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HomeMy WebLinkAbout3500CASEf MRS. PAULINE Sterling Street August 18, Greenport, NY Page 1 1960 GRANTED permission to reduce frontage and divide into two lots, east side Cedar Avenue, East Marion. Southold Town Board of Appeals MAIN RnAD- STATr RI:3AD 25 BrluTHI3LD, I-.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING ~OARD OF APPEALS Appeal No. 3500 Application Dated April 28, ]986 TO: Henry S. Saxstein, Esq. as Attorney for MR. AND MRS. NORMAN REICH 747 East Main Street Riverhead, NY 11901 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June 25, 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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-31, Bulk Schedule [ ]:~'Re~estl~for Application of NORMAN REICH for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct deck addition with insufficient rearyard setback at 655 Cedar Drive, East Marion, NY; County Tax Map District 1000, Section 22, Block 2, Lot 41. WHEREAS, a public hearing was held and concluded on May 22, 1986 in the Matter of the Application of NORMAN AND KAREN REICH under Appeal No. 3500; and WHEREAS, the board members have familiar with the premises in question, the surrounding areas; and personally viewed and are its present zoning, and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded~ and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the easterly side of Cedar Drive ~n,~he H~mlet ~f East.,Mar~on~ Ne~.York, and is identi- fied on the Suffolk County Tax Maps as District 1000, Section 22, Block 2, Lot 41. 2. The subject premises consists of a total area of 12,000 sq. ft. with 100' lot width (road frontage) and depth of 120 feet, and is improved with a single-family, one,story dwelling with a frontyard setback of 35± feet, as shown by survey dated May 19, 1978, prepared by Roderick VanTuyl, P.C. (CONTINUED ON PAGE TWO) DATED: June 25, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3500 Decision Rendered June 25, 1986 Matter of NORMAN AND KAREN REICH 3. By this application, appellant requests approval of an existing 12' by 20' deck at the rear of the existing dwelling with an insufficient rearyard setback of 31 feet. 4. Article III, Section lO0-31, Bulk Schedule "A" of the Zoning Code requires a minimum 35' setback from the rear property line. 5. It is the opinion of the board members that the variance is not substantial, being ~2% of a variance from the requirement. In considering this appeal, the board also finds and deter- mines: (a) that the practical difficulties claimed are sufficient to warrant this variance; (b) the circumstances are unique and are not shared by other properties existing generally in the neighborhood, (c) there will be no ~ubstantial change in the character of the neighborhood, or detriment to adjoining properties; (d) the difficulty cannot be obviated by some method feasible for appellants to pursue other than a variance; (e) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will best be served by allowing the variance as conditionally noted below. Accordingly~ on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3500 for approval of an 12' by 20' deck with an insufficient rearyard setback at 31 feet, as applied in the Matter of NORMAN AND KAREN REICH, B~E AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck in question not be enclosed or covered; 2. That the rearyard setback not be less than 31 feet as applied. Vote of the Board: Ayes: Messrs. (Chairman Goehringer abstained and Member resolution was duly adopted. Sawicki, Douglass and Doyen. Doyen was absent.) This lk GERARD P. GOEHRINGER, CHAIRMAN June 26, 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 Soutb~ld Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:20 p.m. on TNURSDAY, MAY 22, 1986 and as follows: 7:35 p.m. Appeal No. 3399 - JOSEPH AND ANN PACELLI. Variance the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule~ for approval of insufficient area, depth and width of three parcels referred to as Lots #1, 9 and I0, Map of Bayside Terrace, Southold, NY; Lot #1 located along the south side of North Bayview Road, and Lots #9 and #10 located along the east side of Summer Lane; County Tax Map District 1000, Section 78, Block~ 9, Lots 1 and 16. 7:40 p.m. Appeal No. 3492 - JOYCE TESE. Variance to the Zoning Ordinance, Article ItI~ Section 100-32C, for permission to locate accessory three-car garage in frontyard area, at 800 Jackson Street, Yew Suffolk, NY; County Tax Map District 1000, Section 117, Block lO, Lot 5. 7:45 p.m. Appeal No. 3498 GREENPORT N.Y. CONGREGATION OF JEHOVAH WITNESSES. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[2] for permission to constr~ct addition and establish same for religious, library use, at 1345 Indian Neck Lane (a/k/a 50 Spring Lane), Peconic, NY; County Tax Map District 1000, Section 86, Block 5, Lot 1. 7:50 p.m. Appeal No. 3504 GREENPORT HOUSING ALLIANCE. Variance to the Zoning Ordinance, Article III, Section 100-3i for permission to locate new single-family dwelling with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Street, Greenport, NY, Map of Greenport Driving Park, Lot #369; County Tax Map District 1000, Section 48, Block 3, Lot 16. 7:55 p.m. Appeal ~o. 3500 NORMAN REICH. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct deck addition with insufficient rearyard setback at 655 Cedar Drive, East Marion, NY; County Tax Map District 1000, Section 22, Block 2, Lot 41. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 22, 1986 8:00 p.m. A~peal No. 3483 - PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ord~inance, Article III, Sectio~ 100-32 for permission to locate accessory garage/storage building in frontyard area at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6~ Lot 8. 8:05 p.m. Appeal No. 3065 - JOHN M. <ERBS. Variance ~o the Zoning Ordinance, Article III, Section 100-3~, Bulk Schedule, for approval of insufficient area of three parcels in this proposed four-lot minor subdivision located along the south side of ~iddle RoaO (C.R. 48), Southold, NY; County Tax Map District 1000, Section 55, Block 3, Lot 3. 8:15 p.m. Appeal No. 3418 - GRETCHEN HEIGL (Recessed from April 3, 1986). 8:20 p.m. Appeal No. 3493 WELLS PONTIAC-CADILLAC. Variances to the Zoning Ordinance, Article VI: (a) Section lO0-60(C)[2](a) for permission to erect ground sign exceeding maximum 6'6" hei§ht requirement, and exceeding height requirement of t5'6 from ground to upper edge of sign; and (b) Section 100-60(C)[2](b)[4] for permission to place wall sign with orojection of more than one foot, at 42155 Main Road (a/k/a 20 Peconic Lane), Peconic, NY; County Tax Map District 1000~ Section 75, Block l, Lot t4. 8:25 p.m. Appeal No. 349! DONALD J. GRIM. Special Exception of the Zoning Ordinance, Article IX, Section 100-90 for permission to construct storage building and establish outside stockpiling of material uses in this "C-l" Heavy Industrial Zoning District. Location of Proper~y: Lot #2, (Pending) Minor Subdivision #450 of L.B. Glover, sou~h side of Ore§on Road, Cutchogue; County Tax Map District lO00, Section 83, Block 3, Part of Lot 4.4, containing 4.59 acres. 8:30 p.m. Appeal No. 3477 KATHERINE AND WILLIAM HEINS. Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule for approval of insufficient area, width and depth of'two parcels in this proposed division located along the north side of Main Road, Orient~ NY; County Tax Map Parcels No. 1000-19-2-5 and 6. 8:45 p.m. Appeal No. 3501 NORTH FORK WELDING/SCHOENSTEIN. Variances to the Zoning Ordinance, Articles: (a) XI, Section Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 22, 1986 lOO-llg.2(B) for permission ~o locate new building within the required 75' setback from wetlands area, (b) VI, Section 100-60 for permission to expand nonconforming use of welding business in this "B-Light" Business Zoning District located along the south side of Main Road, (S.R. 25), Green~ort,~NY; Cou~%y Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay Estates Map #658, and Map #1124 as Amended. 8:50 p.m. Appeal No. 3471 from May l, 1986). NICHOLAS TSIRKAS (Recessed 8:55 p.m. Appeal No. 3497 MARJORIE D. PETRAS. Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to construct addition in excess of maximum-permitted 20% lot coverage requirement, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 9:05 p.m. Appeal No. 3507 NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A) for permission to locate swimmingpool with deck and fence enclosure within 100' of bluff area along Long Island Sound, at 2200 Sound Drive, Greenport, NY~ Lot #118, Map of Eastern Shores, Section 4; County Tax Map Parcel No. 1000-33-1-16. 9:10 p.m. Appeal No. 3458 NORTH ROAD ASSOCIATES. Variance to the Zoning Ordinance, Article III, Section 100-31 [or Article XIII, Section t00-136(E)] for ~pproval of three parcels having insufficient area, and proposed Parcel #3 having insufficient depth, located on private right-of-way off the north side of Main Roaa (S.R. 25), Orient, NY; County Tax Map Parcel No. 1000- 018-4-1 (1.1). The Board of Appeals will hear at said time and place all persons or reoresentatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: April 16, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thursday, MaS 15, 1986 and forward two affidavits of publication on or before May 19th to: Board of Appeals, Main Road, Southold, NY 11971. lk NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southoid, the following public hearings will be held in addition to those 2reviously advertise~ by the SOUTHOLD TOWN BOARD OF APPEALS at ~he Southold Town Nall: Main Road, Southold, NY at a Regular Meeting on THURSDAY, MAY 22, 1986: 8:10 p.m. Appeal No. 3506 ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISES. Variance to the Zoning Ordinance, Article XI, Section = lO0-119.2(B) for permission to locat~ attached deck and seafood holding tanks within 75' of high water and bulkhead, at 62140 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-2; Lewis Homes Co., Inc.. Filed Map #535, Lots 1-9 inclusive. 8:50 p.m. Appeal No. 3509 - HOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Article: (a) III, Section 100-21, Bulk Schedule, for permission to construct addition with an insufficient sideyard setback, and (b) XI, Section lO0-119.2(B) for permission to locate addition within 75' of ordinary highwater mark and bulkhead, at 250 Blue Marlin Drive, Greenport, NY; Southold Shores Map #3853, Lot #3; County Tax Map Parcel No. 1000-56-07-21. Dated: April 16, 1986. GERARD P. GOEHRINGER, CHAIRMAN (516) 765-1809 ATTENTION NEWSPAPERS: Please publish Thu~d__a_x~..Ma~ 15tl] two affidavits of publication on or before May 19th to: Appeals, Main Roa~, Southold~ NY; (516) 766-1809. and forward Board of TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated . ~,~... .... Jet. x-,.........~ ~ ,, 19 .~. ~.~'. for pe~mi, To ~..~...~...&..~...~.4~ .~. ~.~..~... ~t ~ . Location of Properly . ~'a~ ~. ~~,~ ~,~ .... Ho~e No. Street Hamlet County Tax Map No. ~000 Section ... ~, ~. ~ .... Bloc~ ..... ~ ~ ..... ~t ,.. ~ ( ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. ~ .'.c~......L~,...~..~ . . . /..~.. :.~..(.. ~... ~..~.,~....k~...)~. ~ ..~.. ~. ~. _h.~. ~....,~. ,~.~ .......... Building Inspector Rv t/80 -'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-'1802 Approved ...... ~?;~:%'r" :~,~,: 19..'. Permit NO; Disapproved ' .... l ~{~ fl ~ ................................ (Bui/ding Inspector) APPLICATION FOR. BUILDING PERM ~T TOWN __O_F $OUTHOL? Received ........... ,1 9.. Date ' - · - · .............. , 19..: INSTRUCTIONS a. This application must be completely filled in by type;vriter erin ink and submitted to the Building Inspector, with ;ets of plans, accurate plot plan to scale. Fee according tc schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stree ~r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this app c.~ .The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such peru ~hall be kept on the premises available for inspection througliout the work. e. No bufldiag shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupan :hall have been granted by the Building Inspector. .aPPLICATION IS HEREBY MADE to the Building Department for the issuance efa Building Permit pursuant to ~ ~uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances ,%gulations, for the construction of buildings, additions or alterations, or for removal or demolition herein describ, ~e applicant agrees td comply with all applicable laws, ordinances, buildin_s and ~dmit authorized inspectors on premises and in buildin f a corporation) (Mailing State whether applicant is owner, lessee, agent, architect, ~ngineer, general contractor, electrician, plumber or build, ' ,~ ' (as on the tax roll or latest d) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No.. ' ..................... Plumber's License No ............. .~: ............ Electrician's License No ........................ Other Trade's License No ...................... ]. Location of land ,on which proposed work will be done .................... · .....: ...................... House'Numbei' ':'". '~:~.~ ~r,,: L Street ~ Hamlet '~"Subdivislon.; ..................... -~ ............ Filed Map No ............... Lot .............. (Name) "- "~ 2. State ex~stmg use a~.occupancy,~f premises and intended use and occup~cy of proposed constmctmn: a. Ex:sting use andoccup~cy . .:,' ' ~. ~ ,, ? ., - ... ' ' ~-~'-~ ,,~ :-' " - ~/ t/ b. ~tandea use and occnpancy ', ........ . ...... ~:.. {~. ...... ........................... 3. Nature of work (check which apl~.~ible): New Building .......... 'Addk~l ..... Alteration ......... .V... Re. pair q~ ,.: Removal Demoliti Other Work (Dcscription) 4, E~timated Cost :,. ;. ' Fee .~ ..... !~z ...' ..... ,ri;... ..., ~' (to be paid on filing this application) 5. If dwelling, number of dwelling units ................ Number of dwelling units on each floor ............... If garage, number of cars ....................................................................... 5. If business, commercial or mixed occupancy; specify nature and extent of each type of uso .................... 7. Dimensions 0fexisting structures, if any: Front ......... · ...... Rear .............. Depth .............. Height ' ' ' ............ .:.. Number of Stones ........................................................ Dimensions of same ~tructure with alterations or additions: Front ................. Rear ................. Depth ................ Height ' . . Number of Stories Dimensions of entire new construction: Front ~ .............. Rear ............... Depth ............. l-l~ioht ...... Nnmber of Stories Size of lot: Front ...................... Rear ...................... Depth .................... Date of Purchase ............................. Name of Former Owner ........ . ................... Zone or use district in which premises are situated .................................................... Does proposed construction violate any zoning law, ordinance or regulation: .............................. Will lot be regreded ... '. ........................ Will'exeess fill be removed from premises: Yes N Name of Owner of premises .................... Addres~ ................... Phone No ............... Name of Architect ........................... Address ................... Phone No. .............. Name of Contractor .......................... Address ................... Phone No .............. -8. 10. 11. 12. 13. 14. Locate clearly and distinctly all buildings, whether existing or p~oposod, 'and. indicate all set-back dimensions fro, proper .ty lines. Give street and block number or description according to deed, and show street names and indicate wheth, interior or coruer lot. STATE OF N~tz~R~.,K,./ S'S ~[.~,~. ~, ".. ~c~. ....................... being duly sworn, deposes and says that h, is the applicon ~ ~ · (Name of individual si~ing contract) above nme& He is the ........... (Contractor~ agent, corporate officer, etc.) of said owner or owners, ~d is duly authored re perform or have peffomed the mid work application; that all statements centred ~ this application are true to the best of his ~owledge and be~ef; and that t~ ~ork will be perfomed in ~e m~ner set for~ La the application filed therewith. . ~wom to before me this To~ C~~P~;~hldFROM DECISION OF BUILDING INSPECTOR TOWN OF SOUTHOLD, NEW YORK TO THE ZONING BOARD. OF ARI~EALS TOWN OF SOUTHOLD, N..Y , . ,, (We, ...... ,,,~..~,~,~..- ........... o,,.....~.,..~~.,.~.~.~..~ ............ N~me ~of-~ell~t ~ '~ Street 'and Numar ......................................................... H[R[SY A~C TO · BE ZQNING BOARD OF APPEALS ERQM THE -DECISION OF~H[-~UILDI~ IN~PE~ ON . . .... : ................................. _._,..: .......,,.,...., ................. WHEREBY THE BUILDING IN:~3~TOR DEN'IED TO ....... : .... . ~ Name of Appl cant for permit , ~ , ~ ] / Street and Number Municipality State () PERMIT TO USE ,. LOC*~,o~ o~ ~ ~o~...~.~.t~ .......... ~ ..................... Street ~se District on Zoning Mop ..... ~ ........... ~.~ .............. ~.t ...................... ~,~,,, MaD No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoninfl Ordinance b,y number. Do not quote the Ordinance.) ~:J~,eJc ~ ~_e~,_+~o~ fe~:)--3/ 3. TYPE OF APPEAL Appeal is made herewith for (/~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A_~VARtANCE ~ ,u~,~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) ~been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ..................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties ~r'~n~es- sar~ HARDSHIP because ~' ~ i fJ'~ '~--~ ,~ ~-~ ~, ~ 21 The hardship created is UNIQUE and is not shared by all p[opertieS alike, in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF -~F, gJ~. )