HomeMy WebLinkAbout3412Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SC)UTHOLD, L.I., N.Y. 11cj71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEkLS
Appeal No. 34]2
Application Dated May ]9, ]987
TO: William D. Moore, Esq.
Clause Commons, Suite 3
P.O. Box 23
Mattituck, NY ]]952
as Amended
[Appellant (s)]
At a Meeting of the Zoning Board of Appeals held on June 30, ]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 VarianceSto the Zoning Ordinance
Article III , Section ]00-3] and
Article XI , Section 100-119.2
[ ] Request for
WHEREAS, a public hearing was held and concluded on June 18,
1987 in the Matter of the Application of WILLIAM MOORE AND BENJAMIN
HERZWEIG under Appeal No. 3412; 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
familiar with the premises in question, its present zoning,
and the surrounding areas; and
are
WHEREAS, the Board made the following findings of fact:
1. By this application, appellants request Variances from
the Provisions of the Zoning Code, Articles: (a) XI, Section
100-119.2(B) for permission to locate a proposed single-family
dwelling structure with an insufficient setback at 38 feet
and at 43 feet, from the nearest wetland grasses, from the
northeasterly corner and the southeasterly corner, respectively,
(b) III, Section 100-31, Bulk Schedule for permission to
locate new dwelling with an insufficient frontyard setback at
its closest points at 25 feet, all as shown by survey prepared
by Young & Young, dated June 5, 1987.
2. The premises in question is known and referred to as
Lot #42, Map of "Mattituck Estates, Inc." filed in the Office
of the Suffolk County Clerk on September 8, 1965 as File No.
4453.
3. The subject premises is located along the east side
of Meadow Lane in the Hamlet of Mattituck, Town of Southold,
with a frontage of 115 feet, is vacant land, contains an
acreage of .51±, and has a frontage of 95.94 feet along
pond meadow and wetland areas.
4. Article XI, Section 100-119.2, requires all build-
ings and structures to be set back not less than seventy-
(CONTINUED ON PAGE TWO)
DATED: June 30, 1987.
Fozn~ ZB4 (rev. 12/81)
CHAIP~N, SOUTHOLD TO,TN ZONING BOARD
OF APPEALS
Pag~ 2 - Appeal No. 3412
'M~tter of WILLIAM MOORE & ANb.
Decision Rendered June 30, 1987
five (75) feet from a tidal water body, tidal wetland edge,
or freshwater wetland.
5. Article III, Section lO0-31, Bulk Schedule of the
Zoning Code requires a minimum setback from the front
property line for principal buildings at not less than
35 feet, or the average established setbacks within 300
feet. The average established setbacks are not less
than 35 feet from the front property lines.
6. The Courts have held that the area setback variances
must meet the "practical difficulties'' standard, considering
at least the following: (a) that the relief requested is not
substantial in relation to the requirement; (b) that the
project as proposed is not out of character with the neigh-
borhood; (c) the circumstances of the property are unique
and are not personal in nature; (d) that the variance will
not in turn be adverse to the safety, health, welfare,
comfort, convenience or order of the town; (e) that the
variance requested is the minimal necessary; (f) that
there is no other method feasible for appellants to pursue
other than a variance.
7. It is the position of the Board as follows:
(a) that the relief requested is substantial in
relation to the requirements, being variances of l0 feet
(or 30%) as to the reduction in the front yard, and of
37 feet (or 50%) as to the reduction in wetlands setback;
(b) the project as proposed is not within the
character of the neighborhood since the improvements on
parcels in the immediate area are in compliance with the
zoning requlations;
(c)
particularly
which limits
the circumstances of the property are unique,
due to the topography and nature of the site,
the areas of construction;
(d) the alternative relief granted herein will
not in turn be adverse to the safety, health, welfare,
comfort, convenience, or order of the town;
(e) the alternative relief (in the frontyard
area) is the minimal necessary;
(f) there is no other method feasible for
appellants to pursue other than a variance.
8. In making this determination, it shall be understood
that the alternative relief granted hereunder would permit
construction within the limited building envelope area, to
wit, 30 feet from the front (west) property line, 38 and 43 feet
from the wetland boundary (to the east), minimum 10 ft. and 15
ft. sideyards (as regulated by the Bulk Schedule of the Zoning
Code, Column "A"), without the necessity of re-application
for reconsideration by this Board concerning possible amend-
ments in the design, style, length, character, etc.
of the proposed dwelling structure. Any reduction of the
setbacks to less than that permitted by this variance and
the zoning regulations ("building envelope") will require
future application and consideration.
Pa~e 3 - Appeal No. 3412
Ma~ter of WILLIAM MOORE & A~O.
Decision Rendered June 30, 1987
9. It is noted for the record:
(a) that conditional approval was rendered by the
Southold Town Board of Trustees for Wetland Permit No.
for the construction of a single-family dwelling~
312
(b) that a Final Environmental Impact Statement has
been prepared and submitted to the Southold Town Trustees
as Lead Agency pursuant to Part 617, NYCRR, Article 8 of
the Environmental Conservation Law, and Chapter 44, Code
of the Town of Southold;
(c) that both well and sanitary systems were condi-
tionally approved by the Suffolk County Department of Health
Services on September 13, 1985 under Ref. No. 85-S0-164;
(d) that lot point(s), with catch basins, are to be
incorporated into the westerly (driveway) area to collect
storm-water runoff; gutters and leaders to be connected to
dry-wells; no construction of sewage-disposal systems or
water-supply facilities will be constructed below the
10-foot contour; "natural buffers" are to be designed
within the entire area below the lO-foot contour line;
there will be a natural buffer during and after construction
adjacent to the wetlands;
(e) a September 4, 1985 waiver has been issued by the
N.Y.S. Department of Environmental Conservation waiving a
permit for the construction of a single-family dwelling
landward of the existing 10-foot contour elevation above
mean sea level (on a gradual, natural slope).
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass it was
RESOLVED, to GRANT the following relief in the Matter
of the Application of WILLIAM MOORE AND BENJAMIN HERZWEIG
under Appeal No. 3412, for the location of a single-family
dwelling:
(a) with an insufficient setback at the most north-
easterly corner of the proposed dwelling structure at 43
feet from the nearest wetlands grass, and at 38 feet from
the most southeasterly corner of the proposed dwelling
structure from the nearest wetlands grass, as shown by
the June 5, 1987 survey prepared by Young & Young, as
applied; and
(b) with an insufficient setback at not less than
30 feet from the front property line at its closest
point(s), as an alternative to the requested 25 feet.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
GERARD P. GOEHRINGER, CH'/~IRMAN
July 8, 1987
I C IV D AND FILED BY
1'I-IE SOUTHOLD OWN
Tm, m Clerk, Town of ~outhold
TOWN OF SOUTHOLD
BV-',DING DEPARTMENT
'lb ,~q CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
· ~.T...J~r.--~ .~..~..~.. ~.F~...
PLEASE T~E NOTICE ~at your application dated ..... ~...~ ........ 19 .~.
forpe~itto -~O~~.'~,,~~.~ ...... ~/~ f .......... at
~¢atio~ of Property ~?~...~d ~.,.
County Tax Map No. I000 Section .../~ ..... Block ...~. ...... ~t . .~ ~ ......
s~ai~io~,.~T ..... Fi~ Uap So..~%~.7. ...... lot So .... W~. .........
is returned herewith and disapproved on the following grotmds ................................
. . . Z~o .~.~ . . Z'o.~ ~. l .,(v. ~ e ./~.~ . . ,, ~; . .l. (~ ~. . . 2't/~. .,t?. . .....
. . .. ~,~? ,,/,'~.~. . .... 7. ~-. : . : .cp. . ". .... .~.,~tx, .... ~. ~ F. . .c~. . .~. ~ . . ,~. ~ .......
Building Inspector
1/80
Location of land on which proposed work will be done, .. ....... .
~ ~ ~..~. ~..xr_~.,..r.~....~,~ ...................
· - · ~ ..... Hamlet
...... .~.7..~ ................. ~.c~..-.~4. · -
Stree~
House Number
Map No.. 1000 Section . ..ll.~ ..... . .... ~ock <5' . ......... Lot... 7... ..........
Couuty Tax /~/A,~..r~. ,/~. ~,..~..~.~.~,.r3,. _(f.,~. ,,~' Filed M'i~ ~i ' 144.~..~ ..... Lot , .4.~' .......
Subdivision ............. (iq'an~ ')' ........
State existing use and occupancy of premises and intended use and occupancy, of proposed construction:
~e. ~.o:s:~...-. · · · ...............
· a Existing nsc and occupancy ............ ,. .-
· . "- · .~,n, ,.~ :F~---,:,,---':t .'~,~..-.'~',P.~~ ............
~ '---~ .m,.~.~,,L--p-~...~: .... I' ' ' ' , ·
~,~[~[ b Intended use and occupancy .....
~ / 'FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
$OUTHOLD. N.Y. 11971
TEL.: 76~1803
BLDG. DEPT.
TOWN OF SOUTHDLD
Examined ................ ,19...
Approved ................. 19... Permit No ............
DisapProved a/c .....................................
Received ........... , 19...
(Building In]pector)
APPLICATION FOR BUILDING PERMIT
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
sets of plans, accurate 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 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 in part for any purpose whatever until a Certificate of Occupancy
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 or
Regulations, for the construction of buildings, additions or alterations, or for removal or ~emo~fio~t, as herein described.
The applicant agrees to comply with ali applicable laws, ordinances, building code~hcl~'~6;'and regulations, and to
admit authorized inspectors on premises and in building for necessary inspec~ti¢~~
~~?'5 ........ '.: ........ :' '. ....
../.~a~ure of applicant, or x[ame, ~I a corporahon)
........................ r .... . ..... ~;~ ......
(Mailing address of apphcant)
State· whether applicant is own~er,:, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
Name ofownerofpremises . :'..- ..... ~. ~MP ............ , ................ ~ ..................
(as on the tax roll or latest deed)
If applicant is a co~omtion, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No ..........................
Plumber's License No .........................
Electrician's License No .......................
Other Trade's License No..g'A....O?..~.~P.~..-.{ ....
Location of land on which proposed work will be done...'~..~..2..* ?..~....A/~?...~.~..t~..~?..~..~.~.~
...... .4.7.:. ................. ..............
House Number Street
County Tax Map No. 1000 Section ~] ...... ., ....Block . ~5'
.... /~J{~'~...r~..~....~..~ .~'~...-~..,~.-,~ .... Filed Map No.
Subdivision
Hamlet
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy .............. ~,0_~ x -- . . . ~' .....................................
' .'.'.I . .~. ~..a,~ .m_...v....~,.. ..........
b, Intended use and occupancy ........ x?,~,( , ,-~,,~-,~,/~.tS~~. . , ...... .............. .
w~' ~, apphcable): New Building '- ~ddition .......... Alteration
3. Nature of work (check z, . ,~
Repair ..~[ i" { '~' ' _,emoval .............. Demolition .............. Other Work ...............
(Descript~o.n)
4. Estnnated Cost ................. ' ..... Fee .....................................
~' (to be paid on filing this application)
5. If dwelling, number of dwelling units... :.~...t~:?..e.~..~. Number of awemng u.its on each noor i J..~..z_. ........
If garage, number of cars ......... [. ~ ........................................................
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use
7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth
Height ............... Number of Stories .......................................................
Dimensions of same structure with alterations or additions: Front ................. Rear .................
Depth ...................... Height ...................... Number o? Stories .............. ? ......
8. Dimensions of eh/tire new construction: Front ....4[.6r../. ~ .... Rear o..D~..~,. ......... Depth ..
Height .,~.~..'. .......... Number of Stories ....... .~-..~. ....... __
9. Size of lot: Front ....... [.[.~.:.~'.f. ....... Rear .... ~.~.4.~i~i~ i. J i i ill DePth. i~.c~.' "'~ ' ''"-'"
t0. Date of Purchase ............................. Name of Former Owner .~A3..L~3.~.~I .~ .E,. +~.B.~.~. .*,.
1 1~ Zone or use district in which premises are situated ....................................................
12, Does proposed construction violat~ any zoning law, ordinance or regulation: ...............................
13. Will lot be regraded .. Jr{tNLl ~ ~ .............. Will excess fill be removed from premises:~ ~---~'_, Nr'
14.
Name
of
Owner
of
premises ._e~...~..~,.~..tke. r.i .~ .c~..,~%.. Address ................... Phone No..~.7-
Name of Architect ........................... Address ................... Phone No ...............
Name of Contractor .......................... Address ................... Phone No ...............
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions fron
property lines. Give street and block number or description according to deed, and show street names and indicate whethe
interior or coruer lot.
STATE OF NEW~ YORK,
S.S
COUNTY OF...'~...~...?F-x~...t-..t~...
......~. ~...~l~)q~..~..~k~,. '.~.".I~ . .~:fi,~..~.~.~ ........... being duly
(Name of individual signing contract)
above named.
sworn, deposes and says that he is the applican
He is the ........................................................................................
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file thi:
application; that all statements contained in this application are true to the best of his knowledge and belief; and that th~
work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this
..... ~ ............... day of ....
, · ............................. t~ounty ....
GLORIA O. O' ~Attt~ ~~~...~
ueJc, s,,... N.,. ' ......................... ......
No. 4e03137, ~lk Caun~t .,~,.. e"/~//~/'/'~- -' (Signature of applicant)
TOWN OF SOUTHOLD, NEW YORK
FROM DECISION OF BUILDING INSPECTOR
DATE...9.Z~.~/.E5 ..........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) ..~h.oz0~.~..,.~.,...,~.r..~.e.~ .......................... of ..6,.3.....q,.Z..J,..?..t.p.~,.~..%.a..g..e.,, ...................................
Name of Appellon,t Street and Number
Port Jefferson Station .N...e.,w.....Y.,o...r..k. ......... HEREBY APPEAL TO
Municipality 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
( )
( )
(x)
Name of Applicant for permit
of
...6, .3... ~.~ iC~.o..~_ .~ ~..a.g.e..,....~ 9.~,.~.e..C ~.,e.~.~, .°.~. _ .s.~.~.t...L.9.~ ,....~. _....Z.,Z. Z.~ .6. .....
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Permit to build
1. LOCATION OF THE PROPERTY Meadow Lane, Mattituck, NY (Mattituck Estates)
Street Use District on Zoning Mop
~.~.5...3. ............................................ .4..2. .......................
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.)
To build within 75' of Wetlands Art. XI Sec. 100-t192B
3, TYPE OF APPEAL Appeal is made herewith for
(x) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Laws
Art. 16 Sec. 2BOA Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) ~.~¢~) been made with
~xt~z~Czi~tz~-~*:~z~cgzr×with respect to this property.
Such appeal was ( ) request for o special permit
(×) request for o variance
and was made in Appeal No...5..2. ~ .~ ~ Dated ..........
REASON FOR APPEAL
) A Variance to Section 280A Sabsection 3
×) A Variance to the Zoning Ordinance
)
~s requested for the reason that the proposed residence cannot be located on the
property without being within 75' of the wetlands.
Forn% ZB1
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical d[ff[cult]es or gmneces~
sory HARDSHIP because Can use the property in a manner consistent with
and for a use permitted under the recent zoning ordinance.
. ' ,h~ immedia~-e
2. The hardship creeted is UNIQUE and is not shared by a ] aroperties alike in +' ~
vicinity of this property and in this use district because There is wetland in the rear
of the property.
3. The Variance wouJd observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DiSTRiCT because We conform to the other homes and lan±rig
requirements in area. Minimal grading will take place. House is to
be "stepped" into slope. Furthermore~ the architectural designs of
proposed house conforms to the architectural setting of the surrounding
area.
STATE OF NEW YORK ) ~/,~~~~,~-~ -
COUNTY OF ~,?.~f~ )
Sworn to this ........................................... ~,. day of ..............
N~, 47~5984, ~k
Lot
NEW SUFFOLK AVENUE
SURVEY FOR
T~OMAS W. CRAMER & BENJAMIN L. HERZWEtG
LOT,42. MATTtTUCK ESTATES. NC"
A~' MATTITUCK OATE: AUG. [5,1985
{NO
CO.
YOUNG & YOUNG, -,ooo~.~..,,~E
RIVERH~AO~ NEW YORK
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