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HomeMy WebLinkAbout3665 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.l., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3665 Application Dated August 27, 1987 TO: Mr. Alfred Skrzypecki, President Lehesk Building Corp. Sebastian's Cove Road Mattituck, NY ]1952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on September ]0, ]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 III , Section ]00-3], Bulk Schedule [ ] Request for Application of LEHESK BUILDING CORP. for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of construction of open deck with an insufficient rearyard setback, at 360 Sebastian's Cove Road, Sebastion Cove Lot No. 5, Mattituck, NY; County Tax Map Parcel No. 1000-100-03-11.8. WHEREAS, a public hearing was held and concluded on September lO, 1987 in the Matter of the Application of LEHESK BUILDING CORP. under Appeal No. 3665; 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 findigns of fact: 1. The premises in question is located along the east side of Sebastian's Cove Road, at Mattituck, and contains a total area of 1.02 acres. 2. The subject premises is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 100, Block 3, Lot 11.8, and on the Sebastian's Cove Subdivision Map as Lot No. 5. The subject premises is improved with a single-family, two-story frame house with attached garage constructed under Building Permit #15440 October 29, 1985 and Building Permit #15440Z October 29, 1986. 3. By this application, appellant requests approval of the construction of an open-deck addition to dwelling with a setback of not less than 39 feet and as more particularly depicted on survey prepared July 2, 1987 by Young & Young. The setback of the deck at the southeast corner scales out at 55 feet from the easterly (CONTINUED ON PAGE TWO) DATED: September 10, 1987. Form ZB4 (rev. 12/81) (rear) property line. CHAIRMAN, SOUTHOLD TOWIq ZONING BOARD OF APPEALS Pale 2 - Appl. No. 3665 Matter of LEHESK BUILDING CORP. Decision Rendered September 10, 1987 4. Article Schedule requires structures. III, Section lO0-31, Column "A-40" of the Bulk a minimum setback of 50 feet for all principal 5. The percentage of relief requested is 22%, or ll feet, which is not substantial in relation to the requirements. 6. It is the opinion of this Board that: (a) appellant's request is not unreasonable; safety, town; (b) the variance will not in turn be adverse to the health, welfare, comfort, convenience, or order of the (c) the relief requested is not substantial in relation to the requirements; (d) there is no other method feasible under the circumstances other than a variance; (e) there will be no detriment to adjoining properties; (f) in view of all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3665 for open-deck construction as shown on survey updated July 2, 1987, prepared by Young & Young, for LEHESK BUILDING CORP., SUBJECT TO THE FOLLOWING CONDITIONS: 1. Deck addition shall remain unroofed and open (as exists and requested herein); 2. No additional rearyard setback reductions except by formal variance application and consideration therefore. Vote of the Board: Ayes: Messrs. Douglass and Sawicki. (Member Grigonis resolution was duly adopted. Goehringer, Doyen, was absent.) This lk ! RECEIVED AND FILED BY [ THE SOUTHOLD TOWN C~.W. RK 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 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, SEPTEMBER IO, 1987 at the following times: 7:35 p.m. Appl. No. 3651 DEAN KAMEN. Variances to the Zoning Ordinance, Articles: (a) III, Section 100-32 as to excessive height~ (b) XI, Section 100-119.2 as to lnsJfficient setback from ordinary hi~hwater mark oS Lo. ng Island Sound, of a proposed wind-tu'~bine-generating-tower to be constructed landward or near existing granite monolithic structure. Location of Property: North )um'pling Island, N¥~ County Tax Map Parcel No-~- 1000-130-01-00~. 7:40 p.m. Appl. No. 3662 - THOMAS AND FRANCES SMITH. Variances to the Zoning Ordinance, Articles: (a) III, Sec= tion 100-31, Bulk Schedule, as to an insufficient sideyard setback of garage, when attached to principal dwelling~ structure with raised open-deck construction, ~b) ~I~-Section 100-119.2 for an insuff~'cient setback from existing seawall landwaro of wetland area for proposed deck addition, (c~~- III, Section 10~-32, for appro~at of garage as an accessory structure in the sideyard area as an alternative to attaching same to dwelling structure. Location of Property: 200 Hay- waters Driv~ C~tchogue~ NY~ County Tax Map-Parcel No. -- 1000-I04-05-19. 7:45 p.m. Appl. No. 3622 - CHRISTIAN'B. SALMZNEN. V~riance to the Zoning Ordinance, 'Article XI~ Section 100-119~2 for permission to construct deck addition to dwelling an-~ accessory stairs, both with an ~nsufficient :setback from edge of Marion-' Lake, or landward edge or'freshwater wetland, wh~-chewer is closer. Location of Property: 240 Lakeview Terrace, East Marion, NY; County Tax Map Parcel No. 1000-31-9-15. 7:50 p.m. Appl. No. 3658 - PAUL AND CORRINE FERDENZI. Variance to the Zoning Ordinance, Article III, Sec'tion 100-32 for permission to loc.ate accessory building in frontyard area. Location of Property: 470 Haywaters Drive~ Cutchogue, NY; County Tax Map Parcgl No. 1000-104-5-21. Page 2 Legal Notice of Hearings Regular Meeting September lO, 1987 Southold Town Board of Appeals 7:55 p.m. Appl. No. 3665 - LEHESK BUILDING CORP. Variance~ the Zoning Ordinance, Article III, Section lO0-31, Bu~k J~ Schedules for approval of construction of open-deck with an ~ insufficient rearyard setback at 360 Sebastian's Cove Road,~ Sebastion Cove Lot No. 5, Mattituck, NY; County Tax Map Parcel No. 1000~100-03-11.8. 8:05 p.m. Appl. No. 3593 - ~UIET MAN INN (Reconvened from May 21, 1987). Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule~ for permission to construct addition in this~"B-1~ General Business Zoning District with an insufficient frontyard setback from the westerly .property line along Hobart Avenue. Location"of Property: Corner of~' Main Road a'nd Hobart Avenue, Southold, NY; County Tax Map~- Parcel no. 1000-62-3-7. 8:10 p.m. Appl. No. 3659 - QUIET MAN INN. Variance the Zoning Ordinance, ~r. ticle ×¢, Section 100~II2 /and Article III, Section lOOA3t~ for approval of ~nsufficient number of parking spaces.'of this preexisting business use. Location of Property: Corner of Main Road and Hobart Aven~e, Southold, NY; County Tax Map Parcel No. 1000-62~3-~. 8:20 p.m. Appl. No. '3628 -~GEORGE AND"JANE KAYTIS. Variances to the .Zoning Ordinance, Article I.~I~ Section 100-31, Bulk Schedule, for approval of insufficient area of two proposed parcels-, ~ot #1 of-~40-~O00 s~. ft. and Lot #2 of 1~443 acres, and insufficient fro~nt~ge of Lo{ #2 along Robinson Road, Southold, N'¥;. County Tax- Map~'Parcel No. 1000-81-03-15.4 (or 12)~ 8:35 p.m. Appl. No. '3654 -'WILLIAM MOORE~ ~ESQ. 6nd BENJAMIN HERZWEIG, ~SQ. Varian-ce t.o the ~on}ng.-Ord~.nance~ Article XI, Section 100-119.2 for .permission to establish "building envelope" wit5 setbacks of not less than 38 feet from nearest wet}ands along ex~st%ng two-foot contour and not less than 30-feet from.~the front property line Ias approved under Appl. No. 3412, June 30~ 198~.-~ Location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Estates Lot No. 42; 1000-~15-5-7. (Reconvened from 8/20Z8~). Page 3 Legal Notice of Hearings Regular Meeting September 10, 1987 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES. (Reconvened from August 20, 1987). Variance for approval of access at Orient. The Board of Apoeals will hear at said time and place all persons or representatives desiring to be heard io each of the above matters. Each hearing will not start before the time al'otted. Written comments.may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809, Dated: August 20, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. G'OEHRINGER~ CHAIRM'AN Linda Ko~alski, Board Secretary Notice to Newspapers: Pleas~ publish once~ to wit~ Sept~ 3rd, 1987 and forward cne af~id.av~t of publication to:~ Board of Appeals, Main Road~ SouthOld, NY. ll9T1. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date.. ~...~7..~. ........... 19, .~..7. ..... , . . . . . ?. ....... PLEASE TAKE NOTICE that your application dated .... ~./.~. ................. 19 ~.. for pe~it m construct .... ~ ............................. ~... at Location of Proper~ ...~ .......... ~.. ~ .................. House No, Street / County Tax Map No. 1000 Section ..... [~ .... Block ...~. ~ ....... Lot ./Z'.~ ~... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds . ~'~.~... ~ ..... ~ . ~. . .~. ...... ?/Z ..... ~ .... .?.,2. . : ~ .z. /. ......... Bu~t'mg Inspector RV 1/80 FOR~ NO. I TOWN OF SOUTHOLD BUILDING DEPARTM EF!T TOWN HALL 8OUTHOLD, N.Y~ 11971 TEL.: 765-180;3 Disapproved a/c ..................................... (BuiIding inspector) APPLICATION FOR BU!LD!NG PERMIT Received Date .... .O.q'¢,..9, ....... 19 .Bi INSTRUCTIONS a. TI'is application must be completely filled in by typewriter or iii ink and submitted to the Building InspectoI:, witti *ets of plans, accurate plot plan to scale. Fee according to schedtde. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public s/ret part m t,ns app or areas, and givhng a detailed descriptjgn of layout of property must be drawn on the diagram which is ~ ' ' cation. 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 pern ~hail be kept on the premises available for inspection throughout the worK. e. No building shall be occupied or used ia whole or in part for any purpose whatever until a Certificate of Occupan shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Depm-tment for the issuahce of a Building Pe_~wnit pumuant to Building Zone Ordinance of the Town of Southold, Suffolk County, New York~ and ot~er applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal Or demolition, as herein describe Fhe applicant agrees to comply With all applicable laws, o~d~nances, ouddmg code, housing code, and regulations, and ~dmir authorized inspectors on premises and Ln buildhng for necessary inspections. Lehesk Building Corp. (Signatnre of applicant, or name, if a corpora!ion) P.0. Box 900 Mattituck~ N.Y, 11952 S!Me whether applicant is owner, iessee~ agent, architect, engineer, gel!eral contractor, electrician, plumber or buildc Owner-Builder . .Lehesk Building Corp. N;ulIe OI owner oI prom scs ........................................................................ (as on/he tax roll orla~cs/deed) il' applicant is a corporation, signature old[dy authoriJed officer. Builder's License No .......................... Plumber's License No. ' Electrician's License No ....................... Othc. Trade s License No ................ ._...... !. Location of land on which proposed work will be done ........... ...................................... Lot ~ Sebast~_ans Cove ~.att~tucm House Nulnber Street Hamlet 100 03 008 CounW Tax Map No. ~000 Section .. Block Lot ,. ~..- 8ebaseians Cove, Sec[ion Two 780~ 05 S[mmvtsio,; ......... Filed Map No ............. Lot ............... (Name) . S.ate ex,sting Use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupar, cy b, ~at~ldeO B~ and ~ ,: .. f (Description) °, ..................... . (to be paid on filing this application) 5. If dwelling, number of dwelling~units .... ..,,,.....l . Number of dwelling units on each floor .... .X .......... If garage, nutuber of cars .,...~ .................................... . ............., _ ~ ............. 6. If business, commercial or mixed occupancy, specify natu:~e and exlep, t of each ty~e of use .......... 7-' ........ 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth .............. Height .............. ~ Number of Stories ................................ i Dimensions of same structure with alterations or additions: Front ................. Rear ................. De nt.h ...................... Height ...................... Number_o_f Stories ' ~ 60 O0 .......... ~b ......... $, Dimensions of entire new construction: Front .... f~ ...... .... Rear ............... Depth .............. Height 2 0 ....... Number of Stories ........ 166 ........... 20g ..................... 2D'O ............. 9. Size of lot: Front ...................... Rear ...................... Der~th ..................... 0. Date or Purchase ............................. Name of Former Owner ?win Fork Pence I. Zone or use district in which premises are situated ......... ~.q~¢~}~i.~ ~ ............................... Does proposed constructmn vmlale any zomng law, ormnance er regulation: ........ ~ ................... 3. Will lot be regraded ... ~.q~. ~5.t[~7 .... ~ ........ Will excess fitI be removed from premises: Yes Nc ~, .... r~ ....... ~ .... :~-Lehes]~ Building CannOn,ox 900,Mattituck~. ~ 298-5051 Name of Architect ........................... Address ................... Phon~ No N~e of Contractor .......................... Address .................. Phone No .... k' .......... 5. Is this property located withinl.00 feet of a tidal wetland? * Yes ..... No ..... · If yes, Southold To~ Trustees Permit maybe required. PLOT DIAG~M Locate clearly and distinctly ~1 bu~d~gs, whether ~xistin~ or proposed, and. indicat~ ~I set-back dimensions from rope~y lines. Give stree~ and block number or descNption according ~o deed, and show street names and indicate ,lcrior or corner lot. 'ATE OF NEW YORK,, A1 fred Skrzypecki being duly sworn, deposes ahd says that ne is &e applicant (Name of individual signing contract) ore named. Corporate Officer is the ......................................................................................... (Contractor, agent, corporate officer, etc.) said owner or owne~, and is duly autho~zed to perform or have performed the said work ~nd to ~ake and file tics plication; that all statements contained in this application are true to the best of his knowledge and belief; and that tile ~rk will be performed in the manner set forth £n the application filed therewith. ~om to before me thi~ · .......day ...... , &. ....... ~ ~bl~, $~ ~ ~Y~ (Signature of applicant ) /~-;c~ ~' TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APP,'; NO. 3~.~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y~, ,, (we) .... ~.~,~.~...~..~.,./.~.~....&~..p..-of...e...~..~.~.~....£C.~.~....&..~..~ Nome of Appellant/ Street and Number .... ,~.~.~..~..~.~....: ............................................................ ~....~ ...... HEREBY ^PP~L TO ~ Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ...... .J..~.'.."~..~..'...~....~...~... DATED ...... /..~Z.~..,..~..ll .~.....~. ................. WHEREBY THE BUILDING INSPECTOR DENIED TO .L.......~..~..~_~.~.~..,/.~.~w~....~..~p.. ........... Name of .~pplicant/or permit of ~ ...... g..~.....~~.~....,~,.....~.~ , ~o ...... ./.(~.~.....~...- ...... ~....~ ......... Street and Number Municipality State ( ) PERMIT TO USE (/PERMIT FOR OCCUPANCY ~. LOCA~,ON OF T~E PROPERTY~.~.0....~.~.~.~.-.~..~.~.~.~."-- ' --" '--'~- ~" ....................................... Street /Hamlet / Use District on Zoning Map District 1000 SectionZ~Block~Lot iJ,~'g~" - .................................................................................. t, urrem: uwner Map No, Lot No. Prior 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 Section /~ ~..~ [ TY~E OF APPEAL Appeal is made herewith for (please check appropriate box) 31 (~"~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap, ~62 Cone. Lows Art, ]6 Sec. 280A Subsection 3 (') 4. PREVIOUS APPEAL A previous appeal (has) ~een 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 ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ~ Variance to the Zoning Ordinance ( ) is requested for the reason that O ~~ ~) ~ / ~o~ ~t (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical sory HARDSHIP because 2. The hardship created is UNIQUE and is not shared by ail properties aiike in the immediate vicinity of this property and in this use district because 3. The Variance weuld observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 7~C ~c~©~..(¢~.. ¢~-.~¢--¢~ ~0~ ~cZ~'C'W?xx. Sworn to this ......... f:~.~....'.'.'~..-~?. ....................... day of ....... .~...-~ ........ Notary PuNic MARY ANN CYBULSKI HOTARY PUBLIC, State of New Yor~ Remdmg m Suffolk County No 52.5895900 HEALTH DEPARTMENT-DATA FOR APPROVAL. TO CONSTRUCT NOTE:: Il --MONUMENT A=STAKE SUBDIVISION MAP FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON NOV. 30, 1984 AS FILE N0.7807 SURVEY FOR LEHESK BUILDING CORPORATION LOT5 "SEBASTIAN'S COVE, SECTION TWO" AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW 'YORK DATE= SCALE: NO. ' )GUARANT£ED TO= JULY 2, 1987 DEC. 30 1986 NOV. 5, )986 OCT. 8', 1986 SEPT. 26,1986 I" : 50' 86 = SOUTHOLD SAVINGS BANK ALFRE YOUNG a YOUNG- ALDE~ W. YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y.S. UCENSE NO. 12845 HOWARD W. YOUNG, LAND SURVEYOR N.Y.S. LICENSE N0.45893 400 OSTRANDER AVENUE RIVERHEAD~ NEW YORK