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Home My WebLink About4948 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 3, 2001 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing "by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971 on THURSDAY, MAY 3, 2001 ~ at the time noted below (or as soon thereafter as possible): 7:25 p,m. Appl. No. 4948 - GEORGE L PENNY, INC this is a request for a vadance under Article XXIV, Section 100-243A, based on the Building Department's March 20, 20001 Notice of Disappraoval. Applicant is proposing a new commercial storage building which will be less than twenty (20) feet from the side property line. and a new storage building at less than 100 feet from the front property line. Section 100~243 provides that an action not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Zone District: Light Industrial (LI). Location of Property: Kerwin Boulevard, Greenport: Parcel 1000-53-2- 25.1, 27.1, 21, 22 (combined area). The Board of Appeals will hear all persons, or their representative, desidng to be heard at the hearing, or desiring to submit written statements before the conclusion of the above headng. This 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 (631) 765-1809. Dated: April 18, 2001. GERARD P. GOEHRINGER. CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD / SOUTHOLD, N.Y. NOTICE OF DIS~PROV~ DATE; March 12, 2001 TO George L. Penny Inc. PO Box 2067 Greenport NY 11944 Please take notice that your application dated March 8, 2001 For permit to construct new storage buildings at Location of property Kerwin Blvd Greenport NY County Tax Map No. 1000 - Section 53 Block 2 Lot 2 5.1 Subdivision Filed Map ~ Lot # Is returned here~vith and disapproved on the following grounds Proposed construction not permitted pursuant to Article XXIV Section 100-243A which states; Nothing in this Article shall be dem*ned to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Subject property is located in LI zone. Applicant proposes demolition of existing storage s!tmcture with non-confornYmg front and side yard setbacks and the erection of a new larger structure at the same setbacks this will increase the degree of non-conformance. Front yard setback pursuant to Section t00- 143A is 100 feet. existing structure scaled at +/- 40 feet. Side yard setback pursuant to Bulk Schedule for this zone is 20 feet, existing structure scaled at +/- 15 feet. Applicant also proposes another storage structure to the west of the existing structure with a non- conforming side yard setback of 15 feet. Bulk Schedule requires a minimm2 of 20 feet. Author~ignature FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. ~4MENDED NOTICE OF DISAPPROVAL DATE; March 20. 2001 TO George L. Penny Inc. PO Box 2067 Greenport NY 11944 Please take notice that your application dated March 8, 2001 For permit to construct new storage buildings Location of property Kerwin Blvd Greenport NY County Tax Map No. 1000 - Section 53 Block 2 Lot 2.5.1 Subdivision Filed Map = Lot = Is returned herewith and disapproved on the following grounds Proposed construction not permitted pursuant to Article XXIV Section 100-243A which states; Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use. provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Subject property is located in LI zone. Applicant proposes demolition of existing storage smtcture with non-conforming front and side yard setbacks and the erection of a new larger structure at the same setbacks this will increase the degree of non-conformance. Front yard setback pursuant to Section 100- 143A is 100 feet, existing structure shown at 35 feet. Side yard setback pursuant to Bulk Schedule for this zone is 20 feet, existin~ structure shown at 6 feet 3 inches from side lot line. Applicant also proposes another storage structure to the west of the existing structure with a non- conforming side '/ard setback of~rfeet ~ Bulk Schedule requires a minimum of 20 feet. uthorized Kigflature TOWN ItALL $OLrI'HOLD, TRL: 765-1802 .~,xami~ ,20 Approve- , il0 'Bulldiua hsPmotor - INSTRUCTIONS ' a. This application IVIUST t~ cornpl~tmly tilled in ~ ~e~t~ ~ in ~ ~d ~u~ to ~e B~ld~g ~pc~tor wi~. 3 h. Plot pl~ show~ loeafi~ of lot ~d o/~{ldt~ ~"~ses, relati~ship to adJo~iug ~emi~ ~ public ~e~t{ or and ~. The work c~ by ~ ~c~on ~y not be ~ced bmfo~ i~oe o~Buil~ng Pe~t. be k~t on the~ms a~lable ~ ~on ~Ut '~ m. No buil~ ~H b~ occupied or ~ ~ w~ie ~ ~ p~ ~ any p~osm ~mv~ issu~ by the B~8 . . APPLICA~ON IS ~Y 1VIADB ~ ~IBuildi~.D?pmrtmcat for thc issu~a~ae ore Build.in{ Perrrdt pursuant lo Build,n{ Zone Ordt?--nc~ of th~ Town of Suutho{ .d,, .Suffo~Couut% New Y0rl~ smut o~' applicable Laws, OrdInances or Regulsttor, m, for the coasl~totion o~b~d~r~, addl ions, or alt~rallons or for r~movaI or d~mohtiou as h~rem d~surtbed. The appho~nt allrecs ~o ~oirrply wm.th ail wplio&ble .laws,,ordinaud,l~, buildiu{ ods, ~ousms oode, ~d re~latto~, and to admit authorized inspe~u:~, on prmmi~s ~ud ia builtu.,g for n'.~. inspections, (Si~m~ ~applt~ut or marne, Lt' ~ corporation) .... (Mailing addrass of..app{icant), $~a~e wh~her applic~{ is owner, les.~mm, ltSem, arcMtect, e~{{in~r, Smu~ral coniractor, electric{an, plumber ur builder Name of owner of prermee~ If a~plicant is a corporation, sitmmtu~e of duly authorizki (Name and title of corporate officer) Buildcrs Licfmee No.. .... Plumbers L~ce~se No, .. , Electrici~-ls License No. .~ .. Other Trad¢'s License No. , .,, Location o~land on w. hich prOposed work will,l~e'don~: M@ ~ Ix. G.., .E ~ ~ ×.t ~',.~ ~ i,/,'i_~ d r~:~ ~ House Number Street HaEdet County Tax M~ No, t000 Section Subdivision ]' Block ...... .... Filed Map No. Lot a. Bxlsttr~tme~doccupanc¥. u_~fl.~,.~_ i.~'D } ..... . ~ Namr~ of work (chec~ whi~ ~lic~le): N~ B~I~ ~ - ~or, ~t~ti~= ...... Repot ~ _ ~oval _ ~o~on . If dwMlin~, n~mbcr of dwelling ~nit~ N~ber of dwelli~ ~it$ on ~h floor t~ garage, number of cam ,. ~ . If business, commer~i, at or mixed o~up~y, spec[f7 nature ~d cxt~t off each t~ ~f ~e. . _ .. Dimcniions oftxis~g . D~t_. ~ ~ De~th,. f o 0,, HeiCt /,.~ ., 'Number~Stofies _ ] Height , ~ ~ ~um~er of Storie~ I ' - - Does proposed consl~cd6n viotae any zonlr~ law, ordi~iaace or regulation: this p~operv wi~.n 100 f~t ora tidal wetland? *YI~$ _ NO I~ YES, tOUTttOLD TOWN TP.U~Tltg$ rl~Rlvll~ MAY Bi 6. Provide survey, to scale, with accu~te ~und~tiou plea and distances to prepay lines, 7. If etevmion ~t any point on property i; ~ 10 feet or below, must provide toposr~hic~l clara on survey, TATE OF NEW YOD. K). SS: tOUNTY OF__ . ) ~ ~ ~f in,iv{dual si~ing con,c9 ~ ~d, said ~ or o~en, m~ i~'dul~ ~%~d to p~do~ at all s~men~s ~ined in ~is a~licagon ~e ~ to ~ffo~ed in ~e ~a~er set fo~ in ~e a~li~ti~ filed TOWN OF SOLITH6LD, NEW YORK AP~EAII, FRO/~,~ DECISION OF B,U, ILDING INSPECTOR DA~Ei~F iBUII:DING INSPECTOR $ DECISION APPEALED: ...... ~...~...~....,~ +..~.(~O made herewith for: Ordinance or Zoning Map ~e fo lack of access as required by New York Town Law Cons. Laws Ad. 16, Section 280-A. ~ ol Article .......... Section 100-. ................. Other.' ..... ~ .......................................................................................... decision, been made with respect fo this u~ld~ng Inspector (Appeal # ...... Year ....... ). used with applicant's siqnafure): AREA VARIANCE REASONS: An undesirable change will not be produced in the CHARACTER of the neighborhood fo nearby properties, if granted, beca, use: '~-~.~--I~ ~ ~ (~ The,~ ~neflt sought by the app icanf CANNOT be achieved by some method feasible f~fh~ applicant fo~rsue, other than an,area variance, because: ~ . [o) m a~oumotreuerrequesma sno~subsfanfial because. 3~ ~ ~,~ ~ e~Vlr~menfal conditions in the neighborhood or district becaus'e: ~"' --~-' ' [=J .as tne auegea am~cul~ .een self-created? ( ) Yes. or~ No. This is~fhe MINIMUM fhaf is necessa~ and adequate, and af the same time prese~e and protect the character of the neighborhood and the health, safe~, and welfare of the communl~. ( ) Check this box iJ USE VARIANCE STANDARDS are coml:j~fed and aflached. S gm to before me this ~_ ~Y~~ ...... ~0 gC. (Agent must submit Authorization from Owner) ~ota~ Public ~DA ~ ZBA App ~/00 ~J~e~/P~b~Jc, Stem ~ Appeal Application, Continued BOARD OF APPEALS: TOWN OF SOUTHOLD COUNTY OF SUFFOLK:STATE OF NEW YORK Application of ........................................ PrOperty ID # ........................................ Appeal Application [Continued} REASONS FOR USE VARIANCE Continuation of Appeal Application for a Use Variance [when applicable): Fore,Each and ~Every Permlfled Use under the Zoning Regulations for the 'Particular District~- INh~r~fhe PrettifY, L~oc~f~l (pi:ease consult your attorney before com~lef na'l The applicant CANNOT realize a REASONABLE RETURN because: '(2) The HARDSHIP relates fo the property and does not apply fo a substantial portion of the dl~rfof or neighborhood because: ($}~'The relief requested will not alter the essential CHARACTER of the neighborhood because: (4) Has the alleged difficulty been self-created? ( ) Yes, or ( ] No. community because: ~nd adequate, and af the same time will preserve id the health, safety, and welfare of the (6) The spirit of the zoning ordinance will be observed. (7) Thepubllc safety and ~gelfare will be secured and substantial justice done. Sworn fo before me this day of .................... 20 (Slgnafure of Appellant or Authorized Agent) (Notary Public) ZBA App 08/00 N $ E [ ACREAGE ~iYPE OF BUILDING /' RES, SEAS. ~ VL, LAND IMP. TOTAL FARM DATE I COM~. Wt. ~ND. REMARKS CB. MISC, / ~ 0F~rm Ti ORMAL ABOVE Value Woadland Swampland Brushland House P~of Extension Garage /, 2.¢ Foundation .~(~ / Basement 2 '~ ~"b Ext. Walls ~'.~ / Fire Place / cr'd /30 ~ Patio Driveway II 14.1 I,d~i-z.~, I I I I II Porch Porch Bath Floors Interior Finish Healt Attic Rooms 1st Floor Rooms 2nd Floor sUB. LOT