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HomeMy WebLinkAbout1000-104.-8-2.1 ~_. I ~ II . T South old, N.Y. 11971 HENRY E. RAYNOR, Jr.. Chairman JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RlTCIllE LATHAM,Jr. WILUAM F.MULLEN,Jr. TELEPHONE 765.1938 November 11, 1982 Mr. Stephen Griffing, Jr. 120 Court Street P.O. Box 982 Riverhead, New York 11901 Re: Norman C. Boos Site Plan. Dear Mr. Griffing: The Planning Board requests the fOllowing information to be submitted to our office regarding the above captioned site plan. 1. A survey of the area designating the correct metes and bounds. 2. Removal of the two car slots located at the north- west corner of the property. 3. A planting and buffering schedule for the area. 4. A proposed surface map indicating a dust-free surface for the parking area. 5. A drainage plan for the area. Upon receipt of the above we will place this matter on the next available agenda of the Planning Board. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary . . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 2S SOUTHOLD. L.I., N.Y. 11971 TELEPHONE 15161 765.1809 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGDNIS. JR SERGE DOYEN. JR ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 17, 1982 Stephen F. Griffing, Jr., Esq. 120 Court Street, P.O. Box 982 Riverhead, NY 11901 Re: Appeal No. 2914 Rehearing - Norman C. Boos Dear Mr. Griffing: Attached herewith is a copy of the formal findings and deter- mination rendered September 16, 1982 and filed this date with the Office of the Town Clerk regarding the above-entitled matter. Please note that condition No. 2 requires submission of a parking plan to the Planning Board for approval. If you have any questions, please do not hesitate to call either our office or that of the building inspector (765-1802). Enclosure Copy of Decision to: Planning Board Building Department Mr. Angelo Petrucci Mr. and Mrs. Norman C. Boos Yours very truly, h"tv--4. ---r~A; - k<-"-rt.~ ,. } ~RD P. GO~~ER fI(!JE CHAIRMAN By Linda Kowalski Secretary .. , . . r' Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE 15161765.1809 APPEALS BOARD MEMBERS June 16, 1982 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 3'19 - OOID - -:Off,! Mr. Norman C. Boos One Cedar Street Massapequa, NY 11758 Re: Appeal No. 2914 Dear Mr. Boos: Today we received the enclosed correspondence from the Suffolk County Planning Commission. At your earliest convenience, please submit a sketch indicating the number of boat slips and available parking spaces (350 square feet each) on the parcel to be used solely for marina purposes. If you have any questions, please do not hesitate to call our office. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN ~ ' . eta..-) B~da F. Ko lski Secretary Enclosure , " " .---- CO'NTY OF SUFFOLK " . ~~'f/'t(J0 ~ /ile ~ Baard of Appeals! .fl:). TOIVnoI SOlithold '" DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING June 14, 1982 Town of Southold Board of Appeals Re: Norman C, Boos 1/2914 Gentlemen: Please be advised that pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application will not be reviewed because of noncompli- ance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Commission. The fOllowing information will only be accepted upon submission through the offices of the municipal referring agency. Please indicate the number of boat slips and available parking spaces on that ortion of the premises to be used for marina purposes. Thank you. Very truly yours, Lee E. Koppelman Director of Planning by '4~..M 4. 'J~ Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY . HAUPPA.UGE, L. I., NEW YORK . -;~..~ " Est. 1811I Rroadw'ters tOVt )1nriJtIl · BAY AVENUE (Skunk lane), CUTCHOGUE, L I.: N. Y. 11935 Secluded Dockage with Electricity -:--- ~~. "'nl..., 541_ w -, '1 Mailing. Address: Nannan c. Boos 1 Cedar St., Massapequa, N. Y. 11758 I July 14, lljk~ Southold Town Board of Appeals Main Road - state Rd, 25 Southold, NY 11971 Attn: Gerard P. Goehringer, Chairman Re: County of Suffolk Dept. of Planning Norman C. Boos #2914 '- Dear Mr. Goehringer; In accordance with your-request dated June 16, 1982, en- clos,d please find sketch showing entire property, pro- posed division line and further. indicating both the ,marina slips and parking allocated for ~ame. (43 spaces) As of this date, the most p_arking we have had at the marina at any one'time is 20 vehicles. Hoping -this enclosure will meet with your requirements.- If you bav~ any questions, please do not hesitate to call. <;:ordially, /J;~~~~~~;,? - _ ~~lnanc. Doos cc: Stephen L. Griffing Atty. enc. WE ARE NOT TO BE HELD RESPONSIBLE FOR INCLEMENT WEATHER, THEFT, FIRE, ACCIDENTS - OR OTHER CONTINGENCIES BEYOND OUR CONTROL . . . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE 15161765-1809 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWICKI S E P 2 0 REC'O September 17, 1982 Stephen F. Griffing, Jr., Esq. 120 Court Street, P.O. Box 982 Riverhead, NY 11901 Re: Appeal No. 2914 Rehearing - Norman C. Boos Dear Mr. Griffing: Attached herewith is a copy of the formal findings and deter- mination rendered September 16, 1982 and filed this date with the Office of the Town Clerk regarding the above-entitled matter. Please note that condition No. 2 requires submission of a parking plan to the Planning Board for approval. If you have any questions, please do not hesitate to call either our office or that of the building inspector (765-1802). Enclosure v/' Copy of Decision to: Planning Board Building Department Mr. Angelo Petrucci Mr. and Mrs. Norman C. Boos Yours very truly, .41-~V-?( r-~/l 'k<..:,u, ' - ) ~RD P. GO~';GER ~ CHAIRMAN ' By Linda Kowalski Secretary c~t>""" q\ 3-1>\\ d-' .~,..-- :-~..:~:>::::::: -;-. -',. .._.____. _~.._ __J. __.__._wc__~_~~:.___.~-~,:':'..- --,},~:,-,-_jj,. . "_ _..,:,i.-..:3_-:'. _,-..'~i"',,-,-.~.' .:.i":::"" .. . . Southold Town Board of Appeals MAIN RClAD. STATE RClAD 25 SClUTHClLD. L.I.. N.Y. 11971 TELEPHONE (5161765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. Application TO: 2914 Dated July 27, 1982 for a Rehearing Stephen F. Griffing, Jr., Esq. (For Norman C. Boos) 120 Court Street, P.O. Box 982 Riverhead, NY 11901 [Appellant (s)] At a Meeting of the Zoning Board of Appeals. held on September 16, 1982 . the above appeal was considered, and the action indicated below was taken on your ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance Article , Section rxxl Request for Variance to the Zoning Ordinance Article III , Section 100-31 Article V, Section 100-51 [] Request for The Public Rehearing in this matter was held on August 17, 1982. Rehearing in the Matter of the Application for NORMAN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Article V, Section '100-51 for permission to reduce land area for existing marina by dividing premises into two parcels, one as a marina and one for residential use, each having insufficient upland area. Location of Property: South side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue; west by Brickley; south by Gross; east by Hochbaum; more particularly identified as Suffolk County Tax Map Dis- trict 1000, Section 104, Block 8, Lot 2.1. This board by a unanimous vote agreed to review its original decision in this Appeal. This matter August 17, 1982. evidence, all of was reheard at a regular meeting of this board held on At such rehearing, appellant presented new and further which is set forth in the minutes .of said rehearing. Based upon such new evidence, this board finds that strict comprl- ance with the zoning code would result in practical difficulties and; accordingly, grants the variance SUBJECT, HOWEVER, TO.THE FOLLOWING CONDITIONS, to wit: 1. That the permission granted herein is only for the construction of one private one-family dwelling on the premises (comprising 117,871 square feet of which 47,364 square feet are under water), it being speci- fically understood that the marina located on the premises shall never be considered a separate parcel of property, and the entire premises shall remain in one ownershi~. [In effect, this property shall not be permitted to be subdivided with the existing uses.] 2. That a parking plan with a minimum of forty-three (43) parking spaces for the marina use shall be submitted to and approved by the Planning Board. 3. That thE new dwelling proposed to be constructed by the appellant shall be located on the premises as indicated on the map entitled, "Broadwaters Cove Marina," initialed by the Chairman on August 17, 1982; and that the construction of said dwelling shall com- ply in all respects with all laws and rules and regulations applicable thereto. (CONTINUED ON PAGE TWO) DATED: September 17, 1982. CHAIRMAN, SOUTH OLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 2914 Rehearing: Norman C. Boos Decision Rendered September 16, 1982 Location of Property: South side of Bay Avenue, Cutchogue, NY; more particularly identified as Suffolk County Tax Map No. 1000-104- 8-2.1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Absent was: Member Doyen (Fishers Island). This resolution was unanimously adopted. * * * RECEIVED AND FlLED BY THE SOUTHOLD TOWN CLEIlK DATE qJ7;f02 HOURJ.'5C"J?-0 ~d' .~ 'J'ut'-~..::;-:- ~ Town Clerk. Town o~d_ o. .~-.~.)- // .. . .. . ,J "",.~;., >P;!;',:'.1l/,' '/;~ ,.' .'~ . ._,~:,.',:,A: ;:-;;;:,~~'''?>.'' ~J /,-,,(~>,:,,~:-:'~',,~;;r"~"'.;:;"::':;".:'~'~"<'"'.;;i",'t-;. """,:'~m.w~....~~~~;:.:;;:~:! , \ '. JUl15 REC'O Southold Town Board of Appeals . . MAIN ROAD. STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE 15161 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2914 Application Dated October 23, 1981 TO: Stephen F. Griffing, Jr., Esq. 120 Court Street Riverhead, NY 11901 [Appellant (s)] At a Meeting of the Zoning Board of Appeals held on July 8, 1982 the above appeal was considered, and the action indicated below was taken on your ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a ] Request for Special Exception under the Zoning Ordinance Article , Section [x] Request for Variance to the Zoning Ordinance Article III, SectionS 100-31 and 100-51 [] Request for The public hearing on this matter was held on May 26, 1982. Upon application of NORMAN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-31, and Article V, Section 100-51 for permission to reduce land area for existing marina by dividing premises into two parcels, each with insufficient upland area. Location of Property: South Side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue; west by BriCkley; south by Gross; east by Hockbauer; more particularly identified as Suffolk County Tax Map District 1000, Section 104, Block 8, Lot 2.1. The board made the following findings and determination: This is an appeal for a variance of Sections 100-31 and 100-51 of the Zoning Code to set-off a dwelling parcel of land and thus reduce the area requirements of an existing marina located on the south side of Bay Avenue, adjacent to Broadwater Cove at Cutchogue, New York. The premises contain a total area of 117,871 square feet. However, the premises had been dredged to create a boat marina and an area of 47,364 square feet of the premises is underwater land. There is a total of 70,507 square feet of land above water. The premises is located in the "A" Residential and Agricultural District in which marinas are not permitted. The marina was in existence prior to the enactment of the Zoning Code and is thus a nonconforming use. Appellant proposes to set-off 45,546 square feet of the easterly portion of the premises and construct a dwelling thereon. The proposed dwelling lot will have a total area of 45,546 square feet of which 12,064 square feet is underwater and 33,482 square feet is upland. The Bulk Schedule forming a part of the Zoning Code requires a minimum lot size of 40,000 square feet for a dwelling in the "A" District, and a minimum lot area of 80,000 square feet for a marina in the "M-l" General MUltiple Residence District (the highest use district in which marinas are a permitted use). In a letter of this board to Appellant's precedessor in title, (CONTINUED ON PAGE TWO) ~~ V DATED: July 15, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS4 /?//' / '7 /- _ /k~v//~ /-/5 -?z. Form ZB4 (rev. 12/81) ,/- . . ~~:...:;;.de:':2L ',~. _.- '.J.... dated June 1, 1978 (offered in evidence at the hearing of this appeal by Appellant's attorney), the extent of the marina use at the date of said letter was for the docking of not more than 35 noncommercial boats. It is the position of Appellant that in determining the area of the property, the land underwater should be included in calculating the lot area of the marina parcel as well as the dwelling lot sought to be set- off from the marina parcel. Under such a view, the marina would have a lot area of 72,325 square feet and the resulting dwelling lot 45,546 square feet. The dwelling lot would conform to the bulk requirements, but the marina parcel would have approximately 90% of the required area. If only the upland area were to be included in determining the area of both parcels, the dwelling lot would be 84% of the minimum required lot size, and the marina parcel would have 46% of the required lot size. If only upland is used to determine the required area, the entire parcel has an upland area of 70,507 square feet or 88% of the area required for a marina use (in the "M-l" District). It has been the practice of this board in determining the area of a lot adjacent to tidal waters to include only the upland in determining the area of the lot. The board believes that such practice should be followed in this case. The area of the upland is important in this case since the premises are utilized as a nonconforming marina for 35 boats and will require substantial upland area for parking and other marina- related uses. Since the Appellant is requesting an area variance, it is incumbent upon him to demonstrate that strict compliance with the Zoning Code will result in practical difficulties. At the hearing, the only evidence presented on the issue of economic hardship was Appellant's attorney's statement that "the division of the lots into a residential and a marina...would undoubtedly produce a great deal more money in the event of sale." The only other evidence prese~ted was Appellant's statement that "The reason for dividing this land is strictly for liability. I wish to build a house there and live there, and I'd like it separated from the marina strictly for liability purposes. I have no intention of selling it. I would like to live there." The Appellant has failed to demonstrate that strict compliance with the Zoning Code would result in practical difficulties; and, accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, the variance is denied. Location of Property in Question: South Side of Bay Avenue, Cut- chogue, NY; County Tax Map Parcel No. 1000-104-8-2.1. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. .* * * j~CEIVED l:l.ND FILED BY -THE SOUTHOLD TOWN cLERK DATE 7!1-5/f.J.. HOt;3~ ~35f..f11 ~:6S;TO~f ~ thold ~ I I '. f l Ii -J ~1i ~ =.i __1 J ~ , ~' . ~ .' ~ ',' .4il1 ~l*, ~'$ " 'j;, If I ~, " ~, . ..., I . . J ',. "(-i\ -'/ l '(~j , 'j "Ja. I "" e,"; .' ."f :ii " " ~: ,f ...: z .... II:: ~ ~ o o rIl !Z E-o ~ I:::l ...: o ~ J" ',,' , '-, ' ., ",,- , "', ::!j~J'-'(":t' ~'.;. ~ ;. . ;~J~' ,.:!l ;!'~t I . 1. ~ "..-'-' t\. '1 '" ~ <'l j , ".,., .~ ./' ,~ ~ ",If: . -~ ~ :;:1 .,lu<.. \ \ 1,1; i' . I H' ,~ ' " ~ '.' \:' ill \ ',::: i 1---" J" ~,',- / ,-: )::: ~" ~ Irr / ~; . T'- , ~ " "- - 14 -.l <l U V) ~ '.... c4 .... \.U -::::.. <t:. ">-- .~j. 4: w.. . '" '" ~ '" .\ '~/1'J ~~1'-' ... '1i:1 m ~ , '" .. ~ ... \ III - ~ I ~ Q t- '" to- ... <Jo '" .. 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