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Home My WebLink About3561 Southold 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. 356] Application Dated September ]8, ]986 TO: Edson and Bruer as Attorneys for DOROTHY L. ROBERTSON Main Road Southold, NY 11971 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on January ll, 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 [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], 8u]k Schedule [ ] Request for Application of DOROTHY L. ROBERTSON for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the insufficient lot area of two proposed parcels in this pending set-off division of land with frontage along the south side of North View Drive, the east side of Private Road, and the north side of South View Drive, Orient, NY; County Tax Map District 1000, Section 13, Block 1, Lot 10. WHEREAS, a public hearing was held and concluded on December lO, 1987 in the Matter of the Application of DOROTHY L. ROBERTSON under Appl. No. 3561; 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 a described parcel of land containing a total area of 2.508 acres with frontages along three streets, as follow: (a) 172.64 feet along the east side of Private Road, (b) 292.53 feet along the north side of South View Drive, (c) 320.98 feet along the south side of North View Drive, at Orient. 2. The subject premises is: (a) identified on the Suffolk County Tax Maps as District 1000, Section 13, Block l, Lot 10, and (b) is improved with a one-story, single-family framed dwelling and and 29 x 13 ft. accessory shed structure, as shown by map prepared July 2, 1974, amended July 3, 1984, and August 18, 1986 by Roderick VanTuyl, P.C. (CONTINUED ON PAGE TWO) DATED: January ll, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3561 Matter of DOROTHY L. ROBERTSON Decision Rendered January ll, 1988 3. By this application, appellant requests approval of the insufficient lot area of two proposed parcels in this pending division of land as. follows: (a) 40,032 sq. ft. for proposed Parcel #1, and (b) 69,211 sq. ft. of proposed Parcel #2. The existing dwelling would be within the perimeter of Parcel #2, and the accessory shed would be within Parcel #1. 4. Town records show that the subject premises was conveyed to Douglas M. and Dorothy Robertson on May 26, 1970 by Deed at Liber 6747 cp 480. 5. The immediate block consists of three other parcels, as follows: (a) Lot 11, Section 13, Block 01, of an area of 40,500± sq. ft.; (b) Lot 9 of 2.25± acres; (c) Lot 8 of 1.25± acres. 6. For the record it is noted that a majority of the lots in the immediate area consist of a size of 40,000± sq. ft. or less. 7. It is the opinion of the Board that a denial of the relief requested will not be within the interests of justice, particularly for the following reasons: Master ft.; (a) the area has been designated on the pending Plan Revisions for a minimum lot area of 40,000 sq. (b) most of the lots in the immediate area consist of parcels of a similar size, or smaller than that proposed; (c) there will be no effect of increased population density thus produced on available governmental facilities (fire, water, etc.); (d) a substantial change will not be produced in the character of the neighborhood or to adjoining properties; (e) the difficulty cannot be obviated by some method feasible for applicant to. pursue, other than a variance. 8. It is the position of this Board in making this determination that the area of each of the two lots in ques- tion shall contain a minimum area of 50,000 sq. ft. rather than the square footage requested herein. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to DENY the relief as requested of 40,032 sq. ft. and 69,211 sq. ft., and to GRANT alternative relief in the Matter of the Application of DOROTHY ROBERTSON for a minimum lot area of 50,000 sq. ft. each for proposed Parcels #1 and #2, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be a sideyard setback for the existing dwelling from the proposed division line at not less than 25 feet; 2. One original map shall be furnished as early as possible certifying the area of the parcels in question, setbacks, etc. for permanent recordkeeping. Vote of the Board: Ayes: Douglass and Sawicki. (Member absent.) This resolution was duly Messrs. Goehringer, Grigonis, Doyen of Fishers ...... ~ .... adopted I ECEIVED AND * * THE SOOTEOZ,D lk * GERARD P. GOEHRINGER, CI~4~IRMAN January 19, 1988 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Sect 267 of the Town Law and the Code of the Town of Southold, hearings will b6 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 pendin division of land located along the south side Road, and. extending along the east side of Wi. Greenport, NY; County Tax Map District 1000, Block 5, Lot 3, containing a total area of 3.1 to the Zoning Schedule, for 7:35 p.m. Appl. No. 3694 - ~ERESA CZEC~ Ordinance, Article III, Section approval of the construction of with an insuffi, cient rearyard setback from thc line at premises known as 150 Goldin Lane, Sou County Tax Map District 1000, Section 1.35, ~to 7:40 p.m. Appl. No. 3695 - HENRY J~ SMIT Special Exception to the Zoning Ordinance, Art Section lO0-80(B) for permission to construct building in this "C-L~ight Industrial~' Zoning premises known as 2740 Peconic Lanes Peconic, Tax Map District 1000, Section 74, Block 2, Lo 7:45 p.m. ApplI. No. 3689 ~ PETER AND'Di2 Special Exception to the Zoning Ordinance, Art Section lO0-70(B) for permission to c'onstruct for a repair station in conjunction with Speci Permit #3161 rendered October 11, 1983~ at pre as 45845 North Road, Southold, NY; County Tax 1000, Section 55, Block 02, Lot 17. Zone Distr the following ~D OF APPEALS; , Main Road, 1987 at· the ~ROS and ERAKLIS ~rticle III, insufficient set-off )f the Main ~ins Lane, ~ection 35, ~2 acres~ . Variance IOOZ31,Bulk )pen deck east property Shold, NY; :k 2, Lot 19. t & SON. icle VIII~ :ruck-storage istrict at NY; County 19.1. E LUHRS. cle VII, ~ddition al Exception ~ises known Map District ict: "B-I." 7:50 p.m. Appl. No. 3691 z HOSNY SELIM~=~ the Zoning Ordinance, Article III, Section 100 Variance to -32 and P~ge 2 - Notice of h-~arings Southold Town Board of Appeals Regular Meeting - December 10, 1987 Article XI, Section 1:00-119.2 for permission swimmingpool with decks and fence enclosure existing dwelling in the front yard and withi locate the Long Island Sound, Avenue, Mattituck, NY; 94, Block O1, Lot 07. inground 8:25 p.m. Appl. No. 3543 - PETER AND BAFBARA HERZ. Variances to the Zoning Ordinance, Article XI~ Section 100-119.2 for permission to locate-new single-family dwelling with insufficient setbacks from existing bulk- head and from highwater areas along Midway Inlet and Hog ] Neck Bay, premises known as 20 Cedar Point Drqve, Southold, NY; Cedar Beach Park Map, Part of Lots 152 ald/ llO, County Tax Map Parcel No. 1000-90-02-13.1. 8:15 p.m. Appl. No. 3671 ANDRE-AND TH Variance To the Zoning Ordinance, Article III: for permission to utilize premises for book-pi operations, wholesale book storage, and update 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 t.2 a Variance to t19.2 for per- ack of less. t, at premises County Tax Map TELLI. Variances Section tO0-31 d {b) XI, rom bulkhead tion 100-31 construction waters Road, Bay Properties; ck 1, Lots 19 MAS CYBULSKI. Section lO0-30A blishing d 280-A y for such cultural. utchogue, NY; d part of 1.1. 8:10 p.m. Appl. No. 2676 ANTHONY ROBU~ to the Zoning Ordinance, Articles: (a) III, as to insufficient rear yard and side yard, a~ Section 100-119.2 as to insufficient setback i and ordinary highwater mark, and (c) III, Se( as to excessive lot coverage~ for the propose( of a deck addition, at premlses known as 5 Ha3 Cutchogue, NY; Lot 23 and part of 22, Peconic County Tax Map District 1000, Section lll, B1 and 18. 8:05 p.m. Appl. No. 3696 RICHARD NASS. the Zoning Ordinance, Article XI, Section lO0- mission to locate open wooden deck with a setb than 75 feet from existing bulkhead along can~ known as 50 Willow Point Road, Southold, NY; District lO00,-Section 56, Block 5, Lot 25. at premises known as 8 5 SoUndview County Tax Map District 1000, Section ndward of 100 feet of Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - December 10, 1987 /~ 8:40 p.m. Appl. No. 3661 - DOROTHY L. R( ~ ~ariances to the Zoning Ordinance, Article II 100-31, Bulk Schedule,-for approval of the in Mlot area of two proposed parcels in this pendi division of land with frontage along the sout~ North View Drive, the east side of Private Ro~ north side of South View Drive, Orient, NY; ap DistriCt 1000, Section 13, Block l, Lot 8:55 plm. Appl. No. 3686 - FREDERICK AN[ Variances to the Zoning Ordinance, Articles: Section 100-119.2 for permission to locate dw( a..setback of less than 75 feet from existing Gull Pond Inlet, (b)'ItI, Section 100-3~, to locate dwelling with an insufficient front at premises known as 704 Wiggins Lane, Green County Tax Map District 1000, Section 35, Blo( BERTSON. Section ufficient ng set-off side of d and the ounty Tax DIANE RAYMES. (a) XI, ling with ead along or permission ~rd setback, NY; k 4, Lot 19. The Board of Appeals will hear at said ti all persons or representatives desiring to be of the above matters. Each hearing will not ~ the time allotted. Written comments may be s~ to the conclusion of the subject hearing. Fo~ tion, pleas~ call 765-1809. Dated: November 18, 1987. BY ORDER OF T~!:£ B~ARD:OF APPEALS GERARD P, .GOEHRIr Linda ~owal ski ~ me and place heard in each tart before bmitted prior more informa- OUTHOLD TOWN GER, CHAIRMAN oard Secretary ? ~ FOR~ NO. 3 TOW~ OF' SOUT~OLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No .............................. Date ....... . ,~ ~~ .eo..~.,..~ ~ ~.~ ..... P~ASE TAKE NOTICE that your appfication dated for pe=it to ~t..~?. [e~ ............... Location o i ProperW ~ ~ ~ ~. ~.~.~ ~ e~ .~ Hou*~ No. Street County T~ Map No. 1000 Section .... ~.t. ~ .... Block .... Hamlet .~ .t ....... Lot .. t .O ......... 8ubdivisio~ · ~ .~ Filed Map No .................. Lot No .................. is returned herewith and disapproved on the following grounds .0.2~ ~.~ .~..~g~/.4/0 .'. ~ O RV '~/80 Building Inspector ?OWN OF SOUTHOLD, N~ K TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD Nome ...................... ......P..~i.e..~..% ...................................................... Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF W EREBY BU'LD NG ,NSPECTOR DEN E TO ( ) ( ) .......... ~u d.al ph..R ~ ~e ~...a~/.c..~ ~ ,...;,. Nome of Applicant for permit of ........... M~i r~ ..R.o.a.~t ,. ................. So.u~hold. Street and Number Munici PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO SUBDIVIDE LOCATION OF THE PROPERTY ........... .5..5...5,....~..o,..~,~,~,...~...i..e.! Street .......... $.q ~..~. ~...~ .0...q .0_ .q ,0.,:L..~ :..0..]:.=~ .0. ........................ Current 0~n Mop No, Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALEE section and Poro§roph of the Zoning Ordinance by number. Do Article IIIt Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (~) A~'VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New Ye Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (ht~ not) beer 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 ........... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A 'Variance to the Zoning Ordinance is requested for the reosonthat Appellant wishes to subdivide her prop~ vacant parcel and retain improved parc~ Form ZB1 (Continue on other side) N. Vo · ..~ c.i.t.h...~.i.e ~...~.~ ...&...60~ .. &o u t h D~ Street and Number ......... ,~,,~ ..... HEREBY APPEAL TO State THE}BUILDING INSPECTOR ON ...... !.....~Z. al.a~ ............................ ~ob~r tson 'ffity State Use District on Zoning Map ~r Dorothy L. Robertson (Indicate the Article Section, Sub- ~ot quote the Ordinance.) k Town Low Chap. 62 Cons. Laws made with respect to this decision rty in or~er to sell set-off 1 for her~own use. APPEAL DATE REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicoi difficulties or unneces- sary HARDSHIP because Appellant has been widowed for several years and finds that~ for financial reasons, she must sell that portion of her property proposed to be set-off in order to maintain her residence. The market value of this proposed parcel is substantial~ and the sate of same would allow her to achieve her objective° A denial of this application may force her to sell her residence and leave Orient where she has iive~ since 1946. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediote vicinity of this property and in this use district because The lot, as it presently exists, is larger than any other lot in the surrounding community. The proposed division would create two lots in excess of one acre each: One (t) 40,032 sq. fto lot (to be set-off)~ and one (1) residential lot comprising 69,211 Sqo fto with insufficient front yard width (dictated by the irregular dimensions of this property). 3. The Variance would observe the spirit of the Ordinonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The lobs created by the set-off will be in excess of one acre each~ which Mill be in accord with the proposed Master Plan for Southold Town. ~This board's approval of the requested variances will not adversely affect the planned development of this area. Due to financial pressures, Appellant cannot delay this application until such time as the proposed Master Plan allowing 40~000 square foot parcels is enacted. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this '/~ z:~ day ^~ Sgp. tember 19 86 ............... ......... q~otary Public ~¥ DIANA FO~TE~ ~OTARY PUBLtC Sta~ of, NeW / / //