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Home My WebLink About3697 Southold Town Board of Appeals MAIN ROAD- STATE ROAD Z5 SOUTHO/D, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3697 Application Dated November 27, ]987 TO: Mr. and Mrs. William E. Tuite 1777 Harvard Avenue Merrick, NY 11566 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on February 2, 1988, 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 ]00-]]9.2 [ ] Request for Application of WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY; Cedar Beach Park Map No. 90, Lot 113, County Tax Map District 1000, Section 90, Block 2, Lot 6. WHEREAS, a public hearing was held and concluded on January 1988 in the Matter of the Application of WILLIAM AND PAULA TUITE under Appl. No. 3697; 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: 1. The premises in question is known and referred to as Lot No. 113, Map of Cedar Beach Park No. 90 filed December 20, 1927 in the Suffolk County Clerk's Office, and also shown on Map No. Part of Property of Edwin A. Brown at Bayview filed January 27, 1926 as No. 802. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 2, Lot 6, and is shown on survey prepared by Smith and Jung of December 1981, to be improved with two structures: (a) single-family, 1½-story frame dwelling set back approximately 32½ feet from the existing bulkhead, and (b) one-story accessory garage situated in the frontyard area 7'7" from the easterly side line, 122'8" feet from the front property line, and 9'7" from 14, 10, (CONTINUED ON PAGE TWO) DATED: February 2, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appl. No. 3697 Matter of WILLIAM AND PAULA TUITE Decision Rendered February 2, 1988 the northerly portion of the existing dwelling. 3. By this application, appellants request permission to extend the enclosed porch 11'9" x 7'0" which is to remain in line with the rear (south) side of the dwelling and not closer than the existing 32'6" setback from the existing bulkhead along Little Peconic Bay. 4. Article XI, Section lO0-119.2(B) 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. 5. For the record it is noted: (a) that Building Permit #16314Z is pending at this time for the repair and reconstruc- tion of the rear enclosed porch issued August 5, 1987; and (b) that the subject premises was the subject of a prior conditional action by this Board under Appeal No. 3005 rendered July 8, 1982 for the easterly side addition with sideyards at 8'6" at the east side and 18 feet at the west side. 6. In considering this appeal, the Board determined as follows: (a) the relief requested in relation to the established nonconforming setback is not substantial, being a reduction of seven feet landward of the existing nonconforming setback; (b) the circumstances are unique and are not personal in nature; (c) the variance as granted will not in turn be adverse to the safety, health, comfort, convenience or order of neighboring properties~ (d) there will not be an increase in density by the grant of this variance; (e) there is no other method feasible for appellants pursue other than a variance since the dwelling is located within 75 feet of the bulkhead and existing prior to the adoption of Section 100-119.2(B) [enacted in 1985]; to (f) the addition is landward of the closest established setback and will not further increase its nonconformity; (g) the relief requested is the minimal necessary and is not unreasonable; (h) the "practical difficulties" are sufficient to warrant a grant of this variance~ (i) that in view of all the above factors, the interests Page 3 - Appl. No. 3697 Matter of WILLIAM AND PAULA TUITE Decision Rendered February 2, 1988 of justice will best be served by granting the relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appl. No. 3697 for an 11'9" x 7'0" addition as requested in the Matter of the Application of WILLIAM E. AND PAULA A. TUITE, SUBJECT TO THE FOLLOWING CONDITION: 1. That the addition remain in line with the established rear porch setback; 2. That the addition not be closer than 32'6" as requested. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Absent was Serge Doyen of Fishers Island.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED --~'LD TO~'~i~ NOTICE iS HEREBY Town Law and the Code hearings will be held at a Regular Meeting a Southold, New York, on following times: 7:35 p.m. Appl. Exception to the Zonin NOTICE OF HEARINGS IVEN~ pursuant to Section 267 of the f the Town of Southold, the following y the SOUTHOLD TOWN BOARD OF APPEALS the Southold Town Hal!~ Main Road, THURSDAY~ JANUARY 14, 1988 at the o. 3705 - ARTHUR V. JUNGE for a Special Ordinance, Article VIII, Section lO0-80(B) for permission to establish electrical shop use and construct two build~ngs located as shown on Site Plan dated March 10s 1987, prepared by John A. Grammas & Assoc. Zone District: C-Light Industrial. Location: North Side of C.R. 48~ Cutchogue, NY~ County Tax Map District 1000, Section 96, Block 1, Lo 19, containing 45,589± sq. ft. in lot area. 7:40 p.m. Appl. N 3697 - WILLIAM AND PAULA TUITE for a Variance to the Zonin Ordinance, Article XI, Section 100-119.2for to reconstruct and extend porch permissio within 75 feet of exist ng bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY~ Cedar Beach Park Map No. 90, Lot 113~ County Tax Map District 1000, Section 90, Block 2, Lot 6. 7:45 p.m. Appl. No. 3676 - ANTHONY ROBUSTELLI. (Recessed from December 10, 1987 as requested). 7:50 p.m. Appl. No. 3681 - ANTHONY AND ANGELA LEONE. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels proposed in this pending division of land, and establishing insufficient sideyard setback of existing dwelling'aAd ccessory storage building on vacant lot (Section 100-32). .ocation of Property: East Side of Deep Hole Drive, Mattitick, NY~ County Tax Map Parcel No. 1000-115-13-12.1 (p~ev. 11 and 12). Page 2 Notice of Hea Southold Town Board of January 14, 1988 Regul 7:55 p.m. Appl. to the Zoning Ordinanc Section 100-119.2 for p existing dwelling with insufficient total side with an insufficient se at Arshamomaque. Locat Road, Southold, NY; Cou 8:00 p.m. Appl. Variances to the Zonin Bulk Schedule for appr( depth of two parcels in at the corner of the ea south side of Main Road Industrial. County Tax Bay Estates Lots 178 an 8:10 p.m. Appl. N Variances to the Zoning Bulk Schedule, and Arti to construct addition(s westerly sideyard setba insufficient setback fr Lake (landward of exist Location of Property: NY; County Tax Map Parc ings Appeals Meeting 3706 MANFRED E. KUERNER. Variances , Articles III, Section 100-31, and XI, ermission to construct additions to reduced southerly sideyard setback, ards, excessive lot coverage and ~back from bulkhead along "Old Cove" ion of Property: East Side of Carole nty Tax Map Parcel No. 1000-52-2-3~ o. 3652 - GUIDO AND ANNA CIACIA. Ordinance, Article VI, Section 100-61, val of insufficient area, width and this pending division of land located st s~de of Kerwin Boulevard and the , Greenport. Zone District: B-Light Map Parcel No. 1000-53-2-20; Peconic part of 177. 3699 - EDWARD AND BARBARA BETSCH. Ordinance, Article III~ Section lO0-3!, cle XI, Section 100-119.2 for permission to dwelling with an insufficient :k, insufficient total sideyards, and om nearest wetland area along Marion lng accessory garage structure). North Side of Rabbit Lane, East Marion, ~1 No. 1000-31-17-15. 8:20 p.m. Appl. N~. 3698 - THOMAS ZIMMERMAN. Variance to the Zoning Ordinance~ Article XI, Section lO0-118E for permission to rebuild a~d ~epair existing nonconforming structure which exceeds/50% of fair value of same and which exceeds those limitations of Prior ~.B.A. Appl. No. 3590 rendered Ma~ch 5, 1987L ~ Location of Property- 265 Rochelle Place, Matt'tuck, NY; ~ounty Tax Map Parcel No. 1000-144-04-09 and 09, containing .60 pf an acre total. 8:30 p.m. Appl. N Variance to the Zoning Bulk Schedule, for appr of two parcels in this Property: North Side o~ C.R. 48 (North County Tax Map Parcel N 1000-40-01-20, area of 5.20± acres. 3688 - ANTHONY AND SALLY PIRRERA. ]rdinance, Article III, Section lO0-31, Jval of insufficient width (frontage) Jending division of land. Location of Road), Greenport, NY containing a total Page 3 - Notice of Hear Southoid Town Board of Regular Meeting Janua The Board of Appe persons or representati above matters. Each he allotted. Written comm clusion of the subject call 765-1809. Dated: December 31, 1 ings ~ppeals ~y 14, 1988 s will hear at said time and place all res de~iring to be heard in each of the ~ring will not start before the time nts may be submitted prior to the con- ,earing. For more information, please 9 ,7. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ATTENTION NEWSPAPERS: lease publish once, to wit, THURSDAY, 'JANUARY 7, 19~8 and forward Affidavits of Publication together wilh your bill and signed voucher to the Office of the Board of Appeals on or before January 12th. Thank yoJ. TO~VN OF SOUTHDLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL Date File No ........................ · ........ To . .tZO¢,~. ~.~. ~. ¢,. .'~] .~.,,~,~.' . ...... .~ ,'Z?.7...1.4..o~,~-.~.,..~....(::N~.,., ........ .vm.~4.~...~..~,..i .~ .~':~.t., ........... PLEASE TAKE NOTICE that your application dated . for permit to construct,. ~,~..~. Location ofP~oper~y .~:X. 0 .... ~.~.,-~..: ......;" House No, County Tax Map No. 1000 Section ...~fiJ.O ....... Block .... ' ~ ...... Lot ...~.~.~ ...... Subdivision ................ Filed Map No .................. Lot No .................. is returned herewith and disapproved on tile following grounds .~ [~-..~..~.~ ..~ ?..-. ( ~.. RV 1/80 )uilding lnspector BUILDING DEPARTMENT TOWN HALL ~OUTHOLD, N,Y. 11971 APPLICATION FOR BUILDING PER INSTRUCTIONS a. Tlzis application must be completely filled in by typewriter or in ink ar sets of plans, accurate plot plan to scale. Fee according to scimdule. b. Plot plan showing location of lot and of buildLngs on premises, relatio~ or areas, and giving a detailed description of layout of property must be draw cation. c. The work covered by tl~Js application may not be commenced before iss: d. Upon approval of this application, the Building Inspector will issued a Bt shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in par~ for any purpo~ shall have been gra~ted by the Building Inspector. APPLICATION IS HEREBY MADE to the Bu/lding Department for the is.' Building Zone Ordinance of the Town of Southold. Suffolk County, New Yorl Regulations, for the construction of buildings, additions or alterations, or for The app~cant agrees to comply with ail applicable laws, ordinances, bui/ding ~ ad,Mt au&orized inspectors on premises and in bui,ding for nccessary-~%~%.c,t~i6n (Signature ubmitted to the Building Inspector, with 3 tship to adjoining premises or public streets ~ on the diagram which is part of this appli- ance of Building Permit. ilding Permit to the applicant. Such permit whatever until a Certificate of Occupancy ance of a Bu/lding Permit pursuant to the :, and other applicable La,ws Ordinances or · emoval or demolition, as herein described. ode, housing~ode, and regulations, and ro d,~',%/~7~,.. :~/~-~.w. ~. ............... ~rpp_~cant. or name, if a corporation) ...... "~r~iLing ,ddr~?ss ~f ~p~li~n~$ State whether applicant is owner_ lessee, agent, architect, engineer, genera] :pntractor, ,dectrician, plumber or builder. / ..... : .,.~. ~ ~ .~.~ ......................................... ~ .............. ~ ~ .............. t /,[t ~ ''~ ......... r' ~-.,~.Z:!/~:..( ;~-.:. :. ~ ............... ~as on the tax roll or ~test deed~ cant is a corporation, signature of duly authorized oft]car. (Name and title of corporate officer) Builder's License No...~ ........... Phmlber's License No ......................... [!lectrican's License No ...................... ¢hher Trade's License No ..................... 'atma of land on which proposed work will He dnn~ J ~' t 1; LO t4 Y ~ ~ ,'- '~ F tuber Street Hamlet 'Fax Map No. 1000 Section .... ~..?/,~.~ ....... Block . . r,~..2~.. .C >.~A,g .F~.qlq/;i.f~:j.d~ .............. Filed Map No, (Name) ng use amt occupancy of premises and intended use and occupant occu:anc_~ .. c7.,~ ff.. ~t'.~/.*t ( ?././.4~ .~.~ ~.. ~ .~ ......... Lot...C2Czl ~ .......... :'~ .% ........ Lot - ~ .4 .> .......... of proposed construction: ~?...t-.5.?., 9..V:,'~-..~. C. ~ ....... ~ ~c'~ ap ;ame). New Building ........ -~ '/- ~'-'~ ~emovai .............. Demoiition .............. Other Work... .,~, . ......... , ........................... Fee (to be paid on ming this apphczexo~ ~ ~ ~m:~, ,urn ocr of dwelling units ....... i. Number of aweni=g units on eac~ oor ..... ......... -~, ,s ~ ess. commercm[ or m~xed occupancy, specify nature and extent of each type o~ us~ ....... ~ ..>./v: .,~ - s~,sorextstngstmctnrcs i~any: Eront ( :~ ~ Rear / ff ~ ~ ~-~ ~ , ~ :iA*{.~ -{%c' Number of Stones ~ ....... Dffnensions of same s~mcture wzth alterations or admtmns: ~ront .... '.~. ~ ......... Rest. ~ .~. ~, ......... 8. Dimensio Is of entir~ ~ew const~otion: Front ............... Rear ............... Depth ............. ~ci,,ht ............... Number of Stories ............. l~ ~ ~ ~ ?,5 --.,-~ '' ' ~': 7,L~ ................. :.'''-;''; .......... 9. S~ze or lot: eronr ........ ~ ~ ¢. ......... Rear ...... ~ ~.'. ~v .......... De~th ,. & ~ & , ~ ~ 1 i. Zone or use district in which premises are situated..~&%??~.4 ................................. 12. Does proposed construction violate any zoning !aw, ordinance or regulation: !3. Will lot be regraded ........... .5/.~ .............. Will excess fiI1 be removed from premises: Yes !4. Name of Owner of prE~tses .................... Ada.ess ,~;~, ~-r~ .... zz~gPhone No.~. ~..~..~... Nam~ of Architect . 3, e ~,N..~?.iq '~i 4 ........... Address Z. ~P.~q*~ ~. ~ff~FST .. Phon~ No, ~&~ 5 ~ ~)',~. Name oi Contractor .......................... Address :~iS, Eg,/~?,97~,~... Phone No i5. Is this property located withinlO0 feet of a tidal wetland? * Yes ,~.. No · if yes, Southold To~ Trustees Permit may be re~uired~ o~u ~,~ PLOT DtAGV~M Locate cle~ly and ~stmcdy ~1 buHdhngs, whether existing or proposed, mnd~ n~dxcare ~1 set-oack d~ensions fro property hnesJ Gb'e street and block number or description according to deed, ~d show street names and ~dicate whetb intedor or comer lot. STATE OF NEW YORK, S.S COUNTY OF . ~ ............... / ? -- ,~,,/. /~/~-,m z ~-::' - / (4:. /. ;?.~:~j ............ being duly sworn, deposes and says that he is the applic (Name 0f individual signing contract) above named. ' _.~%?~-5:Z~(~.q(('~-. ....................................... is the (Contractor, agent, corporate officer, of said owner or owners, and is duly authorized to perform or have performed the said work and to m~e and file application: that all statements contained N this application are true to the best of his knowl:dge and belief; and that,: work will be perfo~ed in the manner set forth in the application filed therewith. Sworn to before me this Notao/Pu biic ........................................ ~ , '+--~-,:; c,, .z., ~,~ .. ~'..7' ~-~-~ ~ ~S~C, Sm~ ~ ~w ~k~. ~S~, -.. ~~i~<~:~.' ~: ~ ~ ~.~' ~ ~ ~ ~u ~ ,,- // (Signature of appel / o~, '~,~" ~k,,/~- TOWN OF $OUTHOLD, NEW' YORK NOV 2,? ~~M DECISION OF BUILDING INSPECTOR TO THE ZON, ING BO.AR_~.D Of APPEALS, TOW~ Of 5OUTHOLD, N. Y. ,, (we, ..................... "' '1~;~ ~ Appellant Street and Number .....' '..~..J..~].P~..!..~.L~.. .............................................................. ..~...Y..J..~..~..~.....~. ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING IkL~PECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ~.@~..~.Z.~.!.t2...~..'~...../...~././.'.~,..g.,~.. ....... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit ...........Street ~"~' and ........ Number ~ ........................ Mun ipal ty "v--ic~" 'i- .............. 5ate :t-'- ...... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Street /Ham/el; / Use Dsstrict on Zoning Map District 1000 Section~:,Block~).Lot~o~. -'-- ~)liJlpiN~,'ggdt, A-A,%,q-~:' .................................................................................. burren~ uwner 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 Ordi,nance.) Article_S--- Section ~7,-J~' ~T~<~t*?~.~ ~Z~-T~ Z]~, ~ 3, TYPE OF APPEAL Appeal is made herewith for (please jcheck app~op~ia[e box) (~ A VARIANCE to the Zoning Ordinance or Zoning Mop I ( ) A VARIANCE due to lack of access (State of New yOrk Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~ (has not) been with respect to this decision 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 Appeal No ................................. Dated ................. ~ .................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZBI (Continue on other side) if¸ REASON FOR APPEAL : Continued 1. STRICT APPLICATION OF THE oRDINANCE would produce practical d~f ~cu'lhes or ann~s sary HARDSHIP because 2, The hardship created is UNIQUE and is not shared by all properties atike in the immediate vicinity of this property and in this use district because CHARACTER OF ]'HE ~DiSTRICT because manner t. he alteration and repair~ including ~he small addition to the porch~ will drastically improve the. . an'y closer to the v~atm~. ......... Notary Public ~ Pubic, ~t~ ~ New Y~ LOT LgT lib L~