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HomeMy WebLinkAbout3745Southold Town Board of Appeals MAIN ROAD- -C:;TATE ROAD 25 c::OUTHOLD. L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. RCD-"RT J. DCUCLASS JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS Appl. NO. 3745. Upon Application of JOSEPH SPITALIERE/JOHN C.W. CAMPBELL for a Variance for Approval of Access in accordance with New York Town Law, Section 280-a over private right-of-way located along the east side of Cedar Beach Drive (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to parcels identified on the Suffolk County Tax Maps as No. 1000- 90-4-14 and 19. WHEREAS, a public hearing was held on July 14, 1988 in the Matter of the Application of JOSEPH SPITALIERE under Appl. No. 3745; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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. This is an Application for Approval of Access pursuant to New York Town Law, Section 280A, over a private right-of-way extending from the east side of Cedar Beach Drive (just south of General Wayne Inn) and extending in an easterly direction 724.52 feet, thence in a curve (radius 114.57 ft.), and running thence southerly 150 feet, more or less, to the subject lots. 2. The vacant lots to which is access is requested are identified on the Map of "Cedar Beach Park" filed December 20, 1927 Map No. 90, as Lots #42 and #44, and on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lots 19 and 14, respectively. 3. This application does not reflect a formal request for access to any other lots in this vicinity, and this determination is made on the basis of two additional (new) dwellings on both the subject lots. P~ge 2 - Appl. No. 3745 Matter of JOSEPH SPITALIERE Decision Rendered August 18, 1988 4. Upon inspection of the right-of-way in question, it has been found that most of the presently traveled portion is at a width of 8-10 feet and the base is in fair condition with some depressions and potholes. The end portion nearest Lot #42 is heavily wooded. (See both topographical maps prepared by R.J. Mavrikakis, Land Surveyor, Hauppauge, NY, lastly revised June 18, 1988, submitted for the record.) 5. It is the opinion of the Board Members that the right-of-way is in need of repair, resurfacing and placement of stone blend, as further noted below. In considering this application, the Board finds: (a) that the relief requested is necessary; (b) the grant of the relief requested will not cause a substantial effect or detriment to adjoining properties; (c) the circumstances of this appeal are unique to the property; (d) the practical difficulties are sufficient; (e) there is no other method feasible for appellant to pursue, other than a variance; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting a conditional variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT approval of access to Lots 942 and #44 of the "Map of Cedar Beach Park" filed December 20, 1927, identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lots 14 and 19, respectively, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That all potholes and depressions be filled and compacted with bankrun, and leveled; 2. That the entire length of the right-of-way be cleared to a minimum width of 12 feet and height of 14 feet; 3. That the entire length of the right-of-way be resurfaced with two-inches (2") of stone blend for a width of 8-10 feet, except that the wooded portion of the right-of-way near the end (close to Lot #42) may be resurfaced to a width of eight feet. .~age 3 - Appl. No. 3745 Matter of JOSEPH SPITALIERE Decision Rendered August 18, 1988 4. That the right-of-way be continuously maintained in good condition (at all times). 5. Final inspection to be made by this Board (or an authorized representative of this Board. 6. That there be no disturbance to wetlands in the area. 7. That the improvements required herein may be constructed at any time up until and before the issuance of a Certificate of Occupancy for either newly proposed dwelling structure. Vote of the Board: Ayes Messrs. Goehringer, Grigonis and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk RECEIVED AND /LED BY THE SOUTHOLD TOWN CT.k'tRK DATE ~'/'~/~ HOUR ~/ ~ f~ ,~ Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Sect Law and the Code of the Town of Southold, thc will be held by the SOUTHOLD TOWN BOARD OF At Meeting at the Southold Town Hall, Main Ro~d on THURSDAYt JULY 14, 1988 at the following 7:30 p.m. AppI. No. 3733. Esme and Ni Variance to the Zoning Ordinance, Article XI~ for permission to locate accessory (gazebo) feet of the top of bluff along the L.I. Soun( as 760 The Strand, Pebble Beach Farms Marion, NY; County Tax Map Parcel No. .on 267 of the Town following hearings PEALS at a Regular Southold, NY 11971, imes: holas La~udis. Section 100-119.2 tructure within 100 · at premises known Subdivision Lot $129, East 1000-30-2-84. 7:35 p.m. Appl. No. 3735. DINO AND ~LY~N. ROSSINI. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition, landing and stairs near and along bluff of the L.I. Sound at known as 755 Soundview Avenue, Mattituck, NY; County Parcel No. 1000-94-1-6. 7:40 p.m. Appl. No. 3736. JOHN R. Variance.to the Zoning Ordinance, Article XI, Section 10a-119.2 for permission to construct deck addition within 75 feet of bulkhead along Peconic Bay, at premises known as 160 51ue Marlin Drive, Southold Shores subdivision Lot $2, Gre~nport, NY; County Tax Map Parcel No. 1000-56-7-20. 7:45 p.m. Appl. No. 3738. GEORGE BOHN:CHEIN. Variances to the Zoning Ordinance, Article III, Sectior 100-31, for permission to extend garage located inthe fzontyard area and attach same to existing dwelling, and to construct additions to square off rear of dwelling in excess of maximum-permitted lot coverage requirement, at premises known as 560 Oak Street, Cutchogue, NY; Lot ~24 and one-half of ~25, ~p of Eugene Heights; County Tax Map Parcel No. 1000-136-±~44. 7:50 p.m. Appl. No. 3743. NORTH FORK GREEK! COMMUNIS~f ASSOCIATION, INC. Special Exception uo the Z~ning Ordinance, Article III, Section 100-30B for permission tD expand building for a Place of Worship .at premises known as 950 Luthers Road, Mattituck, NY; County Tax Map Parcel No. 1000 -106-9-6.1. 8:00 p.m. Appl. No. 3737. JOHN and JOA POLYWODA. Variance to the Zoning Ordinance, Article VII, Section 100-71 to consnruct 11'6" x 36' addition (for storage) ~ith an insuffi- cient $ideyard setback at the westerly yard a~ea, a= premises known as 55560 Main Road and 20 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-62-3-2. B-1 Zone District. 8:05 p.m. Appi. No. 3741. DOUGLAS AND ELIZABETH WHELAN. Variance to the Zoning Ordinance, Article III~ Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient setback at the easterly side of 9xisting dwelling which has been determined by the Building Inspector to be frontyard area, at premises known as 1145 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-1~.7-03-8. Page 2 - Notice of Hearings Regular'Meeting-July 14, 1988 Southold Town Board of Appeals 8:10 p.m. Appl. No. 3748. JAMES and ELAINE KELEMBELIDIS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to extend deck with an insufficient rearyard setback, at p~emises known as 395 Dogwood Lane, Southold, NY; County Tax Map Parcel No. 1000-54-5-28.1 8:15 p.m. Appl. No. 3742. OLIVER CAMPBELL. Special Exception to the Zoning Ordinance, Article ~X, Section 100-90A for permission to construct principal building for storage purposes in this C-1 Industrial Zone Distriqt in conjunction with sand and stockpile yard, a~ premises located along the west side of Cox Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-84-03-5. 8:25 p.m. Appl. No. 3745. JOSEPH SPI5 CAMPBELL. Variance for approval of access New York Town Law, SectiQn 280-a over privat located along the east side of Cedar Beach General Wayne Inn) and extending in an east~ southerly direction to parcels identified os Tax Maps as No. 1000-90-4-14 and 19. 8:35 p.m. Appl. No. 3749. STERLING IE Variance to the Zoning Ordinance, Article VI Bulk Schedule for approval of insufficient the northerly property line for proposed pri premises known as 46025 C.R. 48, Southold, Parcel No. 1000-55-2-18.1. B-1 General Busi The Board of Appeals will at said time and all persons or representatives desiring of the above matters. Written comments may prior to the conclusion of the subject hearJ will not start before the time allotted. Fo please call 765-1809. Dated: June 27, 1988. ALIERE/JOH/~ C.W. accordance with e right-of-way rive (just south of rly and thence the Suffolk County .LA VENTURES. I, Section 100-71, earyard setback 'from lcipal building, at 6; County Tax Map less Zone District. ~nd place hear any ~o be heard in each ~lso be submitted ag. Each hearing more information, BY ORDER O BOARD OF GERARD P. Linda Kowa lski, THE SOUTHOLD TOW/~ PEALS ~OEHRINGER, CHAIRMAN Board Secretary Instructions to newspapers: Please publish on THURSDAY, JUNE 30r 1988, and forward 11 affi- davits o~ publication to: Board of Appeals, Main Road, Soutold, NY 11971, on or before July 5, 1988. t~i,F, ASE TA.i<E NOT1CE th;~t your ~ ~lic~tio~ d ~ od ') ...~.~ ........ ~P ~.~.. for i ~m~it to construct ~ ~ ' ~ ~ ~t ............ ~..~ ......... :...~ .......... ; .............. CountyT,x M;,pNO. !O00Scctio,~ ..'...0.~.9 .... t)Iuck .... ~.~ ...... Lot .f.~ .......... gui,~divi~h)n ................. [:ilcd.~[flp ~o ................. Lot No ................. is returned hcmv4lh and di',n~i~?rovt'd t)n file l'ollowin:~ l.lrounds , .(~ ..~.. S~MP. ?t-,~-~..~,. s.,?~... ~ ~~.~ .~:~ .~..~.~.~ ~ ~ APPRAI.~ BOARD MEMBElq~ C,~rard P. Caoo...hring~r~ Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Ri,h-~cl C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 10, 1993 SCOTTL. HARRIS Supervisor Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Joseph Spttaliere 9 Noel Place Smithtown, NY 11787 Re: Appl. No. 3745 - Improvements within Right-of-Way Dear Mr. Spitaliere: This letter will confirm that we are in receipt of your request for a final inspection of the right-of-way which is the subject of the aboye appeal, and which right-of-way extends off the east side of Cedar Beach Road (near its intersection with South Bayview Road), which provides access to Lot #41 & 42 (combined) and Lot #44 shown on the "Map of Cedar Beach Park." The improvements recently constructed at the base of this right-of-way are foundto be excellent and acceptable as meeting the specification requirements undei the above determination. Please be aware that each and every lot along this access route will be subjected to periodic inspection and update, and to continuously maintain the entire length of the right-of-way in good condition, at all times (as per New York Town Law, Section 280-A). Please feel free to call us at any time if you have ques- tions. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Building Department Attn: Inspectors TOWN OF SOUTHOLD, ~"1~ APPEAL FROM DECISION OF BUILDING INSPECTOR JUN 2 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, tqome of ,~ppelbn,t .... .......................................... Municipality 1988 XPPEAL NO. L~.& ...... ~d ' treet ~nd ~umber ....... ...... State THE ZONING BOARD OF APPEALS FROM THE DECISION OF ~HE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED '"'?~" '~'X- W,EREBY THE BUiLDiNG NSPECTO~ DEN,~D TO of Name of Appficant for permit I 5treet and Numger ~unicipall~ State -- ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....~...~..~.~'~..~...~.~,.~<....~....~... Street / Hamlet District 1000 Section---__-~Bl°ck-~'L°t~/C ................................................................................. urrent Owner l~, Ne. ~ ~,~-~A~F'd ~.L~-No. Pri or Owner Use District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED ( ndicate the Article Section, Sub- section and ~aragraph of the Zoning Ordinance by number. Do no' quote the Ordi.nance.) ArtJ cle Secti on 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( } A VARIANCE to the Zoning Ordinance or Zoning Map (1,~' A VARIANCE due to lack of access (State of New York Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A p'evious appeal (has)(~k~as not~)/been of the Building Inspector or with respect ~o this property. Such oppeat was ( ) request for a special aermit ( ) request for ~ variance and was made in Appeal No ................................. Dated Town Law Chap. 62 Cons. Laws ~ade with respect to this decision R. EASON FOP, APPEAL (/~ A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that Form ZB1 ~'¢ ,r, (~ontinue on other side) REASON FOR APPE~C ~ ~ .... ~ ~'- :>~ Continued !. STRICT APPLICATION OF ~E?O~RDINANCE would produce practical difficulties or unneces- Sary HARDSHIP Becg;USe<~ , _'7~_~ z~.~h~,~'Z'/.~'~t'~' ,~f2 ~~ ~ ~ 2. The hardship created is UNIQUE and is not shored by ail properties alike in the immediate v ci~ity of this I~roperty and in this use district because '~ 3. The Variance would observe the spirit of the Ordinance (:nd WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because '~,A,,~ STATE OF N EWYORK ) COUNTY m~ Publi~ ~te ~ N~ Yo~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OW:----N ER ~STREET VILLAGE DIST. i SUB. LOT FORMER OWNER N E ACR. ,~ I /J / "~'~ ' l~*~/ S W TYPE OF BUILDING RES. S~S. VL ~ FARM COMM. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE REMARKS -~ ~/~ _ L ~ b~ 4~ ~ ~, ~ ~- ~,,~, ~ Ct,,, ?~c~/( Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowlaed DEPTH House Plot BULKHEAD Total TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER ,TREET VILLAGE DIST. ' SUB. LOT ('5'~:ORMER OWNER N E ACR. RES, S~S. VL. FARM COMM. CB. MICS. Mkt. Velue Z/~ _ ~ND IMP. TOTAL DATE REMARKS I ~ ~- ~ b,. ~- g~ ,~ 4~. -~c~. p '(~,, ~,~ t~.. Tillable [ FRONTAGE ON WATER J Wo~lond FRONTAGE ON ROAD -Meadowlcnd [ DEPTH House Plot BULKHEAD Total { _ ~ OWNER FORMER OWNER RES. LAND SEAS. IMP. AGE NEW Farm Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total STREET S NOP~MAL Acre TOTAL B E LOW $OUTHO[D E P"~OP;RTY VILLAGE W FARM COMM. DATE REMARKS RECORD CARD ..~ /4 7172. 3 CONDITION ~o ABOVE Volue DISTRICTing. I SUB. ACREAGE TYPE OF BUILDING Value Per Acre LOT -4~-. (//,~.. DOCK .................... FRONTAGE ON ROAD B~JL~-HE~D FRONTAGE ON WATER IND. CB. I MISC. I Est. Mkt. Value