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HomeMy WebLinkAbout1000-48.-2-13IIENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCItlE LATHAbl, Jr. WILLIAM F. MULLEN, .Ir. ¢ Southold, N.Y. 11971 TELEPHONE 76:5- 19.38 September lb, 1983 Mr. James McMahon Community Development $outhold Town Hall Southold, New York 11971 Re: Christina M. Dinizio Greenport Housing Aliance Dear Mr. McMahon: The following action was taken by the Southold Town Planning Board, Friday, September 9, 1983. RESOLVED that the Southold Town Planning Board approve a set-off (106-13) as indicated on the map of Christina M. Dinizio, located at Greenport, with a condition that a single family residence only be permitted for each lot. Kindly supply our office with four (4) copies of the approved survey for endorsement of approval. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan Eo Long, Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c~OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, 3R. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March 5, 1984 Mr. Beverly Smith Greenport Housing Alliance 18 South Street Greenport, NY 11944 Re: Appeal No. 3198 - Christina M. Dinizio Dear Mr. Smith: Enclosed herewith is a copy of the official findings and determination filed this date with the Office of the Town Clerk concerning your variance application for your records. Yours very truly, Enclosure Copies of Decision to: Mr. James McMahon Mr. Merlon Wiggin Mrs. Christina M. Dinizio Building Inspector.f~' Planning Board ~/' GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 · TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3198 Application Dated and filed December 9, 1983 TO: Mrs Christina M. Dinizio [Appellant (s) ] Greenport Housing Alliance At a Meeting of the Zoning Board of Appeals held on February 11, 1984 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 Request for Variance to the Zoning Ordinance Article III , Section 100-30(A) Request for The public hearing on this application was held on January 25, 1984. Application for CHRISTINA M. DINIZIO, by the Greenport Housing Alliance, 18 South Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to establish two-family dwelling use on a parcel of land containing less than the required four-acres in this A-Residential and Agricultural District. Location of Property: North Side of Flint Street, Greenport, NY; County Tax Map Parcel No. 1000-48-2-13, part of 14, and part of Seventh Street. The board made the following findings and determination: This appeal is from a disapproval of an application to the Building Inspector to place a two-family dwelling on a portion of premises to be leased to the Greenport Housing Alliance, Inc. from Christina M. Dinizio. The premises are located on the north side of Flint Street near the Village of Greenport. This parcel has a frontage of 175.96 feet on Flint Street; a depth of 124.63 feet along its west side line; a depth of 165.32 feet along its east side line (the westerly boundary line of the Incorporated village of Greenport); and a rear lot line of 181.21 feet along the Long Island Railroad right-of-way. The premises are located in the "A" Residential and Agricultural District and contains a total area of 25,524 sq. ft. The appellant proposes to move a one-family dwelling building on to the easterly portion of the premises having an area of 12,348 sq. ft. with a frontage of 78.96 feet on Flint Street, and a two-family dwelling on the westerly portion of the premises having an area of 13,176 sq. ft. and a frontage of 97 feet on Flint Street. The appellant has appealed to this board for a variance (a) rehabilitate a two-family structure to be moved to the subject premises and (b) a variance due to ~ack of access. ~o Section 100-30(B) [1] of the Zoning Code permits two-family (CONTINUED ON PAGE TWO) DATED: March 3 , 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS PagA 2 - Appeal No. 3198 Matter of CHRISTINA M. DINIZIO Decision Rendered February ll, 1984 dwellings as a special exception and subject to site plan approval by the Planning Board. Section 100-31 of the Zoning Code provides for the bulk and parking requirements for lots located in the "A" Residential District. The requirements of Column A-80 of the Bulk and Parking Schedule are applicable to the one-family parcel, and Column A-160 would apply to the two-family parcel. It appears that the one-family parcel does not comply with the bulk schedule requirements with respect to lot area, lot width, lot depth, front and side yard requirements; and that the proposed two-family parcel is deficient with respect to lot area, lot width, lot depth, front yard, one side yard, and livable floor area of the second floor. Since the Building Inspector has disapproved a building permit due to noncompliance with Section 100-30(1) of the Code only, and since no appeal is before this board for noncompliance with the bulk requirements of Section 100-31 of the Code, this board is without jurisdiction to consider variances from the bulk requirements of Section 100-31 of the Code. Also, since the premises in question fronts along a 50' wide town road, the request by appellant for a variance due to lack of access would not appear to be proper under the circumstances. As previously indicated, two-family dwellings are only permitted by special exception of this board. However, no application for a special exception is before this board, and accordingly no such approval can be given by this board. For the above reasons, the Appeal must be denied, without prejudice, however, to reapply for the required variances and special exception approval. Since this board exercises appellate jurisdiction in variance cases, the notice of disapproval issued by the building inspector should be amended to indicate that the proposed division of the parcel into two lots does not comply with the bulk requirements of Section 100-31 of the Zoning Code. Section 100-30(B) of the Zoning Code provides that, in addition to the requirement that a special exception be granted by this board for the construction of a two-family dwelling, site plan approval must also be granted by the Planning Board. It is suggested that the aforementioned notice of disapproval be further amended to reflect this fact. In conclusion, it should also be mentioned that the Planning Board, by resolution adopted on September 9, 1983, approved the setoff or division of the premises into two lots. However, such approval was subject to the condition that "a single-family resi- dence only be permitted for each lot." No mention of such condition is set forth in the notice of disapproval issued by the Building Inspector. Until such condition is removed, it would appear that it precludes a two-family dwelling on the westerly portion of the premises. As indicated in the minutes of the hearing of this Appeal, this board is in sympathy with the goals sought to be achieved by the Appellant. However, it also believes that it is this board's duty to apprise the Appellant of the various code requirements that must be adhered to if the goal to be achieved is to be in conformity therewith. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, Page 3 - Appeal No. 3198 Matter of CHRISTINA M. DINIZIO Decision Rendered February 11, 1984 IT ES RESOLVED, that the application for CHRISTINA M. DINIZIO in Appeal No. 3198, BE AND HEREBY IS DENIED, WITHOUT PREJUDICE TO REAPPLY. Location of Property: East Side of Flint Street, Greenport, NY; County Tax Map Parcel No. 1000-48-2-13, part of 14 and part of Seventh Street. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, D~ug- lass and Sawicki. Member Doyen of Fishers Island was absent. This resolution was unanimously adopted. GERARD P. GOEHRINGER, CHAIRMAN March 5, 1984 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1978 September 14, 1983 Mr. James McMahon Community Development Southold TOwn Hall Southold, New York 11971 Re: Christina M. Dinizio Greenport Housing Aliance Dear Mr. McMahon: The following action was taken by the Southold Town Planning Board, Friday, September 9, 1983. RESOLVED that the Southold Town Planning Board approve a set-off (106-13) as indicated on the map of Christina M. Dinizio, located at Greenport, with a condition that a single family residence only be permitted for each lot. Kindly supply our office with four (4) copies of the approved survey for endorsement of approval. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:0UTHOLD, L,I.. N.Y. 11~'71 TELEPHONE (516) 765-1809 January 27, 1984 Mr. Beverly Smith Greenport Housing Alliance 18 South Street Greenport, NY 11944 Re: Appeal No. 3198 - Christina M. Dinizio Variance for Two-Family Dwelling Use Dear Mr. Smith: In reviewing the map that was recently approved by the Planning Board, it was found that the subject parcel has frontage along Flint Street of approximately 87.98 feet; however, no other dimensions were given. Please provide our office with three surveys depicting the exact dimensions of this particular lot together with the total square footage thereof (inclusive of the 25' of Seventh Street), and the easterly side yard setback distance. Thank you for your assistance and cooperation. Yours very truly, CC: Mr. James McMahon Mr. Victor Lessard Mr. Merlon Wiggin GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERTJ. DOUGLASS JOSEPH H, SAWICKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11971 T~[~PHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY, on Wednesday,_Januar~[__2_5, 1984 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of NORTH FORK BAPTIST CHURCH, by G.L. Horton, Box 21, New Suffolk, NY 11956, for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A) [1], 100-31, and Article XI, Section 100-118(D) & (E)~ for permission to construct modular home containing less than 850 sq. ft. of livable floor area and reinstating the use of this structure as a one-family residence, exceeding the limit of dwellings permitted on this parcel in this A-Residential and Agricultural District. Location of Property: North Side C.R. 48, Mattituck, NY; County Tax Map Parcel Nos. 1000-]41-2-16, 17, 18, ].9, 21, 21.1. 7:35 p.m. Application of EMILY P. RIDGWAY, Box 251, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to construct accessory building for use as caretaker's cottage and garage in addition to existing dwellings on this 9~ acre parcel located at Fox Avenue, Fkshers Island, NY; County Tax Map Parcel No. 1000-6-1-3. 7:40 p.m. Application for CHRISTINA M. DINIZIO~ by Greenport Housing Alliance, 18 South Street, Greenport, NY, for a Variance to the Zoning Ordinauce, Article III, Section 100-30(A) for' per- mission to establish two-family dwelling use on a parcel of land containing less than the required four-acres in this A-Residential and Agricultural District. Location of Property: North Side Flint Street, Greenport, NY; County Tax Map Parcel No. 1000-48-2-13, and parts of 14 and part of 7th Street. 7:45 p.m. Application for HERBERT R. MANDEL, by Garrett A. Strang, 54655 Main Road, Box 1412, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sJ.deyard setback at the East Side Inlet Lane Extension, Greenport, NY; County Tax Map Parcel No. 1000-036-02-026. l, age 7- Legal Notice gs for 1/25/84 '~:50 p.m. Application of DOUGLAS CASTOLDI, ~;5% Eugene's Road, Cutchogue, NY for a Variance t'o the Zoning Ordinance, Art[cie VI, Section 100-61 for pcrmissxon to construct additi~n to restaurant leaving iin insufficient frontyard setback. Location: K,.mney'n Road and No~th Sea Drive, Southold, N~i (Beachw~od Cafe); County T~ x Nop Parcel No. 1000-54-5-22~ p.m. Application for D.J. CLAUSE hNTERPR~SE~, by William %'.~ 8:00 Esscks, Egq., 108 East Main St, Riverhcad, NY £or a Variance to the Zoning Ordinance, Article VII, Section i00-71 for ~pproval of insuffi- c]~:nt area and width of parcels in this proposed division of ]and at the East. Side Love Lane, Mattituck~ NY; County Tax Map Parc{ds No. 1000-140-3-3.1, 42.1~ 42.2, 43. For informatien concerning the above matters, please centact Lin,ia Kowalsk] at 765-1809 (or 1802). Those persons having an [nto~est in any oI the above matters may appear at the ~J. mo ,2nd pi. ace specified herein. Dated: January 10, 1984. BY ORDER OF T}]i.] SOUTNO[D TO~qg BOARD OF APPEALS GEiiARD F. GOE~RIN{? CHA [ R~kN NOTICI< TO NEWSPAPERS: Please publist~ once, to wit: Tnursnay, January 19, 1984 and forward one affidavit of pub!.]catJon to: Bo,~zd of Appeal.~{, ~ain. Road, oouih~..~d, NY ]]971 o,~'.~>r' J]nualy 1984. Copies have been provided for each of the followhn9 1/16/84: Mr. O.L. Horton, Box 21, New Suffolk, NY (for North Fork B,.q:~tist Church) North Fork - '~" .. Baptz~.. Church, C.R. 48, Matt[tuck, NY Mrs. Emily P. Ridgw,ly, Box 2_1, Fox Ave, Fishers Island, NY 06390 Mrs. Christina M. Dinizio, Greenport, NY 11944 Gre,~noort Housing Alliance, ]8 So~t:h Street, Mi . (]al'lett A. Strang, Box [432, Southold, NY (fo? H.R. Nandei Mr. Herbert R. Mandel, In]~t Lane Extension, Greeliport, NY Douglas Castoldi, 855~,ag;,m~' -~ ~'' s Road, Cutchogue, NY ~9TM (Beachwood Cafe) Suffolk Times, Inc, ior publication [,.I. T.~iaveler-Watchm~m, Inc. for publication Supervisor F.J. Murphy Town Board Members Town Attorney Planning Board Chalrman Building Department Z.3.A. Members Town Clerk Bulletin Boa~d ~'[~. ~t / , THE WATER SUPPLY AND SEWAGE DIS~SAL j THIS RESIDENCE WILL ~*O~ SYSTEMS FOR ............ CONFORM TO THE STANDARDS OF THE . . ~ , ~UFFOLK CO DEPT. OF HEALTH ~E~VICES ..... SUFFOLK COUNTY DEPT OF HEALTH SERVICES -- FOR APPROVAL OF G~'[:~h4 P O [~ T CONSTRUCTION ONLY DATE: SUFFOLK CO TAX MAP DESIGNATION: DIST. ~CT. BLOCK ~o~ o48 ~ ~, ~/o OWNERS ADDRESS: TEST HOLE STAMP ~N ~w. RECEIVED BY . ~ SEAL ~0~ TOWN P~NING ~ ~ P~TE ~ "~, ~RICK VAN TUYL, P:C: ~J LAND SURVEYORS GREEN~RT NEW YORK r ~'L INT' N. 8~"'4'7 '10" V',( ^~ - RECEIVED BY SEP ~ DATE I 0 TOWN O,= ,S;;~UT~-iOLD, N.Y:. FL IF4T 97.0 'lC)"