Loading...
HomeMy WebLinkAbout3716 Southold Town Board o£Appeals MAIN RDAD- BTAT£ ROAD 25 SQUTHDLD, L.I., N.Y. TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 37]6 Application Dated Februar3 29, TO: Mr. Robert E. Waldron, Jr. 2980 Ole Jule Lane Mattituck, NY 11952 1988 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on May ]2, ]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 [×] Request for Variance to the Zoning Ordinance Article XI, Section 100-119.2(B) [ ] Request for Application of ROBERT E. WALDRON, JR. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition at rear of existing dwelling which is less than 75 feet from the mean highwater mark along dredged canal at James Creek, Matti- tuck, NY. Location of Property: 2980 Ole Jule Lane, Mattituck, NY; County Tax Map Parcel No. 1000-122-4-17. WHEREAS, a public hearing was held and concluded on April 14, 1988 in the Matter of the Application of ROBERT E. WALDRON under Appl. No. 3716; 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 located in the "A" Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District lO00, Section 122, Block 4, [6t 17. 2. The subject premises is a described parcel of land con- taining a total area of one-half acre with 65.0 ft. frontage along the west side of Ole Jule Lane in the Hamlet of Mattituck, Town of Southold. 3. The premises in question is improved with a single- family, two-story frame house and garage with a setback at 66.3 feet from its closest point to the front property line (along Ole Jule Lane), sideyards at 10.0 and 14.2 feet at their closest points, and setback from the mean highwater mark at approximately 49 feet, all as shown on sketched survey dated October 26, 1987 (CONTINUED ON PAGE TWO) DATED: May 12, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3716 Matter of ROBERT E. WALDRON, JR. Decision Rendered May 12, 1988 prepared by Peconic Surveyors & Engineers, P.C. 4. By this application, appellant requests a Variance from the Provisions of Article XI, Section 100-119.2(B) for the approval of an enlarged open deck of a size 12' x 38 ' at the rear (westerly) end of the existing dwelling/deck construction for a proposed setback at 46± feet from the mean highwater mark along the dredged canal of James Creek and 40+ feet from the edge of the wetlands line shown on the October 26, 1987 survey. 5. Article XI, Section lO0-119.2(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 high- water mark of such tidal water body, or not less than seventy-five feet (75) feet from the landward edge of the tidal wetland, which- ever if the greater distance. 6. It is noted for the record that during the time period of this application process, amendments have been proposed by the Southold Town Board concerning Section lO0-119.2(B), and that on or about May 25, 1988, Local Law #15-1988 was filed with the Secretary of State which excepted those parcels which are not bulkheaded and which have been reviewed and approved by the Southold Town Trustees under Chapter 95 of the Code of the Town of Southold. This amendment was not in effect at the time of this Board's decision, but is in effect at the time of filing of this decision with the Town Clerk's Office. 7. For the record it is also noted that this property was the subject of prior conditional approvals by the Board of Appeals under Appl. No. 1233 on March 13, 1969, and under Appl. No. 1445 on July 29, 1971, concerning insufficient road frontage and insufficient frontyard setback for a new single-family dwelling. 8. 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. 9. It is the opinion of this Board that: (a) the relief requested in relation to the existing nonconforming setback from the existing wetlands line and in relation to those structures generally existing in the immediate area is not substantial; (b) the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique as to its nonconforming wetlands Page 3 - Appl. No. 3716 Matter of ROBERT E. WALDRON, JR. Decision Rendered May 12, 1988 setback, nonconforming lot area, width and depth, and as to its shape and character; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) the variance requested is the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. In view of all the above factors, motion was made by Mr. Goehringer, seconded by Mr. Douglass, to GRANT the Variance as applied under Appl. No. 3716 in the Matter of ROBERT E. WALDRON, JR. WITH THE FOLLOWING CONDITIONS: 1. That no basement or cellar be constructed under the deck proposed herein; 2. No lighting that will be adverse to other properties. (All lighting must be shielded to the property.) 3. That an application be made to the Southold Town Trustees as required by Chapter 97 of the Code of the Town of Southold. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Douglass. (Members Grigonis and Sawicki were absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, C~AiRM~ ./RECEIVED AND FILED BY sotrraol.,v ?owl [ NOTICE dF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Secti)n 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOAID OF APPEALS at a Regular Meeting at the Southotd Town Hall Main Road, the follow- Southold, New York, on THURSDAY, ing times: APRIL 14, 198 7:30 p.m. Appl. No. 3719 SOUTHO[D SAV Variance to the Zoning Ordinance, Article VI, 60(C)[2](a) for permission To erect an'oh~prem'ses building identification sign, the lower edge of which w'll be less ~GS BANK. ~ection lO0- rty: unty Tax .3). than four feet above ground. Location of Prop~ 1400 Railroad (Youngs) Avenue, Southold, NY~ Cz Map Parcel Nbs. 1000-60-2-10.4 (prev. 10.2 & 1(  7:35 Appl. No. 3716 - ROBERT E. WALIRON, JR. p.m. riance to the Zoning Ordinance, Article XI, !;ection 100-119.2 for permission to construct deck add'tion at rear of existing dwelling which is less than 75 feet from the mean highwater mark along dredggd canal at James Creek, Mattituck. Location of Property: 2980 Jule Lane, Mattituck, NY; County Tax Map Parcel No. 1000-122-4-17. 7:40 p.m. to the Zoning Schedule, for of parcel to be set-off in this pending divisio Location of ProperTy: North Side of Pine Neck NY; County Tax Map Parcel No. t000-70-6-33. C 7.152 acres total. Appl. No. 3575 ROSA J. HODGSON. Variaqces Ordinance, Article III, Section lO0-31, Bulk approval of the insufficient area and width of land. oad, Southold, )ntaining 7:50 p.m. 2ppl. No. 3707 JOSEPH F. CITA to the Zoning Ordinance, Articles: (a) XI, Sec as to insufficient setback from bank-or bluff a Island Sound, and (b) III, Section I00-31, Bul to insufficient frontyard setback from the fron p~operty line along C.R. 4~, in this proposal t new single-family dwelling. Location of Prooer~ C,R. 48, Greenport, NY; County Tax Map Parcel qDI. Variances ion 100-119.2 ong the Long Schedule, as [southerly] construct ~: 56225 1000-44-01~22. Page 2 Notice of Hearings Regular Meeting - April 14, 1988 Southold Town Board of Appeals 8:05 p.m. Applo No. 3709 EDWARD A. HANUS. (Recessed from February 18, ]988 as agreed). Special Exception for approval of Accessory Apartment within existing dwelling in accordance with the requirements of Article III, Section 100-30B(15). Location of Proper~y: 635 Lupron Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-3. 8:15 p.m. to the Zoning Ordinance, Article XI, Section permission to cons~ruc~ additions to dwelling structure(s) within 75-fee~ of the ordinary hi along Southold Bay. Location of Property: 160 Drive, Southold, NY; County Tax Map Parcel No Appl. No. 3715 BERNARD KIERNAN. Variance 10-119.2 for md accessory lwater mark North Parish 1000-71-1-15. 8:20 p.m. Appl. No. 3722 MANFRED KUERN to the Zoning Ordinance, Article XI, Section 1 and Article III, Section 100-31, for permissio garage an additional two feet from that previo under Appl. No. 3706 and to construct addition~ area at rear of dwelling with reduction Of non( sideyard at the north and south sides, insuffi¢ sideyards, excessive lot coverage, and within bulkhead along highwater of "Old Cove" [a/k/a Pond]. Location of Property: East Side of Ca Sobthold, NY; County Tax Map Parcel No. lO00-~ ~. Variances ~0-119.2 toextend ~sly granted 1 living onforming lent total 5 feet of rshamomaque ole Road, 2-2-3. 8:30 p.m. Appl. No. 3687 JON C. KERBS. from March 17, 1988). Interpretation and, if Variance under Article XI, Section 100-119.2 o Code, for permission to locate building pursua DEC Permit #10-86-0092 and Trustees Wetland Per Location of Property: East Side of Narrow Rive Orient; County Tax Map Parcel No. 1000-27-2-5. 8:45 o.m. TARTAN OIL CORP.: (Recessed ~cessary, the Zoning to it #373. Road, (a) Appl- No. 3633 - Special Excepti n under Article V~I, Section lO0-70[B) of the Zonin§ Co~e for approval of the establishment of a partial self-service gasoline station; and (b) Appl. No. 3636 - Variance under ~rticles V~, Section 100-62(B), VII, Section lO0-70(B) for a~ ~nterpreta- , tion of retail shopping center" and for permisqion to establish convenience store as an accessory to ~he existing gasoline-service station. Page 3 Notice of Hearings Regular Meeting - April 14, 1988 Southold Town Board of Appeals Location of Property: South Side of Main of Marratooka Lane, and the East Side of Sunse tuck, NY; 1000-115-3-9. Zone: "B~I" General Road~ West Side t Avenue, Matti- Business. 8;50 p.m. Appl. No. 3703 JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XI, for permission to construct new dwelling and g insufficient setback from top of bluff or bank Island. Location of Property: 19995 Soundvie' Southold, NY~ County Tax Map Parcel No. 1000-5 9:00 p.m. Appl. No. 3710 - THE COVE AT S (Continued from March 17, 1988). ;ection 100-119.2 ~rage with an along the Long Avenue, -04-006. )UTHOLD, INC. The Board of Appeals will hear at said ti~ and place any and all representatives or persons desirin( to be heard in each of the above matters. Each hearing wi not start before the time allotted. Written comments mai be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. BY ORDER OF'-TNE SI BOARD OF APPEALS GERARD P. GOEHRINI Linda Kowalski, B~ UTHOLD TOWN iER, CHAIRMAN ard Secretary Dated: April l, 1988. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date File No ................................ ..~.~¢.. ~. ;~. PLEASE TAKE NOTICE that your application dated ....... .~d.Z: ~ ........... 19 .ff.-~. Hou~,e tVo. ~ Street County Tax Map No. 1000 Section . ./'...~--:. ,.'.'.'.'.'.'.'.'.~> .... Block ..... Lot No .................. ~~'...~,,'. ?...>.~,.../,,<. ~r-/...w..,-,¢...~...~..~.'..~ Subdivision ................. ~':ilcd Mai) No ............... ~s returned herewith and disapproved on the following grounds 3 u il~(qg Inspector ( ) APPEAL FROM DECISION OF BUILDING INSPECTC~B g 9 1988 · o ~H~ ZON,N~ ~O~ O~ ~S, ~OWN O~ ~, ~W~ ~..~.~..~.~L&~.~ .......... ~* ...~.~.~... Name of Appellant Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION ~ APPLICATION FOR PERMIT NO ..................................... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO ........ ~m~t....~.:....~.~k~.~.~.~.,. Name of Applicant for permit of ...~.~.~ ....... gL~.....~.~.~..~.~.~.....~ Street and ~umber Municipal ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY LOCAT'ON OF THE PROPERTY ...~.....~.~.~.{~...~ Street /Hamle~ ................................................................................_ Cu~ren~ ~ner Dis&~ict 1000 Sect~on, l~Blo~Lot 1~ Map No. Lot No. Pr~o~ Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED section and Paragraph of the Zoning Ordinance by number. Do n, A~t~cle ~ Section /O~. I 3. ~PE 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 not) been of the Building Inspector or with respect to this prope~y. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ............... REASON FO~ APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance APPEAL NO. ~7/~ DATE .............................. ,treet and Number ./~..:.Y..'. .......... HEREBY APPEAL TO State THE I~UILDING INSPECTOR ON ty State / Use District on Zoning Map Indicate the Article Section, Sub- quote the Ordinance.) check appropriate box) Town Law Chap. 62 Cons. Laws ~ode with respect to this decision ( ) is requested for the reason that Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica] difficulties or unneces- The qardship created is UNIQUE and is not snaree 2 vicinit,, of this property and [n this use district because by oil properties alike in the immediate 3 The Variance would ooserve the spirit of the Ordinance aha WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because , STATE OF NEW YORK ) ) COUNTY OF -qLC~C/~OL~ ) SS Signature Notary Public ~, SURVEY OF-" PROPER -FY /4 T MA' T TI TUCK 7-014//V OF SOU~H©/ D SUF/~-OLI< COUNTY,. AL ~fl t000 -122- 0"¢- - 17 Scale I''= 50' 0c£ 26 1,~)87 CERTIFIEt) TO~ NOR_~t ?OR~ .BANt< AND ROB'~.RT ICALDRo~ TITLE US~ INSUR~N~ OF NEW YORK