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HomeMy WebLinkAbout3515Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3515 Application Dated May 19, 1986 TO: Mr. Charles Hydell 36570 Main Road Cutchogue, NY 11935 [Appellant(s)] Mr. Joseph Lizewski, Main Road, Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on July 31, 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 XI , Section 100-118(B) Article III, Section 100-30 [ ] Request for Application of HOWARD REINHART AND CHARLES HYDELL for a Variance to the Zoning Ordinance, Article XI, Section 100-118(B) and Article III, Section 100-30(A) for permission to use existing building for woodworking shop and sales in this "A-40" Residential and Agricultural Zoning District. Location of Property: 43305 M~n Road, Peconic, NY; County Tax Map Parcel No. 1000-75-01-16. WHEREAS, a public hearing was held and concluded on July 17, 1986 in the Matter of the Application of HOWARD REINHART and CHARLES HYDELL under Appeal No. 3515; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding area; 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 documenta- tion submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is a described parcel of land containing an area of 43,560± sq. ft. and lot width of 185± feet, and lot depth of 240± feet, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 75, Block 1, Lot 16. 2. The subject premises is improved with three structures as depicted by sketch submitted with this application. The building in which the applicant proposes to establish this carpentry use is located in the rear of the property which appears to be set back 16± feet from the rear property line and 67± feet from the westerly property line. The subject building was and has recently been used for antique storage and auction sales. The two front buildings are used for storage and business use and are not part of this consideration. (CONTINUED ON PAGE TWO) DATED: August 20, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS P~ge 2 - Appeal No. 3515 Matter of HOWARD REINHART/CHARLES HYDELL Decision Rendered July 31, 1986 3. This is a variance from the Provisions of Article XI, Section lO0- l18(B) for permission to establish business use of a lower classification than the previous antique-sales nonconforming use, per Notice of Disapproval dated April 1986 prepared by the Building Inspector. 4. Appellant proposes to establish an area of 29'8" by 40', more or less, for carpentry working area, and an area of 29'8" by 40', more or less,both within the rear building, for sales of the handmade wooden items. Parking is proposed along the westerly side of the rear building, and although outside storage is necessary for the wooden sheds for sale, the area is not depicted. 5. It is the opinion of this board that a change from the previous antique-sales use to a carpentry woodworking and limited sales of the items handmade is practical and reasonable under the circumstances. 6. The property is located in the "A-40" Residential and Agricultural Zoning District and the existing buildings have been in existence since prior to the enactment of zoning in 1957. It is also noted for the record that by prior Appeal No. 2210, a conditional variance was granted on November 4, 1976 for the reinstatement of a public garage, although the garage use has been discontinued for quite some time. In considering this appeal, the board also finds and determines: (a) that the use proposed is unique; (b) that the use will not prevent the orderly and reasonable use of this and surrounding properties; (c) the use will not prevent the orderly and reasonable use of this district or adjacent use districts; (d) the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by this use; (e) the interests of justice will best be served by allowing the variance, as fur- ther noted below. Accordingly, on motion by Member Sawicki, seconded by Member Goehringer, it was RESOLVED, that a variance for permission to change use of existing rear building from antique auction sales to carpentry and woodworking sales and shop, BE AND HEREBY IS APPROVED AS APPLIED UNDER APPEAL NO. 3515 IN THE MATTER OF THE APPLICATION OF HOWARD REINHART AND CHARLES HYDELL, SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. If the use granted hereunder is discontinued for more than 30 days, this variance will automatically terminate and become void in its entirety. 2. Within seven days of receipt of this decision, a six-foot stockade, or slatted chainlink fence, shall be erected along the entire rearyard, commenc- ing at a point distant 100 feet along the westerly line, extending along the most northerly rear property line to the easterly line, extending a distance of 100 feet along the easterly line. Before erecting said fence, appropriate permits must be received after application to the Building Department. 3. Ail fencing must be maintained at all times in good condition. 4. Placement of any "outside storage buildings" for sale: (a) are limited within the northwesterly section of the property, commencing at a point three feet from the northerly property line, extending in a southerly direction 100 feet, with a width of 25 feet maximum (in an east-west direction 25 feet, in a north-south direction 100 feet). (b) shall be parallel to the west property line. 5. Limited to one ground sign having a maximum size of 3 ft. by 4 ft. 6. No other types of advertising, on vehicles, etc., shall be permitted. 7. No outside storage within the easterly yard or any other yard areas. 8. Use granted hereunder is limited to be within the existing rear building and within the 25' by 100' outside area at the northwest corner, only. 9. Any deviation from the above will require re-application for consideration. Page 3 - Appeal No. 3515 Matter of HOWARD REINHART/CHARLES HYDELL Decision Rendered July 31, 1986 10. Annual inspection and review by the Building Inspector as to compliance. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN To~ ~e~k, Te~ ef ~uthold ~RARD P. GOEHRI~GER, 7iRMAN 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 he]rings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY on THURSDAY, JUNE 19, 1986 and as follows: 3:30 p.m. Appeal No. 3489 - PAUL LEARY for a Reversal of Decision of the Building Inspector for Nullification of Actions to issue a Modified Permit and Demolition Permit, and that the property owners be left to regular procedures of law, to be allowed only after review by the Board of Appeals and in accord- ance with all provisions of law. Name of Owners/Location of Property: FRANK E. AND MARY BROPHY, 75 Second Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-I0-20.7. (Recessed from 5/1/86) 7:40 p.m. Appeal No. 3499 - DANIEL AND LISA JEROME for a Special Exception or. the Zoning Ordinance. for approval of an accessory apart/~ent pursuant to Article III, Section lO0-30(B). Location of Property: 45125 Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-02-3.1. 7:45 p.m. Appeal No. 3502 GREGORY FOLLARI for a Variance to the Zoning Ordinances Article XI, Section lO0-119.2 for per- mission to locate new dwelling with an insufficient setback from L6ngFIsland ~ound bluff. Location of Property: North Side of Sound Drive, Greenport; '!Map of Section Four-Eastern Shores" Lot #117, Map No. 4586; County Tax Map Parcel No. 1000-33-1-15. 7:50 p.m. Appeal No. 3508 DAVID MOORE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate new pool, deck and fence ar~as with an insufficient set- back from Long Island Sound bluff. Location of Property: North Side of Soundview Avenue, Sou~hold, NY; County Tax Map Parcel No. 1000-51-4-17. p.m. Appeal No. 3515 HOWARD REINHART and CHARLES HYDELL 7:55 for a Variance to the Zoning Ordinance, Article XI, Section lO0-118(B) and Article III, Section lO0-30[A) fo~ permission to use existing building for woodworking shop and sales in t~is "A-40" Residential and Agricultural Zoning District. Loc~tion of Property: 43305 Main Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting June 19, 1986 Road, Peconic, NY; County Tax Map Parcel No. 1000-75-01-16. ) 8:00 p.m. Appeal No. 3516 ALBERT J. BODENSTEIN for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to construct addition with an insufficient setback from the closest northerly property line as shown by sketched survey dated April 22, 1986. Location of Property: 6135 Indian Neck Road, Peconic, NY; County Tax Ma~ Parcel No. 1000-86-6-19. 8:05 p.m. Appeal No. 3424 ELEANDR LEONARD for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of two contiguous parcels, having insufficient area, width and depth. Location of Property: Along Right-of-Way off the east side of Bay Home Road (and along the end of Willow Point Road), Southold, NY; County Tax Map Parcels No. 1000-56-5-39, 40, and 41. 8:10 p.m. Appeal No. 3518 MARJORIE D. PETRAS for a Variance to the Zoning Ordinance, Article XI, .Section 100-119.2 for insufficient setback of proposed additions from bulkhead along Corey Creek, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 8:15 p.m. Appeal No. 3505 - RALPH AND LUCILLE STOCKER for a Variance to the Zoning Ordinance, Article III, Section 100-31 for ~ermission to locate proposed new dwelling with an insufficient frontyard setback. Location of Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport, NY; Cleaves Point, Section 3, Map No. 4650, Lot 59; County Tax Mao Parcel No. 1000-35-5-28. 8:20 p.m. Appeal No. 3513 STEPHEN SHILOWITZ for a Variance to the Zoning Ordinance, Arti.cle XI, Section 100-119.2(B) for permission To construct condominium complexes within 75' of bulkhead or tidal water. Location of Property: West Side of Sixth Street, Greenport, NY; County Tax Map Parcel No. 1000- 49-01-25.1. Zoning District: "M-Light-Multiple." 8:30 p.m. Appeal No. 3510 RICHARD AND RUTH ZEIDLER for a Variance to the Zoning Ordina'nce, Article XI, Section 100-119.2(B) for permission to locate proposed pool, deck and fencing within 75' of bulkhea or tidal water. Location of Property: 100 McDonald's Crossing off the South Side of Peconic Bay Boulevard, Laurel, NY; Edgemere Park Lots 12, 13, and 14; County Tax Map Parcel No. 1000- Page 3 Southold Regul ar Notice of Hearings Town Board of Appeals Meeting - June 19, 1986 145-4-15. 8:40 p.m. Appeal No. 3524 PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate marine fuel-storage tank structures in this "C-Light" Industrial ~oning District with an i'nsufficien~ setbac.k from landward edge of tidal wetland and from ordinary hignwater mark, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6~1. 8:45 p.m. Appeal No. 3525 - PORT OF EGYPT ENTERPRISES for a Special Exception to the Zoning Ordinance, Article VIII, Section IO0-80IB) for permission to install/relocate marine fuel-storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. 8:55 p.m. Appeal No. 3512 SAMUEL BAILS for a Variance to the Zoning Ordinance, Article III, SectionilOOJ31, Bulk Schedule, for permission to construct deck addition and roof over cellar stairs which exceeds the maximum-permitted 20% roof overhang will reduced sideyard setback to permitted. Location of Property: 1980 Sigsbee NY; County Tax Map Parcel No. 1000-144-01-015, lot coverage and less than that Road, Mattituck, 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 hearing in question. For more informa- tion, please call 765-1809 (alt. 1802). Dated: ~une 9, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish !hursday, June 12, 1986 and forward two affidavits of publication on or before June 17th to: Board of Appeals, Main Road, Southold, NY 11971. lk FORM TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTJd©LD, N.Y. NOTICE OF DISAPPROVAL ..... .~.~.....~.~ ......... ~9 .~... PLEASE TAKE NOTICE that, your applicatfon dated Hoose N . St~et Ham/et County TaxMap No. ~O00~ion ...~.~.~.,, Block ...~/'. ..... ~t . ~Z~ ...... Subdivifion ~ Filed Map No. Lot No.. is returned gerewi~ and d~sapproved on the foltow~g grounds..~~. ?~.~C. ,' ,~, a~. ~ ~...~~ ........... ,~ - Bui!dxng Inspeczor Rv 1/80 j~PEAL~ROM DECISION OF BUILDING INSPECTOR APPEAL NO. DAmE ~..~.~?. ~...,~7... ,../.~ TO THE ZONING BOARD OF APPEA~, TOWN OF S~THOLD, N. Y. ,, ................. of .............................. Name of Appellent Strut and Number ........... ~unici~lity ....... THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOP~DENIED- TO Name of Applicant for permit of ......... ...... ........ ........ Street and Number Municipality Stat/e ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY ..~...~_~..~...o.~......~.~./..~...~..~..Z~.~..Z.~./~ ............................................... Street Use District on Zoning Mop c..~25 .Y../.~.A..'.x..~}~, ..L ~....~ ~.~ .t... ~.7. ?.i. ~.~...,~. 7. ~ ....... Current 0~ner Mop 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 Appeal 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 ~rewous appeal J~s) (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 oermit ( ) request for a variance and was made in Appea No ................................Dated ..................................................................... /N REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requestea for the reason that W'/~: ~/~u~c~ .4,~ /~,4Ar ~F ~ .W~s ~/ Form (Continue on other side) REASON FOR APPEAL Continued 1 STRICT AppLICATION OF THE ORDINANCE would produce practical difficulties or~ unne¢~ sary HARDSHIP because 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicJn~t~ of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and. WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW,YORK ) /?~.'~./ . ~- ~-~,~' ~'~z~c~''" ' ~/' ," ' COUNTY OF~/~¢~/~ ~ ~ Signature Sworn to this ............ ~' ................................ aay of .......................................... '9~'~ Notary Public OWNER TOWH OF, $OUTHO~D PROPERTY RECORD CARD STREET VILb\GE SUB. LOT OWNER S / E ACR. 'TYPE OF BUlL.DING RES. SEAS. VL. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS ?00 . AGE NEW FARM Tillable 1 Tillable 2 Tillable 3 WoodJand Swampland Brushland House Plot Total NORMAL BUILDI NG/CON DITI ON BELOW PcerePer ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROA~"-- DEPTH BULKHEAD DOCK -_xtens~n Extension Porch Porch Gavoge Total Foundation__ ___Basement Ext, Walls Fire Place Type Roof Recreation Room Dormer Driveway Bath Floors Interior Finish Heat Roams ]st Floor Rooms 2nd Floor