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Home My WebLink About1000-72.-2-2.1 Southold Town Board of Appeals ~ .~--,.. ~ 0..,,~. TELEPHONE (516) 765-1809 MEMBERS '~ ~'~ ~ ~_~ CHARLES GRIGONIS, JR. ~ ' *~'4 1988 ~igail A. W~ckh~, Esq. ~ ....... Wickh~, wickh~ & Bressler, P.C. - Main Road, Box 1424 Mattituck, ~ 11952 Re: Appl. No. 3744 -willi~ Baxter, Jr. Dear Gail: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. copies of same have also been furnished with the Planning Board and Building Inspector Offices for their files. In the event that jurisdiction for Access Approval is necessary by the Board of Appeals, the standards for improvements over the entire length of the right-of-way must be as follows (as a minimum]: (a) Improved minimum width of 15 feet wide with six inches (6") of soil removed and replaced with six inches (6") of bank run scarified into the surface; and (b) filling of any and all pot holes; (c) continuous maintenance in good condition. Yours very truly, GERARD P. GOEHRINGER Enclosure Copy of Decision to: ~ office of the Building Inspectors office of the Planning Board Suffolk County Planning Commission 0 oar o MAIN ROAD-STATE ROAD 25 SOUTHOLD, L,I,, N.Y. llCJ?l TELEPHONE (516) 765-180g APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS Upon application of WILLIAM BAXTER, JR. AND JANE BAXTER GOELLER for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of lot in a proposed set-off to be considered by the Planning Board. Location of Property: Private right-of-way extending off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-72-2-2.1 and 3. WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of WILLIAM BAXTER, JR. under Appl. No. 3744; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 072, Block 2, Lot 2.1 and 3. 2. The subject premises is vacant and contains a total lot area of 5.022 acres, as more particularly shown on the Map prepared by Roderick VanTuyl, P.C. dated March 10, 1987. Page-2 - Appl. ~o. 3744 Matter of WILLIAM AND JANE BAXTER Decision Rendered September 16, 1988 3. By this application, appellant requests approval of the insufficient lot area of not less than 67,483 sq. ft., having 130.08 ft. frontage along the Long Island Sound and 567.54 ft. average lot depth (referred to as Lot No. 2). Lot No. 1 will contain a total area of 151,301 sq. ft. with 224.83 ft. frontage along the Long Island Sound. The entire premises is accessible to Oregon Road, the nearest Town Street, by a private right-of-way within this proposed subdivision. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83) and lot width of 175 feet. 5. This Board does agree that the layout of the remaining section of land (established prior to May of 1983) does lend to the practical difficulties in this case and that the relief as requested is the minimum necessary as required by the Courts. 6. In considering this alternative relief, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that the relief requested is not substantial in relation to the current lot size requirement; (e) that the difficulties cannot be obviated by some method feasible for appellants to pursue, other than a variance; (f) that the relief requested is the minimal necessary under the circumstances; (g) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting a variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance for Lot No. 2 of an area of 67,483 sq. ft. and average lot width of 130.08+- feet, as applied Page 3 ~- Appl. No. 3744 Matter of W~LLIAM AND JANE BAXTER Decision Rendered September 16, 1988 in the Matter of WILLIAM BAXTER, JR. under Appeal No. 3744, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No further lot area reductions to less than 67,483 sq.ft, of this parcel; 2. All new construction must conform to the current zoning requirements. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki. (Member Doyen of Fishers Island was absent due to serious family illness.) This resolution was duly adopted. and lk GERARD P. GOEHRINGER CHAIRMAN FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ D,,t~.. (~.,~ff.. ! .q. ............. ~ 9 .~t 7.. ~-o ¢..' .,~...~.. ~.i~ .~. ?.~...~ ~ ,~ . ~ ~.~ ......................... .~.~. ~..~. ~-~ ?L~AS~ ?AK~ NOTIC~ fl~t your ~plic~lio~ dated . ,~.~.. ~R ......... 19 .~, .~. ,~ ~,~,,, ,o ~. ~.-~..~~ ............................... Hou~ No. ' ....... County Tax ~ap No. 1000 Sectio~ . .'.~.~.~ ..... Block .... ~. ~ ...... Lot .~.'~,~. ~ ..... Subdivision .................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ~...' .d?.~....~4 ...~.'... ~.o..I,.-..~.~.... ................. ~ .... ~~...%.....~ ...... ~..~ .... ~.~. ......... .............. Buih. ling Inspector RV 1/{~0 WICKHAM, WICKHAM & BRESSLeR, p.c. MAiN ROAD, P.O. BOX 1424 MATTITUCK LONG ISLAND March 19, 1987 2 01987 Southold Town Building Department Town Hall Main Road Southold, New York 11971 Attention: Building Inspector Re: Property of William Baxter, Jr. Dear Sir: We represent William Baxter, Jr., who wishes to subdivide his property as shown on the enclosed copy of the survey. Please send us the appropriate Notice of Disapproval so that we may make the necessary applications for approval. Enclosure Ver~ truly yours Linn Atkinson 'C . ME¥ i'4AP ,i BA"ZTEt2 Pi20PE17ZF'IES, tNC, ' CUTCBOGIJF_ TOWN OF' '~OUT!--,IOLD,