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HomeMy WebLinkAbout3598Southold Town Board of Appeals MAIN ROAD-STATE ROAD 2=, SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3598 Application Dated January 5, ]987 TO: Mr. and Mrs. Daniel McKast3 368 Station Road Bellport, NY 11713 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 5, ]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 XI , Section ]00-]]9.2(8) [ ] Request for Application of DANIEL AND IRENE McKASTY. Variance to construct swimmingpool with fence enclosure a~a within 75 feet of existing bulkhead along tidal water, requiring a Variance to the Zoning Ordinance, Article XI, Section 100-119.2. Location of Property: 13220 Main Road, East Marion, NY; County Tax Map Parcel No. 1000-31-14-12. WHEREAS, a public hearing was held and concluded on February 1987 in the Matter of the Application of DANIEL AND IRENE McKASTY under Appeal No. 3598; and WHEREAS, at said hearing, no one appeared or spoke concerning this application; 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, appellants request a Variance from the Provisions of Article XI, Section lO0-119.2(B) to construct a 20' by 40' inground swimningpool, decks, cabana, and fence enclosure, all with a setback of approximately 30 feet from the existing wood bulkhead along the southerly section of the premises and approximately 40 feet from the existing wood bulk- head along the easterly section of the premises. 2. The premises in question is located along the south side of the Main Road, East Marion, more particularly identified on the Suffolk County Tax Maps as District lO00, Section 31, Block 14, Lot 12, and contains a total upland area of approximately 41,140 sq. ft. with frontage along both Orient Harbor and Dam Pond Inlet. (CONTINUED ON PAGE DATED: March 5, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3598 Matter of DANIEL AND IRENE McKASTY Decision Rendered March 5, 1987 3. The subject premises is located in the "A-40" Residential and Agricultural Zoning District and is improved with a single- family dwelling set back 72± feet from the front property line (along the Main Road), 41± feet from the southerly wood bulkhead, 70± feet from the west side property line, llO± feet from the east side property line, all as depicted on survey sketch submitted with the application. 4. The reasons given for this appeal are that the applicants would not be permitted to enjoy the use of a pool, and that the new construction would enhance the property. No additional testimony or reasons were furnished at the hearing. 5. It is the unanimous agreement of the board members that the area chosen for the new construction proposed herein is not the most feasible under the circumstances. There is alternative locations for this attached deck, pool and fence enclosure landward of the back (water-side) of the dwelling, particularly in light of the history of tidal action along the Orient Harbor side of the bulkhead. The variance under the circumstances are substantial in relation to the requirements and is not the minimal necessary as applied. 6. For the record it is noted that a new Building Permit #13966Z issued March 22, 1985 for a new dwelling and enlarged garage in the frontyard is pending. The last inspection noted in the record was 12/23/85 approving the insulation in the new dwelling. As of today, a Certificate of Occupancy for this construction has not been issued. In considering this appeal, the board also finds and determines: (a) the relief requested is substantial in rela- tion to the requirements, being a variance of 60%; (b) the relief requested is not the minimal necessary; (c) the difficulties claimed are not sufficient to warrant the grant- ing of the variance as applied; (d) there are other methods feasible for appellants to pursue, other than a variance; (e) the circumstances of the property are unique, particularly to low elevations above mean sea level varying between 5.0 feet to 7.1 feet, and its frontage along two sides with Orient Harbor and Dam Pond Inlet; (f) the granting of this variance is not within the spirit of the zoning ordinance and criteria set by the Courts; (g) the difficulties claimed are self- imposed, particularly due to the minimal setbacks established under the Building Permit pending at this time; (h) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice would be served by denying the variance as applied. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested under Appeal No. 3598 in the Matter of the Application of DANIEL AND IRENE McKASTY BE AND HEREBY IS DENIED in its entirety. Vote of the Board: Ayes: Messrs. Doyen and Douglass. (Member Sawicki was tion was duly adopted. lk P.~GO~I~iNGE~, ~-I~MAN -- March 18, 1987 Goehringer, Grigonis, absent.) This resolu- NOTICE OF HEARINGS ]~OTICE IS HEREBY GIVEN. pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the followin9 public hearings will be held by the SOUTHOLD ~OWN BOARD OF APPEALS at the Southold-Town Hall, Main Road. Southold, NY at a Re9u[ar IVleeting~ THURSDAY FEBRUARY 5~ [987 at the following times: 7: 35 p.m. Appeal lXK4o 360I - MARGARET AND JOSEPH~ BEST. Variance to the Zoning Ordinance, Article XI. Sectio~ 100-119.2 for permission to construct addition at the southerly side of existing dwelling with an insufficient sethack from bulkhead along tidal water area, and to Section 100-31, Bulk Schedule, for an insufficient setback from the rear property line~ at premises located along the south side of a private right-of-way (extending off the east side.of Camp l~4ineola Road) ~ Mattituck~ NY; County Tax Map Parcel No. 1000- [-23-06-17. 7:40 p.m. Appeal No. 3599 - SAMUEL S. COHEN. Variance to the Zoning Ordinance~ Article III~ Section 100-32 for permission to construct accessory garage structure, for storage and garage pur- poses, in the front and side yard areas, premises located along the south side of a private right-of-way (extending off the south side of Indian Neck Road) ~ Peconic~ NY; County Tax Map Parcel No. 1000- 98-5-18. / /~Vw 7:45 p.~m. Appeal No. 3598 - DANIEL AND IRENE McKASTY. :trhiiann:: tf:e~ °on~ ~rx~: tt i: ~ib~ ~ ~e~a~° °~~:~aa b a n a Variance fo the Zoning Ordinance, Article XI, Sect'on 100-119.2. Location of Property: 13220 IViain Road, East Marion ~ NY; County ..~ Tax Map Parcel No. I000-31-~4-12. 7:50 p.m. Appeal No. 3595 - DONALD 3. GRIlVi. Variance the Zoning Ordinance, Article IX Section 100-90, 100-93: Bulk Schedule~ for permission to construct two-story building for office use incidental to principal use of the premises with an insufficient frontyard setback in this "C-l" Heavy Industrial Zoning District. Location of Property: Lot No. 2~ lviinor Subdivision No. 450~ South Side of Oregon Road~ Cutchogue~ NY; County Tax Map Parcel No. 1000-83~ 3~ part of Lot 4.4. Containin9 4.59 acres. Page 2 - Notice of Hearin§s Southold Town Board of Appeals Regular Meeting of February 5~ 1987 7:55 p.m. Appeal No. 3462 - HERBERT R. MANDEL. Variances to the Zoning Ordinance~ Article III, Sections IO0-30A~ 100-31, Column A-80, resulting from this proposed three-lot Minor Subdivision "HighPoint ar East ~VrariOna Section Three. Inc." for: (a) lots having insufficient lot area: '(b) lots having insufficient lot depth; (c) Lot having insufficient lot width; (d) Lot 3 as proposed with structure having an insufficient frontyard setback; (e) Lots 2 and 3 as proposed each will contain structures that do not meet principal-use requi~fe~r~ent for a sinDle-family dwelling; (f) existin9 barns on Lots 2 and 3 as proposed will have insufficient setbacks from proposed frontyard property line (and boundary [ine~ dividing Lots 2 and 3 running nortb and south). Location of Property 9355 Main Road, East lViarion; County Tax Map Parcel No. 1000-031-03-11.25. Containing 2. 918 acres. 8:05 p.m. Appeal No. 3590 - THOMAS J. AND CATHERINE ZIIV~I~4ERMAN. Variance to the Zoning Ordinance, Article XI· Section 100-118E for permis- sion to construct addition to existin9 nonconforming structure which exceeds 50% of fair value of same as exists, au 265 Rochelle Place: Mattituck: NY; County Tax Ipl~tmP~a¥cel No. 1000-144~-04-09 and 08, Contairi~ g ~0 an acre. 8:10 p.m. Appeal No. 3604 - ROBERT AND EILEEN VILLANI. Variance pursuant to New York Town Law~ Section 280-a~ for approval of access over private right-of-way (presently owned by El leen Villani ~ to other premises of the applicants identified as County Tax Map Parcels No. [000-86-6-30 & 10. ~:lS!~.{n. Appeal No. 3596 - TARTAN Oil CORP. Special Exception to ~he Zoning Ordinance. Article VII. Section I00-70B[4 & 5) for permission to establish a partial self-servize gas station in conjunction with full-service gas station approved 6/29/?2 under ApF[. No. 1584. Location of Property: 32400 C.R. 48. Peconic~ NY: County Tax Map Parcel No. 1000-74-4-7.l (6&?). 8:25 p.m. Appeal No. 359? - ROBERT AND HELEN DIER. Special Exception to the Zoning Ordinance. Article [II Section 100-30B for permission to estab- lish "Accessory Apartment" [n existing garage area in accordance with the requirements of Subsection 15 thereof· Location of Property: 355 Terry Lane· Southold. NY; County Tax IV~ap Parcel No. I000-65-7-20. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 5~ [987 The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. 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: January 24, 1987. BY ORDER OF THE SOUTHOLD TOS~rN BOARD OF APPEALS GERARD P. GOEHRINGER,. CHAIRMAN Linda Kowalski, Board Secretary ' Copies to the followin9 [/27/87: Peconic Development Corp. for the Bests, [{ox 594, Mattituck~ NY 11952 Mr. William J. Jacobs, as Agent for Mr. Cohen, Depot La, Cutchogue, NY 11935 Mr. and Mrs. Daniel McKasty, 368 Station Road, Be[[port. NY 11713 Mr. DonaIdJ. Grim, 475 JernickLane. Sou[hold, NY 11971 A.A. Wic~l~ham. Esq. as Attorney for Mr. Mandel, Box 1424. Mattituck, NY l[952 Mr. and Mrs. T.J. Zimmerman, 39 Eric La. New Hyde Park, NY 11040 Mr. and Mrs. R.A. Villani. 189 Old Wes[bury Rd.. Old Wes[bury, NY 11568 W.D. Moore, Esq. as Attorney for Tartan Oil Corp., 370 Terry La., Sou[hold, NY 11971 Mr. and Mrs. R. Diet, 355 Terry Lane, Sou[hold. NY 11971 John M. 'fagner, Esq. as Attorney for ( ) , Box 279, Riverhead. NY 11901 J. Kevin McLmghlin, Esq. as Attorney for A. Blair, 828 Front St., Greenport, NY 11944 Personal Delivery to: Suffolk Times and L.I. Traveler-~Vatchman Town Clerk Bulletin Board ZBA Members ZBA Individual Files ZBA Office Bulletin Board TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL pLEAsE TAKE NOTICE that your application aatea .. ~ ...... /. ~ ...... m.~. ~ forpemlt to '-. ..... ~ ...... ~...~..., .............. co~,~ r~ ~p ~o. ~000 s~,io,. ~ ........ ,~o~k .... /..~t. :... ~, ../. ~ ....... -- Lc~ No Subdivision ................. Filed Map No ................................... is retume'd horewith and disapproved on the following grounds .....~/L~ .............. Building tnspec RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 "TEL.: 765-1803 ...... 19... Permit No ........ , .... (Building Inspector) APPLICATION FOR BUILDING PERMIT Received ........... ,19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premzses, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- 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 permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or m parr for any purpose whatever until a Certificat~of Occupanc3 shall have been granted by the Building Inspector. APPLICATION IS HEREBY 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 Regulations. for the construction of buildings, additions or alterations, or for removal or demolition, as herein 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 inspection? :'~ ......... ,-. ..... (Signature of applicant, or name, if a corpora'tion~ ..... ................ ......................... 5' ....... State whether applicant is ownez, lessee, agent, architect, engineer, genera~a}oJ~ac~r, re~c~ri~iana, pl%~ or builder. [ Name of owner of premises... ~..~....'~..~e.~~.:~~ .............. If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ........ .?~>[..~. .......... lumber s Lzcense No ...... ~)/'..~. ~ ............ Electrician's License No ...... ./D..~.?. ........... · Other Trade's License No ..... '.~/.J..4 .......... 1. Location of land on which proposed work will be done. J[\~ House Number Street Hamlet ~:" ~m7 .,c.~m~ use and occupancv~Name) .of ' Filed IVlap ~ / ~e premises and intended use and occ p y p p ction: nc of ro osed con Nature of work (check which applicable): New Building .......... Addition .......... Repair .............. Removal .............. Demolition .............. Other 4. Estimated Cost ...................................... Fee ..................... (to be paid on filing $. If dwelling, number of dwelling units .. .............. Number of dwelling units on each rio(: If garage, number of cars ...... ~..~/~ ............................................ 6. If business, commercml or m~xed occupancy, spec..ff, yinature and extant of eec., type m usu /... ·Dec 7. Dimensions of existing structures, if any: Front .4~ ..... /..~."~. (/f Rear . ff-.~£f .-~/fi .. Height ............... Number of Stories .... /.. Dimensions of same structure with alterations or additions: Front .... ~.$~.[-~ ........ Rear Depth ...................... Height ...................... Number of Sto~es 8. Dimensigns of entire new construction: Front ...... ~.~...;.. Rear .... ~ ~ ....... Dep: Height [/~ ~.. ~. ~'~.c?~c .(j Number of Stories ... ~ ..... : ·. 2 ............................ Size of lot: Front ..... (.. ~a-C~.'." ....... Rear.. ~. 3. t.~.~/. .......... V~,~h .. 10. 11. Zone or use dis[fict in which premises are situated.. ~ .~?.~ ....... ,~. .................. 12. Does proposed construction violate any zo~ng law, ordinance or regulation:. .z.'~.. ..... ~ 13. Will lot be regraded .. 3(~.~ ...................... Will excess frill be removed~E~m premis: 14. N~e of Owner of premises . .~-, ~4(2~¢.~g.. Address .'~.8. ~fiq~. ;~. Phcne Nme of ~chitect ...~.,~ ~.q ~ ............. '... Address . ~ q ~j ~.. ~ ff~... ?5one Nme of Contractor .......................... Address ............... Phone N: 15. Is this property located within 1~00 feet of a tidal wetland? ~ vas ....... ~ If yes, Southold To~ Trustees Permit may be required. PLOT DIAG~ Locate cle~ly ~d dis~cfly ~ burden, whe~er exist~g or proposed, ~d:~dicate ~1 set-[ prope~y ~nes. Give street ~d block number or description accord~g to deed, ~d ~ow street nines interior or comer lot. STATE OF NEW YORK, COUNty OF .(b~'~ :e. ?::9.~. .... tc._....--~. ....... - ~,~/¢'~ /4~ ~/~/-f~/~/2~ ./.~( being duty sworn, deposes and says th, (Name of individual signing contract) above named. He is the ..... ~./.{J¢,/./Y.' .~. ~.. ......................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work mud t~ :'1 application; that alt statements contained in this application are tree to the best of his knowledge am: work will be performed in the manner set forth in the application filed therewith. Sworn to before me this d~ay/Aof~. . . (~ · ............. ~ .... ?.~. ~.~'.. ........ , Note. Vublic, ...... Conntv fk . RECEIVED JAN 05 ~987 TOWN OF $OUTHOLD, NEW YORK T0~m C~f~p~el~ROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'~:~ DATE ......... ~.......~.~.. ...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We),,?,.,~,,/.~...~,,'..-/.~.,,~..,~,,.L~-.,....~,..,.~,,,~.of .~,~,~,.,-~,,.,~..,~.. ...... ,/~.~,;i~,...Z.~, .......................... Name of Appellant Street and Number '"~T"'""'~' '~"~Z'~"'~'"~ .................................. '~'/'~'"~"~'" ............. '~S~Z' ........ HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PER~IT NO ..................................... DATED ........ .,(~.',.,~..,,~..~.,,~.,..~. ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of · Street and Number ~unicip~li~ State ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPEE~ ....[.~.~.9,~ ........ ~,.~.~ ..........~.~, ...................................... Street Use ~istrict on Zoning ~op .... ~..~ .............. ~.~ ........ ~..~ ................................ c~,,~.~ ~,e, > ~ ~~-~ Mop No. Lot No. - 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.) 3. T~E OF APPEAL Appeal is mode herewith for ( v~' A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Lows Art, ~6 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 c special aerrnit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) ^ Variance to Section 280A Subsection 3 ~/~A Variance to the Zoning Ordinance ) ~s requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and 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 .....~~-~. ....... C¥..4..~..~...2.~,. COUNTY OF ~ ) Signature N~ory Public ? P~:OPi~RTY RECORD CARD OWNER STREET VILLAGE , FORMER ~0WNER ~O, [,ES. SEAS. VL 3, /9 LAND IMP. TOTAL , ~ 400 FARM DATE DISTRICT SUB. /o i oo ~o o O ~ aa Acre Value Per Acre Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushladd House Plot ~OVE Value Total COMM. REMARKS ACREAGE OF BUILDING h/- Ce LOT 2. oo ~ FRONTAGE ON WATER ON ROAD BULKH~D ~-- Foundation Fire Place Bath Floors IlL Breezeway Garage Parch Roof Type Rooms ]st Floor Porch Patio Rooms 2nd Floor / / / / ./ / DEPARTMENT OF HEALTH SERVICES DVAL OF CONSTRUCTION ONLY HS REF, NO,_ SURVEY FOR FRANK GILLESPIE AT EAST MARION TOWN OF '$OUTHOLD SUFFOLK COUNTY, NEW YO~K