MINUTES OF ZONING BOARD OF APPEALS MEETING OF THE VILLAGE ...

MINUTES OF
ZONING BOARD OF APPEALS MEETING
OF THE VILLAGE OF SAGAPONACK IN THE
TOWN OF SOUTHAMPTON, COUNTY OF SUFFOLK

AND STATE OF NEW YORK

A duly scheduled public hearing of the Zoning Board of Appeals of the Village of
Sagaponack was held at 4:00 a.m. on Friday, May 11, 2012 at 3175 Montauk Highway,
Sagaponack, N.Y.

The meeting was called to order by Board member William Tillotson and upon
roll being called there were present the following Board members; Linda Louchheim,
Marilee Foster, Alternate Board Member John White and Village Attorney Anthony B..
Tohill.
Absent were Chairperson Elliott Meisel, Vice Chairperson Richard Thayer and Village
Clerk Rosemarie Cary Winchell

MINUTES
As both Board Members Foster and Louchheim were absent from the April 13th

meeting, Bill Tillotson asked if they had read the minutes from that meeting. Both
responded that they had.

A resolution approving the minutes from the April 13, 2012 ZBA meeting was
offered by Marilee Foster, seconded by Linda Louchheim and approved unanimously.

II. Old Business

A. Parsonage Lane Properties LLC
908-4-2-40.1 276 Parsonage Lane
Application #5-2012

Application of Parsonage Lane Properties LLC as follows:

to allow a new principal dwelling of 8,242 square feet and a

roofed accessory structure of 6,168 square feet where

Village Code § 245-33 allows respectively 7,558 square

feet and 1,133 square feet; to allow a rear yard setback of

81 feet for said new principal dwelling where the Village

Code Table of Dimensional Regulations requires 100 feet;

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and to allow a front yard setback of 55 feet upon the
conversion of an existing residence into a non-habitable
accessory structure where Village Code Table of
Dimensional Regulations requires a 90 foot front yard
setback for accessory structures.

A motion was offered by Bill Tillotson and seconded by Linda Louchheim to
approve the following resolution:

This is an application for area variances as follows: a) under Village Code

§ 245-33 to allow a new residence of 8,242 square feet and a roofed accessory structure

of 6,168 square feet where the Code allows 7,558 square feet and 1,133 square feet

respectively; b) under the Table of Dimensional Regulations to allow a rear yard

principal structure setback of 81 feet where 100 feet is required; and c) under the Table of

Dimensional Regulations to allow a front yard accessory structure setback of 55 feet

where 90 feet is required. The premises are located at 276 Parsonage Lane.

The Board received as a part of applicant’s documents and presentation a

letter from the Architectural and Historic Review Board (AHRB) which explains the

reason for this application: the subject parcel is the historic Kinkade farm, the proposed

non-habitable accessory structure located 55 feet from Parsonage Lane is the former

Kinkade residence, a barn with three (3) silos to be relocated on the site was a part of the

former dairy farm, and the AHRB has asked that the applicant preserve the former

residence and barn with silos subject to the review and determinations of this Board.

Measured against the gross floor area of existing structures, the applicant

proposes an increase of 214 square feet. The existing gross floor area is 14,196 square

feet. 14,410 square feet is proposed.

The premise is Lot 1, Map of Parsonage Lane Properties, LLC, filed April

20, 2011. The premise contains an area of 97,186 square feet. The existing driveway on

Parsonage Lane is to be removed and access to both the existing residence converted to a

ZBA minutes.5.11.12 2

non-habitable accessory structure, the barn with silos as relocated and the proposed new
residence would be limited from a common driveway serving lots 1, 2 and 3 at this
subdivision. The view of passersby on Parsonage Lane, the Board was advised by
applicant, would be preserved: only a split rail fence would be installed along the north
side of Parsonage Lane. No hedges or similar vegetation would be planted or maintained.
The January 6, 2012 site plan of The Raynor Group made part of the record depicts each
of the existing structures, the structures and improvements to be removed, the structures
to be relocated including as relocated and the proposed new structures and improvements.

On the record established in this matter the Board finds the factual
circumstances unique. The applicant is seeking variances to allow the preservation of an
historic farm’s architecture, an application with the full support of the AHRB.

The Board finds that a grant of relief would not be the introduction of an
undesirable change in the neighborhood: in many respects the application seeks to
preserve rather than to change. The relief sought has alternatives but none consistent
with applicant’s objective to build this new residence and proposed accessory structures
plus preserve the existing structures. There is no feasible alternative with respect the
front yard variance. Measured against existing gross floor area the relief sought is not
substantial but measured against allowed gross floor area the relief sought is substantial.
The rear yard variance – at 19% of the requirement – on these particular facts and on this
particular record is insubstantial. The front yard variance cannot reasonably be governed
by the substantiality standard because the structure lawfully exists as located. There is no
evidence of an adverse effect on the physical conditions of the neighborhood. To the
extent the preservation of the Kinkade farm architecture is at the behest of the AHRB the
applicant’s difficulty is not self created.

ZBA minutes.5.11.12 3

On a balancing of the benefit to the applicant against the risk of detriment
to the community this application is granted with the proviso that this grant does not
authorize any different or additional vertical or horizontal improvement and subject to the
condition that applicant at its expense prior to issuance of any building permit and within
45 days of this date record at the County Clerk’s office a declaration prohibiting any
plantings impeding the viewshed of passersby on Parsonage Lane and limiting
improvements between Parsonage Lane and the existing house/cottage as well as the barn
and silos upon relocation to the split rail fence described by applicant’s representative
during the hearing on this matter.

The resolution was adopted with the following vote:
Ayes: Bill Tillotson, Marilee Foster and Linda Louchheim
Nayes: John White

III. New Business

Village Attorney Tony Tohill stated that there is one last item of business that he
would like to bring before the Board although it is not listed on the agenda. He explained
that when the Board approved the decision for the variance request for CJET I, LLC & II,
LLC at the April 13th meeting, one of the conditions was that a covenant be filed with the
County. The document has to be approved by the Board which is why he has brought it
today. He also noted that he had reviewed the document with Chairperson Meisel who
had no issue with it.

A motion was offered by Bill Tillotson and seconded by Linda Louchheim to
approve the following declaration for CJET I, LLC & CJET II, LLC:

THIS DECLARATION made the ___ day of May, 2012, by CJET I, LLC, and CJET II, LLC,
both with offices at 623 Fifth Ave., 29th floor, New York, N.Y., 10022, hereinafter referred to as
the Declarants;

WITNESSETH:

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WHEREAS, the Declarants are the owners of two adjacent lots consisting of 153,322
square feet and 68,054 square feet of land located at 153 and 155 Trees Lane in the Village of
Sagaponack, Town of Southampton, County of Suffolk, State of New York and identified as Lot
1, part of Lot 2 and Lot 4 on the Map of James F. Trees, Section One, filed in the Suffolk County
Clerk’s Office on June 16, 1980 as Map no. 6911, and identified on the Suffolk County Tax Map
as 0908-009.00-01.00-027.000 & 029.000, which said premises are more fully described on the
annexed Schedule A;

WHEREAS, the Declarants have applied to the Zoning Board of Appeals of the Village
of Sagaponack for a height variance to allow a 3-story residence, and received such a variance
from the Zoning Board of Appeals on April 13, 2012, a copy of the decision attached as Schedule
B, annexed, and;

WHEREAS, for and in consideration of the granting of said variance, the Zoning Board
of Appeals has deemed it to be in the best interests of the Village of Sagaponack and the owners
and prospective owners of said lot that the within covenants and restrictions be imposed on said
lots, and as a condition of said approval said Board has required that the within Declaration be
recorded in the Suffolk County Clerk’s Office; and

WHEREAS, the Declarants have considered the foregoing and has determined that the
same will be in the best interests of the Declarants and subsequent owners of said lot;

NOW, THEREFORE, THIS DECLARATION WITNESSETH:
1. If upon reasonable suspicion and belief, it is reasonably believed by the Building

Inspector of the Village of Sagaponack that a violation of condition No. 2(b) of the
variance attached as Schedule B has occurred, i.e. that the conditioned space at the
lowest level of the dwelling has been enlarged and/or used as habitable space in
violation of the law, then the Building Inspector of the Village of Sagaponack may
upon six (6) business days written notice to the property owner be afforded access to
the area of the single family residence below the base flood elevation and only that
area to ensure compliance with condition No. 2(b) of the variance granted. The right
of the Building Inspector pursuant to this Declaration to inspect the aforementioned
area is restricted to this area described above only and does not extend the right to
inspect the entire house.
2. There shall be no further subdivision of the two parcels to be merged when such
parcels are merged pursuant to the terms of the variance attached in Schedule B.
3. There shall be no enlargement of the 462 square feet of conditioned space at the
lowest level and there shall be no use of the rest of the remainder of the lowest floor
outside those 462 square feet except for non-habitable space and storage.

ZBA minutes.5.11.12 5

This Declaration shall run with the land and shall be binding upon the parties hereto, their
heirs, successors and assigns and Declarants for itself and binding its heirs, successors, grantees
and assigns waives any right to challenge or vary by an means each of the conditions set forth
hereinabove.

The within Declaration may not be annulled, waived, changed or modified, unless and
until approved by resolution of the Zoning Board of Appeals of the Village of Sagaponack, by a
vote of a majority plus one of said Zoning Board after a public hearing.

In the event the Village of Sagaponack is required to enforce these conditions by any
form of litigation, the reasonable legal fees and costs incurred by the Village of Sagaponack shall
be a lien on said lot which may be collected as if a real property tax.

The document shall be signed and notorized before it is filed with the County.

It was unanimously approved.

IV. Adjournment of Meeting

A motion to adjourn the meeting was offered by Bill Tillotson and seconded by
Linda Louchheim and unanimously adopted.

Time Noted: 4:05 pm
Dated: May 11, 2012

_______________________________
PATRICIA A. REMKUS
SECRETARY

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