HomeMy WebLinkAbout3216 4300 Sound Ave. 121
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Southold Town Board £A,p peals
~ TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3254
Application ~ated June l,
TO: Mr. £ugene Da¥~s0n
P.O. Box 248-A, RD #1
4300 Sound Avenue
Mattituck, NY 11952
1984 (Amended 5/28/85)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on June ]3, ]985,
the above appeal was considered, and the action indicated Delow 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 Zoninq Ordinance
Article , Section
IX] Request for Variance to the Zoning Ordinance
Article III , Section 100-3] (]06-]3)
[ ] Request for
Application for EUGENE DAVISON, 4300 Sound Avenue, Mattituck, NY
for a Variance to the Zo:n'ing Ordinance, Article III, Section 100-31,
Bulk Schedule, for approval of tots of insLfficient~area an:d lot width
in this proposed division of land (106-13) located at the South Side of
Sound Avenue, Mattituck, NY; County Tax Map P.arcel No. 1000-121-3-5,
containing 12.6+ acres.
1985
3254,
WHEREAS, a public hearing was held and concluded on June 13,
in the Matter of the Application of'EUGENE DAVISON, Appeal No.
at which no objections were received for the record; and
W~EREAS, the board members nave considered all testimony and
documentation entered into the record in this matter; and
W~EREAS, in requesting input from the Planning Board concern-
ing the most recently revised subdivision map, it was the consensus
of t'he Planning Board not To comment pending Z.B.A. determination; and
WNEREAS, the board made the following findings of fact:
l. The property in question is located at the South Side of
Sound Avenue, Matt~tuck, NY with a total acreage of 12.6372 acres
and frontage (lot width) along Sound Avenue of 840.88 feet and is
located in an "A-80" Residential and Agricultural Zoning District;
2. By this application, appellant proposes a division of
the entire 12.6372 acres into four lots with existing structures,
as shown on the amended site plan received May 28, 1985 and
prepared by Roderick VanTuyl, P.C. October 22, 1984, and as follows:
(1) Lot #1 with an existing single-family, two-story
frame dwelling and having an area of 40,000 sq. ft., lot width
of 280 feet, and lot depth of 156 feet; (2) Lot #2 with an existing
single-family dwelling and accessory garage and having an area of
40,000 sq. ft. (inclusive of a 25' access strip from Sound Avenue);
(3) Lot ~3 of 48,000 sq. ft. with 121.20' lot width along Sound Avenue
and an existing single-family, l~-story frame house; (4) Lot
of 9.8± acres containing only an existing horse stable [which
is presently without habitable residential quarters].
Article III, Section lO0-31, Bulk Schedule of the Zoning
(CONIINUED ON PAGE TWO)
DATED: June 21, 1985,
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 Appeal No. 3254
Matter of EUGENE DAVISON
Decision Rendered June 13,
1985
Code requires a minimum of 80,000 sq. ft. in area, 175 foot lot
width, and 250' lot depth.
4. In viewing the preperty in question and the placement of
the three nonconforming dwelling structures and accessory buildings,
it is the opinion of the board that this is plan as amended is the
most feasible plan for the applicant to pursue.
5. Aoplicant has submitted a Declaration of Covenants and
Restrictions in legal, recordable form restricting Lot No. 2 to
any further subdivision ~n perpetuity, and the original of which
is subsequently herewith to be filed with the Suffolk County
Clerk's Office.
In considering this appeal, the board has found: (1) that
the circumstances of this appeal are unique and therefore in view
of the manner i'n which the difficulties arose, another method for
the applicant to pursue other than a variance is not feasible;
(2) that there will be no effect, if the variance is allowed, of
the increased population density thus produced on available
governmental facilities; (3) that there will be no substantial
change to adjoining properties; (4) that in view of the manner
in which the difficulties arose, the interests of justice will be
served by allowing the variance applied, as noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, ~t was
RESOLVED, to grant the relief requested under Appeal No.
3254 as shown on plan dated October 22, 1984 (received May 28, 1985)
for approval of: (1) Lot #l of 40,000 sq. ft. in area, 280 feet of
lot width, and.156 of tot depth; (2) Lot #2 of 40,000 sq. ft. in
area (inclusive of 25' access strip from Sound Avenue; (3) Lot #3
of 48,000 sq. ft., 121.20' tot width and 250' lot depth; (Lot #4
does not require variance relief a; this time), SUBJECT TO THE
FOLLOWING CONDITIONS:
1. If and when stable is converted to a single-family
residential use as may be permitted by the zoning and fire codes,
the structure must comply with requirements under the "A-80" section
of the zoning Bulk and Parking Schedule;
2. Planning Board approval.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
lk
GERARD P. GOEHR'INGER,//~YHAIRMAN
June 21, 1985 /x~
/
NOTICE OF HEARINGS
NOTICE ~S 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
the Southold Town Hall, Main ROad, Southold, NY at a Regula'r
Meeting on Thu~sday,i D~t~mbe~].l~ t986 at, the followi~ng times:
/~ 7:35 p.m. Appeal No. 3216 EUGENE to
DAVISON.
Vari an~ce
the Zoning Ordinance, Arti~cle III, Section lO0~30(A)[1] for
permission to establish second dwelling unit upon 9.8± acre
parcel over existi~ng horse stable. 'Location of.~Property:
South Side of Sound Aven~e, Mattituck, NY; Lot #4, Minor
Subdivision of Strawberry Fields, which received S~ch ~lan
approval July 8~ 1985 by- t~e Town Planning Board; Count~ Tax
~x~ Parcel No. t000-121~3-5 (contai.ning 1~2.6~ acres).
7:40 p.m. Appeal No. 3577 FRANK AND DELORES DAVIES.
Variance to the Zoning Ordinance, Awticle III, Section 100-32
for permission to replace accessory shed in th~north sideward
area at 2285 Pine Tree Road, Cutchogue, NY; Lot #15, Map of
Nassau Farms filed March 28, 1935; County Tax Map Parcel
No. 1000-104-3-2.
7:45 p.m. Appeal No. 3578 - ARTHUR ESSLINGER. Variance
to the Zoning Ordin-ance, Article XI, Section 100-119.2 for
permission to locate accessory storage shed ~ithin 75 feet of
existing bulkhead and wetlands area at 1515 Arshamoma~ue Avenue,
Southold, NY; Lot #21~ Map of Beixedon Estates~ County Tax
Map Parcel No. 1000-66-3-11~
7:50 p.m. Appeal 'No. 3579 - CHARLES AND SANDRA BLAKE,
Variance for Approval of Access pursuant to New ¥owk~Town
Law, Section 280-a from~the east side of South Harbor Lane
along Old Woods Path (Private Road #10), to premises known
and referred to as 695 Old Woods Path, Southold, NY; County
Tax Map Parcel No. 1000-87-1-23.7.
7:55 p.m. Appeal No. 3580 NICHOLAS BABALIS. Variance
to the Zoning Ordinance, Article III, Sec{ion 100~31 for
permission to construct new dwelling with insufficient northerly
side yard and insufficient total sideyards at 3360 Rocky Point-
Road, East Marion, NY; County Tax Map Parcel No. 1000-21-04-09.
8:00 p.m. Appeal No. 3572 MICHAEL AND 2OYCE MATTES.
Special Exception-Bed and Breakfast (recessed from-Il./20/86).
Page 2 Notice of Hearings
Southotd Town Board of Appeals
Regular Meeting December 11,
1 986
8:10 p.m. Appeal No. 3557 ROBERT G. EGAN. Variance to
amend Conditional Approval Rendered 11/3/86 under Appeal No. 3557
to allow reconstruction of dwelling with insufficient setbacks
upon foundation as exists at 5 and 12 feet, rather than 7 and 12
feet, at 330 Knoll Circle, East Marion, NY; "Ma~ of Section Two,
Gardiners Bay Estates," Subdivision Lots 27 ano pars of 28; County
Tax Map District 1000, S~ction 37, Block 5, Lot 12.
8:15 p.m. Appeal No. 3552 - JOHN SENKO. Variance for
shopping center use in this B-1 General Business Zone with
30,084 sq. ft. of lot area (recessed from 11/20/86).
The Board of Appeals will hear at said time and place all
persons or representatiyes desiring to be heard in e~ of ~he
above hearings. Written comments may also be suomitted prior
to the conclusion of the subject hearing. For more information,
please call 765-1809.
Dated: November 20, 1986. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
Copies to the foll-owi-n~F on-or ~about 12/-1/86: .......
Mr.
Mr.
Mr.
Eugene Davj_son, Box 248-A~ RD #1, Sound Ave, Mattituck, NY 11952
and Mrs. Frank Davies, ll3 Lone Oak Path, Cutchogue, NY 11935
Arthur Esslinger, Box 172~ Southeld, NY 11971
Mr. and Mrs. Charles Blake, 6~95 Old Woods Path, Southold, NY 11971
Mrs. P.C. Moore, Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971
as Agent/Attorney for Nicholas B~balis
Mr. and Mrs. Michael Mattes, 50 Luthers Road, Box 831, Mattituck, NY 11952
Mr. and Mrs. Donald Shaw, Breakwater Road, Mattituck, NY 11952
Mr. Garrets A. Strang, Architect, for R.G. Egan, Box 1412, Southold 11971
Stephen R. Angel, Esq. (for Senko), Box 279, Riverhead, NY ll901
Daniel C. Ross, Esq., Box 1424, Mattituck, NY 11952
Suffolk Times (personal delivery 12/2/86)
L.[. Traveler (personal delivery 12/2/86)
Town Clerk Bulletin Board
Z.B.A. Office Bulletin Board
Building Department
Board-Members
Individual ZBA Files
TOWN OF SOIYl~OLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N.Y.
NOTICE OF DISAPPROVAL
........ )~.~...2~..¢....z.~/... ,./.(~ ~ :~-
?LEASE TAKE NOTICE that your application dated .q.,2~...~..... ....
for pe~it to construct .... ~.. ~~ ................................... at
House No. Street Hamle~
County Tax Map No. 10~ Section . {'~[ ...... Block .....
Subdi~s~o~ ................. E]ed Mz~ ~o ................ ~ot ~o ..................
~ ....... ¢?..:.¢.fi..¢..d ~ .......................................
Building Inspector
RV 1/80
FORM
TO'*~N OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To . .~. ,.~..~...~.~....~..' a~..~...'t..~ .....
. .~ ~.~.~.~.~ ..... C. ~..~..~..~ .....
. .~ ~. ~ ~:.~ ~..t/.~ [& .....
PLEASE TAKE NOT1CE that your application dated ...~.~~. ~ ......... 19 .~.~.
~cation of Properly . ~.~..a .~.. ~.. ..... ?~ ~ ............
Hou~ No. Stree~ Hamlet
County Tax Map No. 1000 Secnon . .-..~ ~/ ...... Block .... ~ .~ ...... Lot .~.~ ........
Subdivision ................. Fged Map No ................. Lot No ..................
,s returned herewith and disapprovea~, the following grounds. ~. ~. ~.~.~: ~ ~'
....................
Building Inspector
,FEB 0 2 1984 TOWN OF $OUTHOLD, NEW YORK
g[ ;ON OF BU,LD,NG ,NSPECTOR
of
PERMIT TO USE
PERM T FOR OCCUPANCY
APPEAL I',10, <'~c~//'~
DATE ....~./.El ....~....~. .......
TO THE ZONING BOARD OF AP~ ~E~LS~ TOWN OF SOUTHOLD~v N Y~
L</'~4~ ~.~..-~...~j~.es~,~"o,J *~. ~.,~T ~o~ . ~.~.~.~.~.~'~.~ ~ ....:.::.....:...
' . ," Name,of ~ppeJlant Street a~ Number
~E ZONf~G BO~D OF APPEA~$: FROM ,THE DEC1SION-'OP THE BUILDING. I.NSPEGTO~ 'ON
-L ~HEgEBY THE BUI:LD-I~N~ 'IN~-P~TO~ DENIED. TO ~:.,
' ~ ,~ame df AppliCant for permit
Street'and NuMber ; Munidigolily =' , State
(
6"~PERMIT TO BUILD
1 LOCATION OF THE PROPERTY ............. .~.~...~..~.....~.....~..~ ............. ~.~.../..~../..~....~...~.~.....~. .....
strbet ~d~:]' ~az~_et :- ~one ....
la I - ~ ~- OWNER(S): ......... ; .............
IVieD No. LOT NO. -
u c as D.-
2 PROVIS ON IS) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section. Sub-
sectio~ ana ParagraD~ of the Zoning Ordinance by number. Do not quote the Ordinance.}
Article , Section /
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 Low Chap. 62 Cons: Laws
Art. 16 Sec. 280A Subsection 3
~' 'PP, EvIOUS'APPEAL A' prevmus appeal (t~) (has not) been made w th respect to tbs dec sion
of the Building Inspector or with respect to this property,
Such appeal was ( ) request for a. sp~cial ~e~mit ~ ,,
( ) request for a variance
end was made in Appeal No....~ ...................... Dated
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
)
~s requested for the reason that ~e would like to
F~ ~ ~o~C~
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT Ap?LICATION OF THE ORDINANCE would produce practical d~ffcu[bes or unneces-
sary HARDSHIP because
2 The hardsk p created is UNIQUE and is not snarea ay all properties alike in the ~mmediate
vicinib of this property aha in this use district because
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK )
) ss
COL NTY OF )
Signature
Sworn to this .................................... ................................ dav o' ...................... 19
Notary Public