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HomeMy WebLinkAbout3676 Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SnUTHOLD, L.I,, N.Y. TELEPHONE (516) 765q809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3676 Application Dated September ]8, TO: Mr. Anthony Robustelli 48 Revere Road Manhasset, NY 11030 1987 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February 2, ]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 Varianc~ to the Zoning Ordinance Article III , Section ]00-3] and Article XI , Section 100-119.2 [ ] Request for Application of ANTHONY ROBUSTELLI for Variances to the Zoning Ordinance, Articles: (a) III, Section 100-31 as to insufficient rear yard and side yard, and (b) XI, Section 100-119.2 as to insuffi- cient setback from bulkhead and ordinary highwater mark, and (c) III, Section 100-31 as to excessive lot coverage, for the proposed construction of a deck addition, at premises known as 5 Haywaters Road, Cutchogue, NY; Lot 23 and part of 22, Peconic Bay Properties; County Tax Map District 1000, Section lll, Block 1, Lots 19 and 18. WHEREAS, a public hearing was held on December lO, 1987, and recessed as requested by applicant until January 14, 1988, at which time the hearing was concluded in the Matter of the Application of ANTHONY ROBUSTELLI under Appl. No. 3676~ 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: 1. The premises in question is known and referred to as Lot No. 23 and part of 22 on "Map of Peconic Bay Properties, Inc." filed as Map No. 786 in the Suffolk County Clerk's Office on April 15, 1931, and is shown on the Suffolk County Tax Maps as District 1000, Section 111, Block 1, Lots 19 and 18. 2. The subject premises was conveyed to Anthony and Francesca Robustelli on December 5, 1986 by Deed at Liber 10228 page 117, having a total area of approximately 5,000 ft. with 100± ft. frontage (lot width) along the north side of Haywaters Road and 100+ feet along Haywaters Cove. sq. (CONTINUED ON PAGE TWO) DATED: March 2, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3676 Matter of ANTHONY ROBUSTELLI Decision Rendered February 2, 1988 3. The premises is improved with a one-story frame dwelling having a floor area of 848± sq. ft. and is more particularly shown by copy of survey dated August 20, 1976 prepared by Roderick VanTuyl, P.C. It is noted that the survey also depicts the northerly lines as shown on the filed subdivision map of Peconic Bay Properties to be extended north of the ordinary hi§hwater mark. 4. By this application, appellant requests permission to construct an open deck of a size 9'x 41'6" x 15' from the rear of the dwelling to the inside of the existing bulkhead as shown on the sketched copy of a survey prepared by Roderick Roderick VanTuyl, P.C. surveyed August 20, 1976, and Builder's Drawing #1051 dated May 9, 1987. 5. Article III, Section lO0-31, Column "A" of the Bulk Schedule of the Zoning Code requires minimum sideyards at 10 and 15 feet, rear yard setback at not less than 35 feet, and total maximum lot coverage up to 20% of the total lot area. 6. Article XI, Section lO0-119.2(B) requires all buildings and structures located on lots adjacent to all 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. 7. The deck construction is proposed to built within the 8± ft. area between the north (rear) side of the dwelling, the easterly side line, and the existing bulkhead. 8. It is the opinion of the Board that the construction of the deck in this area would aid in the prevention of erosion behind the bulkhead. In considering this appeal, the Board finds and deter- mines: (a) the relief requested is substantial in relation to the setback requirements, although the existing structure is substantially deficient in the setbacks as exists; (b) the circumstances of the property are unique, particularly due to its nonconforming substandard size, width, depth, setbacks, etc.; (c) there will be no increase in population density resulting from the grant of this variance; (d) there will be no change area and the variance will not in safety, health, welfare, comfort, the Town, in the character of the turn be adverse to the convenience or order of (e) the conditional granting of not prevent the orderly and reasonable properties~ this variance will use of adjacent (f) the practical difficulties are not self-created Page ~ - ASpl. No. Matter of ANTHONY Decision Rendered 3676 ROBUSTELLI February 2, 1988 and there is no other method feasible for appellant to pursue other than a variance, (g) in arose and in interests of variance, as view of the manner in which the difficulties considering all the above factors, the justice will be served by granting the noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to GRANT the relief requested in the Matter of the Application of ANTHONY ROBUSTELLI under Appeal No. 3676, for the construction of a 9' x 41'6~ x 15' open deck, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The height of the top of the deck shall not exceed 18" above grade or the height of the inside of the bulkhead, whichever is greater, but in no event shall the deck be constructed over the existing bulkhead, 2. The deck construction shall be planked to the bulkhead vertically and properly secured~ 3. The deck shall not be enclosed or roofed and shall remain open, as applied; 4. The deck construction shall perimeter of this property only and the neighboring property. be placed within the shall not extend onto 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. GOEFtRJNGERw/ CHAIRMAN ' March 2, 1988 RECEIVED AND FILED BY THE SOUTIiOLD TO~VN C~ DATE A/s/y~ HOUR S ,'/o Town Clerk, Town of Soul~.olct 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 TOW~ BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold~ New York~ on THURSDAY, JANUARY 14, 1988 at the following times: 7:35 p.m. Appl. No. 3705 - ARTHUR V. JUNGE for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10~ 1987, prepared by John A. Grammas & Assoc. Zone District: C-Light Industrial~ Location: North Side of C.R. 48, Cutchogue, NY, County Tax Map District 1000, Section 96, Block i, _ot 19~ containing 45,589± SG. ft. in lot area. 7:40 D.m. Appl. NO. 3697 -WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permlssior to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY~ Cedar Beach Park Ma~ No- 90, Lot 113; County Tax Map District 1000, Section 90, Block 2, Lot 6. ~ 7:45 P.m. Appl. Nb. 3676 ANTHONY ROBUSTELLI. (Recessed from December 10, 1987 as requested), j 7:50 p.m. Appl. No. 3681 ANTHONY AND ANGELA LEONE. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels 3roposed in this pending division of land, and establishing insufficient sideyard setback of existing dwelling ane accessory storage builoing on vacant lot (Section 100-32). Location of Property: East Side of Deed Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000-115-i3-12.1 (prey. 11 and 12). Page 2 Southold January Notice of Hearings Town Board of Appeals 14, 1988 Regular Meeting 7:55 p.m. Appl. No. 3706 - ~ANFRED E. KUERNER. Variances to the Zoning Ordinance, Articles III, Section lO0-31, and XI, Section 100-119.2 for permission to construct additions ~o existing dwelling with a reduced southerly sideyard setback, insufficient total sideyards, excessive lot coverage and with an insufficient setback from bulkhead along "Old Cove" at Arshamomaque. Location of ProperTy: East Side of Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-3o 8:00 p.m. Appl. No. 3652 - GUIDO AND ANNA CIACIA. Variances to the Zoning Ordinance, Article VI~ Section 100-61, Bulk Schedule for approval of insufficient area, width and depth of two parcels in this pending division of land located at the corner of the east s~de of Kerwin Boulevard and the south side of Main Road, Greenport. Zone District: B-Light Industrial. County Tax Map Parcel No. 1000-53-2-20~ Peconic Bay Estates Lots 178 and part of 177. 8:10 p.m. Appl. No. 3699 EDWARD AND BARBARA BETSCH. Variances to the Zoning Ordinance, Article III~ Sectio~ 100-31, Bulk Schedule, and Article XI, Section 100-119.2 for permission to construct addition(s) to dwelling with an ~nsufficient westerly sideyard setback, insufficient total sideyards~ and insufficient setback from nearest wetland area along Mario~ Lake (landward of existing accessory garage structure). Location of Property: North Side of Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-17-15. 8:20 p.m. Appl. No. 3698 THOMAS ZtMMERMAN. Variance to the Zoning Ordinance, Article XI, Section lO0-118E for permission to rebuild and repair existing nonconforming structure which exceeds 50% of fair value of same and which exceeds those limitations of Prior ~.B.A. Appl. No. 3590 rendered March 5, 1987. Location of Property: 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-144-04-09 and 09, containing .60 of an acre total. 8:30 p.m. Appl. No. 3688 ANTHONY AND SALLY PIRRERA. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient width (frontage) of two parcels in this pending division of land. Location of Property: North Side of C.R. 48 (North Road), Greenport, NY County Tax Map Parcel No. 1000-40-01-20, containing a total area of 5.20± acres. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting January 14, i988 The Board of Appeals will hear at said time and place all ~ersons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the con- clusion of the subject hearing. For more information, please call 765-1809. Dated: December 31, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ATTENTION NEWSPAPERS: Please publish once, To wit, THURSDAY, JANUARY 7~ 1988 and forward Affidavits of Publication together with your bill and signed voucher to the Office of the Board of Appeals on or before January 12th. Thank you. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL Date . ..~.. PLEASE TAKE NOTICE that your application dated .... for permit to construct., t:~,..e~,~.... {:a~ .................................. B at Location of Property ~;~s; ~o] .... a ~ ~. '~[e;i .... County Tax Map No. 1000 Section ..... }l I ...... Block ..... ~ J ...... L~t . J. ~. ~.l,~ ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved ~n the followkng grounds...0¢~..'.c.~...~T.. ,~r.~ ./.,m. ~ J) 5': ~ ~a ~.~ ~:~., ~.~.~.~. ~.~ ~.¢.~:~ .~: .... ~. ~;.~.:e. ~~. ~.,.. ~ .~.~ .~.. ~.~. .......... Building Inspector _ . ,, ~,t ~ OF SOUTHOLD, NEW YORK A~PEAL FROM DEC~ ~,~0 ~/%~ F~LDING )NSPECTOR TO THE ZONING~~EALS, TOWN OF S~THOLD. N. Y, ~, ~ ~.~...~.~.~.~. ........... of ....~.~.~.~.~.~ ....... ~.~ ....................... ' Na~e of Appellant Street and Number ...~.~.~.¢~ ........................................................................ .d.'~: ....... H~.E~Y A..~L TO Municipality State THE ZONING BOARD OF APPEALS FROM. THE DECISION OF THE BUlL;DING INSPECTOR ON A'PPLICATION FOR PERMIT NO. ~l~'~'"/',~'~'J~'~'i ......... DATED ............. ,//. ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ........... ~;~';?"x~'~',~;;r ~;;";;';~i~ ................ Street find Number " Municipol tv .......... ~i~" ............... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY ................... /~OO No. Lot No. Prior 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section ondl~aragraph of the Zoning.~ Ordiaance by number. Do not. quote the Ordinance.) Article Z~ Section : ~'a 3. TYPE OF APPEAL Appeal is made herewith ~or (please check appropriate box) ( ~ A VARIANCE tc the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons, L~ws Art. ]~ Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A grevious appeal (l..,) (has not) been mode with respect to this decision of the Building Inspector or with respect to this groperty. Such appeal was ( ) request for a specia 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 requestecJ +'o~r the ~reason thbt ~orm ~.~! (Continue on other side} REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would pr~l~i~e~i:a~ti~:&l difficulties or unneces- sary/ HARDSHIP because O/,~6t'E~. ~'$?~$ ~ ~ ~¢~ ~~ 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because /¢~0~t~'.~ ~N~/~/~'W~¢ $~ 3. Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATEOF NEWYORK )) ss ..... ~' COUNTY OF ,0~-'~ y'e.~/~ ) ~ign;~ture ................... Sworn ,o this ............. ~...7..~.~. ........................ day of.. .~~ ....................... 19067 LEONA STREBEL NOTARY ,-~ $OUTHOLD, N,Y. 11971 T .... 765-1802 B0~A~,D OF HEALTH ...... 3 ,. /TS OF PLANS ....... 'FORM NO. 1 SURVEY .......... /OWN OF SOU/HOLD CHECK .......... BUILDiNGDEPARIMENT SEPTIC FORM TOWN HALL NOTIFY Examined ................. 19... Approved ................ , 19... Permit No ............ Disapproved a/c ..................................... MAlL TO: (Building Inspector) APPLICATION FOR BUiLDING PERMIT INSTRUCTIONS a. This application must be comple[ely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot pl~ 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. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval Of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throu~out the work. e. No building shall be occupied or used in whole or in parr for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Pecmk pursuant to the Building Zone Ordinance of the Town of SouthoId, Suffolk County, New York, and other applicable Laws Ordinances or R~ulations, for the donstruction of buildings, additions or alterations, or for removal or demolition, as herein descr}bed. Tlge applicant agrees to comply with alt applicable laws ordinances, building code, housing coA~ and regulations and to ad~t authorized inspectors on premmes aha m bund~g for necessary . ~. (Si~ ¢~x:rpncarvr,-pr name, if a corporation) (Mailing address of applicant) ~ i % ') ' State whether appli%ant is. owner,.lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ....¢. . 75 .......... ; ........................................ . ...... Nameofown~rofpremises ...~.~ .... .~.~. ~ (~'3..~..'~ ~( t ........................ tas on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Bnilder's License No .......................... Plumber's License No ......................... Electrician's License No. t Location of land on which propo%e/d.,work wRi be done..~ ~r~. ~. ~..'TL-- .~./'~...ff.O.X~ ............... ........ ........ ttouse Num oer Street Hamlet County Tax MaF No. ,O00Section ..].].t ............ Block ..t ............... Lot/f'.~ ...... Subdivision ..................................... Filed Map No ............. Lot ............... (Name) 2. State existing use and occupancy of premmes and intended use and occupancy of proposed construction: ~. ~x~,t~n~ us, =d o~,~p=,~ ...~.~/. U~m.'{z ~. ~ .......................................... 3. Nature of work (check which appli~?b!e): New Building ' Additiqn..~ ~..~7.~. ~ Alteration .......... Repair .............. Removal. ............ Demolition ....... ~ / .... Other Work ............... . . . -- (Descrip~tion) / 4. Estimated Cost . .~..(~/.~..~. · .~'~. ...................... Fee ...................................... " (to be paid on filing this application) 5. If dwelling, number of dwelling units .... [ .......... Number of dweliing units on each floor · ·l ............. If garage, number of cars ...... ~. ............................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .J...7 ............... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ..... f. .................................................. Dimensions'of same ~t~cture with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front .......... ..... Rear ............... Depth ............... Height ............... Number of Stories ...... ~. ................................................. 9. Size of lot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ............................ ~ Name of Forme,.&OWner . ]t~. 5. Q.o.~.J.,( ~. il..~..~ ..... 11. Zone Or use district in which premises are situated.../.~..~.<P ......... .................................. 12. Does proposed construction yiolate any zoning law, ordinance or regulation: ..... /ii/..q ....................... 13. Will lot be regraded .... ~ .O.. -~, ................. Will excess fill be iemoved from premises:r~ Yes No 14. Name of owner of premises t~. fi,,. jl~.c~3.0%.'T(.~4 .~/..Address ~.~A'T~ .qP~.. ~_P~f ~n ~ ~'O, ./.~..'. ............ Name of Architect ......... i ................. Address .. v .......... ; ..... Phone No ................ Name of Contractor .'-~.].M~.~q~[~5~..~/v.~6. Add,ss /~ ~ .a2./~-Ffi.~...,~?/~..}Phone No. ~ .~5-.~.~ .... i5. Is this property located within 300 feet of a ~idal Wetland? *Yes ..... No · If yes, Southold Town Trustees Permit maybe reouired. PLOT DIAGRA~ Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. TFATE OF NEW YORK, S.S 2OUNTY OF ................. ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual s!gning contract) ~bove named. ',eisthe .... ! ............................................... (Contractor, agent, corporate officer, etc.) ff said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application am true to the best of his k~owledge and belief; and that the ./~ork will be performed in the manner set forth in the application filed therewith. 5worn to before me this ........ :.../.~.~. ......... day of ..... ~.'~. ~.-~ .......... . I9 ~..~ ~1[[~ ~. t~ali! ...... Y/'b~-/'~ ~-' "~"~,/' '-'/~"//' ........... : ........ ~iOl~l~itt~,St~a~..?.~ ~ //~ ~2~ (Signature of applicant)