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HomeMy WebLinkAbout3711 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g?l TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 37]] Application Dated Februar3 8, ]988 TO: Mr. and Mrs. Ernest G. Robinson 223 Diane Place Paramus, NJ 07652 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April 7~ ]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 ]00-119.2 [ ] Request for Application of ERNEST AND DORIS ROBINSON for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck with an insufficient setback from existing bulkhead at premises known as 915 Mill Creek Drive, Southold, NY; County Tax Map Parcel No. 1000-135-3-37. WHEREAS, a public hearing was held and concluded on March 17, 1988 in the Matter of the Application of ERNEST AND DORIS ROBINSON under Appeal No. 3711, 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 familiar with the premises the surrounding areas; and Board Members have personally viewed and are in question, its present zoning, and WHEREAS, the Board made the following findings 1. The premises in question is located on the of Mill Creek Drive in the Hamlet of Southold, Town and is identified on the Suffolk County Tax Maps as 1000, Section 135, Block 3, Lot 37. of fact: east side of Southold, District 2. The subject premises contains a total lot area of approximately 12,000 sq. ft. with 65.0 ft. frontage along Mill Creek Drive and frontage along Arshamomaque Pond along a tie line of 103.97 feet. 3. The premises is improved with a single-family, one- story frame dwelling set back approximately 57 fe~t from the front property line (along Mill Creek Drive), approximately 40 feet from the existing bulkhead along the tidal wetland area, setback from the southerly sideyard at 23 feet at its closest point, and setback from the northerly sideyard at not less than 20 feet. (CONTINUED ON PAGE TWO) DATED: April 7, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3711 Decision Rendered April 7, 1988 Matter of ERNEST AND DORIS ROBINSON 4. By this application, appellants request a Variance from Article XI, Section 100-119.2(B) for permission to construct an open, unroofed deck addition at the rear of the dwelling with a setback of not less than 26 feet from the existing bulkhead. The deck is proposed to extend from the rear of the house at variables (between the house and the bulkhead) from five feet to 13 feet, leaving a reduced setback at not less than 26 feet and as more particularly shown on the sketched plan under consideration. 5. Article XI, Section lO0-119~2(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. 6. For the record it is noted that the premises nonconforming as to lot area, width and size, and the dwelling structure as exists is nonconforming as to its setback from the tidal water. is 7. Although the setback proposed is substantially less than that required by the Code, the project is the minimal necessary under the circumstances and there will be no disturbance of the bulkhead or wetland areas. 8. In considering this application, the Board also finds and determines: (a) the difficulties claimed are unique to the property, particularly due to its nonconformities~ (b) the project as proposed is consistent with the general neighborhood; (c) there is no other method feasible for appellants to pursue other than a variance; (d) the relief requested is the minimal necessary; (e) the project is within the spirit and intent of zoning; (f) the "practical difficulties" test has been sufficiently met; (g) there will be no increase in dwelling density resulting from the grant of this variance; h) the practical difficulties are not self-created; i) in view of the manner in which the difficulties arose and in considering the above factors, the interests of justice will be served by granting the application as applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance under the Provisions of Page 3 - Appeal No. 3711 Decision Rendered April 7, 1988 Matter of ERNEST AND DORIS ROBINSON Article XI, Section lO0-119.2(B) for the construction of a open, unroofed deck attached to the existing dwelling with a setback from the existing bulkhead at not less than 26 feet, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk April Il, 1988 RECEIVED AND FILED BY T~iE SOUTI{©LD TO¥/I~ Cr,~RK DATE ~//f(~'~' HOUR Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN ~OARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, MARCH 17, 1988 at the follow- ing times: 7:30 p.m. Appl- No. 3714 - DALE MAYNARD. Variance to the Zoning Ordinance, Article III, Section lO0-31~ Bulk Schedule, for approval of the insufficient area and width of two parcels as aoProved'by the Planning Board in the subdivision known as "Seawood Acres, Section I". Filed Map No. 2575. Location of Property: West Side of Seawood Drive, Southold, NY; County Tax Map Parcels No. 1000-79-7- 64 and 65. 7:40 p.m. Appl. No. 3713 ROBERT STARON. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the construction of accessory storage shed with an insuffi- cient setback from property lines at premises known as 1490 Waterview Drive, Southold, NY~ County Tax Map Parcel No. 1000-78-7-54. 7:45 p.m. Appl. No. 3711 ERNEST AND DORIS ROBINSON. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to constr~ct deck with an insufficient setback from existing bulkhead at premises known as 915 Mill Greek Drive, Southold, NY~ County Tax Map Parcel No. 1000-135-3-37. 7:50 p.m. Appl. No. 3712 ROBERT CLEMENS. Variances: (a) to the Zoning Ordinances Article III, Section 100-31~ Bulk Schedule, for permission to construct additions to dwelling with an insufficient rearyard setback from the easterly property l~ne, and (b) for approval of access pursuant to New York Town Law, Section 280-a over a private right-of-way extending off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-17. 8:00 p.m. Appl. No. 3543 PETER AND BARBARA NERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate new single-family dwelling Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March-l~, 1988 with insufficient setbacks from existing bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay, premises known as 70 Cedar Point Drive, Southold~ NY~ Cedar Beach Park Map, Part of Lots 152 and llO~ County Tax Map Parcel No. 1000-90-02-13.1. 8:20 p.m. Appl. No. 3687 JON C. KERBS. Interpretation and, if necessary, Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate building 75 feet from the N.Y.S.D.E.C. determined tidal wetlands line as approved under D.E.C. Permit ~10-86-0092 and in accordance w~th Town Trustees Wetland Permit No. 373 conditionally approved June 25, 1987. Location of Property: East Side of Narrow River Road, Orients NY; County Tax Map Parcel No. 1000-27-2-5. 8:35 p.m. Appl. No. 3710 THE COVE AT SOUTHOLD, INC. Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate buildin§s 75 or more fee~ from the N.Y.S.D.E.C. determined tidal wetlands line ano at not less' than 18 feet from the Town Trustees determined wetland grasses as approved under Trustees Permit Application No. 601. Location of Property: South Side of Main Ba~view Road, Southold, NY~ County Tax Map Parcel No. 1000-87-5-20. The Board of Appeals will hear at said time and place all representatives or persons desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted orior to the conclusion of the subject hearing. For more informa- tion, please call 765-1809. Dated: March 3, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ . .~.:~...~..'.~......e,~A...~'..~_.. ....... · .~~ .ok-....~..~/.,..( < ~.7./. ....... PLEASE TAKE NOTICE ~at your application dat~ ...~.~ ~ ........... 19 .~ ~. ~or~,~,o ~on~,..~.~¢..~ ~. ~. ~.~~.~..~t Lo~tion of Property .~(~.. ~' ~ ~ ~~ . Hou~ ~o. Steer Ham/et County T~ Map No, 1000 Section .. [.~,b~ ...... Block .... 9, ~ ...... ~t . ~ ~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .O..~:q~..~ .~. / ~.-..]/. ~.'. x. .......................... ............ Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECT~ .~. El V E J) APPEAL NO. DATE ............................. To T.E ZONING BOARD OF APPEALS, TOWN OF SO O" , 1, (We) Ernest & Doris Robinson of~._,~mj~i~~ Drive Name of Appellant Stree~ and Number ................. .............. , ............................................. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Ernest G. Robinson & )aris B. Robinson Name of Applicant for permit of 915 Mill Creek Drive, Southold, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT FOR CONSTRUCTION 1. LOCATION OF THE PROPERTY ....9..]..5...~..1.]..~..C..~..e..e~.k....D.?~..v..e.:....S..~..u..t..h..~.!..c~.:....D.~.s.~1~.].~g~ ....... Street /Hamlet / Use District on Zoning Map .D.!.s..t..r~.i.~c..t...].~..~.~....S..e~.c..t..!.~..n.../..~...~...B.~.~..c...k.~..3...L..~.~t.~?]... Current Owner Ernest & Doris Robi,son Map No Lot No. 037 Prior Owner Donald Treharne 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi. nance.) Article XI Section 100-119.2 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) I ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to la~k of access (State of New York Town Law Chap. 62 Co~s haws Art. 16 Sec. 280A Subsection 3 (X) A VARIANCE due to construction within 75 feet of water. 4. PREVIOUS APPEAL A ;rewous appeal ~ not)~.been made with respect to this decision of the Building Inspector 'or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ...............................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (X) A Variance to Article X!, Section 10~llg.2 ~s requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATIO~ OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2 The hardship created is UNIQUE and is not shared by oil properties a~ike in the immediate v,cinity of this property and in this use district because ~. Tl~e Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ' CHARACTER OF THE DISTRICT because the proposed deck would not obstruct an]one's view of the water; our neighbors on the southeast side have a deck similar to the one we are proposing, theirs is also on the waterfront side of the house~ the neighbors on the northwest side are ~lanni~ng a similar deck, The proposed deck would enhance the looks of the house and in turn the neighborhood. STAT~ O~ NEW ~ c au N T ~ OF ?~ I ss '~'-~" ~ ~<~'S,gnatur~ ....... Sworn,to this .......... ~.~ .................. day of..~. _ ~/ ~tary P~ic/ ~J T