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HomeMy WebLinkAbout3772APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN RnAD- STATE RI::3AD 25 SnUTHI3LD, L.I., N.Y. ]]9?] TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Appeal No. 3772: Application of JOHN G. PHILIPPIDES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition at rear of existing dwelling with an insufficient setback from existing bulkhead. Location of Property: South Side of Old Cove Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 10.1. WHEREAS, a public hearing was held on October 26, 1988, the Matter of the Application of JOHN G. PHILIPPIDES under Appeal No. 3772; and in W/~EREAS, at said hearing all those who desired to be 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 along the south side of a private road (known as Old Cove Road) which extends off the west side of Beverly Road, in the Hamlet of Southold, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 52, Block 2, Lot 10.1. 2. The subject premises contains a total area of approximately 12,600 sq. ft., lot width of 122.64 feet, lot depth of 102+- feet, and is improved with a single-family, one-story frame dwelling, all as more particularly shown on the Survey dated May 6, 1968, guaranteed July 29, 1970. Page 2 - Appeal No. 3772 Matter of JOHN G. PHILIPPIDES Decision Rendered November 16, 1988 3. By this application, appellant requests a Variance from the Provisions of Article XI, Section 100-119.2B to construct open deck addition at the rear of existing dwelling with a setback at 18 feet from the outer edge of the existing bulkhead along Arshamomaque Pond (or Old Cove). 4. Article XI, Section 100-119.2B of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. The nonconformities of the property and building as exists are noted as follows: (a) the rearyard setback at approximately 25 feet from the ordinary highwater mark, which is seaward of the existing bulkhead; (b) the setback at 19'6" from the outer edge of existing bulkhead. These preexisting nonconformities lend to the practical difficulties and are uniquely related to the premises. 6. It is noted for the record that the property was the subject of a prior variance under appeal application No. 822, decision as rendered January 13, 1966. 7. It is the position of this Board that in considering this application: (a) the relief requested is not substantial in relation to the existing nonconforming setback, being a variance of 1-1/2 feet {19'6" to 18'}; (b) the relief if granted will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (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 all of the above, the interests ofjustice will best be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Doyen, it was Page 3 - Appeal No. 3772 Matter of JOHN G. PHILIPPIDES Decision Rendered November 16, 1988 RESOLVED, to GRANT the relief requested under Appeal No. 3772 in the Matter of the Application of JOHN G. PHILIPPIDES for the construction of a 12' by 38' open deck, attached at the rear of existing dwelling structure, SUBJECT TO THE FOLLOWING CONDITIONS: i. That deck not encroach any further than 18 feet from the outer edge of the existing concrete bulkhead; 2. That the deck remain open, unroofed, and not be converted for additional living area {except by formal application}; 3. That all lighting, if any, be shielded to the property with mushroom-type cover(s). Vote of the Board: Sawicki and Dinizio. {out-of-state}. This lk Ayes: Messrs. Goehringer, Doyen, (Absent was: Member Grigonis resolution was duly adopted. GERARD P. GOEHRINGER, CHAIRMAN ll EIVED AND FILED BY ] TH~ SOUTHOLD TOi fi~ CLLf!.:/ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, RCD2~T J. DCUCLA~S JOSEPH H. SAWlCKI James D~niz~o, ' SoUthold Town B4ard of Appeals MAIN RI3AD- STATE RI-lAD 25 SrmUTHE}LD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Sectd Law and the Code of the Town of Southold, the will be held by the SOUTHOLD TOWN BOARD OF APE Regular Meeting at the Southold Town Hall, Mad NY 11971, on WEDNESDAY~ OCTOBER 26r 1988 at tk times: 7:30 p.m. Appl. No. 3773 GRETCHEN K. the Zoning Ordinance, Article III, Section 10C to connect deck to porch, leaving an insufficd the south(westerly) property line. Location Private Right-of-Way extending off the North Avenue, Southold, NY; County Tax Map Distric Block 1, northerly part of Lot 14 (now 14.1). 7:40 p.m. Appl. No. 3784 - JAMES YOUNG. Zoning Ordinance, Article III, Section 100-31 construct addition to dwelling with insufficie on 267 of the Town following hearings EALS at a n Road, Southold, e following HEIGL. Variance to -31 for permission ent setback from Property: de of Soundview 1000, Section 68, Variance to the for permission to nt front yard Z.B.A. Legal Notice -2- Octobe~ 2~ ~988 Hearings setbacks from Location of Property: Waters," Southold, NY; Block 3, Lot 8. the westerly and southerly property lines. NE/s Minnehaha Boulevard at "Laughing County Tax Map DistrJ :t 1000, Section 87, 7:45 p.m. Appl. No. 3772 - JO~N G. PHII [PPIDES. Variance o the Zoning Ordinance, Article XI, Section [00-119.2 for ermission to construct deck addition at rear of existing welling with an insufficient setback from ex,.sting bulkhead. Locationof Property: South Side of Old Cove Road, Southold, NY; County Tax Map District 1000, Section 52 Block 2, Lot 10.1~ 7:50 p.m. AppI. No. 3785SE - RAYMOND NI ZAHRA. Special Exception to the Zoning Ordi] Section 100-30B{16} for permission to establi: Breakfast Use," "an owner-occupied building, where lodging and breakfast is provided for n casual, transient roomers, and renting of not rooms. Location of Property: North Side of Mattituck, NY; County Tax Map District 1000, tl, Lot 20. 7:55 p.m. Appl. No. 37~7 - CARL J. AND Variances to the Zoning Ordinance, Article III and 100-32, and Article XI, Section 100-119.1 construct tennis court with 10-ft. high fencin area and total lot coverage in excess of the m [E and CHARLES lance, Article III, ;h "Bed abd ther than a hotel, t more than six more than three New Suffolk Avenue, Section 114, Block UTH V. NELSON. Sections 100-31 or permission to in the frontyard Kimum-permitted 20 Z.B.A. Legal Notice ~ -3- October 2 11988 Hearings percent. Location of Property: 1060 Moore's Lane, Greenport, NY; Eastern Shores Subdivision, Section 3, Lit? 99; County Tax Map District 1000, Section 33, Block 2, Lot 4~, 8:05 p.m. Appl. No. 3786 - MARION SACCON] Zoning Ordinance, Article III, Section 100-30 replace nonconforming trailer with new single addition to the established dwelling structur~ Location of Property: 66075 C.R. 48, Greenpo] Map District 1000, Section 40, Block 2, Lot 71 8:10 pom. Appl. No. 3762.- ROBERT G. ~ DIANNA BAKER. and Breakfast proposal, 2900 Boisseau Avenue, Southold; 1000-55-6-9. (Recessed from October 6, 1988)~ :. Variance to the for permission to ~family dwelling, in ~s and uses. ~t, NY; County Tax Bed 8:15 p.m. JOSEPH A. STOCKEN/M & N AUTO, Property: South Side of Front Street (Route County Tax Map District 1000, Section 45, Blo Appl. No. 3783SE - Special Exception to INC. Location cf 15), Greenport, NY; !k 6, Lot 5: ~he Zoning Ordinance, Article VIII, Section 100-80 for e~ansion of the present property by the addition of a new bui~ ling to be utilized for the existing automobile service station a~d public garage, in addition to the continued sales of gasoline ai.d proposed retail (grocery) store uses, all as shown on the Augl.st 4, 1988 Site Plan. · Z.B.A. Legal Notice ~ -4- October 2/ 1988 Hearings Appl. No. 3782 - Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which Ks not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and diesel) and proposed new building for automobile servicing. 8:30 p.m. Appl. No. 3708 - DAVID WALKE~ Variances to the Zoning Ordinance, Article IIX for approval of parcel as exists with insuffi¢ width and more particularly described in Deed 433 dated October 25, 1979, having been set-od Board approval. Location of Property: 1300 Mattituck, NY; County Tax Map District 1000, 3, Lot 18.3 (previously part of 18.2). The Board of Appeals will at said time ar and all persons or representatives desiring t¢ of the above matters. Written comments may a] ~TURTLE ASSOCIATES. Section 100-31, ient lot area and at Liber 8721 page f without Planning iarratooka Lane, Section 115, Block d place hear any be heard in each so be submitted Z.B.A. Legal Notice .~ ./ -5- Octob r 2 ~ 1988 Hearings 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: October 6, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GDEHRINGER, CHAIRMAN By Linda Kc~alski Notice to Newspapers: Please publish the above Legal Notice onceI to wit, Thursday, October 20, 1988 and forward o~e Affidavit of~Publication to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ....... PLEASE TAKE NOTICE that your application dated .. Loca, ion of Proper~y ../~O. ....... ~/.. ~-Z~. House No. Street County Tax Map No. 1000 Section ..... . .-~., .~'.... Block ....... Subdivision ................. Filed Map No ................. is returned herewith and disapproved on the following grounds. ~...~:..~.~:..z~..'.. · ~.. r-~..~.~..c...~.~... . .z-~~.., ..... , ....... , .......... .... Lot No. ' ......... zn~pector RV 1/80 TOWN OF SOUTHOLD, NEW YOZ APPEAL FROM DECISION OF BUILD!NO INSPECTOR ATE Au~.. 25, 1988 Nome of Appellant Garden Cit~., ........ N..: THE ZONING BOARD OF APPEALS FROM THE DECISION OF APPLICATION FOR PERMIT NO ..................................... DATEI2 WHEREBY THE BUILDING INSPECTOR DENIED TO John G. Philippides Name of Applicant for permit of 35 Avalon Road, Garden C] Street and Number Municipoli ( ) PERMIT TO USE (.) PERMIT FOR OCCUPANCY (X) Permit to build Wooden deck 1. LOCATION OF THE PI~PI:I~TY 160 Old Cove BoUle~ Street /Hamlet District 1000 Section 52 Block 2Lotl0.~ .................................................................................. current Owner Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (I section and Paragraph of the Zoning Ordinance by number. Do noJ Article X1 Section 100-109.2 3. TYPE OF APPEAL Appeal is mode herewith for (please X) A VARIANCE rathe 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) (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 and was made in Appeo.t No ................................. Dated ............... REASON FOR APPEAL ~)) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that reet and Number ¥.:. .............. HEREBY APPEAL TO State 'HEBUILDING INSPECTOR ON .... ............ ty, N.Y. y State ard, $outhold, N.Y. / Use District on Zoning Map jOhn & Athena Phzlippides" Helen Manis ndicate the Article Section, Sub- quote the Ordi.nance.) check appropriate box) Town Law CHop. 62 Cons. LoWs ,ade with respect to this decision l~lorm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATIQN OE THE ORDINANCE would produce practical difficulties or unneces- · sary HARDSHIP because WOULD DEPRIVE ~IE AND ~Y/' FA~'~LY THE ~HANCE TO ENJOY OUTDOORS L~FE~ 2. The hardsh p created is UNIQUE and is not shared ay all properties alike in the imrnedJate vicinity of this property and in this use district because OTHER S~R HOUSES IN THE IN~EDIATE VICINITY HAVE SINILAR DECKS BOTH IN SIZE AND DISTANCE FROM THE WATER~ 3~ The Variance would ooserve the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because THE WOODEN DECK IS TO BE BUILT OVER THE EXISTING CONCRETE PATIO AND, THER~FORE~ WILL NOT CHANGE OR AFFECT THE CHARACTER OF THE DISTRICT. STATE OF NEW YORK ) ~ ,~,~ i~,~,_( ) ss COUNTY OF ,~gO~(~ ) - ~ Si§r~atdre / U ..... rq .............................. r..~ .................... y .............. Sworn to this ~ day .............................................. of ......... ..................... Notary Public TNEREgA A. BA~NNON F~OTARY PUBLIC, State o[ New Yo~K ~'qo. 01BA4915~85 Qua]flied in Commission Expires "OLD COVii" DOl31.. 5¥A~D