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HomeMy WebLinkAbout3465Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOL. D, L..I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3465 Application Dated February TO: William D. Moore, Esq. P.O. Box 973 Cutchogue, NY 11935 13, 1986 (Public Hearing 3/13/86) [Appellant(s)] as Attorney for MR. AND MRS. VELTMIR VRAN"~OVIC · ".- ' At a Meeting of the Zoning Board of Appeals held on April 16, ]986 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 II/ , Section ]00-3], Bulk Schedule [ ] Request for Application of VELIMIR AND HEDA VRANKOVIC for a Variance to the Zoning Ordinance, Article' III, Section 100-31, Bulk Schedule, for approval of the construction of second-story deck addition with an insufficient frontyard setback. Location of Property: 1525 Sandy Beach Road (a/k/a 55 Bay Road), Greenport, NY; County Tax Map Parcel No..1000-43-04-45. WHEREAS, a public hearing was held and concluded on March 13, 1986, in the Matter of the Application of VELIMIR AND HEDA VRANKOVIC under Appeal No. 3465; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted for the record that no public opposition has been received; and 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, the board made the following findings of fact: 1. The property in question is a five-sided parcel and a corner lot as defined by Article I~ Section 100-13 of the Zoning Code with frontages along the west side of Bay Road of 100 feet, the north and east sides of Sandy Beach Road of 122± feet and 34 feet, respectively, and is identified on the Suffolk County Tax Maps as District 1000, Section 43, Block 4, Lot 45. 2. The premises contains an area of approximately 5,000 sq. ft. and is ~mproved with a one-story, 952 sq. ft. framed cottage set back 27 feet from the westerly front property line, 20 feet from the south front property line, and 37± feet from the easterly front property line. 3. By this application, appellant requests approval of the construction of an 8' by 20' second-story deck with spiral staircase which has an insufficient frontyard setback from the southerly property line at 14± feet as shown on survey map amended January 23, 1986, prepared by Van Tuyl & Son, L.S. (CONTINUED ON PAGE TWO) DATED: May 13, 1986. CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 - Appeal No. 3465 Matter of VELIMIR AND HEDA Decision Rendered April 16, VRANKOVIC 1986 4. It is the opinion of the board that the unusual shape and character of the parcel in question lends itself to the practical difficulties in this case, and the board agrees with the reasoning of the appellants. In considering this appeal, the board finds that determines: (a) that the relief requested is minimal under the circumstances; (b) that the character of this residential neighborhood would not be adversely affected by this granting of this variance; (c) that there is no other method for appellant to pursue other than a variance; (d) that the granting of the variance will not have an impact on available governmental facilities; (e) that the public health, welfare, safety, comfort, convenience and order of the town will be served by allowing relief; (f) by the granting of relief as conditionally noted below, the spirit of the zoning ordinance and interests of justice will be served be served. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that relief be granted as the Matter of the Application of VELIMIR Appeal No. 3465: noted below concerning AND HEDA VRANKOVIC under 1. That the second-story deck be located no closer than 18 feet to the southwesterly corner (nearest point), without removal or affecting the location of the spiral staircase as exists; 2. That all necessary building permits be obtained. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Douglass. (Member Sawicki was absent. tion was duly adopted. Grigonis, This resolu- lk May 13, 1986. RECEIVED AND BY THE SOUTi{OLD TOV,qi DATE ~//¢ HOUR Town Clerk, Town of Jouh~old 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 SOUTNOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Rolad, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on T__HURSDAY, MARCH 13, '1.986, 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; County Tax Map Parcel No. 1000-35-05-28. 7:40 p.m. Appeal Noq 3452 - PAUL FORESTIERI for Variances to' the Zoning Ordinance~'A~ticle: III~ Section]lOO~3l,~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 End of Fasbender Avenue), Peconic; Bailey Park Subdivi- sion, Lots 1, 2, 3, 4, 5; County Tax Map Parcel 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, Bulk Schedule for permission to construct addition of I90+ 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. I000-117-08-13. 7:50 p.m. Appeal No. 3447 PUDGE CORP. for a Special Exception to the Zoning Ordinance, Article VIII, Section t00-80(8) 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 C~I Heavy Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-63-01-10. 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 Ordinances 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 100-31, Bulk . ~ Schedule for approval of the construction of second-story deck addition~ with an insufficient frontyard setback. Location of Property: ~ 1625 Sandy Beach Road (a/k/a 55 Bay Road), Greenport, NY; County Tax ~ .. Parcel No. 1000-43-04-45. _~J' 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) ~n 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 ~a~iances=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 Schedule, for permission to construct addition with an insufficient 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. 8:45 p.m. Appeal No. 3455 z KATHLEEN VARANO for a Variance to the Zoning Ordinance, Article XII, Section lO0-121(D)[1] for a clarification and/or correction of the .~nterpretation of the Building Inspector of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 which allows no sleeping or living quarters ~n the accessory garage/apartment structure. Location of Property: 6600 Ior. 6ZSO) iInd~ian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-086-07-004. 8:55 p.m. Appeal No. 3421 - Recessed Hearing JOSEPH ZIELONKA.to be reconvened. ESTATE OF 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 z RICHARD AND ANITA WILTON for a Variance to the Zoning Ordinance, Article III~ Section 100-31, Bulk Schedule, 'for approval of proposed lots having insufficient area, width andtor depth in this pending-division 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. to the Zoning Ordinance, for approval of proposed in this pending division Grand Avenue, Mattituck, Appeal No. 3466 z GREGORY SIMONELLI for a Variance Article. III, Section lO0-31, Bulk Schedule, lots having insufficient area and width of land, located at the East 66d~So~th Sides 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 premises presently of Schaefer and identified on the Suffolk County Tax Maps as Distri. ct 1000, Section 55, Block 2~ Lot of 9:30 p.m. Appeal No. 3453 ' ~AMUEL K.C. and ELIZA PLIMPTON KOPPER for a Variance to.the Zoning Ord. inance~~ Article II~, 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 or.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 repre~entatiyes desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information~ please call 765-1809 (alta 1~02)~. Bated: March 4, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN lk INSTRUCTIONS TO NEWSPAPERS: March 6, 1986 and forward Board of Appeals, Main Road, before March ll, 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 ~orp., 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 119.52 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 B. Varano, Box 973, Cutchogue 11935 and Katzenberg, Box 279, Riverhead Zielonka, Main Road, Cutchogue 11935 Richard F. Lark, Esq. for Mrs. Kathleen William W. Esseks, Esq. for Mrs. Odell Mr. John Wickham, for the Estate of J. 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] 310 Plymouth St, Pembroke, MA Town Clerk and Z.B.A. Bulletin Boards Supervisor, Town Board, Z.B.A., P.B., and Building Dept. Individual Z.BLA. files ll 02359 FORM NO. ~ TOWN OF $OUTHOLD BUILD~qG DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ..................... ~..q... ~lq'~l. PLEASE TAKE NOTICE that your application dated . ..~ q~vq..~. ~.'J ......... t9 ~ .~.~. for permit to ~eJr' ~ ~ ~ ~ t .... ......... .... .................. ~cation of Property: }.~ ¢~. ~.~. ~ .~ ~ .~-~. ~..~.. ~ ~. ~ouse No. ~ Street [ ~ Ham/et County T~ Map No. 1000 Section .... ~J~ ~ .... Block ... ~.q ....... Lot ....q ~ ...... Subdiv/sion ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~ng grounds ~..~..~-....~....~.~ .... B ui~m~inq Inspector Rv 1/80 FEiJ ! 319 TOWN OF SOUTHOLD, NEW YORK FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, APPEAL NO. DATE .....~.~ ..~....~?....Q~... ..... Velimir Vrankovic and 1, (We) ~,~f]~...Vz:az%k~.%riq ................................ of ....,3..0.:Q....E. fL%t....5.],,%~....$.kr.~...e.~ ........................ Name of Appellon,t Street and Number New York ................................................................................................ .~..¥. .................... 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 Name of Applicant for permit of 370 Terr.~ Lane,, $,o~t~ld, NeW. ~ork 11971 Street and Number Municipality State ( ) PERMIT TO USE (X) PERMIT FOR OCCUPANCY ( ) 1 LOCATION OF THE PROPERTY%bZf $/t~ 5g~.~.f:.~f~,~R.6~.;~ree,.n.p. ort,~A~[{~t~±Dt~ricto~-~,...~,~.,~. ~,, ~-~-~ ~ Street Use District on Zoning Map Velimir Vrankovic and 1000-043-04-045 . _ ................................................................................. turren~ Owner Heda Vrankovic Tax Iv%ap No. Lot No, 2. FROVISION (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 3, Section 100.-131 8g~K ~¢~1~1¢~14/- ~C~ 3. TYPE OF APPEAL Appeal is made herewith for G~ ) 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 appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~'orm ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because This deck was constructed by a builder who promised to obtain all necessary permits, He failed to do so. Removal of the deck would create economic difficulties because it would require the removal of a set of steel stairs used for access to the deck, A variance for the front yard setback is the only way in which the deck can be maintained across the front of the home- (_See accompanying Memoranduml 2. The hardshipcreatedis UNiQUE and is notshared oy oil properties alike in the immediate vicinity of this property and in this use district because The irregular shape of ~he property has created this di,fficulty~ It is a five~sided lot with four sides fronting the road, ~ee accompanying Memoranducal 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CF~ARACTER OF THE DISTRICT because Tke surroundinq property is a beach front summer home neighborhood, Most of the-properties are under- sized lots witk summer houses, Many of these homes have large patios and decks constructed on the properties similar to the appellants'. [See accompanying Me~o~andUm~ ) ss COUNTY OF SUFFOLK ) Signature William D, Moore, Esq, Attorney forAppellants Sworn tothis .......... /~ ...... ~. ....................... -. day of ............ ~Y , .................... 19 86 Notary Public ~oter_v Pub ic, State of ~'~.¢,, ~ot~ ~ ~O, ~635190 Suffolk Coun~ uomm;ss.on ~p~res ~4arch ~, 19~ ~ OWNER FOR~ER OWNE~ , , , RES. SEAS. ,~ VL FARM LAND IMP. TOTAL DATE ..... __/eO / i COMM, CB. MISC. Mkt. Value SUB. LOT m~e. , I TYPE OF BUILDING DOCK TotoJ House Plot ' Brushland BULKHEAD TilJable 1 Tillable 2 Tiil~ble 3 Woodland Swgmplond FRONTAGE ON WATER Value FRONTAGE ON ROAD DEPTH v Ac re Value Per Acre FARM NEW NORMAL BELOW ABOVE .... ~%E=.~, o o: M. Bldg. Extension Extension Extension ~ Porch¢¢4¢c , Breezeway] Garage Patio O.B. Total ,~_~dation ~osement Ext. Walls Fire Ploce Type Roof -- Recreatio--------~ Roan Dormer l Driveway Bath / Dinette Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Fioo LR. BR. FIN. B.