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HomeMy WebLinkAbout8068 BOARD MEMBERS ��oF so�ryo Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O 01 0 53095 Main Road•P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert,Jr. va Office Location: Nicholas Planamento • �OQ Town Annex/First Floor Margaret Steinbugler C�U 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel. (631)765-1809 A`P - 7�2026 FINDINGS, DELIBERATIONS AND DETERMINATION U MEETING OF APRIL 2, 2026 Southold Town Clerk ZBA FILE No.: 8068 NAME OF APPLICANT: BMB Homes Inc. /Marianna August PROPERTY LOCATION: 1900 Gillette Drive, East Marion,NY SCTM# 1000-38-2-20 SEORA 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 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 lot is an 10,500 square foot parcel located in an R-40 Zoning District. The property has a road frontage of 105.00 feet along Gillette Drive,then it turns northeast for 100.00 feet to the rear lot line,where it turns northwest for 105.00 feet before returning 100.00 feet back to Gillette Drive. The property is improved with an existing two-story residence built under permit #51237 and an accessory swimming pool constructed under permit #51238. All as shown on Survey prepared by Joshua R. Wicks, LS, last revised September 17, 2025. The as-built rear deck and front covered porch are the subject of this application. BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's September 16, 2025 Notice of Disapproval based on an application for a permit to legalize `as built' alterations to a single family dwelling; at: 1) less than the code required minimum front yard setback of 35 feet; 2) less than the code required minimum rear yard setback of 35 feet; located at: 1900 Gillette Drive,East Marion,NY. SCTM No. 1000-38-2-20. RELIEF REQUESTED: The applicant requests variances for the following: 1. A front yard setback of 30 feet where a 35 feet minimum is required. 2. A rear yard setback of 32 feet where a 35 feet minimum is required. ADDITIONAL INFORMATION: The application included architectural plans titled "Proposed Two Story Residence 1900 Gillette Drive, East Marion," pages 1-7, prepared by Robert James Higgins, Architect, dated June 10, 2024 with pages 4-6 last updated Page 2,April 2,2026 98068,BMB Homes,Inc. SCTM No. 1000-38-2-20 September 19, 2025. Page 4 of these plans depicts a finished basement with a fifth bedroom, a full bathroom, and a wet bar. During the public hearing on December 4, 2025, the applicant's agent testified that the as-built porch was built without the benefit of a building permit. When asked if the as-built porch was subject to an amendment to the Building Permit plans,he stated that it was just built,and that the owner would apply for a variance. The applicant's agent was asked to return with the original building plans that were filed with the Building Department, sky plane diagrams, evidence of lot coverage compliance, prior ZBA decisions that had granted comparable variance relief in the immediate neighborhood, and an amended plan to bring the project into more conformity with the code. At the March 5, 2026 public hearing the applicant's agent returned to the Zoning Board of Appeals for a second public hearing without any of the information the Board had requested and again suggested that the Board should approve the variances. The applicant's agent was asked again to provide the architectural plans originally used to apply for the building permit; and to complete the area variance application by providing more information in the Reasons for Appeal section which repeatedly stated that the requested relief was justified because the front porch and rear yard deck are "already built." In addition, the agent was asked to submit prior comparable variance relief granted in the immediate area; to submit documentation showing lot coverage compliance; to submit a sky plane diagram showing compliance; to provide site plans showing how the house and pool were originally designed to conform to the building permit; and to indicate the plan for handling the wastewater from the outdoor shower. On March 18,2026 the applicant provided a sky plane diagram demonstrating compliance and a survey prepared by Joshua R. Wicks,L.S., last revised January 8, 2026, showing compliant lot coverage of 20%. On March 25, 2026 the applicant provided the original architectural plans that were associated with the Building Permit application,prepared by Robert James Higgins,Architect, dated June 10,2024. Page 4 of these architectural plans depicts an unfinished basement with no plumbing fixtures. The last page of these plans identified as Page 1/1, dated January 6, 2025 and identified by the Building Department on January 24, 2025 as an amendment to the Building Permit, depicts a finished basement with a recreation room, a gym, a full bathroom, and a wet bar. No basement bedroom is depicted. The revision to those plans dated 9/19/2025 page 4(labeled Foundation Plan)shows a finished basement with wet bar, full bathroom and a space labeled "bedroom #5". The Board also reviewed a survey prepared by Kenneth H. Beckman, L.S., last updated October 3, 2024, depicting a conforming rear yard setback of 36 feet to an open stoop and a conforming front yard setback of 35 feet to a covered stoop. A rear deck with a non-conforming rear yard setback and a house-width covered front porch with a non-conforming front yard setback are not depicted. Also submitted to the Building Department in association with the applicant's Building Permit Application is a Suffolk County Department of Health Services Permit for construction of a single-family residence with a maximum of four(4)bedrooms. The applicant's agent was unable to access the Town's Laserfiche record. Consequently, ZBA staff provided the Board members with examples of prior variance relief in the subject neighborhood as requested. Moreover,the agent failed to provide a plan for handling the wastewater from the as built outdoor shower. Nor did he provide any additional written or verbal information addressing the Town Laws the Board must use in applying the required Balancing Test to determine if relief should be granted or denied (Reasons for Appeal section of the ZBA application). FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on December 4, 2025 and March 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: Page 3,April 2,2026 #8068,BMB Homes,Inc. SCTM No. 1000-38-2-20 1. Town Law 4267-b(3)(b)(1). Grant of the rear yard setback variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Although it is not clear how the nonconforming rear yard covered deck was built instead of the smaller open stoop depicted in the original survey, its visual impact is mitigated by its rear yard location; further there is existing fencing along both side yards, and the rear yard faces agricultural property currently planted in evergreen trees. Grant of the front yard setback variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The survey associated with the Building Permit application showed the house and pool located within the allowable setbacks. It appears the owner or builder decided to construct a porch on the front of the house contrary to the issued building permit and possibly knowing it violated the front yard setback. It is the policy of this Board to avoid granting variances on new construction when compliant original plans are possible, as is the case with this application. The front addition to the house now violates the zoning code in contrast to the vast majority of homes in the neighborhood: only three front yard setback variances have been granted in this neighborhood, and none were for new construction, and none spanned the full width of the house, as in this application. The most recent front yard setback variance granted was in 2011, with the prior two granted in 2006 and 1987.Clearly the practice has been to maintain code-compliant front yard setbacks in this area. The Board finds that the front yard setback variance sought will cause an undesirable change in the character of the neighborhood. 2. Town Law 4267-b(3)(b)(2). The benefit of a covered rear deck cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The house was built at the rear yard setback line, and any deck addition would require a variance. The benefit sought by the applicant of having a covered front entry can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant chose to build the full-width front porch addition without the benefit of a permit, and there are means available to bring the house into more conformity with the code, such as removing the house-width front porch and establishing a covered front stoop,consistent with the plans submitted to the Building Department and conforming to the code. 3. Town Law 4267-b(3)(b)(3). The rear yard variance applied for herein is modest,representing 8.6%relief from the code,and the nonconforming setback's visual impact is mitigated by its rear yard location;further there is existing fencing along both side yards and the rear yard faces agricultural property. The front yard setback is mathematically substantial,representing 14.3%relief from the code. The as-built front porch is of frame construction,which is easily removed, and permitted covered front steps can be built in its place as shown in the original architectural plans prepared by Robert James Higgins,Architect,dated June 10,2024 and approved by the Building Department and in compliance with Town Code. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that the rear yard setback variance in this community will have an adverse impact on the physical or environmental conditions in the neighborhood. Evidence has been submitted to suggest that the front yard setback variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The front porch's placement is noticeably out of character with nearby homes and there are no practical means in keeping with the neighborhood character to mitigate the visual impact of this noncompliance. 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 V67-b. Grant of the requested rear yard setback relief is the minimum.action necessary and adequate to enable the applicant to enjoy the benefit of a modest covered rear deck while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. Grant of the requested front yard setback relief is NOT the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a covered front entrance,while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 4,April 2,2026 #8068,BMB Homes,Inc. SCTM No. 1000-38-2-20 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 Steinbugler,and duly carried, to GRANT the rear yard setback variance relief of 32 feet, as applied for, and shown on the survey drawn by Joshua Wicks,Land Surveyor, last revised September 17,2025. DENY the front yard setback variance as applied for. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall submit to the Zoning Board of Appeals two sets of the revised signed and sealed Survey and Architectural Plans depicting the granted relief. 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. 4. The applicant must apply to the Suffolk County Department of Health Services for a permit for an onsite wastewater treatment system sized for at least five bedrooms and install the same. 5. The "as built" improvement(s)may not be used until a Certificate of Occupancy has been obtained. 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 APPROVAL(S) 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 variance(s)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 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. Page 5,April 2,2026 #8068,BMB Homes,Inc. SCTM No. 1000-38-2-20 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) Les ie Kanes Weisman hairperson Approved for filing / /2026