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Home My WebLink About3462 Southold Town Board o£ ppeals MAIN ROAD-STATE ROAD 25 ~.,~..'?HtgL~'~I.~,I:~.."h'i:Y. 11971 TELEPHONE (516) 76S-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3462 Application Dated February 4, ]986 TO: Abigail A. Wickham, Esq. as Attorney for MR. HERBERT R. MANDEL Main Road, Box 1424 Mattituck, NY 11952 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on March §, ]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 Varianc~ to the Zoning Ordinance Article III, Sections ]00-31 and ]00-30A [ ] Request for Application of HERBERT R. MANDEL for Variances to the Zoning Ordinance, Article III, Sections lO0-30A, 100-31, Column A-80, resulting from this proposed three-lot Minor Subdivision "High Point at East Marion 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 requirement for a single-family dwelling; (f) exist- ing barns on Lots 2 and 3 as proposed will have insufficient setbacks from proposed frontyard property line (and boundary line, dividing Lots 2 and 3, running north and south). Location of Property: 9355 Main Road, East Marion; County Tax Map Parcel No. 1000-031-03-11.25. Containing 2.918 acres. WHEREAS, a public hearing was held and concluded on February 5, 1987 in the Matter of the Application of HERBERT R. MANDEL under Appeal No. 3462; 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 a described parcel containing a total area of 2.918 acres with frontage of 218.44 feet along the north side of the Main Road (a/k/a S.R. 25) at East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 031, Block 03, Lot 11.25. 2. By this application, appellant requests area variances: (a) for proposed Lot #1 of 42,000 sq. ft. [inclusive of right-of- way along the west side]; (b) for proposed Lot #2 of 40,000 sq. DATED: March 5, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3462 Matter of HERBERT R. MANDEL Decision Rendered March 5, 1987 ft.; (c) for proposed Lot #3 of 45,000 sq. ft.; (d) Lots 1, and 3 having insufficient lot depth of 220.87, 140, and 140, respectively; (e) insufficient setback of existing building on proposed Lot 3; (f) existing barn structure on each Lot 2 and Lot 3 which have insufficient frontyard setbacks; (g) existing structures on Lots 2 and 3 which do not meet the principal-use requirement of a single-family dwelling. 3. Existing upon the premises are the following structures: (a) two-story, single-family wood framed dwelling set back 56± feet from the front property line along the Main Road; (b) 24' by 24' accessory garage building; (c) 40' by 46' accessory barn; (d) 18±' by 27±' accessory barn, all as more particularly shown on subdivision sketch plan mapped January 29, 1986 by Young & Young, L.S. It is noted that Certificate of Occupancy No. Z14702 was issued July 24, 1986 concerning this 2.918-acre parcel and buildings. 4. It is noted for the record that a photocopy of approval from the Suffolk County Department of Health Services dated December 4, 1986 and letter dated March 4, 1986 from the South- old Town Planning Board were submitted and considered. 5. The Bulk Schedule of the Zoning Code requires a minimum lot area of 80,000 sq. ft., 250 ft. lot depth, and 175 ft. lot width (frontage), and minimum frontyard setbacks at 60 feet for principal buildings. 6. The percentage of relief requested from the lot area requirements is not less than 45%. It is the opinion of the board that the relief requested is not the minimal necessary meeting only approximately 55% of the requirements, and is self-created. A plan could be submitted under the circumstances for insufficient area of two parcels, as an alternative for consideration. In considering this application, the board also finds and determines that: (a) the difficulties claimed are not sufficient to warrant a granting of the relief requested; (b) the percentage of relief requested is substantial in relation to the zoning requirements, being a variance of at least 45% for this proposal of three lots; (c) the difficulties claimed are self-created; (d) the lot area requirements have been in effect prior to the conveyance in title of this property to the applicant; (e) there is another method feasible for appellant to pursue for minimal relief; (f) in view of the manner in which the diffi- culties arose and in considering all the above factors, the interests of justice will be served by denying the variance, as applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to DENY the relief requested under Appeal No. 3462 in the Matter of the Application of HERBERT R. MANDEL in its entirety. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. lk * March ll, 1987 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 ~OW~I BOARD OF APPEALS at the Southold. Town Hall, Main Road. Southo[d, NY at a Regular Meetin9~ THURSDAY FEBRUARY 5. 1987 at the following times: ? :35 p.m. Appeal lk~.~o 360l - MARGARET AND JOSEPt~- BEST. Variance to the Zoning Ordinance, Article XI. Section 100-119.2 for permission to construct addition at the southerly side of existing dwelling with an insufficient sethack from bulkhead alon9 tidal water area. and to Section 100-3l. Bulk Schedule, for an insufficient setback from the rear property line~ au premtses located along the south side of a private right-of-way (extending off the east side of Camp I~&ineola Road), lViattituck, NY; County Tax Map Parcel No. 1000- 1.23-06-17. 7:40 p.m. Appeal No. 3599 - SAMUELS. COHEN. Variance to the Zonin9 Ordinance, Article III. Section 100-32 for permtss~on to construct accessory garage structure, for storage and garage pur- poses, in the front and side yard areas, premzses located along the south side ol a private right-of-way (extending off the south side Neck Road) ~ Peconic~ NY; County Tax Map Parcel No. 1000- of Indian 98-5-18. 7:45 Variance within 75 p.Tn. Appeal No. 3598 - DANIEL AND IRENE McKASTY. to construct swimmingpool with fence enclosure and cabana feet of existing bulkhead along tidal water, requiring a Variance fo the Zoning Ordinance~ Article XI, Sect[on [00-ll9.2. LpcatLpn of Property: 13220 Main Road, East Marion, NY~ County Tax Map Parcel No. 1000-31-L4-12. 7:50 p.m. Appeal No. 3595- DONALD J. GRIM. Variance to 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~ IViinor Subdivision No. 450~ South Side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. I000-83~ 3, part of Lot 4.4. Containing 4.59 acres. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 5, 1987 7:55 p.m. Appeal No. 3462 - HERBERT R. MANDEL. Variances to the Zonin9 Ordinance, Article Iit, Sections 100-30A, 100-31, Column A-80, resulting from this proposed three-lot Minor Subdivision "HighPoint at East 5Ta~i~)n~ Section Three. Inc." for: (a) lots having insufficient lot area; (b) lots' h~ving 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~ent lot a single-family dwelling; (f) existin9 barns on Lots 2 and 3 as proposed will have insufficient setbacks from proposed frontyard property line (and boundary line~ dividing Lots 2 and 3 runnin9 north and south). Location of Property 9355 Main Road, East Marion: County Tax Map Parcel No. 1000-031-03-ll. 25. Containing 2. 918 acres. 8:05 p.m. Appeal No. 3590 - THOMAS Y. AND CATHERINE ZliVtMERMAN. Variance to the Zoning Ordinance, ArticIe.XI. Section 100-118E for permis- sion [o construct addition ~o existing nonconforming structure which exceeds 50% of fair value of same as exists, at 265 Rochelle Place, lVlattituck~ NY; County Tax ]~I~mR~rcel No. 1000-144~04-09 and 08. Contairip~9 ~0 an acre. 8:10 p.m. Appeal No. 3604 - ROBERT AND EILEEN VtLLANI. Variance pursuant to New York Town Law, Section 280-a, for approval of access over private right-of-way (presently owned by ELleen Villani)to other premises of the applicants identified as County Tax Map Parcels No. 1000-86-6-30 & 10. ~:tS!~.~n. Appeal No. 3596 - TARTAN OIL CORP. Special Exception to the Zoning Ordinance~ Article VII, Section [00-70B(4 & 5) for permission to establish a partial self-service gas station in conjunction with full-service gas station approved 6/29/72 under Appl. No. 1584. Location of Property: 32400 C.R. 48~ Peconic, NY; County Tax Map Parcel No. I000-74-4-7.[ (6 & 7). 8:25 p.m. Appeal No. 3597 - ROBERT AND HELEN DIER. Special Exception to the Zoning Ordinance, Article III Section IO0-30B for permission to estab- lish "Accessory Apartment" in existing garage area in accordance with the requirements of Subsection 15 thereof. Location of Property: 355 Terry Lane, Southold, NY; County Tax Map Parcel No. 1000-65-7-20. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 5, 1987 The Board of Appeals will hear at said time and place all persons or representatives demring 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 informs- lion, please call 765-1809. Dated: January 24, t987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary * Copies to the following 1/27/87: Peconic Development Corp. for the Bests, 1Rex 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, Bellport. NY 11713 Mr. DonaldJ. Grim, 475 JernickLane, Southold. NY 11971 A.A. Wic~ham, Esq. as Attorney for Mr. Mandel, Box I424, Mattituck. NY 11952 Mr. and Mrs. T.J. Zimmerman 39 Eric La, New Hyde Park, NY 11040 Mr. and Mrs. R.A. Villani. 189 Old Westbury Rd., Old Westbury, NY 11568 W.D. Moore~ Esq. as Attorney for Tartan Oil Corp. ~ 370 retry La., Southold, NY 11971 Mr. and Mrs. R. Diet, 355 Terry Lane, Southold, NY 11971 John M. Wagner, Esq. as Attorney for ( ) , Box 279. Riverhead. NY ll90l J. Kevin McLaughlin, Esq. as Attorney for A. Blair, 828 Front St.. Greenport. NY [1944 Personal Delivery to: Suffolk Times and L.I. Trammeler-Watchman Town Clerk Bulletin Board ZBA Members ZBA Individual Flies ZBA Office Bulletin Board FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OffICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ... ~.~.~..~..?..t~. ~..~..~... j. ~., 19 .~ ~ for ~mit to ~.~ q~.. ~~ ......................... at ~cafion of ~operty :. ,~.~. ~.~.... ~. ~ ...... ~. ~J~(~ .' ~o~ ~o. S~t Ham/et CounW T~ ~ap ~o. ]O~ Se~on .............. ~]ock .............. ~t .............. Subdi~sion ..... ~.~.( ..... Filed Map No...~ .~ ......... ~t No..~.~. 1...~ ~ .... is returned herewith and disapproved on the fo~ow~g ~o~ds~~..~. ~ .L~. 1 -Z-~ ~o ~ox .~ ~~..~...~. ~o~m o~ ~t~ o~c'''['''' B~ldih~ Inspector RV 1/80 ~ ~ (~o~ ~- ! TOWN OF SOUTHOLD, NEW YORK' APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~-~ 9' (~ ~- ~$-~---~a . 1986 DATE ..~.~:;...~ ~... ~ ............ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ......... . .H. ~.~.?... ~.:... ~..D..E..L.. ............... of ..... A4~..~a~..,,%: ........................................... Name of Appellant Street and Number ...... ..G..r...e..e..n.~.o..r...t..~ ............................................................ ..N. ew .~Q~ ................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ................... ........... APPLICATION FOR PERMIT NO ........................ ; ............ DATED Januar 1 1 WHEREBY THE BUILDING INSPECTOR DENIED TO Wickham, Wickham & Bressler, P.C. Name of Applicant for permit of M~_..i..~..~gg.~%.ql...~...~..,.Q,...~ o;~ .. 1..4 P_/~ ~ .. M~ ~tu~,...Naw...Yom~ .................... Street and Number Municipalitx __ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO DIVIDE ~ast ~ar zon, 1. LOCATION OF THE PROPERTY l~f.a~de...Q~..Plai~..~Q~d~..~..w....~.Q~.lt....,r......~..~.~.~.%.~.~ntial Street Use District on Zoning Map 1. . .0. .0. . .0. : .0. . .3. .1. .~-. .0. .3. : 0. .1. .1. . : . .2. ? ........................................ Current Owner Herbert R. ManA~erlicultural Tax Map 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.) Art. III, Sec. 100-31 Bulk SchedUle Col. A 80 & Sec. 100-30 A-1 3, TYPE OF APPEAL Appeal is made herewith for (~ A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ams~ (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 Jn Appeal No ................................. Dated ...................................................................... (.X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequestedfortherea~nthat applicant wishes to less than 80,000 square feet, znsufficient ings not meeting principal use requirement of Disapproval dated January 16, 1986. create three lots containing depth and width and build- as set forth in Notice ~rm ~.]~t (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pr~ticaldifficultiesorunn~es- sa~.HARDSHIPb~au~ (a) Insufficient area: The lots all equal or exceed 40,000 sauare feet, in keeping with the lots in Sections One & Two of this subdivision which have already been approved and filed~ Section Three was not filed prior to the two-acre zoning only because applicant could not lay out the lots until a gift of property to the East Marion Fire District was accepted and completed. If required to comply with zoning, applicant would be entitled to only one lot, which would be a financial hardship asit would be awkwardly shaped and out of keeping with the neighborhood° (b) Insufficient depth: All.lots have at least 185 feet of depth which is more than adequate for a single family residence. (c) Insufficient width: Lot 3 is L-shaped of necessity due to the shape of the entire parcel. It has sufficient width for ~wD-thirds of the parcel. (d) Accessory buildings: In order to provide at least 40,000 square feet per lot, the lot lines have to be drawn so as to create insufficient set-back for the two barns. No plans have as yet been made for these ~ tr~i~ cbUret~t~e~ ~Q~ ~n°~s~oh~P~§rea~°pbt~c~e~k~ ~h~ °i~ sht hem~ vicinity ofthis propedy and in this u~ district because this is the third and final section of a major subdivision which was cadenced months prior to the upzoning. 3. The Variance would obsewe the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because all lots are as big or larger than the surrounding lots in the neighborhood. They conform to the proposals as to ares and width in the Master Plan. There is a bungalow colony to the East of the property and business district to the West, neither of which will be adversely affected by the proposal. STATE OF NEW YORK ) ) ss COUNTY OFsuFFOLK ) Sworn to this .......2.9. tt1 ............................. day of .......... .J.~..n.g.a..,r3' .............................. 19 86 ABIGAIL A. Notm'y PuM~, State of New York No. 52~,542S71 - Guffcl~ M. Bldg. Extension Extension Extension Breezewa Garage / Foundation ,5~z D' Basement ~.Xt. WQJJs Fire Place Patio Drivewoy I, / %; Porch Porch Bath Floors (?~erlor Finish Hea,t Attic Rooms 1st Floor Rooms 2nd Floor