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Home My WebLink About4604 & 4603APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS: DELIBERATIONS AFID DETERIVlINATI[ON REGULAR IVlEETING OF DECEMBER 10, 1998 Ap, pl. No. 4604 -ARTHUR TORELL PARCELS 1000-33-2-:10 & 1:1 STREET & LoCAl: 365 and 465 Westwood Lane, Greenport DATE OFPUBLIC HEARING: September 24, t998 and. December 10, 1998 FINDINGS OF FACT pROPERTY FACTS/DESCRIPTION= The subject property is located on the westerly side of Westwood Lane, Greenport. The property is shown as Lot No 67 and No. 68 on the 1965 Hap of Eastern Shores (duplicate submitted) at Greenport, Section Two. The property was acquired by Arthur R. Torell, Jr. by deed dated April 24, 1971, which deeds refers to Subdivision Hap Lots 67 and 68 (not by metes-and-bounds). The IVlap of Eastern Shores was filed with the Suffolk County Clerk's Office August 10, 1965 as File No. 4426 Abstract No. 5155. The subject property is vacant land and consists as a total land area of 46,214 sq. ft. The original sizes of the lots in question shown on the Hap of Eastern Shores are 24,756 sq. ft. for Lot 67, and Lot 68 at 21,458 sq. ft. ' BASIS OF APPLICATION: Building Inspector's August 4, 1997 Notice of Disapproval with regard to inadequate setbacks under Article XX~V. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting either: a) reduction of the 15 ft. required side yard setback to 10 ft. for the proposed location of a dwelling with garage; or b) reouction of lot size of the northerly lot (68) from 21,458 sq. ft. to 20,403 sq. ft. to allow for a 15 ft. side yard setback on Lot 67, which would result in an increase of lot area for the southerly lot (67) from 24,756 sq. ft. to 25,811 sq. ft. REASONS FOR BOARD ACTIONt DESCRIBED BELOW: On the basis of testimony and record presented and personal inspection, the Board makes the following findings: The subject lot slopes downwa¢d to the south, and a substantial part of the southerly portion of the lot is wetland. These topographical facts significantly constrain applicant's ability to build on the lot, and the proposed house is consequently long, Page 2 - Appl. No. 4604 Re: 1000-33-2-11 from,) D~ber 10, 1998 ZBA D~Bbn narrow and close to the northerly property line. The adjoining lot (SCTM 10) owned by applicant is significantly ;smaller ~.an the subject lot and would be reduced a further 1055 sq. ft. if the proposed change in lot line were made. The Board believes that grant of a setback variance is preferable to creation of greater nonconformity in the adjoining lot. Grant of the requested setback variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the proposed house will cover only a small part of the lot and will be set well back from the street, so that the small side yard setback will not create a sense of crowding. The requested setback variance is not expected to have an adverse effect or impact on physical or environmental conditions because this application is subject to Town Trustees' approval. Grant of the setback variance is the minimum necessary and adequate to enable applicant to erect a house while preserving and protecting the character of the neighborhood, and the health, safety, and welfare of the community. RESOLUTION[ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the setback variance, as applied for, subject to the CONDITION that Town Trustees approval be obtained. VOTE OF THE BOARD: AYES: MEMBERS GERARD P. GOEHRINGER (Chairman), ]AMES DINIZIO, IR., LYDIA A. TORTORA, LORA S. COLLINS, This Resolution was duly adopted determination.(4-0). (Member Horning of Fishers Isl~7~~Tf of this / GERARD GOE.m GER / ~ CHAIRMAN ~2/15/98 Approved for Filing 12/16/98 1000-33-2-11 Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S; C~llins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town, Hall 53095 Main~oad P.O, Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FLND~LNGS, DELIBERA'i~ONS AND DETERMZNATLON REGUL/~R MEETING oF SEPTEMSER :30, X~98 Appl. No. 4603 ~.ARTHURTQRELL PARCEL 1000-33,2-10 (& 111 STREET & LOCAl: 365 and 465 Westvvood Lane, Greenport DATE OF PUBLIC HEARING: September 24, 1998 FINDINGS OF FACT PROP~CTS-DESCRIPTION: The subject property is located on the westedy side of Westwood Lane, Greenport. The proper;cy 'is sh~)wn as Lot No 67 and No. 68 on the 1965 Nap of Eastern Shores (duplicate submitted) at Greenport, Section Two. The property was acquired by Arthur R. Torell, Jr. by deed dated April 24, 1971, which deeds'refers to Subdivision Map Lots 67 and 68 (not by metes-and-bounds). The Map of Eastern Shores was filed with the Suffolk Counb/Clerk's Office August 10, 1965 as File No. 4426 Abstract No. 5155. BASIS, OF APPEAL: Building Inspector's August 4, 1997 (re-written September 21, 1998) Notice of Disapproval which indicated that under Section 100-25, the. two properties were merged as one in this R-40 Residential Zone District. RELIEF REQUESTED BY APPLICANT: The request made by applicant is to m- separate (unmerge) Lots 67 and 68 shown on the Map of Eastern Shores, Section Two by Board of Appeals approval for a Waiver under Section 100-26 of the Zoning Code. REASONS FOR BOARD AC1/ON: 1. Merger of Lots #67 and #68 occurred with the Town Board's adoption (11/28/95) of Local Law No. 23, which became effective 3anuary 1, 1996. Prior to .lanuary 1, 1996, all lots in the Eastern Shores Subdivision, including the applicant's Lots #67 and /*68, were excepted from the lot area and lot width requirements of the Zoning Chapter. The exemption .existed for 24 years, since 1973. The applicant submitted plans in 1993 to the Town Trustees and the New York State DEC to construct a single-family residence on Lot #67, indicaUng lot #68 as a vacant and single and separate lot. Page 2 - Appl. No. 46(~'~[Torell) Re: 1000-33-2-10 (& [1) ZBA September 30, 1998 Determination 3. The applicant has testified that he Only became aware that the two lots had merged this year when he sought to reactivate his building permit. RESOLUTION/ACTION: Accordingly, on motion by Member _T0rtora, seconded by Member Collins, it was RESOLVED, to GRANT the Waiver of merger in accordance with the application for the following reasons: 1. Most of the Eastern Shores Subdivision is developed with single-family residences on lots similar in size to each of the two lots that would be recognized by this waiver of merger. 2. The two lots were created by subdivision and protected on the Town's Exception List from 1993 until 1997. 3. The waiver will not result in a significant increase in the density of the neighborhood. 4. No adverse environmental conditions are anticipated that would not otherwise be addressed by the Town Trustees or the State DEC. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND COLLINS. (Member Homing was absent during this action.) This Resolution was duly adopted (4-0). ~ ~ "'~;ERARD P. GOEHIS, IN~ER / ~' CHAIRMAN Approved for Filing RECEIVED AND FILED BY THE SOUTPIOLD TOW14 CLERK DaT o/Z/ 5 aou Z Town Clerk, To~ o~ Southc!~ Page 7 - Legal Notice '-' September 24. 1998 Hearings Southold Town Board of Appeals LEGAL NOT~CE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 24f 1998 NOT[CE IS H~REBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of S~uthold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall~ 53095 Main Road, Southold, New York 11971, on THURSDAYf SEPTEMBER 24, 1998 at the time noted below (or as soon thereafter as possible): 7:20 p,m Lane; Section 2, Lots follows: regarding properties known as 365 Westwood Lane, Greenport, NY; Map of Eastern Shores~ and #68; Parcel ID Nos. 1000-33-2-10 and 11, as Appl. No. 4603, for a Lot Waiver under Article II, Section 100-26 regarding an existing nonconforming lot identified on the Suffolk County Tax Map as Lot 11, Section 33, Block 2, which]or has been deemed merged with adjacent lot ref. #10, based on the Building Inspector's August 4, 1997 Notice of Disapproval; and Appl. No. '4604, for a Variance under Article XXIV, Section 100-244B for permission to c~?struct dwelling with a side yard setback at less than I5 feet from the existing property line between Lots #10 and #1! as shown on the Map of Eastern Shores, Section 2, or alternatively a Variance for adjusted lot sizes of Lots 68 and 67, to reduce the square footage and lot width of Lot #68, thereby increasing the nonconforming lot #67 for a 1S-f~. conforming side yard setback. The Board of Appeals will at said time and place hear any and all persons or representatives de,siring to be heard in the above application or desiring to submit written statements before the end of each 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 765-1809. Dated: August 25r 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHI:~NGER CHAIRMAN FOEH NO. 3 TOWN OF SO~OLD ~UILD~NG DEFARTHEiT~ SOul,OLD, ~.Y. NOT~CE OF D~SAPPROVAL SE~ 2 2 - ~ep[ember 21, 1998 DATE: Aurthur Robert Totrell ~22. Y~...?~.,~ ........................ ~.~.~..~2~] ............... P~SE TAKE ~OT~ t~t ~onr application dated .................... for permit to construct a si.n~.~e ~ami~y ~l~n~ - Location of Property ... 365 Westwood Lane ~po.~ H~se No. Street Hamlet 33 2 Couuty-T~ Map No. 1000 - Section ........... B~ ........... ~T ............. Subdivision ............................... Filed Hap No .......... Lot Ho ........ is returned herewith and disapproved on the following grounds .............................. the Bulk Schedule AA2 as of the date of lot creation. RV 1/80 FO[tM NO. a TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtlOLD. N.Y. NOTICE OF DISAPPROVAL 997 Date .&U.G.U.S.~..4 .................... 19 97 To ....AgT~[Tg..R.OB..F~.T, ~.0..RR..E, .~. ......... /.nj c / - ~/- 3 0 377 THOMAS PLACE WYCOFF, N.J. 07481 PLEASE TAKE NOTICE that yot!r application dated . .J.U.N.E..2.7. ................... 19 97 for pemdt to CONSTRUCT A SINGLE FAMILY DWELLING 365 'WESTWOOD LANE GREENPORT Location of Property ............................................................... House No. Street 02 11 Hamlet 33 County Tax Map No. 1000 Section .............. Block .............. Lot .............. Subdivision ................. Filed Map No ................. Lot No. ' is returned herewith and disapproved on tile ~llowing grounds & NONCONFORMING. LOT. SHALL ...... MERGE WITH AN ADJACENT CONFORMING OR NON-CONFORP~NG LOT WHICH HAS BEEN HELD [N COMMON OWNERSHIP WITH THE FIRST LOT AT ANY TIME AFTER JULY 1, 1983. LOTS TAX MAP# 33-2-10 AND 33-2-11 HAVE MERGED. ARTICLE II 100-25 A. IF THE WAIVER IS GRANTE? BY THE Z~A A VARIANCE WILL BE REQUIRED BASED ON THE FA~T THAT THE PROPOSED OONSTRUCTION WILL F/AVE A SIDE YARD SETBACK OF 10~. THE REQUIRED SETBACK FOR A NON-CONFORMING LOT BETWEEN 20,000 and 39,999 IS 15~. ARTICLE XXIV 100 - 24~ B. ACTION REQUIRED ~Y ZONING BOARD OF AP~EA~.S. /~iLding .Inspector GARY FISH RV 1/80 t~ORH ~tO. ?O~IN OF SOU'TtlOI,D IIUILI)I I, IG DF, P&R'l~lglqT 'I'ONR IIALL SOUTI1OLI)~ N.Y. 1197 I TEL; 765-1802 gxmi ned ................. , 19 .... Ale)royal.. ................ ,. 19..~. ~CP-c~*dt fro S~V~¥ ........................ CllgC~ ......................... SE~TI~ FOIltt ................... ~OT1F¥: CSL~ . . .~/. :. f.~.7. ~ ?. .~ c/---3 TO: .................... (Ihtldtr~ Inspector) APPLICATION FOR I}~ILI)IHO PIIRItlT Date ...... , INSTRIICTIORS '-~-~ a, 'Ibis appltcatioo ta~t be conpletely filled in by ~rtter or in i~ ~ ~tt~ to 3 ~ts d pl~, acetate plo~ plan to ~le, F~ ~i~.to ~le. . J b. Plot pl~ d~i~ l~tt~ d lot ~ oE ~tldh~s ~ ~s, mlati~dp to ~joint~ p~t~s or ~fl~c chis a~)l icoci~. e. ~ ~ildi~ ~mll ~ ~pi~ or ~ in ~le or tn ~r~ ~r ~ ~ ~H.I~5~ IS t~ }~ Co cbe lhtldi~ ~r~nC for fl~ is~ oi a ~ildt~ ~laci~, for tl~ ~C~Ci~ of hdldt~, ~!ti~a or akeratt~, or for ,=,~a] or State v/~etber applicant is ~er, lessee, agent, arddt~C, engi~r, ge~l c~tr~tor, el~trici~, pl~r or h~Ude (~ ~ ~ ~ax ~1l or latest ~) I[ aH~tica~C is ~ co~raCi~, si~e of duly ~Ck~ri~l o[ficer. (Na~e ~d title oicorporate officer) hfilders License lxb .......................... Ph~bera License l~o ................... glectrlciaas License flo ...................... OCl~r ~'s Lice~ ~ ..................... I. I~uCi~ o~ 1~ m ~lid~ p~l ~rk viii ~ ~ .............................................................. ...................... ..................................... ..... · o o,0 t' ~ivlsi~ .. .9 ................. Fil~ t~p ~ .......... · ..... 1~ ............... (~) 2. Stae existi~ ~ ~ ~ o~ ~i~s ~ inte~ ~e ~ ~ off p~ ~.~..~h.V~ ~.~.~ . . a. F~sCi~ ~ a~ _-~-.._~ . ..~ ........................ · ........................... b. ln~ ~ a~ ~ .......... ; ...................... ~ma'e of ~ork (d~-,ck ~lild~ appllcalk~~l ~ ~lld~ng ~ .... ~ttl~ .......... Alteration .......... / (to ~ ~ld ~x~ ~iling tt~is n~ltcatI~) ~ ~.,~., ,..~.~ o~ .~, ..... ~.'. .................... 1[ I~sii~ss. ~rcial or ml~f~aq~. ~ci~ ~t:ure ~ ~enC of e~ ry~ off u~,..~~ ..... I~i~ ......................... ~i~c o~ S~ortes ...................... l~pth ................. ,.. I~t~C .................... ~i~r o~ ~cories ............... sl~ .~ '~o~, ~, .~.~ .......... ~.~ ..... ~..~.~.. ~p,~, .............. gill 1o~ ~ ~[~ ~ ..... ~ ........ ~[11 ~ess rill 1~ r~ Is fids p~r~y ~lfliln ~ f~.of a till ~la~ * ~ .......... PLOT DIAGRAPI - l~cace clearly ~rcr~ properl:y ~d~erlmr lnrertoc or corr~r t tMiate all t~q:-ta:k dime~s!ons ,~i'A'IE ill: ~ ,~ (II1~1'!~ (Il: ..................... .. .... .~. ............. ~ ................. :a ....... Ixlt~ts duly ~rn~ delm~s at~ ~ys that he (~am o~ i~xltvidtmt siguJng ~traet) I~ is the .............. ~ ... (C~tr~tur, ~t~r~re o~[tear, ate.) o~ ~Md ~r or ~rs, ~ ts ~ty ~flm[l~ tu lmcfonn O[ lw~e l~[~om~ ate mid m~kmd to n~ke g~[ f?.e this -~ ~- , ]., ~ ..lg..Z~'...... ...... ~ ........ d~o~ ..~..9 ...... ~ / //- T~rm ~i~ June 12, 19~ FOEH NO. TO~N OF SOUTHOI,D TO~IN IIALL $OUTHOLD, N.¥, 11971 TEL: 3 ,/~TS OF ............... S EY .. ~. .................... CItgCK ...... SEPTIC: MAlL TO'. .................... (l~ildiag In?pector) INSTRUCTIONS a. This application must.be cm,pletely f. illed in by typexqriter or in ink and an1~itted to the ]{uilding In.vpector with 3 .sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan abo~ing lecatlon of lot and of buildings on l~tlees~ relationship to ~ljoinlng premises or pabllc streets or arem~, ~md giving a detailed de~ription of l~yout of proI~rty must be drm~n on the diagram which is part o[ this a~plicatlon. c. 'lhe ~ork ~ov~red by this application way not be conwaenced before issuance of Buildlng Permit. d. Upon mppreval o£ this ~ppllcatlon, the Building Io~ctor ~ill issue a Building Peri, it to the applicant. Such ~ermit shall he kept on the premises available for inspeetion throt~Bhont the work. e. No building sh~ll be occupied or ~ in ~nole or in part for any l~rc~oee ~batever until a Certificate o[ Oec~par~y shall hav~ been granted by the P~ailding In.~eetor. APPLtCATI~ IS l~f ~IRll~ to the Euilding DeI~trtmemt for the ismmnee of a Building Pen-Mt pttrsonnt to the Building 7xme Ordinance of the Town of ~tbold, Suffolk Connty, ~ York, and other applicable Laws, Ordinances or ~e~latlons, for the constnmtion of buildings, ~klltlons or alterations, or For r~0val or de~olltion, as herein described. '[he a~ppl, lc~nt agrees to ~ly wlth all ~ppl~eable l~rs, ordlp~ces, building code, ho~sing code, and regulations, ~ to ~lmlt authorized in~l~ctors on premises and in building,~r necessary inspeetig~ r ¢o .................................. (Signatore of ~pplicant, or name, if ? corporation) (Mailing address of applicant) [ State whether applicant is o~er, lessee, agent, architect, engineer, general contractor, electrician, phmber or builder. ~ oE o~mer of pre. dses ............................................................................................. (as on the tax rall or latest deed) If applicant is a corporation, sigr~mre of duly autlx~rized oEfieer. and title of corporate officer) ]tuilders License No .......................... Plt~bers License ~1o ............................ .. ~' Electricians License ~ ...................... O~r ~'s Licen~ ~ ..................... ~ (~) a. ~isti~ ~ ~ ~ ...~.~.~...~.~..~ .......................................... 3. ffdllure ~tt ~ork (t:l~:k sd~idi al-.Olicable): . &klitic~ .......... Alteration .... Iki~t ......................... ~dmr of Stories ...................... ninensims of sam stn~u~re ~itl~ alterati~ms or ~itions: Fro~t ..~.. ~ar ............... ~pLh ................ ~... lki~st .................... ~d~r of Stories ............... 8 Di,ensi~sj 6ff entire ~ ~st~tio~: lq'~t ................ [~ar ............... ~pth .............. lO. [~te of ~rdm~ ..................... ~m 8E Fonmr ~r ........................................ 12. lk~s proln~l mmt=ti~ violate any ruling 1~, ordi~m~me or regularly: ..~..' ............... 13, ~ill lot lm r~rmk4 ..... ~.~ ........... ~ill e~ss fill Im . UI,OT lmate clearly mfl disti~tl~ all hildi~gs, a~tltr existing or pro~, a~ ilMicace all at-~ diu~nsions fran pro~ll~ lilts, gi~ st~t ~ bl~-=tmr or ~scripti~ ~co~ing to ~, ~ ~ street ~l~s ~l i~licate (i'~.l,a o[ it~l{vid~ml signis~c~mtract) .... Ik~ is /he .............. ~ ((~tract'or, agent, corl~rilte officer, etc.) [nm to the lmsC eEh s k~l~lge a~l x~hef, dx II,at the ~rk will lm lerfon,~ff~,ln, mr ~t forth is, dm application file tl~r~ifl,. a~ Publ~, ~tste of~ YO~ O~lifi~ In Suffo~ ~oun~ No. 01SC47~ ~m ~irea May 31, ~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. (~ TO THE ZONING BOARD O~ APD~, TOWN O[: SOUTHOLD, N, Y I, (We) Muaiclpalily Stale THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING NSPECTOR' DENIED TO .... ( ) PERMIT TO USE s / Mop No. Lot No. 2. PROVISION (S) OF 1'1-1[ ZONthI(;, (.)l~.l)lhlANCE APPEALED (Indicate the Article Section, Sub- section o~d Paragraph of the Zonif~g Ordinance. ~y number, DO not quote the Ordinance,) 3. TYPE OF APPEAL Appeal is made herewilh.for (please check appropriate box) ~A VARIANCE to the Zoning Ordinance or Zoning ~op ( ) A VARIANCE due to lack of occ~s (Slate of New Yor~ Town Low Chop, 62 Cons. Lows Art, 16 ~c, 280A Subsection 3 ( ) 4 PREVIOUS APPEAL A prewou~ opperd (has) (has not) been made wilh respect to this deci~ton of the Building Inspector or with respecl tn this brop.erty. Such. appeal .was ( ) request for a speClol r~ermtt ~O ~ and was made in Appeal No ................................ Doled ...................................................................... REASON FOR APPEAL ( ) A Vorlonce Io Section 280A Sul)secllon 3 A Variance Io Ihe Zonlng Ordinotme is requesled for the reason that (Conlh~ue on other side) APPEAL I. STRICT APPLICATION OF THI~ ORDINANC£ would p|'oduce practical dffflcaltles or unnece~- sor¥ I~1 A R D£ Hi'P~ LT, ecau~ 2. The hardship created is. UNIQUE and is not shared by all properties alike in the immediate vtciniiy of lhls property and ih lhis ,L~$e district' because 3. The Varla~lce would observe Ihe'~spirJl o~f Ihe Ordi~ance and WOULD NOT CHANGE THE CI IAI~/',C-I-FR OF TI'IE DIS-I'I~.IC'F b~[:aus8 S'[ATE OF 'Nt~W YORK COUNTY OF ) ) ) Sworl~ IO Ihis .............................................. day ~t: ...................................................... J9 Notary Public REASONS FOR AREA VARIANCE ONLY (ko be completed by applicant): Do not use these standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the charagter of the neighborhood or a detriment to nearby properties, if granted 2. The benefiu sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: -- 3. The amount of relief requested is eot substantial BECAUSE 4. The variance_will NOT have an adverse effect or limpact on the physical or environmental conditions in the neighborhood Or district~ BECAUSE~. / ~ . / ~ ,~, ~.// %~/ / __. /_647 No. 6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character o~ the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) from owner. Sworn to before me this ~O uxnik/fio?m, var/t~mD ZONIN~ Dtb"TRIGT.~ R40 MAP. OF A: TOWN