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Home My WebLink About3931 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3931 Matter of JOSEPH SHIPMAN. Variance to the Zoning Ordinance, article X, Section 100-102, for permission to institute a second business, Bulk, Area and Parking Requirements. Property contains less than required business area. Property Location: 6619 Main Road, Laurel, County Tax Map No. 1000, Section 125, Block 01, Lot 19.7. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of JOSEPH SHIPMAN, under Appeal No. 3931; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the 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. The premises in question is located along the northwest side of Main Road, Route 25, Hamlet of Laurel, and is identified on the Suffolk County Tax Map as District 1000, Section 125, Block 01, Lot 19.7. 2. This is an application for Variances from the Zoning Code Article X, Section 100-102, for permission to institute a second business, bulk, area and parking requirements. Property contains less than required business area. Page 2 - Appl. No. 3931 Matter of JOSEPH SHIPMAN Decision rendered May 30, 1990 3. Article X, Section 100-102, No building or premises shall be used and no building or part thereof shall be erected or altered in the B District unless the same conforms to the Bulk Schedule and Parking and loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulation were set for the herein in full. 4. The subject premises is improved with two framed buildings, located to the rear of the property is a 50 X 35 building approximately 9 1/2 ft. from the southeast property line, 12 1/2+- ft. from the northwest property line and the second building is located 53+- ft from the north side of Main Road, Route 25 and 25 1/2+- ft. from the west property line. 5. In considering the application, the Board finds and determines: (a) that the circumstances of the application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and having a second business on this location will require other variance relief; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. GoehrinHer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of JOSEPH SHIPMAN as applied under Appeal No. SUBJECT TOTHE FOLLOWING CONDITIONS: 3931, 1. That the 35 X 50 ft. building in the rear of said parcel will be used as a second business that will not to exceed 35 X 50 ft. as it presently exists on the survey dated December 22, 1987 by R. Van Tuy1. Page 3 - Appl. No. 3931 Matter of JOSEPH SHIPMAN Decision rendered May 30, 1990 2. That the applicant place screening forward of the rear parking area, thence starting at a point approximately 135 ft. south of the west side rear corner property monument and running east approximately 120+- with the exception that the applicant may put a driveway for ingress/egress between the screening area not to exceed 10 ft. in width. 3. That the evergreens be approximately 3 ft. in height and be continuously maintained. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio (Absent Charles Grigonis). This resolution was duly adopted. df GERARD P. GO~/~ING~R, CHAirmAN RECEIVED AND FILED BY THE SOUTHOLD TOWN C~.FRK DATE ~- ~?-~o HOUR ;2',~L/~ Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L; HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE I$ HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MAY 15, 1990, at the following times: 7:30 p.m. Appl. No. 3940 - HAROLD AND SARA TAUBIN. Variance to the Zoning Ordinance, Article III A, Section 100-30A.4 (100-33) for permission to construct an accessory building in frontyard area. Accessory buildings may be located in the required rear yard. Property Location 625 Terry Lane, _Southold, County Tax Map No. 1000, Section 65, Block 1, Lot.23. ~age 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 7:35 p.m. Appl. No. 3937 - PATRICK LOHN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2480 Minnehana Boulevard, Southold, County Tax Map No. 1000, Section 87, Block 3, Lot 57. 7:40 p.m. Applo No. 3935 - JCM SALES AND LEASING. Variance to the Zoning Ordinance, Article XXIII, Section 239.4, for permission to construct an accessory deck, proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 62825 North Road, Greenport, County Tax Map No. 1000, Section 40 Block 01, Lot 11.1. 7:45 p.m. Appl. No. 3934 JOYLON STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 A(t), for permission to construct addition to one family dwelling. 'Proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 63035 County Road 48, Greenport, County Tax Map No. 1000, Section 40, Block 01, Lot 13. Page 3 - Notice of Hearings Southold Town Board Regular Meeting of May 15, 1990 7:50 p.m. Appl. No. 3933 - PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in front yard area. Fence in the front yard area not to exceed 4.ft. in height. Property Location: 34655 Main Road' Orient, County Tax Map No. 1000, Section 019, Block 01, Lot 5 & 6. 7:55 p.m. Appl. No. 3936 - LUCAS FORD. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C.9 (E), for permission to install an off-premises sign. Property Location: 43600 County Road 948, Southold, County Tax Map No. 1000, Section 063, Block 01, Lot 1.6. 8:00 p.m. Appl. No. 3943 - GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordinance, Article III A, Section 100-30 A.2 C(1) (100-31C), for permission to construct an off-premises sign. use in this district. Sound Road, Greenport, Block 1, lot 8. Off-premises signs Property Location: County Tax Map No. are not a permitted 69435 Route 48 & .55 1000, Section 35, Page 4 - Notice of Hearings Southotd Town Board o~ Appeals Regular Meeting May 15, 1990 8:05 p.m. Appl. No. 3945 - BIDWELL WINERIES. Variance to the Zoning Ordinance, Article III, Section 100-30, ~or permission to set up a temporary tent for cultural events. Proposed tent doesn't' address this condition in A-C Zone District. Property Location: 18910 County ~48, Cutchogue, County Tax Map No. 1000, Section 096, Block 04~ Lot 4.3. 8:10 p.m. Appl. No. 3929 - VINCENT ANNABEL. Special Exception to the Zoning Ordinance, Article III, Section 100-31, for permission to have an accessory apartment. Property Location: 4300 Stillwater Avenue, Cutchogue, County Tax Map No. 1000, Section 137, Block 2, Lot 21. 8:15 p.m. Appl. No. 3932 - MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Section 100-239.4 A, for permission to construct a swimming pool, Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, County Tax Map No. 1000, Section 014, Block 02, lot 3.5. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 8:20 p.m. Appl. No. 3939 - GEORGE SCHNEIDER. Variance to the Zoning ordinance, Article III, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insufficient sideyar~ setback. Property Location: 800 Sterling Road, Cutchogue, County Tax Map No. 1000, Section 104, Block 01, Lot 29. 8:25 p.m. Appt. No. 3932 - ROBERT GREDICK. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Article IIIA, Section 100-30A.4 (100-33), for permission to construct addition to dwelling and accessory garage in front yard area. Proposed construction will have insufficient front yard setback and accessory buildings may be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, 1000, Section 118, Block 04, Lot Cutchogue, County Tax Map No. 06. 8:30 p.m. Appl. No. 3931 - JOSEPH SHIPMAN. Variance t the Zoning Ordinance, Article X, Section 100-102, for permission to institute a second business, Bulk, Area and Parking Requirements. Property contains less than required business farea. Property Location: 6619 Main Road, Laurel, County Tax Map No. 1000, Section 125, Block 01, Lot 19.7. ~age 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 8:35 p.m. Appl. No. 3942 - DAVID & MARY ANN CREATO. Variance to the Zoning Ordinance, Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only (1) family dwelling permitted on each lot. Property Location: 3539 (ROW~ Cox Neck Road, Mattituck, County Tax Map No. 1000, Section 106, Block 08, Lot 51. 8:40 p.m. Appl. No. 3941 - CONSTANTINE GEORGIPOULOS. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for permission to construct a one family dwelling. Proposed construction will have insufficient front yard setback. Property Location: 1300 Lake Drive, Southold, County Tax Map No. 1000, Section 59, Block 1, Lot 21.6 & 21.7. 8:45 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVII, Section 100-281 I3), as disapproved, for permission to construct additions and alterations to garage with apartment. Garage living quarters has been dormant long enough to loose its non-conforming status and the use there of. Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 03, Block 07, Lot 05. Page 7 - Notice of Hearings Southold Town Board of Appeals RegUlar Meeting May 15, 1990 8:50 p.m..Appl. No. 3938 - VILLAGE MARINE. Variance to the Zoning Ordinance, Article XII, Section 100-112, Article XII, Section 100-111(C)1, Article XXIII, Section 239.4, for permission to enlarge preexisting marina building and install boat rack (outside). Property Location: 175 Bay Avenue, Mattituck, County Tax Map No. 1000, Section 122, Block 03, Lot 15.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 765-1809. Dated May 8, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Doreen Ferwerda FORM NO. 3 .. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ...~.c~..*~...../..~. ....... 19 fo~ ~i~ ~o ~~..~.~ ~&.~~~ ................... a~ L~ of Property .~.¢.J.~ ..... ~ ~...~ ........... ~~ ............. Hou~ No. St~et Ham/et ~w ~a ~p No. ~o0o s~tio~ .... ~ ~ ~. .... mo~ .... ~ ~ ....... Lot .. J.~... 7. ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds . . .~.. ~ .'~ .~/..o~..-./.~. Bum'-i'Iding Inspec or RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEALERI;~eDECISION OF BUILDING INSPECTOR ZOKIJNG BOARD OF AP~ALS, TOWN OF S~THOLD, N. Y. 1, (We) ........... .~. = ................ ~ ...................... Name of Appellom Street and Number .................. ~.,~.~.'...~....LT'..~.~..~...~.. .................................................. ?..~.; ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECT_OR. ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (~) ( ) ( ) Name of AppJicant for ~ermJt of Street and Number M~ici~li~ State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY ..... ~L{~........~.~.. ........ ~?.'.,,~.~.~....; ................................. Street /Hamlet / Use District on Zonir~j Map District 1000 Section Block Lot .... Current Owner Map No./[C~_~/>.~/~j~.~ 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 0rdi.nance.) Article ~/ Section ./~ ~ /~ 3, /~-YPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( /~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock 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~,,[~9~ 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 ( ) request far a variance and was made in Appeal No ................................. Dated ............................................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection ( ) A Variance to the Zoning Ordinance is r~uested for the reason that ~, ~ Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical diffic~i~S_ . or ~, ~ es- sary HARDSHIP because 2. The hardship created is UNIQUE and'is not shored by aH properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) COUNTY OF ~'~?,'~-~-'~") /,~':/ ,,,o: 7TOWN OF SOUTHOLD PROPERI~'Y"ilECORD CARD ., -OWNER STREET VILLAGE DIST. SUB, LOT S W '~ ~PE OF BUILDING RES. SEAS. VL. FARM COMM. ¢/CB. MICS. Mkt. Vdue LAND IMP. TOTAL DATE RF_Ng~RKS Tillable FRONTAGE ON WATER W~lond FRONTAGE ON ROAD /.~=~ ' ~.~' /~ /.) ~ M~adow~nd DEPTH H~ Plot BULKH~D Total Porch Deck Breezewa' Garage Foundation Basement Ext. Walls Fire Place Bath Floors Interior Finish Heat Pool Attic Patio Rooms 1st Floor Driveway Rooms 2nd Floor