HomeMy WebLinkAbout3544
Southold Town Board of Appeals
I~AIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BO~RD OF APPE~S
Appeal No. 3544
Application Dated Ju]y 31, 1986
TO: J. Kevin McLau§h]in, £sq.
as Attorney for JAMES F. WARWICK
828 Front Street, Box [
Greenport, NY 11944
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on 0ctober ]0, ]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 , Section
[X] Request for Lifting of Condition, Appeal No. 1729
Application of JAMES F. WARWICK for a Variance to lift Condition
of prior Z.B.A. Appeal No. 1729 rendered March 8, 1973 to allow new
construct of a single-family dwelling at premises located along the
south side of Fasbender Avenue, Peconic, NY; Bailey Park Map filed
September 26, 1932, Subdivision Lot No. ll; County Tax Map Parcel
No. 1000-67-6-7.
WHEREAS, a public hearing was held and concluded on September ll,
1986 in the Matter of the Application of JAMES F. WARWICK under Appeal
No. 3544; 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 relief of
condition rendered on March 8, 1973 by the Board of Appeals
under Appeal No. 1729 concerning Lots #11, Map of Bailey
Park, and #9, Map of Blanche T. Dickinson, at Peconic, to
allow construction of a new single-family dwelling.
2. The premises in question is referred to as Parcel
II as conveyed to the appellant on December 13, 1976 at
Liber 8158 cp 334 from James DeVito and Robert Clark, and
more particularly shown on the Suffolk County Tax Maps
as District 1000, Section 67, Block 6, Lot 7. The subject
premises, described as Parcel II contains a lot area of
7,022 sq. ft., 50 ft. lot width and 140.45 ft. lot depth.
premises is vacant.
The
(CONTINUED ON PAGES TWO AND THREE)
DATED: October 12, 1986.
Foz~n ZB4 (rev. 12/81)
CHAIP~IAN, SOUTHOLD TO~N ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3544
Matter of JAMES F, WARWICK
Decision Rendered October 10, 1986
3. After reviewing the records concerning the prior
Appeal, No. 1729 filed by Patrick and Margaret Walsh, it
was the owners intent to sell a 50' by 140' strip of
land to James Clark and Robert DeVito~ for uses accessory
to their residence (1000-67-6-14). Both the existing
residence lot and the vacant lot in question did not meet
the minimum lot area, width and depth requirements of the
Bulk Schedule of the Zoning Code. In 1976, a minimum lot
area of 40,000 sq. ft., lot width of 150, and lot depth of
175 were required. No approvals have been received to
date from the Southold Town Planning Board for a subdivision
or set-off division of land concerning these premises.
4. The records are clear that it was the intent of
the owners of the premises in question and the Board of
Appeals that this 50' by 140+' portion of land was substn-
tially less than the zoning requirements, and that the
owners wished to dispose of it by selling to the contiguous
property owners, who would have better enjoyment of the
property for accessory residential purposes.
5. On May 7, 1985, Certificate of Occupancy for vacant
land #Z13411 was improperly issued for Property located at
305 Fasbender Avenue, Peconic, 1000-67-6-7; and by memorandum
of the Building Inspector dated March 25, 1986, the Certificate
of Occupancy was declared null and void.
6. Applicant has submitted copies ~f a credit memo from
Acorn Structures Inc. describing Job #7935 for an added deck
and 36" casement with an approximate shipping date of 3/31/86,
and unpaid invoice #1516 dated 12/9/85, Job #7935, with an
approximate shipping date of 1/6/86 of a prefabricated house
shell. No evidence has been submitted as to pre-payment of
the shell or acceptance in writing by Acorn Structures. It
appears that appellant canceled his order and his deposit was
refunded after deducting $385.00 for design time.
7. It is also noted for the record that no building
permit application has been filed or issued concerning the
subject premises to date.
8. In viewing the character of the immediate area,
parcels adjoining this portion of land on the east contains
an area of 20,000± sq. ft., to the west an area of 14,000±
sq. ft., to the southwest an area of 14,000± sq. ft. (County
Tax Map Parcels 1000-67,6-9.1, 6 and 15, respectively).
9. The percentage of the lot area required in the zoning
code requested by this ~pplication is 90+ percent, which is
substantial.
In considering this application, the board also finds
and determines that: (a) the difficulties claimed are not
sufficient to warrant a granting of the relief requested,
(b) the character of the immediate area would be adversely
affected by the granting of the variance; (c) the percentage
of relief requested is substantial in relation to the require-
ments; (d) this parcel will not be within the character of
Page 3 - Appeal No. 3544
Matter of JAMES F. WARWICK
Decision Rendered October 10,
1986
those existing in the immediate area; (e) the variance will
in turn cause a substantial effect on the safety, health,
welfare, comfort, convenience, order of the town; (f) in
view of the manner in which the difficulties arose, and in
consideration of the above factors, the interests of justice
will best be served by denying the variance applied.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, that the relief requested under Appeal No.
3544 in the Matter of the Application of JAMES F. WARWICK
BE AND HEREBY IS DENIED.
Vote of the Board: Ayes. Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
lk
GQEHRINGER,
October 12, 1986
'"RECEIVED AND FILED BT
THE SOUTHOLD TOWN CLERK
DATE/~-/w'~ HOUR 9, po ~,~
Town Clerk, Town of Sout!~o!J
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 SOUTEOLD TOWN' B'OARD' OF
APPEALS at the Southold Town Hall, Main Road, Southold, NY
at a Regular Meeting commencing at 7:30 p.m. on ~THU. RSDAY,
SEPTEMBER 1'1,.'1986, and as follow:
7:35 p.m. Appeal No. 3540 - MARK AND LO'RR~INE LaROSA.
Variance to the Zoning Ordinance, Article XI, Section 100-
119.2(B) for permission to construct deck addition at rear
of ekis~ing dwelling within 75 feet of ordinary highwater
mark along "Horton Creek,"
of Albo Drive~ Laurel~ NY;
126-2-12.
located along the north side
County Tax Map Parcel No. 1000-
7:40 p.m. Appeal No. 3541 - RIAL1 REALTY CORP. Variances
to the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for approval of insufficient lot width of three
proposed parcels in this pending minor subdivision located
at the northerly end of proposed right-of-way extending from
the north side of Oregon Road, Mattit~ck, NY; County Tax Man
Parcel No. 1000-95-1-3. Containing 47.0520 acres total.
7:50 p.m. Appeal No. 3533 -JOH~ BREDEMEYER.(Recessed
from August 14, 1986). New dwelling with an insufficient
setback from ordinary highwater mark along Orient. Harbor.
7:55 p.m. Appeal No. 3477 -WILLI~{ AND' KATHERINE HEINS.
(Recessed from August 14, 1986). Insufficient area, width and
depth of two proposed parcels'. North Side ~{ain Road, Orient,
NY; ~000-19-2-5 and 6o
Page 2 - Notice of Bearings
Regular Meeting of September 11,
Southold Town Board of Appeals
8:00 p.m. Appeal No. 3544
NY; Bailey Park Map filed
County Tax Map Parcel No.
8:10 p.m. Appeal No.
1986
- JAJ~ES F. WRRWICK.
Vari~ance to ~
lift Condition of prior Z.B.A. Appeal No. 1729 rendered March 8,
/
1973 to allow new construction of a single-family dwelling at
premises located along the south side of Fasbender Avenue, Peconic,i
September 26, 1932, Subdivision Lot ~11;
1000-67-6-7.
3534 - ROBERT WADDINGTON. Variance to
the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for permission to construct addition to existing building with
insufficient side and rear yard setbacks, at 13175 Main Road,
Mattituck, NY; County Tax ~{ap Parcel No. 1000-140-03-038. "B-l"
General Business Zoning District.
8:20 p.m. Appeal No. 3550 - JOSEPH ANU ~IND~ S'CKOENSTEIN.
Variances to the Zoning Ordinance, Articles: (a) VI, Section
100-60 for permission to expand nonconforming use of welding
business in this "B-Light Business" Zoning District; (b)
XI, Section 100-119.2(B) for permission to construct new building
and expand nonconforming welding business use within 75 feet from
wetlands area, at premises located along the south side of Main
Road, Greenport, NY; County Tax Map Parcels No. 1000-53-2-12, 13
and 15; Lots 172, 173, 174, Peconic Bay Estates Map No. 658, and
Map No. 1124 as Amended.
8:35 p.m. Appeal No. 3538 - JEFFREY BETTANCOURT. Variance
to the Zoning Ordinance, Article XI, Section 100-119.2(A) for
permission to construct inground swimmingpool with fence enclosure
and gazebo within 100 feet of top of bluff or bank along Long
Island Sound, at premises known as 2410 Grandview Drive, Orient,
NY; Grandview Estates Subdivision Lot ~5, Map NO. 7083; County
Tax Map Parcel No. 1000-14-02-3.9.
Page 3 - Notice of Hearings
Regular Meeting of September 11, 1986
Southold Town Board of Appeals
8:40 p.m. Appeal No. 3513 - STEPHEN SHILQWITZ. (Recesed
from August 14, 1986). Condominium cOnstruction within 75 fee~
of bulkhead and tidal water. West Side of 6th Street, Greenport,
NY; 1000-49-01-25.1.
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~mments may also be submitted prior to
the conclusion of the subject hearing. For more information,
please call 765-1809.
Dated: August 22, 1986.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowa!ski, Board Secretary
ATTENTION NEWSPAPERS: Please publish THURSDAY,' AUGUST '28,''1~86
and forward two a~fidavits of publication on or before Septem-
ber 2nd to: Board of Appeals, Main Road, Southold, NY 11971.
Copies to the following 8/22/86:
Personal Delivery:
Suffolk Times, Inc.
L.I. Traveler-Watchman, Inc.
By Mail 8/22/86:
Mr. and Mrs. Mark LaRosa, Box 431, Southold, NY 11971
Mrs. Sophia Greenfield, as agent for Rial Realty Corp.
P.O. Box 1505, Southold, NY 11971
Rial Realty Corp., 20 Audrey Avenue, Oyster Bay, NY 11771
Anthony B. Tohill, Esq. as Attorney for Mr. and' Mrs. W. Heins
P.O. Box 744, Riverhead, NY 11901
Mr. James Warwick, Box 367, Peconic, NY 11958
Mr. and Mrs. Eugene Kelly, 145 E. 27th St, NY, NY 10016
Mr. Peter C. Walsh, Rill Road, Peconic, NY 11958
Abigail A. Wickham, Esq. as Attorney for Mr. and Mrs. J. Bredemeyer
Box 1424, Main Road, Mattituck, NY 11952
William Moore/Richard Lark, Attorneys, for Mr. Robert Waddington
Box 973, Cutchogue, NY 11935
Richard J. Cron, Esq. for Mr. and Mrs. James Navas
Stephen R. Angel, Esq. for Mr. and Mrs. J. Schoenstein and'S. Shilowi
Box 279, Riverhead, NY 11901
Swim King Pools, Inc. as agent for Mr. J.
Route 25A, Rocky Point, NY 11778
Mr. J. Bettancou~t, 2410 Grandview Drive,
Bettancourt
Orient, NY 11957
Lawrence Storm, ~sq. for Cove Circle Association (Re: S.
33 West Second Street, Box 398, Riverhead, NY 11901
Shilowitz)
FO R~'; NO, 3
TOWN OF SOUTHOLD
BUILDiNG DEPARTMENT
TOIYN CLERK'S OFFICE
SOUTHOLD. N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated ... ~)..Cji..~..c~.'...~..~) ........ , 19.9 (~..
~cation of ProperW.. ~ ~ ~T.. ~. ~... ~ ..... 0. ¢. ~. ~ ...........
Hou~ No, S,reef Ham/er
. No. 1000 Section ....... Block .. ~t
County T~ Map * . ................................
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds..~...c~.. ~......0Da....~. ~ %...
Building Inspector
RV 1/80
TO THE ZONING BOARD OF APPEALS, TOWN OF 5OUTHOLD, N. Y.
1, ('ggM .J.~,~.~..F..,..~.~;~;Jf. ................................ of P.O. Bo× ,%67
Name of Appellc~nt Street and Number
................. ~).e~.o~&g .............................................................. ..............................-.---]~Tew York, taI:R~R¥ 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)
1
section 67 block 6 lot # 7 £.~n+ 0~ner
Map No. Lot No.
Name of Applicant for permit
of
305 Fasbender Avenue Peconic New York
Street and Number Municipality State
) PERMIT TO USE
PERMIT FOR OCCUPANCY
Granted a C.O. (then-Later) rescinded; based on covenant #1729
(May 7, 1985) (March 27,1986) ('March 8~ 1973)
LOCATION OF THE PROPERTY 3.0..5...~.a..~.b..e~.d..e.~...A.Y..e.~.q.e. ............................................................
Street Use District on Zoning Map
James F. Warwick
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.)
Board of Appeals Decision (March 8, 1973) ~1729-Covenant
( )
( )
TYPE OF APPEAL Appeal is made herewith for
A VARIANCE fo the Zoning Ordinance or Zoning Map
A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Co,s. Laws
Art. 16 Sec. 280A Subsection 3
Lifting of Covenant #1729
4. PREVIOUS APPEAL A previous appeal ¢bx~) (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 Appea~ No ................................. Dated ......................................................................
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
~ A Variance to the Zoning Ordinance
)
~s requested for the reason that
1. Covenant is out of character for area; 1. area is (and does have, contrary
to statements noted in covenant- sufficient fron~.e and acreage)2.
Covenant states re; population density (but, at least three homes have be~n
buil~within 500 feet). 3. Covenant grants accessory residential buildings;
(which 'could' change the character of the neighbQrhood), a residential
porto ~.1~1 (Continue on other side)
would not.
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical dJf~i~}ti~S ~r ~'~neces-
sary HARDSHIP because
1. Based on C.O. granted May 7, 1985 Applicant 1o applied for~ and got
2nd mortgage, a building loan, contracted for House, plans, contracted for
land graders, local contractors, etcetc. Further applicant has been
paying two separate tax bills; the deed nones two separate land parcels,
~nd the quite normal presumptzon is that the applicant could build-and to
that end made plans and expended considerable sums of money to do so.
The covenant is /was a complete surprise. The lot~according to the covenant)
would allow an enormous variety of ~other~ uses; none of wbich would be as
esthetically pleasing, and revenue gaining as a simple small(lO0~ sq ft)
home ·
2. The hardship created is UNIQUE and is not sqared by ali prope~ies aJike in the immediaCe
vicinity of this property and in this use district because
The character of the neighborhood (in contrast to the language of the
covenant has been altered (i.e 2 new homes in the past 5 years, another
rebuilt essential]y). And in an least one instance a variance was
granted in order that one of these homes could be built.
3. The Vonance wou!d observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
It would not change the character of the district. I live in the
district year round, no abuttingneighbor does, and noone within 500 feet
lives in the homes year round.
STATE OF NEW YORK
~ m,- ' ) ss
Sworn to this .............. ,~....~.L:: ............. day o{
................. _~ .................................. 19 % (-~
LOT 6
FA SBENDER AVE.
( PRIVATE ROAD )
LOT 7
LOT 8 CO
I00. O0 '
Ia
IOO. OD
LOT II
N /0/ F LAND OF CONICK
, /I-'f./g ~j~. '~ ¥o
Y. S . LIC .
p~co~c ~URv[~o~s
~ 516) 765 - 5020
P, 0. B OX 909
~AIN ROAD
SOUTHOLD ~ N . Y. 1197 I
. ,SURVEY OF
LOTS 9 8~ I0
"M~P OF BZ~ILE¥ PZ~RK"
FILED SEPT. 26 ~ ~932 FILE NO. 1097
,AT PECONIC
TOWN OF SOUTHOLD
SUFFOLK COUNTY , N.Y.
]tO 0 0 067 06 I 06
SCALE I" = 30'
AUG. 25,.198 6
NO. 49668
ENGINEERS , P.C.
Prepered [r~ accordance with the minimum
standards for title surveys as established by
{'h~ t_.LA:LS, and approved and adopted
{%r such use by The New York State Lane1
Title Association.
86 485