HomeMy WebLinkAbout8122 BOARD MEMBERS ��QF SO(/ryO 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. vs Office Location:
Nicholas Planamento • �OQ Town Annex/First Floor
Margaret Steinbugler C�UI 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
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http://southoldtownny.gov d Ab.( (5
ZONING BOARD OF APPEALS AU 2 5 26
TOWN OF SOUTHOLD
Tel. (631) 765-1809
Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 20,2026
ZBA FILE No. 8122
NAME OF APPLICANT: Yingzhen Li
.PROPERTY LOCATION: 3705 Ole Jule Lane,Mattituck,NY SCTM No. 1000-122-5-27
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
Cour_ty Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to D.
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, somewhat pie-shaped 15,104
square foot parcel at a bend in Ole Jule Lane with a southern boundary in four segments of 23.24, 57.19,43.13, and
75.25 feet along that lane roughly creating an are,and a northeast boundary of 129.32 feet and a northwest boundary
of 178.21 feet respectively, each along an adjacent residential parcel. The property is developed with a one-story
frame dwelling with attached garage,asphalt driveway,raised concrete rear deck,and roofed-over front porch,all as
shown on the survey prepared by Howard W. Young,L.L.S., last updated December 19,2025.
BASIS OF APPLICATION: Request for a Variances from Article XXIII, Section 280-124,Article XXXVI, Section
280-207 and the Building Inspector's March 26, 2026 Notice of Disapproval based on an application for a permit to
construct additions and alterations to a single-family dwelling; at: 1)less than the code required minimum front yard
setback of 35 feet, 2) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000
square feet in area; located at: 3705 Ole Jule Lane,Mattituck,NY. SCTM No. 1000-122-5-27.
RELIEF REQUESTED: The applicant requests variances to construct a second story on the existing dwelling,adding
one bedroom,one bathroom,laundry room,and bonus room over the garage,resulting in a front yard setback of 32.2
feet where Article XXIII Section 280-124 of the code requires a minimum front yard setback of 35 feet for lots less
than 20,000 square feet and gross floor area of 3508 square feet where Article XXXVI Section 280-207 of the code
permits a maximum gross floor area of 2738 square feet,all as shown on the architectural plans prepared by Michael
Scott Sudano,Registered Architect,dated December 15, 2025 and titled"Li residence,"with pages A-01, south and
west elevations;A-02,north and east elevations; and A-03, first and second floor plans.
Page 2, August 20, 2026
#8122 Yingzhen Li
SCTM No. 1000-122-5-27
AMENDED APPLICATION: During the August 6, 2026 Public Hearing, the applicant was requested to provide
information about the estimated gross floor area of other dwellings in the neighborhood and, if possible, examples
of prior ZBA decisions granting relief for gross floor area in the neighborhood. On August 13, 2026 the applicant's
representative provided amended plans reducing the size of the bonus room over the garage to 275 feet,as shown on
the architectural plans page A-03 prepared by Michael Scott Sudano, Registered Architect, dated August 12, 2026,
thereby reducing the gross floor area to 3351 square feet, 22.4% greater than allowed by the code. Also provided
was an analysis of gross floor area for four other homes in the area with estimated average GFA exceedances of
23.3%. Contrary to the guidance the Board provided in the public hearing, the four examples chosen for this GFA
analysis did not include the properties on either side of the subject parcel nor immediately across the street. Two
large waterfront homes across the street and to the north were included as were two large homes some distance away
and across James Creek. More modest-sized homes immediately adjacent to the applicant's home and closer to the
subject parcel were excluded.
ADDITIONAL INFORMATION:
The property was the subject of a prior appeal to the ZBA,No. 670 dated June 11, 1964,which granted a front yard
setback variance.
The property is covered by Certificate of Occupancy No. 5022 dated March 5, 1973 pursuant to Building Permit No.
6098 dated September 7, 1972 for a private one family dwelling.
The Board received six form letters from neighbors supporting the project.
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 4267-b(3)(b)(1). Grant of the front yard setback variance will not produce an undesirable change in
the character of the neighborhood or a detriment to nearby properties. The existing dwelling's front yard setback is
32.2 feet and was granted variance relief by the ZBA file No 670 in 1964;the proposed project does not increase this
nonconformity. Grant of the gross floor area variance will produce an undesirable change in the character of the
neighborhood by perpetuating continued construction of over-sized houses that the gross floor area code was enacted
to prevent. No evidence was provided to indicate that the proposed gross floor area is typical of the immediate
neighborhood. Rather, the analysis that was provided was unrepresentative of the neighborhood in that it excluded
modest-sized homes in the immediate neighborhood and reached approximately 1200 feet to the east over a branch
of James Creek to include large homes not in the immediate neighborhood.
2. Town Law 4267-b(3)(b)(2). The benefit of a larger dwelling with additional bedroom and bathroom sought by
the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than a variance for the
front yard setback, since that dimension is pre-existing and is not increased by the proposed project. The benefit of
a larger dwelling with additional sleeping and living space can be achieved by some method,feasible for the applicant
to pursue, other than an excessive variance for gross floor area. A smaller second floor addition is feasible.
3. Town Law 4267-b(3)(b)(3). The front yard setback variance granted herein is not mathematically substantial,
representing 8% relief from the code, and was granted in a prior ZBA decision. The requested amended gross floor
area variance is mathematically substantial,representing 22.4%relief from the code, and no evidence was presented
to establish that GFA of that magnitude is characteristic of the immediate neighborhood.
Page 3,August 20, 2026
#8122 Yingzhen Li
SCTM No. 1000-122-5-27
4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that the front yard 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&267-b(3)(b)(5). The difficulty conforming with the Town Code limits on gross floor area has been
self-created. The applicant proposed the project several years after the Zoning Code was amended to limit gross
floor area and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of
the parcel under the amended Zoning Code. The difficulty conforming with the Town Code for front yard setbacks
was not self-created as the existing front yard setback was granted prior ZBA relief and was in place when the
applicant purchased the property.
6.Town Law 4267-b. Grant of the requested front yard setback relief is the minimum action necessary and adequate
to enable the applicant to enjoy the benefit of an expanded dwelling with second floor while preserving and protecting
the character of the neighborhood and the health, safety and welfare of the community. Grant of the amended
requested gross floor area variance is not the minimum action necessary and adequate to enable the applicant to enjoy
the benefit of an expanded dwelling with second floor while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community. A more modest sized second floor addition is
feasible.
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 Weisman, and duly
carried,to
GRANT the front yard variance as applied for, and shown on the survey prepared by Howard W. Young, L.L.S.,
last updated December 19,2025.
And DENY the gross floor area relief as amended and shown on the architectural plans page A-03 prepared by
Michael Scott Sudano,Registered Architect, dated August 12, 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.
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.
Page 4, August 20,2026
#8122 Yingzhen Li
SCTM No. 1000-122-5-27
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 nonconformides 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).
Margaret Steinbugler, Vice Chair
Approved for filing y/Li/2026