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HomeMy WebLinkAbout3741 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS Upon Application of DOUGLAS AND ELIZABETH WHELAN for a 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 existing 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. 1000-117-03-008. WHEREAS, a public hearing was held on July 14, 1988, in the Matter of the Application of DOUGLAS AND ELIZABETH WHELAN under Appeal No. 3741; 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 a Variance under Article III, Section 100-31, for permission to construct a 10 ft. x 16 ft. open deck (with railing) along the easterly side of the existing single-family dwelling structure. The setback requested is 22 feet from the inside line along the right-of-way easement as shown on the sketched survey amended September 23, 1980, prepared by Roderick VanTuyl, P.C. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 3, Lot 8.6. 3. The premises in question contains a total area of approximately .413 acre(s) and is improved with a single-family dwelling of a size 25 x 30 plus 9 ft. x 18 ft. addition and garage of a size 13 x 30 feet. 4. Article III, Section 100-31, Bulk Schedule, of the ~age~2 - Appl. No. 3741 atter of DOUGLAS AND ELIZABETH WHELAN Decision Rendered August 18, 1988 Zoning Code requires a minimum frontyard setback at 35 feet from the front property line. The ~es~ s~tback~f the dwelling appears to be at 42'5" frDm.~th~.~-~.~T~e~long the center line of the right-of-way and at 32'5" from the westerly line of the right-of-way easement. The reduction proposed by this application is from 42'5" to 32'5" from the actual easterly property line, and from 32' to 22' from the nearest right-of-way. 5. It is the position of this Board that in considering this application: (a) the relief requested is not substantial, being a variance of approximately 10% of the requirement (reduction to 32 feet from the actual property line along the easterly border); (b) the relief requested is will not alter the character of the neighborhood; (c) the difficulties are unique and related to the property; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of the manner in which the difficulties arose, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance for the construction of an open deck with partial hip roof with a setback at not less than 32 feet from the easterly property line (at the center of the right-of-way), or at not less than 22 feet from the nearest right-of-way line, under Appeal No. 3741 in the Matter of DOUGLAS AND ELIZABETH WHELAN, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain open and unenclosed, with the exception of the partial hip roof as proposed herein; the deck shall not be enclosed or converted into liveable floor area; 2. The deck be of a size of 10 ft. x 16 ft., as proposed herein, and not be enlarged; 3. Any lighting which may be placed at the premises be shielded to the property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Member Doyen of Fishers Island was absent due to family illness. ) This resolution wa~uly a~/~ ~- CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE f/~ ~/~ HOUR Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Sec Law and the Code of the Town of Southold, th will be held by the SOUTHOLD TOWN BOARD OF A Meeting at the Southold Town Hall, Main Road on THURSDAYr JULY 14, 1988 at the following 7:30 p.m. Appl. 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 Subdiw Marion, NY; County Tax Map Parcel No. 1000-3( 7:35 p.m. Appl. No. 3735. DINO AND L~ Variance to the Zoning Ordinance, Article for permission to construct deck addition, near and along bluff of the L.I. Sound, at Soundview Avenue, Mattituck, NY; County Tax 1000-94-1-6. 7:40 p.m. Appl. No. 3736. JOHN R. SCm the Zoning Ordinance, Article XI, Seotion 101 permission to construct deck addition within along Peconic Bay, at premises known as ~60 5 Southold Shores Subdivision Lot ~2, Greenport Parcel No. 1000-56-7-20. 7:45 p.m. Appt. No. 3738. GEORGE BORNS to the Zoning Ordinance, Article III, Sectior permission to extend garage located in the fz attach same to existing dwelling, and to cons square off rear of dwelling in excess of max~ coverage requirement, at premises kno%rn as 5~ Cutchoque, NY; Lot 924 and one-half of ~25, ~ Heights; County Tax Map Parcel No. 1000-136-] 7:50 p.m. Appl. No. 3743. NORTH FORK C ASSOCIATIONr INC. Special Exception to the Article III, Section 100-30B for permission t for a Place of Worship .at premises known as 1 Mattituck, NY; County Tax Map Parcel No. 1000 2ion 267 of the Town ~ following hearings ?PEALS at a Regular , Southold~ NY 11971, 2imes: :holas Lagudis. Section 100-119.2 'tructure within 100 ~, at premises known sion Lot 9129, East -2-84. ROSSINI. Section 100-119.2 .nding and stairs 'emises known as 755 [ap Parcel No. ~YER. Variance to -119.2 for 75 feet of bulkhead lue Marlin Drive, · NY; County Tax Map CHEIN. Variances 100-31, for ontyard area and truct additions to mum-permitted lot 0 Oak Street, ap of Eugene -44. REEK COMMUNITY )ning Ordinance~ expand building )50 Luthers Road, -106-9-6.1. 8:00 p.m. Appl. No. 3737. JOHN and JO~ Variance to the Zoning Ordinance, Article VII construct 11'6" x 36' addition (for storage) cient sideyard setback at the westerly yard a known as 55560 Main Road and 20 Hobart Road, Tax Map Parcel No. 1000-62-3-2. B-1 Zone Dis POLYWODA. Section 100-71 to ~ith an insuffi- Tea, at premises ;outhold, NY; County 2rict.  8:05 p.m. Appl. No. 3741. DOUGLAS AND ~LIZABETH WHELAN.%. Variance no the Zoning Ordinance, Article III Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient setback at the easterly side of ~xisting dwelling which has been determined by the Buildin~ Inspector to be frontyard area, at premises known as 1145 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-03-8. 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 premises 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 IX, Section 100-90A for permission uo construct principal building for storage purposes in this C-1 Industrial Zone District in conjunction with sand and stockpile yard, at premises located along the west side of Cox Lane, Cutcho~ae, NY; County Tax Map Parcel No. 1000-84-03-5. 8:25 p.m. Appl. No. 3745. JOSEPH SPITALIERE/JO~ C.Wo CAMPBELL. Variance for approval of access in accordance with New York Town Law, SectiQn 280-a over private right-of-way located along the easu side of Cedar Beach Drive (jusu 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. 8:35 p.m. Appl. No. 3749. STERLING IDEA VENTTFRES. Variance to the Zoning Ordinance, Article VII, Section 100-7t~ Bulk Schedule for approval of insufficient rearyard seuback from the northerly property line for proposed principal building, at premises known as 46025 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-55-2-18.1. B-1 General Business Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com~ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information~ please call 765-1809. Dated: June 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIrmAN Linda Kowalski~ Board Secretary Instructions to newspapers: Please publish on THURSDAY, JUNE 30, 1988~ and forward 11 affi- davits of publication to: Board of Appeals, Main Road~ Soutold~ NY 11971, on or before July 5~ 1988. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPPROVAL File No ................................ Date . To · ..~~...,,-..~.....~.~.~,t.~ ...... PLEASE TAKE NOTICE that your application dated ....~ for ,,em~it to const~ct ~&.. ~.. ~..~ Location of Property .I.tg~ .... ~ ~...~.~. ~.~. House No. Street Ilq Block . .. County Tax Map No. 1000 S~ction . .- ............ Subdivision ................. Filed Map No ............. is returned herewith and disapproved on tile following gro~.lnQs . ~ ~ ~.~....~.~ .~.~ .~ )iomlot .~ ..... Lot . ..m, ,f'.', ....... Building Inspector FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N,Y. 11971 TEL,: 765-1803 Examined ..... Approved .... ? Permit D~approved a/c ............ ~ ....~ ......... ..... (Bufld~g Inspector) APPLICATION FOR BUILDING PERI~ INSTRUCTIONS Application No. ](..~..t/.]. .......... IT Date ....~.~ ./P.....~G.., 19 7.7. tnd submitted in triplicate ro the Building dule. hip ro adjoining premises or public streets (Name and title of corporate officer) Builder's License No .... /.O.c/ ................. Plumber's License No ......................... Electrician's License No ....................... If applicant is a corporation, signature of duly authorized officer. Other Trade's License No ...................... Location of land on which proposed work will be done ................ · .&o..~, ...... ;."/5 ...... ~.~..,d..~...~ ?..~..~ :.,~ ......... House Number Street County Tax Map No. 1000 Section ...... ..//.? ........ Block ...... Subdivision ..................................... Filed Map No. (Name) Hamlet ............. Lot ............... State existing use and occupancy of premises and intended use and occupanc ~ of proposed construction: a. Existing use and occupancy .... ,/.....~./¢.~. { ~..~.... t.~...c-~5, j.a..~.~.~..~( .~.~. ............................... b. Intended use and occupancy . . . .-~..~../r?..'.rp... ~ y.~.'~ ................................................ ~ailing address of applicant) State whether applicant is owner, lessee, agent, architect, en~neer, general ~ntractor, electrician, plumber or builder. Name of owner of premises.. ~ ~.,. ~. ~,., . .~ . . ~,.,,:d ......................................... (as on the tax roll latest deed) APPLICATION IS HEREBY MADE to the Building Deparrment for the is Building Zone Ordinance of the Town of Southold, Suffolk County, New York Regulations, for the construction of buildings, additions or alterations, or for: The applicant agrees to comply with all applicable laws, ordinances, buildhl~g~ admit authorized inspectors on premises and in buildings for necessary inspect3~: (Signature ( aance of a Building Permit pursuant ro the , and other applicable Laws, Ordinances or emoval or demolition, as herein described. 5de, housing code, and regulations, and to f applicant, or name, if a corporation) shall have been granted by the Building Inspector. a. This application must be completely £flled in by typewriter or in ink Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to sche b. Plot plan showing location of lot and of buildings on premises, relation~ or areas, and giving a detailed description of layout of property must be draw¢ on the diagram which is parr of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Bt/tiding Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in parr for any purpose whatever until a Certificate of Occupancy 3. Nature of work (check which applicable): New Building .... .~..... Addition .......... Alteration .......... Repair .............. Removal ......... : .... Demolition .............. Other Work ............... (Description) 4. Estimated Cost . %- ~ -C~ Fee / (J (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type o,f use ............... ~ ..... 7. Dimensions of existing structures, if any: Front ..... .fi'..~-~. ...... Rear .... ~.. ..... Depth .... 4%.~.r~. ....... Height ..... /..~ ....... Number of Stories ..... .2 .................................................. Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ............. ~ ........ Number of S,tories ........... ,; ...; ....... 8. Dimensions of entire new construction: Front ...... ~.4 ...... Rear ..... /.~ .' ..... Depth ... (..2, ......... Height ....... 7. ........ ~ .... Number of Stories [ ...................................... t ........... 9. Sizeoflot: Front .... Y..~q...'~ ............ Rear .... Y..~.'.q ............ Depth .... ~..e~. ............. .............. 10. Date of Purchase ...... d.~to q . . Name of Former Owner .zt~.~.~,,?.~y....~..q~..-~f~..-~... .... 11. Zone or use district in which premises are situated .... ~ .~t).~g .r. ~y~'A-.. ................................ 12. Does proposed construction violate any zoning law, ordinance or regulation: ..... ?v4. ~ ....................... t3. Will lot be regraded ....... ~.Z?.~. ................. Will excess fiji be removed from premises: , Yes 14. Name of Owner of premises ~.~. ~. ~.~.~..~.~.~-..'~/. )e*. ~:.-'.~ddress ~'.~.~ '.4~*~-x~..~-. ~ ~. ~. Phone No. ~.,~ .V.' .-: ~.-~?~. Name of Architect ........................... Address ................... Phone No ................ Name of Contractor ../~.~,;~. [-~.t.a.~.~.~x.~.,-.~..~,- .... Address .~.r.~. ~¢~. ".~. ~-.- ..... Phone No..?.2y J/.-: .~.~.. 7. PLOT DIAGRAM Locate clearly and distinctly all building, 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 corner lot. STATE OF NEW _Y, ORK, COUNTY OF..,,5..v., .r,~.~. +j.%... S.S ........... /..~/tar.~ ~.'-..././~. I .~.~..~..i.~.-%~ ........... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He 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 ~ed therewith. Sworn to before me this .......... ~...~,...dayof .... ~....,~...~.?.(/4- ,19.'~.? Notary Publi~. ~~./~.. k~,~"~,~ ~/I/~. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DEaS~ON OF BUiLDiNG ~NSPECTOR TO THE ZONIN'G BOARD OF APPEALS, TOWN OF SOUTHOLD, ~R 6~.~I~.~:.....~L~J.~. ...... of.J..L~..5. ..... (We) ........... ......... ~.~ ....... ~.fi.d...K. ................................................ Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF APPLICATION FOR PERMIT NO ..................................... DATE APPEL NO. ¢7 q.Y. ......... ,treet and Number State THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO o, ...:.g.o..~...3.1.~ ........................... ~..-.e.~.~ ................... ~.f...L!.~.J...~ ............ Street and Number Mur{icip~l ty State } PERMIT TO USE ( ) PERMIT FOR OCCUPANCY / Use District on Zoning Map ndicate the Article Section, Sub- quote the OrdJ.nance.) check appropriate box) Town Law Chap. 62 Cons. Lows 4. PREVIOUS APPEAL A previous appeal (has)~been m~de 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 2BOA Subsection 3 ('/~ A Variance to the Zoning Ordinance Street /Hamlet ]D..i..s_t..r. j .c..t....1..0..0..0.....S.e..c...t.!.°..n... }. !.~..B.1...°.c...k.~ .L..°...t. ~ ~.. C u r r e n t Owner lv~op No. 'Lot No.b Prior Owner. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (I section and Paragraph of the Zoning Ordinance by number. Do hal ~rticle ~ Section j~90 -..~ } 3. TYPE OF APPEAL Appeal is made herewith for (please ('/) A VARIANCE to the Zon ng Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Art. 16 Sec. 280A Subsection 3 (') () is requested for the reosonthat Form (Continue on other side) REASON FOR APPEAL ' Continued l. STRICT APPLICATION OF THE ORDINANCE would produce praetieol sar,/ HARDSlq~P be¢ouse 2 The hardshio created is UNIQUE and is not shared by oil properties a~ike in the immediate vicinit~ of this property end in this use district because 3 Tine variance would observe the spirit at the Ordinance and WOULD X!OT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NE~V~"~K/2,~ ) ) ss COUNTY OF~ ) Sworn to this .................... ~./...~...?-.. ........day ELIT..A.~ETH ~ NEVILLE Z PLOT D 5.66' 57'(~"E - 109.56 PlOT E ~' r~,.5~2 so.r.'r ltl` 1 OLD .~. , PLO?- PLOT ~ ''~ h