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Home My WebLink About8130 BOARD MEMBERS ��OF SOUj�o Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. cn Office Location: Nicholas Planamento • �OQ Town Annex/First Floor Margaret Steinbugler Oli,'CO� 54375 Main Road(at Youngs Avenue) + Southold,NY 1 RECI` a http://southoldtownny.gov �• �� ZONING BOARD OF APPEALS AUG 1 O ' TOWN OF SOUTHOLDA� Tel. (631) 765-1809 Southold Town.Clerk FINDINGS,DELIBERATIONS AND DETERMINATIONS MEETING OF AUGUST 6,2026 ZBA FILE No. 8130 NAME OF APPLICANT: Johannes Debruijn PROPERTY LOCATION: 2625 Bay Shore Road, Greenport,NY SCTM No. 1000-53.4-21 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 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 May 22,2026 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 June 22, 2026. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP as follows: Policy 1: The proposed action is inconsistent with Policy 1. The proposed action does not enhance community in that it exceeds the maximum lot coverage by 12% and that the surrounding parcels do not have pools in their front yards. Policy 6: The proposed action is inconsistent with Policy 6.1C.1. The proposed action's overdevelopment of the waterfront parcel increases impervious surface coverage which reduces natural drainage causing adverse impacts to ecological quality. PROPERTY FACTS/DESCRIPTION: The subject parcel is a nonconforming semi-rectangular 8,612 square foot property in the R-40 Residential District with 56.93 feet fronting Bay Shore Road on the south, a northwesterly boundary of 171.41 feet adjacent to a neighboring residential parcel, 64.23 feet bulkheaded fronting Pipe's Cove, and a southwesterly boundary of 138.00 feet adjacent to Town of Southold property. The parcel is developed with a one-story frame dwelling, a masonry patio in the rear, a gravel driveway and path, a small wood deck in front, and an enclosed wood planter, all as shown on the survey prepared by John Gerd Heidecker, L.L.S., Islandwide Engineering&Land Surveying, dated March 28,2026. (Date stamped May 6,2026) Page 2,August 6, 2026 #8130 Johannes Debruijn SCTM No. 1000-53.4-21 BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-15,Article XXIII, Section 280- 124 and the Building Inspector's January 5,2026 REVISED April 29, 2026 Notice of Disapproval based on an application for a permit to construct an accessory pool house and construct an accessory swimming pool; at: 1) pool house less than the code required minimum front yard setback of 35 feet, 2)swimming pool less than the code required minimum front yard setback of 35 feet, 3)exceeding maximum lot coverage of 20%; located at: 2625 Bay Shore Rd., Greenport,NY. SCTM No. 1000-53.4-21. RELIEF REQUESTED: The applicant requests variances to construct an accessory inground swimming pool and accessory pool house in the front yard. The proposed construction is not permitted pursuant to Article III, 280-15 which allows waterfront properties to locate accessory structures in the front yard provided they meet the front yard principal setbacks of 35 feet. The proposed inground pool has a front yard setback of 9 feet and the proposed pool house has a front yard setback of 21 feet. In addition,the proposed construction is not permitted pursuant to Article XXIII Section 280-124 which states that for lots measuring less than 20,000 square feet, a maximum lot coverage of 20% is allowed. The proposed construction will result in lot coverage of 22.39%. All as shown on the site plan prepared by John Gerd Heidecker,L.L.S., Islandwide Engineering& Land Surveying, last updated July 1,2026. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on July 10, 2026 submitted two alternative surveys prepared by John Gerd Heidecker, L.L.S., Islandwide Engineering&Land Surveying, last revised July 10, 2026. Both updated surveys eliminated the pool house, thereby reducing the lot coverage to 20.16%. One site plan reduced the front yard setback to 7.1 feet, thereby increasing the front yard setback nonconformity;the other plan increased the front yard setback to 10.2 feet, bringing the plan into more conformity with the Town Code. In both plans the pool remains in the nonconforming front yard location. ADDITIONAL INFORMATION: The property is covered by four certificates of occupancy: No. 39326 dated November 3,2017 for a wood frame one family dwelling with enclosed porch. No. Z-2660 dated July 28, 1999 pursuant to Building Permit No. 25352-Z dated November 23, 1998 for a 12 foot by 20 foot addition and alteration to existing one family dwelling per ZBA#4587. No Z-26599 dated July 28, 1999 pursuant to Building Permit No. 24220-Z dated June 25, 1997 for interior alteration to existing one family dwelling. No.Z-1476 dated October 23, 1962 pursuant to Building Permit No.Z-179 for a private one family dwelling. The application included a copy of ZBA decision#4857 filed October 13, 2000 granting a front yard setback of 38 feet where the code required 40 feet and a rear yard setback of 47 feet where the code required 50 feet for construction of a house on Cedar Drive in Southold,NY. The application included plans for a proposed swimming pool for Runyan Residence prepared by Mason Bergerson, P.E., dated April 23,2026,pages CP-1,pool construction plan, and CP-2, pool details and notes. The application included seventeen pages of undated plans and instructions for a 12-foot by 16-foot DIY backyard office kit from Best Home Plans. At the July 2, 2026 public hearing the applicant's representative provided four additional ZBA decisions: Page 3, August 6, 2026 #8130 Johannes Debruijn SCTM No. 1000-53.4-21 #7813 filed August 21, 2023 granting variances to construct a pool in a side yard location where the code required pools to be located in the rear yard and granted variances for additions and alterations to a single family dwelling allowing lot coverage of 23.4%where the code required a maximum of 20%,a rear yard setback of 13 feet 11 inches where the code required a minimum of 35 feet, and gross floor area of 3,236 square feet where the code required a maximum of 2,568 square feet for the lot size, located on Three Waters Lane in Orient,NY. #7633 filed June 23, 2022 granting variances for demolition of an existing dwelling and construction of a. new dwelling with a pool located in the side yard where the code required a rear yard location,an accessory garage located in the side yard where the code required a rear yard location, a rear yard setback of 19.8 feet where the code required a minimum of 50 feet,and a rear side yard setbacks of 0.4 feet for an existing chicken coop where the code required minimum rear and side yard setbacks of 10 feet, located on Summit Drive in Mattituck,NY. #7429 filed December 29, 2020 granting a front yard setback of 20.6 feet where the code required 40 feet for the demolition of an existing dwelling on Bay Shore Road in Greenport and construction of a new dwelling. #6409 approved October 12, 2010 granting variances for a front yard setback of 15 feet where the code required 35 feet, a side yard setback of 8 where the code required 20 feet, and lot coverage of 26% where the code required a maximum of 20%for construction of an accessory garage at 3255 Bay Shore Road in Greenport. At the July 2, 2026 public hearing the applicant's representative provided Suffolk County Tax Map screen shots depicting ten parcels on Bay Shore Road that have inground swimming pools or permits for them,all located in either rear yards or side yards, and ten screen shots depicting parcels on Bay Shore Road with garages with front yard setbacks of less than 35 feet. Three neighbors submitted letters in support of the project. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 2,2026 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 V67-b(30)(1). Grant of the alternative relief will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. No parcels on Bay Shore Road have inground swimming pools in the front yard. Granting this relief will, by precedent, change the character of the neighborhood. While several garages in the neighborhood were granted front yard setback relief, such locations are characteristic of the neighborhood for accessory garages while front yard inground swimming pools are not characteristic of the neighborhood. 2. Town Law§267-b(3)(b)(2). The benefit of an inground pool sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The need to keep the pool outside of a 20- foot setback from the existing septic system cover severely limits the area available for pool installation on this highly constrained lot. However, the parcel does front Pipe's Cove which offers the opportunity for swimming and water recreation. 3. Town Law §267-b(3)(b)(3). The variance associated with the alternative plan herein is mathematically substantial,representing 70.9% relief from the code for the alternative proposed with a 10.2 foot front yard setback. 4. Town Law 067-b(3)(b)(4). Evidence has been submitted to suggest that this variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood.The LWRP determination found the application to be inconsistent with LWRP policy standards noting that the surrounding Page 4, August 6, 2026 48130 Johannes Debruijn SCTM No. 1000-53.4-21 parcels do not have pools in their front yards and that the increase in impervious surface coverage on this waterfront parcel reduces natural drainage causing adverse impacts to ecological quality. Additionally,the site plans prepared by John Gerd Heidecker, L.L.S., Islandwide Engineering & Land Surveying, last updated July 10, 2026, included test hole data indicating water at four feet below surface. Installation of a five-foot deep pool where the water table is four feet below grade is likely to change the natural local hydrology including stormwater and groundwater flow in the area, and the pool plans prepared by Mason Bergerson, P.E., dated April 23, 2026 indicate, "The design is based on a drainable soil with less than 10% silt. Groundwater shall not exist within the limits of the excavation." 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 alternative relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of water-based recreation 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 Steinbugler, seconded by Member Acampora, and duly carried,to DENY the variances as amended Vote of the Board, Ayes: Members Weisman (Chairperson), Planamento, Acampora, Lehnert and Steinbugler. (5-0) r Leslie Kanes eisman, Chairperson Approved for filing 8'/ 7 /2026