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HomeMy WebLinkAbout34556750 Indian Neck Rd. Peconic,NY #3330 Varano, Dominick Variance for bulk schedule for approval of insufficient area of proposed Lot 3 at premises, Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOLJTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3455 Application Dated Januar3 ]7, ]986 (Public TO: Richard F. Lark, Esq. as Attorney for MRS. KATHLEEN VARANO P.O. Box 973 Cutchogue, NY 11935 Hearing March 13, 1986) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April ]6, 1986 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 , Section IX] Request for Interpretation of Condition under Appeal No. 3330 and Building Inspector Interpretation/Letter Dated December 2, 1985 Application of KATHLEEN VARANO for a Variance to the Zoning Ordinance, Article XI-I-~-, Section lO0-121(D)[1] for a clarification and/or correction 6f the interpretation of Building Inspector, of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 which allows no sleeping or living quarters in the accessory garage/apartment structure. Location of Property: 6600 (or 6750 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-086-07- 004. WHEREAS, application under Appeal No. 3455, a request for an interpretation clarifying or correcting the interpretation of the Building Inspector dated December 2, 1985 has been duly filed on January 17, 1986; and WHEREAS, said application requests: (a) an interpretation of Condition in Zoning Board of Appeals Decision in Appeal No. 3330 and Building Inspector's interpre.tation dated December 2, 1985, which states, "...That Lot #3 shall be restricted to one-family use only, with no additional sleeping or living quarters ~n any accessory buildings (except as may be allowed by legislative action in amending the current zoning code)..."; OR, in the alternative, (b) if the Zoning Board of Appeals decides the Building Inspector's interpretation is correct, then to amend the condition contained in Appeal No. 3330 to allow a continued use of the preexisting two bedrooms for sleeping facilities contained in the garage/apartment as an accessory use to the principal dwell- ing on the premises; and WHEREAS, this board deemed it appropriate that the appeal for the interpretation be considered by this board firstly and that the alternative relief await this action of this board for the appeal of the interpretation; and DATED: May 14, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW/~ ZONING BOARD OF APPEALS Page 2 - Appeal No. 3455 Matter of KATHLEEN VARANO Decision Rendered April 16, 1 986 WHEREAS, the board members have personally viewed and are familiar with the premises in question, as well as the surrounding area in this Residential and Agricultural Zoning District; and WHEREAS, after due notice, a public hearing was held by the Board of Appeals on the Interpretation Request (a), supra, and concluded on March 13, 1986 at the Southold Town Hall, Main Road, Southold, New York; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, carefully consi WHEREAS, all testimony and written documentation have been dered; and the board made the following findings of fact: 1. The premises in question is located in the "A-80" Resi- dential and Agricultural Zoning District; 2. Article III, Sections 100-30 and lO0-31, Bulk Schedule, of the Zoning Code, permit one-family detached dwellings, not to exceed one dwelling on each lot, and does not permit sleeping or living quarters in an accessory structure in this zoning district; 2. Article III, Section lO0-31, Bulk Schedule, requires a minimum of 80,000 sq. ft. for a lot, and a Variance was granted under Appeal No. 3330 concerning the subject premises from the lot area requirement to allow 76,300 sq. ft. for Lot #3 in this pending minor subdivision proposal. 4. Existing upon the subject premises is a single-family frame house, and the subject accessory structure which is depicted as "§arage-ap't" on survey amended September 6, 1984; 5. In paragraph numbered "7~ of the board's decision and findings rendered May 2, 1985 under Appeal No. 3330 of which this interpretation is made, it was noted that "...it is the understanding of the board that the property has always been used for single-family purposes and therefore does not recognize the accessory structure as a "garage-apartment." 6. It is the position of this board that the since the use of the subject accessory building (depicted "garage/apartment") was questionable by the Board of Appeals during 1985 when they rendered a decision under Appeal No. 3330, the subject accessory building as an apartment or sleeping quarters use may not have been legally established and continuously used as such from prior to the enactment of zoning in 1957 up until the time of the board's decision, and therefore requires additional relief by the Board of Appeals or consideration by formal application, public hearing, et cetera. NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that it is hereby determined that the December 1985 letter of the Building Inspector is correct and that the May 2, 1985 Condition Rendered in the Decision under Appeal No. 3330 shall be interpreted as not allowing any sleeping or Page 3 - Appeal No. 3455 Matter of KATHLEEN VARANO Decision Rendered April 16, 1986 living quarters in any accessory building, existing or proposed. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Members Sawicki and Douglass were absent.) This resolution was duly adopted. lk 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 commencing at 7:30 p.m. on THURSDAY, MARCH 13, 198~6, and as follows: 7:30 p.m. Appeal No. JOHN AND JOYCE HOLZAPFEL. 3432 - Recessed Hearing in the Matter of 7:35 p.m. Appeal No. 3457 ~ RALPH AND LUCILLE STOCKER for permission to construct new dwelling requiring Variances to the Zoning Ordinance: (1) Article III, Section 100-31, Bulk Schedule, for excessive lot coverage, and (2) Article XI, Section 100-119.2 for reduction in the required ~etback from bulkhead and tidal waters to less than 75 feet. Location of Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport; Cleaves Point, Section 3, Map #4650, Lot 59; Couoty Tax Map Parcel No. 1000-35-05-28. 7:40 p.m. Appeal No. 3452 - PAUL FORESTIER1 for Variances the Zoning Ordinance;'Article~ II~ SectionilOO-31,~Bu]k. Schedule for permission to locate new dwelling with insufficient front and rear yard setbacks. Location of Property: East End of Sound View Avenue (South Ena of Fasbender Avenue), Peconic; Bailey Park Subdivi- sion, Lots 1, 2, 3, 4, 5; County Tax Map ~arcel No. 1000-67-06-004. 7:45 p.m. Appeal No. 3470 - ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance, Article III, Section 100-31, B~lk Schedule for permission to construct addition of 190± sq. ft. in area which will exceed the maximum-permitted the lot coverage requirement of 20%. Location of Property: 17195 Main Street (a/k/a 720 Second Street), New Suffolk, NY; County Tax Map Parcel' No. 1000-117-08-13. 7:50 p.m. Appeal No. 3447 PUDGE CORP. for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish one or more of the following uses within the buildings proposed to be constructed as shown by site plan revised 7-9-85: professional offices; electrical contractor shop; plumbing shop; furniture repair shop; carpenter shop, cabinet shop; printing estab- lishment; food processing; packaging of machine parts to be shipped; such uses as:allowed in this ~-l Heavy Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-65-01-10. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 7:55 p.m. Appeal No. 3459 - 125-127 MAIN ST. CORP. (MILLS & CO.) for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to utilize premises and construct addition for the manufacture of sails, canvas products and related items, and office and storage area incidental thereto, in this "C-Light" Industrial Zoning District. Location of Property: 74100 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-45-06-006. 8:00 p.m. Appeal No. 3465 - VELIMIR AND HEDA VRANKOVIC for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule for approval of the construction of second-story deck addition with an insufficient frontyard setback. Location of Property: 1625 Sandu Beach Road (a/k/a 55 Bay Road), Greenport, NY; County Tax Map Parcel No. 1000-43-04-45. 8:05 p.m. Appeal No. 3460 - MICHAEL J. PERLMUTTER, M.D. for a Variance to the Zoning Ordinance, Article III, Section lO0-30(C)[1](a) for permission to utilize premises and addition for accessory home occupation use (physician's office) in excess of maximum-permitted 30% first floor area. Location of Property: 2035 Theresa Drive, Mattituck; Deep Home Creek Estates Filed Map 4256, Lot 59~ County Tax Map Parcel No. 1000-115-16-15. 8:10 p.m. Appeal No. 3450 - ROSALIE GOWEN for ~aci. ances~to~tbe~ Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of: (1) insufficient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road, Cpt. Kidd Drive and Central Drive, Mattituck, NY; Cpt. Kidd's Estates Filed Map #1672, Lots 134, 153, 154; County Tax Map Parcel No. 1000-106-02-32 and 43. 8:20 p.m. Appeal No. 3474 - DAVID M. JOHNSON for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedules for permission to construct addition with an i~sufficient sideyard setback and in excess of maximum-permitted 20% lot coverage. Location of Property: 385 Corey Creek Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-13. 8:35 p.m. Appeal No. 3463 - EDMUND PRESSLER for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, and Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 Article VII, Section lO0-70(A)[1](d), for permission to utilize premises of 68,912 sq. ft. in area as a continuing nonconforming two-family dwelling and add two retail sales/office uses in this "B-I" General Business Zoning District. Location of Property: North Side of Main Road, Southold~ NY; County Tax Map Parcel No. 1000-63-3-26. ~?f~ 8:45 p.m. Appeal No~ 3455 ~ KATHLEEN VARANO for a Variance to the Zoning Ordinance, Article XII, Section lO0-121(D)[1] for a clarification and/or correCtion of the interpretation of the Building Inspector of Condition tn Appeal No. 3330 rendered the Board of Appeals May 2, 1985 which allows no sleeping or by lqving quarters ~n the accessory garage/apartment structure. Location of Property: 6600 (~r~6~50) iIndilan Neck Road, Peconic, NY~ County  Tax Map Parcel No~ 1000-086-07-004. ~ 8:55 p.m.. Appeal No. 3421 - Recessed Hearing - ESTATE OF JOSEPH ZIELONKA.to be reconvened. 9:05 p.m. Appeal No. 3451 - BEDELL WINERY/VINEYARDS for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[14] for permission to establish winery use from grapes grown on the premises~ located at 36225 Main Road, Cutchogue, NY; County Tax Map Parcel NO. 1000-85-02-10. 9:10 p.m. Appeal No. 3456 ~ RICHARD AND ANITA WILTON for a Variance to the Zoning Ord~nance~ Article III, Section 100-31, Bulk Schedule~ for approval of proposed lots ~aving insufficient area, width and?or depth in this pend~ngdivision of land, located at the East Side of Queens Street, Greenport, NY; .County Tax Map Parcel No. 1000-40-3-6. 9:20 p.m. Appeal No. 3466 ~ GREGORY SIMONELLI for a Variance to the Zo~i-ng Ordinance, Article III, Section 100-31, Bulk Schedule, for approval-of proposed lots having insufficient area and width in this pending division of land, located at the East 6hd~So~th Sides of Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-107-02-04. 9:25 p.m. Appeal No. 3475 -'JOSEPH H. SAWICKI, JR. for a Variance for approval of'access pursuant to-New-York Town Law, Section 280-a, over a private right-of-way located off the South Side of Old North Road~ Southold, NYz p~emise~ presently of Schaefer and identified on the Suffolk County ~ax Maps as District 1000, Section 55, Block 2, Lot 4. 9:30 p.m. Appeal No. 3453 ' ~AMUEL K.C. and ELIZA PLIMPTON KOPPER for a Variance to the Zoning Ordinance~- Arti-cle III, Section 100-31, -Bulk Schedule, for approval of proposed three lots having insufficient area and width located along the west side of Indian Neck Road, Peconic, Page 4 Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 NY; County Tax Map Parcel No. 1000-86-4-1.2, consisting of a total acreage of 5.00. The Board of Appeals will hear at said time and place all persons or representatives d~siring.to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing ~n question. For more information, please call 765-1809 (alt~ 1~02).~ Dated: March 4~ 1986. lk BY ORDER BOARD OF GERARD P. OF THE SOUTHOLD TOWN APPEALS GOEHRINGER, CHAIRMAN INSTRUCTIONS TO NEWSPAPERS: March 6, 1986 and forward Board of ~ppeals, Main Road, before March 11, 1986. Please publish once, to wit: affidavits of publication to: Southold, NY 11971, on or Copies to the following 3/4/86: Mr. and Mrs. John Holzapfel, 825 South Harbor Road, Southold, NY 11971 Mr. Garrett A. Strang, Architect for Mr. and Mrs. Ralph Stocker, P.O. Box 1412, Southold, NY 11971 Mr. Paul Forestieri, 300 East 54th Street, New York, NY 10022 Mr. and Mrs. Athanas Zamphifoff, P.O. Box 255, New Suffolk, NY 11956 Mr. James Gray, Sr., Pudge Cor~., P.O~ Box 1465, Southold, NY 11971 Mills & Co., 125-127 Main St. Corp., 125 Main Street, Greenport, NY 11944 William D. Moore, Esq. (c/o R.F. Lark, Esq.), P.O. Box 973, Cutchogue, NY for Mr. and Mrs. Velimir Vrankovic Michael J. Perlmutter, M.D., 2035 Theresa Drive, Mattituck, NY 11952 Abigail A. Wickham, Esq. for Mrs. Rosalie Gowen, Box 1424, Mattituck 11952 Mr. and Mrs. David M. Johnson, Koke Drive, Southold, NY 11971 Gary Flanner Olsen, Esq., for Mr. Edmund Pressler, Box 706, Cutchogue 11935 Richard F. Lark, Esq. for Mrs. Kathleen B. Varano, Box 973, Cutchogue 11935 William W. Esseks, Esq. for Mrs. Odell and Katzenberg, Box 279, Riverhead Mr. John Wickham, for the Estate of J. Zielonka, Main Road, Cutchogue 11935 Mr. Merlon Wiggin, President, Peconic Assoc. for Bedell Winery P.O. Box 672, Greenport, NY 11944 Richard F. Lark, Esq. for RICHARD AND ANITA WILTON Gary Flanner Olsen, Esq. for GREGORY SIMONELLI Mr. Joseph H. Sawicki, North Road, Southold, NY 11971 Mr. John DeReeder as agent for MR. AND MRS. SAMUEL KOPPER Mr. and Mrs. Samuel K.C. Kopper, 3~uth St, Pem-~5-~-~!Te, MA 02359 Town Clerk and Z.B.A. Bulletin Boards Supervisor, Town Board, Z.B.A., P.B., and Building Dept. Individual Z.B.A. files 11 FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · ..~.. i~..~:r~...~.. ,o~-.....~2t~... ..... PLEASE TAKE NOTICE that your application dated...~..~?~. ~ .~... forpem~tto ~ ............................................... Noa~ No. Strut Ham/et Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ........... ! .~..G. 7 .~..~... '.~.. ~.-. ~.~.,..~.......~, .. ~. ~~ .~A.., ~ ~. .~ ........................ { .................... ~ .... ~~}~. ~. Building Inspector RV (X) (X) ( ) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. -~5/~--5~ DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, ............... ................................. Name of Appellant Street and Number Brooklyn New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON PRE~EXZSTING CERTTFICATE APPLICATION FOR:~[~ ...O~..D. CC.U.P. ASICI.... DATED ....A..u..c~.u...s..t....~8..,.....1..9...8...5. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO DOMINICK VARANO Name of Applicant for permit of 1024 79th Street, Brooklyn, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 6600 Indian Neck Road A Residential & Agricultura Street Use District on Zoning Map 1000-086.00-07.00-004-000 Mep 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.) Article XII, Section 100-121 Del) 3. TYPE OF APPEAL Appeal is made qerewith for ( ) 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. Laws Art. 16 Sec. 280A Subsection 3 (X) Determination of Building Inspector - Interpretation of condition · n Appeal No. 3330 PREVIOUS APPEAL A previous appeal (has) kSm~:~l:k been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ¢ ) request for a special permit (×) request for a variance ~as granted and was made in Appeal No....3...3..3..9. ............... Dated ..... ..M..a..y.....9...,...1..9..8...5. .................. REASON :OR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (X) ~R~al from D~termin~on of Building_Inspector dated Dec~zber 2, ~ , ~D~ concernmn.~ con~m~ion in Boar~ al Appeals Decision No. 333U. ,i$ r~questedYor ~e reGson t~9~ to clarify and correct the interpretation of the Building ~nspec~or o~ the ZonLng Board of Appeals Decision in Appeal No. 3330 (a copy of the Building Inspector's interpretation is attached heremo as Exhibit iI, as allowing no slegping or living quarters in the accessory garage/ap't ssructure as shown on the sur~ey of Roderick Van Tuyl, P.C., amended September 6, 1984, which is attached hereto ~s Exhibit 2~ or in the alternative, if the Zonin~ Board of Appeals decides the Building Inspector's interpretation is correct, then to amend the condition contained kn.~ppeal No 3330 to allow a continued use of the pre~existing two bedrooms for ~le~plng facilities contained in the garage/apartment as an accessory use to the primcipal dwelling on the premises. (Continued on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would.3roducepracticaldifficuitiesarunneces- sary HARDSHIPbecause: Your Petitioner's late husband~ Dr. Dominick Varano~ died on October 28, 1985. At the time of his death~ ~y late husband was in the process of oDtaznzng a mlnor suDdlvzsxon approval for property on the southerly side of Zndi~n Neck Roads Peconic, New York (Suffolk County Tax Map 1000-$$-07-00~) 5ntc three lots. The ~o~ uthoie- Town Planning Bear~ on Qctober ha~ indicated their approval of ~his ~inor subdivision ~ut since proposed Lot ~3 was only 7~300 square feet~ an area variance by ~_e Zonzng Board of Appeals was necessary ~n order tc procee~ with the suSdSvision in~tial~y~ we were advi- ~ sa~ead tko deficient sauare footage cf 3~700 s~uara ~ee~ DeL~ee~ the t~c proposed vacant lots~ but my ~ ~ ~at= husband decided it snou±d subtracted ~r~m the improved propersy so tbs twc vacan-a lots would each have ~u~000 square feet~ as it was our ~n~en~zo~ deed these lots to our sons when they are of age so the¥~ wou_m- ~ ~ be zn a position to build a house~ T now .... ' ~-%' because if the application had ~e~_:=- for th= vacant lots~ - the_ (CONTINUED ON .... ~mA~H~D ~ 'R RZDER) 2. The hardshi~ createdis UNIQUE and is notshared by aH properties alike in the [mmediace v~cinitv ofthJs property and in this use district because the Building Znspector~s interpretation of the Board of Appeals decision is ~nreason~ble, due to the fact the previous owners o~ the property always uti- lized the garage/apartment as an accessory guest house in con- junction with the main dwelling on the premises~ and to deny its use creates a unique hardship for petitioner and her famiiy. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed use of Lot 93 as well as the other two proposed vacant lots on the property are residen- tial~ as this property has always been utilized for this purpose° The three building lots for single f~ily use are in keeping eot only with the spirit of the Ordinance~ but with the charactsr of this District. ~X~xxxxxxxxx~x FORMER OWNER LAND TOTAL DATE ACREAGE TYPE OF BUILD]NG I COM~M ' FARM , IND. CB. I MiSC, REMARKS LOT AGE NEW Fdrrn Tillable ] l'illab]e 2 Tillable 3 ~,a/codiond Swampland E~rushland House Plot BUILDING CONDITION NORMAL BELOW ABOVE Acre I Value Per Acre Value