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HomeMy WebLinkAbout3723 , Southold Town Board of Appeals '~~"~"t~l."~'~;~-"~TATI[ ROAD 25 SOUTHOL. D, L.I., N.Y. 11cJ'71 ~ TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3723 Application Dated March 25, TO: Mr. Angel0 Spet$i0te$ ]045 Budd'$ Pond Road Southold, NY 11971 1988 [Appellant(s)] June 9, 198~, At a Meeting of the Zoning Board of Appeals held on the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of AccesS to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article XI , Section 100-119.2(B) [ ] Request for Application of ANGELO SPETSIOTES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct deck addition at rear of dwelling with an insufficient setback from existing bulkhead at Budd's Pond, 1045 Budd's Pond Road, Southold, NY; Willow Point Subdivision Lot #11; County Tax Map Parcel No. 1000-56-5-13.1 (or 13). WHEREAS, a public hearing was held and concluded on Jun~-2, 1988 in the Matter of the Application of ANGELO SPETSIOTES under Appeal No. 3732; and 1. The premises in question is located at the end of a cul-de-sac at the most southerly end of Budd's Pond Road in the Hamlet of Southold, Town of Southold, and more particularly shown on the Suffolk County Tax Maps as District 1000, Section 56, Block 5, Lot 13.1 (or 13). 2. The subject premises contains a total area of approxi- mately 23,958 sq. ft. with a frontage of 101.37 feet along Budd's Pond Road and frontage of 273.62 feet along Budd's Pond Waterway. The premises is bulkhead along the waterfront approximately 175 feet in length and is improved with a single-family one-story frame dwelling (with attached garage) as more particularly shown on the sketched survey dated September 29, 1972, of Young and Young, Licensed Surveyors. 3. By this application, appellant requests a Variance from the Provisions of Article XI, Section 100-119.2(B) for approval of a 15 ft. x 18 ft. open deck (exclusive of step and stoop areas) which is setback approximately 32 feet from the rear property line (and approximate highwater line of th6 c6nal), although the deck is in line with the rear of the existing dwelling structure~ 4. Article XI, Section 100-119.2, Subsection B of the Zoning Code requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. DATED: June 9, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appl. No. 3732 Matter of ANGELO SPETSIOTES Decision Rendered June 9, 1988 5. It is noted that the deck in question will be a replacement of a previous structure in the same location Town Assessment Record). (see 6. No other appeals have been found of record concerning this property. 7. The premises is known and referred to as Lot #11 in the "Willow Point" Subdivision. 8. Southold Town Trustees approval for a waiver under the Wetland Ordinance Ch.97) was issued on April 27, 1988 for the subject deck construction. 9. The Courts have held that the area setback variance must meet the "practical difficulties" standard, considering at least the following: (a) the relief requested is not substantial in relation to the requirements; (b) the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and the circumstances are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, comfort, convenience, or order of the town; (e) the variance requested shall be the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. 10. It is the opinion of this Board that: (a) the relief requested in relation to the existing nonconforming setback of the dwelling is not substantial; (b) the project as proposed is not out of character with the neighborhood since there are other properties with the same or similar setback; (c) the circumstances of the property are unique as to its nonconforming setback from the canal [as exists], nonconforming lot area, width and depth, and as to its shape and character; (d) the variance will not be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) there is no other method feasible for appellant to pursue other than a variance. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to GRANT a Variance for the construction of a 15 ft. x 18 ft. open deck as applied in the Matter of the Application of ANGELO SPETSIOTES under Appl. No. 3732, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain open and unroofed (unenclosed); 2. That there be no overhead lighting that will be adverse to others in the area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk C~RARD P. GOEHRINGER, C~AIRMAN RECEIVED AND FiLED BY SOUTHOm TOWN! ! Town Clerk, Town of Southold TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL Date File No ............................. ..... 5~ ~.oc....~..~'..~.~. ~..~'~ PLEASE 'rAKE NOTICE that your application dated ...... for pcmdt to construct..~... ~..~..~.~ ..... Location of Property blot~se No. Street County Tax Map No. I000 Section ..'.,...'.'.~..~. .... Block ...... .-~.."7. ..... Lot .../.-ff..-./.' ..... Subdivision ......... ,.~ ....... Filed Map No ............... is returncd herewith and disapproved on the l~llowing grounds . 3uildinj/~nsp..ctor TOWN OF SOUTHOLD, NEW Y~RK I~OV~ (~F~ROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APDEALS, TOWN OF SOUTHOLD, Name of ApPellant Municipally THE ZONING BOARD OF APPEALS FROM THE DECISION OF APPLICATION FOR PERMIT NO ..................................... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) A,PEAL NO. 0,,,,3 ..... q.¥. treet ~nd ~um~r State rile BUILDING INSPECTOR ON ............................. Name of Applicant for permit of ....... Street and Number Municipal PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ............................................... Street /Hamlet District 1000 Section Block Lot ~ . .............................. : ................................................... curren~ Owner Map No. Lot No. UJ~Pke~O ?~ ~--~,~ t I Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED section and Paragraph of the Zoning Ordinance by number. Do Article_~T Section ibC)- j~c~_ 3. TYPE OF APPEAL Appeal is made herewith for (please ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (~) been of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea.l No ................................. Dated ............... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~') A Variance to the Zoning Ordinance ( ) is requested for the reason that ~/-~/L~ ~-~'~.~ ~,~6x-~, Form ZB1 ty 'State ...... / Use District on Zoning Map rndicate the Article Section, Sub- quote the Ordi.nance.). check appropriate box) Town Law Chap, 62 Cons: Laws ~ode with respect to this decision (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ~//~.~ ~.. ,,~-...4_~/ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becaase COUNTY OF~'~'w'4'/L ss Signature Sworn to this ............. Z..~...-.-~.... ................ doy of ....... ~'.'.~~ ................. 19~:~ Notary Public PATR GA CALLA[~A~ NOTICE OF HEARINGS NOTICE IS 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 BO~D OF APPEALS at a Special Meeting a~ the Southold Town Hal-, Main Road, Southold, New York, on THURSDAY, JUNE 2, 1988 at the foll6wing times: 7:30 p.m. Appl. No. 3718 PATRICIA STEG to the Zoning Ordinance, Article XI, Section 1 permission to locate new dwelling with an insu from existing bulkhead. Location of Property: Road #12 (off the South Side of Main Bayview R NY; County Tax Map Parcel No. 1000-78-6-5 and 7:35 p.m. Appl. No. 3723 ANGELO SPETSI to the Zoning Ordinance, Article XI, Section 1 permission to construct deck addition at rear with an insufficient setback from existing bul Pond, 1045 Budd's Pond Road, Southold, NY; Wil Subdivision Lot #11; County Tax Map Parcel No. (or 13). 7:40 p.m. Appl. No. 3732 ROBERT E. BID Exception to the Zoning Ordinance, Article III for a Winery for the production and retail sal from grapes primarily grown at the Bidwell Vin located at the South Side of C.R. 48, Cutchogu Map Parcel No. 1000-96-4-4.3 (prev. p/o 4.1). IER. Variance }O-119.2B for fficient setback 470 Private pad), Southold, 0.2 (now 10.3). }TES. Variance 30-119.2B for of dwelling khead at Budd's low Point 1000-56-5-13.1 WELL. Special Section 100-30B(14) of wine produced yards, ~remises , NY; County Tax 7:45 p.m. Appl. No. 3717 FREDERICK KOE LER, JR. Variance to the Zoning Ordinance, Article XI~ Secti6n )O:ll9.2B for per- mission to locate accessory structure along existing bulkhead at Cutchogue Harbor, premises known as 575 01~ Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-11t-3-6. 7:50 p.m. Appl. No. 3729 - GEORGE R. FUR$~. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for: (a) approval of insufficient lot area of proposed Lot #2; (b) approval of insufficient lot depth of pro (c) approval of yard setbacks as apply from t line to the existing dwellings. Location of P off Bell Hill Avenue, Fishers Island, NY; Coun No. ]000-009-03-002, containing 3.64± acres. )osed Lot #2; new division 'operty: Right-of-way Tax Map Parcel Page 2 Notice of H~-ings Southold Town Board o~/Appeals Special Meeting - June 2, 1988 8:00 p.m. Appl. No. 3730 ESTATE OF DOROTHY RUSSELL. Variances to the Zoning Ordinance, Article III, Section 100-31 Bulk Schedule for: (a) approval of insufficient lot area of proposed Lot #1 and Lot #2; (b) approval of iqsufficient lot depth of proposed Lot #2; (c) approval of i}sufficient yard setbacks as apply from the new division line t,~ the existing If Beach Avenue ~nd, NY; County ontaining 2± dwellings. Location of Property: North Side and West Side of Heathulie Avenue, Fishers Isl Tax Map Parcel No. 1000-009-11-9.1 (prev. 9), acres. 8:10 p.m. Appl. Noo 3731 NORTH FORK CO NTRY CLUB. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the placement of accessory gazebo structure in the frontyard area, premises known as 25650 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000 09-4-Lots l, 3, 4, and 7. 8:20 p.m. Appl. No. 3727 DOROTHY ABBOT Variances to the Zonirg Ordinance: (a) Article III, Se tion 100-31, Bulk Schedule, and (b) Article XI, Section l0 -119.2A, for anproval of attached deck with an insufficient easterly sideyard setback and insufficient setback from ~op of bluff along the Long Island Sound, premises known as 380 Private Road No. 3 (extending off the West Side of Rocky Point Road), East Marion, NY; County Tax Map Parcel No. 1000-21-1-2. 8:30 p.m. Appl. No. 3726 CLIFF & PHIL' Variance to the Zoning Ordinance, Article VI, for permission to erect off-premises-advertisi~ restaurant (previously Beachwood Cafe). Locat' for Sign: South Side C.R. 48, Southold, NY~ C~ Parcel No. 1000-59-10-4. (Owner: Edward F. K~ LOBSTER HOUSE. iection lO0-60C g sign for on of Premises unty Tax Map ster). 8:35 p.m. Appl. No. 3721 RUSSELL E. PL&NITZER. Variances to the Zoning Ordin. ance, Article III~ Section 100-32 for permission to locate pool, fence enclosure,~ pergola structure, and part of garden enclosure, in the frontyard area. Location of Property: Private Wilderness Point, Fishers Island, NY; County Ta Parcel No. 1000-12=2-6.5, 6.9 (prev. 6.6). Road, Map The Board of Appeals will hear at said ti~ and place any and'all representatives or persons desirins to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments ma~ be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1~09. DATED: May 12, 1988, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Mrs. Patricia Stegner, 91 Laurel Drive, Smithtlown, NY 11787 Mr. Angelo Spetsiotes, 1045 Budd's Pond Road, Mr. Robert E. Bidwell 27 Montrose Place Melville, NY 11747 Mr. James Gray, Sr., P.O. Box 1465, Southold, (as Agent for Mr. Frederick Koehler) Stephen L. Ham, III, Esq. Matthews & Ham, 45 Hampton Roads SouthamF as Attorneys for George R. Furse and Est~ 5outhold, NY 11971 ~Y 11971 ton, NY 11968 te of D. Russell Richard F. Lark, Esq., P.O. Box 973, John M. Wagner, Esq., Esseks, Hefter 108 East Main Street, Riverhead, as Attorneys for Dorothy Abbott Main Road, Cutchogue, NY 11§35 & Angel, P.O. Box 279, NY 11901 Cliff's and Phil's Lobster House, Inc., 50 North Sea Drive, Southold, NY 11971 Robert A.M. Stern Architects, 211 West 61st Street, as Agents for Mr. Russell Planitzer Mr. Charles Kadushin, 242 West 101 St., NY, NY 10025 NY, NY 10023 Suffolk Times, Inc., P.O. Box F, Greenport, NY 11944 L.I. Traveler-Watchman, Traveler St., Southold, NY 11971 (Board"Members with copies of files 5/19/88) Building Dept., Planning Board, Bulletin Boaro