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HomeMy WebLinkAbout8124 BOARD MEMBERS ��OF S0UjyO 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 ac Office Location: Nicholas Planamento • �OQ Town Annex/First Floor Margaret Steinbugler C�U 54375 Main Road(at Youngs Avenue) Southold,NY 11971 RECEIVED http://southoldtownny.gov d- Plij /_ 10:01 Q Nil ZONING BOARD OF APPEALS 2 5 Z0 TOWN OF SOUTHOLD Tel. (631)765-1809 p4AUG Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 20,2026 ZBA FILE: #8124 NAME OF APPLICANT: James Clous PROPERTY LOCATION: 3805 Bay Shore Rd., Greenport,NY(Adj.to Shelter Island Sound) SCTM No. 1000-53-6-18 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 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 4, 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 July 31, 1026.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 I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem 6.1 Protect and restore ecological quality throughout the Town of Southold. C. Reduce adverse impacts on ecological quality due to development. 1. Reduce adverse effects of existing development. The lot coverage should be reduced to meet the Town Code for this action to be consistent with the LWRP. The Board notes that there are several waterfront parcels on Bay Shore Rd.that have larger sized dwellings and greater lot coverage than the applicant's,and are either in the flood zone or closer to it than the applicant's. Relative to a prior application,this new application has scaled down the size of the dwelling in order to come into greater compliance with Page 2, August 20, 2026 #8124, Clous,James SCTM#1000-53.-6-18 both GFA and lot coverage and relocates the dwelling to have a greater setback from the bulkhead than the existing dwelling and to be outside of the FEMA VE flood zone. Considering these factors and the character of the neighborhood,the Board finds that this application is consistent with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject nonconforming 13,825 square foot parcel is located in the Residential R-40 Zoning District. The northerly property line measures 138.50 feet,the easterly property line measures 100 feet and is adjacent to Shelter Island Sound, the southerly property line measures 138.00 feet and the westerly property line measures 100.00 feet and is adjacent to Bay Shore Rd. The parcel is improved with a one-story frame dwelling with a detached two car garage with accessory living space (with no kitchen) on the second story located southeast of the dwelling facing Bay Shore Rd., all as shown on the survey map prepared by Kenneth N. Woychuk, L.S., last revised May 20, 2024. BASIS OF APPLICATION: Request for Variances Article XXIII, Sections 280-124, Article XXXVI, Section 280- 207 and the Building Inspector's March 16,2026 Notice of Disapproval based on an application for a permit to demolish an existing single-family dwelling and construct a new one-story single family dwelling at; 1) exceeds the maximum permitted coverage of 20%,2)gross floor area exceeding permitted maximum square footage for a lot containing up to 20,000 square feet in area, located at: 3805 Bay Shore Rd., Greenport,NY (Adj. to Shelter Island Sound) SCTM No. 1000-53-6-18. RELIEF REQUESTED: The applicant requests a permit to demolish a one-story single-family dwelling and construct a new one-story single-family dwelling at 3805 Bay Shore Road, Greenport, NY. SCTM No. 1000-53-6-18. The proposed construction,on this nonconforming 13,825 square foot parcel located in the Residential R-40 Zoning District, is not permitted pursuant to Article XXXVI, Section 280-207,which state that a lot containing up to 20,000 square feet can have a maximum GFA of 2,100 square feet plus 12.5 of the lot area in excess of 10,000 square feet. The Site Plan shows a GFA of 2,833.7 square feet exceeding the permitted amount of 2,578.1 square feet by 255.6 square feet. Additionally, the proposed construction is not permitted pursuant to Article XXIII, Section 280-124, which states lots measuring less than 20,000 square feet in total size may have a maximum lot coverage of 20%. The site plan shows lot coverage of 22.56/o. All as shown on the site plan and architectural plans prepared by Anthony M. Portillo, R.A., dated February 6, 2026. ADDITIONAL INFORMATION: The applicant previously applied to this Board for a project on this parcel. In March of 2025 ZBA file No.7990 was denied for a permit to demolish an existing single-family dwelling and construct a new two-story family dwelling. The application was denied by the Board of Trustees for not including an I/A septic system and the Suffolk County Board of Health deemed the application incomplete for the same reason. The excessive GFA of 3445.4 square feet was also noted by both Boards and the LWRP coordinator. The existing garage has a pre-C of O issued on June 12, 2002 for a sitting room, bedroom and full bath. This will not be changed. The new site plan and architectural plans show the new design as prepared by AMP Architecture and dated February 6, 2026. The new dwelling will replace the old block septic system with a new I/A septic system. The existing dwelling is in the VE flood zone. The proposed dwelling will be moved to a Zone X completely out of the flood zone. The foundation will be raised so the first floor is higher than the current first floor reducing flood risk. The oil-fired furnace.will be replaced by gas or electric heat.The oil tank in the existing basement will be removed. There is already a non-turf buffer installed on the property. The Board received six letters of support for this application from neighbors. 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 the surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: Page 3, August 20, 2026 #8124, Clous,James SCTM#1000-53.-6-18 1. Town Law V67-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. Bay Shore Rd.is a waterfront community. This Board has approved several prior applications for lot coverage and GFA relief for residents wishing to increase the size of their dwellings by making renovations or total demolitions. There are many examples of larger residences in the community on proportionally smaller parcels. The applicant's parcel is one of the larger in the area and is bordered on each side by substantial two-story dwellings,built under previous zoning regulations. 2. Town Law 4267-b(3)(b)(2). The benefit of a larger residence,with an additional bedroom, sought by the applicant cannot be achieved by some method; feasible for the applicant to pursue, other than an area variance. The applicant has scaled down his request from a previous application. To make the dwelling smaller would require eliminating the third bedroom where another bedroom is the objective of the project. Most homes in the neighborhood have three or more bedrooms. 3. Town Law U67-b(3)(b)(3). The variances requested herein are mathematically substantial, representing 9.9% relief from the GFA code and 12.5% relief for lot coverage. However, the applicant has made every attempt to bring the new application design into greater conformity relative to a previous application. Additionally, the applicant's representative provided the Board with several examples of greater variance relief granted both for lot coverage and GFA in the Bay Shore Rd.neighborhood. 4. Town Law 4167-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. The proposed dwelling will have dry wells for roof runoff. 5. Town Law V67-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and submitted this application after the Zoning Code was modified to limit GFA. 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 submitting this application. 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 newly constructed three-bedroom,one-story dwelling 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 Chairperson Weisman, seconded by Member Steinbugler, and duly carried,to GRANT the variances as applied for and shown on the survey map prepared by Kenneth M. Woychuk, LS and dated September 26, 2019 and last revised May 20, 2024. Site Plan SD-1 and drawings SD-2 thru SD-4 prepared by AMP Architecture,Anthony Portillo, Architect, dated February 6,2026. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The I/A septic system on the subject property must be approved by the Suffolk County Department of Health Services. 2. The applicant must receive approval from the Southold Board of Trustees. 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. Page 4,August 20,2026 #8124, Clous,James SCTM#1000-53.-6-18 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 vear, 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 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 REQUIRFD 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). i Margaret Steinbugler,Vice Chair Approved for filing/zl/ 202-&