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HomeMy WebLinkAbout3668Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLO, L.l., N.Y. llCJ?l TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3668 Application Dated September 3, ]987 TO: Mr. and Mrs. Gerard C. Keegan 151 Brixton Road Garden City, NY 11530 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on October 28, ]987, 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 ×I , Section ]00-119.](A) [ ] Request for Application of GERARD C. KEEGAN for a Variance to the Zoning Ordi- nance, Article XI, Section IO0-119.1(A) for approval of construction of fence in the easterly frontyard area at a height of six feet. Location of Property: West Side of Founders Path and East Side of Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-64-4-10, Founders Estates Lot 39. WHEREAS, a public hearing was held and concluded on October 8, 1987 in the Matter of the Application of GERARD C. KEEGAN under Appl. No. 3668; and WHEREAS, at said hearin9 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. This is an application requesting a Variance from the Provisions of Article XI, Section 100-119.1 of the Zoning Code for approval of the construction of a 46-ft. long fence set back approximately 3½ feet (at the westerly corner) and six feet (at the easterly corner of the fence) and at a height of six feet. The sketch submitted with the application shows the fence totally in the frontyard area, however, the sketch appears incorrect since the fence at the westerly end of the fence is located partly in the sideyard area (near the deck). The portion of the fence which is within this Board's jurisdiction is that portion within the frontyard area which exceeds four feet in height. 2. The premises in question fronts along two streets, namely: Hobart Road and Founders Path in the Hamlet of Southold, Town of Southold, and is more particularly known and identified as Lot #39, Map of Founders Path and Suffolk County Tax Map District 1000, (CONTINUED ON PAGE TWO) DATED: November 18, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3668 Matter of GERARD C. KEEGAN Decision Rendered October 28, 1 987 Section 64, Block 4, Lot 10. 3. The subject premises contains a total area of .32+ of an acre and is improved with one single-family, one-story dwelling structure as shown on copy of survey prepared by Sealand Surveying & Engineering, P.C. July 18, 1986. 4. Article XI, Section lO0-119.1 permits fences, walls, hedges, or other live plantings within five feet of the property lines and: ...A. When located yard property line in height... in the frontyard along the front ...not (to) exceed ...four feet 5. By application for a Building Permit filed July 23, 1987, the applicant requested permission to place the subject fence (46' in length at a height of six feet) to be placed approximately two feet from the northerly property line. The Building Inspector granted a Permit under this application July 27, 1987 under Permit No. 16277Z with the understanding that the subject yard area was not a frontyard area. Subse- quently, the fence was constructed and on August 25, 1987, a Notice of Disapproval was issued by the Building Inspector requiring this variance application due to the fact that the subject premises has two front yards and unknown to the Building Inspector at the time of issuance of the permit. 6. It is the opinion of this Board that the regulations of the Town concerning limitations on fence heights along the frontyard areas cannot be varied for the reasons stated in the application. The percentage of relief requested is substantial, being a variance of 35± percent of the height requirement. There are no other fences in this yard area, and the allowance of the fence at the excessive height would not be within the character of the area and will be a substantial change, creating other precedents to follow. 7. There are other methods feasible for appellant to pursue either by replacing the fence with a four-ft, high fence in those areas protruding into the frontyard area and/or relocating the subject fence along the sideyard areas [lO0-119.1(B)]. 8. In view of all the above factors, the interests justice will be served by permitting a fence, as noted below. of Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the following relief in the Matter of the Application of GERARD C. KEEGAN under Appl. No. 3668 and with the following CONDITIONS: 1. That the fence height not exceed four feet in height in the frontyard area (that area starting from the outer edge of existing deck); Page 3 - Appl. No. 3668 Matter of GERARD C. KEEGAN Decision Rendered October 28, 1987 2. That the fence height shall along the sideyard area as permitted (lO0-119.1B). be permitted at 6½ feet by the Code regulations 3. That the Building Permit application and permit records be amended to reflect compliance with this decision. Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~AIRMAN RECEIVED AND FILED BY THE SOUTHOLD TO¥ffN cLERK Town Clerk, Town of $outhold 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 TOWN BOARD OF APPEALS at a Regular Meeting a~ the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, OCTOBER 8~ 1987 at the following ~mes: 7:35 p.m. Appl. No. 3651 DEAN KAMEN. (Recessed from 9/10/~87). 7:40 p.m. Appl. ~o. 3592 BENTE SNELLENBURG. (Recessed from 8/20/87) 7:45 ~.m. Appl. No. 3668 - GERARD C. KEEGAN. Variance ~ ~ to the Zoning ~Ordinance, Article ×I~ Section lO0-119.1'~(C)for ) ) appr6val of cohstructioa of fence in the easterly frontyard ~' area at a height of six feet. Location of Property: ~6~t~Side ~ '.~f Founders Path and East Side of Hobart Road, Southold, NY; ~ _ounty Tax Map Parcel No. 1000-64-4-10; Founders Estates Lot 3~ 7!50 p.m. Appl. No. 3657 CLYDE FRITZ. Variance to the Zoning Ordinance~ Article III~ Section lO0~31 for approval of insufficient lot area, width and depth of two proposed parcels fronting along the westerly side of Cedar Lane, Southold~ NY; County Tax Map Parcel No. 1000-78-7-45.1, containing a total area of .694 olf an acre. 7:55 p.m. Appl. No. 3663 MARIO CASTELLI. Variance to the Zoning Ordinance, Article III, Section 100-30 for approval of sign as exists of excessive size in this "A-40" Residential and Agricultural Zoning District and advertising ~'Landscaping & Sprinklers by Forever Green~" Location of Property: South Side of North Road (C.R~ 48), Peconic, ~¥; County Tax Map Parcel No. 1000-69-4-1.3 8:10 p.m. Appl. No. 3653 NORTH ROAD ASSOCIATES. (Recessed from 9/10~/87). -' 8:15 p.m. ADpl. No. 3593 and No. 3659 QUIET MAN INN. (Both hearings recess6d-fro~ 9/10/87) 8:25 p.m. Appl. No. 366~ - ANA G. ST~L[O. Variance to rescind prior deci~iom rendered under Appeal No. 3562 on December ll, 1986 for a conditional approval under New York Town Laws Section 280-a~ and deleting Condition No. 2 of prior decision rendere~ under Appeal No. 36}9 on April 2~ 1987, and as an alternative being subjec~ to Ne~ York Town Law, Section 280-a over the existing Page 2- Notice of ~earings Southold Town Board of Appeals October 8, 1987 Regular Meeting right-of-way approximately lO0 ft. to the east of the subject right-of-way (approved or to be approved and accepted by the Planning Boar¢ for this set-off division of land), located along the north side of Main Road, Orient, NY~ County Tax Map District lO00~ Section 14, Block 2, Lot 26 and Lot 12.2. 8:35 p.m. Appl. No. 3670 ROBERT H. FREY. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission To locate open deck construction with an ~nsuffici~nt setback from e~isting bulkhead at Harbor~Lights Estates, Section I, Lot 10, Southold, NY; County Tax Map Parcel No. 1000-79-04-08. 8:45 p.m. Appl. No. 3669 - MICHAEL AND EliZABETH LADEM2NN. Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.2 for permission to locate new dwelling with insufficient setbacks from %he northerly front property line along a private a ri§hr~of-way and from the nearest wetland grasses, premises known and referred to as Lot No. 1, Map of Blum and Littell~ located along the East Side of Stillwater Avenue, C~tchogue~ NY~ County Tax Map Parcel No. 1000-103-1-19.6. The Boar~ of Appeals will hear at said time and ~lace all persons or representatives desiring to be heard in each of the above matters. Each hearin~ will no~ start before the time allotted. Written commen~s may be submitted ~rior to the conclusion of the subject hearin§. For more informa- tion, please ~all 765-1809. )ated: September 28, 1987. BY ORDER OF THE SOUTNOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Notice to New6papers: Please publish once~ to wit: October 1987, and forward six affidavits of publication on or before October 6th to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. FORM NO. 3 ~- ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAI~E NOTICE that your application dated . for permit to consffact. ~-..~.~qb. ~ .5~¢~.e.~..-4~..~...~.. ~.a~. ~...~kC.J~ .... at Location of Property ~o~u .se~ ~. . . ~'~. . . . '(~" '~'[fieb ~ '~"~ ~ County Tax Map No. lO00 Section ....~>.¢.~. ..... Block .... C~..~ ...... Lot . ]/} .......... Subdivision ................. Filed Map No ................ Lot No .................. is returned kerewith and disapproved on the following grounds ~T~.~R~. ~..~. ~... ' - (,.~.,l ~ ........... .............. Building Inspector /80 'FORM NO. 1 TOWN OF SOUTHOLD CItE SK BUILDING DEPARTMENT SEPT[C TOWN HALL NOTIFY $OUTHOLD, N.Y. 11971 TEL.: 765-1802 CALL ..~ MAIL · .a,.3., 19x. 3 ApprovedExamined...~ ~V~..~.._/]., 1,8..7. permit No. ~ G .~7.~...~' Disapproved a/c .................................. ..~ / / (Building Inspector) B/~hRD OF HEALTH ...... 3~dETS OF PLANS ....... SURVEY .......... FORM ............. APPLICATION FOR BUILDING PERMIT Date ................... 19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and' submitted to the Building Inspector, with 3 sets of plans, accurate plot plat~ to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship ro adjoining premises or public streets or areas, and g~ving a detailed description of layout of property must be drown on the diagram which is parr of this appli- cation. c. The work covered by tiffs application may not be commenced before issuance of Building Permit. d. Upon approvm of tiffs applicatmn, the Building Inspector wilt ~ssued a Bmldlng Permit to the apphcant. Such permit shall be kept on the premises a[ailable for inspection throughout the work. e. No building shall be occupied or use~i in whole or in p~rt for any purpose whatever until a Certificate of Occupanc) shall have been granted by the [Building Inspector. APPLICATION IS HERE~Y 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 o~ Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as hereSn described The applicant agrees to comply with all applicable laws ordinances building code. housing code. and regulations, and tc admit authorized inspectors on]premises and in building for necessary inspections. (Signature of applicant, or name. if a corporation) (Mailing address of'app!icant) (Name and title of corporate officer) ALL CONTRACTORVS ~IJ~ST...~E_.. ~FFOLK COUNTY LICENSED Builder's License No ....... ,~..~. ~ ............ Plumber's License No ........................ Electrician's License No ...................... Other Trade's License No ...................... State whether applicant is owner, lessee, agent, architect, engineer, general contractor- electrician, plumber or builder. ................... ................ ......................................... (as on the tax roll or lat? If applicant is a coworation, signature of duly authorized officer. Location of land on which proposed work will be done. ..................... , . .. House Number ~ Street Hamlet' , .............. County Tax Map No. 1000~ection ..... ~.f. ........ Block Lot.. . Subdivision ..................................... Filed Map No ............... Lot ............... [ (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: Existing use and oc~upancg .............. . .~. ~ ................................... Intended use and occupancy ........................................................... 3. ature of work (check wl~ich ap ble): New Building .....' ..... Add .......... Alteratio~ ~... ~.~, ...... Repair .............. Removg'i .............. Demolition .............. Other Work...;~.'~q~ .... 4. Estimated Cost .............................. Fee ...................................... ' (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial o~ mixed occupancy, specify nature and extent of each type of use ..................... 7 Dimensions of existingstructures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ....... '...' .............. ~ ............................... Dimensions'of same stmclure with alterations or additions: Front ................. Rear .................. Depth . .~.~ .~ '~t~ ......... Height ...................... Number of Stories ..................... 8. Dimensions c~f entire new construction: Front ...... · ..... Rear ............... Depth ............... Heigtzt ............... Number of Stories .......................... .. ............................. 9. Size of lot: Front ..................... ; Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Former Owner ............................. ! i. Zone or use district in which premises are situated ..................................................... !2. Does proposed construction violate any zoning law, ordinance or regulation: ................................ ~3. Wil!lotberegraded ',"';."'-'--"~u'~t~ ................ Willex.cessfillberem°vedfr°m.p!em-isp, s~'$o Yes -,No 14. Name of Owner of pr~s t'?.~.'/. .~.~.~.~vY.~t~..~t.~. ] Address/~./..~./¢JX.r.o.~..R..~...~.~.~.g~otn~ f~ f~ ¥ ~_.~ .o.~ zj.l... Name of Architect ..................... Address' Pi~one No [5. Is this property located within 300 feet of a tidal wetland? *Yes ..... No X... ~If yes~ Southold Town Trustees Permit maybe required. PLOT DIAGRAM Locate clearly and distinctly ali buildings, whether existing or proposed, an& indicate all set-back dimensions from ?'opert~ lines. Give street and block number or description according to deed, and show street names and indicate whether nrerior or coruer tot. CTATE OF NEW YORK, ~O UNrI'Y OF ................. S.S (Name of ~ndlwdual mgmng contract) oove named. being duly sworn, deposes and says that he is the applicant is the ......................................................................................... (Contractor, agent, corporate officer, etc.) said owner or owners, and] is duly authorized to perform or have performed the said work and ro make and file this :pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ~ork will be performed in the manner set forth in the application filed therewith. ~woru to befo[e me this ~ ~ ...day of ..... ~ .......... , 19..~',~ ~'o. 4707878 Suffolk C~"'¢v ~'q ~/ g PP - T~ E~p re~ I~ch 3~ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF ~ INSPECTOR TO THE ZONING BOARD~k~[~I~N OF SOUTHOLD, N. Y. APPEAL NO.'- Gerard C~-~ Mary~ 'Jane ~Keegar~ 2345 ~obar~ Road · 1, (We) . ...... ~ ....................... ~ ................................~ ................. ; ................................... Name af~ Appellant Street and_Number South~ld NY ER.~ ................................................................................................ %.,; ................... I'1 C.l~Y APPEAL TO Municipoli. ty ~ State THE ZONfNG BOARD OF APPEALS FROM THE DECISION. DF THE ~UILDJI~IG INSPECTOR ON 162782 July 27, 1987 APPLICATION FOR P~RMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Twin Fork Fence Co.-Pamela Setlars Nome of Applicant for permit of North Road (R~. 48~ ~attit~ck, N~ ( ) ( ) ( ) 11952 Street end Number Municipality Store PERMIT TO USE PERMIT FOR OCCUPANCY 2345 Kobart Road, Sou%hold, NY 1. LOCATION OF THE PROPERTY .................................................................................................... Street /Hamlet / Use District on Zoning M~p District 1000 S~cti0n3~64B10ck04L0t10 ~ . Gerard & Mary Jane Keegan ........ . .......... uurren~ Owner Map No Lot No. Prior Owner Thomas & Jane Burns 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 XZ Section 119,1C Fe~ces', Walls & F~.edges 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) . A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. ~2 Cons..k~ws Art 16 Sec 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (L~ (has not] been made with .respect to this decision of the Building Inspector or _with~ r~espec, t_ t_o this_ p_roperty. Such appeal was ¢/ ) request for a special permit ( ) request for a variance eno was made in Appee No ............................... Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- · i ' i~~ ~ pD · sary HARDSHIP because t would not perm~¢h~ ~struct~on of a decorative and privacy fence on my property. ~a~e~t6~b~fConstrucned is an attractive lattice fence that will separate my proper~y from the garage and driveway of Lot 9 (see photographs attached). The fence would afford both properties privacy. Since the fence is only 46 feet in length, it is not viewed as an obstruction, hut rather a most welcome decorative addition. 2. The hordshipcreatedis UNIQUEand isnot shared oy all properties alike in the immediate vicinity of this property and in this use district because our property actually ha~ two front yards. The fro~t of ~ur ~cgne faces Hobart Road and the rear of the property runs to Founders Path. Our problem is unique because the driveway to Lot 9 runs directly next to our open back yard creating an unsightly condition. 3 The Variance would ooserve the spirit of the O~inance and WOULD NOT CHANGE THE .C--tARACTER OF THE DISTRICT because the fence itself is decorative in nature because of its lattice design. Our neighbors have commented very favorably on the appearance of the fenee. If approved, we plan to plant a flower garden directly in front of the fence wh.tch will further add to its aesthetic beauty. STATE OF NEW YORK ) ) ss / ' COUNTY OF ) Sworn to this % %~ day of ~<~ 197~