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 _