HomeMy WebLinkAbout8121 BOARD MEMBERS ��OF SOU� Southold Town Hall
Leslie Kanes Weisman, Chairperson !� 53095 Main Road•P.O. Box 1179
Patricia Acampora Southold,NY 11971-0959
Robert Lehnert,Jr. va Office Location:
Nicholas Planamento • �O Town Annex/First Floor
Margaret Steinbugler COUI�I�N 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
. http://southoldtownny.gov
RECEIVED
ZONING BOARD OF APPEALS 4 #.�
TOWN OF SOUTHOLD AUG 2 5 2026
Tel. (631)765-1809
Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 20,2026
ZBA FILE: #8121
NAME OF APPLICANT: David and Mary DeSetta/DeSetta D.Revocable Trust
PROPERTY LOCATION: 1775 Gull Pond Lane, Greenport,NY(Adj. to Gull Pond) SCTM: 1000-35-4-14
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 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 8, 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 August 3, 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.
Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem.
6.3 Protect and restore tidal and freshwater wetlands.
A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws
and regulations for all Andras Patent and other lands under their jurisdiction.
The proposed action is on a non-conforming waterfront parcel with a pre-existing residence that is within
100 feet of the wetland boundary of Gull Pond.
The proposed"as-built"construction is inconsistent with Policy 6.3A because the structure was constructed
beyond the scope of the obtained Building Permit and without regulatory permits.
With conditions imposed on this application, should relief be granted, the Zoning Board of Appeals finds the
application consistent with the LANRP policy.
Page 2,August 20, 2026
#8121 David and Mary DeSetta
SCTM No. 1000-35-4-14
PROPERTY FACTS/DESCRIPTION: The subject, 32,448.22 square feet, 0.74-acre, pentagon-shaped, waterfront
parcel located in the R40 Zoning District, measures 100.00 feet along Gull Pond Lane, then runs east 335.69 feet
along a residentially developed lot to the north, then runs 23.37 feet along a bulkhead at Gull Pond and continues
82.65 feet along the same bulkhead then returns 305.47 feet along a residentially developed lot to the south,back to
the roadway. The property is improved with a one-story,wood frame dwelling,concrete entry stoop,walkways,and
a concrete water side rear deck, a catwalk extending from the bulkhead at the waters of Gull Pond to a ramp and
floating dock, fencing, and a shed located in the front yard, all as shown on the survey prepared by Kenneth M.
Woychuk, Licensed Land Surveyor, last updated August 10,2026.
BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-124 and the Building
Inspector's February 20,2026 Notice of Disapproval based on an application to legalize an"as built"demolition(as
per Town Code definition)and reconstruction of a single-family dwelling;at: 1)less than the code required minimum
side yard setback of 15 feet, 2) less than the code required combined side yard setback of 35 feet; located at: 1775
Gull Pond Lane, Greenport,NY. (Adj.to Great Pond) SCTM No. 1000-35.4-14.
RELIEF REQUESTED: The applicant requests two variances for the Town of Southold defined `technical
demolition' and reconstruction of a single-family residence where the altered structure will maintain a single side
yard setback of 10.5 feet where the code requires a minimum side yard setback of 15 feet and will maintain a
combined side yard setback of 28.8 feet where the Code requires a minimum combined side yard setback of 35 feet.
The proposed alterations do not expand upon the pre-existing non-conforming conditions of the home that was
demolished and reconstructed, per Town Code definition.
ADDITIONAL INFORMATION: The applicant provided design plans prepared by MH dated March 30, 2026
including a proposed site plan,sky plane analysis, `pier line' analysis,existing and proposed elevations,existing and
proposed floor and roof plans labeled S-1, S-2,and A-1 through A-7.Pages A-1 through A-4 were signed and sealed
by James J. Deerkoski, Licensed Professional Engineer, and pages S-1, S-2, and A-5 through A-7 were not signed
and sealed.
The subject parcel is the beneficiary of prior Zoning Board of Appeals variance relief under file#301, dated August
18, 1960,which granted access to the lot in order to construct a residence. Prior to the demolition and reconstruction
Certificate of Occupancy #Z-1174, dated November 6, 1961, covered a private one-family dwelling. No
documentation was supplied to cover improvements along the waterfront, including bulkheading, fixed catwalk,
ramp and floating dock, by the Town of Southold Board of Trustees. Although not submitted with this subject
application, ZBA research into Town records found permits TR-10513 and TR-10466 from 2023 approving the
waterfront improvements.
The applicant has an open building permit,file#51546,which was issued on January 14,2025,which includes among
other improvements the addition of a front covered porch in a compliant location. As part of the inspection process
relative to this application the Town of Southold Building Inspector noted that work performed exceeded that covered
by the building permit and was a technical demolition of the structure requiring full review by the Zoning Board of
Appeals for reduced side and combined side yard setbacks.
While the applicant proposes to legalize the `as built' residential structure; which includes substantial interior
alterations and the addition of a front porch, the proposed work does not encroach upon any of the pre-existing
setbacks covered by the original Certificate of Occupancy.
During the public hearing, the applicant was asked to clarify a discrepancy on the survey submitted with the
application that illustrates a 11.2 feet individual side yard setback,while the Town of Southold Building Department
Notice of Disapproval cites a 10.5 feet individual side yard setback. On August 17,2026,the applicant submitted a
survey illustrating the correct side yard setback. This survey was prepared by Kenneth M. Woychuk,Licensed Land
Surveyor and dated December 13, 2024, updated August 10, 2026. For the purposes of this application,the Zoning
Board of Appeals will use this survey in its determination.
Page 3,August 20, 2026
#8121 David and Mary DeSetta
SCTM No. 1000-35-4-14
No member of the public or an immediate neighbor spoke in favor of or against this application.
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 variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The Gull Pond Lane neighborhood consists of a variety of
housing styles and sizes developed over the past half-century, with non-waterfront homes enjoying larger lots and
those, like the subject waterfront residence,taking advantage of the site's location and topography to accommodate
water access and views. The subject, one-story ranch-style home was originally developed in the early 1960's and
the then-established setbacks will be preserved as part of the overall redevelopment. The applicant does not propose
to encroach further on the non-compliant side and combined side yard setbacks, nor do they propose any other
improvement that does not conform to Code. Furthermore, as a result of the topography, a natural swale exists and
the adjacent residence to the north is a considerable distance away from the applicant's home. To the south, and
more beneficially,the single side yard setback is less noticeable as a result of the subject home being constructed on
an angle along with the neighboring residence, creating a visual distance greater than the required setback.
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. As a result of the placement of the original structure, any
expansion of this home will require some form of relief from the Zoning Board of Appeals.
3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial,representing 30%relief
from the Code relative to a reduced side yard setback of 10.5 feet where 15 feet is required and 17.7% relief from
the Code relative to a combined side yard setback of 28.8 feet where 35 feet is required. However, the applicant
proposes to maintain the pre-existing, non-conforming setbacks as part of the renovation of the"as built' residence,
originally covered by Town of Southold Certificate of Occupancy Z-1174 dated November 6, 1961. Additionally,
the swale to the north and the angular placement of the neighboring home to the south, along with evergreen
screening,mitigate the potential for any adverse impact.
4. Town Law 4267-b(30)(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 seek approval for all
work performed by the Town of Southold Trustees and Suffolk County Board of Health.
5. Town Law §267-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`Town defined demolition and reconstruction of a residence' 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 Planamento, seconded by Member Steinbugler, and duly
carried,to
Page 4,August 20, 2026
#8121 David and Mary DeSetta
SCTM No. 1000-35-4-14
GRANT the variances as applied for,and shown on the design plans labeled S-1 and S-2,A-1 through A-7 prepared
by MH and dated March 30, 2026 and the survey prepared by Kenneth M. Woychuk, Licensed Land Surveyor and
dated December 13,2024,updated August 10, 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 is to seek approval from the Town of Southold Board of Trustees for the `as built' house.
3. The applicant must apply to the Building Department to amend the building permit for the "as built"
demolition 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.
4. 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.
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 rear, 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,siteplan 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
Page 5,August 20, 2026
#8121 David and Mary DeSetta
SCTM No. 1000-35-4-14
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).
Margaret teinbugler(Vice Chairjf
Approved for filing Y Df/ 'up