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HomeMy WebLinkAbout3607 Southold Town Board o£Appeais MAIN ROAD- STATE ROAD 25 SOUTHOLO, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3607 Application Dated January ]3, ]987 TO: William D. Moore, Esq. as Attorney for JAMES P. O"NEILL AND PETER J. McSHERRY Main Road, Box 23 Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 3, ]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 III , Section ]00-3], 8u]k Schedule [ ] Request for Application of JAMES O'NEILL and PETER McSHERRY for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth of two proposed par- cels, each with an existing dwelling, located at the corner of the N/s Wiggins Street and the W/s Eighth Street, Greenport, NY; Map of S. Buel Corwin (1885) Lots 28 and 29; County Tax Map District 1000, Section 48, Block 1, Lot 22. WHEREAS, public hearings were held on February 18, 1988 and March 3, 1988 in the Matter of the Application of JAMES O'NEILL and PETER McSHERRY under Appl. No. 3607, 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 shown on the Suffolk County Tax Maps as District 1000, Section 48, Block 01, Lot 22 containing a total area of 12,460 sq. ft. with 100.41 ft. frontage along the north side of Wiggins Street and 125.13 ft. frontage along the west side of Eighth Street, Greenport, Town of Southold. The subject premises is also referred to as Lot #28 and #29 on the 1885 Filed Map of "S. Buel Corwin at Greenport." 2. Existing upon the premises in question are three structures as follows: (a) 1½-story frame single-family dwelling structure located at the extreme southwest corner of the premises having nonconforming setbacks; (b) 2-story frame, single-family dwelling structure located 28± feet to the south of the northerly property line also having insufficient setbacks~ (c) accessory (CONTINUED ON PAGE TWO) DATED: March 23, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3607 Matter of JAMES P. O'NEILL & ANO. Decision Rendered March 3, 1988 garage structure; all as depicted on survey prepared by Roderick VanTuyl, P.C. mapped July 30, 1984, and as indicated by Certifi- cate of Occupancy #Z7458 dated January 7, 1977 and #Z7457 dated January 7, 1977. 3. By this application, appellants request approval of the insufficient lot area and width of two parcels in this pending division of land as more particularly shown on survey amended March 3, 1988, prepared by Roderick VanTuyl, P.C. as follows: (a) proposed Lot #1 of 9,232 sq. ft. in area and 125.13 ft. frontage [width] along the west side of Eighth Street with one existing dwelling and accessory garage structures; and (b) proposed Lot #2 of 3,228 sq. ft. and 50.21 ft. frontage [width] along the north side of Wiggins Street with an existing dwelling structure. 4. For the record it is noted that the premises was acquired on August 31, 1982 by the applications by Deed at Liber 9236 cp 83. 5. In viewing the area, the Board finds a majority of parcels containing an area of at least 12,500 sq. ft. 6. Article III, Section 100-31, Bulk Schedule of the Zoning Code requires a minimum lot area of 80,000 sq. ft. and lot width of 175 feet. The percentage of relief requested by this application is substantial in relation to these requirements. 7. It is also noted for the record (a) that each parcel is and will continue to be serviced via the Village of Greenport water main; (b) that application(s) are pending with the Suffolk County Department of Health Services concerning the revised land-division and are temporarily being held in abeyance pending the action by this Board [see Health Services letter dated January 25, 1988, Bureau of Wastewater Management]; (c) there is no record of final approval by the Planning Board at this point in time as regulated by Chapter 106, Subdivi- sions of the Town Code; (d) there do not appear to have been any other splits or conveyances of this property. 8. It is the position of the Board that the variances as requested must be denied since the relief requested is not the minimal necessary. However, the Board finds that the following alternative relief is feasible, in light of all the above circumstances, and for the following reasons: (a) the area has been designated on the pending Master Plan Revisions for a minimum lot area of 40,000 sq. ft.; (b) most of the lots in the immediate area consist of parcels of at least 12,500± sq. ft.; (c) there will be no effect of increased density since there are two existing dwellings, one proposed for each parcel, Page 3 Appl. No. 3607 Matter of JAMES P. O'NEILL & ANO. Decision Rendered March 3, 1988 (d) a substantial detriment will not be produced in the character of the neighborhood or to adjoining properties; (e) the difficulty cannot be obviated by some method feasible for appellant to pursue, other than a variance. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to DENY the relief as requested in the Matter of JAMES O'NEILL and PETER McSHERRY under Appeal No. 3607; and BE IT FURTHER RESOLVED, to GRANT alternative relief in the Matter of JAMES O'NEILL and PETER McSHERRY under Appl. No. 3607, for a minimum lot area of 5,000 sq. ft. each for proposed Parcels #1 and #2, not to exceed one single-family dwelling use, and frontage each of 50.21 ft. minimum. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass, (Member Sawicki was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE SOUTti©LD TOVIN DAr Town Clerk, Town of ~ FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DI~SAPI'ROVAL File No ................................ PLEASE TAKE NOTICE that your application dated . .CD.~....J.~. ....... ,19 ,~. (a.. for permit to.o~,~aet..~M~..~ ........................... ;-. ............. at Location of Property (0~'5 t.o~.e, taoa. ~&~o ~,~ ~ ~ ~ County Tax Map No. 1000 Section . .'. ~ ~ ~ ...... Block ..... ~. ~ ...... Lot ...~.~ ....... Subdivision .................. Filed Map No ................. Lot No .................. is returRed herewith and disapproved bn the followiRg grounds .~. ~,, ~.~.~.'.~. 9, .............................................. ~ ~ Building Inspector FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · Date ........ A~g~Jm~5 .......... 19 94... To .~gP~TrT.$~¥~q~..(q~q.~q~×.~ O'Neill, owners) P.O. Box 617 Cutchogue, NY 11935 PLEASE TAKE NOTICE that your application dated . .d.u.ly..2.¢ ................... 19~.4.... approval of subdivision, proper~y is improved with ~wo dwelling structures, for to~maJaxto< .............................................................. at Location of Property .~35. Wiggit~. Sg,. O0d. WO~gO .r .ly. s. id. e.. o..f. 8.~h.. S.~ .~.r.e.e.n. Pqr.~. No- Street Hamlet County Tax Map No. 1000 Section .... .4~ ........ Block ..... .0.~ ....... Lot ..... 2.2. ....... Subdivision .ngB.e ............. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the ~llowing grounds ............................... Proposed subdivision requires 40,000 sq. ft. of land area per dwelling use; proposed three dwelling units requires 120,000 sq. ft. Note: Property Ss conditioned by Appeal No. 3607 by the Board of Appeals for a single-family use on each of the two proposed ~?s.. A~gn also required by ?~qi~ ~a~ ~ p~{ C~apter ~6. RV 1/80 ~xamincd ................ , 19... BUILDING DEPARTMENT TOWN HALL $OUTROLD, N.Y, 11971 TEL.: .765-1802 ~pproved ................. 19... Permit No ............. Disapproved a/c ..................................... NOTIFY CALL ..................... MAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ....... 4V~Z.~ .... 1993. INSTRUCTIONS a. This application must be completely filled in by typewriter or m ink and submitted to the Building Inspector, with 3 ;ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets }r areas, and giving a detailed description of layout of property must be drown on the diagram which is part of this appli- :ation. 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 ~hall be kept on the premises available for inspection throughou~ the work. e. No building shall be occupied or used in whole ar 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 Building 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. Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. Fhe applicant agrees to comply with all applicable laws. ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. PROPER-T SERVICES James S. Fitzgerald, Jr. Box 617, Cutchogue, NY 11935 Phon~: (516) 734-5'800 (Slgqature oI apphcant, or name, if a corporauon) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ....................... Agent ................................................................... Name of owner of premises .get6r..J,. 8l~$he.r.~y. a~d -~ames - P-.- .0 [ Ne.i.l.1. ............................ (as on the tax roll or latest deed) If applicant is a corpor_ation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .... N/A Plumber's License No ..... .N/.A. ................ Electrician's License No... 31~,~ ................ Other Trade's License No...N/.A. ................ I. Location of land on which proposed work will be done... ~33..WSgg.~a~ [ 5~. DA~ ..................... 220 Eighth Street Greenport House Number Street Hamlet County Tax Map No. 1000 Section 0 4 8 ' Block . . 0 ~ Lot 22 Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ....... Single, ~9.t..with. .2.d~ll~_nu,s.,.' · . 1.. 9.n.e.r .f .a.m.i.l.y r..1..t.w. 9 r.f.a.m. J, l7 .... b. Intended use and occupancy gul0d.i, uis ion .inq:w · 2' s~pa~at6 .lots,;.. 1. wi.th, ong-~£arai~.~ ........ dwelling and ~ ~ith two-family dwelling. 3. Nature of work (check which applicable): New Building ..... ' ..... Addition ......... : Alt~z; Repair ..... ......... Removal .............. Demolition .............. Other Work. (Descript~fi~ 4. Estimat/d Cost ..... ................................. Fee ,,, (to be paid on filing this application) $. If dwelling, number of dwelling units .... : x Number of dwelling units on each floor ~ If garage, number of cars .................... ~ 6. If business, commercial or mixed occupancy, specffy"nature and extent of each type of use 7. Dimensions of existing structures, if any: Front... ' .... ,. ', Rear .............. Depth Height ............... 'Number of Stories D~ensions of same structure with alterations or additions: Front ................. Rear Dep~ ...................... HeiSt ...................... Number of Stories 8. Dimensions of entire new construction: Front ............... Rear ............... Depth Hight St e ............... Number of eries 9. Size of lot: Front .................... Rear .......... Depth 10. Date of Purchase ............................. Name of Fo~er Owner 11. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 14. Nme of Owner of premises .................... Address ................... Phone No ................ Nme of Architect ........................... Address ................... Phone No Nme of Contractor .......................... Addre= ................... Phone No ............ IS.Is this propert7 located within I00 feet of a tidal vetlaudg *~g8 .... ~O.~. *Ig yes, Southold Io~n Trustees Permit may be require~. P~T DIAG~ Locate cle~ly ~d dis~ctly ~1 bufldN~, whe~er exist~g or proposed, ~d, indicate ~1 set-back d~ensions from prope~y ~nes. Give street ~d block nmber or description accord~g to deed, mud ~ow street nines and ~dicate whe~er interior or corner lot. See attached survey. Owner wishes to subdivide existing lot (12,450'.square feet) which contains 1 one-family dwelling and ~ two-family dwelling into one lot of 5,000 square feet having ~ one-family dwelling and another lot of 7,450 square feet having 1 two-family dwelling. STATE OF NEW YO~.. fL//~'" S S (I'~in;e ~'f'i~divia~l~g~im, co~t~icti ........ above named. He is the ...................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, ~d is duly authorized to perform or have perfo~ed the said work and to m~e and fxle application; that all statements cont~ned N this application are true to the best of his knowledge and belief; and that Work w~l be perfo~ed in the m~ner set forth in the application filed therewith. Sworn to before me this ............. .... ................ Notaw Public~. ~. ~(' ........ Coun't;9 q'~~~~ · ' being duly sworn, deposes and says that he is the apptic TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ,.D. ?.,.q.:...~..5.,:, .,1. 9...8. 8 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ...... z. ......................of ................................. Name of Appellent Street and Number ........... .GAr.~,¢~..~d;~z.,...~t~.~.,.~f.O.~}z.....:k~,.5.~.0 ........................................... 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) William D. Moore Name of Applicant for permit of p ] r/ ' . ' . d ...... '.q.';..~g~;. ~'3 .. M ~%l,n...RO, a d.,.., l¢a ~t ~.tucJ~ .................... .~.~.~.. ,.~.Q ;C~ .......... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...6~.-3.~5-~.W~.i...g..~..i.-n~.-s..~.S.~t...-.~.a~.-n.-d~-2-.2~-~-~..E..~.~.~.~-~-~entia~ Street Use District on Zoning Map 1000-048-01-22 ........... .S..u.~.[.,...T~2~..~a~ ....................................... Current 0wuer Peter J. McSherry and Map No. Lot No. Jam~s P. O'Neill 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 III Section 100-131 R~]]k ~nd P~r~ing insufficient total 3. TYPE OF APPEAL Appeal is made herewith for (×) 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 area 4. PREVIOUS APPEAL A previous appeal (has) ~:~) 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..-..3.60.'7 ...................Dated ......... b]g.Y.~.¢~..2..~...~.9.~..~. .................... ( ) (x) ( ) REASON FOR APPEAL A Variance tc Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reasonthat appellant wishes to setoff the property into two parcels with an existing dwelling on each lot. The proposed lots are undersized and do not satisfy the bulk and parking schedule. PrOpg~d setoff parcels will consist of one lot with a single family residence and second lot with a preexisting two-family residence. Form (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practica[difficuitiesarunneces- saryHARDSHIPbecause Appellant has no mean~ other than a variance by which to separate the two houses into two separate parcels Approval of the proposed lots~as set-of~will enable appellant to sell the residences individually to purchasers who might not otherwise be able financially to purchase the ~wo;houses upon it~ Approval of the proposed set-off would eliminate the non-conforming existence of two principal dwellings on the single lot~ 2. The hardshipcreatedis UNIQUEondisnotshared by all properties alike in the immediate vicinity of thisproperty and in this use district because this single parcel has two dwelling~ upon it while the surrounding parcels which are alse non-conforming in size have single dwellings on each lot. 3. The Variance would observe the spirit of the Ordinance ond WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the vast majority of the parcels in the surrounding area are undersized lots.~ The proposed set-off separates the two houses on'the single lot into two similarly undersized lots with a siAgle family residence on one lot and a two family residence on the second lot~ The uses of these respective structures are pre-existing uses. STATE OF NEW YORK ) /..~to ,~R.~ ) ss COUNTY OF ) t" Sworn to this ...... v..,...,.. .............................. day ,©