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HomeMy WebLinkAbout3721 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI ACTION OF THE BOARD OF APPEALS Appeal No. 3721. At a Meeting of the Zoning Board of Appeals held on June 9, 1988 the above appeal was considered, and the Action indicated below was taken on your Request for Variance to the Zoning Ordinance, Article III, Section 100-32: Upon application of RUSSELL E. PLANITZER to locate pool, fence enclosure, pergola structure and part of garden structure, in the frontyard area. Location of Property: Private Road, Wilderness Point, Fishers Island, NY; 1000-12-2-6.5, 6.9 (prev. 6.6). WHEREAS, a public hearing was held on June 2, 1988, in the Matter of the Application of RUSSELL E. PLANITZER under Appeal No. 3721; 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: (CONTINUED ON NEXT PAGE) Page 2 - Appl. No. 3721 Matter of RUSSELL E. PLANITZER Decision Rendered June 9, 1988 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 12, Block 2, Lot 6.5, 6.9 (prev. 6.6), and contains a total area of 5.75 acres. 2. The subject premises is presently improved with a dwelling structure presently under construction pursuant to Building Permit #15495 issued November 15, 1986. 3. By this application, appellant proposes to locate the following accessory structures: (a) 29 ft. x 50 ft. inground pool; (b) 12 ft. x 51 ft. long pergola structure 10 ft. in height; (c) garden structure approximately 50 ft. square with 30" high wood fence on 18" stone retaining wall; (d) 48" high fence for pool enclosure and garden connections, all as more particularly shown on Site Plan revised May 12, 1988, prepared by Robert A.M. Stern Architects (L1). 4. The setbacks proposed between the closest accessory structure (48" high wood fence and pergola structure) and the southerly property line (near the right-of-way) is six feet. 5. Article III, Section 100-32 requires accessory buildings to be located in the rearyard area with a minimum of three feet from the side and rear lot lines. 6. It is the consensus of the Board Members that most of the property appears to be frontyard area, technically, and freshwater wetlands do exist over a large portion of the yard. 7. It is the position of this Board that: (a) the relief requested is not unreasonable; (b) the project as proposed is not within the character of the general neighborhood; (c) the circumstances of the property are unique; (d) the variance, if granted as applied, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) there is no other method feasible for appellant to pursue other than a variance; (f) in considering all the above factors, the Board finds it will be within the interests of justice to grant conditional approval, as further noted below. Page 3 - Appl. No. 3721 Matter of RUSSELL E. PLANITZER Decision Rendered June 9, 1988 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance from the Provisions of Article III, Section 100-32 of the Zoning Code for the placement of acces- sory structure(s) located as shown on plan revised May 12, 1988 and prepared by Robert A.M. Stern Architects, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Screening by evergreens or shrubbery shall be planted at a 6 ft. height and at a setback of five feet from the front property line for a minimum length of 190 feet along the front property line near the right-of-way (see sketch attached with subject 190 ft. length highlighted); {No fences as screening will be permitted to be substituted}; 2. No obstructions by screening or otherwise which cause disturbance into the right-of-way area. 3. No excavating or similar activities which will disturb land area between new construction and the bluff. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk GERARD P. GOEHR]'NGER, C~IRMAN RECEIVED AND /LED BY THE SOUTHOLD TOWN DATE 7-11-~'~ HOUB 10.'~ Town Clerk, Town oJ SoutSold . SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law that the following hearings will be heldL by the SOUTHOLD TOWN BOARD OF APPEALS at a Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JUNE 2, 1'988 on the following matters: 7:50 p.m. Appl. No. 3729 GEORGE R. FUR~E~ Variances to the Zoning Ordinance, Article ~II, Section 100.31, Bulk Schedule for: (a) approval of insufficient area of lot 2; (b) approval of insufficient depth of Lot #2; (c) approval of yard setbacks as apply from the new division line to the exi Location: Right-of-way off Bell Hill Ave., Fi County Tax Map Parcel #1000-009=03-002. ting dwellings. hers Island, NY~ 8:00 ~.m. Appl. No. 3730 ESTATE OF DOR~THY RUSSELL. Variances to the Zoning Ordinance, Article III~ Section 100-31, Bulk Schedule for: (a) approval of ~nsufficie~t area of Lot #1 and Lot #2; (b) approval of insufficient dept~ of Lot #2; (c) approval of ~nsufficient yard setbacks as appl~ from the new division line to the existing dwellings. Location:~ North Side of Beach Avenue and West Si'de of Heathulie Averue, Fishers Island, NY; County Tax Map Parcel #1000-009-11 9.1 (prey. 9). ~ 8:35 p.m. Appl. No. 3721 RUSSELL E. PL tto the Zon-ing Ordinance, Article III, Section 1 mission to loca~e pool, fence enclosure, pergol part of garden structure, in the frontyard are~ Property: Private Road, Wilderness Point, Fis~ -County Tax-Map Parcel #1000-12-2-6.5, 6.9 (pre~ NITZER. Variances~ 00-~32 for per- a structure, and · Locatio~ ofy;~ ers Island, N . 6.6). The Board of Appeals will near at said ti, and all persons or representatives desiring to of the above matters, Written comments may al~ prior to the conclusion of the subject hearing. .will not start before the time allotted. For please call 765-1809. DATED; May 12, 1988. BY ORDER OF THE SOUTHO GERARD P. GOEHRINGER, Linda ~owalski, Board e and pla~e any be heard ~n each o be submitted Each hearing ore information, D TOWN BOARD HAIRMAN ecretary OF APPEALS FORIVt NO. 3 TOWN OF SOUTHOLD BUILDING DEPART~ ENT TOWN CLERK'S OFI 'ICE SOUTItOLD, NOTICE OF DISAPP[-I OVAL File NO ................................ Date .~ PLEASE TAKE NOTICE ~hat your application dated . Seree~ County Tax ~p is returned herewith and disapproved on thc ~o!iowing grou ~ds Lot No Building Inspector FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 'P, OUTHOLD, N.Y. 11971 TEL.: 765-1802 BQAR~-DF ~EALTH ...... SEu_. OF~'gLANS ....... S~RVEY .......... C~ECX SEPTIC FORX .............. . NOIlFY CALL ................ MAIL TO: Examined ................. t9... Approved ................. 19... Permit No ............ (Building Inspector) APPLICATION FOR BUILDING PERM INSTRUCTIONS Date ~' ~9/~ · .... :ubmitted to the Building Inspector, with 3 ncc of Building Permit. tding Permit to the applicant. Such permit whatever until a Certificate of Occupancy ance of a Building Permit pursuant to the and other applicable Laws, Ordinances or ..moral or demolition, as herein described. ~de, housing code, and regulations, and to (Signature o (~ ail~g address of applic~t) Stat~ wh~ther applic~t is owner, lessee, a~n~, ~chitect. en~ne~r, gener~ c¢ n~racmr, ele~t~cian~ plumber or builder .. 2 ........................................... Nme of owner of premises .................................................................... (as on the t~ roll or I~ ~est deed) If a~ a co~oration, signature of duly author~ed officer. · .... t~am~ mit ' o~orate officer) - Builder s License N0 .... ~. ~. [ .~ .......... Plumber's License No. ~ Electrician's License No. ~ c=nse ...... 1. Location of land on which proposed work will be done..~ ~.~.~.~. ~ ~J~2W ................. ............................................. House Number Street Hamlet County Tax Map No. 1000 Section ..... [~.~.~ ..... Block . ~.~,O ....... Lot... ~ .......... Subdivision ..................................... Eiled Map No ............ Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy f ~roposed construction: a. Existing use and occupancy ......... b. Intended use and occupancy ...... ~.~ ~ ~.. ~¢.~.~ ................... :. ............ c. The work covered by this application may not be commenced before issm d. Upon approval of this application, the Building Inspector will issued a Bu. shall be kept on the premises available for inspection throughout the work, e. No building shall be occupied or used in whole or in part for any purpos, shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the ism Building Zone Ordinance of the Town of Southold, Suffolk County, New York Regulations, for the construction of buildings, additions or alterations, or for r, The applicant agrees ro comply with all applicable laws, ordinances, building c, admit authorized inspectors on premises and in building for necessary inspections a. This application must be completely filled in by typewriter or in ink and sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. 3. Nature of work (check which apF .ble): New Building .. ~. .... Addi~ ........... Alteration .......... Repair .............. Removal .............. Demolition ............ Other ~Vork ?. .. .o . 4. Estimates Cost/.. / Zh/,~... ,~..~. ...................... Fee~ ...................................... (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 c~s ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. D~ensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stones ........................................................ D~ensions'of same structure with alterations or additions: Front ................. Rear .................. Dep~ ...................... HeiSt ...................... Number of Sto~s ...................... Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stohes ........................................................ 9. Size oflot: Front ...................... Re~ ...................... Depth ...................... 10. Date of Purchase ............................. Nmme of Foyer Owner I 1. Zone or use district in which premises are s~tuated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ............ , ........ , ......... Will excess fill be re~ved from premises: Yes No 14. Nme of Owner of premises ~ 52e / [. ~/4q/r~4ddress ~ m~. &Sia e;.~hone No.. Nme of~chitect . ~ ~ ~P~.~dress ~(~~ ~¢ Phone No Nme of Contractor . ~ .Tab . d~4~&. ~Xdaress ~.~ ~ ~&one No. ~ &~7~7/~ / 15. Is th~s property iocated w~thSn 300 feet of a tSdai wet,and? *Yes ..... No *If yes, Southold Tom Trustees Perm~ maybe requSred. PLOT DIAG~ Locate cle~ly ~d dis~ctly ~ bufld~gs, whe¢.er existing or proposed, ~d. indicate ~I set-back d~ensions 2om prope~y 5nes. Give street ~d block number or deschption accord~g ro deed, ~d show street nines and ~dicate whether inte~or or comer lot. STATE OF NEW YOR~ S S COU'N~I'._.Y. OF..~..0'..f-'?~ t .] .~.... ' .......[~.~...~ :~Z[ ................ being duly sworn, deposes ~d says that he is the applicant (Nam~of individual signing contract) ~bove named. He is the ...~¢ ~.~ .~.. ~ ~.~:. ~.).4~ ~ .................................................. (Contractor, agent, corporate officer, etc.) of said owner or ownem, ~d is duly authored to perform or have performed ~e s~d work ~d to m~e ~d file ~s application; that ~1 statements confined ~ this application are tree to the best of his ~owledge and belief; and that ~e work wHl be perfo~ed in the m~ner set fo~ ~ the application filed ~erewith. Sworn to before me this .............. ~ ~ .... day of.. ......... : .............. ~ ~UC, ~e ~ ~e~ Y~ ~ / (Signature of appHc~t) . NO,~7~?~ ~ff~k ~ ~ ~ / TOW. Or SOUTH . 'O"K TO THE ZONING BOARD OF APPEA~, TOWN ~~,~. Name of AppeHo,n~ treet ~ Numar Fishers Island Ne' MunicipalitY THE ZONING BOARD OF APPEALS FROM THE DECISION OF APPLICATION FOR PERMIT NO ..................................... DATEI WHEREBY THE BUILDING INSPECTOR DENIED TO Robert A.M. Stern Architects Name of Applicant for permit of 2il West 6ist St. New York, Street and Number Municipa ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY A/C Russell ( ) Permit to construct an inground pool, ^P EAL NO. DT / DATE 2/16/88 ..%.o.~.k. .......... HEREBY APPEAL TO State THE BUILDING INSPECTOR ON February 4, 1988 NY 10023 ity State Planitzer terrace, e]~ergency generator and trellis / s~ructures. 1. LOCATION OF THE PROPERTY ~W~i.~.~d~e.~r~n..e.~s.~t.:~F.~i~.s..h.~..r~`s.~s.~..a.~n..d~ ................................... Street /Hamlet]/ Use District on Zonin§ Mop District 1000 Section Block02 Lot 09 Current 0wne~ Russell Planitzer '/~'g'~"~" ........................................ [g'~"~] ............... Pti or 0whetI' Rut----~ Picket------~ / 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (~ndicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article lll Section 100-32 3, TYPE OF APPEAL Appeal is made herewith for (please (×) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New Yo~k Art. ]6 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 Appeal No ................................. Dated ............... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that accessory structures would pool, terraca, emergency generator, and trellis struct check appropriate box) Town Law Chap. 62 Cons. Lows ode with respect to this decision ~all in front yard (in-ground Form ZB1 (Continue on other side) REASON FOR APPEAL COntinued 1. STRICT APPLICATION ~E THE 0~Di~ANCE would produce practica] difficulties or unneces- sary HARDSHIP Because fresh water wetlands and a steep drop in natural grade legally and practically p~e~ent construction of these elements in the rear or side yards. Also, the configuration of the lot relative to the road renders the majority of the lot as front yard. 2 The hardship created is UNIQUE and is not shared by ali properties aJike in the irnmediote vicinity of this property eno in this use district because other honse are not surrounded by wetlands on three of the four sides of the property. 3. Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE CHARACTER'OF THE DISTRICI because the accessory structures proposed are consistent with the use and character of a single family summer house on Fishers Island. THE Robert A.M. Stern Architects ~ndy M. Correllf. s~so/c~ate ~/f STATE OF NEW yOR/K ) /? ~ .~...~.q / ~'~ _ ~ ~//// COUNTY OF ~y ~ sL, ..... J"~~~;~;~~"'"' ......... C