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HomeMy WebLinkAbout2770 TOWN OF 8OUTHOLD, NEW YORK ACTION OF THE ZON'I~G BOAR,D OF APPEALS AppealNo. 2770 Application Dated December 3, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Rudolph H. Bruer, Esq., as attorney for Marianne Well Appellant at a meeting of the Zonin~ Board of Appeals on J a n u a r y 2 2, was considered and the action indicated below was taken on your (X) Request /or variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. I I I, ( ) Art. XlV, 1 981 the appeal Sec. lO0-30C, Sec. lO0-141B 1. ~g~~/~l~)X~(1~/~~x~F~/y~(~1(rKh~e~/X~/~/~K)~x//t~/d/a~x~vy~/d/~i~//n ( ) be ~ranted ( ) be denied pursuant to Article .................... ~etion .................... Subsection .................... pera~raph .................... of the Zoning Ordinance and the decision of the Building Imq~eetor ( ) be reversed ( ) be confirmed becanse P u b 1 i c H e a r i n g: 8: 30 Marianne 'Weil, Skunk Lane, Cutcho Esq.) for a Variance to the Zonin lO0-30(c){1)(c) and Art. XlV, Sec p.m. Application of gue, NY (by Rudolph H. Bruer, g Ordinance, Art. III, Sec. · lO0-141(B) for permission residential area exceeding he main building, and a Variance Town Law Section 280-a. Loca- ff the west side of Youngs Ave- private right-of-way (King); to establish home occupation in a 30% of the area of one floor of t for approval of access, New York tion of property: Right-of-way o hue, Orient, NY; bounded north by west by Kroepel; south by Reybine; east by High; County Tax Map Item No. lO00-18-1-10. {SEE REVERSE SIDE} 2. YAR!ANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the'Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and FORM ZB4 ZONING BOARD OF APPEAI~ After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking variances: {1} for permission to establish a home occupation, to wit, art studio, occupying 68% ofone floor of the principal building, and {2) for approval of access along a 20-foot preexisting right-of'way off Youngs Street and extending approximately 180 feet to the property in question. Existing on the premises is a preexis~ngbuilding, substantial in size, in disrepair. The road in question is approximately 9 feet clear and unobstructed and appears to have been a well-traveled farm road for many years. It is the consensus of the Board that 68.75%, more or less, is excessive and 40% would be feasible in light of the foregoing. The Board finds that the relief granted of 40% of the occupancy of one floor of the principal building for home occupation use would not be substantial in relation to the Code requirements; that if this relief is granted no sub- stantial detriment to adjoining properties will be created; that no adverse effect is produced on available governmental facilities of any increased population; that no substantial change is produced in the character of the neighborhood; and that the interests of justice will be served by granting ithis relief conditionally as specified below. The Board also finds that the granting of the variance for approval of access is not substantial in relation to the Code requirements; that if the variance is granted no sub- stantial detriment to adjoining properties will be created that no adverse effect is produced on available government a--F facilities of any increased population; that no substantial change is produced in the character of the neighborhood; that the difficulty cannot be obviated by some method feasibl~ for the appellant to pursue, other than a variance; and that the interests of justice w~ll be served by granting approval of access. · g sC . n ri On motion by Mr. Dou lass, e onded by Mr Goehri ge RESOLVED, that Marianne Well, Skunk Lane, Cutchogue, York be granted: (l) a Variance for permission to establis~ home occupation in a residential area exceeding 30% of the! area of one floor of the main building and (2) a Variance)forl~;I appr°val °f access, SUBJECT TO THE FOLLOWING CONDITIONS:/ (1)The home occupation shall not exceed 40% of the ~,~ of one floor of the main building; (2) No commercial or other type of business shall be con- ducted on the premises; (3) The access road shall be improved from Youngs Avenue to 'the property line of applicant at the point of the garage area; (4) The' access road shall be improved according to the specifications of the Board of Appeals for access roads for 15 feet in width and the length indicated in (3), supra. (5) The access road shall be maintained clear 15 feet at all time~. ' ~~~~'~ -~ Location of property: Right-of-way off the west side of Youngs Avenue, Orient, NY; bounded north by private right-of-way (King); west by Kroepel; south by Reybine; east by High; County Tax Map Item No. lO00-18-1-10, mm Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the following matters..will be held for public heraings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Monday, December 29, 1980: 7:35 p.m. Application of Peter V. Izzo, 919 Harlane Circle, N. Bellmore, NY 11710 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at the west side of Pine Tree Road, Cutchogue, NY; more particularly known as Lots 34 and 35A, Map of Nassau Farms, Map No. 1179; County Tax Map Item No. 1000-104-2-9 and 10. 7:50 p.m. Application of Nicholas D. Yuel~s, 6159 Broadway, Bronx, NY 10471 for~a Variancetto the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 28, Greenport, NY; bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000- 44-1-19. 8:05 p.m. Application of Wilbur A. Baldwin, 1725 Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct attached garage with an insufficient sideyard setback at 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. l; County Tax Map Item No. 1000- 104-13-2.4. Page 2 Legal Notice of Hearings December 29, 1980 Meeting - Board of Appeals 8:15 p.m. Application of james P. Latham, 580 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct new dwelling with insufficient sideyards at 1490 Village Lane, Orient, NY; bounded north and west by G. Latham; south by McNeill; east by Village Lane; County Tax Map Item No. 1000-24-2-14. 8:30 p.m. Application of Marianne Weil, Skunk Lane, Cutchogue, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30(C)(1)(c) and Art. XIV, Sec. lO0-141(B) for permission to establish home occupation in a residential area exceeding 30% of the area of one floor of the main building, and a Variance for Approval of Access, N.Y. Town Law, Sec. 280-A. Location of property: 'Right-of-way off the west side of Youngs Avenue, Orient, NY; bounded north by private right-of-way; west by Kroepel; south by Reybine; east by High; County Tax Map Item No. 1000-18-i~10. ~ OTHER MATTERS SCHEDULED FOR 12/29/80, RECESSED FROM PREVIOUS MEETINGS: 8:45 p.m. 9:10 p.m. Application of Roy C. Schoenhaar, for approval of insufficient area and width of four proposed parcels and for approval of access. Application of North Fork Motel, Inc. for permission to change existing motel use to condominium or privately-owned-units type use. DATED: December 4, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, December 11, 1980 and forward affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971. LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the. Town Law and the Provisions of the Amended Code of the Town of Southold, that the following matters will be held for public hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Monday, December 29, 1980: 7:35 p.m. Application of Peter V. Izzo, 919 Harlane Circle, N. Bellmore, NY 11710 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two propos- ed parcels located at the wes} side of:Pine Tree Road, Cut- chogue, NY; more particular- ly known as Lots 34 and 35A, Map of Nassau Farms, Map No. 1179; County Tax Map Item'No. 1000-104-2-9 and 10. 7:50 p.m. Application of NichOlas D. Yuelys, 6159 Broadway, Bronx, NY 10471 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct accessory building in the froutyard area at 56005 C.R. 28, Greenport, NY; bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000-44-1-19. 8:05 p.m. Application of Wilbur A. Baldwin, 1725 Nas- sau Point Road, Cutchogue, NY~ for a Variance- to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct attached garage with-an insufficient sideyard setback at 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. 1; County Tax Map Item No. 1000-104-13-2.4. 8:15 p.m. Application of James P. Latham, 580 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for permission to construct new dwelling with insufficient side- yards at 1490 Village Lane, Orient, NY; ,bounded north and wlmt by G: Lath_am; south by.McNei]l; east by Village Lane; Cr v Tax Map Item No. 1000-. -14. 8:30_.p.m. Anolication of Marianne Well, Skunk Lape~ -.Cutchogue, ~NY ~'~)~)' H. Bruer, Esq. ) for a Variance to the Zoning Ordinance, Art III. Sec. 100-30(C)(1)(c) and. Art. XIV. Sec. 100-141(B) for. per._rnjssjpo~ to establish homo _occ~upation_in a reside huiial~NTY OF SUFFOLR, area exceeding 30% ._.of th,~[T~ OF N~-W YORK, area 6f0ne.'fl~or~_~. the ma.:n building, and a Variance for Approval of ss: Access, N]_Y._]'oax~ Gustavson being duly Sworn. Town Law, Sec. 280-A. Loca- ' .................................. tion of property:Right-of-way~ . . . off the west side of Youn~ that Sh~. is Printer and Publisher of the SUFFOLK Avenue, Orient, NY; bounded north by private right-of-way; EKLY TIMES. a newspaper published at Greenport, in said west by Kroepel; south by . . Reybine; east by High; Coun:4~XY· and that the notice, of which the annexed is ~m printed ty Tax Map Item No. 1000-18-1- 10. OTHER MATTERS SCHED- ULED FOR 12/29/80, RE- CESSED FROM PREVIOUS MEETINGS: 8:45 p.m. Application of Roy C. Schoenhaar, for approval of insufficient area and width of four proposed par- cels and for approval of ac- cess. 9:10 p.m. Application of North Fork Motel, Inc. for per- mission to change existing motel use to condominium or priva tely-owned-units type use. DATED: December 4, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1TDll-3580 .has been published in the said Suffolk Weekly Times in euch week, for . .qn.e ........................ weeks uessively commencing on the ~ ~ th o! . .~.e.q.ember ~ ~. 19. ~.Q turn to before me this of ... ~ece~tbe..r .... 198,0 .. ............... .... HELEN K. DE VOE NOTARY POfltt¢, ,ghie ef Nt, W No. 4/07878. Suh,t~ le:m Expires ~'t~rcn 30, LEGAL NOTICE- OF HEARINGS NOTICE IS HEREBY GIVEN;-pUrsuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the foliowifig matters will be held for public hearings by the Southoldl Town. Board 'of Appeals at the Town Hall, Main Road, Sout~o. Id, NY on Monday, December 29, 1980. 7:35 p.m. APPlication of Peter V. Izzo, 9.19 Harlane Circle, N. Belimore, ~ 11710 for a Variance tath~ Zoning Ordinance, Art. HI,.=Sec~ 100- 31 for appr°val o~ ~sumcient ·rea and width of two. pro- posed parcels leeated at ~e west side of SelTree Road, . Cutchogue~ NY; more partic- ularlyimown as Lots 34 and 35A, Map of Nassau Farms, Map No. '1179; CoUntY Tax Map l~em No. 1000-104-2-9' and 10. ~:S0 p.m. Applichtiun of Nicholas D. Yuelys, 6159 Broadway~ Bronx, NY 10471 for a Variance to the Zoning OrdinanCe, Art. IH, Sec. 100- 32 for permission to construct accessory building in the front- yard area at 56005 C.R. 28, Greenport, NY; boun~led north by LL Sound; west by Can- dan; south by C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000-44- 1-19. 8:05 p.m. Application. of WilbUr A. Baldwin, 1725 Nas- sau Point Road, Cutchogue, NY for a variance to the Zoning Ordinance, Art. III, See. 100-31 for permission to construct attached garage with an insufficient sideynrd set- back at 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Na.~au Point Club Properties I~ No.. 1;. County Tax Map~}tem No. 1000-104-13-2.4. 8:15 p.m. Applicati°n of ~ James p. Latham, 580. ,Plum Island Lane, Orient, NY fora Variance to the zoning Ordin- ance, Art. IH, See, 100-31 for permission to construct new dwelling with insufficient side- yards at 1490 Village lane, Orient, .NY; bounded north and west by G. Latham; south by McNeiH; east by Village Lane;' Cou~y T~s? Map' Item No. 1000-24-2-14, . 8:30 p.m. Application of Marianne Well Slmnk l_~ne: - Cutcho~ue~ NY (by RudolOh ~/ H. Bruer, Esq.)for a Variance _ ~-~t-6~l~e ~onmR 'Or~nn~t~-- ~t~_ _. ",~-~. 100-~0~c) (I) ~e~ ~ '"~'~sion to establi~h"daome ..... __o. cc~upation in a reSide"'~inL arena e~tceedin~ ~0% ~f the area of one floor of the main ~' buildinl~, and a Variance fort ---~i of AcceSs, N.Y. catio~n~.~g property: Right-of. · way off the. west sid~_~_~f right-of-way; west by Kroepel; High; County Tax Map Item No. 1000-18-1-10. · OTHER. MATTERS SCHE- DULED FOR 12/29/80, RE- CESSED FROM PREVIOUS MEETINGS: 8:45 p.m.. Application of Roy C. Schoenhaar, for approval of insufficient area and wi~h of ' four proposed parcels aud for approval of access. 9:10 p.m. Application of North Fork Motel, Inc. for permission to change existing motel use to condominium or privately-owned-units type Use. DATED: December 4, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., Chairman 1T, 12/11/80 (4) COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH:MAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................ /. ...................... weeks successively, commencing on the ..... /../. ........................... da~ ......... : ....... , 19,...~.. (~,) //~-- Sworn to before me this ................................ day of Notary Public CLEMENT J, THO~PSON NOTARY PU~,LIC, State of New York !~o, 52-9321725 ~esiding in Suffolk Coun~ ~.^ Commission Expires March ~, ]g.,;L~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date~..c...~.~..r~.~..."C.. ..... ~ .......... , 19...~..(~. · o .~~.z~.~..~.~. .... ~..~.,......~.. ....... ...~..~ ...... ~...~ ............................................. ........ ....... PLEASE TAKE NOTICE that your application dated~.~.~..c....~.~.~...~...~.~.....~.. ...... ~ ....... , 19..?....C). for permit to construct t~.~.Z.....~...cr..~..~.? ........... at the premises located at .....~.'....O.i.:..../~...Z ..... ..6~.....~?~' ~.~ ..... .~....~...x~.~.~.., ..... ©~.c~.~.~..,....~s~.~ x~ ^Xop .....r.r..x ..... z...~....~.... Brock ........... ..o....< ............ : ............. Uot ....... .~C~ "~ ........................... returned herewith and disapproved on the following grounds zf~.~'~.C,4.~.../..Q.,,~...~.~.~'.~'....' .... · ~.. c.c. ~.~.~...,~..~:~.e~.. ~..././.~.~.~%. ~.....~.a .~ ...... ~ .... .,~..,~.x..~......~..c..x.~.~..z.~o. ....... ..C.........c~...c.c..j ............................................................. ~ ......... . ,... . .:.~.~.: ~.. .~..:.~..~:.-:..:..:.'r. .~"~ ~ :.. Building Inspector TOWN OF~'SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.''~' ?TD . . .......... v'TO THE ZONING BOARD:OF APPEALS, TOWN OF SOUTHOLD, N. y." '- 1, (~;~) .~.I.~..~.I.L ................. ~..' .... i ........ of (:No 9)'Skunk Lane Name of Appellor~t Street and Number Cut chogue N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .... ~...~..~..~.~...~..~...~.......~..)....J..~.~..~..~.~) WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ) Name of Applicant for permit of ....... ....... .......................... 5treat and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATIONOF THE: PROPERTY .W.'./...s.~.Y...~..u..n..g~.s.~..A..v..e..".~.~...r..i..e...n.~.~.N..:..Y..:.~.~.A..T..R..e...s.~.~..c].e....n..t..i.al ..... Street - ~ Use 'District ~n Zoning 'Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 100-30, Subsection C(i} (c) -and- Article XIV, Section 100-14lB 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to.lack of a~cess (State of New York Town Law Chap. 62 Cons. Laws '-Art. ':16 SeC. 280A Subsection 3 ..... 4. PREVIOUS APPEAL A previous appeal (l~ff,) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ......... :' (/~) A Variance to Section 280A Subsection 3 K ) A Variance to the Zoning Ordinance ( ) ~. .. ,.- - . is requested for the reason that appellant will rec~ire t~e use of more than thirty percent ~(30%) of the.area of one (1) floor o~f'th® main building for the purpose of carrying on her occupation. AND access to the premises is by way of a 30-foot right of way f~om Youngs Ave. l~orm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. ST~RI~CT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary'HARDSHiP becaus~ appellant would be unable to convert the existing building (barn) into a residence with sufficient area allocated for use as an art-studio., and appellant would be unable to gain access to the premises. -, i~ ......... 2. The. hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because renovation of the subject , .:.pr, em~'ses_, will entail .the conversion ,of ,a barn into a residence and art studio '-' ~' '" ....... 'requiring more' than 30% Of the area of the building. 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no additional structures will be created, and neighboring properties also gain access over same said right of way. STATE OF NEW YORK ) ) SS : cou NT¥-OF 'S~FFOLK 7 --- H.- B'rue~, attorney for appe£-ant Sworn to this - - is-t' ' comber ............................................ : ............ ........................................ ';. 19 80 I~IARY DIANA FOSTE~ ~× ~)OTARY PUBLIC, State of New No. 52-4655242. Suffolk Coun~ Commission ~pJres ~arch 30~ L.EFIrER'I'~ P. EDBON RUDOLPH H. IBRUlrR AI'TORNEYI AT LAW MAIN ROAD ,OUTHOLD, NEW YORK !1,7! March 20, 1981 Mr. Charles Grigonis, Jr. Chairman, Board of Appeals Town of Southold Town Hall Southold, New York 11971 Re: Appeal No. 2770 Marianne Weil ltoarrl o!Appeal Tov;n of Soulhold Dear Mr. Grigonis: We are in receipt of your letter of March 18, 1981. It is not in accordance with my prior understanding. Would it be at all possible for me to meet with you for ten minutes to talk this over? Please advise. Brue r RHB/df Southold Town Board of Appeals MAIN RE)AD- STATE RE)AD 25 BE)UTHE)LD, L.I., N.Y. llg?l ' TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki March 18, 1981 Rudolph H. Bruer, Esq. Edson & Bruer Main Street Southold, NY 11971 Re: Appeal No. 2770 - Marianne Weil Dear Mr. Bruer: After having several telephone conversations with you, and you with our office, it is my understanding that it is unclear to you as to what the Board technically requires by Condition No. (3) of our Decision made January 22, 1981. Condition No. (3) should be construed to mean that the right-of-way in question should be improved according to the Board of Appeals specifications for a width of 15 feet and a length of approximately 180' which extends from the westerly side of Youngs Avenue to the northeasterly side of applicant's property. If you have any further questions regarding this matter, please feel free to call. Yours very truly, CG:lk CHARLES GRIGONIS, JR. CHAIRMAN I COUNTY OF SUFFOLK 0 DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN DIRI~CTON OF PLANNING Town of Southold Board of Appeals ./ Applicant: Mun. File No.: S.C.P.D. File No.: Marianne Well 2770 SD-81-3 February 10, 1981 ~U~U[UtU Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced applicatio~ which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Use of a diminished percentage of floor area and other business use restrictions warrant consideration. Very truly yours, Lee E. Koppelman DirectOr of Planning by TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals 765-1809 TOWN OF SOUTHOLD '"""""'-, .....,. CL."'~,~'S Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ....... E[Qa~'d..Of. A,o.J~e {~.l.s. ........... of the town of..S.q u.t.h.q 1..d ................... (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) Appeal No. 2770 ................ New and recodified zoning ordinance Marianne Weil ................ Amendment to the zoning ordinance by Rudolph Bruer, Esq. Mai n Road ................ Zoning changes Southo1 d, NY 11971 ................ Special permits ........ .X...X.... Variances Ar't. III, Sec. 100=30C(1)(c) Location of affected land: ~R~"~W~=f~f~s~t~S~i~de~f~Y~uzt~Av~e~=n~t~G~D~-~-~ - 1 0 within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ........ X.X... State or county road, parkway or expressway $ o R o 2 5 ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned Parcel on which a public building is situated Commenu:Public Hearing was held 1/22/81, and ZBA approved home occupation of 40% maximum of area of one floor of main building, and approved access, subject to conditions shown on the attached photocppy of decision; Date :2. Z.~.~)...8.. ] ............................... Date received by Suffolk County Planning Commission File No ................................. (signed) is..Lt,....S...e..c..."..e. ........... Title Southold Town Board o ppeals -ll- Decemb 2!9, lg80 anyone here to speak for this? JAMES LATHAM: My name is James Latham; I'm the applicant. I would just like to add a little of the background information. Origi- nally when I put in the foundation, I was sick when the contractor came and poured it and I wasn't there, and because it's such a small lot, it's a pretty small area to try and fit that house in exactly right. And he evidently poured it a little too close to the north side, which I wasn't aware of. And when I went ahead and tarred the foundation and called the Building Department, and the Inspector came down and approved it to go ahead and build the house on it. I didn't become aware to exactly how close it was until we got the final sur- vey from Mr. Van Tuyl, which is just recently. Had I known that it was insufficient at the time just with the foundation in, then I would have come before the Board at that time before I invested all that extra money in building the whole house on it. MR. CHAIRMAN: by Van Tuyl. Yeah, this shows'.'the survey made October 17, 1980 MR'. LATHAM: Yeah. Well at that time I didn't realizer, that I was going to have to, whether it was too close or exactly What it was. MR. CHAIRMAN: Thank you. Is there anyone else to speak for this? Anyone wishing to speak against it? Do you gentlemen have any questions, Bob, you're familiar with the area. Do you have anything to say about it? (There was no response from the audience.) MEMBER DOUGLASS: No I don't have any questions. MR. CHAIRMAN: reserving decision. I'll make the motion closing the hearing and MEMBER DOUGLASS: Seconded. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of James P. Latham in Appeal No. 2768. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. PUBLIC HEARING: Appeal No. 2770. Application of Marianne Weil, Skunk Lane, Cutchogue, NY (by Rudolph H. Bruer, Esq.)'for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-30(C)(1)(c) and Art. XIV, Sec. lO0-141(B) for permission to establish home occupation in a resi- dential area exceeding 30% of the area of one floor of the main building, and a Variance for Approval of Access, N.Y. Town Law, Sec. 280-A. Location of property: Right-of-way off the west side of Youngs Avenue, '~Orient, NY; bounded north by private right-of-way; west by Kroepel; south Southold Town Board of peals -13- Decemb 2 , 1980 (Mr. Bruer continued): is considered part of your residence of your house. This is, the appeal, is from this area here, which will be used in a sense of business I think, this is not being used as a business-type thing (work area). This is the area that we're appealing from. MEMBER GOEHRINGER: be display area. When you say,'you're talking this is going to MR. BRUER: It's not going to be display. MEMBER GOEHRINGER:' It wouldn't be display-type, retail? MR. BRUER: No. No retail. MEMBER GOEHRINGER: No retail. MR. BRUER: No. It's not going to be a retail establishment. Her works are exhibited in New York. Just to do it. This will not become a retail establishment. MEMBER DOUGLASS: May I ask a question. What is the nec-essity of going that little amount over the allowable 30%? MR. BRUER: Well, I would say-- MARIANNE WEIL: Excuse me. MR. BRUER: Would you like to answer that question? MISS WEIL: The work area that I'd like to use is about 68% of the total space, and I think that the allowable area is 30%. MEMBER DOUGLASS: Um. MR. BRUER: It's area room creates the light I would assume. MISS WEIL: Yeah. Oh yeah. I do large paintings. MR. CHAIRMAN: garage area. I'm just wondering. MEMBER GOEHRINGER: garage area. No, it doesn't. This 68% must include the It doesn't include the MISS WEIL: The 68 doesn't include the garage-storage area. That's an open area. MEMBER DOUGLASS: That's right. It's just doors. MISS WEIL: MR. BRUER: Yeah. This is open. ~ Southold Town Board o ppeals -15- Decemb 29, 1980 MR. GARDNER: Thank you. MR. CHAIRMAN: Is there anyone that has anything they want to say for this? Anyone to speak against it? (There was no response.) MEMBER DOUGLASS: and reserve decision. I'll make a motion that you close the case MEMBER GOEHRINGER: Seconded. MR. CHAIRMAN: It's been regularly moved and seconded to close the hearing and reserve decision until a-little later. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in the matter of Marianne Weil in Appeal No. 2770. Vote of the Board: Ayes: ringer and Sawicki. Absent was: Messrs. Grigonis, Douglass, Goeh- Mr. Doyen. RECESSED HEARING: Appeal No. 2674. Application of Roy C. Schoenhaar, by Gary Flanner Olsen, Esq,, Main Road, Mattituck, NY ,for Variances to the Zoning Ordinance: (a) for approval of insuffi- cient area and width of parcels to be established in a proposed subdivision, Art. III, Sec. 100-31 and (b) for permission to reinstate preexisting nonconforming sideyard setback, (c) for approval of access, New York Town Law Section 280-A. Location of property: South side of Route 25, Mattituck; bounded north by Route 25; west by Matt Agency, Jarzombeck, Roth; south by Mellender; east by Pumillo, Hallock, Steinhart, Jackson, Bilianos; County Tax Map Item No. 1000-143-2-33.2. The Chairman reconvened the hearing at 8:50 p.m. Mr. Olsen agreed to dispense with the reading of the legal notice, and relevant documents. MR. CHAIRMAN: 'This is a°recessed hearing on ant application down in Mattituck. Mr. Olsen, do you have something you want to add to what we already have on it? GARY FLANNER OLSEN, ESQ.: Gary Olsen, attorney for the appli- cant, Roy Schoenhaar. This is a continuation of a hearing which we had some time ago, and I believe there are at least one new Board member. So maybe I'll repeat myself a little bit; but I think perhaps it might be important. This application may appear to be complicated and perhaps a little difficult on its face, but actually I don't think it really is. There are basically three or four things that we're looking for. This is a two-stage applica- (L]~!tion. One we have to go before the Zoning Board for our variances, and then we would also go before the Southold Town Planning Board. LEFFERTS P. BDSON RUDOLPH H. BRUER AI'rORNIrYI AT LAW MAIN ROAD BOUTHOLD NEW YORK ! 1071 January 26, 1981 (518) 788-1222 (514) 7eB-2.800 Charles Grigonis, Jr. Chairman, Board of Appeals Town of Southold Town Hall Southold, New York 11971 Re: Appeal No. 2770 Applicant: Marianne Weil Premises: Orient, N.Y. Tax Map: 1000-18-1-18 Dear Mr. Grigonis: After checking with your office on Friday, January 23, 1981, it was brought to my attention that the above matter was approved subject to improvements to the access road to Board of Appeals specifications. We consider thia de~ision arbitrary and feel it ~aces undue hardship on our client. As an alternative, our client is agreeable to clearing the road of brush, overhanging limbs etc. to make the road passable to a width of 25 feet. With this proposal in mind, we ask that you reconsider your decision. Thank you for your attention to this matter. ~//"'" H · Br ue r RHB/df RESOLVED, that rights-of-ways, private roads or other means of access to one or more parcels of land or buildings be approved subject to the following requirements: Such access road shall have a width of not less than 15 feet. Such access road shall be cleared of all trees, brush and other obstructions to a width of 15 feet. Such access road shall be improved in EITHER of the following methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend~so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; OR (b) Shall have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then 'be covered with a layer of two to four inches of three-quarter inch stone blend, or in the alternative, oiled with a minimum of four-tenths of a gallon of road oil per square yard. No any acc her )ulldi_~g perm~t,~h,&ll be issued for the construction of bui~gs or~ruttures on~remises~ :s71s r~!e~/~ed un~V al12f the ~ndi~6ns set ~orth )' d ~/-~. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant shall be required to construct such drainage facil- ities as may be recommended by the Town Engineer. Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERR;' TUT.'.'.: LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki TYPE II ACTION DESIGNATION NOTICE OF NOSIGNIFICANT'EFFECT UPON THE ENviRONMENT Pursuant'to Section 617.13 of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conser- vation Law, and Section 44-4 of the Southold Town Code, the South- old Town Board of Appeals has determined the following-described project is classified as a Type II Action, not having significant adverse effects upon the environment. Pursuant to Section 617.5(a) of the New York State Environmental Quality Review Act, no further determination or procedure is required herein. This declaration should not be considered a determination.made for any other depart- ment or agency which may also be involved or any other project not covered by the within application. Applicant has submitted an environmental assessment in the short form which indicates that no adverse effects were likely to occur to the environment. Property is not located within 300 feet of tidal wetlands, and pursuant to Art. 25 of the Environmental Conservation Law, Sec. 661.4(B)(1) and 661.7, no permit is necessary from the N.Y.S Department of Environmental Conservation. ^p..plicant's ~ame: MARIANNE WEIL. Appeal No. 2770. Description of Project: Permission to establish home occupation in a residential area exceeding 30% of the area of one floor of the main building, and approval of access to the subject property, located on a R-O-W off Youngs Avenue, Orient. 1000-18-1-10. Date and Place of Public Hearing: 12/29/80 at 8:30 p.m.at the Southold Town H"~I'I', Main Road, Southold, New York. Documents on File: Appeal Application, Notice to adjoining prop- erty owners with ~'a'il receipts, Surveys or Sketches of the proposed project, Notice of Disapproval from the Building Inspector, Notice of Hearing, Environmental Assessment in the short form, photocopy of the County Tax Map showing this property and the surrounding area, and other documents as may be required. Person to Contact for Additional Information: Linda Kowalski, Secretary to the Board of Appeals, Town Hall,'M'~in Road, Southold, New York 11971. Telephone(516) 765-1809, or 1802 (Building Inspector). Dated: December 4, 1980. Copies to: Applicant or his agent. Town Clerk's Bulletin Board. Supervisor, Town of Southold. SHORT.ENVIRONMENTAL ASSESSI4ENT FORI.4 ~.NST~UCTIONS: (o) I~ order to'answer tl~e qUestions in this short EAF it is assumed that the preparer v/iii use currentiY avoiIobIe information concerning the project and the iikeIy impacts of the action. It is not expected that odditionoI studies, research or other investigations w/Ii be undertaken. (b) If any question has been answered Yes the project may be significant and o compIeted EnvironmentaI Assessment Form is necessary. (c) If aii questions have been ans~,;ered No it is iikely ¢hat. this. project is no~ s~gniFicont. (dj E'nv&'ronmen~al Assessment ' ' .. ~. Will project result"'in a large physical change- to the project' site Or physically alter more . " than 10 acres of: land?... ............. .. .. . . .. . Yes::X.No 2. Will there'be a major change to any unique or N -unusual land form found on the sits? ..........: Yes, X 0 '- 3. Will project .alter or have a large: effect'on existing body of water? ......... ' ..............: Y~:X '4.. Will project haVe a potentially large impact , on ground~vater quality? ....................... Yes: 'No_ 5. Will project significantly effect drajna.ge adjacent sites? ' YesX flo~ · ~. Will project affect any threatened or endangered plant or animal species? ........... _ Yes..X' No. 7. Will project result in o major adverse effect i qu lity? .: ' j Yes x No On 0 r a,¢ - . - ~,' .... .'- .... '. ' ' '' *' ' °' '~z - - 8. Will project have amojor effect on'visual "' character of the community or scenic views or. vistas known to'be imporiont ~o the community?_ 'Yes,×,',No '9. Will project adversely impact any site or . structure of historic/ prehistoric or . paleontological importance or any site designated as a critical envir'onmentol o~eo · N by a local agency? ........... -;~=..-~.v.--.-.~'~..~. ,YesX, o 10. Will project have o major effect on existing or future recreational opportunities? ........., YesX::::NO "11,. Will pro~ect result in.major traffic problems .. o~ cause a major effect to existing transportation systems? ....................... ._ Yesx. ,, , 12. Will project .regularly cause objectionable odors, noise, glare, vibration/ or electrical· _. ' disturbance as a result of the project's operation? ' ' ' Yes x No 13. Will'Project have aay impact on public health or.safety? .................................... . . , Yes_ ~x No 14. Will p~oject affect the existing community by directly causing o 9rov/~h in permanent · population of more than 5 percent over o one year period or hove o major negative e~fect on the charo~'(er o~ the community or Yes × No neighborhood? ................................. ; 15. Is there public controversy concerning' the Yes X No ~ ' . ~ /.I R~olph H, Bruer - REPRESENtiNG Marianne Weil, Contract vendee DATE~ 12/1/80 December 1, 1980 (Today' s Date) TO: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Marianne Weil Location of Property: Orient, New York Tax Map No. 1000 - 018.00 -~01.00 - 010.000 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of ~the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet o~ tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at' leasf 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. £ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Ix] Is not located within 300 feet of tidal wetlands to-the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] ~ly yours, ~r, Esq. A~torney for Appellant JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 December 3, 1980 TELEPHONE (516) 765-1801 To' Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2770, application of Marianne Weil for a variance. Also included is Short Environmental Assessment Form, Notice of Disapproval from the Building Department, Surveys and Notice to the following adjoining property owners: Lawrence Reybine, Orient, New York, E. Geoffrey High, Main Road, Orient, New York, Robert T. Kroepel, 2610 Oaklawn Avenue, Southold, New York. BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : : MARIANNE WEIL : to the Board of Appeals of the Town of Southold : TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (S:lelX:iat:~~k~~ixk(xltmcRitll:illekl~xldJelEx 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: See attached photocopy of Suffolk County Tax Map 3. That the property which is the subject of such Petition is located in the following zoning district: A- Residential 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: permission to convert the existing building (barn) into a residence and art studio requiring more than 30% of the area of the building, and approval of according to Town Law. access 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Article III, Section 100-30, Subsection C(1) (c) and Article XIV Section 100-14lB 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)/then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and-designated for the publication of such notices; that you or your representative have the right toappearandbeheardatsuchhearing.Dated: December l, 1980 ~~~~~/~~~ ~e~°n:r-~I~o~O~e~.onB~er' Attorney Post Office Address Main Road Southold, N.Y. 11971 NAME PROOFOFMAILING OFNOTICF ADDRESS Mr. Lawrence Reybine Mr. E. Geoffrey High Dr. Robert T. Kroepel Orient, New York 11957 Main Road ' Orient, New York 11957 2610 Oaklawn Avenu~ Southold, New York 11971 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Mary Diana Foster , residing at (No 9) McCann Lane Greenport, New York , being duly sworn, deposes and says that on the 3rd day of De cember ,19 80 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at $outhold, :;ew York ; that said Notices were mailed to each of said persons by (certified) (~e~) mail. Sworn..te-I%efore me this 3 rd da~6f_D.e~e_m~er. ,~ ,,/19~/~0 Mar~Diana Foster RUDOLPH H. BRUER Netew Public, Sims of New Yml~ No. 52-0465530 (~u~ed in Suffolk ~__ . ~emmmaion Ex~t~ March ~001~1 ,6',~. 7..'~ ~o -coz- 0 .' I c?~ / 3.9A(c) SCHOOL DI~T, IN ORIENT 9.2 NEW YORK le ~,~A(c) 26 2,3 A(c) J'.3A (C) Z4A(c) ~0 2.4 &( · ) 2.3A(c) · 16.$ A(c ) Id~W ~ 34 22.2 A(c) A(c) Legend 18 12.§A (c) MATCH 23 O. OA(c) LiNE NO. 027 SEC:. NO. 027 1 r'~¥"'~;. ', ..... (~) COUNTY )FSUFFOLK ..... -: ~-_-.. ..... -~ .... ,-~ .....Real Properly Tax Service Agency Yl~t~9~gE' _ .... : ~L~[~ County Cent~ ImSTRI~. lO00 -- o ' Rverhead [ I. New York ' ' J 6 $ t.SA~ c I SEE SEC. NO..O23 · SEE SEC NO. 130 8 1.4A(, cl 15.$ '5.2. ALc') 15.4 3.2 A (c) / t9 1.9 A *... 2.2A · 16 ~' 21. lA 2.4A(c ) I. IA(c )-,. R.?.5 Ik. (~ COUNTY OF SUFFOLK ...... TO~,N~ ~LD.__ 200 400 ~e -' , - _~ IR al Property Tax Service Agency VILLAGEOF -,' ': ~ . :..;.. ' ~:.: t~:::~?~'~'~: " 6 -' ~ ~---c'~:' 25.2A(c) ' ~"...,':-.'¥'-"}~:.~. '-- '~"-' FOR PARCEL NO. ' -'~ '. SEE SEC O23-O3-OOI ---: .,__ SEE SEC NO. 023 : . . ~ .. SECTION NO. ~ROPERTY MAP , OwN OF ~:u,: m~.. cl~ $CA, L.E-4.0" t' ._. ....... r LICENIED LAND SURVEYORS GREENPORT NEW YORK ~ATEM~NT ~ .~.T~NT " co~FOR~ TO 'T~ S~*~*.~ ~ T~ ~FFOLK CO. DE~. OF H[A~TH ~RVICE$. (S)' A~iCAN+ -' ,, ~F~K CouNTy DEPT. ~ HEALTH sg;v~cEs - ;o~ APP;OVAL CO~TRUCT~N ONLY H. S. REF. ~.; A~OVED:. ONAU/HO~ ~T~A~ON - ' '" SECTION 7209 OF THE N~W YO~ STA~ EDUCATION LAW. COPI~ OF THIS SURVEY ~AP HOT BEARING THE LA~D ~U~,VEY~'S EM~5~D SEAL ~HALL N~T ~ CONSiDEReD TO B~ A VAUD TLU~ C~FY. GUARANTE2S ~'D~CA]d} HI~R[ON 5HA~ E~ J ONLY TO THE CE 15 F~EFA~[D, AND TITLE COMPANY, TO THE ~I~EB Of o~ ~AL