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HomeMy WebLinkAbout3678 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3678 Application Dated 0ct0ber 2, ]987 TO: J. Kevin Mckaughlin, Esq. as for DAVID LaFRENIERE 828 Front Street, Box 803 Greenport, NY 11944 Attorney [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November ]8, ]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 [X] Request for Variance to the Zoning Ordinance Article VII , Section 100-71, Bulk Schedule [ ] Request for Application of DAVID LaFRENIERE. Variance to the Zoning Ordinance, Article VII, Section lO0-/1, Bulk Schedule, for permission to construct addition to existing building with an insufficient setback from the side (westerly) property line. Location of Property: Corner of Main Road and the West Side of Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-l" General Business. WHEREAS, a public hearing was held and concluded on Novem- ber 10, 1987 in the Matter of the Application of DAVID LaFRENIERE under Appeal No. 3678;-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 locate~ in t'he "B-1' Gen. Business Zoning District and is a 16,046 sq. ft. parcel of land improved with: (a) an existing principal building and (b) accessory wood shed structure, as more particularly shown on Site Plan Map prepared by Samuels-Steelman, Architects July 23, 1987. 2. The subject premises is a corner lot as defined by Section t00-13 of the Zoning Code with 40.75' frontage along the west side of Peconic Lane and 184.45' frontage along the (CONTINUED ON PAGE TWO) DATED: December 3, 1987. Fo~ ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3678 Matter of DAVID LaFRENIERE- Decision Rendered November 18, 1987 north side of the Main Road (State Route 25) and identified on the Suffolk County Tax Maps as District 1000, Section 75, Block 5, Lot lO. 3. By this application, appellant requests a Variance from the Provisions of Article VII, Section 100-71, Bulk Schedule of the Zoning Ordinance for permission to construct a 629 sq. ft. addition (and of a size 16+ feet by 40 feet) which would leave a setback from the westerly (side) property line at 18'6" at its closest point. The remaining sides of the proposed addition are proposed in line with the existing building (without protrusion into the other yard areas). 4. Article VII, Section lO0-71, Bulk Schedule of the Zoning Code requires a minimum sideyard setback at 25 feet. The present setback of the existing building from this westerly (side) property line is 28± feet. The percentage of relief requested from the requirement is 26%, or 6'6". 5. It is noted for the record that on October 2, 1987, copies of this project were referred to the Southold Town Planning Board which involves site-plan review, and there appears to be no objection to the general layout. It is therefore presumed that the applicant will be able to comply with all site-plan elements of the Code with the location of the addition as proposed. 6, *It is the position of this Board that parking of vehicles to be serviced on this site must be placed behind the principal and accessory buildings in the northerly yard area in order to allow easy access and parking by customers in the other yard areas (which are to remain open with an unobstructed access along both streets). 7. In considering this appeal, the Board also finds and determines: (a) that the relief requested is not sub- stantial in relation to the requirement; (b) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (c) there will be no substantial detriment to adjoining properties; (d) the project is not unreasonable and within the spirit of the zoning code; (e) the circumstances are unique and are not personal in nature; (f) that in view of all the above factors, the interests of justice will best be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a reduction in the westerly sideyard setback from the required 25 feet to 18 feet six inches as applied in the Matter of the Application of DAVID LaFRENIERE under Appeal No. 3678, SUBJECT TO THE FOLLOWING CONDITIONS: 1, *Any and all dismantled vehicles or vehicles to be serviced shall be placed within the most northerly (rearyard) area only; 2. The addition shall not exceed the size requested; 3. The westerly (side) yard setback shall not be less than that requested at 18'6". Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, C~'AIRMAN December 3, 1987 RECEIVED AND FILED iBY 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 at the Southold Town Hall, Main Road, Southold, New York, on TUESDAY, NOVEMBER 10, 1987 at the following times: 7:30 p.m. Appl. No. 3677 ROBERT MOHR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of decks attached to dwelling with insufficient rear and front yard setbacks, and Article III, Section 100-32 for approval of accessory garage structure located partly in the sideyard area. Location of Property: West Side of Wabasso Street, Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2. 7:35 p.m. Appl. No. 3675 RICHARD MULLEN, JR. Va,riance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct showroom addition with an insufficient frontyard setback from the north property line. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY; County Tax Map Parcel No. 1000-62-3-20 and 19. 7:35 p.m. Appl. No. 3674 RICHARD MULLEN, JR. Special Exception to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition for showroom use incidental to the existing car-sales "B-l" General Business Zoning District. Corner of Main Road and the East Side of NY, 1000-62-3~!9 and 20. business use in this Location of Property: Cottage Place, Southold, 7:45 p.m. Appl. No. 3684 WILLIAM AND VERA MOLCHAN. ... Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate accessory inground swimmingpool, decks, and fence enclosure in the frontyard area (in excess of 300 feet from the front property line) at premises located along the north side of Ruth Road (north of Sunset Drive), Mattituck, NY~ County Tax.Map Parcel No. 1000-106-1-3. 7:50 p.m. Appl. No. 3514 GEORGE P. SCHADE. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the proposed insufficient lot area and width of two parcels in this pending set-off division of land located along the west side of Cedar Lane (west of Summit Road), Southold, NY; County Tax Map PB~cel No. 1000-78-7-42. Page 2 - Notice of Hearings Regular Meeting ~ November 10, Southold Town Board of Appeals 1987 7:55 p.m. Appl. No. 3673 -.NICK MIHALIOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate inground swimmingpool, decks and fence enclosure with an insufficient setback from the top of bluff along the Long Island Sound. Location of Property: north side of The Strand, Lot #124~ Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2-74. 8:00 p.m. Appl. No. 3680 LEONARDUS AND MARIE VANOUDENALLEN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition to dwelling with an insufficient setback from the closest point of arc along the front property line. Location of Property: North Side of Sailors Lane (a private road), approximately 147 feet west of Little Peconic Bay Road, Nassau Point, Cutchogue, NY~ County Tax Map Parcel No. 1000-111-14-7. 8:05 p.m. Appl. No. 3683 - GEORGE L. PENNY INC. Variance to the Zoning Ordinance, Article XI, Section 100-119.1, for permission to erect fence in the frontyard area at a height not to exceed 6½ feet. Location of Property: North Side._of Sound] Avenue (or North Road), and the South Side of C.R. 48, (Middle Road), Mattituck, NY~ County Tax Map Parcel No. 1000-141-3-38.1. 8:10 p.m. Appl. No. 3682 - GEORGE L. PENNY INC./JERRY SHULMAN. Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to use existing storage building for warehousing and storage of lumber and building materials and supplies, in conjunction with the existing lumberyard opposite Sound Avenue. Zone DistriCt: "C-Light Industrial." Locati6'n of Property: South Side of Sound Avenue (or North Road , Matti- tuck, NY; County Tax Map Parcel No. 1000-141-3-41. 8:15 p.m. Appl. No. 3678 - DAVID LaFRENIERE. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition to existing building with an insufficient setback from the side Location of Property: Peconic Lane, Peconic, Zone District: "B-I" 8:20 p.m. Variance to the (westerly) property line. Corner of Main Road and the West Side of NY$ County Tax Map 'Parcel No. 1000-75-5-10. General Business. Appl. No. 3671 ANDRE AND THOMAS CYBULSKI. Zonings-Ordinance, Article III, Section lO0-30(A) Page 3 - Notice of Hearings Regular Meeting November Southold Town Board of Appeals I 987 for permission to utilize premises for book publishing operations, wholesale book storage, and updated 280-A approval over the existing private right-of-way Residential and Agricultural. of Depot Lane, Cutchogue, NY; 1000-96-5-1.2 and part of 1.1. for such use. Zone District: "A" Location of Property: West Side County Tax Map Parcel No. 8:35 p.m. Appl. No. 3679 - ROBERT AND DOLORES SCHISSEL. Variance for permission to construct open deck addition with an insufficient setback from nearest wetlands.per Article XI, Section 100-119.2. Location of Property: 710 West Shore Drive, Reydon Shores Map, Lot 9 ano part o* 8, Southold, NY; County Tax Map Parcel No. 1000-80-1-46. 8:45 p.m. Appl. No. 3564 - JOHN DEMPSEY/ROBIN RAEBURN. Variances: (a) for final approval under New York Town Law, Section 280-A over the existing private right-of-way, and (b) for permission to locate proposed dwelling with an insufficient setback from top of bluff along the Long Island Sound, per Article XI, Section 100-119.2. Location of Propeety: Extendin9 at the north end of a private right-of-way (traveled over lands of Bokina from the north side of Bridge Lane Extension and Oregon Road in to the subject premises identified Maps as District 1000, Section 73, (prev. 3.4 and 3.5). a northerly direction) on the Suffolk County Block 2, Lot 3.6 Tax 9:00 pom. Appl. No. 3672. ANTHONY GAMBINO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of the construction of HewlaWelling with an insufficient setback from nearest tidal wetlands and/or ordinary highwater mark along Deep Hole Creek. Location of Property: East End of Lupton Point Road, Mattituck, NY; County Ta~ Map Parcel No. 1000-115-11-10. 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: October 26, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD Po GOEHRINGER, CHAIRMAN Linda Kowalsk~, Board Secretary TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ............................ :... Date: .~.~v~ ~.~M,...'~.O ..... 19 .~..~.. ..?~..~..-~..... ~ ........ ...~. ~.~¢-... ~.,..~. :. ~.~. ~.,/.~... PLEASE TAKE NOTICE that you, r application dated .~-') ~r- ~>~/.~..~.. ..... 19 for permit to construct ~ ..O~. ~ at ~'~::'" . ............ Location of PrOpert~v ...... House No. Street Ha,w/et County Tax Map No. 1000 Section . .~..~ .~.~' ....... Block .... ~. ~. ..... Lot .~..0. .......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .(~..' .q~.. ~ .~.~../..~..~?. J ~.~..~...e.~:.~.~..~.~. ~. ,~~.~ .©~ .............................. Building Inspector RV 1/80 TO~N 0~' SOUTHOLD, NLrW' YORK ~/~m~f~DECJSJON OF BUiLDiNG INSPECTOR NO. DATE ...~Z~QZ~Z ............. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], (~) .Dz~v3xi. La/~,namian~ ................................ of ...~i965..Main..Raad ........................................... Name of Appelic~nt Street and Number .............. ~'..e..c.9.~[,c. ................................................................ ~.e.,~...X.°,[~ ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... r~AT~r~ 9/30/87 (X) ( ) ( ) WHEREBY THE BUILDING iNSPECTOR DENIED TO Kevin McLaughlin a/c ........ D.~.~J..~L. X.~?~:.e m4.~ ~;.¢ ......................................... Name of Applicant for permit of~ .............. .............................. .................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY .C..q~.e.~.~.a..J;...R.~.~'.°..a..d..~.&.~.?..e..~..°.~E~.~.~.?..e.:..~.~.~S?. ...... ~2.1. ...... Street /Hamlet / Use District on Zoning Map District 1000 Section 075 Block05Lot 10 .................................................................................. Current Owner. /v~op No. 'Lot No. Prior Owner, 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 Ordi.nance.) Article VII Section 100-71 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) 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 () 4. PREVIOUS APPEAL A previous appeal ~ (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 Appea.J No ................................. Dated ...................................................................... ) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that the proposed addition violates the sideyard setback requirement in a B-1 District. (Continue on other side) REASON FOR APPEAL Co~'~i~ued 1. STRICT APPL,CAT[ON OF THE ORDINANCE wouid produce prac¢]ca~ dill]au]des or sary HARDSHIP because it would be impractical and virtually impossible to construct an addition to the existing body shop without violating a setback requirement due to the placement of the existing building on the 2. The hardship created is UNIQUE and is ~ot shared by al! properties aiike iH the immediate vicinity of this property and in this use district because the existing building is situated on the lot so as to cause any addition to violate setback require- ments, No other lots in the inmtediate vicinity have buildings located in a similar fashion° 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the variance would simply allow the applicant to construct an addition which would square off the bnilding~ the character of the district is essentially commercial in nature and the continued use of the body shop is in conformity therewith~ STATE OF NEW YORK ) ) ss COUNTY OF SUF~0LK ) ~ ~, ~evin ~_rcLaughlin, Attorn~td Agent Swor to th , ............ Notary Public