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HomeMy WebLinkAbout3546 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, I-.I., N.Y. 11g71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3546 Application Dated Au9ust ]3, ]986 TO: Marie Ongioni, Esq. as Attorney for MR. GREGORY FOLLARI 218 Front Street Greenport, NY ]1944 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June ]8, 1987, 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 Yor~ Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ X] Request for Appeal to Re-Grade Area Within lO0 Feet of Sound Bluff, at Variance from Condition #2 of Appeal No. 3502 Rendered July 31, 1986 Application of GREGORY FOLLARI for a Variance from prior Appeal No. 3507 rendered July 31, 1986 to permit the regrading of area within 50 feet of the top of the existing bank/bluff along the Long Island Sound in accordance with N.Y.S. Department of Environmental Conservation Permit #10-86-1233 issued March 10, 1987. Location of Property: North Side of Sound Drive, Greenport, "Map of Section Four - Eastern Shores" Lot No. 117, Map No. 4586; County Tax Map Parcel No. 1000-33-1-15. WHEREAS, a public hearing was held, and concluded, on April 23, 1987 in the Matter of the Application of GREGORY FOLLARI under Appeal No. 3546; 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. By this application, appellant seeks relief from Condition No. 2 to regrade a 50' by 100' area at the top of the bluff area along the Long Island Sound as restricted by this Board's action under Appeal No. 3507 rendered July 31, 1986. : 2. The premises in question is located along the north side of Sound Drive, Greenport, is identified on the Suffolk County Tax Maps as District lO00, Section 33, Block l, Lot 15, and is more particularly referred to as Lot 117, "Map of Section Four - Eastern Shores," filed in the Suffolk County Clerk's Office as Map No. 4586. (CONTINUED ON PAGE TWO) DATED: June 18, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3546 Matter of GREGORY FOLLARI Decision Rendered June 18, 1987 3. The subject premises has previously been vacant and is presently improved with a single-family dwelling, constructed under Building Permit #15255Z issued September 10, 1986, and pending at this time. 4. The subject premises consists of a total area of 32,007 sq. ft., lot width of 100 feet, and lot depth of 322.7± feet. The shortest distance from the southerly property line along Sound Drive to the top of the bank/bluff area, as scaled on the April 1, 1981 survey prepared by Roderick Van- Tuyl, P.C. is shown to be 195± feet. 5. By prior action of this Board, appellant was granted permission to locate a new single-family dwelling with a setback at its closest point from the edge of the top of the bluff/bank at 65 feet. Article XI, Section 100-119.2, subparagraph A(1) requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff or bank. 6. Condition #2 of the Board's prior action stipulated as follows: "...2. There shall be no disturbance of land area within 50 feet of the top of bank, except for maintenance of vegetation, shrubs, etc .... " 7. In the application, it is stated that without permission to regrade this area, the property would be nearly worthless as waterfront property. No evidence has been submitted as required by the Courts to support this claim. 8. It is the position of this Board that it is the intent of Article XI, Section 100-119.2, subparagraph A(1) of the Zoning Code to prohibit any and all construction within 100 feet of the bluff; and that the relief condi- tionally granted under the prior Appeal, No. 3502, is an alternative to that initially applied for. Such condi- tions must be adhered to. Construction commenced and has and continued without consideration of possible alternatives for the dwelling construction during the process of this pending application. Removal of an eight-foot high berm in an area 50 feet deep by 100 feet is extensive, and the existence of this berm area was relief upon in granting the prior variance. 9~ It is the position of this Board not to allow alterations of this bluff area to remove an eight-foot (dirt) berm of an area 100 feet wide by 50 feet deep for waterview purposes, as applied herein. In considering this appeal, the Board also finds and determines: (a) the relief requested is not the minimal necessary; (b) the difficulties claimed are not sufficient to warrant the relief as requested; Page 3 Appeal No. 3546 Matter of GREGORY FOLL.~RI Decision Rendered June 18, 1987 (c) the information submitted is not sufficient to support a granting of this application; (d) the circumstances are unique; (e) to grant the relief as applied is not within the spirit or intent of the zoning ordinance; (f) there are alternatives available other than a variance; (g) in view of the manner in which the difficulties arose and in view of all the above factors, the interests of justice will be served by denying the application, as applied. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to DENY No. 3546 in the Matter FOLLARI, as applied. the relief requested under Appeal of the Applications of GREGORY Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. lk June 23, 1987 ! RECEIVED AND FILED BY I THE SOUTHOLD TOWN CT.~'~ 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 public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, APRIL,S, 198~, at the following times: for7:35 p.m a Varianc to permit the the existing with N.Y.S. D #10-86-1233 i Side of Sound Appeal No. 3546..- Application for GREGORY FOLLARI from prior Appeal No. 3507 rendered June 25, 1986 regrading of area within 50 feet of the top of lank/bluff along the Long Island Sound in accordance ~partment of Environmental Conservation Permit ~sued March 10, 1987. Location of Property: North )rive, Greenport, "Map of Section Four-Eastern ,Shores" Lot N~. 117, Map No. 4586; CounTy Tax Map Parcel No. 1000-33-1 15. - 7:40 p.m Appeal No. 3620 - Application of THOMAS BALL for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to locate new dwelling with an insufficient etback from the east property line along Arshamo- maque Avenue, Southold, Map of Beixedon Estates, Block 7, Lot 4, County F~le No. 1472; County Tax Map Parcel No. 1000-66-02-46 7:45 p.m Appeal No. 3621 Application of MICHAEL S. GILLILAND_ for Variances to the Zoning Ordinance: (a) Article III, Section 100-32 for pe mission to construct accessory two-car garage ~n the frontyard area; (b) Article XI, Section 100-119.2 for permission to locate new dwelling With an insufficient setback from bluff/bank along the Long Island Sound. Location of Property: North Side of Sound Drive, G-eenport, NY; County Tax Map Parcel No. 1000-33-1-8; Map of Eastern Shores, Section Four, Lot No. 109. 7:55 p.m. for a Variance bulk Schedule, for approval o with an insuff sideyards at L( of Sound Beach No. 1000-99-1-; Appeal No. 3623 Application of.PETER MARKOPOULO_~ to the Zoning Ordinance, Article III, Section lO0-31, and prior Appeal No. 3297 rendered December 13, 1984, the construction of a new single-family 'dwelling cien~ westerly sideyard and insufficient total t #16, Captain Kidd Estates, along the south side Drive, Mattituck, NY; County Tax Map Parcel 4. Page 2 Cecal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 23, 1987 8:05 p.m. Appeal No. 3582 Application of LARRY AND SANDRA STAHL for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct swimmingpool, deck and fence enclosure, within 75 feet of tidal wetlands or tidal water, which- ever is greater, at 1435 West Road, Cutchogue, NY~ County Tax Map Parcel No. 1000-110-07-26. 8:10 p.m. Appeal for a Variance to the lO0-71, Bulk Schedule, this "B-1~' General frontyard setback Avenue. Property Avenue, Southold, No. 3593 Application of THE QUIET MAN INN Zoning Ordinance, Article VII, Section for permission to construct addition in Business Zoning District with an insufficient from the westerly property line along Hobart Identification: Corner of Main Road and Ho.bart NY~ County Tax Map Parcel No. 1000-62-3-7. The Board of Appeals will hear at said time and place all persons or representatives de~iring 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: April 2, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies to ~he fol'lowing 4/10/87: Suffolk Times L.I. Traveler Town Clerk Bulletin Board Z.B.A. Office Bulletin Board Yr. Gregory Follari, 83 Fairview Avenue, Park Ridge, NJ 07656 Mr. Clarence W. Powell as Agent, Box II, Greenport, NY t1944 Mr. Thomas Ball, RR l, Woodchuck Pat~, Wading River, NY 11752 Michael S. Gilliland, Esq., 405 Lexington A~e, NY, NY 10174-0355 Harvey A. Arnoff, Esq., 16 Wes~ Main St, Riverh~ad, NY 11901 Mr. Peter Markopoulos, 222-08 C3rd Ave, Bayside, NY 11361 Mr. Arthur Siemekling, Box 108, Mattituck, NY 11952 Mr. and Mrs. Larry Stahl, 1435 West Road, Cutchggue, NY 11935 Ms. Regi Weile, Architect, 22 East 22nd St., NY, NY lOOlO Mr. and Mrs. Charles Gilbert, The Quiet Man Inn, Main Rd, Southold 11971 ZBA 3oard Members(with copies of files) ZBA Individual files TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. To ce , · ..~..o.~,, ,U... PLEASE TA for permit to Location of Prope County Tax Map b Subdivision .... is returned herewil NOTICE OF DISAPPROVAL Date .... ~ ] 7 19~..(° CE NOTICE that your application dated ....~j~.~.. ]. ?. ........ , 19 .?..~. ty:...~ .... .~.~,~~ ..... ~~~ .......... ~ouse ~vo. Street ~ ~mlet o. 1000 Section ...~.~. 2 .... Block ..... ~.J ...... Lot . .~ b~ ....... ........... Filed Map No ................. Lot No .................. ~tand disapproved on the t'ollowing grounds .~,~'.c~..~. ~.~/..,~. 7.1/~' x_ ~. .~. . ./. ~. :-. ?.': 4 . .x~. . .. ~. ...~:. .~. . .~+. .?.} . .~. . .~. . ~. . ~. .v. . .~. . . ~ ~. . ~. . .z~. . ..... ~ . . .~. . .~ .... - . ................... i Building Inspector RV 1/80 &pproved -..~~..I.o. ')isapproved a/c . .'~.% FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 la .h 19 .~.1'. Permit No. J.~.&...~.~...~. ........... ........ i ....... (Building Inspector) APPLICATION FOR BUILDING PERMIT a. Tkis application must b ~,ts of plans, accurate plot plan b. Plot plan showing locati r areas, and giving a detailed C ~[ion, c. The work covered by thi d Upon approval ofttds al mil be kept on the premises aw e. No building shall be cc( a I have been, granted by thee APPLICATION IS HEREBY uilding Zone Ordinance of the egulations, for the constructic he applicant agrees xo comply lmit anthotized inspectors on I~ INSTRUCTIONS completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 :o scale. Fee according to schedule. ~n of lot and of buildings on premises, relationship to adjoining premises or public streets ascription of layout of property must be drawn on the diagram which is part of this appli- ~ application may not be commenced before issuance of Building Permit. .p. lication, the Building Inspector will issued a Building Permit to the appUcant. Such permit ilable for inspection throughout the work. upied or used in whole or in part for any purpose whatever until a Certificate of Occupancy [tding Inspector. MADE to the Building Department for the issuance of a Building Permit pursuant to the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or a of buildings, additions or alterations, or for removal or demolition, as heroin described. with ail applicable laws, ordinances, building code, housing code, and regulations~ and to remises and in building for necessary ...... inspections.~..~.~. /.~ ........... ......... (Signature of applicant, or name, if a corporation) t/./. ....... 0Vlailing ~?ddress ofd~plicant) tare whether applicant is owm Builder amc of owner of premises . applicant is a corporation, sign (Name and title of cot ~r, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. o.~o.ry. Fol l ~ri (as on the tax roll or latest deed) ture of duly authorized officer. ~orate officer) Builder's License No...2.8. .................... Plumber's License No...T.o. b~ t i c~n s e3 Electrician's License No.. " Other Trade's License No .................... Location of land on which pro ........ .4....3...0..0. .... House Number County Tax Map No. I000 S~ Subdivision ..... E..~ .a .'[.e.r,n,. State existing uso and occupam a. Existing use and occupancy b, Intended use and occupancy ~sed work will be done..~.log..~.'1. 17. R,,s. ~ ?..r.q .~b.o.r.q.?. :-.e.q~..?b..: ........ Street Hamlet :ion .. ~.88 ............ Block ....l .............. Lot...1.5. .............. .h.o.r.?~ ................ Filed Map No. d,qS6 Lot 117 (Name) of premises and intended use and occupancy of proposed construction: BuilSir~g 1. o~ O. 2. 3 4. 1%ture-Bf work (check W Repair ............. Estimated Cost ' ....... 1[ dwelling, number of d~ If garage, number of cars If business, commercial o: Dimensions of existing stJ Height .............. Dimensions of same strut Locate clearly and distinct roperty lines. Give street and ~terior or corner lot. rich applicable): New Building . ~.X ....... Additlo.,~ ....... Alteration ......... Removal .............. Demolition .............. Other Work .............. (Description) (to be paid on filing this application) filing units..0v, e ......... Number of dwelling units on each floor .............. ccu nc s cit' nature and extent of each t ecru e re~xedo pa y, pe y yp s .................... actures, if any: Front ............... Rear .............. Depth .............. · Number of Stories ....................................................... ~re with alterations or additions: Front ................. Rear ................. Depth ..... , ...... Height ...................... Number of Stories ....... ,_.~.... ......... · , .' · , ~% ~ 5~3~ Dimensions of entire new :onstruction: Front ... 9...~ ........ Rear ..... ' .......... Depth .............. · '9' ' I T }le~§ht ,, .2: ........... Number of Stones ...... ~ ............................................... · 199' tOC~' De 322' S~ze of lot. Front . .- .................... Rear ...................... pth .................... Date of Purchase ............................. Narco of Former Owner .......................... Zone or use district in whi :h premises are situated..l~e s 5_d.en t;v v.J ...................................... Does proposed constructk violate any zoning law, ordinance or regulation' J.o:%...'v~z,+~./. 'fl.. :.)L?..~.~ . Will lot be regraded .3.'?~ ...................... Will excess fill be removed fron~r3~;reises:__. _~e~s Name of Owner of premise .c~r ee,~.r~. 79.1.1. ¢r.i.. Address ?. .%.Phone No?.U.~.. p'.t.~ .o..; .~... Name of Architect .......................... Address ........... ~ ..... Phone No ........... NameofContractor C, (,...V.oy.e..?. ........... Address .0i-een~or~; N.. ~' ..... 516 477 ........ 2 ............. rhone mo ............... PLOT DIAGRAM all buildings, whether existing or proposed, and. indicate alt set-back dimensions ock nureber or description according to deed, and show street names and indicate whethe 'ATE OF NEW YORK, )UNTY OF ............. (Name of individual ore framed. is the ................... S.S ~/ .................... being duly sworn, deposes and says that he is the applican~ gning contract) (Contractor, agent, corporate officer, etc.) luly authorized to perform or have performed the said work and to make and file this nlalned in this application are true to the best of his knowledge and belief; and that the ncr set forth in the application filed therewith. said owner or owners, and is plication; that all statements ct ;rk w/ll be performed in the rem ,om to before me this ........... ?.7. 4x z ..., .... day of... ' ~/'-'/7 ;' .......... , 19 ,t~ry Public,, ..... ~.. ~.',..~. ;..~/..~.~:: .... County .. ................ . ~ ~m~.~, t~,. ~.~1~?,0,~, ,,,~ ........ ' ' ' (S~atum of app]icant) ~m ~ ~,e~ i0, ~ 1 ~ lt~ TOWN OF SOUTHOLD, NEW' YORI~~ '~v~ ~'~OM DECISION OF BUILDING INSPECTOR APPEAL DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) G,,z.'.!!g°..T.t...~.lm~i,z,~....~ .................... i...of ...:~.~..~ki~m~m. Ma~i~ ............................... Name of. ~ppellan! ' Street and Number ;...~.~.~.~ ................ ; ................................ L...:..; ~ ........... ~...[J, ...HEREBY APPEL TO ~unicipality State THE ZONING BO, APPLICATION FO WHEREBY THE B kRDOF APPEALS FROM THE DECISION OF THE BUILDING INSPECT~OR 'ON -.A~ri! IT~ 1.9,.~6 PERMIT NO ..................................... DATE[~ ..., ................................................. JILD[NG INSPECTOR DENIED TO .Name of Applicant for permit of 8:2 t~zrvz.w Av~- F~rk Bi~e Street and Ndmber Municipelity State PERMIT TO USE ] LOCATION OF 1600 Map No. 2 PROVISION (S} section and Paragra !rticl ~ Ill 3. TYPE OF APPE C( ) A VARIANCi ( ) A VARIANC~ Art. 16 Sec. 4. PREVIOUS APP of the Building Insp, Such ~ppeal Was ( and was made n Ap ( ) (X) ( ) REASON FOR A Variance to A Variance to THE PROPERTY ..L~.~...ll.7....~z~..~.iw.e.. .............. Re.~i&em.~,ia! ........... Street Use District on Zoning Map 15 ................................................. Current Owner Lot No. G~ori Folari OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ~h of the Zoning Ordinance by number. Do not quote the Ordi.nance ) ~,L Appeal is made herewith for to the Zoning Ordinance or Zoning Mop due to lack of access (State of New York Town Law Chap. 62 Cons. Laws !80A Subsection 3 [AL A previous appeal (has) (h~:~9 been made with respect to this decision ~ctor or with respect to this property. request for a special permit request for a variance )eal No...~.5...G.~. .................... Dated ....~.~!l~..~l,...3_~.~.Ca ................................... APPEAL Section 280A Subsection 3 the Zoning Ordinance is requested for the r~ason that ~h~ a~.~eal is beinK ms~e to re gra~ie bui]di~ olot t~ eo~ferm wzth n~i~bboring gr~8~ of ~xi~timg rea~e~tia] 8w~]~:ing.. - Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary-HARDSHiP because I/~:on ~nmcha~e of let ~ 116 in 19~5. Ckris%o~her a~le %~ r~ gra~e his p~o~er%3r, h~ would he. ye lookeE ou~ cf his mo.!nd. ~hich ~as o%vioi~s his reason ~?%~rehasirg th~ t~ough¢ Cha% whom ever It ia %he o~.ers L~_%en% %ha% i~ r~ g~ing no s~eits =ilt ~e ~l~.ce~ over %he' btu~f ~r~ ~ti 6raine~ge of %he ~ro~e~%5~ ~il! be %o~%r~ the s%ree%. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because f~ ~e ~e,~.f~G ff ~?c,zld oo~o~m ~o ~he l~ess of ere o%he~ ~o~e~t&es a~& %b.e desi~%, of ¢he ~ould eon~or~ vitk the existin~ st~act~.res~ This ~rce! is 'b!~e ta~t o~en Bnit~J~g ~1o~ in ~e ime~ia%e STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn tc this .................. /..--~. ...................... day of .............. ...................... Notary Public