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Home My WebLink About4652c ?mac Town Hall, 53095 Main Road COD Fax (516) 765-1823 P.O. Box 1179 Oy Telephone (516) 765-1802 Southold, New York 11971®l �a BUILDING DEPARTMENT TOWN OF SOUTI[OL.Z? X12@ 01YEE' MEMORANDUM �q�`� MAR 1999 TO: G. Goehringer, Chairman ZBA FROM: E. Forrester, Building Department 4?,� DATE: March 11, 1999 RE: Request for interpretation 'Storage Trailers' File #4652 At this time I would like to withdraw my request for a generic interpretation on the above referenced subject. Recent applications received would negate the generic nature of the request. Thank you for your consideration. cc: Town Attorney I 1 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. BOX 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: January 6, 1999 RE: Zoning Appeal No. 4652 - Southold Town Building Department Transmitted herewith is Zoning Appeal No. 4652 - SOUTHOLD TOWN BUILDING DEPARTMENT submitted by Edward Forrester for an interpretation concerning Town Code 100-31 C(1) . There is no fee for processing this application. Vp"dPe (Owneri` Wilhelm fiankcn). beryardiand related activities;;,w'-hich I is a request for.. ii'�!lpecial bse is nonc6in 6i in. this I tion under Article`�i�,XX, ... HamletrBusme'si nc7 District. Section 100-101B-12 to -esti6lish'�:a Location of Prooeft�' 33650',Miin ndi�,RetaU'Gi!�'SWes-Coiiiniince , Road, Mattituck, NY;J2oimt`y"Parcel Store. Loc�aii8n"bf"iRropeAy,:�:74495 No' .' 1000-1 14-11-243.1:"�17�: J"" Main,'Road, Greenport; NV,",'Ibounty The Boardof Appeals will,at said Tax Map No. 100045-441,.(or 4). time and place hear: �ny,andi �11. per - . 1 I 7:16 pm. Appf'-Nos.` 4667• and ns or, representativ g4 o.be. sons ) eAesu# 'b `6-1`6@6n, 4670 — JOHN -AND LUCIA;SICA. -heard ida he a ovev, PP Ic"•dr. A Variance is iequested--tindir the d'e's'iring't'o-':submii,.-Writtdii-.',- s fiate-' Southold Town. Zoning Code, merits before concluding 4lie. hear-" Article XXIV., Section 100-244B and mg.,liach4hearing willmoYstart earli- Article XXIII' Section 100239.411 er, than ',.aesignatM..-F - 96s:pr'e';.availm for permission to locate proposed able for review during regu144bwn dwelling with setbacks at -less than Hall business hourv..(8-4 O.h.). If 75 feet from the existing bulkhead you have questionsi,"please -4o not and -less than 40 feet from thei front hesitate to call'(516)j65-'1809. property line (facing private right- Dated: March 8,1999: of -way)., Location of Property: BY ORDER OF THE Private right-of-way extendingoff SOUTHOLD TOWN the south side ofNiiin, Road" �'(S.R.' BOARD. OFA013ALS 25), East Marion, -NY," Parcel -1000- GERARD R G64HR.INGER 3144-9.- CHAIRMAN 7:20 pm. Appl. No. 46611= DR. By'Linda Kowalski FRANK AND,. -JEAN MIRCHEL. 1633-ITM11 This is a request'for a;Variance _lV, Section 100 under Article XX 244B-. based upon :a Notice of • Disapproval issued January 27; 1999 for approval of the setback location ' of an "as built" addition to dwelling v NOTICE OF located at 2485 Yennecot Drive, PUBLIC HEARING Southold, NY; County Tax Map SOUTHOLD TOWN Parcel 1000-.55;.4.-16.. BOARD'OF APPEALS 7:25 p.m. Appl. No: .,4664 THURSDAY, MARCH -25,1999 ROBERT LUSTGARTEN (Joseph Tavanno, Contract Vendee).,Tbis is STATE OF NEW YORK) NOTICE IS HEREBY GIVEN, a request for a --Variance. under )SS: pursuant to Section 267 of the town Law and the -Code of the Town of Article XXIV, -Se:cti,on 100-244B, based upon A Notice of Disapproval SUF COUNTY OF FOLK) Southold, the following applications - issued January,'10,-` 1999 to construct ` A " -\ F. T15 of Mattituck, in said \J 9 Cl/ - bcy will be held for public hearings by new dwelling; after' dem�lishing the SOUTHOLD TOWN BOARD existing dwelling, which .building County, being duly sworn, says that he/she is OF.:APPEALS, at the Southold io""Hall, ' 53095 Main Road, area :will exceed- the 20% code limitation for •to-tal lot cOverige and Principal clerk of THE SUFFOLK TEVIES, a Southold, New 'York -11971, on THURSDAY, MARCH 25, 1999 at be located less than 35 feet'llioni the front property line. Location of weekly newspaper, published at Mattituck, in the times noted below (or as soon Property: 2575-. Old Orchard Lane, the Town of Southold, County of Suffolk and theieafter�as,possible)-. I , "' ' Appl. -East Marion,. NY, County Tax Map ' 1000-37-6-7.1. State of New York, and that the Notice of which 6:30'. P . W. No. 4652 — BUILDING DEPARTMENT by 7:35 p.m. Appl. No. 4666 — the annexed is a printed copy, has been regu- EDWARD FORRESTER. This is a - request for a, Town -Wide Inter- ROBERT AND JOYCE BARRY. This is a request for a' V#riance larly published in said Newspaper once each p elation with regard to the under Article III-A,.Section 100- 1-0 week for weS�successively, Southold Town Zoning code, Ar - 30A.4. based...upon a Notice of ticle III, Section 100=31C(1), Ac- Disapproval. dated January -22,1999 . comment g on the day cessoty Buildings and Structures, for to construct new detached two -car of Mao 19 an .answer to the Building 136- garage with second flobr attic, locat- partmentls*Queition: ed in a yard other than therequired 1 „,Is a structure — that was off- rear yard. This parcel is a comer lot West L1:V inalW;designed and -intended to known as 875 Cove'Roaj (at be for. - hicular use -::-'a structure West Loop), '-'Nassau' ` Point, Principal Clerk that can construed to be a cus- Cutchogue, NY; County . Tax Map tomary structure or use that is 1000-111-3-18;, also referred to as customarily incidental to the Orin- Lot 20 on the Subdivision ;Map of - Sworn to b fore me this cipal use?” 6:35 pm. Appl. No. 4662 — -Alonzo Jersey.' 7-45. p.m. Appl. No. 4669 day of 19 PATRICIA RUSHIN & PAMELA MOTTLEY. This is a -request for V ' Article 111, GERALDINE:FERENP. This is a re quest for of Lot under Article 11, Section 100-26,.regarding & )STER , ?2 fARY PUBLIC, STATE OF NEW YORK N101 MARY DIANA F( ar"lances under 160-32, Lot #249,- consisting NO. 52-4655242, SUFFOLK COUNTY Sections 100-33, and Section of ap- EXPIRLS AUGUST 31,191 100-235A(2) based upon a Notice of proximately 26,000 sq. ft.. in area, Disapproval. issued December 10, -shown on Amended Map A of 1998 in,this pending subdivision pro- Nassau Point Club Properties. In the jeciti.as . follows: Notice of Disapproval issued June (#Insufficient lot width for each .22,1998, the Towndetermined that pippo—sed Parcel A,'and B, for the lot has'been-mierged with Lot 6e..single-family:dwelling use #250. Location; of Property: 5125 on -each Parcel;. and 5345 Viinston Road, Cutchogue, (b) .Insufficient lot area of pro- NY; County Tax Map Parcels, 1000- 'pbwd-Parciel A- 111-14-1 and 2..,,' ,(c),lisuffi6ent sideyards for each 735 p.m..'Appl. No. 4671 — proposed Parcel -A and B; 'HENRY L. FERGUSON,' MU - (d) 'Insufficient total side yards SEUM. Variances. are: requested' for each proposed Parcel A under Article XXIV,'Section 100 - and B. 241-A and Article - III,- Section 100- .-(e) Proposed ParceVB — with 32- basod:.4": two � 14diices of no safe and convenient ac. Disapproval., issued :. February 2, cess".. 1999, for permiiiionto. construct (f) Bathhousiistructure on Parcel addition with insufficient front yard setbaek(s) - and :"alterations' to an Location- of Property; 6850 Indian existing.uouc6iifhrming. (Museum) Neck .Lane; Peconic, NY; County use in this R-86 Residential -Zone Tiki- Map Parcel 1000-86-7-5 (con- District. Location of Property: N/W taming 3.431 acres). "of, Equestrian . Avihu6 (Bell- Hill . W % pin. Appl.. No. 4655 — J., Avenue and West Street),'. Fishers BOYLE AND HANDS FUEL:CO. Island, NY; County Taxi -Map No. (Continuation from February '23, 1060-009-04-11.1 . '4668 1999). Use of abutting strip of R-80 8:05 p.m.. Appl. No. — Residentially Zoned Land. N/s Main SOUTHAMPTON - LUMBER 'is Road, Orient, NY, part of 1000-18-2- CORP. This a request for a 33. Variance under . Article. XXIV, 7*00 p.m. Appl. No. 4660 — Section 100-24.1-G, for permission to EMPIRE PETROLEUM, . Contract reinstate (re-establish) use as a lum- y�c Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 BUILDING DEPAPTMENT TOWN OF SOUTHOLD MEMORANDUM TO: G. Goehringer, Chairman ZBA FROM: E. Forrester, Building Department DATE: January 5, 1999 RE: Request for interpretation CAI, P ` � x,1619,2 -�/LlGs� I cim- Fax(516)765-1823 Telephone (516) 765-1802 § 100-31. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A -C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. Accessory uses, limited to the following uses and subject to the conditions listed in § 100-33 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. The question arises when a property owner proposes to place a trailer on a parcel as an accessory storage structure. These trailers are either mobile homes, shipping containers, or construction trailers that will have the wheels removed and placed on blocks or a slab. The interpretation sought in this request is " is a structure that was originally designed and intended to be for vehicular use a structure that can be construed to be a customary structure or use that is customarily incidental to the principle use" ? A REQUEST FOR GENERIC INTERPRETATION The following information is requested at time of submitting an official Request for a Generic Interpretation. Once the application has been reviewed and calendared by the Board, a Notice of the Public Hearing will be published and Notice will be provided for attendance by you or representative at the hearing. (Note: Appeals for an Interpretation specific to a single project or landowner are not generic and would follow the procedural rules of the ZBA and New York Town Law.) A. Name of Building Inspector or other Official making Request for Interpretation: �� 2 ��,2 2Es ►2 B. Give entire Provision of Code Section and Sub -Section, for example: 100-31C. (Please do not give in part.) /00 - 3/!2_11y C. Describe how the Code Provision is unclear or vague, and the specific question or inquiry. (Attach sheet, if necessary.) D. please give similar example(s) from prior town records (same Code). Please provide Permit #, or photocopy. E. If Code Provision does not apply to all zones, please give Zone District applicable to this Interpretation request. F. If property size applies to your request, please furnish: sf. G. Other: Unless otherwise noted in the Interpretation request, the proposal would be treated as "new construction or new use" rather than an `existing nonconforming set back or use.' Dated: 1/ sl q rf (Signatur _,Z" r• Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 MEMORANDUM �°�Og1DFf0(,�coG o y� C* = BUILDING DEPARTMENT TOWN OF SOUTHOLD TO: G. Goehringer, Chairman ZBA FROM: E. Forrester, Building Department DATE: January 5, 1999 RE: Request for interpretation -661— ria Fax (516) 765-1823 Telephone (516) 765-1802 § 100-31. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A -C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. Accessory uses, limited to the following uses and subject to the conditions listed in § 100-33 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. The question arises when a property owner proposes to place a trailer on a parcel as an accessory storage structure. These trailers are either mobile homes, shipping containers, or construction trailers that will have the wheels removed and placed on blocks or a slab. The interpretation sought in this request is " is a structure that was originally designed and intended to be for vehicular use a structure that can be construed to be a customary structure or use that is customarily incidental to the principle use" ? REQUEST FOR GENERIC INTERPRETATION The following information is requested at time of submitting an official Request for a Generic Interpretation. Once the application has been reviewed and calendared by the Board, a Notice of the Public Hearing will be published and Notice will be provided for attendance by you or representative at the hearing. (Note: Appeals for an Interpretation specific to a single project or landowner are not generic and would follow the procedural rules of the ZBA and New York Town Law.) A. Name of Building Inspector or other Official making Request for Interpretation: C -o olA a -0 F� .2 Es ► 7L S. Give entire Provision of Code Section and Sub -Section, for example: 100-31C. (Please do not give in part.) /010 - 314�y',�_ - C. Describe how the Code Provision is unclear or vague, and the specific question or inquiry. (Attach sheet, if necessary.) D. Please give similar example(s) from prior town records (same Code). Please provide Permit #l, or photocopy. E. If Code Provision does not apply to all zones, please give Zone District applicable to this Interpretation request. F. If property size applies to your request, please furnish: sf. G. Other: Unless otherwise noted in the Interpretation request, the proposal would be treated as ""new construction or new use" rather than an `existing nonconforming set back or use.' Dated: 1l51R of (Signatur yyUpdated oL //,�-)h� - FOR BOARD AND STAFF USE New Information NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 25, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MARCH 25, 1999 at the time noted below (or as soon thereafter as possible): 6:30 p.m. Appl. No. 4652 — BUILDING DEPARTMENT by EDWARD FORRESTER. This is a request for a Town -Wide Interpretation with regard to the Southold Town Zoning Code, Article III, Section 100-31C(1), Accessory Buildings and Structures, for an answer to the Building Department's Question: "Is a structure - that was originally designed and intended to be for vehicular use - a structure that can be construed to be a customary structure or use that is customarily incidental to the principal use?" The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available .for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: March 8, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copy Received by 3/ /99 or Building;-IDept . NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 25, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the. following application will be held for a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MARCH 25, 1999 at the time noted below (or as soon thereafter as possible): 6:30 p.m. Appl. No. 4652 —.BUILDING DEPARTMENT by EDWARD FORRESTER. This is a request for a Town -Wide ,Interpretation with regard to the Southold Town Zoning Code, Article III, Section 100-31C(1), Accessory Buildings and Structures, for an answer to the Building Department's Question: "Is a structure - that was originally designed and intended to be for vehicular use - a structure that can be construed to be a customary structure or use that is customarilX incidental to the principal use?" The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: March 81 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski