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HomeMy WebLinkAbout3691 M??V~ tQS~~,~JG P<I I 1 P,Lj, /~a/f?.1 ~Jr:;, '1/ of'rc.e;,{, #)(.~-x.d-.yktfv.nv)<=Il~ ~ c4c~ Y--:c-€.-- fi~ ~ t-;-7L a~~ /00/ '~c?(f~ ~- ..1J-~~~,dA--//Z.e.~ ~ rzd~~5~~~v6 ~ ~ C'~~ - / ~Y;l8'S> LAnbA "'-' LPO~~ - /T'1>biiiD05!I9;':P;, ti!3/.vFr 6CTIO/lck. If-of // PH &J..r J07, 'l'/~Jo1 b {JJ/o I~} '1//I"{07 ,); Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLO. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 369] Application Dated November 6, TO: Mr. H0$ny Se]im 671 Vandam Street N0rtb W00dmere, NY ]]58l 1987 [Appellant (s) ] January 14, 1988, At a Meeting of the Zoning Board of Appeals held on 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 XI, Section ]00-]]9.2 and Article III, Section lO0-31 [ ] Request for Application of HOSNY SELIM for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 and Article XI, Section 100-119.2 for permission to locate inground swimmingpool with decks and fence enclosure landward of existing dwelling in the front yard and within 100 feet of the Long Island Sound, at premises known as 855 Sound Avenue, Mattituck, NY~ County Tax Map District 1000, Section 94, Block O1, Lot 07. WHEREAS, a public hearing was held and concluded on Decem- ber 10, 1987 in the Matter of the Application of HOSNY SELIM under Appl. No. 3681; 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 a described parcel of land containing a total area of approximately 40,000 sq. ft. with 100.55 ft. frontage along the north side of Sound View Avenue at Mattituck, and more particularly known and identified on the Suffolk County Tax Maps as District 1000, Section 94, Block l, Lot 7. 2. The subject premises is located in the 'A-40" Residential and Agricultural Zoning District and is improved with a single- family dwelling with setbacks as shown by the October 1, 1983 survey map prepared by Donack Associates (at 55 feet from the existing bulkhead at its closest point). (CONTINUED ON PAGE TWO) DATED: January 14, 1988. Forr~ ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Pag~ 2 -' Appl. No. 3691 Matter of HOSNY SELIM Decision Rendered January 14, 1988 3. By this application, the appellant requests a Variance from the Provisions of: (a) Article XI, Section 100-119.2 and (b) Article III, Section 100-32 for permission to locate inground swimmingpool with decks and fence enclosure in the frontyard area at more than 100 feet from the front property line along Sound View Avenue. 4. Article XI, Section 100-119.2, subparagraph A[1] requires all buildings proposed on lots adjacent to the Long Island Spund to be set back not less than one-hundred (100) feet from the ordinary highwater mark and not less than one-hundred (100) feet from the top of the bluff, or bank. 5. Article III, Section 100-32 of the Zoning Code requires accessory structures to be located in the rearyard area. For the record, it is noted that Article III, Section 100-31 of the Zoning Code permits additions or attachments to a principal dwelling in the frontyard area provided that the frontyard setback is not less than 50 feet (Column A-40). 6. For the record it is also noted that a Building Permit under Appl. No. 15783Z issued March 21, 1987 is pending at this time. 7. On-site inspections find as follows: (a) the existing construction is set back 21± feet from the top of bluff and 55± feet from the highwater mark along the Long Island Sound; (b) the area of the proposed pool construction is in a depression (low area) of the lot. Along the east side of the depression, the land gently rises and then lowers into a drainageway sloping onto the adjoining easterly lot. 8. In considering this appeal, the Board also finds and determines that the placement of the inground pool, either as an accessory structure or as an addition to the existing dwelling: (a) is not unreasonable and will not create a substantial change in the character of the area; (b) the circumstances are unique; (c) the construction as proposed is landward of existing building[s] and would not be detri- mental to the bluff or L.I. Sound areas; (d) there is no other method feasible for appellants to pursue other than a variance; (e) the practical difficulties claimed are suffi- cient to warrant the relief, as alternatively granted below; (f) in view of all the above factors, the interests of justice will be served by granting an alternative location, in the frontyard area, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to DENY the location as requested of the inground pool with decks and fence enclosure, and it was further RESOLVED, to GRANT the construction of a 20' by 40' inground pool with decks and fence enclosure in the Matter Page 3 - Appl. No. 3691 Mat~er.o~ HOSNY SELIM Decision Rendered January 14, 1988 of the Application of HOSNY SELIM under Appl. No. 3691, in the frontyard area, PROVIDED THE POOL: 1. Be situated in a north-south direction, rather than the requested east-west direction; 2. Be located closer to the easterly side property line with a setback at not less than 15 feet from the east line and not less than 36 feet from the westerly side property line; than 30 feet to the westerly 2. That the actual pool construction be not closer than 36 feet to the west property line; the actual deck and fence construction be not closer property line; 4. That the proposed construction remain unroofed (as proposed); 5. Sufficient evergreen screening be placed and maintained on both sides of the proposed construction (with minimum three-ft. high evergreens, six foot apart, for the full distance; 6. That there be no overhead or adverse lighting in the yard areas; 7. That house lighting, if any, be shielded to the property. 8. Proper measures to be taken to insure that final eleva- tions and grades will not result in storm-water surface runoff flowing onto adjoining property or off-site. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. (Members Doyen and Douglass were absent due to illnesses.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, C~AIRMAN January 29, 1988 RECEIVED AND FILED BY 'fIRE S?UTHOLD TOV~N DATE ~'/! / ~ ~ flOUR · '' ~' 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 b6 held by the SOUTHOLD TOWN BOARD OF APPEALS~ at a 'Regular Meeting at the~Southold Town Halll, Main Road, Southold, New York, on ~THURSDAY~ DECEMBER'lO; i1987 at the following times: 7;30 p.m. Appl. No. 3566 ~ THEODOSE TRATAROS and ERAKLIS APODIACOS. Variance to the Zoning Ordinance, Arti_cle III, Section 100-31, Bulk Schedule, for approval of insufficient lot area of proposed Parcel #1 in this pending set-off division of land located along the south side of the Main Road, and. extending along the east side of Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 5, Lot 3, containing a total area of 3.262 acresQ 7:35 p.m. Appl. No. 3694 - THERESA CZECH. Variance to the Zoning Ordinance, Article III, Section lO0:31,Bulk Schedule, for approval of the construction of open deck with an insufficient rearyard setback from the east property line at premises known as 150 Goldin L-ane, Southold, NY; County Tax Map District 1000, Section 135, ~lock 2, Lot 19. 7:40 p.m. Appl. No. 3695 HENRY J. SMITH & SON. Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to construct truck-storage building in this "C-L~ght Industrial" Zoning District at premises known as 2740 Peconic Lane, Peconic, NY~ County Tax Map District 1000, Section 74, Block 2, Lot 19.1. 7:45 p.m. Appl. No. 3689 PETER AND DIANE LUHRS. Special Exception to the Zoning Ordinance, Article VII, Section lO0-70(B) for permission to construct addition for a repair station in conjunction with Special Exception Permit #3161 rendered October ll, 1983, at premises known as 45845 North Road, Southold, NY; County Tax Map Distri. ct 1000, Section 55, Block 02, Lot 17. Zone District: "B-I." t 7:50 p.m. Appl. N~. 3691 HOSNY SELIM. Variance to~ he Zoning Ordinan. ce, Article III, Section 100-32 and Page 2 - Notice of i-~arings Southold Town Board of Appeals Regular Meeting - December 10, 1987 Article XI, Section 100-119.2 for permission to locate inground swimmin§poOl with decks and fence enclosure landward of existing ~welling in the ~ront yard and within I00 feet of the Long Island Sound, at premises known as 855 Soundview Avenue, Mattituck, NY; County Tax Map District 1000, Section} 94, Block 01, Lot 07. 8:05 p.m. Appl. No. 3696 - RICHARD NASS.~ Variance to the Zonin§ Ordinance, Article XI, Section 100-119.2 for per- mission to locate open wooden deck with a setback of less than 75 feet from existing bulkhead along canal, at premises known as 50 Willow Point Road, Southold, NY; County Tax Map District 1000,- Section 56, Block 5, Lot 25. 8:10 p.m. Appl. No. 3676 ~ ANTHONY ROBUSTELLI. Variances to the Zonin§ Ordinance, Articles: (a) III, Section lO0-31 as to insufficient rear yard and side yard, and (b) XI, Section 100--119.2 as to insufficient setback from bulkhead and ordinary highwater mark, ~nd (c) III~'Section lO0-$1 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 t, Lots 19 and 18. 8:15 p.m. Appl. No. 3671 - ANDRE~ A~D THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section tO0-30A for permission to utilize premises for book-publishing operations, wholesale book storage, and updated 280-A approval over the existing private right-of-way for such use. Zone District: "A" Residential and Agricultural. Location of Property: West Side Depot Lane, Cutchogue, NY; D~strict 1000, Section 96, Block 5, Lot 1.2 and~part of 1.1. 8:25 p.m. Appl. No. 3543 PETER AND BARBARA 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 ~0 Cedar Point Drive, Sou~hold, NY; Cedar Beach Park Map, Part of Lo~s 152 and llO, County Tax Map Parcel No. 1000-90-02-13~1. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - December 10, 1987 8:40 p.m. Appl. No. 3561 DOROTHY L. ROBERTSON. 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 t, Lot 10. 8:55 p~m. Appl. No. 3686 FREDERICK AND DIANE RAYMES. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for permission to locate dwelling with a.,setback of less than 75 feet from existing bulkhead along Gull Pond Inlet, (b) !II, Section 100-3~, for permission to locate dwelling with an insufficient frontyard setback, at premises known as 704 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35~ Block 4, Eot 19. The Board of Appeals will hear at said time and place all persons 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 conclusion of the subject hearing. For more informa- tion, please call 765-1809. Dated: November 18, 1987. BY ORDER OF T~'E SOUTHOLD TOWN ~OARD'iOF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda ~owalski~ Board Secretary FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ............. _~07~. ............... . . . . . ...... .~. ~..&...~ :~,..~.,.~.~.~... PLEASE TAKE NOT1CE that your application dated ...(~. ~ ~ .... .~. ~ ....... 1 9 .~. 7. for pem~it to construct...O~...6t.. .. .e-A-.. . at ....... Location of Property ~ ' ' Street Ham/et County Tax Map No. 1000 Section ..'..~..°1 .di ..... Block .... .~.? ....... L. ot ....~:~ .~. ....... Subdivision .................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. ~'.c~. ~ . .~...~..?..ff~..-. -~ Bumhng' ' Insp~'ctor' ~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING IN~JiJ~I~ NOV 0 6 TO THE ZONING BOARD OF APPEALS, TOWN OJLSOM~I:LQLD, N. Y APPEAL NO. 3 ~? ! T~ov. 1 8 DATE .:. .......... ~.'....~...Z.. I, (We) ...t{OS~N:f.....S/~L%~I ................................. of ..g?l f/AI~DL~_~ ~ 'S.~RF~ ............................... Name of Appellant Street and Number Municipality ...... ~:..Y..:.I...1.5..8..1..HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON AI:~LICATION FOR PERMIT NO ..................................... DATED ..... .0..c...¢..:...~..9..~..1...9..8...7. .................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of 8 ~ S oundvi ew Ave ~attituck N. Y. Street and Number MunicipaJity State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct an accessory swimming pool and fence. ]. LOCATION OF THE PROPERTY ...8..5.~....S..9.]?...n...d..v..i...e..w...,.A.,,v.e. .......................................................... Street /Hamlet / Use District on Zoning Map /v~ap No. Lot No. Pr~ or 0wner. Jos_q_~ph&Jacqueline GUIDO 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 Zzz Section 100- 2 Ii 119.£ 3. TYPE OF APPEAL Appeal is made herewith for (pleasel check appropriate box) ()~)- A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (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 is requested forthe reason that Article Iii Section 100-32, Accessory permitted in rear yard only. Action required by zoning board of appeals. Article XI Section llg.2,constructing within 100' of ~ ~ cluff. Variance needed. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDInanCE would produce practical difficulties or unneces- so~-y HARDSHIP because : : ' , Accessory couidrJt be constructed, in rea? yard as it is ±0oa~cL 2. The hardship created is UNIQUE and is not shored by oil properties alike in vicinity of this property and in this use district because House zs close to the the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Pro~t yard is over I~6' long~ ~ ~'+' ~e~aer the existing house nor the prooosed~ accessory 'w~l~ ~ ~ be visible from the main road (Sou:adview A~e~ STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ......... ~...~ ,~,., ......................... doy of...~"~-~"~" .................................. , 19 ~'~ Notary Public TOW~ OF SOUTHOLD BU)LD~NG DEPARTMENT TOWN HALL ~,gOUTHOLD, N,Y. 11971 TEL.: 765-1802 Disapproved a/c ..................................... (Building Inspector) ' APPLICATION FOR BUILDING PER~iT INSTRUCTIONS B:OARD OF HEALTH 3 SETS OF PLANS SURVEY CHECK SEPTIC FORM NOTIFY CALL MAIL TO: Date .................. , a. lqais applkafion must be completely filled in by typewriter or in ink and submitted to the Building inspector, with 3 sets of ¢lans, accurate plot plan to scale. Fee avcorumg to schedule. b. Plot plan showing locatd, on of lot and of buildings on premises, relationship to adjoining premises or pubEc streets or areas, and giving a detailed description of layout of property must'be drawn on the diagram winch zs part of tbds appli- catiom . c. The work covered hy 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 throughout the work. e No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Bui]ding Department for the issuance of a Building Permit pursuant to the :Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordhnances or Regulations, for the 'construction of buildings, additions or alterations, or for removal or demolition, as herein described. ~ 'The applicant a~ees to com~ly with all applicable laws, ordinances, bui~lin~¢ code~ housing code, and regulations, and tn admit authorized inspectors o~1 premises and-in building for necessary insp~ct~ns9 (SineCure of a~plicant, or name, if a corporation) (Mailing ~ddress 6f applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder N~mme of owner of premises ...... '$' 'J" ~ .V .]~ , A.~ . (as on the tax roll or latest deed) If applicant is a corporation signature of duly authorized officer. (Name and title of co,orate officer) ALL CONTRACTOR'S 14UST BE SUFFOLK COUNTY LICENSED ]Builder's License No.././. ~.--J-IJ'7. ~,ff~. ......... P,amber s ~lcense No Electrician's License No ....................... Other Trade% License No ...................... ~cation of land on which proposed work will be done~ ........................................ ....................................... ........ House Number Street Hamlet Zax !O0O ....... %4 ....... ...... ........... rot .... .............. bdivision .................................... Filed Map No ............... Lot ............... (Name) ~are existing use and occupancy of premises and intended use and occupancy of proposed construcfiou: ~ Existing use and occupancy .. Intended use and occupy ~&& 3.~ . ~rork (check which applicable): New Building ' .. Addition · ·. ]~ ..... ?~dteration .......... ~-,e},axr .............. Removal .............. Demolition .............. Other Work ............... .?d ~'-~ (j ,~..~,~. (Description) 4. Estimated Cost . ' ~ Fee tto be ~ md on filing thru application) 5. if dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars .................................................... -...~ ............... 6. If business, commercia! or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear ............. Depth ............... Height ............... Number of Stohes ................................... D~ensions of same structure with alterations or additions: Front ................. Rear Depth ...................... HeiSt ...................... Number of Stories ...................... 8. D~mensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ 9. Size of lot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Former Owner ............................. I 1. Zone or use district in w~ich premises are situated ..................................... 12. Does proposed const~ction violate ~ny zoning law, ordinance or regulation: ...................... ! 3. W~I lot be regraded ............................ Will excess fill be removed from premises: Yes No i4. Nme of Owner of premises ................... Address ................... Phone No ................ N~e of Architect ........................... Address ................... Phone No ................ Nmme of Contractor Address .... : ............. Phone No ................ 15~ Is this property located within 300 feet of a tidal wetland? *Yes ..... No · tf yes, Southold To~ Trustees Permit may be required. PLOT DIAG~M Loca~ clemTly and dlsfinctly ~1 buildings, whelh~r existing or proposed, ~nd, indioa~ ~I s~t-baok dhnensions from prop~Ny lines. Give street and blook number or des~Np~ion aocording to d~ed, mhd show s~reet n~s and ~dioate wh~ther inte~or or comer loL {e is S.S te of individual signing contract), being duty sworn, deposes a_nd says that he is the applic3nt (Contractor agent, corporate officer, etc.} . mud is duly authorized to perform or have performed the said work and to make and file this statements contvined in this application are true to the best of his knowledge and belief; and that the the manner set forth in the application filed ~. ' ~,erewlth. this .(77. .day of.; ~:;~,,~-¢.& ......... ,19 ?Z n ,( MAP OF DESCRIBED PROPERTY AT MATTITUCK TOWN OF $OUTHOtD SUffOLK CO, N K CERTIFIED TO:' TH~' TITLE ~UAI~ANT£E CO UO~'SPtf ~ 9UIDO ~ JWQUELIN.m ~ donack associates ~and surveyors and consulting engineers :513 west main street riverhead, new ~,ork 11901 (516) :.969-1717 (212.) Oct. [ ,1983 Job Ne K)00-094"01-07 Sco~e, ~" = 40'