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Home My WebLink About3730 Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11~J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOERRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI ACTION OF THE BOARD OF APPEALS Upon application of the ESTATE OF DOROTHY M. RUSSELL for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for: (a) approval of insufficient area of proposed Lots #1 and #2; (b) approval of insufficient lot depth of proposed Lot #2; (c) approval of yard setbacks as apply from the new division line to the existing dwellings. Location of Property: North Side of Beach Avenue and West Side of Heathulie Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-009-011-9.1 (prev. 9), containing 2+- acres. WHEREAS, a public hearing was held and concluded on June 2, 1988 in the Matter of the Application of the ESTATE OF DOROTHY M. RUSSELL under Appeal No. 3730; 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 located in the "A" Residential and Agricultural Zoning District along the north side of Beach Avenue and the west side of Heathulie Avenue in the Hamlet of Fishers Island, Town of Southold, containing a total area of two acres, more or less. 2. The subject premises is improved with two single-family dwellings and accessory building, all as shown on the map amended April 12, 1988 prepared by Chandler, Palmer & King, Surveyors, and is identified on the Suffolk County Tax Maps as District 1000, Section 009, Block 011, Lot 009.1 (previously 9). PaGe 2 - Appl. No. 37~0 Ma~er~of ESTATE OF DOROTHY M. RUSSELL Decision Rendered July 14, 1988 3. The subject premises was conveyed to Dorothy M. Russel May 4, 1982 from her husband, (Liber 9189 cp 570), and no conveyances have been found of record since that date. 4. By this application, appellant requests approval of the insufficient lot area of proposed Lot #2 of .88 of an acre and Lot #1 of 1.34 acre(s), insufficient average lot depth of 88+- feet and 207.49 feet of Lots #2 and #1, respectively, and insufficient setbacks of the existing buildings to the proposed division line as shown on the Map amended April 12, 1988, prepared by Chandler, Palmer & King. 5. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft., minimum lot depth of 250 feet, and minimum frontyard setback at 60 feet and rearyard setback at 75 feet. The percentage of relief requested in relation to these requirements is substantial, at an average of approximately 50%. 6. Article III, Section 100-31 excepted those lots having a lot area of less than 80,000 sq. ft. that were "held in single and separate ownership prior to November 1971, and there- after," or were approved by the Planning Board prior to May 20, 1983. The record shows that these parcels were not held in single and separate ownership, although the two single-family dwellings were in existence and occupied prior to the May 20, 1983 increase in lot area requirement. Certificate #Z16949 dated June 2, 1988 has been submitted and made a part of the record. 7. No prior appeals have been found of record concerning these premises. 8. In considering this appeal, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that there will not be any increase in dwelling density since each lot will contain a single-family dwelling and no additional dwelling(s) will be constructed; (e) the relief requested is substantial in relation to the current lot size requirement; (f) that the difficulties cannot be obviated by some method feasible for appellants to pursue, other than a variance; (g) that the Page 3~ - Appl. No. 3730 Matter of ESTATE OF DOROTHY M. RUSSELL Decision Rendered July 14, 1988 relief requested is the minimal necessary under the circumstances; (h) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by the grant of this variance, as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the Variances requested under Appeal No. 3730 in the Matter of the Application of the ESTATE OF DOROTHY RUSSELL as to the insufficient lot area, depth, and setbacks of existing buildings from the proposed division line as shown on the Map amended April 12, 1988, prepared by Chandler, Palmer & King, provided that proposed Lot #2 contains a lot area of not less than 40,000 sq. ft., Lot #1 contain an area of not less than 1.30 acres, and subject to approval by the Southold Town Planning Board as required by the Subdivision Regulations (Chapter Al06) of the Code of the Town of Southold. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to poor weather conditions.) This resolution was duly adopted. RECEIVED AND LED BY THE $OUTHOLD TOWN CT.~RK DATE ~////~ HOUR Town Clerk, Town of Soutl~c]d lk GERARD P. GOEHRINGER CHAIRMAN NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuan~ 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 BOARD OF APPEALS at a Special Meeting at the Southold Town Hall, Main Road, Southold, ~ew York, on THURSDAY, JUNE 2, 1988 at the foll6wing times: 7:30 p.m. Appl. No~ 3718 - PATRICIA STEGNER. Variance to the Zoning Ordinance, Article XI, Section lO0-119.2B for permission to locate new dwelling with an insufficient setback from existing bulkhead. Location of Property: 470 Private Road #12 (off the South Side of Main Bayview Road), Southold, NY; County Tax Map Parcel No. 1000-78-6-5 and 10.2 (now 10.3). 7:35 p.m. Appl. No~ 3723 - ANGELO SPETSIOTES. Variance to the Zoning O~dinance, Article XI, Section 100-119.2B for permission to construct deck addition at rear of dwelling with an insufficient setback from existing bulkhead at Budd's Pond, 1045 Budd's Pond Road, Southold, NY; Willow Point Subdivision Lot #11; County Tax Map Parcel No. 1000-56-5-13.1 (or 13). 7:40 p.m. Appl. No. 3732 - ROBERT' E. BIDWELL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(I4) for a Winery for the production and retail sale of wine produced from grapes primarily grown at the Bidwell~Vineyards, premises located at the South Side of C.R. 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-4-4.3 (prev. p/o 4.1). 7:45 p.m. Apb1. No. 3717 - FREDERICK KOEHLER, JR. Variance to the Zoning Ordinance, Article ×Ii Secti6n lO0~ll9.2B for per- mission to locate accessory structure along existing bulkhead at Cutchogue Harbor, premises known as 575 01~ Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-6. 7:50 p.m. Appl. No. 3729 - GEORGE R. FURSE. Variances to the Zoning Ordinance: Article III, Section 100-31, Bulk Scheaule for: (a) approval of insufficient lot area of proposed Lot #2; (b) approval of insufficient lot depth of proposed Lot #2; (c) approval of yard setbacks as apply from the new division line to the existing dwellings. Location of Property: Right-of-way off Bell Hill Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-009-03-002, containing 3.64± acres. P~ge 2 No~ice of He~ ngs SoJthold Town Board of~'%ppeals Special Meeting - June 2, 1988 ~ 8:00 p.m. Appl. No. 3730 ESTATE OF DOROTHY RUSSELL. Variances to the Zoning Ordinance, Article III, Section 100-31 Bulk Schedule for: (a) approval of insufficient lot area of proposed Lot #1 and Lot #2; (b) approval of insufficient lot depth of proposed Lot #2; (c) approval of insufficient yard setbacks as apply from the new division line to the existing dwellings. Loca'tion of Property: ~orth Side of Beach Avenue and West Side of Heathulie Avenue, Fishers Island, ~Y; County Tax Map Parcel No. 1000-009-11-9.1 (prev. 9), containing 2± acres. 8:10 p.m. Appl. No. 3731 NORTH FORK COUNTRY CLUB. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the placement of accessory gazebo structure in the frontyard area, premises known as 25650 Main Road, Cutchogue, NY; County Tax Map Parcel No. lO00-109-4-Lots 3, 4~ and 7. 8:20 p.m. Appl. No. 3727 DOROTHY ABBOTT. Variances to the Zoning ~rdinance: (a) Article ~III, Section lO0-31, Bulk Schedule, and (b) Article ×I, Section 100-119.2A, for approval of attached deck with an insufficient easterly sideyard setback and insufficient setback from top of bluff along the Long Island Sound, premises known as 380 Private Road No. 3 (extending off the West Side of Rocky Point Road), East Marion, NY; County Tax Map Parcel No. 1000-21-1-2. 8:30 p.m. Appl. No. 3726 - CLIFF & PHIL'S LOBSTER HOUSE. Variance to the Zoning Ordinance, Article VI, Section 100-60C for permission to erect off-premises-advertising sign for restaurant (previously Beachwood Cafe). Location of Oremises for Sign: South Side C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-59-10-4. (Owner: Edward F. Koster). 8:35 p.m. Appl. No. 3721 RUSSELL E. PLANITZER. Variances to the Zoning Ordinance, Article III, Section 100-32 for permission to locate pool, fence enclosure, pergola structure, and part of garden enclosure, in the frontyard area. Location of Property: Private Road, Wilderness Point, Fishers Island, NY; County Tax Map Parcel No. 1000-12-2-6.5, 6.9 (prev. 6.6). The Board of Appeals will hear at said time and place any and'all representatives or persons desitin9 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 conclusion of the subject hearing. For more information, please call 765-1809. DATED: May 12, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies mailed to the following 5/18/88: Mrs. Patricia Stegner, 91 Laurel Drive, Smithtown, NY 11787 Mr. Angelo Spetsiotes, 1045 Budd's Pond Road, Southold, NY 11971 Mr. Robert E. Bidwell 27 Montrose Place Melville, NY 11747 Mr. James Gray, Sr., P.O. Box 1465, Southold, NY 11971 (as Agent for Mr. Frederick Koehler) Stephen L. Ham, III, Esq. Matthews & Ham, 45 Hampton Roads Southampton, NY 11968 as Attorneys for George R. Furse and Estate of D. Russell Richard F. Lark, Esq., P.O. Box 972, Main Road, Cutchogue, NY 11935 John M. Wagner, Esq., Esseks, Hefter & Angel, P.O. 108 East Main Street, Riverhead, NY ll901 as Attorneys for Dorothy Abbott Box 279, Cliff's and Phil's Lobster House, Inc., 50 North Sea Drive, Southold, NY 11971 Robert A.M. Stern Archi'tects, 211 West 61st Street, NY, as Agents for Mr. Russell Planitzer Mr. Charles Kadushin, 242 West 101 St., NY, NY 10025 NY 10023 Suffolk Times, Inc., P.O. Box F, Greenport, NY 11944 L.I. Traveler-Watchman, Traveler St., Southold, NY 11971 Board"Members with copies of files 5/19/88) Building Dept., Planning Board, Bulletin Boardl FORM i~10.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y, NOTICE OF DISAPPROVAL File No ................................ Date .~.~..~.....'-)..~. ....... 19~...~-.. ~o ~ ~.~.~.~.~:~ · ..~ ~. ~~. ~ .......... ~ ~..,..~.~.. ~,q,..~..~ PLEASE TAKE NOTICE that your application dated . .~, ~... a ~ ....... 19 .~ ~.. Ho~tse No, Street Hamlet County Tax Map No. 1000 Section ..'..~.~ ...... Block ..... ~ J ....... Lot .~ ~.[ ......... Subdivision ................. Flied Map No ................. Lot No ................. is returned herewith and di.~approved on the following grounds..(~A~. ~ .e~...~..~.~. ~.-~~..% ~.~, 7~~~...~-~ .... ~.~r~:~.~2~.~¢..~.. ...... :...' ...... ~........: .... ... ......... Building Inspector TOWN OF SOUTHOLD, NEW YORK APR2 ? ~ APPEAL FROM DEC~SION OF BUILDING INSPECTOR ,l~e~i~C~!~'~? ~0 ' DATE ............................ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ESTATE OF DOROTHY M. RUSSELL, by ], (We)i.ts.att.arne.y.,.S.t.e~he~.L,.Hzc0.,.II.$f .....4~5...~.~!~p..t.p.n....R..o...a..d.., ................................... Nome of Appell~r%t Street and Number ............. ..................................................... .New....Y...o..r...k. ............... HEREBY APPEAL TO Municipality St(ne THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..........~...arch..2.5., .]_..9..8...8. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ESTATEOFDOROTHYM. RUSSELL (Thomas 14. Russell, Jr., exec.) b~M~.i..~...~`~9.K~y~.~.S.~t2~e.p.h.~e~n~.~L~..~.~H..~a.m~I~ I I Nome of Applicant for permit of 45 Ha.m. pton Road Southa..m. gt.o.n New York Street and Number Municipality Stal~ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (×) permit to subdivide property ]. LOCATION OF THE PROPERTYHeatbul ie arq ~.~.~,.qh..A.,y.e...s..,./.~.i...s.b,,e.E.s._~.!.a...n.~...A...,R.~.s. Dist. Street /Hamlet/ Use District on Zoning Map District 1000 Section09 Block llLot 9..1 . , .................................................................................. burren~ Owner Estate of Dorothy M. Russell Mop No. Lot No. Prior Owne~ Dorothy M. Russell 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 Ordinance.) Article II1 Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York] TOwn Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~(has 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 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 ) ,s requested for the reason that two single-family residences with accessory struc- tures pre-exist the Zoning Code; they are situated on a total lot area of 2.22 acres; the residences were devised to different beneficiaries under the former owner's last will; and the total lOt area is insufficient to create two conforming lots under existing minimum requirements. ~orm zB! (Continue on other side) REASON FO~D ARPEL Continued 1. STRIC't"~P~m'IcATIO~OF THE ORDINANCE would produce practical difficulties or unneces- Sar~ HARDSHIP beCause, without the variances, ownership interests cannot be separated as intended by the former owner's last will. If one of the residences were destroyed it could not be rebuilt, resulting in a substantial economic injury. Although two single-family residences already exist, and in fact pre-exist the Zoning Code, there is now insufficient lot area under current minimum requirements. 2. The hardshipcreotedis UNIQUEondisnotshared by all properties alike Jn the immediate vicinity ofthisproperty andinthis use districtbecouse, without the variances, ownership interests in the two residences cannot be separated, frustrating the intent of the testatrix. Also, the lot already contains two pre- existing single-family dwellings. 3. The Variance would observe the Spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the structures already exist and their use as distinct single-family dwellings is permitted, so density is not increased. If the variances are granted, not only will there be no substantial change to the character of the district, there wili be no change whatsoever. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Signature Stephen L. Ham, III, Atty. for Applicant Sworn to this ........... 2.6th ......... : ............... day of ............. Apr.i. 1 ............................... 1988 o~ Notary Public ~ J~NE ~&LL~ NOTARY PUBU~, No. 5249i~8~ ~mmissi0n Expi~