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HomeMy WebLinkAbout4413 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. T0rtora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5161 765-1823 Telephone (5161 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD At)pl. No. 4413 ACTION OF TIlE BOARD OF APPEALS Sept. 19, 1996 At'PI,ICANT: EVA MULLINS & ano. LOCATION OF PROPERTY: 380 Pine Avenue~ Southold. 1000-77-3-5~6~7 (as one). l)ATE OF DISAPPROVAL FROM BUILDING INSPECTOR: August 13, 1996-Article II, Seelions 100-25, 100-26 BASIS OF MERGER: This lot contains 31,250+- sq. ft. created under dates of 6/23/1949 (Goose Bay Estates Lots 30-331, of 5/27/47 notarized 6/13/49 (Goose Bay Lots 34-371, of 9/7/1946 (Goose Bay Lot 38 and one-half of lot 42). The adjoining lot (1000-77-3-151 is not shown on the Map of Goose Bay Estates as a lot, however, it was created by deed 11/2/1949 and is still conforming with todafs minimum lot area of 40,000 sq. ft. The merger provision in the zoning code as written does not provide for ail exception to tile law when a noncon- forming lot is held in common ownership with an adjoining lot as of May 1983. REASONS FOR GRANT OF WAIVER (ref: ZBA hearing and file record): 1. Original outside perimeter of combined area was created before 1957 and consists of more than two-thirds of this R-40 zoning requirement. 2. The Town issued separate tax bills for since, and before, 1949, which is prior to the enactment of (1112311971) of one-acre zoning. 3. Zoning adopted by Town between the period from 4123157 to 11/12/71 permitted lot sizes of 12,500 sq. ft. or larger, and prior to 1957, any size was permitted provided all other agency permits were obtained as deemed appropriate at that time. The lot merger rule was not applied in the Town of Southold until about 1983 (when NYS Court Zoning Rulings and other pre- ccdents of New York Law applied to the Southold Town Zoning Code). 5. In 1976 - County established County Parcel numbers from separate deeds - which in turn is shown on the Suffolk County Tax Maps as established prior to 1981. 6. The subject parcel is more particularly described on the survey map prepared by Roderiek VanTuyl, P.C. dated July 24, 1996. 7. This neighborhood consists of lots similar in size and character. 8. The natural details and character of the eontoure and slopes of the lot will not he significantly changed or altered in any manner, and there will not be filling of the natural land area affecting any environmental or flood areas. 9. The grant of this waiver will avoid economic hardship to the owner. 10. This property is shown on the Map of Goose Bay Estates. MOTION MADE BY: L. Tortora SECONDED BY: R. Villa ACTION/RESOLUTION ADOPTED: Waiver granted for this 31~250 sq. ft. lot with one the following two options to be finalized: OPTION #1: Accessory garage shall be relocated and shall not ow.~rlap the outside boundary of this entire 31~250 sq. fl. lot~ or OPTION #2: Applicant/owner shall obtain a lot-line change approval frem the Southold ToWn Planning Board~ as discussed and agreed by the applicant's attorney at the ZBA 9/19/96 hearing. VOTIq ()F T tfE BOARD: Ayes: S. Doyen, J. Dinizio Jr., G. R. Villa, L. Tortora. This resolution was duly adopted. RECEIVED AND FILED THE SOUTHOLD TOWN CLERK APPEALS BOARD .MEMBERS Gerard P. Goehringer. Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A, Tortora BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS Southold Town Hall 53095 Main Road EO. Box [179 Southold. New York 11971 Fax t 516) 765-1823 Telephone (516) 765-1809 NOTICE IS HEREBY 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, ar the Southold Town Hall, 53095 Main Road, Southotd, New York 11971, on THURSDAY7 SEPTEMBER 197 19967 commencing ar the times specified below: 7:15 p.m. Appl. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. Hearing carryover . 7:20 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Hearing carryover . 7:30 p.m. Appl. No. 4402 - BARBARA KELLY. Hearing carryover 7:33 p.m. Appl. No. 4415 - THOMAS BALL. Based upon an August 21, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article XXIIt, Section t00-239.4B to locate a deck addition within 75 feet of bulkhead, at 1890 (w/s) Arshamomaque Avenue, Southold, NY; County Parcel ID No. 1000-66~2~46, also referred to as Lot 4 on the "Map of Beixedon Estates," Btoek 77 filed 1946 with the Suffolk County Clerk. This parcel contains a nonconforming lot area of 21,071 sq. ft. and has a nonconforming setback from the new bulkhead, as exists. 7:37 p.m. Appl, No. 4411 - JONATHAN and ,MARGARET STERN. Based upon a June 19, 1996 Notice of Disapproval, applicant is requesting a Page 2 - Legal Notice Regular Meeting ef September 19, 1996 Southold Town Board of Appeals variance under Article III, Section 100-33 to locate an accessory swimming pool with fence enclosure, all located in the front yard area on this corner lot. Setbacks are established in a front yard area on non-waterfront pareets only by the Board of Appeals, if allowed by variance. Location of Property: Situate along Birds Eye Road a private read off the north side of the Main Road, and situate along the southerly side of another private right-of-way, Orient, NY: County Tax Map Parcel #1000-17-2-1.13 (known as Lot 2 and pars of 5, Stem's Subdivision Map (10/1/93). Appl. No. 4414 - DONNA IGLESIAS WEX~ER. Based upon an 1996 Notice of Disapproval issued by the Building Inspector, 7:40 p.m. August 21, applicant is requesting variances under IIIA, Section 100-30A.3 for approval of with insufficient lot width to the new yard setbacks from existing dwellings. the Bulk Area Schedule, Article Lots 1 and 2, as proposed, each division line and insufficient side Each lot is proposed to contain a in this R-40 Residential Zone Read rRoute 25), East Marion, minimum of 40,000 sq. ft. as required District. Location of ProperTy: 8335 Main NY; County Parcel ID #1000-31-2-32.1. 7:45 p.m. Appl. No. 4413 - EVA MULLINS. Based upon the August 13, 1996 Notice of Disapproval issued by the Building Inspector, app!icant is requesting a waiver under Article II. Section i00-26 for a single parcel with ~ combined lot area of 31.250+- sr. The basis of the Disapproval is that ~his laud area, identified as 1000-77-3-5, 8 & 7, was created by deeds prior to 1983, however, some time after 1983 this land has been, and is, in commo~ ownership with an adjoi~xing 40,500+- square ft. area identified as J000-77-3-15. Location of Subject Property: East Side of Pine Avenue and Page 3 - Legal Notice Regula~ Meeting of September 19, 1996 Southold Town Board of Appeals Westerly side of private right-of-way at Goose Bay Estates, Southold, NY; Zone District: R-40 Residential. 7:50 p.m. Appl. No. 4416 NANCY E. BUTKUS. Based upon an August 28, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article III, Section i00-33 to locate an accessory sw~mnnng pool with fence enclosure in an area other than the required rear yard at 3855 Mill Lane near Wolf Pit Lake, Mattituck, NY; County- Parcel ID =1000-107-4-3. 7:55 p.m. Appi. No. 4418 - FLORENCE PAVLAK. Based upon an Aug~ts~ 27, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting s Waiver under Article II, Section 100-26 for a parcel containing a total lot area of 25,000+- sq. ft. The basis of the Disapproval is although this lot was approved by subdivision of the Town Planning Board March 11, 1970, that, between July- 1, 1983 and April 14, I985, tiffs lot, identified as 1000-107-1-5.2 was held in common ownership with an adjoining lot, identified as 1000-107-1-5.1. Street Address: 3755 Grand Avenue, Mattituck, NY. 8:00 p.m. Appl. No. 4418 - RAYMOND REALTY CORP./MICHAEL'S PONTIAC- CADILLAC OLDS. Based upon the June 16, 1996 Notice of Disapproval issued by the Building Inspector, applicant is proposing to remove zhe existing ground sign and in lieu thereof, is requesting a variance under Article XX, Sections 100-~05D(7) and 100-206-B for the placement of a new ground sign which will exceed 94 sq. ft. in area, and be internally illuminated. Location of Property: 42155 Route 25 (Main Road), Peconic, NY; Cmmty Tax Map Parcel iD #1000-75-1-i4, Page 4 - Legal Notice Regular Mee~ng of September 19, 1996 Southold Town Board of Appeals 8:10 p.m. Appl. No. 4412 - ROBERT HOLLEY. Based upon a July 24, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article IIIA, Section 100-30A.3 ~100-244B) locate proposed addition with a front yard setback at less than the required 40 feet, au 1085 Bay Shore Road, Peconic Bay Estates, Greenporl, NY; County Parcel ID #1000-53-3-13. 8:15 p.m. Apph No. 4419 WILLIAM A. ISLANDS, JR. Based upon a Notice of Disapproval issued by the Building Inspector dated Au~us~ 29, 1996, applicant is requesting: (a) under Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B, variances for reduced setbacks in the front yard, northerly side yard, total of both sides, and setback from bulkhead for proposed new dwelling, and (b) a waiver under Article II. Section 100-26 for this lot consisting of 22,500+- sr. as created by deeds subdivision and t983 deed. Location of properzy: 960 Willow Terrace Lane. Orient, NY. also known as Lot $2 on the Map of Willow Terrace, Section CTM =1000-26-2-21. 8:20 p.m. Appl. No. 4420 - LINDA FESSNIAN as TRUSTEE. Based upon a Notice of Disapproval issued by the Building Inspector Augusl 28. 1996, applicant is requesting a Waiver under Article ii. Section 100-26 concerning this parcel of 26,500+- sf, identified as CTM ~t000-i15-6-1, which has been held in co,ninon ownership with another lot, CTM =1000-1!5-6-2. after July 1, 1988. This property is located at the corner of the Main Road (#18400 and Cardina! Drive,' Mattituck Estates Filed Map, Lot ,~5, Southold, CTM ~I000-1t5-6-1. 8:25 p.m. Appt. No. 4397 - ALLEN W. OVSIANIK. at Mattituck, Town of HeaPing carPl~oveP . Page 5 - LeK'al Notice Regular Meeting of September ]9, 1996 Southold Town Board of Appeals The Board of Appeals will au said time and place hear any and ali persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subjec~ hearing. The above hearings will not s~ar~ before the times designated, and some may- be carryover hearings. The files may be reviewed before 3:45 p.m. the scheduled date of the hearing for updates or new information. If you have questions, please do not hesitate so call 765-1S09: Dated: September 9, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski TOWN OF SOUTI~IOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD_ N.Y NOTICE OF DISAPPROVAL Date ............ = ............ 19 .~. .. ~. ~../.. ~ ............... ,~,,~ ~ ~,,~ PLEASE TAKE NOTICE that your apvlication dated ... ~/ .................. ,19 ~.~?. Subdivision ................. FiJed Ma~ No ................. Lot No .................. Apploved ................. 19 . I~eI'ml[ No ............ API~LICAI'IOIxI FOR BUll_DINg PEflMIT , [IU 11, V E ¥ ................ CIIECK ................. ~,[I'T [ C F C~ Iltl ........... IIOTIP¥ | CAI.I ................ [IA ~ I, TO t INSTlt UC'FIONg a. This )lpl)licMlon mu.~l be complelely [)lied in by lyl)eWlllet or hi Ink ,mi b. l~lol plan ~howlnElog~lio~ o[Io[ ~ml o[ hldhltnB~ on premJ~e~,~el~lion~hlp h~ ~djohihl8 p~emi~e~(~l ~ubltc~l~ shall b~ kepi on the l. eml~e~ ,vall.l~le fo~ in~pecli(m Ih~ouBhmd the work. The ,~pplle,nl ~l~teee lo eOmld¥ wllh ~11 [H)plmld)l~ law.% mdmnnge.% bl~J (N,'une mid lille of .'u olnie c)fheel) I/ fide ~ l.me ).~e No. I I H~e~ ,~ Lice ~e Nc) ......................... I. ]L.oenll(~li ell I I o whlch I~(H~osed work will be don~ ............................................... I louse Numl]er $l reel I l,mlet (N.me) .............. SulxlJvlslon n, F. xisllnB tJSe .mi ocmtl'~h,/:y ................................................................... ]. bt~dLuc Iii wL)lk (check widull ~l)pliciA)b:): Hew lmihlhll~ .......... AddiH(m .......... 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Will ~xccs~ lilJ b~ I'blIiOVOtt Il'dill l] [~llll~8: Y~ Nd J~illll~ Iii AfchJldcl ........................... A[ldl'cSs .................. l~hdlJ~ ~d ............ i~iHli{~ (il' {~Ollll'il(;Jd[ .......................... Address ................... J~JloIIC Jqd ............. P LO'i' 1) 1A(] R A M 15, 5 I'A'I'U. ()1' I'II!\V Y[]ltl(., ........................................................................ OI ~i11(I II,Villi ~,1 [)WIi~i~. ltll(I J[ dllJ~ ~tlIIIoIJ'Z~il lO scm. . / ~TARY PUBLIC, Sra. 0t~ / .... (~ ': --' ~" No. 4725089, Suffolk ~ APPLICATION FOR WAIVER UNDER SECrtON t00-2 G This review is for lots which have separate deeds recorded prior to 1983 and-undersized. A merger determination has been issued by the Toun Building Inspector (copy attached). The zoning of my parcel is presently: tl=_4f[ Tile size requirement for this zone is: _4N.ON0 square feet per parcel'. County Tax MaD Parcel NOS: i000 77 3 ~ 6, 7 & 15. I (we), EVA C. PR]I~LIN$ , as owners of the contiguous lots shown on the attached deeds, request a re~iew determination by the Board of Appeals to determine whether or not these parcels qualify for a "w~iver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: Copies of my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to June 30. 1983 for all lots. 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Hap for my neighborhood, 5. $150.00 application check which is not refun'dable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual the Town of Southold liability resulting procedure. By making this application, I hold free and harmIesa from any and all claims and from the issuance of a waiver. _~ (Appl icant and Ow~e r ) EVA C. MULLINS Sworn Notar based upon (Applicant blic 1996 GCLIN York qualm .... is hereby approved denied {delete the above documentation. and Owner) appropriate action) Issued by Reasons ~or aoolicetion(tO continue on next page). APPLICANT'S REASON #1: That the applicant never realized that these lots had merged, as applicant continued to receive separate tax bills and each of the four 10ts continued to have a separate tax map lot number. That at'all times, the applicant and her parents intended to hold said lots as separate buildable lots and never intended to have th~m merge. That pursuant to Section 100-26 Waiver of Mer§er~ subparagraph A.~ the waiver re- quested will not result in a significant increade in the density of the. neighborhcod, as the lots in the neighborhood are generally significantly smaller than the proposed lots; the waiver would recognize a lot that is consistent with the size of lots in. the neighbor- hood, as illustrated by the copy of the tax map filed herewith; the waiver b-ill avoid economic hardship, as the applicant would have a much larger lot than others in the vicinity without-any economic benefit and the applicant:and her parents have paid taxes on the lots as if they were separate lots for many years and additonally the applicant desires to sell the current hsme .located.on lot 51 while retaining another lo%; and the natural details and character of.the contours and slopes of the lot will not he significantly changed or altered in any manner~ and there will not be a substantial filling of land affecting nearby environ- ment~t or flood~areas, as can be seen from a ~physical viewing of'thesubject praises. APPLICANT'S REASON #2: Lots 5, 6 & 7 are located the subdivision known as Goose Bay Estates, whil Lot 15 is not loc~at~d within said subdivi~iono ~s a result, the applicant never had any idea that said Lot 15 would merge with the other lots located within an approved subdivision. Additionally, said Lot ~5 i~ 40~'500 sq. ft. in area and is thus in excess of the requirements in this R-40 zone. If Lo~s 5~ 6 & & are merged, they would have an area of 3~,250 sq. ft., ~hich is onl~ slightly smaller than the requirements of said R-40 zone. (PLEASE USE ADDITIONAL SHEETS if neeaea. )