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HomeMy WebLinkAbout3534 SOuthold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3534 Application Dated July ]6, ]986 TO: William D. Moore, Esq. as Attorney for ROBERT WADDINGTON P.O. Box 973 - Main Road Cutchogue, NY 11935 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on 0ct0ber ]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 III, Section 100-31, Bulk Schedule and Article VII, Section lO0-71, Bulk Schedule [ ] Request for Application of ROBERT WADDINGTON for a Variance to the Zoning Ordi- nance, 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 Map Parcel No. 1000-140-03-038; "B-l" General Business Zoning District. WHEREAS, a public hearing was held and concluded on September 1986 in the Matter of the Application of ROBERT WADDINGTON under Appeal No. 3534; 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. The premises in question is a described Parcel containing a total area of 16,580 sq. ft. and frontage along the north side of Main Road, Mattituck of 84.22 feet, lot width along the rear property line of 63.66 feet, and average lot depth of 221 feet. 2. The subject premises is located in the "B-l" General Business Zoning District and is presently improved with a structure as shown by survey amended June 30, 1986 submitted with the~ppl~dation with floor area of 3200± sq. ft., having setback of 14 feet from the westerly side line, 18 feet from the easterly side line, five feet from the northeast corner of the existing building to the closest point at the northerly portion of the easterly side line, and 89± feet to the rear property line. 11, (CONTINUED ON PAGE TWO) DATED: October 10, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appeal No. 3534 Matter of ROBERT WADDINGTON Decision Rendered October 10, 1986 3. By this application, appellant requests permission to locate a 70' by 30' wide addition at the rear of the existing building with an insufficient sideyard setback from the easterly property line (at its closest point) at two feet and with an insufficient rearyard setback at 19 feet (at its closest point). The westerly sideyard area along the proposed addition will remain open and unobstructed 30 feet in width for turnarounds and manuevering of vehicles and equipment. 4. Article VII, Section lO0-71, Bulk Schedule of the Zoning Code requires a minimum sideyard at 25 feet, total sideyards at 50 feet, and minimum rearyard at 35 feet. The relief requested for the easterly sideyard is 23 feet, or 92% of a variance from the requirement. The relief requested for the total sideyards is 18 feet, or 36% of the requirement. The relief requested for the rear yard is 16 feet, or 55% of the requirement. 5. It is the consensus of the board that the easterly side yard must remain open five feet to allow for necessary access for emergency reasons, and therefore condition this approval on a minimum sideyard at the easterly side at five feet and total sideyards at not less than 35 feet for the new addition. In considering this appeal, the board also finds and deter- mines: (a) the circumstances of the property are unique and lend to the practical difficulties; (b) the variance as condi- tionally granted will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience, order of the town; (c) there will be no substantial detriment to adjoining properties; (d) the relief requested is not substantial; (e) in view of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that a Variance for an insufficient easterly sideyard setback at five feet, insufficient total sideyards at 35 feet, and insufficient rearyard setback at 19 feet, for the proposed addition applied in the Matter of the Appli- cation of ROBERT WADDINGTON under Appeal No. 3534, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Easterly sideyard setback of new addition to be not closer than five feet, open and unobstructed; 2. Northerly rearyard setback of new addition to be not closer than 19 feet as applied; 3. Westerly sideyard not closer than 3.0 feet as all times; setback of new construction to be applied, open and unobstructed at 4. Withdrawal of Appeals No. 3100 and 3lO1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent due to illness.) This resolution was duly adopted. RECEIVED AND FILED BY TI~ SOUTHOLD TOWN CLERK DATE/~ -/~-~ HOUR 9:oo '~; Town Clerk, Town o! Southolcl October 13, 1986 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 B©ARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on SEPT~MB___E~.ll,: '~986, and as follow: 7:35 p.m. Appeal No. 3540 MARK ANU L'O'RR~INE ~aROSA. Variance to the Zoning Ordinance, Article XI, Section 100- 119.2(B) for permission to construct deck addition at rear of ekisting dwelling within 75 feet of ordinary highwater mark along "Horton Creek," located along the north side of Albo Drive, Laurels NY; County Tax Map Parcel No. 1000- 126-2-12. 7:40 p.m. Appeal No. 3541 -' RIAL 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 MaD Parcel No. 1000-95-1-3. Containing 47.0520 acres total. 7:50 p.m. Appeal No. 3533 - ~OHN 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 ~EINS. (Recessed from August 14, 1986). Insufficient area, width and depth of two proposed parcels. North Side ~ain Road, Orient, NY; 1000-19-2-5 and 6. Page 2 - Notice of Hearings Regular Meeting of September 11, Southold ToWn Board of Appeals 1986 8:00 p.m. Appeal No. 3544 -J~MES F. WARWICK. Variance 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, NY; Bailey Park Map filed September 26, 1932, Subdivision Lot ~11; County Tax Map Parcel No. 1000~67-6-7. ~' 8:10 p.m. Appeal No. 3534 -' ROBERT-- WADDINGTO~N. Variance the Zoning Ordinance, Article IIII Section 100-31, Bulk Schedule, ~ for permission to constrUC~ addition to existing buildin~th insufficient side and rear yard setbacks, at 13175 Main , 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 AND LTND~ SCHOENSTEI_~N. 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 wetdi~ig 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, NY; Grandview Estates Subdivision Lot 45, ~ap No. 7083; Tax Map Parcel No. 1000-14-02-3.9. Orient, County Page 3 Notice of Hearings Regular Meeting of September 1t, Southold Town Board of Appeals 1986 8:40 p.m. Appeal No. 3513 STEPHEN SHILOWITZo (Recesed from August 14, 1986). Condominium construction within 75 feet of bulkhead and tidal water. West Side of 6~h 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 Kowalski, Board Secretary ATTENTION NEWSPAPERS: Please publish THURSDAY, AUGUST 28, 1986 and forward two affidavits 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, Mill 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, Box 973, Cutchogue, NY 11935 Richard J. Cron, Esq. for Mr. and Mrs. for Mr. Robert Waddington James Navas Stephen Ro 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. Be~tancourt Route 25A, Rocky Point, NY 11778 Mr. J. Bettancourt, 2410 Grandview Drive, Orient, NY 11957 Lawrence Storm, Esq. for Cove Circle Association (Re: S. Shilowitz) 33 West Second Street, Box 398, Riverhead, NY 11901 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~.~ .~x~_[~.....'(. ?..~2~-~.ff-~ .......... .--.. .... ~. ~~... . ~...... ~ ..... '~ .( ............ ~. ~. . ~~ Building Ins._ ector RV 1/80 TOWN OF SOUTHOLD, NEW YORK JUL ! 61985 APPEAL FROM DECISION OF BUILDING INSPECTOR T~r~ ~ APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~(/;~) .~..o...b.~.~.t...~.~.Ct.~.~g.lLQD. ......................... of .H~i~..B.o.a~l. ..................................................... Name of Appellant Street and Number Mattituck Municipality .N..¢.W...I(g~.l% ......... HEREBY APPEAL TO 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 ,..M..~..J,.g... ~.9. ~.ct .......................... ~at.ti~uc~ ............. ~ ~...~.o.~ k. ........................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) BUILDING PERMIT LOCATION OF THE PROPERTY .1..3.~7..5~.~n~.i~.~.t.~;j~.k.g~.c~;~.~.~°~z~.Gen~ra~ Street Use District on Zoning Map Bus. 1..0..0..0..r_l...~.0..T..0..3...m0...3..8. ............................................. Current 0wrier Robert & Cornelia Waddington 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.) Article III Section 100-131 Bulk Schedule for approval of insufficient side yard and rear yard 3. TYPE OF APPEAL Appec is mode herewith for (X) 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 appea (1'~1 (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for c 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 Appellant wishes to construc~ an the existing building to accommodate the growth of his addition to business. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce proctica~dlfficu~tiesorunneces- soW HARDSHIPbecause the rear yard is 63.66 feet in width and the ordinance requires side yards totalling at least 50 feet leaving only '13.66 feet for the width of a proposed addition° To comply w~th the side yards, the proposed structure would have to be centrally located, thereby reducing rear yard area for the parking of appellant's rental equipment, which, at present, is stored in appellant's front yard. Compliance with the rear yard setback would permit construction of an addition only 13' x 55~, the dimensions of which are impractical and unusable for the use intended by appellant. A free standing accessory building would be impractical if it were to be constructed within the required setbacks. The building could be only 13' wide, which is insufficient for the use intended by the appellant. This problem is created by the narrowness of the subject property and a variance ls the only means by which %o alleviate this difficulty. 2. The nardship creotedis UNIQUE and isnotshared by ail properties aii~ in ?he immediate vicinity ofthisproperty and in this use district because this parcel narrows from a frontage on Main Road of 84 feet ro 63 feet in the rear. The existing structure is located where the property narrows thereby necessitating the side yard variance for the proposed addition ~o follow the easterly building line. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proper~y is located in the business district of Mattituck which is characterized by narrow lots which are used intensively. The proposed addition would not adversely affect the charester of the district because the surrounding lots are used in a similar manner. The property is located within the established busmness district of Mattituck. The properties mn this area are small and many businesses in the area have received similar variances. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) /V Sworn to this ........... 1...s.,t. ............................. day of...~D..1.~Z ............................................ 19 86 Notary Public ~ Mo. 4835190 %ff., ~ e~:.' ~"'~ q