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Home My WebLink About3786 Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L,I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAiRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Upon application of MARION SACCONE. Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to replace nonconforming trailer with new single-family dwelling, in addition to the established structures and uses. Location of Property: 66075 C.R. 48, Greenport, NY; County Tax Map District 1000, Section 40, Block 2, Lot 7. WHEREAS, a public hearing was held on October 26, 1988 in the Matter of the Application of MARION SACCONE under Appeal No. 3786; 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 contains a total area of 19,940 sq. ft. with 143.09 ft. frontage along the north side of County Road 48 (Middle Road) in the Hamlet of Greenport, Town of Southold. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District and is improved with the following structures as shown on the August 19, 1988 Survey Map prepared by Roderick VanTuyl, P.C: (a) single-family, two-story frame house situate 25 feet+- from the north side of the front {southerly) property line; (b) seasonal 1-1/2-story frame structure ; (c) one single trailer; (d) one accessory storage shed. Page 2 - Appl. No. 3786 Matter of MARION SACCONE Decision Rendered December 16, 1988 (Appl. No. 3786 - SACCONE decision, continued:) 3. By this application, the appellant requests a Variance for permission to replace existing single-trailer structure with a new single-family dwelling, and its proposed relocation as shown on the above-mentioned August 19, 1988 Survey Map. 4. For the record, it is noted the existing trailer was granted by the Town Board by Trailer Permit No. 8, on September 4, 1958. 5. Chapter 100 of the Town Code defines the term "trailer" as follows: "...Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cooking. The term 'trailer' shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed .... " 6. Chapter 100 of the Town Code defines a single or one-family dwelling as a detached building containing one dwelling unit only and specifically excludes a house trailer. 7. It is the position of the Board Members that the grant of the subject variance under the present terminology and definitions of the current zoning code is not appropriate. 8. In considering this application, the Board also finds and determines: (a) the sufficient proof has not been demonstrated as required by the statutes; (b) the trailer permit does not fall within the definition of "dwelling unit" as stipulated in the current zoning ordinance; (c) the use of the trailer was permitted only by Trailer Permit by the Southold Town Board; (d) the current uses of the property are not so restricted that it cannot be used for reasonable purposes; (e) the circumstances and nature of the uses of the property are unique; Page 3 - Appeal No. 3786 Matter of MARION SACCONE Decision Rendered December 16, 1988 (f) the property is located in an area consisting of lots containing single-family dwelling uses or vacant lots located in the "A" Residential and Agricultural Zoning District, which district permits one dwelling on each lot {Article III, Section 100-30A); (g) this Board cannot under the semblance of a variance exercise legislative powers. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was RESOLVED, that the relief requested under Appl. No. 3786 in the Matter of MARION SACCONE to replace existing trailer with a new single-family dwelling, be and hereby is DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen of Fishers Island was absent due to serious illness.) This resolution was duly adopted. lk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI ~lames D~n~z~o, dr. Southold Town Board of Appeals MAIN RE3AD- STATE RDAD 25 Br'IUTHrlLD. L.I., N.Y. 11971 NOTICE OF HEARINGS TELEPHONE (516', 765-1809 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 BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, OCTOBER 26r 1988 at the following times: 7:30 p.m. Appl. No. 3773 - GRETCHEN K. iHEIGL. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to connect deck to porch, leaving an insufficient setback from the south(westerly) property line. Location of Property: Private Right-of-Way extending off the North Side of Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 68, Block 1, northerly part of Lot 14 (now 14.1). 7:40 p.m. Appl. No. 3784 - JAMES YOUNG. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with insufficient front yard Z.B.A. Legal Notice /-~ -2- October 2~ A1988 Hearings setbacks from the westerly and southerly property lines. Location of Property: Waters," Southold, NY; Block 3, Lot 8. NE/s Minnehaha Boulevard at "Laughing County Tax Map District 1000, Section 87, 7:45 p.m. Appl. No. 3772 - JO~N G. PHILIPPIDES. Variance to the Zoning Ordinance~ Article XI, Section 100-119.2 for permission to construct deck addition at rear of existing dwelling with an insufficient setback from existing bulkhead. Location of Property: South Side of Old Cove Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 10.1. 7:50 p.m. Appl. No. 3785SE - RAYMOND NINE and CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III, Section 100-30B~16} for permission to establish "Bed abd Breakfast Use," "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. 7:55 p.m. Appl. No. 37~7 - CARL J. AND RUTH V. NELSON. Variances~to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, and Article XI, Section 100-119.1 for permission to construct tennis court with 10-ft. high fencing in the frontyard area and total lot coverage in excess of the maximum-permitted 20 Z.B.A. Legal Notice ~ ~' -3- October ~ 1988 Hearings percent. Location of Property: 1060 Moore's Lane, Greenport, NY; Eastern Shores Subdivision, Section 3, Lot 99; County Tax Map District 1000, Section 33, Block 2, Lot 43. i ' 8:05 ADp1. No. 3786 - MARION SACCONE. to the~ p.m.' Variance nlng ordinance, Article III, Section 100-30, for permission to place nonconforming trailer with new single-family dwelling, in dition to the established dwelling structures and.uses. Location of Property. 66075 C.R. 48, Greenport, NY, County Tax Map District 1000, Section 40, Block 2, Lot 7. 8:10 p.m. Appl. No. 3762.- ROBERT G. AND DIANNA BAKER. Bed and Breakfast proposal, 2900 Boisseau Avenue, Southold; 1000-55-6-9. (Recessed from October 6, 1988). 8:15 p.m. JOSEPH A. STOCKEN/M & N AUTO, INC. Location of Property: South Side of Front Street (Route 25), Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5: Appl. No. 3783SE - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for expansion of the present property by the addition of a new building to be utilized for the existing automobile service station and public garage, in addition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Z.B.A. Legal Notice ~ -4- October 2 ~ 1988 Hearings Appl. No. 3782 - Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and diesel) and proposed new building for automobile servicing. 8:30 p.m. Appl. No. 3708 - DAVID WALKER/TURTLE ASSOCIATES. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of parcel as exists with insufficient lot area and width and more particularly described in Deed at Liber 8721 page 433 dated October 25, 1979, having been set-off without Planning Board approval. Location of Property: 1300 Marratooka Lane, Mattituck, NY; County Tax Map District 1000, Section 115, Block 3, Lot 18.3 (previously part of 18.2). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted Z.B.A. Legal Notice : ~ -5- October 2:'<~ 1988 Hearings prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: October 6, 1988. BY ORDER OFT HE SOUTHOLDTOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, October 20, 1988 and forward one Affidavit of Publication to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL . .,~.~, . . ~:.V. : . ./. /. ~.~/.¢. . . PLEASE TAKE NOTICE that your application dated...,~-~r'..eec77q..../,c~.~.....~ .... ,19. ~... for pemit to ~ .~ - ~~ .. ~ ~.~..~ ~.~at -~" ~ ....... ~ .~ to~a~o~ o~o~t~ :~..~.. ~..&4=.. ~ ~ ..... G. ~ ~ ........ /. ~ouse No. ~ Street 0 Hammt County Tax Map No. ~000 Section .... ~.~. .... Bloc~ ..... ~ ..... Eot ....~.~ ...... Subdivision ................. Filed Map No ................. ,Lot No .... ~.~ .......... is returned herewith and disapproved on the following ground~..~L~4 ~c~ . .~.~.. ~-*~. · . .~.~.~?~.~.;.~.~....~....~...~.....~.~..~..~...~.~.."~:`~.~...~....~c~-, ~ , . ,~ -~ , ~-~ ~ Building Inspector RV 1/80 1988 TOWN OF SOUTHOLD, NEW YORK 'T~ ~P~t~P, OM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ....... ....................... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ........ .............................. of ..6..6..0. 7. Z. ................................. Name of Appellent Street and Number Greenpor t New Y~rk ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..S..e. 2.t..e.~1?,.T...9.:...[..9..8..8.. .................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Kevin McLaughlin, a/c Marion Saccone ~ame of App}icant for permit o~ 828 Front Street Greenport New York Street and Number ~unicipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1 LOCATION OF THE PROPERTY ....... (;..6..0..7.5....C. qq~.t.Z..~.o.~.t..e...~.8. .......... .G..r..e..e..n.p_O.T.,t..,' ...... .A.-~..;-. ....... Street /Hamlet / Use District on Zoning Map District lO00 Section40 Block 2, Lot 7 .................................................................................. Current Owner Marion Saccone Mop No. Lot No. Prior Owner 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 ltl Section tO0~O 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ×) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 ) of the Building Inspector or with respect to this property. Such appe~ was ( ) request for e special )ermit ( ) request for a variance and was made in Appeal No ................................. Dated ................................... PREVIOUS APPEAL A previous appeal (~¢~k(has not) been made with respect to this decision REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested forthe reason that applicant wishes to remove the prior non-conforming trailer from the subject premises and replace it with a one-family dwelling. This will result in more than one dwelling on said lot. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the subject parcel ±s already improved by three dwell±rig units, ±nclUding.a non-con£ormin§ trailero Without this variance the appl±eant wonld not be able to remove the traiier and replace it w±th a dwell±rig un±t in better con- £orm±ty with the neighborhood. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because the property is presently ±mpro~ed by three dwellings, including a prior non-conforming trailer. Applicant is unaware of any'other lots in the immediate vicinity similarly improved. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the property is presently improved by three dwellings, including a trailer. If this variance application is approved~ there would still be three dwellings and the prior non-conforming trailer will be removed~ ST^TE NEW YORK COUNTY OF Suffolk ) ~ Sworn to this ................................. day of.-...~.~p--i.~.b.~r ...................... ~URIE E. GRAEB No. ~1818, Su~o~ Term ~r~ ~ptem~sr ~, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER , STREET VILLAGE DIST. SUB. FORMER OWNER . N ' E. ~ ...... L, ACR. S ~AI~ W TYPE OF BUILDING RES. ~8 0 S~S. VL : FARM COMM. CB. MISC.' Mkt. Value ~ND IMP. TOTAL· ' , DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Volue Per Volue ' Acre Woodland ' , Sw~mpbnd ~: FRONTAGE ON WATER House Plot . ·, DEPTH / ~ , . ~ } BULKH~D COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Ext. Walls Fire Place Roof Recreation Roorr Driveway Bath Interior Finish Heat Root'ns 1st Floor Rooms 2nd Floo, Dinette TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT ACR. FORMER OWNER N E I~'~ !?~ 1 S W TYPE OF BUILDING RES.,,, .~ SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS ~'~ , / / ~ ~ Tillable FRONTAGE ON WATER W~land FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKH~D Total ExtEnsion Exte~ion Extension Porch Deck B reezewa' Garage Foundatio¢, Basement Ext. Walls Fire Place Bath Floors Interior Finish Heat Pool Attic Patio Rooms 1st Floor Driveway Rooms 2nd Floor TOWN Ol: SOUTHOLD ~'~OPERTY RECORD CARD ~/~I "':' OWNER STREET~ ' VI LLAGE FORMER OWNER RES. LAND SEAS. VL. FARM MP. TOTAL DATE 0 ~ i ~:,: ~::, .2,. 4/0 BUILDING CONDITION '.0 #~ DISTRICT SUB. LOT COMM. IND. REMARKS J MISC. NEW Farm Tillable 1 Tillable 2 Tillable 3 Waodland Swampland Brusl~ House NORMAL Ac re BELOW j ABOVE Value Per Acre Value Total ~': ' · "' M. Bldg. Extension Extension Breezewa Garage -'J. B-Z _'_?_ ~_ dFoundation Basement /.~ ~ ~ Ext. Walls Fire Place Patio ..... .]_ _~ Driveway Porch Porch Bath Floors Interior Finish Hea)t Attic Rooms 1st Floor Rooms 2nd Floor d / F,/A t-? t \,/ RODERIqK VAN TU~.., P.e. , LICENSED LAND SURVEYORS GREENPORT NEW YORK SUFFOLK C0, HEALTH DEFf~ APPlE{OVAL N.S. NO .................... STAT ,EME~_[N~N]'gN r , TH~ WATer SU;~L¥ AND SE~v-A~:E cONFoRM TO THE STANDARDS OF THE SUFFOLK CO, DEPT, OF HEALTH SERVICES APPLICANT SUFFOLK coUNTY SERvIcEs -- FOR CONSTRUCTION ONLY H. S, REF. NO.: DEPT, OF HEALTH APPROVAL SUFFOLK CO. TAX MAP DESIGNATION: DIST, SECT. BLOCK PCL. OWNERS ADDRESS: .~ [,, *-z STAMP