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HomeMy WebLinkAbout3724WHITER, DR. JOHN ~or~h View Drive Orient, NY #222 October 1, Page 3 G~TED a~prova! of access, N/S North View Drive, Brown's Hills Estates, Orient. Southold Town Board Of Appeals MAIN I~OAD-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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS Upon Application of DR. AND MRS. JOHN WHITTIER for Variances to the Zoning Ordinance, Article III, Section 100-31 as to insufficient frontyard setback, Article XI, Section 100-119.2(A) as to insufficient setback from top of bank or bluff of Long Island Sound, and Article XI, Section 100-118 as to rebuilding existing building with nonconforming setbacks for this single-family residence as shown on plan ~mended Febru- ary 29, 1988 prepared by Roderick VanTu¥1, P.C. Location of Property: North Side of North View Drive, Orient, NY; County Tax Map Parcel No. 1000-13-1-7. WHEREAS, a public hearing was held on June 9, 1988, in the Matter of the Application of DR. AND MRS. JOHN WHITTIER under Appl. No. 3724; 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 Variances of the Zoning Code for permission to reconstruct existing nonconforming building by more than 50%, and construct new addition, both with insufficient setbacks from the top of the bank or bluff of the Long Island Sound and from the front (southerly) property line. 2. The premises in question is located along the north side of North View Drive at intersection with the northerly end of Brown's Hill Road in the Hamlet of Orient, Town of Southold, more particularly identified on the Suffolk County Tax Maps as District 1000, Section 13, Block 1, Lot 7. 3. The subject premises contains a total lot area of one acre with frontage along North View Drive of 240.0 feet and lot depth of 230 feet along the westerly side property line. 'Page 2 Appl~ No.' 3724 Matter of DR. AND MRS. JOHN WHITTIER Decision Rendered July 14, 1988 4. The premises is unique and contains limited buildable area. The depth of the upland area between the top of the bank and the front (southerly) property line is approximately 65 feet and the average width approximately 180 feet. 5. Article XI, Section 100-119.2A requires all buildings or structures proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 6. Under the provisions of Article XI, Section 100-118 and past interpretations by this Board, a nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost fifty percent (50%) of the fair value of the building. 7. Article III, Section 100-31, Bulk Schedule of the Zoning Code requires a minimum frontyard setback"at 50 feet under Column A-40. 8. The following information is noted for the record: (a) The nonconforming setbacks of the existing building are at five feet from the top of the bluff and frontyard setback at 23 feet. (b) The existing building is a single-family dwelling having a total floor area of 845 sq. ft. plus an additional 371 sq. ft. for porch areas; (c) The existing building is constructed partly on a concrete-block basement (with crawl space), and the building is presently one-story in height. An open rear deck exists at the north end of the existing building set back five feet from the top of the bluff. The foundation is presently shown to be set back 17 feet from the top of the bluff (see survey amended February 29, 1988 prepared by Roderick VanTuyl, P.C.). 9. It is the opinion of the Board that due to the erosion factor of the bluff in this area, and the percentage of the existing nonconformity from the top of the bluff (in excess of 85 percent of today's requirement), the new framing construction must be at not less than 20 feet from the top of the bluff. The deck areas to be reconstructed or constructed under the new plans shall be not less than 10 feet from the top of the bluff. It should be understood, however, that these conditional setbacks do not in any way require removal of the existing foundation structure, but does require the framing and new foundation walls to be constructed within these specified conditions. The deck areas could be moved to the required setback without tremendous difficulty and shall be "free-standing". P~ge 3 - Appl. No. 3724 Matter of DR. AND MRS. JOHN WHITTIER Decision Rendered July 14, 1988 10. In considering this appeal, the Board also finds and determines: (a) the relief requested is the minimal necessary; (b) there is no other method feasible for appellant to pursue; (c) the project will not be adverse to the character of the neighborhood; (d) the difficulties claimed are unique to the property and are not personal in nature; (e) the project is within the spirit and intent of zoning; (f) the practical difficulties are sufficient; (g) the percentages of relation to the requirements frontyard setback. relief requested are substantial in of the bluff setback and the (h) in view of the manner in which the difficulties arose and in considering the above factors, the interests of justice will be served by granting the application as applied. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to GRANT Variances from the Zoning Code, Article III, Section 100-31, Bulk Schedule as to the frontyard setback, Article XI, Section 100-119.2A as to the bluff setback, and Article XI, Section 100-118 as to reconstruction of existing nonconforming building by more than 50%, and construction of an addition, in the Matter of the Application of DR. AND MRS. JOHlq WHITTIER under Appeal No. 3724, WITH THE FOLLOWING CONDITIONS: 1. That the deck construction at the northerly end of the dwelling structure be set back not less than 10 feet from the top of the bluff (including replacement and newly added deck area); 2. That the deck construction at the northerly end of the dwelling structure be "free-standing" and detached from the dwelling, and remain open and unroofed; 3. That the wall construction and reconstruction of the dwelling be set back not closer than 22 feet from the top of the bluff; -Pag~ 4 - Appl. No. 3724 Matter of DR. AND MRS. JOHN WHITTIER Decision Rendered July 14, 1988 4. That the principal dwelling reconstruction and addition may be extended into the frontyard area with a setback of not less than 18 feet; 5. That the garage extension with a setback as applied of 13 feet is denied; 6. That the garage entrance be located at the easterly side, and if necessary, the garage may be extended towards the easterly yard area to gain better accessibility and storage purposes as an alternative to the 13-ft. frontyard setback which was applied for and denied herein. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN C1,~.~..1~I Town Clerk, Town of Southo NOTICE OF HEARINGS No. NOTICE IS HEREBY GIVEN, pursuant to Sectio~ 267 of the Town Law and the Code of the Town of Southold, %be following hearings will be held by the SOUTHOLD TOWN BOARD! OF APPEALS at ~ Regular Meeting at the Southold Town Hall, Main Southold, New York, on THURSDAY, JUNE 9, 1988 at the ing times: 7:40 p.m. Appl. No. 3725 ROBERT AND SIDI Variances to the ~Zoning Ordinance, Article III, 100-31, Bulk Schedules for approval of insuffic' of proposed Lots #1, #2 and #32 and ~nsufficien~ (frontage) of proposed Lot #2, each with an exi~ single-family dwelling, tn this pending minor s~ Location of Property: Right-of-way off the eas Westphalia Avenue, Mattituck, NY; County Tax M No. 1000-114-7-14. Road, follow- The any and heard in also be hearing. of bank or bluff of Long Island SoJnd, and Arti Section lO0-118 as to rebuilding existing build nonconforming setbacks for this single-family r as shown on plan amended February 29, 1988 prep Roderick VanTuyl, P.C. Location of Property: of North View Drive, Orient, NY; County Tax Map :lo XI, ng with ~sidence ired by ~orth Side Parcel Section ent area width ting bdivision. side of p Parcel 8:00 p.m. Appl. No. 3724 DR. AND MRS. J Variances to the Zoning Ordinance, Article III, 100-31 as to insufficient frontyard setback, Ar Section 100-119.2(A) as to insufficient setback establish Accessory Apartment single-family residence of the as 36925 Main Road~ Cutcho~ue, 1000-85-2-12.3. No. 3728 ANTHON~ AND J[ accordance with Article II Zoning Ordinance for permi ~N STURCKEN. , Secti on sion to in conjunction wi owner at premise NY; County Tax No. 1000-13-1-7. ~h ~ known 4ap Parcel )HN WHITTIER.~ Section ~icle XI, from top Board of Appeals will hear at said tim~ and place all persons or representatives desiring to be ~each Of the above ~atters. Written co~ments may submitted prior to the conclusion of the subject Each hearing will not start before the time 7:45 p.m. Appl. Special Exception in 100-30(B)[15] of the EY OLMSTED. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD. N.Y. NOTICE OF DISAPPROVAL File No ................................ Date . Marct 4, . .... .......................... 19 88 ELIZABETH THOMPSON a/c JOHN & MARGARET WHITTIER BOX 289 Orient, New York PLEASE TAKE NOTICE that your application dated ...F.e.b.r.u.r.y..4.,, ............ 19..8.8.. . , ..... ALTERATION & ADDITIONS TO EXISTING SINGLE FAMILY DWELLING Location of Property 30 Northview Drive (Pvt. Rd. "I1) Orient, N.Y. House No. Street Hot,~let 013 0] 07 County Tax Map No. 1000 Section . .' ............ Block .............. Lei Subdivision ................. Filed Map No ................ Lot No... ' ............. , Variances will be required from ~s returned herewith and disapproved on the lbllowing grounc~s ............................... Zoning Board of Appeals for followzng Art. III Section 00-31, Bulk & Parking COL. A-80 insufficient front yard set back, Art. XI. 10('-119.2 Construction less . than 100 feet from bank of Long Island Sound and Art. X.] building ~et-backS) 100-118 E non-conforming fllding Inspector TOWN OF SOUTHOLD~ NEW YOI~K APPEAL FROM DECISION OF BUILDING IN~SPEGTOR · MAR 3 0 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, .......... Name of Appellant Si ............................. ................................................. Municipality THE ZONING BOARD Of APPEALS FROM THE DECISION OF APPLICATION FOR PERMIT NO. ~.~.,.~..~ ........... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO APPEL No. 3 DATE ..5/J.~?/~. .......... I.Y. reet a~ Number ~.X~.: ........ HEREBY APPEL TO State tHE BUILDING INSPECTOR ON ( ) ( ) Name of Applicant for permit Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ....~.~....~.!.E.Z~...~...~....m~....~ ~.?...k~....J.4. t..~.%.p.~....~.~../'.'.~..~i...~.?' ~z.~l~ Street /Hamlet Use District on Zoning Mop ndicate the Article Section~ Sub- quote the Ordi.nonce.) .D..i..s. ,t..r..i_c..t....1..0.,0..0....S..e..c..t..!.°..n... L ~...B.1. ,°..c...k. ~.(..L..°..t...~ Z ... C ur r e n t Owner Map No, 'Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED ( section and Paragraph of the Zoning Ordinance by number· Do no Article ~ Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~x0 A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) Q been r~ade 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 Fo~n ZB1 Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORI~I~".~NC,¢- Wa~,ld produce practical difficulties or unneces: sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by ail properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF N EWYORK ) COUNTY OF ) Signature Sworn to this .................. ~ ................. day of.....,~/C~ ................................. Notary Public