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HomeMy WebLinkAbout3686Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3686 Application Dated October 27, TO: Mr. Frederick Raymes 24 W00d]0t Lane Huntington, NY ]1743 1987 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January ]]~ ]988, 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 [×] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2, and III, 100-31 [ ] Request for Application of FREDERICK AND DIANE RAYMES for Variances to the Zoning Ordinance, Articles: (al XI, Section 100-119.2 for permission to locate dwelling with a setback of less than 75 feet from existing bulkhead along Gull Pond Inlet, (b) III, Section 100-31 for permis- sion to locate dwelling with an insufficient frontyard setback, at premises known as 704 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, Lot 19. WHEREAS, a public hearing was held and concluded on December 10, 1987 in the Matter of the Application of FREDERICK AND DIANE RAYMES under Appl. No. 3686; 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: I. The premises in question is located in the "A" Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 4, Lot 19. 2. The subject premises contains a total area of approximately 14,316 sq, ft. with frontage of 115.0 feet along the west side of a private right-of-way (extending off the south end of Wiggins Lane, Greenport and with frontage along Fordham Canal of 127.06 feet. The lot in question is a described parcel and is presently vacant. 3. On or about September 28, 1987, appellants submitted an application to the Building Inspector for the placement of a new single-family dwelling and a Notice of Disapproval was issued by the Building Inspector dated September 30, 1987 indicating the requirement of action from the Board of Appeals under Article XI, Section 100-119.2 for construction within 75 feet of wetlands and (CONTINUED ON PAGE TWO) DATED: January 26, 1988. CHAIP~N, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3686 Matter of FREDERICK & DIANE RAYMES Decision Rendered January 11, 1988 Article III, Section lO0-31, Bulk Schedule, with reduced frontyard setback, as well as Trustees under Chapter 97. for construction action by the Town 4. The initial map submitted (to the Building Inspector) was a copy of a portion of an undated survey prepared for Charles and Helen King showing the proposed structure with estimated setbacks and showing a tie line along a dredged canal. 5. By this application, appellants have applied under the Provisions of Article XI, Section 100-119.2 for permission to locate new dwelling, as more particularly shown on survey dated November 10, 1987 prepared by Roderick VanTuyl, P.C. at 27± feet from an existing bulkhead at highwater line. 6. The setback from the front property line is proposed at 35 feet, the depth of the house is proposed at 35 feet, and proposed deck at 8 feet. 7. Article XI, Section lO0-119.3(B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 8. It is the opinion of this Board that as an alternative the dwelling structure should be setback not less than 40 feet to the existing bulkhead and allowing a reduction of the front- yard setback to not closer than 20 feet. The subject parcel is at a deadend right-of-way and a reduced frontyard setback is more feasible. A reduction from the highwater mark to 27 feet is very substantial and would not be in the best interests of justice. 9. It is the opinion of this Board that: (a) the alternative relief is not substantial in rela- tion to those generally existing in the area; (b) the alternative relief is substantial in relation to the requirements; (c) the circumstances of the property are unique as to nonconforming lot size and width; (d) there will not be an increase in population density thus created by this variance; (e) there is no other method feasible for appellants to pursue other than a variance; (f) the alternative relief is the minimal necessary and is not out of character with the area; (g) in view of all the above factors, the interests of justice will best be served by denying the variance as applied and granting the following alternative relief. Page 3 - Appl. No. 3686 Matter of FREDERICK & DIANE RAYMES Decision Rendered January ll, 1988 Accordingly, on motion by Mr, Grigonis, seconded by Mr. ~oehringer, it was RESOLVED, to DENY the relief as requested, and BE IT FURTHER RESOLVED, to GRANT the alternative relief for the con- struction of a new single-family dwelling structure in the Matter of the Applicat!on of FREDERICK AND DIANE RAYMES under Appl. No. 3686, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setback from the front property line along the private right-of-way shall not be less than 20 feet~ 2. Setback from the existing bulkhead at its closest point shall not be less than 40 feet; 3. Sideyards shall be not less than l0 and 15 feet, or 25 feet total, (pursuant to Article III, Section 100-31, Bulk Schedule of the Zoning Code). 4. Total lot coverage shall not exceed twenty (20%) percent of the total lot area (pursuant to Article III, Sec- tion 100-31, Bulk Schedule of the Zoning Code). 5. This action shall not include the approval of other (accessory) structures which may require additional variances subsequently. any 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. GOEHRINGER, CHAIRMAN January 25, 1988 RECEIVED AND FILED BY THE SOUTI~OLD TOWN DATE///~/~ HOUR Town Clerk, Town of ~outhold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Secti Town Law and the Code of the Town of Southold, hearings will b~ held by the SOUTHOLD TOWN BOA at a 'Regular Meeting at the'Southold Town Hall Southold, New York, on'THURSDAY, DECEMBER 10; following times: 7:30 p.m. Appl. No. 3566 ~ THEODOSE TRAT APODIACOS. Variance to the Zoning Ordinance, Section lO0-31, Bulk Schedule, for approval of lot area of proposed Parcel #1 in this pending division of land located along the south side Road, and extending along the east side of Wi Greenport, NY; County Tax Map District t000~ Block 5, Lot 3, containing a total area of 3. 7:35 p.m. Appl. No. 3694 - THERESA CZEC to the Zoning Ordinance, Article III, Section Schedule, for approval of the construction of with an insufficient rearyard setback from the line at premises known as 150 Goldin Lane, Sou County Tax Map District 1000, Section t35, ~1o 7:40 p.m. Appl. No. 3695 - HENRY J. SMIT Special Exception to the Zoning Ordinances Art Section tO0-80(B) for permission to construct building in this "C-L~ght Industrial" Zoning D premises known as 2740 Peconic Lane, Peconic, Tax Map District 1000, Section 74, Block 2~ Lo n 267 of the the following RD OF APPEALS~ , Main Road, 1987 at-the AROS and ERAKLIS ~rticle III, insufficient set-off )f the Main ~ins Lane, Section 35, 2 acres~ Variance O0Z31,Bu!k )pen deck east property hold, NY; k 2~ Lot 19. & SON. icle VIII, :ruck-storage istrict at ~Y; County 19,1. 7:45 p.m. Appl. No. 3689 - PETER AND DIA E LUHRS. Special Exception to the Zoning Ordinance, Article VII, Section lO0-70(B) for permission to construct for a repair station in conjunction with Speci Permit #3161 rendered October 11, 1983, at pre as 45845 North Road, Southold, NY; County ~ax 1000, Section 55, Block 02, Lot 17. Zone Distr 7:50 p.m. Appl. No. 3691 z HOSNY SELIM~=. the Zoning Ordinance, Article III, Section 100 ~ddition al Exception ~ises known Map District ict: "B-I." Variance to -32 and Page 2 Notice of ~a~arings Southoid Town Board of Appeals Regular Meeting - December lOs 1987 Article XI, Section 100-119.2 for permission swimmingpool with decks and fence enclosure existing dwelling in the front yard and withi the Long Island Sound, at premises known as 85 Avenue, Mattituck, NY; County Tax Map District 94, Block 01, Lot 07. 8:05 p.m. Appl. No. 3696 RICHARD NASS the Zoning Ordinance, Article XI, Section lO0- 'mission to locate open wooden deck with a seth than 75 feet from existing bulkhead along cana known as 50 Willow Point Road, Southold, NY; District 1000,- Section 56, Block 5, Lot 25. 8:10 p.m. Appl. No. 3676 ~ ANTHONY ROBUS to the Zoning Ordinance, Articles: (a) III, as to insufficient rear yard and side yard, a~ Section 100--119.2 as to insufficient setback and ordinary highwater mark, 6nd (c) ItI~'Sec as to excessive lot coverages for the propose¢ of a deck addition, at premises known as 5 Hay Cutchogue, NY; Lot 23 and part of 22, Peconic County Tax Map District 1000, Section 111, BI¢ and 18. % 8:15 p.m. Appl. No. 3671 - ANDRE' AND TH[ Variance to the Zoning Ordinance, Article III for permission to utilize premises for book-p operations, wholesale book storage, and updat~ approval over the existing private right-of-w~ use. Zone District: "A" Residential and Agri Location of Property: West Side Depot Lane, District 1000, Section 96, Block 5, Lot 1.2 ar 8:25 p,m. Appl. No. 3543 - ~PETER AND BA~ Variances to the Zoning Ordinance, Article XI~ 100-119.2 for permission to locate'new single- dwelling with insufficient setbacks from exis head and from highwater areas along Midway In Neck Bay, premises known as 70 Cedar Point Dr NY; Cedar Beach Park Map, Part of Lots 152 ar Tax Map Parcel No. 1000-90-02-13.1. o locate inground andward of lO0 feet of 5 Soundview 1000, Section Variance to 119.2 for per- ack of less. l, at premises County Tax Map TELLI. Variances Section lO0-31 d (b) XI, · rom bulkhead tion 100-31 construction waters Road, Bay Properties; ck l, Lots 19 MAS CYBULSKI. Section lO0-30A blishing d 280-A y for such cultural. utchogue, NY~ d part of 1.1. BARA HERZ. Section family lng bulk- et and Hog ve, Southold, d 110, County Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting December 10, 1987 8:40 p.m. Appl. No. 3561 - DOROTNY L. R£BERTSON. Variances to the Zoning Ordinance, Article II , Section 100-31, Bulk Schedule, for approval of the in ufficient lot area of two proposed parcels in this pending set-off division of land with frontage along the sout~ side of North View Drive, the east side of Private Rod and the north side of South View Drive, Orient, NY; ounty Tax Map District 1000, Section 13, Block 1, Lot l~ riances to the Zoning Ordinance, Articles: (a) XI, ction 100-119.2 for permission to locate dwelling with ~setback of less than 75 feet from existing ~ulkhead along ll Pond Inlet, (b) III, Section 100-31,m ~or permission to locate dwelling with an insufficient front~ard setback, at premises known as 704 Wiggins Lane, Greenp~rt, NY; county Tax Map. District 1000, Section 35, BloCk 4, Lot 19. The Board of Appeals will hear at said t{me and place all persons or representatives desiring to bemheard in each of the above mattens. Each hearing will not -tart before Dated: bmitted prior more informa- OUTHOLD TOWN GER, CHAIRMAN oard Secretary the time allotted. Written comments may be to the conclusion of the subject hearing. For tion, pleas~ call 765-1809. November 18, 1987. BY ORDER ~ OF T~E ~ B.OARD'OF ~PP~EALS GERARD P. GOEHRI Linda Kpwalski, TO~N OF SOUTHOLD BUILDING DE?ARTMENT TO~ CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . .~. File No ................................ ..¢..q.. ~..~..~.~.. ......... P~EASE ~ AKE NOTICE that your application dated RV 1/'80 County T~x ,Map No. I000 Section ... ~.~. ..... Block .... ~9 ....... Lot . i 9. .......... Subd~ws~on ................. Fded Ma~ No .................. Lo[ No .................. ~s returm'd herewith and d~sapproved on the followmg grounds. (~ ~ .~7.~.~.. ~ ~..(t~ ~ B~Iding Inspector TOW. APPEAL FROM DECISION OF BUILDIN~J~ITxl2Pr~C~JJ~ TO THE ZO~NING BOARD OF APPEALS; T~0WN OF SOUTHOLD, , Nam& ~f Appellant Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF APPLICATION FOR PERMIT NO ..................................... DATEE WHEREBY THE BUILDING INSPECTOR DENIED TO iRK of APPEAL NO. D^T ........... ;treat an~j~ Nhmber ,...~..~'... ........... HEREBY APPEAL TO State THE BUILDING INSPECTOR ON ........ ...................... Nome of Applicant for permit Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY ( ) Municipa 1. LOCATION OF THE PROPERTY ~ .~.. Street /Hamlet .D. ?..s. ?.! .c. ~.. ] .0. 0..0....S-e..c. ~.!.°..n. ~..~..B.!.°..c....~....~..L..°. ~..f..~.... cur r e n t O~ne, Mop No. Lot No. Prior 0wnet 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED section and Paragraph of the Zoning Ordinance by number._Do n~. Article ~ J~ Section 3. TYPE OF APPEAL Appeol is mode herewith for (please (v'~ A VARIANCE to the Zoning Ordinonce or Zoning Mop ( ) A VARIANCE due, to lock of occess (Store of New York Art. 16 S~C. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal .(has~.~.~beer~ i 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 ................ ity State / Use District on Zoning Map Indicate the Article Section, Sub, t quote the Ordinance.) check appropriate box) Town Law Chap. 62 Cons. Laws node with respect to th s decision REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 1~ A Variance to the Zoning Ordinance ) · ,s requested for the reason that~~ ~1~/' ~_.~.~.~. ~,.~ ~;~'! ~ ~O / Form ZB1 (Continue on other side) REASON FOR APPEAL c6~ntinued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity, of,this property and in this use district bec.ause 3. The Variance would observe the Spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF.THE DISTRICT because STATE OF NEW YORK: ) ,cOuNTY OF Signatu~ Sworn to this ........... ~...~..Z.~. ..................... day of ,. ~..?.~.~ ................. ]9~2 0 Z :7 L -V\V*/f'; / / -/ RODERICK VAN TD~L P.C . LICENSED LAND S~v~ORS~ GREENPORT NEW YO~K SLIFFOLI<, CO HI::ALI'H )ILPi It S. NO .......................... THE WATER SUPPLY AND SEWAge DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO TNE STANDARDS OF THE SUFFOL~ CO DEPT. OF HEALTH SERVICES. (si APPLICANT SUFEOLK COUNTY DEPT, OF HEALTH SERVICES-- FOR APPROVAL OF CONSTRUCTION ONLY DAT~: H. S, REF. NO.. APPROVED: SUFFOLK CO. TAX~M~P DESIGNATION DIST. SE(**'[. BLOCK PCL OWNERS ADDRESS: DEED: TEST p, ,; I;.;: STAMP SEA _