. During this process, it was found
that one of the sheds was too close to the rear property line by mere inches.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on February 5,2026,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 variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. Due to the nature of the work done on the house, there has
been no change to any of the setbacks from what has existed for years on the site. The work in question is a simple
decking replacement that was done in-kind, and the shed has not been moved for many years since its construction.
Therefore there will be no undesirable change in the character of the neighborhood.
2. Town Law 4267-b(30)(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 residence exists, and the current front
deck already exists legally,but with a front yard setback less than allowable,therefore any work done would require
an area variance. The shed in the rear yard has been in this location for many years and moving it for less than a foot
would most likely compromise the structure.
3. Town Law 4267-b(3)(b)(3). The variance for the front deck granted herein is mathematically substantial,
representing a 33.4% relief from the code. The variance for the accessory shed rear yard setback is not
mathematically substantial,only representing a 2%relief from the code. However,the front deck already exists,and
the project in question is merely a replacement in-kind of the existing deck. The accessory shed is within inches of
conforming and moving it would cause more damage to the structure than leaving it in place.
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 adequate to enable the
applicant to enjoy the benefit of a front deck and accessory shed 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 Lehnert,seconded by Member Planamento,and duly carried,
to
GRANT the variances as applied for a 23.3 foot front yard setback for the proposed construction of the single family
dwelling, and a 4.9 foot rear yard setback for the existing accessory shed.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The applicant shall submit a revised dated, signed and sealed Site Plan and Architectural Plans depicting a
front yard setback of 23.3 feet from the front edge of the repaired deck.
Page 3,February 19,2026
#8077,BKM Properties
SCTM No. 1000-31-6-11
2. The applicant must apply to the Building Department for a building permit for the "as built"
improvement(s)within 90 days of the date of this decision and submit same to the Office of the Zoning
Board of Appeals,or submit a written request for an extension to the Board of Appeals setting forth the
reason(s)why the applicant was unable to obtain a building permit in the time allotted.
3. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built"
improvement(s)and submit same to the Office of the Zoning Board of Appeals within 12 months of this
decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)
why the applicant was unable to obtain a Certificate of occupancy in the time allotted.
This approval shall not be deemed effective until the required conditions have been met.At the discretion of the
Board of Appeals,failure to comply with the above conditions may render this decision null and void.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued
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, provided de minimis relief is requested within one year of the date of
this decision. Any time after one year,the Board may require a new application.
IMPORTANT LIMITS ON THE APPROVALS)GRANTED HEREIN
Please Read Carefully
Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding
the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department
of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public
hearing before the Zoning Board of Appeals.
Any deviation from the variances)granted herein as shown on the architectural drawings,site plan and/or survey
cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted
herein, are not authorized under this application when involving nonconformides 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.
TIME LIMITS ON THIS APPROVAL: 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.IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH
THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner
may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved
variance relief,and require a new variance application with public hearing before the Board of Appeals.
Vote of the Board: Ayes: Members Weisman(Chairperson),Planamento,Acampora,Lehnert,and Steinbugler. (5-0)
Aesliees Weisman, Chairperson
Approved for filing ;V /2026