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HomeMy WebLinkAbout1000-74.-3-15 APPEALS BOARD MEMBERS ff~erard P. Goehringer, Chairman t~\ ' James Dinizio, Jr. LYLodjaa ~. ' Jo°l~t?nrsa George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 October 5, 1999 Mr. and Mrs. Edward D. Dart 3070 Peconic Lane P.O. Box 1 Peconic, NY 11958 Re: Variance Appl. No. 4744 - Lot Size Variance Dear Mr. and Mrs. Dart: Enclosed please find a copy of the Appeals Board's approval with Conditions rendered September 30, 1999. Please be sure to file an application with the Town Planning Board and other agencies having jurisdiction in this proposed division of land. Very truly yours, Enclosure Copy of Decision to: Planning Board Office Building Department Decision filed 10/5 GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski MINOR SUBDIVISION ED DART A T PECONIC TOgN Off' $OUTHOLI SUFFOLK COUNT~ N. 1000-74-03-15 SCALE: 1"=100' AUG, 26, 1999 ! 0 0 o ~ o ,~x~ 0 _E,-)k't'~>--:D_¢_. _..!U£)Y L-. o APPEALS BOARD MEMBERS %~FFOL4 Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 30, 1999 APPL. NO. 4622 - EDWARD AND JUDY DART 1000-74-3-15 STREET & LOCALITY: C.R. 48 and E/s Peconic Lane, Peconic. DATE OF PUBLIC HEARING: September 30, 1999 Southold Town Hall (/~) 53095 Main Road /~ RO. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 130 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The property is 2.012 acres as exists and is T-shaped with frontages of 155.2 ft. on tine soutln side of C.R. 48 and 120 feet along the east side of Peconic Lane, Peconic. The property is zoned R-40 Residential. A survey by Roderick VanTuyl, L.S. dated November 24, 1976 shows a 2.-!/2 story frame house set back approximately 59 feet from the west front property line on Peconic Lane and more than 230 feet from the east rear property line. BASIS OF APPEAL: Building Inspector's September 1, 1998 and August 27, 1999 Notices of Disapproval of application to subdMde the property into two parcels. The reasons for the disapproval is that the proposed division would create a nonconforming lot of approximately 31,000 sq. ft. in the R-40 Residential Zone District where a minimum of 40,000 sq. ft. is required. AREA VARIANCE RELIEF REQUEb~r'ED BY APPLICANT: Applicants request a variance for a proposed division of land as ¢ollows: Parcel A of 55,920+-sq. ft. fronting Peconic Lane, and Parcel B of 31,000 sq. ft. of vacant land. The unimproved Parcel 'B', fronting on County Route 48 would be substandard (nonconforming). REASONS FOR BOARD ACTION: On the basis of tesbmony presented, material presented, and personal inspection, the Board made the following findings: (1) Applicant is attempting to sell the property. Its relatively large size, and its unconventional shape, are h~ndrances to the sale. Based on market response over the past year, Applicant believes that the requested division is preferable, both estheticatly and economically, to the division approved in Appf NO. 4622. (2) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the character and appearance of the improved lot fronting on Peconic Lane (Parcel "A'3 will not change, and the vacant lot fronting on CR. 48 (Oarcel "B') will be of a size consistent with the neighborhood. (3) There is no e,/id,~',ce tha£ grant of the requested variance will have an adverse effect or impact on physical or enw; onr,-,ental conditions. Page 2 - Appl. Nc,. 4622 Re: 1000-74-3-15 (Dart) ZBA September 30, ).999 Dete~mir,=.bon (4) Grant o, ~he clue;ccd variance is the minimum action necessary and adequate to enable Applicant to make his property salable while preserving and protecting the character of the neighborhood and the health, s?ety and welfare of the community. BOARD ACTION/RESOLUTION: C:n motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to G;d,i',-! thc variance as applied for, subject to the CONDITION that Parcel A (the larger parcel) shall be sub?ct to a covenant, to be filed with the Suffolk County Clerk, that will prohibit further subd~wsion. (J, ant of this variance for Parcel B is in consideration of and conditioned upon the ,topos,don of such covenant. A copy of the filed covenant shall be furnished for the permanent recol ds oi' tt ~ ~-3oard of Appeals. VOTE OF THE BOARD: Ayes:: Goehr,nger, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED b,/unaqimo(;s (5~0) vote of the Board. ~ ¢ ~ .-o 1000-74-3-15 (~) PLANNING BOARD 1VIEMB BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMER8 KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOVv~N OF SOUTHOLD TO: FROM: RE: Gerard P. Goehringer, Chairman Members Zoning Board of Appeals Melissa Spiro, Senior Planner~/<:~ Edward and Judy Dart ZBA Appl. No. 4744 SCTM# 1000-74-3-15 DATE: September 28, 1999 Please find the following comments in regard to the above mentioned application: The Planning Board has not received an application for the subdivision of the above mentioned property. The Planning Board's comments remain the same as those given for the prior application before the Zoning Board of Appeals (Appl. No. 4622). That is, the Planning Board recommends that if the ZBA proceeds with the granting of the variance, that it be conditioned on the recording of a deed restriction and a Declaration of Covenants and Restrictions stating that Lot "A" was created as part of a subdivision which allowed an undersized lot (Lot "B") and that due to this, there shall be no further subdivision of Lot "A" in perpetuity. It should be noted that the property is within the C.R. 48 Corridor Study Area, and a zone change, from R-40 to RO, is proposed for the subject parcel. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Gerard P. Goehringer, Chairman Zoning Board of Appeals Melissa Spiro, Planner Edward and Judy Dart ZBA Appl. No. 4622 SCTM# 1000-74-3-15 November 17, 1998 Please find the following comments in regard to the above mentioned application: The Planning Board has not received an application for the subdivision of the above mentioned property. The Planning Board recommends that ff the ZBA proceeds with the granting of the variance, that it be conditioned on the recording of a deed restriction and a Declaration of Covenants and Restrictions stating that Lot "B" was created as part of a subdivision which allowed an undersized lot (Lot "A") and that due to this, there shall be no further subdivision of Lot "B" in perpetuity. It should be noted that the existing dwelling is on the Society for the Preservation of Long Island Antiquities (SPLIA) list. - APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southo~Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516)'765-9064 Telephone (516) 765~1809 FINDINGS, DELIBERATIONS AND DETERMINATIO~outhoid Town MEETING OF NOVEMBER :19, 1998 Planning Board APPL. NO. 4622 - EDWARD AND JUDY DART :1000-74-3-:15 STREET & LOCALITY: C.R. 48 and E/s Peconic Lane, Peconic. DATE OF PUBI_ZC HEARING: October 15, 1998 and November 19, 1998 · .2: PROPERTY FACTS/DESCRIPTION: The property as exists consists of 2.012 acres with 155.20 ft. frontage along the south side of C.R. 48 and 120 feet along the easterly side of Peconic Lane, Peconic. The November 24, 1976 shows an existing 2-1/2 story frame house located 59+- feet from the front property line along Peconic Lane. The property is located in the R-40 Low-Density Residential Zone District. BASIS OF APPEAL: Building Inspector's September 1, 1998 Notice of Disapproval of application to subdivide the property. The mason for disapproval is that the proposed subdivision would create a nonconforming lot of approximately 28,438 sq. ft. in the R-40 ResidenUal Zone District where a minimum of 40,000 sq~,..,.required. AREA VARZANCE RELIEF REQUESTED BY APPLI~L¥~_ :~op_~ request made by applicant is for approval of a variance, in this divlision of . Parcel A of 28,438 Drain sq. ft. fronting Peconic Lane, and Parcel B of 58,221sq. ft. mai lng the same 155.20 ft. road frontage along C.R. 48. The existing single-family dwelling would be situated on proposed Parcel "A" with an 85+- ft. rear yard setback. A proposed building area (envelope) is not shown on proposed Parcel "B" at this time. REASONS FOR BOARD ACTION: On the basis of testimony presented and personal inspection, the Board made the following findings: Grant of the requested vadance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the character and appearance of the improved lot fronting Peconic Lane will not change, and a conforming lot, larger than most in the area, will be created fronting on C.R. 48. Page 2 - Appl. No. 4622 Re: 1000-74-3-15 (Dart) ZSA November 19, 1998 Determination 2. The requested variance is not substantial because the improved lot will be approximately the same size as surrounding lots and the unimproved lot will be substantially larger. 3. There are no factors present to indicate that the requested area variance will have any adverse impact on physical or environmental conditions. The requested variance is the minimum necessary and adequate, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTZONIACTZON: Goehringer, it was On motion by Member Tortora, seconded by Chairman RESOLVED, to GRANT the vari~~ for, SUBJECT TO THE CONDt'F[ON that Parcel "B" (the unimproved larg~~e subject to a covenant, to be filed with er the Suffolk County Clerk, that wi subdivision. Grant of this Variance for Parcel "B" is in consideration of and conditioned upon the imposition of such covenant. (A copy of the filed Covenant(s) shall be fumished for the permanent records of the Board of Appeals.) VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. (MEMBER Homing was absent at this time.) This Resolution was duly ADOPTED (4-0). .~. ' 'il GERARD P. GOEHRII~'GER, ~HAIR~Vf'Ar~/ .- ~:~'-'~:~ 11/21/98 Approved for Filing ~v" 1000-74-3-15,(~1~r~) 765-~8o9 Z:B~ tee 765-9o64 Z:BA re[e fax. MEMORANDUM TO: FROM: DATE: SUB3: Southold Town Planning Board Preliminary Recommendations Planning/Zoning Projects Planning Board ~ Board of Appeals ~r September 22, 2998 Re: Proposed Riqht-of-Way and 280-A AcCess for fire Vehicles (Five. Buildinq Lots) 1000~22-3-27. Our record shows that the Planning Board had/has jurisdiction in this area. Please describe actions or conditions relevant to this project. Thank you. Re: Faith Reform Baptist Use- Existinq Buildinq at 1000-124-21-17. This property is Zoned HB and contains existing building(s). An Interpretation i.s. being requ. ested regarding Section 200- 91A(12), or alternat,vely a Sl~..~al Exception p.nder Article Section 200-91B for religious meeting activities. ~ ~-~/~) Re: Laurel Links Golf Coorse and Siqn Variance (On-Site), Laurel. A Special Exception for Golf Activities has been filed. Variance for a Ground Sign has been filed and is based upon a Notice of Disapproval issued by the Building Inspector for this site. Re: Mr. and Mrs. Ed Dart. Proposed Set-Off/Division at C.R. 48 and 3070 Peconic Lane, Peconic. 2000-74-3-15. Size of house lot is substandard at 28,400+- sq. ft., and vacant land is proposed at S8,000+- s.f. Applicant proposes to retain same rear line as those immediately north. Re: Casa Bianca - Please confirm whether or not there has bccn any activity within the last 22 months with your department for any proposals. Thank you.