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HomeMy WebLinkAbout4312 Vanstgn Rd. , Nassau Pt. o du-w3 ogee Fzr~~: _31?91~?~ ~i 23dQ- ;HOIrLf3N3}--~EfliV G.__ - e- ivide two dots/area/width APPEALS BOARD MEMBERS h~O~~$UFFO(~earn Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. W P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?k7, .aFax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4312: Matter of the Application of JEAN C. HOLLAND-LONGNECKER AND E. KIRK HOLLAND. This application is based upon the May 5, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for an accessory gazebo (as exists), disapproved on the following grounds: Variance under the Zoning Ordinance, Article 111-A, Section 100-30A.4 "Accessory buildings, 100-33 shall be located in the required rear yard." The subject premises contains a lot area of approximately 62,742 sq. ft. (which includes the low land section). This property was in 1989 zoned R-40 Low-Density Residential. Property Location: Corner of Meadow Beach Road, Lowland and Sunset Roads at Nassau Point, Cutchogue; County Tax Map ID No. 1000-111-10-18.1 (prev. 18 & 1). WHEREAS, after due notice, a public hearing was held on June 29, 1995, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the May 5, 1995 Notice of Disapproval issued by the Building Inspector in which the appellant has requested an application for a building permit for the location of an accessory gazebo structure, which is presently "exists" in a front yard area as shown on the sketched map submitted with this application. Mr. Holland at the hearing confirmed that the distance to the Meadow Beach Road property line is approximately 30 feet, and the distance to the house is approximately 28 feet. 2. The premises in question is located in the R-40 Residential Zone District. The copy of the survey map shows an existing single-family dwelling. Page 2 - Appeal No. 4312 Application of JEAN C. HOLLAND-LONGNECKER Decision Rendered June 7, 1995 3. The subject accessory building is 28' in diameter and does not exceed the 18 ft. height limitation. 4. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property the property technically has three front yard areas and the remaining yard area is not buildable for an accessory building due to the limited setbacks as established from the house. (b) the relief requested is not unreasonable when considering the character of the neighborhood and the location of other buildings. (c) it is not uncommon for an owner to request an accessory building to be located accessory to the residence and at a distance to enjoy the vistas of the surrounding waterfront community; (d) the relief requested is not substantial in relation to the requirements - the garage is located at greater setbacks than is normally required for accessory buildings on this size of property; (e) the variance requested does not involve an increase in living area or dwelling unit density; (f) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for enjoyment for the out-of-doors; (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties, and the benefit to the applicant is greater when weighed against the health, safety, and welfare of the community; (h) in considering all the above factors, the interests of justice will be served by granting the variance as further noted below. Accordingly, on motion by Member Dinizio, seconded by Member Villa, it was RESOLVED, to GRANT a Variance for the existing accessory gazebo in the above-noted front yard location, SUBJECT TO THE Page 3 - Appeal No. 4312 Application of JEAN C. HOLLAND-LONGNECKER Decision Rendered June 7, 1995 FOLLOWING CONDITION: The gazebo shall not be enclosed with walls, however, screening will be permitted. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa, Tortora and Goehringer. This resolution was unanimously adopted. lk Gerard P. Gce ringe 'r I P AND FILED BY U i3 I V, q CLLFiI~ I ti J~_TE 6jk Iq5 HOUR a 3 D Tov:n Clerk, Town of South 4d a`- FORM NO. 3 TOWN OF SOUTHOLO BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ,BDate . I t~X .0.5 PLEASE TAKE NOTICE that your application dated ..2~T 19 5 for permit to ...~N/LKQL at GGD 'skyy"~~ / p Location of Property ...Q.. J :.......~f .FAG! q... Cw7~./f T'~ House No. Street + iJamlet County Tax Map No. 1000 Section Block la......: Lot /rifr~..... . Subdivision Filed Map No. Lot No. is returned herewith and disapproved on the following grounds .v ~z... 7... ~G{ • •i Bu' din nspecto RV 1/80 BOARD OF HEALTH . " FORM NO.1. --3 SETS OF PLANS • TOWN 6F;S66THOLD -SURVEY - - - - . . APR 1 4,996 BUILDING 60XIRTMENT -CIIECK . TOWN HALL SEPTIC FORA • . SOUTHOLD, N.Y. 11971 3:' t TEL.: 765-1802 ttoTl FY . ~L~' CALL Examined MAIL TO :4 ~~f . Approved -e . 19/65'Pe rnit No. 6ry/ f~ffoPxUF, Disapproved a/cE! 1135 (Building Inspector.) APPLICATION FOR BUILDING PERMIT Date,F~k 191.:x. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ,sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appn- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings; additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for neces inspections. (Signature of applicant, or name, if a corporation) 11/t"3s pb 8fs' ! //ol c/ A~ A/ ~?4l~...... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer; general contractor, electrician, plumber or builder. / Name of owner of premises ?64,y f!v Z[•df N . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. Plumber's License No. Electrician's License No. Other Trade's License No . 1. Location of land on which proposed work will be done . . ....................I..:......:..........:.... . f905- • • .r3/~Dw J64 4e . , GUk House Number / Street Hamlet County Tax Map No. 1000 Section :/!?F Block Lot . . Subdivision . . . . . . . Filed Map No . Lot (Name) 3: State existing use and occupancy of premises and intended use and occupancy of proposed construction`. a. Existing use and occupancy Two h **Jb b. Intended use and occupancy . . t"elNrQ4v , ttbrt9i7Mt¢r1R9 8t ~t rsr..u~ °+ritmts 3. Nature of work (check which applicable): New Building Addition Alterad Repair Removal Demolition . , , Other Work • (Description) 4. Estimated Cost ~6.Q R : Fee . (to be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor . If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . 7. Dimensions of existing structures, if any: Front Rear. Depth , . Height Number ofStories Dimensions of same structure with alterations or additions: Front Rear Depth ......................Height Number of Stories 8: - Dimensions of entire new construction: Front Rear Depth . Height Number of Stories... 9. Size of lot: Front Rear De th 10. Date of Purchase . Name of Former Owner'. f?Rlc~% . 11. Zone or use district in which premises are situated 12. Does proposed construction, violate any zoning law, ordinance or regulation: . 13. Will lot be regraded Will excess fill be removed from premises. Yes No 14. Name of Owner of premises Address j 6"'W. Phone No 7:3 4.7 3 At Name of Architect . Address Phone No....... , Name of Contractor . Address . . Phone No. . 15. Is this property within 300 feet of a tidal wetland?. *Yes.. No.. *If yes, Southold Town Trustees Permit may.be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, an& indicate all set-back dimensions from property lines. Give street and block number or description according to. deed, and show street names and indicate whether interior or coiner lot: A1 TATE OF NENVOR s.Sc, • OutviY-0F 6~ being duly sworn, deposes and says that he is the applicant -AA - (Name of individual signing contract), )ove named. is the.: (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the irk will be performed in the manner set forth in the application filed therewith. vorn to before me this %Z.... ..day of. . 19 Mary Public, ~!c c. r t jai , ~ryPubiatuMa4NrRYade (Signature of applicant) No.OIY~11lD /'~'z CEIVE MAY 1 01995 TOWN OF SOUTHOLD, NEW YORK Souffioid Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. S'-AD Tbt f fir, f/~fs%Tis ti~S / L - I"M 1, (We)~I~RN..0.!Y~2.~©!;~1d/sl!!l~~of.05 llar5~on34c~~ I Name of Appellant Street and Number 3f 9fl3 ty C?/CU~t:.... /Y• f93. ctda- ......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION' FOR PERMIT NO. Pk./~l.^(lz DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ~cso .Y ` f >t 'Dr' 7'- Street and Number Munici..alitY State ( T PERMIT TO USE ()6) PERMIT FOR OCCUPANCY, 1. LOCATION OF THE PROPERTY qi ~I0 dslo WI-1 4 Street /Hamlet / Use District on Zoning Map District 1000 Section/// BI ock1bLot/8./Current Owner f rCa /aL~s O Cp~^llr/y di~`~¢ Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ,lJ Section taD-3QA.4- f0©-33 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map C ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. -Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has (has not) been made with respect to this decision of the Building Inspector or with respect to this property, Such cppeol was ( ) request for a special permit ( request for a variance and was mode in. Appeal No .................................Dated ...........r........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ray^ ~ r /e d Y~@ 1 is requested for the reason that 2 e z) I S n o T- f me CIL 'Gard _ Cf PC= zst (Continue on other side) ftymv b %z 9'k' 1A REASON FOR APPEAL. Continued l: STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because L2~c CQ~tZ ~ ~ ~n~ 0U-a 1 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of thisproperty and in this use district because S ~ 6 61, Z) \=e V- N 3. The Variance wouldobserve the spirit of the, Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because U-'%t- v C~ v c~ SSFt~ G u~~ { LO z STATE OF NEW YORK ) {i ~1 < f ss a......... COUNTY OF ) Signature Sworn to this .................d.•.. day of........ . 19 ks Notary ublic NARIEA.YYOOiiS tmo vro~'sos sea ate C C O O - - Z 1 N Tf p. c a Z a Z 5\ ~ a Q 2 Irk o. is m' O~ 0 Y Z -10 o co \ D 3 - O' ~~Z J CI IN o o m r rr -0 R Z Z N t~ h\ c v m m C LO n r DIZ) ~I v ~ N 14 -I \ ) rya ~ •~S ~ ' 'b~ o ~ r ~ {L-• n n Ak NZ, _ T _ + v o W a v m m m 3 ro ° O I .X-. Q n `D N N N O O Y I N.. ( o )o ~ t.» ~ .{{c. F.~ VII, r ~ ,d '~51. t~FS ~1BI, ~I~r z~r ' ~zx { \ .o S 4 5 'S` ~ 0 1 I v a v^ .s OO cD `G ?7 X O O / co 3~ N ® "O ~ 3 I t1 f 7J ~ I Q. r 3 i l I~ y?';~-ev ~ Y I, 11 O p m O S ~ , a a III ~ ~ _t 1 I ~ I I y\ I ~ i Lt L II I 1 ~ I I I f; l I i i l i I v.... i , k I .v a~M1 yy Y I Y A. N'!`~Li~1~T~ 9..rya.3~ h APR 1 4 1995 eta T 6965 4. L TOTAL TO O.KW M. O qy 16,350 SF N Q y YT1. , go a PATLCCL %155,660 S.F1 c °y~~IS 242sF'ro 36i L~{' = o s 1 { LOT UNE s » y% 35 ~Jg FlLED tMF-1 - w I ~ _ //yyy{{{5 ~I 1] T oEY'~~1'~S/1. l_ 1 I 136T I ~ ~.T ! o k 1 ~ ' v¢ovaseD ~ oavh:ou ~/j" ~ ue ~ - 7 ' ,ILL J ^ a !a 1 ~3J 'N: 48,16. PARCE'l. 8'CTL78E SET OFF)' 40,000 Sq ~1 u T4'16 30 W 973 P ;5 :Oi i5 g" 55 9 .I~ MAP OF PfaOPOSEU SETOFF y OF PPOPERTY_SUWEYED FOU 1= ahJ ?NGNECIZE[ ter 4ar=_s I.UT':dS. 36f 57 RF_FFP 10 •MAP OF PR_OPE2TY OF FIA3SAJ Pr,'Ihdf SUFF. CO.CLE4d'6 `7WN OF ~OU_HQLD N.Y. of FICF' AS MAP No 1257. L01g.,3279525 WFLQ Il7 ra J C:ED MAi' A+..•(- hlA~ .AU POINT'-SUFF.Cp. MIFF NOay6. 2.FfyG12TV 151N ZONEA 4E5.[AG92:. y ~ SUFf CA TAX hWP DATA lAT5 36#37* =0.1II-IO-1 1DT5 all#325=10.7J'{p-10'F6.. ' d:aN__V f' REfEf "f L'.ME!1N_St""4L 4'EL. S. WArEq VFPLY ~SEWACE~DIS~Q'SA. SYSFEMS WILL B, CONfbRM TJ tYI ESTA I14_QRS gFTyESUFF.CO. DEPT: \ COUNTY OF SUFFOLK `X 1~\ ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. \ DIRECTOR OF PLANNING 2 June 19, 1995 Town of Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(sl 'Holland-Longnecker, Jean C. & Holland, E. Kirk 4312 Schoenhaar, Roy 4313 Latham, Joan & Stephen 4315 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE. LONG ISLAND. NY 11788-0099 ¦ (516) 853-3192 FAX (516) 853-4044 APPEALS BOARD MEMBERS ~o~~g11FF0~,~ co Gy Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. w x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~lj O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cc mission: XX Variance from the Zoning Code, Article III -A Section 100-30A.4 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4312 Applicant:Jean C. Holland-Longnecker & Kirk Holland Location of Affected LandB 5 MMeadow Beach Rd., Cutchogue, NY County Tax Map Item No.: ~Q00- 111-10-18.1 Within 500 feet of: Town or Village Boundary Line - Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to locate gazebo as Pxists in in the front yard area Copies of Town file and related documents enclosed for your review. Dated: June 13, 1995 APPEALS BOARD MEMBERS ~o~OgUFFO(,t p Southold Town Hall Gerard P. Goehringer, Chairman c yt 53095 Main Road Serge Doyen, Jr. ua x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?JOl ~.a0` Fax (516) 765-1823 Lydia A.Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 9, 1995 Mr. and Mrs. E. Kirk Holland 4400 Van ton Road Cutchogue, NY 11935 Re: Appl. No. 4312 - Variance for Gazebo Dear Mr. and Mrs. Holland: Please find attached a copy of the Board's findings and determination rendered at our June 7, 1995 Regular Meeting concerning your recent application for a variance. For convenience purposes, we have forwarded copies of this determination to the Building Department for their permanent records. You may wish to contact the Building Department upon receiving the enclosures to obtain your final permit and Certificate of Occupancy(ies). In the interim you may be contacted by the Suffolk County Department of Planning pertaining to a $50 fee normally charged by the County for their review of variance and other projects located within 500 feet of a waterway or State or County Road. If you have questions pertaining to this determination, please feel free to call. Very truly yours, Linda Kowalski Enclosure cc: Building Department Suffolk County Department of Planning Page 3 - Appeal No. 4312 Application of JEAN C. HOLLAND-LONGNECKER Decision Rendered June 7, 1995 FOLLOWING CONDITION: The gazebo shall not be enclosed with walls, however, screening will be permitted. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa, Tortora and Goehringer. This resolution was unanimously adopted. s s s lk Z-Ge Chain^ i 43 '-o" I 4 ' CE= A9 A/ l,/aoa TG sly !-"e nTn/y FSLatX /.3 /J1~0 of r,?M~ /ado 1ii- 7 dad APPEALS BOARD MEMBERS o~~gUFFO(,~ co hy. Gy Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD M a y 10, 1995 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4312 Project/Applicants: Jean Holland Longnecker County Tax Map No. 1000-111-10-18.1 Location of Project: 805 Meadow Beach Rd., Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Gazebo "as exists" in front yard area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type 11 classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. me i • May 19, 1995 Mrs. Jean C. Holland Longnecker 4400 Vanston Road Cutchogue, NY 11935 Re: Appl. No. 4312 - Variance for Gazebo, as built Dear Mrs. Holland-Longnecker: n Please find enclosed a copy of the Legal Notice as published by /moo our office. You will note that the public hearing on the above- referenced application will be held on Wednesday, June 7, 1995 at the Southold Town Hall at 7:35 p.m. Also, you will find enclosed a Poster Notice which should be placed at this time either on a stake and located in the front yard (near road or driveway area) of the subject property, or placed on the front of the building (or fence, if appropriate) where it can be easily seen at the entrance by passersby. It is expected that Board Members will individually visit the area and view this yard area. Please complete the attached Confirmation of Posting, sign and return it to our office either by mail or hand delivery for our update and permanent file. Thank you. Very truly yours, Linda Kowalski Enclosures 0 0 BOARD OF APPEALS: TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of t~N C. HQLLAND-LONGNECKER CONFIRMATION OF POSTING -5; 3LOz .ILII_jgj:.acj F, residi g at W/C)c, V ~pS12M being duly sworn, depose and say: That on the / 0 day of May, 1995, 1 personally posted the property known as "805 Meadow Beach Road and 4400 Vanston Road, Cutchogue, NY" by placing the Town's official poster Notice on either a stake near the driveway entrance into the property, ;gin tke- front facing the road at the property, and that the poster has remained in place at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held June 7, 1995.) Dated: May 1995. 1 `1 EGA t e~~ eSt (signature) STATE OF NEW YORK) 41 ) SS: COUNTY OF SUFFOLK ) r~lrsy l SoutSour nd t Code - 1g ' ~ kX~~ hold, that the following public of Mattltuck, hearings will be held by the In said County, being duly sworn, says that he/she is SOUTHOLD TOWN BOARD OF Principal Clerk of THE SUFFOLK TIMES, a Weekly APPEALS, at the Southold Town Hail, 53095 Main Road, Southold, New Newspaper, published at Mattltuck, In the Town of York 11971, on WEDNESDAY Southold, County of Suffolk and State of New York, JUNE 7, 1996, comnrncing at 7:35 p.m. Appl. 4312 - JEAN C. and that the Notice of which the annexed Is a HOLLAND-11I.ONGNECKER and E: KIRX tinted copy, has been regularly published In said KIRx HOLLAND D. This 77ds application P PY+ is based upon the May. 5, 1995 Notice Newspaper once each week for weeks of Disapproval issued by the-Buiksng Inspector, wherein applicant is su a alvely, commencing on the day of requesting a building permit for an I 1 _Ode accessory gazebo (as exists), disap- proved on the following ground /~a • f~ - Article under the Zoning 3 Ar 0A.4 ticlcl Section 100-00-30l be "Access sory III-A. buildings, buik8ngs, lOD•33 shall be located in the required tear yard," The , CHRISTINA VOUNSKI subject premises contain a lot area of Notary Public, State of Now York appi,oximately 55,660 sq. ft. This No. 5004884 Principal Clerk property was in 1989 zoned R-40 Qualified in Suffolk County Low-Dbasity Residential. Property 1lornimssion Expires Nova 23, 1S.,.2- Location: Comer of Meadow Beach M. Road, lowland end Sunset Roads a,-" Nassau Poin4 Cutchogue; County Tax Map ID W. 1000-u 1-10-18.1. Notary Public Dated: May 19, 1995. ~I GERARD P. GOEHRINGER, CHAIRMAN 7 Sworn to fore me this SOUTHOLD TOWN BOARD OF APPEALS day of 19 8353.1TJul CORRECTED NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JUNE 7, 1995, commencing at 7:35 p.m. Appl. No. 4312 - JEAN C. HOLLAND-LONGNECKER and E. KIRK HOLLAND. This application is based upon the May 5, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for an accessory gazebo (as exists), disapproved on the following grounds: Variance under the Zoning Ordinance, Article III-A, Section 100-30A.4 "Accessory buildings, 100-33 shall be located in the required rear yard." The subject premises contains a lot area of approximately 55,660 sq. ft. This property was in 1989 zoned R-40 Low-Density Residential. Property Location: Corner of Meadow Beach Road, Lowland and Sunset Roads at Nassau Point, Cutchogue; County Tax Map ID No. 1000-111-10-18.1. Dated: May 19, 1995. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS For further information, please contact our office at 765-1809. FF04'Aar, JUDPfH T. TERRY Town Hall, 53095 Main Road TOWN CLERK C4 at P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 RIAGE OFFICER RECORDS RMANAGE ENT OFFICER Telephone (616) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4312 - JEAN C. HOLLAND LONGNECKER' c' DATED: May 30, 1995: /R v Transmitted is applicatioh-for-a-vWidnce-fir:om JEAN C. HOLLAND LONGNECKER,together with Building Department Application for Building Permit, Notice of Disapproval from the Building Department, map of proposed project's location , Notice to Adjacent Property Owners, Questionnaire for filing with ZBA application, Sketches of the proposed project with photos of structure. RElkIVE0I_c . l/, 02 si~'lti( MAY 1 0 1995 TOWN OF SOUTHOLD, NEW YORK Southold Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 4 , DATE S~~/,l S TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. se A0 1D1 Iq r-+P4ts / orA e? 1, (We)~R.N..~.1~:~~~a.Q.c4!N~Eaf .Bas' ~y~?P..ow.(.3~?~N....rQO va„SI~,~ f~ Name of Appellant Street and Number CaCfrl- fl~ il C?/C~04,U~......... /yr .~(9HEREBY APPEAL TO ~3 f s31y . Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO.~.!YL)(.N.~a DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of oo ,sy o PD 711,9 Street and Number Municipality State ( ) PERMIT TO USE (K) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY AQ.S„/~~ pcu 5y L`v l p 510E471.4Z- Street /Hamlet / Use District on Zoning Map District 1000 Section Block/6 Lot/8J . urrent Owner y~~AsYC h'OL/AND Co~4/YY~~e Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ZY/J Section /ap¢ /00"33 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 r 4. PREVIOUS APPEAL A previous appeo (has (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (>44 request for a variance and was made in Appeal No .................................Dated .............................r..................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that -,e G I f CI~~( a IS n o -Tr M 2 r 1e YeQ r ~f of ~ J roan ZHl (Continue on other side) ?tlnrY4 s11[1~A1 *d%V nnt/ In n!-r?,J Ai t Y.rktt mltr^lk^1110 nt+ 4r Ir*;.'~;r° REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because --A"/-~ S~2~e 1~p.~ \S a~ t'j c~1 Jam- 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because C( Jf a 01 \PL S ~ ~cc~ 11 W tc~ . 6 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because -h C, 7- Cl\ STATE OF NEW YORK ) rC n n COUNTY OF ) Signature Sworn to this day of............ 19 Notary ublic MME A. W0006 W"Ptll~e eIC WYY&k GMW& mtE.tpYwAttatM1414 d BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. The intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a a ian (Special Exception) (Special Permit) (Other) [circle choice] fore. Lx/sT~4 .v-~Z~FSbr i. 1. 2. That the property which is the subject of the Petition is located adjacen to your property and is des. cribed as follows: go Si ^q,~s~ODee~/uFt4e_// t?b re/~°fvy/z_ 13 Z 3. That the property which is the s4ject of such Petition is located in the following zoning district: "s/1~iaA,T1* L 4 That h~ such Petition, the undersigned will request the following relief: a4 ,Q 1,4~yc~ ---5°ra. ~resTi v~ ~~a 2. 19,6Z), 5. That the provisions of the Southold Town Zoning Code ap licable to the relief sought by the under- signed are Article a-.q Section1Q0 -20 /,06 -3_3 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners'NamesL°.412ZAyb Za,Yad4_e_464 Post Office Addr s ao 1/.~.~sT~ 7r- A/0 v ' Tel. No. (S/~) 7 ¢ -S3 , [Copy of sketch or plan showing proposal to be attached for convenience purposes.] prr", a np •s ftv ot,.... , tlYr.'t •AoM.£' ~t .z~ . PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS 14 STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) JS.a,? /~,LL.p Le~sn/,£GkAFl2 residing at q~60 pry, y i/¢3s being duly sworn, deposes and says that on the day e~7e-goG c e of 19 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of fce at ~~rC~{cC~v/E ?Y. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to bef re me this day of (19 ~9, / Notary Public MARIE A.1111= Na1sp R6fe, 81~M dtNN1~ Na OIYY0~1p~p~ ;nmmBsion E+~YwAaO~M iS, Mg f0 (This side does not have to be completed on form transmitted to adjoining property owners.) op af, F 'a ' . TOTAL TD aI+.W M. r a I r, \ 16,350 S.F. Qpp N L y PARCEL 55,6605F. t < 152425F TO. >o } yrao~f rLLED -IMP 1_ S lQT LI Ll PELL I-- 1_- l0i LINE SS w _ 1R " ~ ~ ~ ~p~ N 4NE _p N74~.630 W. --136-- ~ f ~ . R PA¢C L B'C~O BE SET OFF)'40.0005~~.I~ Yf t r e ~ . N7$1 t A, µ74'630k ` 1 I II I a a' IeJ .d n Et ~5 ss L a MAP _OF P20P05ED SET-OFF OF PROPERTY SUWEYED FOR EAN `NGNECk/Q2 LOT NO5.36! 371, F_FEE'I"J-MAP OF P~ arV OF Ar f hiAS=AU PCINI waLTE2! ;D.+E;F_'r'r~Fp I=E 9UfFCO-CLEQiC'% TE5 ':WN OF °JU-HO,D , N.Y ::FILE A; MAP NO 1257 lfiT5827f 528 REFER 70 -,c^-.I:CED MAPAOF NA53AU POIFJT'-SUFF. CO. Ml.F NO. 156. ?.GfQeJLQTV 15 IN TONE A 2ESJAIW 5. CUFF. Co I MAP DATA: TATS 36437• K100-I I I O I IaT5327l3z8'I~0-III-1- 4.wNTDUrzd REFERTpMEAN 3FR lEVEI. "~~~^^y"m„ 5. TE¢' FPLYS G DI TEMSWIU- .~...a..... o-~ WNWOM ~D TH~S~IA ipL2P* OF TNFSUFF.CO. DEPT: w...~ ° Of thiseform,sandnan vironmental reviews willc be rmnderes submission n by this ~)Oard before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS. (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. : (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes ~ X NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes 1( No 3. Will project alter or have a large effect on an existing body of water? - Yes _2:~NO 4. Will project have a potentially large impact on groundwater quality? Yes (Z No 5. Will project significantly effect drainage flow on adjacent sites? __Yes -Le-No 6. Will project affect any threatened or endangered plant or animal species? _Yes X No 7. Will project result in a major adverse effect on air quality? _Yes yt No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? -Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? -Yes X No 10. Will project have a major effect on existing or future recreational opportunities? Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes X No 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes _&No 13. Will project have any impact on public health or safety? _Yes X No 14. Will project affect the existing community by directlymcausing a growth in permanent popula- t of 5 percent over a one-year period or have a major negative effect on the Yes V No character of the community or neighborhood? 15. Is there public controvers concerting the project? . v Yes /~No Preparer's signature: /w./j- Representing- f~~Q./VC LT~CI.IgNO. LON .7BA 9,in, iiY,~Y bate: 1&16417/871-Text 12 PROJECT I. . NUMBER 617.21 % SEOR Appendix C \ State Environmental Quality Review SHORT ENVIRONMENTAL ASSESS /NT FORM For UNLISTED ACTIONS Only PART I-PROJEC INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME 7. PROJECT LOCATION: Municipality County e. PRECISE LOCATION (Streit address and road intersections, prominent Iadolnarke, ete, or provi map) S. 15 PROPOSED ACTION: ?N" ?Exoansion ? Modlflcatlonlarteratlon 6. DESCRIBE PROJECT BRIEFLY: /f 7. AMOUNT OF LAND AFFECTED: \ Initially acres Ultlma ly acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZOYIING OR THER EXISTING LAND USE RESTRICTIONS? ? Yea ? No If No. describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJEC ? Residential ? Industrial ? Comme al ?'Agriculture ? Park/ForasUOpen space ? Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVA OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAU? ? Yes ? No It yes, list a ncy(s) and permiUatiorovals y\, tt. DOES ANY ASPECT OF THE ACTI Y HAVE A CURRENTLY VAUD PERMIT OR APPROVA ? Yaa 'L1 N• If ye-, Its agency name and permitlapproval 12. AS A RESULT OF PROPOSE ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ?Yes ?No I CER IFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY OWLEIIGE Applicanilsponsor nam D if Signalure: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) ~o5UfF0(k jig pP Southold Town Board of Appeals 01 r~ MAIN ROAD -STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ~Y' TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS JAMES DINIZIO, JR. Application of JEAN C. HOLLAND-LONGNECRER for Variances to the zoning ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed Parcels A and B having insufficient area and width. Location of Property: Sunset Road, Beach Lane, and Lowland Road, at Nassau Point Map Section C, Lots 327 and 328, and Walter Grabie Map, Lots 36 and 37; Cutchogue, NY; County Tax Map Parcel No. 1000-111-10-18, 1, and 2. WHEREAS, a public hearing was held on August 18, 1988, and on October 6, 1988, all submissions were officially accepted and the file officially concluded; and WHEREAS, at said hearing all those who desired to be heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following findings of fact: 1. The properties in question are located along Beach Lane, Meadow Lane, Lowland Road and Sunset Road, at Nassau Point, Hamlet of Cutchogue, Town of Southold, County of Suffolk, and are identified on the Suffolk County Tax Maps as District 1000, Section 111, Block 10, Lot #1 and Lot #18. - 2. The properties in question are further identified as follows: (a) Lot #327 and #328 on the "Amended Map A of Nassau Point, filed August 16, 1922 as Suffolk County Map No. 156; and (b) Lots No. 36 and 37 on the "Map of Property of Walter C. Grabie filed April 19, 1938 as Suffolk County Map No. 1257. Both subdivision maps are listed under Section 100-12 of the Zoning Code "Exceptions" as to lot area and width requirements as enacted by the Southold Town Board by Local Law Amendments October 30, 1973. ''Page 2 - Appeal No. 3751 Matter of JEAN C. HOLLAND-LONGNECKER Decision Rendered November 16, 1988 3. By this application, appellant requests Variances from the Zoning Code, Article III, Section 100-31, Bulk Schedule, for approval of the insufficient area and width of two parcels in this proposed re-division of land and the insufficient setback of the existing dwelling from the relocated division line (to the south), all as more particularly shown on the Survey Map prepared by Roderick VanTuyl, P.C. dated June 29, 1987: (a) Parcel A with a total of 61,525+- square feet, inclusive of the improved dwelling parcel and section of land located opposite Lowland Road referred to as Lot 37 (both of 55,660 sq. ft. and 5865 sq. ft., respectively); (b) Parcel B with a total of 55,242+- square feet, inclusive of the vacant parcel and the section of land located opposite Lowland Road referred to as Lot #36 (both of 40,000 sq. ft. and 15,242 sq. ft., respectively; (c) insufficient setback of the existing dwelling to the proposed re-division line at four feet at its closest point. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 square feet (eff. 5/83), lot width (or street frontage) of 175 feet, minimum sideyard at 20 feet, and minimum rearyard at 50 feet. 5. Article III, Section 100-12, as amended 10/30/73 by the Southold Town Board by Local Law No. 5-1973, excepted the map of "Nassau Point" from the lot area and lot width requirements of the Zoning Code. 6. For the record, it is noted that the applicant acquired the subject premises July 17, 1967. Since that time, several building permits have been applied for and issued permitting substantial renovations and enlargement of the dwelling on these two lots, jointly. 7. Also noted for the record are: (a) Board of Appeals action rendered November 29, 1984 under Appeal No. 3230; (b) Board of Appeals action rendered June 19, 1985 under Appeal No. 3361; (c) N.Y.S. Department of Environmental Conservation Permit #10-84-0678; (d) Suffolk County Health Department approval dated April 6, 1988 pursuant to a Board of Review Determination made March 7, 1988, with reference to the subject premises. 8. A Declaration of Covenants and Restrictions has been previously submitted in legal form, which restricts all structures, buildings or dwelling(s) of any kind, except docks, bulkheads, rip-rap and similar accessory structures as permitted by codes, upon Lots 36 and 37, Map of Walter C. Grabie, located along the west side of Lowland Road (opposite the upland parcel) which document is required to be filed and recorded in the Office of the County Clerk. Page 3 - Appeal No. 3751 Matter of JEAN C. HOLLAND-LONGNECKER Decision Rendered November 16, 1988 9. The lots within District 1000, Section 111, Block 10, (in the immediate area of the subject premises) are shown by the current deeds to: (a) consist of two subdivision lots #329 and 330 within Lot #17, for a total area of 2.3+- acres; (b) consist of one subdivision lot #331 within Lot #16 for a total area of 1.1+- acres; (c) consist of one subdivision lot #332 within Lot #15 for a total area of 1.4+- acres; (d) consist of one subdivision lot for Lot #19, for a total area of 1.0+- acre; (e) consist of one subdivision lot for Lot #20, for a total area of 1.0+- acre. The lot area resulting by the alteration of the lot line as submitted is not out of character with a majority of the lots within the immediate block. 10. In considering this appeal, the Board also finds and determines: (a) the restriction as applied to his land does impose sufficient practical difficulties if the variance is denied; (b) the relief requested is not substantial in relation to the area requirements as excepted by the Town Board under Section 100-12 of the Zoning Code, although otherwise substantial in relation to the minimum lot-area requirement under Section 100-31, Bulk Schedule, of the Zoning Code; (c) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (d) there will not be an adverse effect of increased dwelling density thus produced on available governmental facilities; (e) there will not be a substantial change in the character of the area for the reasons noted previously; (f) that the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance, with the exception of relocating the existing dwelling building; (g) that there will not be a detriment to adjoining properties; (h) that in considering all the above factors, the interests of justice will be served by the grant of the relief requested, as conditionally noted below; (i) that the record is not sufficient to substantiate as required in the standards set by the Courts a denial of this application (Matters of Cowan v. Kern 41 N.Y. 2d 591; Fulling v. Palumbo, 21 N.Y. 2d 30; etc.). Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief as requested in the Matter of JEAN HOLLAND-LONGNECKER under Appeal No. 3751, SUBJECT TO THE FOLLOWING CONDITIONS: :Page 4 - Appeal No. 3751 Matter of JEAN C. HOLLAND-LONGNECKER Decision Rendered November 16, 1988 1. There be no further encroachment by building construction within 20 feet of the new division line on Lot B (to the south); 2. There be no further encroachment by building construction between existing dwelling and the southerly property line on Lot A (at any point); 3. Declaration of Covenants and Restrictions be prepared by applicant's attorney in legal form, to be executed, notarized, and recorded in the office of the Suffolk County Clerk, with copies to be furnished for the Board of Appeals record, restricting the above-referred Lots #36 and #37 from any construction of buildings or structures (with the exception of bulkhead, ramps, rip-rap or similar structures). 4. The lot area for Parcel A include the area from the lowland section (Lot #37), as applied, for a total area of 61,525 sq. ft. (55,660 + 5865 sq. ft.); 5. The lot area for Parcel B include the area from the lowland section (Lot #36), as applied, for a total area of 55,242 sq. ft. {40,000 + 15,242 sq. ft.). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, and Sawicki. (Member Dinizio abstained due to the fact that his effective date of appointment as a Board Member was subsequent to the hearing and filing of the application.) {Member Grigonis was absent (out-of-state)). This resolution was duly adopted. z lop Ae GERARD P. GOEHRINGER CHAIRMAN lk