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HomeMy WebLinkAbout3594 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3594 Application Dated December 8, ]986 TO: Mr. Robert H. Koch (Builder for MRS. ANNE 445 Woodcliff Drive Mattituck, NY 11952 C. MASON) [Appellant (s) ] Mrs. Anne C. Mason P.O. Box 1231, Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on February 5, 1987 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 X! , Section ]00-]]9.2(B) Request for Application of ANNE C. MASON for a Variance to the Zoning Ordinance, Article XI, Section T0~-~119.2 for permission to construct deck addition to existing dwelling with an insufficient setback from tidal wetland area at premises known as 1250 Lupron Point, Mattituck, NY; District 1000, Section 115, Block 11, Lot 12. WHEREAS, a public hearing was held and concluded on January 8, 1987 in the Matter of the Application of ANNE C. MASON under Appeal No. 3594; 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. By this application, appellant requests a Variance from the Provisions of Article XI, Section 100-119.2 for permission to con- struct a 16' by 33' deck addition along the rear of the existing dwelling as sketched on copy of survey submitted u6der this appli- cation. 2. The premises in question is a described parcel containing a total area of one-half acre with lot width (frontage) of 100 feet alo~g~th6'so~t~'side of'pr~v~fe'~i~ht-of-Way '~which extends off the east side of Marratooka Road), and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section ll5, Block 11, Lot 12. 3. The subject premises is improved with the following structures: (a) one single-family l'½-story frame dwelling set back 96± feet from the front property line and 67± feet to the ~x~tin~ bulkh6ad; (b) accessory 18' by 24' garage located in the frontyard area. (CONTINUED ON PAGE TWO) DATED: February 5, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TO,TN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3594 Matter of ANNE C. MASON Decision Rendered February 5, 1987 4. Article XI, Section 100-119.2, subparagraph (B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five feet from the landward edge of the tidal wetland, whichever is the greater distance. 5. The addition as proposed would leave an insufficient setback of not less than 50 feet from the existing bulkhead and 67± f~et from the ordinary highwater mark along Deep Hole Creek. The percentage of relief requestedis 33% of the require- ments. It has been found, however, that the area of the proposed construction is landward of an existing cement-structural wall. Each of the neighboring properties have attached decks with set- backs of 55 to 60 feet from the highwater mark. 6. It is further noted for the record that a conditional waiver was granted by the Southold Town Trustees September 25, 1986. In considering this appeal, the board also finds and determines: (a) that the project as proposed is not out of character with the immediate neighborhood along this area; (b) the relief requested is not substantial in relation to existing construction; (c) the circumstances of the land are unique; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) there is no other method feasible for appellant to pursue other than a variance; (f) there will be no sub- stantial detriment to adjoining properties; (g) in view of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to GRANT a Variance from the Provisions of Article XI, Section lO0-119.2(B) of the Zoning Code as applied in the Matter of Appeal No. 3594 for ANNE C. MASON, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck addition not exceed 16' by 33' as requested; 2. The deck addition not be roofed; 3. Proper building permit and start of construction within two years hereof. In the event a building permit has not been issued and construction commenced within two years, this variance will automatically become null and void. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. 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 Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting on THURSDAY, JANUARY 8, 198~ at the following times: 7:35 p.m. Appeal No. 3587 - ROBERT AND EILEEN M. JOHNSON. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition to existing dwelling with an insufficient setback from tidal water area at premises known as 430 Corey Creek Road, Southold~ NY; District 1000, Section 87, Block 5, Lot 3. //~.. 7:40 p.m. Appeal No. 3594 - ANNE C. MASON. Variance to ~ the zOning Ordinance, Article XI, Section 100-119.2 for permission j~ to construct deck addition to existing dwelling with an insuffi-~-~ ~ cient setback from tidal wetland area at premises known as 1250 ~ { Lupton Point, Mattituck, NY; District 1000, Section 115~ Block / ~:1, Lot 12. ~ 7:45 p.m. Appeal No 3585SE - ALVIN AND PATRICIA COMBS. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish "Bed and Breakfast Use, an Owner-Occupied Building, other than a hotel,where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms." Location of Property: 2500 Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-74-03-24.2. 7:50 p.m. Appeal No. 3588SE ~ MARY J. MOONEY-GETOFF. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish "Bed and Breakfast Use, an Owner-Occupied Building, other than ~ hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms." Location of Property: 1475 Waterview Drive, Southold, NY; County Tax Map Parcel No. 1000-78-007-20. 7:55 p.m. Appeal No. 3591 PAUL STOUTENBURGH, JR. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory windmill tower in excess of maximum-permitted 18 feet height requirement, at 40t5 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-98-1-6. Page 2 Notice of Hearings Regular Meeting of January 8, 1987 Southold Town Board of Appeals 8:00 p.m. Appeal No. 3583 - FREDERICK AND HELEN HRIBOK. Variances to the Zoning Ordinance, Articles: (1) III, Section lO0-31 for insufficient southerly side yard and total side yards, and (2) XI, Section from existing bulkhead along proposal to construct garage at 90 Carole Roads Southold~ No. 1000-52-2-4. 100-119.2 for insufficient setback Arshamomaque Pond, for this addition to existing dwelling, NY; County Tax Map Parcel 8:05 p.m. Appeal No. 3461 HELMUT HASS. Variances to the Zoning Ordinance, Article VII, Sections: (1) t00-71, Bulk Schedule, for insufficient lot area and lot width; (2) lO0-70(A) establishing existing residential use as principal use of proposed southerly parcel; (3) lO0-70(A) and 100-71 for approval of insufficient livable-floor area in the existing dwelling use of prooosed northerly parcel. Zoning District: "B-I" General Business. Location of ProperTy: 35350 County Road 48, Peconic, NY; County Tax Map Parcel No. 1000-69-04-2.1. 8:10 o.m. Appeal No. 3552 - JOHN SENKO. (Hearing recessed from December 11, 1986). Variance for shopping- center use in this "B-l" General Business Zone with 30~08~ sq. ft. lot area. 8:30 p.m. Appeal No. 3572SE ~ICHAEL (Hearing recessed from December ll, 1986). for Bed and Breakfast in existing building. AND JOYCE ~ATTES. Special Exception 8:45 p.m. Appeal No. 3584SE DONALD AND JOANNE RITTER. Special Exception to the Zoning Ordinance, Article III, Section IO0-30(B) (100-31) for permission to convert existing one-family dwelling to a two-family dwelling. Location of Property: 2585 Peconic Lane, Peconic, NY; County.Tax Map Parcel No. 1000-74-03-20o 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. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: December ll, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FORM TOWN OF 5OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OI~TICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ../. ,~.~_,.~,. ~..~.~. P~ASE TAKE NOTICE tha~ your ap~iifat,on d~d .~~9~. ..... . 19.~.~ .. ~o~ ~,~, to ~on~t=.. ~. ~~.~/~. ~~~~~ co~ty v~ ~ so. ~0~0 s,~t~ . .t.d.~ ...... ~o~k .... /.t ....... ~t .~/.. ~... Subdivision ................. Filed Map No ................. Lot No .......... ~ ....... is returned .herewith and disapproved 6n the following grounds ~r~.'...~.. Z .~.-. ~, · · . .......................................................... ............................... Building Inspector RVI~O FORI~I NO, 1 TOWN OF SOUTHOLD ~U~LDU~G DEPARTMENT · TOWN HALL SOUTHOLD, N,Y. 1 I971 TEL: Received ........... ~9, · Date .................. , 19. INSTRUCTIONS a. 73is application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, witl' sets of plans, acc:~ate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stre; or areas, and giving a detaded description of layout of proper~y must be drown on the diagram which is par~ of th~s ~.Pl cation. c. The work covered by t~s application may not be commenced beton issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such parr shad be kept on the premises ayah/able ~or inspection throughout the work. e. No buf~dkng mhad be occupied er used in whole or in pm~ for any purpose whatever tmfil ~ Certificate of Occupan shall have been granted by the Build~g ~spector. APPLICA'TION IS HEREBY M~E to the Building Department for the issumnce of a Bu~tding Permit pursuant to Budding Zone OrdL~ance of the Town of $ou~bold, Suffolk County, NeW York, and other appl~cab!e L~w% Ordh~mces Reguhtinn% for the construction of buildings, additions or alterations, or for removal or demolition, as hereL~ descfib~ The ~pp[[cant agrees to comply ?At~ all applicable laws, ordinances, bufld~g code, hous~g code, a~ ragu!at[on% and ~dm~t authomzed~ lnspectom om prem~a ~d m bufidmg Cot nece~sarf mspecfions.~~.....~ (Signature Of applicant, or name, if a corporation) . ..... .................. ~~ess of applicantJ State whether applicant is owner, lsssee, agent, ~chi~ci, enginee~~~ e~ectfician, plumber or (as on fl~e tax roll or latest deed) If appilcan~ is a corporation, sig~mture of duly authorized offic~r. (Nanre and title of co¢orate officer) Builder's License No. Plumber's License No ......................... Electrician'~ License No ...................... Oh%er Trade's ~cense No ..................... ~. Locat_~on oftand on which proposed work w~Jl be done ............................................... House Numar Street Hamlet //~ // /~ County Tax Map No. lO~ Section ...... f~ .......... B~ock .................. Lo~ SubdM*~on ......... ' ....... 2 ................... Filed Map No ............... Lot (Name) 2. St~te ex~s~ng u~ and cccupancy ~f prem~ses ~nd in~end~d use and ~ccupancy ~f pr~p~se~ c~ns~racti~n: b. !ntend~d u~ an~ occupa~: R M D~mo~Qo~ number of dwe~8 units ............... Number of co~merci~ or raked occupancy, spec~y na~use and ~x~en~ of e~ch ~yp~ of use structures if any: Front Rear Depth . Number of Stories additions: Front Rear Dep~ HeiSt Number of Stories 8. Dk;~ansions ofentke new construction: Front ............... Re~ ............... Dep~ HeiSt Number of Stories 9. Size of lot: Front ...................... Rear ...................... Depth ..................... 10 Date of Put, hate Name of Fomer Owner 11. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction yin,ate any zomng law, ordinance or foliation: ............................... ~3. W~ lo. be regraded Will excess fill be removes from premi,es: 14. Name of Owner of premises .................... Address ................... Phone No ............... N~e of ~chitect ........................... Addres~ ................... Phone No ............... N~e of Co~tractor .~A.. ~.g. 7.. ~.q ~ . Address . ... Phone No. 15. Zs th~s property 1ceaSed within L00 feet of a tidal wetland7 * Yes .~. ~' 1~ yes, Southold Tom Trusnees Permit may be required. PI~T DIAG~M wh~tne~ existing or proposed, and, indicate all set-back dimensions fro Locate clea~ly and distinctly all buildings, ~'" property Bnes. Give street and block number or description according to deed, mad show street names and h'~dicate wheth interior or corner Ici. STATE OF NEW YORK, S.S COUNTY OF ................ (Name of individaal signing con[tacO above named~ being duly sworn, deposes and says that he is the applica He is the ....................................................................................... (Contractor, agent, corporate officer, etc.) said owner or ownem, and is duly authorized to perform or have performed the said work and to make and file ti ahat all statements contained in this application are true to the best of his knowledge ~nd belief; and that t; ~ the manner set fo~h La the application filed therewith. D£Q 08 ~ 'row. o~ sou'r.o,~, .~¥ ~ol~ ¥~m I~J~_ FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. jz~ DATE ......... '¢../i.:(. ........ 1, (We) ¢ ~ of s o ia ¢ Name of Appellant Street and Number .................. ...~,~/.~.../.~.~../.~.~..c....~.. ..................................................... ../~....~.. ............ HEREBY APPEL TO Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED ..~..¢./~..~- WHEREBY THE BUILDING INSPECTOR DENIED TO ......... ........ ........................ Name of Applicant for permit of ~.~f~ ~.~. ~.~ ~.~ ~S~. ~ ,i Street and Number Municipali~ ...................... State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY Z~ ........................ ~ .................................................. ~.~ ........ Street Use District on Zoning Map ( (x) 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 Ordi,nance.) XI C/¢ /~0 - liq.'Z - g 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 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 eppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Form ZBI (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 a~l 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 COUNTY OF~{F~r~?~ ) Signature Sworn to this ........ .~.. .................................. day of ........ ~<.~..Q..~....:. ................... 19 ~{ ~00.0 O~ U