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HomeMy WebLinkAbout3718CA-approval of access concerning premises having insuff, area and width. ! Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 111971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Appeal No. 3718. ACTION OF THE BOARD OF APPEALS TO: Rudolph H. Bruer, Esq. as Attorney for PATRICIA STEGNER Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on June 9, 1988, the above appeal was considered, and the Action indicated below was taken on your Request for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2B: Upon application for PATRICIA STEGNER to locate new dwelling with an insufficient setback from existing bulkhead. Location of Property: 470 Private Road ~12 (off the South Side of Main Bayview Road), Southold, NY; County Tax Map Parcel No. 1000-78-6-5 and 10.2 (now 10.3). WHEREAS, a public hearing was held and concluded on June 2, 1988 in the Matter of the Application for PATRICIA STEGNER under Appeal No. 3727; 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: (CONTINUED ON NEXT PAGE) Page 2 Appl. No. 3718 Matter of PATRICIA STEGNER Decision Rendered June 9, 1988 1. The premises in question is located along a private right-of-way extending off the south side of Main Bayview Road, Southold and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 78, Block 6, Lot 10.3. 2. The subject premises is also known as Lot No. 1 on the Set-Off Division Map dated January 22, 1988, prepared by Roderick VanTuyl, P.C. and recently approved by the Town Planning Board. 3. The premises in question is improved by an existing small accessory tool shed building located in the immediate northerly yard area situated approximately five feet from the northerly property line, 15 feet north of the proposed dwelling location, and approximately 13 feet from the bulkhead, at its closest points. 4. By this application, appellant requests a Variance from the Provisions of Article XI, Section 100-119.2B to locate a principal building for single-family dwelling use 30 feet from the outer edge of bulkhead and more particularly depicted on the sketched map prepared 4-26-88 by George H. Fisher, Draftsman. 5. Article XI, Section 100-119.2B 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 high- water 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. 6. For the record it is noted that the subject premises was the subject of a prior appeal under File No. 3174 and conditional approval rendered March 17, 1984, concerning the lot and 280-a. 7. Southold Town Trustees approval for a waiver was issued May 25, 1988 with conditions. 8. It is the position of this Board that: (a) the relief requested in relation to the existing nonconforming setbacks in the immediate area is not substantial; (b) the project as alternatively granted 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; (d) the variance requested is the minimal necessary; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (f) there is no other method feasible for appellant to pursue other than a variance since the zoning setback restrictions as to frontyard and setback from existing bulkhead would render the parcel unbuildable; (g) in view of all the above factors, the interests of justice will be observed by the conditional grant of this variance, as noted below. -Page 3 - Appl. No. 3718 Decision Rendered June 9, 1988 Matter of PATRICIA STEGNER Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance for the placement of proposed dwelling with an insufficient setback at 30 feet from the outer edge of existing bulkhead and placing accessory tool shed at the northerly yard area (as exists) in the Matter of Appeal No. 3718 in the Application of PATRICIA STEGNER, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance with the Floodplain Elevations requirements for the lowest floor at the minimum elevation, without utilities, pursuant to Chapter 46; 2. Location of paved right-of-way not to be extended to the west into this parcel's frontyard area (east of proposed house); 3. Setback from bulkhead be not closer than 35 feet; 4. No further principal building setback reductions in the rear (westerly) yard area or front (easterly) yard area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk 2ECEIVED AND FILED BY THE SOUTHOLD TOWN CL~.RK DATE '7-/- ~f( HOUR ~3 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 BOARD OF APPEALS at a Special Meeting at the Southold Town Hall, Main Road, Southold, ~ew York, on THURSDAY, JUNE 2, 1988 at the foll6wing times: ~ 7:30 p.m. Appl. No. 3718 - PATRICIA to the Zoning Ordinance, Article XI, Secti permission to locate new dwelling with an from existing bulkhead. Location of Proper~y: ! Road #12 (off the South Side of Main Bayview NY; County Tax Map Parcel No. 1000-78-6-5 and 7:35 p.m. Appl. No. 3723 - ANGELO SPETS to the Zoning Ordinance, Article XI, Section 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. BI Exception to the Zoning Ordinance, Article II for a Winery for the production and retail sa 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). 7:45 p.m. Appl. No. 3717 FREDERICK KOE to the Zoning Ordinance, Article ×Ii Secti6n 1 mission to locate accessory structure ~lohg ex at Cutchogue Harbor, premises known as 575 Ola Suffolk, NY; County Tax Map Parcel No. 1000-11 7:50 p.m. Appl. No. 3729 - GEORGE R. FUR the Zoning Ordinance, Article III, Section 100 for: (a) approval of insufficient lot area of (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 No. STEG~ER: Variance on lO0-119.2B for insulfficient setback 470 Private lad), Southold, 10.2 (now 10.3). )TES. Variance 1)O-119.2B for f dwelling head at Budd's ow Point 1000-56-5-13.1 [RELL. Special I Section IO0-SOB(14) 1 of wine produced yards, premises ~, NY; County Tax HLER, JR. Variance )OZll9.2B for per- sting bulkhead Harbor Road, New 7-3-6. SE. Variances to -31, Bulk Schedule proposed Lot #2; iosed Lot #2; e new division ~operty: Right-of-way Bell Hill Avenue, Fishers Island, NY; County Tax Map Parcel 1000-009-03-002, containing 3.64± acres. Page 2 ~ No~ice of H~~ ings Southold Town Board o'7' Appeals Special Meeting - June 2, 1988 8:00 p.m. Appl. No. 3730 ESTATE OF DOFOTHY RUSSELL. Variances to the Zoning Ordinance, Article III, Section 100-31 Bulk Schedule for: (a) approval of insufficic]t lot area of proposed Lot #1 and Lot #2; (b) approval of i}sufficient lot depth of proposed Lot #2; (c) approval of i~sufficient yard t setbacks as apply from the new division line ] the existing dwellings. Loca'tion of Property: North Side if Beach Avenue and West Side of Heathulie Avenue, Fishers Isl nd, NY; County Tax Mao Parcel No. 1000-009-11-9.1 (prev. 9), ontaining 2± acres. 8:10 p.m. Appl. No. 3731 NORTH FORK COJNTRY CLUB. Variance to the Zoning Ordinance, Article ZII, 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. lO00TlO9-4-Lots l, , 3, 4, and 7. 8:20 p.m. Appl. No. 3727 - DOROTHY ABBOTT. Variances to t.he Zoning Ordinance: (a) Article III, Sectior 100-31, Bulk Schedule, and (b) Article XI, Section lO(-ll9.2A, for approval of attached deck with an insufficient easterly sideyard setback and insufficient setback from top of bluff along the Long Island Sound, premises known as 380 Private Road No. 3 (extending off the West Side of Roc:y Point Road), East Marion, NY; County Tax Map Parcel No. 10(0-21-1-2. 8:30 p.m. Appl. No- 3726 CLIFF & PHIL'~ LOBSTER HOUSE, Variance to the Zoning Ordinance, Article VI, ;ection lO0-60C for permission to erect off-premises-advertising sign for restaurant (previously Beachwood Cafe). Location of Premises NY; Ccunty Tax Map F. KGster). 8:35 p.m. Apb1. No. 3721 RUSSELL E. PL[NITZER. Variances to the Zoning Ordin-ance, Article ~II: Section 100-32 for permission to locate pool, fence enclosure, pergola structure, and part of garden enclosur6, in the . frontyard area. Location of Property: Private Road Wilderness Point, Fishers Island, NY; County Ta Map Parcel No. 1000-12-2-6.5, 6.9 (prev. 6.6). for Sign: South Side C.R. 48, Southold, Parcel No. 1000-59-10-4. (Owner: Edward The Board of Appeals will hear at said ti~ any and'all representatives or persons desirin~ in each of the above matters. Each hearing wil before the time allotted. Written comments may prior to the conclusion of the subject hearing. information, please call 765-1809. DATED: May 12, 1988~ BY ORDER OF BOARD OF APP~ GERARD P. GO. Linda KowalsJ and place be heard not start submitted For more 'HE SOUTHOLD TOWN ~ALS !HRINGER, CHAIRMAN :i, Board Secretary FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL File No, ..q./. ~..~.. z~ ......... PLEASE TAKE NOTICE that your application dated . for permit to construct . . ~.. ~ .~.~..~.~. Location of Property ............... House No. Street County Tax Map No. 1000 Section .. ~ ~. ..... Block .... Subdivision ................. Filed Map No ......... is returned herewith and disapproved on the following grounds ..... ~. · . . ~. .~ /. a. . ,.. . . l.a~'. . .~ /. /.q,.~. .-. .~. ........................... Building Inspector RV 1/80 ~IAR 0 ? 1988 TOWN OF SOUTHOLD, NEW YO~RK BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, Name of AplSellont I APPEAL NO. DATE .,.~ Z../..?. ~..~ . treet and Number Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF tHE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATEC ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ................ ......... of ........... Street and Number Municipal ( ) PERMIT TO USE ~ Street /Haml~q; District 1000 Section ~;~-'Block ~ Lot/~. . .................................................... '~ . ....................... :...,~-.burrenl: 0~ner Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED section and Paragraph of the Zoning Ordinance by number. Do 3. TYPE OF APPEAL Appeal is made herewith for (please (~/) A VARIANCE to the Zoning Ordin.once or Zoning Map (~g'~ A VARIANCE due to lock of access (State of New York Art. 16 See. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeel ~ (has not) been of the Building inspector or with respect to this property. Such appeal was ( ) request for a special permit (~/') request for a variance c~O and was made in Appea.I No ..... ~.../..7....~.. ............ Dated ......... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (V~ A Vqriance to the Zoning Ordinance ty '" / Use District on Zoning Map Indicate the Article Section, Sub- quote the Ordi.nance.) check appropriate box) Town Law Chap. 62 Cons. Laws qade with respect to this decision ( ) is requested for the reason that ~_ -~ ~-~ l~orm ~.~! (Continue on other side) REASON FOR APPEAL Con t inued : 1. STRICT APPLICATION OF THE ORDINANCE would produce prO,final diffiC~i{ies or unneces- vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by aJl properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF T~E DISTRICT because ,~-~ ~ ~ ~ ~-~/, ~ COUNTY O~ ) Signatur~a Sworn to this ............. ,Z~..~/.~ ........................ day of ......... ~././.~,.Z.C~ ........................... 19 Notary Public .t~ Pu~I~c, Stere Of New