HomeMy WebLinkAbout4423APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Appl. #4423
ACTION OF TIlE BOARD OF APPEALS 9/19/96
APPIACANT: ARTIIUR FOSTER.
PROI'EIlTY LOCATION: W/s Cox Neck Road, Mattituck. 1000-?-13-7-i9.14
(formerly 14 and 32, as combiued into one parcel as of this date).
BASIS OF APPEAls: Augus! 21, 1996 Action of Disapprowd by the
Building Inspector2 Article IliA, Section 100-30A.3.
RI,:I,IEF REq}UESTEI): Proposed Minor Subdivision Map for Arthur P.
Fosler amended 9/25/96 for a proposed "cluster development" project,
involw~s code relief fop (a) proposed Lot ~1 containing 80,000 sq.
fl. including right-of-way; (b) Lot ~2 having an existing
insufficient lot depth of 201.13 feet as exists at the new division
line bordering both Lots l and 2, and 50 feet at the most easterly
property line along Cex Neck Road. (c) Lots gl and ~2 each do
not have 175 fl. of let width {frontage} on a town street; Lot ~2
consists of a lot area of 2.3395 acres, including right-of-way.
(d) the front yard setback was accepted as submitted to locate a
principal buihling at 80 feet from the southerly property line and 30
feel fvoal the closest point of the right-of-way easement area.
(["urlbev Notation: The iusuffieient side yard setback for the
building envelope iu I,ot g2 was mnended by applicant to conform to
~he bulk schedule in an 1/-80 Zone in the event reduction was not
alh,wed under Section t00-181C-3. The dwelling on Lot ~1 exists and
(b~ plat~em(mt of a division line does not create a nonconformill~
selback al the easterly yard, and the north, west, and south
s~lbacks exist. For the record, it is also noted that applicant has
proposed dedication of 20,959+- sr. of land to the Town of Southold
for drainage purposes~ which land area is excluded from Lot ~2.
MOTION MADE BY: L. Tortora SECONDED BY: G. Goehringer
ACTION/RI,;SOLUTION ADOPTED: Approved as applied.
REASONS/FINI)INGS:
1. Total lot area of each parc. el will be met.
2. The relief rcqucsted is minimal in relation to the character of
this hind and the surrounding areas.
3. Nu physical change in the location of the existing building will
be necessary by thc placement of this "division line."
4. There is no alternative available for appellant to pursue.
5. The difficulties are related to the layout of the land, and are
not l)ermmal to the landowner: depth of this parcel from Cox Neck
Rcmd as a whole lot is 1231.22 feet from westerly-easterly borders,
and I. he proposed north-south width is narrow for the first 258 feet
Page 2 - Appl. No. 4423
Apl)lication - ARTHUR P. FOSTER
Decision Rendered October 17, 1996
from Cox Neck Road. The proposed depth of Lot #2 increases to
201.13 ft. at the westerly end, inehisive of the ROW easement.
The frontage (width) of Lot #2 proposed along Cox Neck Road is 50.0
feet, although the lot widens to 104+- ft., and greater, as it
extends to the west.
6. The character of the neighborhood will not be adversely affected,
and the dr~ainage area is proposed to be beneficial to the whole area.
7. No adverse physical or environmental effects will be produced on
adjacent properties since the plan will continue to be in conformity
with the zoning code.
VOTE OF TIlE BOARD: Ayes: S. Doyen, J. Dinizio, R. Villa,
l,. Tortora, G. Goehringer. This resolut~n was~J~ly ~pted (5-0).
~/ GERARD P. GOEIqRIN~ER
./" CHAIRMAN, BOARD OF APPEALS
10/23/96 Findings and Resolution to:
Mr. Arthur P. Foster (Applicant)
Planning Board Office (Attn: Planner M. Spiro)
Building Department (Attn: B. Inspector G. Fish)
Action/fosterl0.17
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE / Y/aq/~, HOUR
Town Clerk, Town of Southold
Location of Property: 125 Mesrobian Drive, Laurel, NY: County Parcel #1000-145-4-7.
This parcel is substandard in size with 14,261 sf of lot area and frontage of 68.4 ft. along
Mesrobian (private) Drive.
7:42 p.m. Appl. No. 4421 - RENRY TRAENDLY. Based upon the July 12, 1996
Notice of Disapproval issued by the Building Inspector, applicant is requesting a Variance
under Article XXrfl. Section 100-231 of the Zoning Code, for approval of excessive height,
above four ft. for a berm-fence combination as presently located in the front yard at 13220
Main Road, East Marion, NY; County Parcel #1000-31-14-12.
7:45 p.m. AppL No. 4425 - GISELA MORCFIEL. This is an application requesting
a Special Exception for an Accessory Bed and Breakfast E~se in the applicant's residence at
26405 Main Road, Cutchogue, NY, for the renting of three bedrooms and serving of
breakfast to not more than six transient roomers. County Parcel #1000-109-2-13.5, Lot gl
shown on the Map of Ralph and Theresa Asselta Minor Subdivision, with frontage along
Crown Land Lane. at Cutchogue. This lot consists of 21,642 sr. and is located in the R-40
Residential Zone District.
7:50 p.m.. AppL No. 4427 - WILL/AM P. SCHOLL. Based upon the September
1996 Notice of Disapproval of the Building Inspector, applicant is requesting Waivcrs under
Section 100-26 of Article II of the Zoning Code for (three) lots created by deed prior to
April 1957 and which undersized lots have joined due to common ownership after July 1,
1983. Location of Property.: Bungalow Lane and Center Street, Mattituek, NY; County
Parcel Nos. 1000-123-2-t7.1. 17.2, 18. Each if presently improved with a single-family
dwelling. Zone District: R-40 Residential.
20£3
NOTICE OF I~EARINGS
NOTICE IS F~REBY GIVEN, pursuant to Section 267 of the Town Law and the
Code of the Town of Southold, the following applications will be held for public hearings
before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095
Main Road. Southold, New York 11971, on THURSDAY. OCTOBER 17~ 1996 commencing
at the times specified below, or as soon thereafter as time permits:
7:30 p.m. Appi. No. 4407 - HUGtl and ROSEMARY MURPHY. Carryover from
9/19/96 and 8/21/96.
7:32 p.m. AppL No. 4423 - ARTHUR FOSTER. Based upon the September 18,
1996 Notice of Disapproval issued by the Building Inspector, applicant is request a
Variance under Column iii of the Bulk Schedule, Article IH, Section 100-32 (R-80
Residential Zone District), for approval of the substandard lot depth (and if necessary,
substandard frontage (width) along Cox Neck Road of proposed Lot #2) in this proposed
cluster division. Proper~y Location: Approximately 933 feet south of the intersection of
Bergen Avenue, along the westerly side of Cox Neck Road. and running westerly over a
private right-of-way. County Parcel ID #1000.113-07-P/O 19.14 (P/O former 19.6) at
Mattituck, NY.
7:37 p.m. Appl. No. 4410 - GARY SACKS and A. SCH!,ESINGER. Based upon the
Jnly 16, 1996 Notice of Disapproval issued by the Building Inspector, applicants are
requesting a Variance under Article X3~IrL Section 100-239.4B of the Zoning Code. for
approval of the proposed setback ora deck addition ~o dwelling which will be ~ocated within
75 J~eet of the bulkhead (and for approval of deck at the northerly side yard setback).
8:00 p.m. Appl. No. 4426 - JANET SWANSON AS TRUSTEE of VIRGINIA
MOORE TRUST. Based upon the September 24, 1996 Notice of Disapproval issued by the
Building Inspector, applicant is requesting a two Waivers under Section 100-26 of Article
Il of the Zoning Code for au undersized lot created by deed prior to December 1, 1971, and
another undersized lot created by deed prior to April 9, 1957, which lots are in an
Estate/Trustee ownership and therefore will be, or already have been joined by this hearing
date. due to common ownership. Location of Property: Hyatt (private) Road, Southold,
NY; County Parcel #1000-50-1-12 & Zone District: R-40 Residential.
8:05 p.m. AppL No. 4401 - DAVID DEFRIEST as Tenant. (Mr. and Mrs. Joseph
Gnozzo, as Owners.) Request for Variance based upon the June 3, 1996 Building
Inspector's Notice of Disapproval under Article VIIL Section 100-81A. for a Use Variance,
due to discontinuance of former nonconforming use as a service station with gasoline sales
evidenced by issuance of a Certificate of Occupancy. The grounds for which the June 3,
1996 action was issued are: Automobile rental use is not a permitted use in this Limited
Business (LB) Zone District. Location of Property: 73265 Main Road. Greenpor~, NY;
County Parcel No. 1000-45-3-2. Size: 5+ acres.
The Board of Appeals will hear any and all persons or their representatives in the
above applications. Written comments may also be submitted prior to the eoncinsion of the
subject hearing. The above hearing(s) will not start before the time designated, and a few
may be carryover hearings. The files are available for review during business hours, and
may be reviewed for updates nntil about 3:45 p.m. on the date of the scheduled hearing. If
you have questions, please do not hesitate to call 765-1809.
Dated: October I, 1996. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Gerard P. Goehringer. Chairman
By Linda Kowalski
TO;~,q',I OF SOUTIIOLJ)
BU! LDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTItOLD. N.Y.
NOTICE OF DISAPPROVAL
SEPTt!a'IBER 18, 96
Date .......................... , I9 .....
To Arthur P. Foster
2115 Tallwood Lane - P.O. Box 1132
Mattituek, N.Y, 11952
PLEASE TAKE NOTICE that your application dated ...A}I¢.~.S.T_ .2.7, ............... 199.6..
for permit To ]}IVIDE AN EXISTING 4.657 ACRE LOT
Location of Property .... ~10 TALLWOOD LANE MATTITUCK, N.Y.
House No_ Stres r Harn/e
County Tax Mia o No. 1000 Section ..... 1.1.3. . .' ....Block . .07 ........... Lot 19.14
Subdivision ................. Filed iVlap No ................. Lot No. '
isreturnedherewitl~and disapproved on the ~llowing grounds ...............................
!NSUFFICIgNT LOT DEPTH IN AN R-80 ZONE. Tli~ REQUIRED LOT DEPTH IS 250'
AS SET FORTH IN THE BULK SCHEDULE IN RESIDENTIAL DISTRICTS COLLUN NO. iii.
ACTION REQUIRED BY THE ZONING BOARD OF APPEALS.
..... .......
G;~Y J- FISH
RV 1/80
^PPEAL FROM
TOWI-t OF SOUTItOLD, t~['W YORK
DECISIOIq OF BUILDING INSPECTOR
DATE ..............................
[O'IIIE ZDNING BOARD OF AFPEAIS. t(')Wtl OF SOUFIIOLD, N. Y.
1, (Wel &r.t;h~:...8,,...~.as:l;.er ....................... of ...23_.].5...-:...7.1.0......Tal. l.~.oo.d..~a~e .............
Name al Appellord Street and Number
.................. Ma.Sti.t u~k .....................................................
Municipalily
......... ~J...[ ............ IIEREBY APPEA_ TO
Slat~
i-liE ZONING BOARD OF APPEAI_S FROM 'FILE DECISIOII OF TtlE BUILDING INSPECTOR Chi
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WIIEREBY THE BUll_DING INSPECTOR DENIED TO
( )
( )
(X)
Nome of ,~pr)llcant for permit
of 2115 2allwood Lane, Matt)tuck N.Y.
Street and hi, tuber Municipality State
PERMIT -TO USE
PERMIT FOR OCCUPANCY
Subdivision of parcel
I. LOCATIObl OF TIlE PROPERTY Cox Neck Road, Nattituck
Street /Ham]et / Use District on Zoning Mop
District 1000 Section 113 Block 7 Lot 19-14. .
..................................................................... turrenc Owner Arthur P. Foster
Map Na. * Lot No. Prior Owner -JohD Sim)etch
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate, Ihe Ad)cie Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III Section 100 - 32
3. TYPE OF APPEALAppeoJ is mode t~erewilh for (please check appropriate box)
( X} A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due 1'o lack of access (State of New York Town Low Chao. 62 Cons. Lows
Art. 16 Sec. 280A Subsection ]
( )
4. PREVIOUS APPEAL A previous appeal (has) ~ been made with respect to this decision
of Ihe Bt,ildi~g Inspector or wilh resDect to this properly.
Such ~ppeal was ( ) request for a special permil
[ ) request for a variance
and was made in Appeal No ................................. Dated ............................
REASON FOR APPEAL
( ) A Variance to Section 280A Subseclion 3
(~) A Variance Io the Zoning Ordinance
( )
is requested for lite reason that - Building per,it was denied
lot depth in R 80 zone.
due to
insufficient
(Col~inue on other side)
FOP, AP~AL
I. STRICT APPLICATIOI-I OF TtlE QR~)I}'-IAh~CE would p~0duce practical difficuhles or unneces-
sary I~AP, DStHP because - Tt ~roaza ~o~ pe~ me ~o reaace ~, p~esen~ financial burden.
The hardsi~ip created is UhlIQI. JE and ~$ not slmrect by atl properlles ollke in lhe immedi6te
vlcinity ot: Ibis properly and in Ii,iS USe district because Most surro~l.T~d±ng res±(~ential
parcels are 80,000 square £eet or ..tess.
3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CIIARACTER oF THE DISIRICT because - Tg ~i]_l remai~ residential and ±reprove
%he aesthetic value of' the are~ due to landscaping. '
COUIqTY OF ~zek'"~F~LZ" ) ~ Signature
Notary P~b c
COX N£CK