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 .~.
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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
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CIIECK .................
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INSTlt UC'FIONg
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~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. )