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HomeMy WebLinkAbout3567 Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOL. D, /.I,, N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3567 Application Dated 0ct0ber 2, TO: Mr. John Wickham Main Road Cutchogue, NY 11935 1986 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November 3, ]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 XI, Section ]00-]]9.2(8) [ ] Request for Application of THOMAS WICKHAM for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition to dwelling within 75 feet of wetlands and highwater mark along the West Side of West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-13-10. WHEREAS, a public hearing was held and concluded October 22, 1986 in the Matter of the Application of THOMAS WICKHAM under Appeal No. 3567; and on 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. This is an application for a Variance from the Provisions of Article XI, Section 100-119.2(B) for permission to extend the enclosed porch across the westerly (rear) side of the existing dwelling of an area of approximately 10' by 10', maintaining the same setback as presently exists at 79± feet from the ordinary high water mark along Wickham's Creek, as more particularly shown by survey prepared by Roderick VanTuyl, P.C. March 26, 1980. It appears that the distance from the nearest point of wetland area is 60 feet, or more. 2. The premises in question is a described parcel containing an area of 14,676 sq. ft., with 85 ft. frontage along the west side of West Creek Avenue, and 60.31 ft. frontage along Wickham's Creek in the Hamlet of Cutchogue. 3. The subject premises is located in the "A" Resi- dential and Agricultural Zoning District and is improved (CONTINUED ON PAGE TWO) DATED: November 3, 1986. Foznn ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3567 Matter of THOMAS WICKHAM Decision Rendered November 3, 1986 with a single-family structure and accessory garage located in the sideyard area. 4. Article XI, Section 100-119.2(B) requires all buildings proposed on lots adjacent to tidal water bodies other than the Long Island Sound at not less than 75 feet from the ordinary highwater mark. 5. It is the opinion of the board that the amount of relief requested is very minimal, particularly since the porch extension will be maintained at the same setback at the existing dwelling from the ordinary highwater mark. In considering this appeal, the board also finds and determines that the granting of the relief as requested: (a) will not be inconsistent with the general neighborhood; (b) will be the minimal necessary under the circumstances; (c) will not create a substantial change in the character of the area; (d) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) will serve the interests of justice. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3567 for permission to extend enclosed porch as more particularly shown by sketched survey of an area of 10' by 10' in the Matter of the Application of THOMAS WICKHAM, BE AND HEREBY IS APPROVED, PROVIDED THAT THE PORCH EXTENSION BE MAINTAINED AT THE SAME SETBACK LINE AS THE PORCH/DWELLING. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. This resolution was duly adopted. (Member Doyen of Fishers Island was absent.) lk GER D P. GOFLHRINGER~ CHAIRMAN November 14, 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 BOARD OF APPEALS at the So~thold Town Hall,'Main Ro~, Southol'd, NY'at a Regular Meeting commencing at-7:30 p.m. on WEDNESDAY, OCTOBER 22, 1986 and as follows: 7:35 p.m. BETTANCOURT. Appeal No. 3538 - Reconvene Hearing - JEFFREY 7:40 p.m. Appeal No. 3464 - TED DOWD. Variances to the Zoning Ordinance, .Articles III, Section 1-00-31, and XI, Section 100-11'9.2 for permission to locate new si-ngl-e-family dwelling: (a) with an in'sufficient frontyard setback; -(b) with an insufficient sideyard setback, -(c) with an insufficient rear- yard'setback, (d) with total-lot coverage in excess of maximum-permitted 20%; ' (e).with insufficient setback from tidal wetlands. Location of Property: -350 Rabbit Lane, East Marion; County Tax Map Parcel No. 1000-31-18-8. '. 7:45 p.m. Appeal No. 3552 ;'JOHN SENKO (by G. Strang). //~7:50 P.m. A~eal No. 3567 ~O~S~'Wi~KHA~. Variance"to ~// the Zoning Ordinance, Article XI, Section 100-119.2 for permission~ to construct addition to dwelling within 75 feet of wetlands.'and highwater mark along the Wes~Side of West Creek Avenue~ ~Cutchogue, NY; County Tax Map Parcel No. 1000-103-13-10.. 7:55 p.m. Appeal No. 3563 ;'RITA F. GLEDICH. Variances to the Zoning Ordinance, Articles III, Section lO0-31, Bulk Schedule, and XI, Section 100-119.2, for permiss'ion to construct dpen deck and dwelling addi-tians with: (a) total lot coverage in excess of maximum-permitted 20% of lot area, and (b) an insufficient setback from tidal wetlands and high~ater mark along Eugene's Creek, at the East Side of Oak Street, Cutchogue, NY; County Tax Map Parcel No. 1000-136-1-46. 8:05 p.m. Appeal No. 3550 JOSEPH AND LINDA SCHOENSTEIN. Variances to the Zoning Ordinance, Arti'cles: (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 Page 2 - Notice of Hearings Regular Meeting October 22, 1986 Southold Town Board of Appeals and expand nonconforming welding business use within 75 feet of wetlands area, at premises located along the south side of Main Road, Greenport, NY; County Tax Map Parcels No. 1000-53-2-12, 139 15.1 (15); Lots 172, 173, 174, Peconic BaS Estates Map No. 658, and Map No. 1124 as Amended. 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 comments may also be submitted prior to the conclusion of the subject hearing~ .For more information, please call 765-1809. Dated: October 2, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, B~ard Secretary ~opie~ to the following on or about 10/9/86: Mr. J. Bettanco'ur~, 417 West 21st Street, NY, NY lOOll Mr. T. Dowd, Box 282, Rabbit Lane, East Mari~n~ NY 11939 Mrs. Harriett Moor, 34-20 83rd St., Jackson Heights, NY 11372 Mr. G.A. Strang, Agent for John Senko,' Box 1412, ~Southot'd, 'NY 11971 Mr. J. Wickham, Agent for Thomas Wickham, Main Road, Cutchog~e, NY Mrs. Rita F.-~ledich, 83 Algonquin Avenue, Massapequa, NY 11758 S.R. Angel~ Esq., for the ~pplicants, Box 279, 108 E. Main St~ J.K. McLaughlin, Esq., ~repnesenting opposition), 828 Front St, Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board ZBA Dffic~ Bulletin Board ZBA Individual Files ZBA Members 11935 Riverhead Greenport FORM NO. $ TOWN OF SOUTttOLD BUILDING DEPARTMENT TOh~N CLERK'S OFFICE $OUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date October I 19.8.6., To .. Hr.,..J.o.h ~...W.i.q k..h.a.m. ............. West Creek Avenue Cutchogue, ~¥ 11935 PLEASE TAKE NOTICE that your applicalion dated 0c to be r 1 19 .8.6... for permit to ..c.o.n. struct addi ti on to dwel 1 ing . at Location of Prop~ty ............... ~J ./.s..W.e..s.t..C.r..e.e.k..A..v.~.n.u.e. :..C.u.t..c.h.o.g.u..e .......... House No. Street Ham/et County Tax .lVlap No. 1000Section .... !.0.3 ....... Block 13 Lot ' 10 Subdivision. - ' ~ Filed Map No. - - - - Lot No. - - -- is returned herewith and disapproved'on the ~tlowing grounds .................... , ........... Article 97, Section 97-23 Town Trustees Articl. e XI, Section 100-119.2 Zoninfl Board of Appeals - variance ...... water mark. Building Inspector Rv ' ~TowN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~-~ 7 DATE ...~..,.~...,../,~ ~-~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, (We) ...~..,~.......~.....,~..~..~...~.....~..-..~..,~ ............. of ~; ~ ~ - · ~t Name of Appellant _ Street and Number .........." -- ........................................ St ,e-- .......... HEREBY APPEAL TO 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 ..........................................................Street and Number '/~'icip~l~/~y .................... ~'~/' ..................... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .......... .~'.....~...~.. .................... ~ ................... :.: ....................... Street Use District on Zoning Map .............. J.~...~ ................ l..'~ ............. (....~.. .............. Current 0~ner 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.) 3. TYPE OF APPEAL Appea is made herewith for ( ~ 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 appeo r~.~,~.) (has not) been made with respect to, this decision of the Building Inspector or with respect to this property. Such appeai was ( ) request for e special ~ermit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( J~A Variance to the Zoning Ordinance ( } ~s requested for the reason that Form Z~I (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2 The hardship created is UNIQUE and is not shored by alt properties aJike in the immediate vicinitz of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance ana WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK COUNTY OF ss Signature Sworn to this day of ..........'~)-~.-~b~ ......................... i9~/~. ~ ? Nbtary PulSlic PUBLIC, ~tate of ~ew Y~ No, 524524771 FORM NO. 3 TOWN OF SOUTItOLD BUtLDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To ..~r~.flAh~.~.i.q~h~ ............. West Creek Avenue Cutchogue, NY 11935 Date .. October 1 19.8.6 .... PLEASE TAKE NOTICE that your application dated 0 c t o b e r 1 .8.fi .......................... ,19 .., for permit to construct addition to dwelling at W/s West Creek Avenue, Cutchogue Location of Proper House No. ' ..... Street Hamlet '10 County Tax Map No, 1000 Section 10 3 Block 1 3 Lot ,. ,,, ........... Subdi~on .... - ' - . ...... Filed Map No ....... T 7.'.q ..... Lot No. = - ~ - . ...... is returned herewith and disapproved;on the ~llow~g grounds ..................... ;' ........... Article 97 Section 97-2~ Town Trustees Article XI, Section 100-119.2 Zoning Board of Appeals - variance re§uired for const~.uction within 7.~.~.~.~.~.~q~.~.~q.~.~ ...... water mark. Buil~ting Inspector RV 1/80 ' -.