HomeMy WebLinkAbout3688Southold Town Board of Appeals
MAIN ROAD-STATE RI'tAD 25 SI'IUTHt'ILD, L.I., N.Y, 11971
TELEPHONE (516) 766-1809
ACTION OF THE ZONING
Appeal No. 3688
Application Dated October 27, ]987
TO: Rudolph H. Bruer, Esq.
as Attorney for MR. AND MRS.
Main Road
Southold, NY 11971
ANTHONY PIRRERA
[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
[X] Request for Variance to the Zoning Ordinance
Article III, Section ]00-3], Bulk Schedule
[ ] Request for
Application of ANTHONY AND SALLY PIRRERA. Variance to the Zoning
Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of
insufficient width (frontage) of two parcels in this pending division
of land. Location of Property: North Side of C.R. 48 (North Road),
Greenport, NY; County Tax Map Parcel No. 1000-40-01-20, containing
a total area of 5.20± acres.
WHEREAS, a public hearing was held and concluded on January 14,
1988 in the Matter of the Application of ANTHONY AND SALLY PIRRERA
under Appl. No. 3688; 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 situated along the north
side of the North Road (a/k/a County Road 48), Greenport, Town
of Southold, having a total acreage of 5.2 acres and lot width
of 255.26 feet, and is located in the "A-80" Residential and
Agricultural Zoning District.
2. By this application, appellant requests approval of
the lot width (frontage) of 127.63 feet of proposed Parcels
#1 and #2 in this pending two-lot division of land, as more
particularly shown on map prepared by Roderick VanTuyl, P.C.
dated September 17, 1987, amended December 11, 1987.
3. Article III, Section lO0-31, Bulk Schedule, of the Zoning
Code requires a minimum lot width of 175 feet.
4. The premises is shown to be vacant and is believed to
(CONTINUED ON PAGE TWO)
DATED:
Form ZB4
February 2,
(rev. 12/81)
1988.
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appl. No. 3688
Matter of ANTHONY & SALLY PIRRERA
Decision Rendered February 2, 1988
be accessible to a 12" water main from the Village of Greenport
Water Company.
5. For the record it is noted that by prior action taken
by this Board under Appl. No. 3354, area and width variances
were denied for the reasons noted therein on January 21, 1986;
and that an opinion was obtained from the Suffolk County Soil
and Water Conservation District dated November 29, 1985 which
recommended a change in the location of the then-proposed
right-of-way outside of the natural drainageway areas.
6. It is the position of the Board that the layout of
the perimeter of this 5.208-acre parcel as presently exists
with a total lot width of 255.26 feet is unique and there is
no other method feasible for appellant to pursue other than
a variance.
7. In considering this application, the Board also finds
and determines: (a) the relief requested is not substantial
in relation to the requirements of zoning and in relation to
those lots generally existing in the area; (b) a substantial
change will not be produced in the character of the neighbor-
hood; (c) a detriment would not be created to adjoining
properties since the lot will in all other respects comply
with the requirements of zoning; (d) the practical diffi-
culties are not self-created and are sufficient to warrant
the grant of this variance; (e) in view of the manner in
which the difficulties arose and in considering all the above
factors, the interests of justice will be served by granting
the variance, as noted below.
Accordingly, on motion by Mr. Sawicki, seconded by Mr.
Douglass, it was
RESOLVED, to GRANT a Variance from the Provisions of
Article III, Section 100-31 (Bulk Schedule) of the Zoning
Code for the insufficient lot width [or frontage] of proposed
Parcels #1 and #2 of 127.63 feet, as applied in the Matter of
the Application of ANTHONY AND SALLY PIRRERA under Appl. No.
3688, PROVIDED:
1. That lot area for each parcel will not be less than
the current code requirement of 80,000 sq. ft.;
2. That any and all setbacks and other zoning requirements
will be complied with (without reductions at any time).
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.)
This resolution was duly adopted.
lk
GERARD P. GOEHR~'NGER, C~iRMAN
RECEIVED AND FILED BY
THE SOUTHOLD TOV~'N
otm
NOTICE OF HEARINGS
NOTICE IS HEREBY
Town Law and the Code
hearings will be held by the SOUTHOLD TOWN BOAR]
at a Regular Meeting at the Southold Town Hal!~
Southold, New York, on T__~HURSDAY~ JANUARY...14, 191
following times:
GIVEN, pursuant to Sectioh 267 of the
of the Town of Southold, ~he following
7:35 p.m. Appl. No. 3705 - ARTHUR V. JUNG
Exception to the Zoning Ordinance, Article VIII
IO0-80(B) for permission to establish electrica
and construct two buildings located as shown on
dated March 10, 1987~ prepared by John A. Gramm
Zone District: C-Light Industrial. Location:
of C.R. 48, Cutchogue, NY~ County Tax Map DistF
Section 96, Block l, Lot 19, containing 45,589±
lot area.
7:40 p.m. Appl. Noo 3697 WILLIAM AND PAl
OF APPEALS
Main Road,
18 at the
for a Special
Section
shop use
Site Plan
s & Assoc.
North Side
ct 1000,
a Variance to the Zoning Ordinance, Article XI,
100-119.2 for permission to reconstruct and extc
within 75 feet of existing bulkhead along Littl(
Bay. Location of Property: South Side of Midw~
Southold, NY~ Cedar Beach Park Map No. 90, Lot 1
Tax Map District 1000, Section 90, Block 2, Lot
q. ft. in
A TUITE for
7:45 p.m. Appl. No. 3676 ANTHONY ROBUSTE
from December 10, 1987 as requested).
7:50 p.m. Appl. No. 3681 ANTHONY AND ANG
Variances to the Zoning Ordinance, Article III,
100-31, Bulk Schedule, for approval of insuffici
and width of two parcels proposed in this pendin
of land, and establishing insufficient sideyard
existing dwelling'and accessory storage building
lot (Section 100-32). Location of Property:
Deep Hole Drive, Mattituck, NY~ County Tax Map
No. 1000-115-13-12.1 (prev. 11 and 12).
Section
nd porch
Peconic
y Road,
3; County
LLI. (Recessed
ELA LEONE.
Section
~nt area
division
etback of
on vacant
Ea:~t Side of
P~rcel
Page 2 - Notice of Hearings
Southold Town Board of Appeals
January I4, 1988 Regular Meeting
7:55 p.m. Appl. No. 3706 MANFRED E. KUER
to the Zoning Ordinance, Articles III, Section 1
Section 100-119.2 for permission to construct ad
existing dwelling with a reduced southerly sideward setback,
insufficient total sideyards, excessive lot covelrage and
with an insufficient setback from bulkhead alon~ "Old Cove"
at Arshamomaque. Location of Property: East de of Carole
Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-3.
ER. Variances
)0-31, and XI,
tition~ to
8:00 p.m. Appl. No. 3652 GUIDO AND ANNA CIACIA.
Variances to the Zoning Ordinance, Article VI, Section 100-61,
Bulk Schedule for approval of insufficient area, width an~d
depth of two parcels in this pending division of
at the corner of the east side of Kerwin Bouleva
south side of Main Road, Greenport. Zone Distri
Industrial. County Tax Map Parcel No. 1000-53-2
Bay Estates Lots 178 and part of 177.
8:10 p.m. Appl. No. 3699 EDWARD AND BAR~
Variances to the Zoning Ordinance, Article III,
Bulk Schedule, and Article XI, Section lO0-119.
to construct addition(s) to dwelling with an in
westerly sideyard setback, insufficient total s:
insufficient setback from nearest wetland area
Lake (landward of existing accessory garage str
Location of Property: North Side of Rabbit Lan(
NY; County Tax Map Parcel No. 1000-31-17-15.
land located
rd and the
ct: B-Light
-20; Peconic
ARA BETSCH.
Section lO0-31,
for permission
ufficient
deyards, and
long Marion
cture).
, East Marion,
8:20 p.m. Appl. No. 3698 - THOMAS ZIMMERMtN. Variance
to the Zoning Ordinance, Article'Xt, Section lO[-ll8E for
permission to rebuild and repair existing nonco
structure which exceeds 50% of fair value of sal
exceeds those limitations of Prior ~.B.A. Appl.
rendered March 5, 1987. Location of Property:
Place, Mattituck, NY; County Tax Map Parcel No
and 09, containing .60 of an acre total.
8:30 p.m. Appl. No. 3688 - ANTHONY AND SA]
Variance to the Zoning Ordinance, Article III,
Bulk Schedule, for approval of insufficient wid
forming
le and which
No. 3590
265 Rochelle
1000-144-04-09
.LY PIRRERA.
;ection lO0-31,
:h (frontage)
of two parcels in this pending division of land
Property: North Side of C.R. 48 (North Road),
County Tax Map Parcel No. 1000-40-01-20, contai
area of 5.20± acres.
Location of
~reenport, NY
~ing a total
Page 3 Notice of Hearings
Southold Town Board of Appeals
Regular Meeting - January 14,
1 988
The Board of Appeals will hear at said tim~
and place all
in each of the
re the time
or to the con-
ation~ please
persons or representatives de~iring to be heard
above matters. Each hearing will not start befc
allotted. Written comments may be submitted pri
clusion of the subject hearing. For more inforn
call 765-1809.
Dated: December 31, 1987. BY ORDER OF THE S[UTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRIN(ER, CHAIRMAN
Linda Kowalsk~ Bcard Secretary
D
ATTENTION NEWS, APERS: Please publish once, to ~ t,
THURSDAY, JANUARY 7, 1988 and forward Affi( ~vits of
Publication together with your bill and signed ~oucher
to the Office of the Board of Appeals on or before
January 12th. Thank you.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N.Y.
NOTICE OF DISAPPROVAL
File No ................................ Date . .~M~,~-~a..b,-A4~......,~. fi. .... , 19 .~'.'7..
:.. Z
· ~x9~...~... ~ :~.... t t .~ 7/ .......
PLEASE TAKE NOTICE that your application dated . .~
Locat ion o f Property . .~,~ ~.~ ....... ~~ ..... ~ ~.~.~.. ~.'.~:. ~ ~,~ .~.
County Tax Map No. 1000 Sectien .... ~.~ ~ .... Block .... ~ ~ ...... Lot ~.. ~ .......
Subdivision ................. F~led Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds .~
~,uilding Inspector
APPEL FROM DECISION OF BUILDING ~ APPEL NO. ~
To ZONING TOWN O -SOUTHOLO N.Y.
.~ 375 NO~
Nome o( AppeJJon~ ~treef and Number
Municipality Stat~
TNE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDJN6 INSPECTOR ON
APPLICATION FOR ~.~..~.S~g.7 ...... DATE[ ............ ~.(.[~[[[ ............................
WHEREBY T~E BglLDJ~G I~S~ECTOR DE~IED TO
~dol~ B~er a/c ~ony & Sally Pi~a
Marne of Applicant fo~ permit
of
~in ~ad, Son~o~d, N,Y. 11971
Street and ~umber MunJcipa JJ~ State
( PERMIT TO
( ) PERMIT FOR
( ~ P~T ~ ~BD~E
Street gse Distdct on Zoning Map
S~ 1000-40-1-20
.................................................................................. Cu~ren% ~neJ ~ony & Sally Pi~era
Map ~o. Lot No.
2. PROVISIO~ (S) OF T~E ZONING ORDINANCE APPEALED , Indicate the A~icJe Section,
section and Paragraph of the Zoning Ordinonce by number. Do n(~ quofe t~e
~%icle I, Sec. 106-20 & ~cle III, S~. 100-~
3. TYPE OF APPEAL Appeol Js ma~e ~erewith
( ~ A VARIANCE ~o f~e Zoning Ordinance or Zoning Map
( ) A VARIANCE d~e to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. ~R[VIOUS APPEAL A previous appeal ~) (has not) been ~ade wit~ respect to t~is decision
o~ the Building Inspector or wJ~h respect to this property.
Suc~ ~ppeaJ was ( ) request for a special permit
( ) request for a variance
and was made in Appeal Mo ................................. Dated ...................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
is requested for the reason that
Appellants desire to set-off 2.162 acres froT
resulting in the creation of two (2) resident
this 5.208 acre parcel~
ial building lots with
insufficient lot width;
Form ZB1
side and front yard s,~t-backs.
(Continue on other side)
REASON FOR APPEAL :} fl- ' ~;, C6ntinued
1. STRICT APPLICATION OF TJ~E OR~ NANCE would produce practical difficulties or unneces~
sary HARDSHIP because
Without the requested icC width variance, .Appellants will be unable
obtain the desired set-off and the creat~ion of two~ otherwise
conforming~ two-acre+ building lotso
to
Without the requested set-back variances, Appellants would face the
practical dlfflcu±tle of locating any future construction within the
confines of the ordinance~ whcih are designed to be compatible with a
lot width of 175 feet°
2. ~he hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
At lea~t 11 of the seventeen 17 properties lying west of the subject
proper~y have lot widths of 100 feet or less. The remaining 6 lots
average approx. 140 feet in width~
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CH, ARACTER OF THE DISTRICT because
The width of the proposed iots~ ie. 150 feet & t00 feet~ will not
change the character of the district and will be in conformity with
the neighboring properties°
Sworn to this ..... . ......................... day of ........................................................ 19 87
N~ary Public