HomeMy WebLinkAbout8118 BOARD MEMBERS �`yOF s0Ujyo Southold T6wn Hall
Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road•P.O. Box 1179
Patricia Acampora Southold,NY 11971-0959
Robert Lehnert, Jr. vs Office Location:
Nicholas Planamento G,'�c► • �Q Town Annex/First Floor
Margaret Steinbugler COU 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
http://southoldtownny.gov 1 RECEIVED
ZONING BOARD OF APPEALS v' 10�07 a,.w1.
TOWN OF SOUTHOLD AUG 2 5 2026
Tel. (631) 765-1809
Southold&Tb=nCWrk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 20,2026
ZBA File No. 8118
NAME OF APPLICANT: Andrew Shannon and Katherine O'Brien
PROPERTY LOCATION: 1950 Equestrian Avenue,Fishers Island,NY SCTM No. 1000-9-6-4
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 nonconforming 13,504 square foot (8110 square
feet buildable) rectangular parcel in the R-80 Residential District with a northwest boundary of 136.98 feet along
Equestrian Avenue,southwest and southeast boundaries of 105.00 and 122.31 feet respectively along property of the
Henry L.Ferguson Museum, and a northeast boundary of 104.99 feet along the property of James H. and Laurie W.
Carney. The property is developed with a two-story frame Queen Anne-style dwelling with a screened porch and
deck in the rear, covered entry in front, and a detached frame garage, all as shown on the Septic Site Plan prepared
by Peter M. Parent, L.P.E., dated June 1, 2026 and on page 2 dated March 23, 2026 of the architectural drawings
prepared by Samuel William Fitzgerald, Registered Architect, titled, "Zoning Variance Application Proposed
additions to existing non-conforming residence, Andrew & Katherine Shannon Residence," with coversheet dated
March 2, 2026.
BASIS OF APPLICATION: Request for a Variances from Article XXIII, Section 280-124,Article XXXVI, Section
280-207(1)(a) and the Building Inspector's March 26, 2026, 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, 2) greater than the maximum permitted lot coverage of 20%, 3) gross floor
exceeding permitted maximum square footage for lot containing up to 10,000 sq. ft. in area; located at: 1950
Equestrian Ave.,Fishers Island,NY. SCTM No. 1000-9-6-4.
Page 2,August 20,2026
48118 Andrew Shannon
SCTM No. 1000-9-6-4
RELIEF REQUESTED: The applicant requests variances to rebuild the existing southwest wing of the dwelling,
increasing its footprint by 63 square feet; remove the existing rear (southeast) screened porch; construct a new
screened porch on the southwest side, and add a new covered porch on the southwest side, resulting in gross floor
area of 2446 square feet where the Town Code Article XXXVI Section 280-207A(1)(a)allows a maximum of 2100
square feet for lots under 10,000 square feet; and a front yard setback of 15.5 feet and lot coverage of 29.6%where
Town Code Article XXIH Section 20-124 requires a minimum front yard setback of 35 feet and maximum lot
coverage of 20%for lots measuring less than 20,000 square feet,all as shown on page 2 dated March 23,2026 of the
architectural drawings prepared by Samuel William Fitzgerald, Registered Architect, titled, "Zoning Variance
Application Proposed additions to existing non-conforming residence, Andrew & Katherine Shannon Residence,"
with coversheet dated March 2, 2026.
ADDITIONAL INFORMATION: The application included architectural drawings titled, "Zoning Variance
Application Proposed additions to existing non-conforming residence, Andrew & Katherine Shannon Residence,"
prepared by Samuel William Fitzgerald, Registered Architect, with coversheet dated March 2, 2026 showing an
exterior view of the existing and proposed dwelling; Sheet 2 dated March 23, 2026 showing site plans for full lot
area and buildable lot area; Sheets 3 and 3a dated March 2, 2026 with aerial photographic views looking southeast
and north and corresponding isometric renderings from the same perspectives for the existing and proposed dwelling;
Sheet 4 dated March 2, 2026 with photos from four directions and a diagram indicating reference points for each;
Sheet 5 dated March 2, 2926 with existing and proposed basement, first floor, and second floor plans; and sheet 6
dated March 2, 2026 showing existing and proposed north,west, and south elevations.
The property has the benefit of four Certificates of Occupancy:
No. 35027 dated June 27, 2011 pursuant to Building Permit No. 36272 dated March 29, 2001 for alterations to an
existing one family dwelling;
No. 35009 dated June 22, 2011 pursuant to Building Permit No. 36274 dated March 29, 2001 for alteration to an
existing accessory garage;
No. 30934 dated May 26, 2005 pursuant to Building Permit No. 31143 dated May 18, 2005 for deck addition to
existing single family dwelling;and
Pre-existing CO No. 26126 dated November 20, 1998 for a one family dwelling with accessory guest cottage.
During the August 6, 2026 Public Hearing,the applicant was requested to provide examples of prior ZBA decisions
granting relief for gross.floor area and lot coverage in the neighborhood. On August 18, 2026 the applicant's
representative provided two prior ZBA decisions in the neighborhood,No. 7938 from 2024 granting 10% relief for
GFA for a parcel on Ark Hill Road and No. 139 from 1959 granting a front yard setback variance due to the steep
topography of the parcel.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on August 6, 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-bQ(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 house was built in the 1880s, the existing front yard
setback is just 8.5 feet, the proposed project does not decrease this, and this existing setback is larger than several
other structures in the neighborhood. The existing lot coverage is 27.5%and the existing GFA exceeds the permitted
Page 3,August 20,2026
#8118 Andrew Shannon
SCTM No. 1000-9-6-4
maximum by 102 square feet. While the proposed project grows the lot coverage to 29.6%and the GFA exceedance
to 345 square feet,the house will still be similar in size and scale to other houses in the neighborhood.
2. Town Law &267-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 existing front yard setback, lot coverage,and gross floor
area are all nonconforming, so any addition or alteration would require variance relief.
3. Town Law V67-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 55.7%
relief from the code for the front yard setback, 48% relief from the code for the lot coverage, and 16.5%relief from
the code for the gross floor area.However,the existing front yard setback is 8.5 feet so the proposed 15.5 foot front
yard setback to a covered, open entry porch does not increase the nonconformity, and two other dwellings and two
accessory structures in the immediate neighborhood have front yard setbacks less than the subject dwelling; the
existing lot coverage is 27.5% and the proposed increase is modest at 2.1 percentage points; and the existing
nonconforming gross floor area is 2202 square feet and the increase of 244 square feet is largely due to a screened
porch addition that replaces a smaller porch in the rear thereby increasing the structure's setback from the wetland.
4. Town Law V67-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 §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a rebuilt and modestly expanded southwest wing and new screened porch 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 Steinbugler, seconded by Member Planamento, and duly
carried,to
GRANT the variances as applied for,and shown on the architectural drawings titled,"Zoning Variance Application
Proposed additions to existing non-conforming residence, Andrew & Katherine Shannon Residence," prepared by
Samuel William Fitzgerald,Registered Architect, dated March 2, 2026 and with sheet 2 dated March 23,2026.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The septic system on the subject property must be approved by the Suffolk County Department of Health
Services.
2. The applicant shall apply to and obtain approval from the Town of Southold Board of Trustees for the
additions.
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
Page 4,August 20, 2026
#8118 Andrew Shannon
SCTM No. 1000-9-6-4
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the decree 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 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.
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), Lehnert, Planamento and Steinbugler. (Absent was:
Member Acampora)This Resolution was duly adopted(4-0).
Marga t Steinbugler,Vice Ch r
Approved for filing/zI/ 9- 2(o