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Home My WebLink About3713 Southold Town Board of Appeals N1AIN ROAD- STATE ROAD 25 SmUTHI3LD, L.I., N.Y. 119'71 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. 37]3 Application Dated February 9, ]988 TO: Mr. and Mrs. Robert P. Staron 1490 Waterview Drive Southold, NY 11971 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on April 7, ]988, 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 IX]Request for Variance to the Zoning Ordinance Article III, Section 100-32 [ ] Request for Application of ROBERT STARON for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the construction of accessory storage shed with an insufficient setback from property lines as premises known as 1490 Waterview Drive, Southold, NY; County Tax Map Parcel No. 1000-78-7-54. WHEREAS, a public hearing was held and concluded on March 17, 1988 in the Matter of the Application of ROBERT STARON under Appeal No. 3713; and WHEREAS, 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, 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: l. The premises in question is located along the south side of Waterview Drive in the Hamlet of Southold, Town of Southold, containing a total lot area of approximately 17,600 sq. ft., and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 78, Block 7, Lot 54. 2. The subject premises is improved with a single-family, one-story frame dwelling, inground swimmingpool, fence enclosure and the subject utility shed, all as depicted by sketched survey of March 5, 1987 submitted with this application. 3. By this application, appellant requests a Variance from the Provisions of Article III, Section 100-32 of the Zoning Code for the location of an accessory utility shed of a size 14' x 16' in the rearyard area with setback of 1.0 feet and 3.2 feet from the southwest corner and setbacks of 2.3 and 4.3 feet from the southeast corner of the premises [see survey prepared by Peconic Surveyors & Engineers, P.C. #87-173 dated March 5, 1987]. (CONTINUED ON PAGE TWO) DATED: April 7, 1988. CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 - Appl. No. 3713 Matter of ROBERT STARON Decision Rendered April 7, 1988 4. Article III, Section 100-32 of the Zoning Code permits the location of an utility shed, for storage purposes accessory and incidental to the principal dwelling, only in the rearyard, with setbacks of not less than three feet from any property line. 5. On November 17, 1986, a Building Permit (#15498Z) was issued for the subject accessory shed in the rear yard area with a setback of four feet from the nearest property line. The utility shed was built. Inspections were made on June 5, 1987 and on September 30, 1987, noting that the building appeared too close to the property lines. The initial survey prepared by Roderick VanTuyl, P.C. depicted only the dwelling structure and the shed and pool were later sketched in. The survey prepared by Peconic Surveyors & Engineers, P.C. dated March 5, 1987 confirmed the position of the subject utility shed [as previously noted]. 6. For the record it is noted that the subject premises is nonconforming as to lot area, width and depth, and appears to have been held in single-and-separate ownership since the increased lot area requirements adopted November 1971. 7. In considering this application, the Board also finds and determines: (a) the angle of the side lines of the subject premises lends to the uniqueness of this situation; (b) the project will not be adverse to the character of the neighborhood; (c) there is no other method feasible for appellants to pursue other than a variance or other than re-locating the base and shed; (d) the relief requested is the minimal necessary, since the remaining setbacks of the shed will meet the minimum three-ft, setback requirement of the Code; (e) the relief is substantial at this most southwesterly corner; (f) there will be no increase in dwelling density resulting from the grant of this variance; (g) the nonconforming location of another aluminium shed presently situated directly on the rear property line is proposed to be removed; (h) the practical difficulties are self-created. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal Page 3 - Appl. No. 3713 Matter of ROBERT STARON Decision Rendered April 7, 1988 No. 3713 for the location of a 14' x 16' utility shed as shown by survey prepared by Peconic Surveyors & Engineers dated March 5, 1987, with setbacks at the most southwesterly corner at 1.0 feet from the westerly side property lien and at 2.3 feet at the southerly rear property line, as applied, and SUBJECT TO THE FOLLOWING CONDITION: That a gutter be placed along the rear (south side) of the roof of the subject utility shed draining toward the east and into a two-ft, storm ring basin (or 55 gal. drum) underground. Vote of the Board: Ayes: Messrs. Goehr nger, Grigonis, Douglass [with exception*) and Sawicki. (Member Doyen of Fishers Island was absent.) [*Member Douglass voted with exception to the fact that the monolithic base and structure could be slid to realign this southwest corner.] This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN April 13, 1988 Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant ~o Section 267 of the Town Law and the Code of the Town of Southold., the following hearings will be held by the SOUTHOLD TOWN BOAR OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, York, on THURSDAY, MARCH~i'?,'i988 at the follow- Southold, New ing times: 7:30 p.m. Appl. No. 3714 DALE MAYNARD. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the insufficient area and width of two parcels as approved by the Planning Board in the subdivision known as "Seawood Acres', Section I"' Filed Map No. 2575. Location of Property: West Side of Seawood Drive, Southotd, NY; County Tax Map Parcels No 1000-79-7- 64 and 65. t~he 7:40 p.m. Appl. No. 3713 - STARO~. ROBERT Zoning Ordinance, Article III, Section lO0- of the construction of accessory storage shed w cient setback from property lines at premises k Waterview Drive, Southold, NY; County Tax Ma~ P No. 1000-78-7-54. 7:45 p.m. Appl. No. 3711 ERNEST AND DOR Variance to the Zoning Ordinances Article XI, S for permission To construct deck with an insuff from existing bulkhead at premises known as 915 Drive, Southold, NY; County Tax Map Parcel No. 7:50 p.m. Appl. No. 3712 ROBERT CLEMENS (a to the Zoning Ordinance, Article III, Secti Bulk Schedule, for permission :o construct addi dwelling with an insufficient rearyard setback easterly property line, and (,b) for approval o pursuant to New York Town Law, Section 280-a ov right-of-way extending off the south side of Ma Road, Southold, NY; County Tax Map Parcel No. 1 8:00 Variances 100-119.2 Variance to ~ 2 for approval ith an ihsuffi- ~own as 1490 ~rcel ROBINSON. ~ction 100-119.2 icient setback Mill Oreek 000-135-3-37. Variances: )n 100-31, ~ions to From the F ccess ~r a private in Bayview )00-87-5-17. p.m. Appl. No. 3543 PETER AND BARBIRA HERZ. to the Zoning Ordinance, Article XI, ~ection for permission to locate new single-family dwelling Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 17, 1988 with insufficient setbacks from existing bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay, premises known as 70 Cedar Point Drive~ Southold, NY~ ;eoar Beach Park MaD, Part of Lots 152 and llO; County Tax Map Parcel No. 1000-90-02-13.1. 8:20 p.m. Appl. No. 3687 JON C. KERBS. Interpretation and, if necessary, Variance unuer Article XI, ~ction 100-119.2 of the Zoning Code, for permission to locate b~ilding 75 feet from the N.Y.S. D.E.C. determined tidal wetlants approved under D.E.C. Permit #10-86-0092 and i w~th Town Trustees Wetland Permit No. 373 cord approved June 25, 1987. Location of Property: of Narrow River Road, Orient, NY$ County Tax No. 1000-27-2-5. 8:35 p.m. Appl. No. 3710 - THE COVE AT Variance under Article XI, Section lO0-119.2 ol Code, for permission ~o locate buildings 75 or from the N.Y.S.D.E.C. determined tidal wetlan( at not less than 18 feet from the Tow~ Trustee~ wetland grasses as approved under Trustees Pern No. 601. Location of Property: South Side Road, Southold, NY; County Tax Map Parcel No. The Board of Appeals will hear at said ti all representatives or persons desiring to be of the above matters. Each Hearing will not s the time allotted. Written comments may be su to the conclusion of the subject hearing. For tion, please call 765-1809. tine as accordance tionally East Side ap Parcel UTHOLD, INC. the Zoning ~ore feet s line arm determined it Application f Main Ba~view 000-87-5-20. e and place eard in each art before mitted prior more informa- Dated: March 3, 1988. BY ORDER OF THE S(,UTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINI~ER, 'CHAIRMAN Linda Kowalski, B(ard Secretary TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL ·. Date ...... Subdivision .................. Filed Map No ............... is returned hercwith and disapproved on the following grounds · Lot No .................. :'.~....-a..~.~Z~,,/..a,. :...~_f~) ~ ~ ~,~~o.~.~.. ~ ....... L~'...L~. ,uilding Inspector RV 1/80 PLEASE TAKE NOTICE that your application dated .. I 19 ~ 7 for permit to construct ~ .(~e.,~..~ .................................... at Location of Property . ./.~/.c/.D. .... ..~..o,~44-~...'?.~P... ~ .~.,. ....... ~~..~. ..... House No. S~reer Hamlet County Tax Map No. I000 Section . ....c~..~ ...... Block ..... ~ .'1. ..... Lot . .'.~-'-~ ........ FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL gOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined .~.~.-:'*~==..b'-A~... t .'~, 19 '~.G Approved .~..~).~'~..~.../.?., 19 .~(¢.. Permit No../..~.~/..~. ?..~. Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERM I1' INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and su sets of plans, accurate plot plan to scale. Fee according to schedule. b. PloI plan showing location of lot and of buildings on premises, relationshi or areas, and giving a detailed d~scripffon of layout of ?oper~ must be drawn o cation. c. The work covered by this application may not.bb ~oihmenced before issuan, d. Upon approval of this application, the Building. Inspector will issued a Buff{ shall be kept on the premises available for inspection throughqjat the work. e. No building shall be occupied or used in whole or in part for any purpose shall have been granted by the Building Inspector APPLICATION IS HEREBY MADE to the Building Department for the. issu~ Building Zone Ordinance of the Town ~)f SoUthold, Sufgolk '~County, New York, Regulations, for the construction of buildings, additions or alterations, or for ren (maili State whether applicant is owner, lessee, agent, architect, engineer, general con ..... ~..~.~.£~e.. ................................................ Received ............ 19... )mitted to the Building Inspector, with 3 to adjoining premises or public streets the diagram which is part of this appli- of Building Permit. mg Permit to the applicant. Such permit fha{ever until a Certificate of Occupancy {ce of a Building Permit pursuant to the nd other applicable Laws, Ordinances or pplicant, if~corporation)a... or name, 27. ............ ....... factor, eldctrician, plumber or builder. Name of owner of premises .. ~,~.~'~'. S~.t~.~... (as on the tax'i~ll or latest ~e~d) If applicant is a c~gration, 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 ..................... Location of land on which proposed work will be done ................... · ./. Cfc.. .K.o. ez.4.0. ......... /../.f..? House Number Street f -~' '~' County Tax MapSo. 1000Section ..~2..~..... Block ..... ~ Subdivision ............. ~.0.~.~.,.__ ............... Filed Map No. . . (Name~ State existing use and occupancy of premises and intended use and occupancy a. Existing use and occupanck i.~...~. 7~...~-~.... ~!.g..~.....~...~-~... b. Intended use and occupancy ...~..~..v~..~..~'....4./~.~.....~...~... Hamlet 7. ..... Lot .... ~:-.....'~.~. ........... Lot ............... f proposed construction: 3. Natureofwork(checkwhichapplicable): New Building .~.~.~.0 .... Addftion .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... · · . · (Description) 4. Estimated Cost * ~ l} Fee ................................ _ ~ (to be paid on ~ing this application) 5. If dwelling, number of dwelling units .... ~tu~/l0 = ..... Number of dwelling units on each floor ................ If garage, number of cars 7. Dimensions of existing structures, if any: Front. '~/1~ ........ Rear .............. Deptl{ . .............. Height .............. Number of Stories ..... t.L~ ................................................. Dimensions of same structure with alterations o/r~,ons: Front ................. Rear .................. Depth ...................... Height ... ~..,.~.,.: ............. Number of Stories ...................... Dimensions of entire new construction: Front ..... /.~..t. ..... Rear ...l~/. ........ Depth ../.$./. ........ Hexght .. ~..~'. ........ Number of Stones .... ./ ................................................... S~ze oflot: Fron~ . ./.0. p?. .............. Rear. . .~.. ............. Depth . J00.~.l~.i} DaZe of Purchase ............................. Nme of Former Owner ............................. Zone or use district in which premises are situated., f.~..~.O.... ~..~...~..7'./-/.O..t,.l)...'~. p..,~. ~: .................... Does proposed construction_ ¥iolate any zoning law, ordinance or regulation: ... ~..~ .......................... Will lot be regraded ..... .~.~. .............. [... Will excess fill be removed from premises: ~ ") No Name of Owner of premises /./1/~t~...~fi.~ .~..~. ~)~. Ack~O~/-~) ........... Phone No. Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ ~ Yes ..... No '8. 1~. I1. !2. 13. 14. !5~ Is this property located within 1~00 feet of a tidal wetland? * I~ yes~ Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. 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 coruer lot. STATE OF NEW YORK, S.S -~-~ COUNTY OF ................. ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual s~gmng contract) above named. ?[e is the ......................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn tc before me this ............ · ~/-4~V,/ . . . ......... day of .... ,.~0T..~. o., 19 -~-~. Stm..0:~.-~- (Signature of applicant) TOWN OF SOUTHOLD, NEW YORK- TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, Name of APpeffor~t ~'T/gI~ ix/ ............... ......................................................... Municipality THE ZONING BOARD OF:APPEALS FROM THE DECISION OF APPLICATION FOR PERMIT NO ....... /~..~..~..~. ............. DATED WHEREBY THE BUILDING INSPECTOR DENIED TO ....... ......................... Name of Applicant for permit Street and Number Municipal ( ~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY '( ) APPEAL NO. DATE .~.G..~ ..~...~/ N.Y. .............. ~treet and Number ............ State THE BUILDING INSPECTOR ON ....... ......................... 1. LOCATION OF THE PROPERTY ..... /.?/~.~......~...q.~.~..~..~..I.?,..~.,....~..~..~..~...O,.~...~.,~.(2~,~.t.~.~. Street /Hamlet[/ 'Use District On .D~.!~s.`t..r~.i..c..t...].~..~..~...~s.~e~.c.t..!.~..n.....7.~.~B.~.~.~?..~.?~.~.C~rre~t ~nej ~"'~um~T ~ Z~O~',~ Map No. Lot No. Prior Own~. ' 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED ~lndicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance ? number. Do nc~t quote the Ordi.nance.) Article ~ Section /O~)- ._,q~ ~' J 3. TYPE OF APPEAL Appeal is made herewith for (please (- ~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A ~/AR!A~CE due to la~sk of access (State of New York Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (Has not) been ~ ~ade with of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appea.I No ................................. Dated ................. check appropriate box) Town Law Chap. 62 Cons. Laws respect to this decision REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~'~o?/_j /-4JE~- ~,q~=~ ~ Form ZB1 (Continue on other side) REASON FOR APPEAL Continued sary HARDsHIp because /o~ ~o~£7~ ?~S AJ~7' ~$7'/~/c? USE STRICT APPLICATION OF THE ORDINANCE would produce practical dmfficultm~ ~r unnece~- ~ 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 -~ ~//~27~ ~' (~ ~TA/ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~/~ ~-- ~ ~ d~&DIp~ $3 WATERVIEW DR. S. 38°3?' 50"E · I00 00' CERTIFIED TO: ROBERT P. STARON LAURIE A. STARON "reputed in accordance wit~ the m)nimum tandar~ ~r ~le ~r~eys o$ estob~i~hed by l~e t;LA.L.S, e,d ~,p~t and ~doe~ ~r ~ ~e by~ The New Yo~ ~ ~ ~le Ass~ciation~ MAIN ~ SOUTHOLO, N.Y. ll971 °09'40'' W' 1~'5 0 0 ~/" SURVEY OF PROPERTY BAYvIEw Tow SOu'THOL SuFFOL KI cOUNTy, N.Y. lO00 - 078/ ~' 07 - SCALE ~" =', ~0' MAR J(9 87 .Y. S,LIC. NO. 49618 I S 8,ENGINEERS~P.C. 54