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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 i. 'i