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Home My WebLink About8119 BOARD MEMBERS ��0� S0!/T 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. Office Location: Nicholas Planamento • �O� Town Annex/First Floor Margaret Steinbugler C�UI 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 RECEIVE® http://southoldtownny.gov PA-4 / 10 ZONING BOARD OF APPEALS AUG 25 2S TOWN OF SOUTHOLD Tel. (631)765-1809 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 20,2026 ZBA File No. 8119 NAME OF APPLICANT: Miriam Foster& Grayson Murphy PROPERTY LOCATION: 595 Youngs Road, Orient,NY SCTM#1000-18-1-6.3 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 property is a non-conforming 17,021.40 square foot parcel located in a R-40 zoning district. The property has a road frontage of 95.0 feet along Youngs Avenue, then turns northwest for 243.32 feet towards the rear lot line,then_turns northeast for 125.2 feet along the rear yard before returning southeast for 146.46 feet back to Youngs Road. The property is improved with an existing one-story residence with an accessory shed in the rear yard, all as shown on the survey prepared by Joshua-R. Wicks, L.L.S., date surveyed August 19, 2025: BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's February 6, 2026 Notice of Disapproval based on an application to construct an addition to an existing single-family dwelling at; 1)less than the code required minimum rear yard setback of 35 feet;located at:595 Youngs Rd., Orient NY. SCTM No. 1000-18-1-6.3. RELIEF REQUESTED: The applicant requests a variance for a rear yard setback of 20 feet, as shown on the site plan prepared by Mark W. Thackrah,R.A., dated March 27,2026,where a 35-foot minimum is required. ADDITIONAL'INFORMATION: During the public hearing, the applicant's agent testified that the proposed expansion was for more bedroom spaice in the house. The house is currently a--two-bedroom house. The proposed renovation will add a bedroom making it a three-bedroom dwelling. Testimony was also entered into the record that the existing septic system is sized for a three-bedroom dwelling. The Right of Way on the south side of the property acts like a road, and the proposed location offers the most privacy for the homeowners. As per the applicant, the generator and LP tank shown on the site plan are not part of this application. There are two letters of support for the Page 2,August 20, 2026B #8119 Foster/Murphy SCTM No. 1000-18.-1-6.3 application, and the neighbor to the rear of the property spoke about a proposed land sale but had no objections to the proposed addition. 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 §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is comprised of houses of various sizes, and also lots of various sizes. The proposed location is set back farther from the road than the,existing house, and the variance relief is due to the trapezoidal shape of the property. The property is bounded on the south side by a Right of Way that acts as a road, so the proposed construction on the opposite side will not affect it. The proposed construction will be.minimally visible from Young's Road and will not produce an undesirable change in the character of the neighborhood. 2. Town Law 4267-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. Due to the shape of the property and the rear lot line not being parallel to the front property line, any reasonably-sized addition to the northwest side of the house, which is the most private location for a bedroom addition,would require variance relief. The requested relief is the minimum needed to achieve the proposed bedroom addition in this location. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 43%relief from the code. However, the property is oddly shaped at the rear, and the only spot on the property for a bedroom addition not next to an active Right of Way is towards the northwest side of the property. This corner location is heavily vegetated and screened from adjacent properties. 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 and the conditions of this board. 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 relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a bedroom addition 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 Lehnert,seconded by Member Planamento,and duly carried, to GRANT the variance as applied for, and shown on the site plan drawn by Mark W. Thackrah, R.A., dated March 27, 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. Page 3,August 20, 2026B #8119 Foster/Murphy SCTM No. 1000-18.-1-6.3 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 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: Acampora)This Resolution was duly adopted(4-0). Margaret1 teinbugler, Vice Chair Approved for filing f/Z(/2026