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HomeMy WebLinkAbout3448 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11S71 TELEPHONE (516) 765-1809 ACTION O~.,THE ZONING BOARD OF APPEkLS Appeal No. 3448 Application Dated December 23~ ]985 TO: Riverside Homes, Inc. 1159 West Main Street P.O. Box 274 Riverhead, NY 11901 (Public Hearing 2/6/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on MarCh ]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 ]00-3], Bu]k Schedule [ ] Request for Application of RIVERSIDE HOMES, INC. for a Variance to the Zoning Ordinance, Article II'I, Section 100-31, Bulk Schedule, for permission to locate new dwelling with insufficient front and rear yard setbacks. Location of Property: East Side of Private Road (off the south side of Soundview Avenue), Peconic, NY; identified on the Suffolk County Tax Maps as District 1000, Section 59., Block 9, Lot 18. WHEREAS, a public hearing was held and concluded on February 6, 1986, in the Matter of the Application RIVERSIDE HOMES, INC. under Appeal No. 3448; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted that there has been no public opposition; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its presenting zoning, and the surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 9, Lot 18, and is located along the east side of a private right-of-way 102 feet south of Sound View Avenue at Southold, New York. 2. The subject premises is vacant land and consists of a total area of 15,415 sq.. ft., with 150' frontage along the private road and an average depth of 102.34 feet. 3. By this application, appellant requests permission to locate a single-family dwelling with an insufficient frontyard set- back at not less than 30 feet and insufficient rearyard setback at not less than 28 feet, as shown on survey dated December 27, 1984, prepared by Young and Young. 4. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires a minimum frontyard setback of 35 feet, (or the average of the established within 300 feet on the same side of the street, per Section 100-33), and requires a minimum rearyard setback of 35 feet, for lots located in this "A" Residential and Agricultural Zoning District. DATED:(CONTINUED ON PAGE TWO) CHAIPJ~AN, SOUTHOLD TOm ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 Appeal No. 3448 Matter of RIVERSIDE HOMES, INC. Decision Rendered March 10, 1986 5. It is the opinion of the board that sufficient practical difficulties have not been demonstrated to warrant a granting of the variances as applied; however, a reduction for a 32' minimum front yard and a 30' minimum rearyard would not be unreasonable under the circumstances. In considering this appeal, the board finds and determines: (a) that the relief as granted is not substantial in relation to the requirements, being 10-15% of a variance; (b) that the circumstances are unique since there is a dwelling established at premises to the north w~th a frontyard setback at 31+ feet at its closest point; (c) that the public health, welfare, safety, order and convenience of the town will best be served by allowing the variance as amended by this board; (d) that by allowing the relief as amended below, a substantial change would not be created in the character of this neighborhood; (e) that the spirit of the zoning ordinance and interests of justice would best be served by granting the variances as amended and noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT relief applied under Appeal No. 3383 in the Matter of the Application of RIVERSIDE HOMES, INC., SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: 1. That there be a minimum frontyard setback at not less than 32 feet; 2. That there be a minimum rearyard setback at not less than 30 feet; That there be no further front or rear yard reductions; 4. Should the Building Inspector, after his inspection, require referral to this board for New York Town Law, Section 280-a approval, a formal application must be filed and finalized prior to the issuance of a Certificate of Occupancy for any new construction. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Members Doyen and Douglass were absent.) This resolution was duly adopted. lk Town Clerk, Town of $outhold JGERARD P.-GOEt~RI~(~ER, CHAIRMAN ~March , NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Soathold, the following public hearings will be held by the SOUTHOLD TOI4N BOARD OF APPEALS ar the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing a~ 7:30 p.m. on THURSDAY , FEBRUARY 6. 1986 and as follows: ?:35 p.m. Appeal No. 3432- JOHN AND JOYCE HOLZAPFEL [Recessed from t/9/86). 7:40p.m. Appeal No.3446- MARGERYD. BURNS. Variance to the Zoning Ordinance, Article VII, Seckion lO0-70(C)(l) for permission to construct accessory lnground sw~mmingpool upon premises known and referred to as 53245 Main Road, Southold, NY, presently zoned 'B-P' General Business; identified on the Suffolk County Tax Maps as District [000, Section 6[, Block 01, Lot 008. l. 7:45 p.m. Appeal No. 3196 - WALTER HAIRSTON: (Estate of). Variance to the Zonin9 Ordinance, Article III.Section 100-3l, Bulk Schedule, for approval of two parcels ~with exi sting dwellings)having insufficient area, width and depth. Location of Property: West Side of.IZarro[[ Avenue~ Peconic~ NY; identified on the Suffolk County Tax Maps as District lO00, Section 74~ Block 3~ Lot 10. 7:50 D-m- Appeal No. 3454 - ~LICE D. CURRIE. Variance to the Zoning Ordinance, Article III. Section 100-3l, Bulk Schedule, for permlssmn to construct addition with an insufficient rearyard setback ar [815 Soundview Avenue~ Southold, NY: County Tax Map Parcel No. 1000-59-06-019.l. 7:55 p.m. Appeal No. 3443.- FREDERICK W. KOEHLER. JR. Variance to the Zoning Ordinance, Arti.cle III, Section 100-32 for permission to locate tennis court in an area other than the required rear yard ar 575 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-ll7- 3-6. 8:00 p.m. Appeal No. 3444 - JOSEPH AND FRANCES GRASSO. Variance to the Zomn9 Ordinance, Article III, Section 100-32 and Article XI Section lO0-tl9.2~ for permission to locate accessory storage buildin9 in the sideyard area and with an insufficient setback from wetlands, at 7145 Soundview Avenue, Southold. NY; County rs× Map Parcel No. 1000-59-06-003. )8:05 p.m. Appeal No. 3448 - RIV~ERSIDE_ HOMES.,._ INC_: Variance to the Zoning Ordinance~ Article III, Section 100-3l~ Bulk Schedule, for permission to locate new dwelling with insufficient front and rear yard setbacks. Location of Property: East Side of Private Road(off the south side of Soundview Avenue) ~ Peconic, NY; identified on the Suffolk County Tax Maps as District 1000, Section 59~ Block 9, Lot 18. Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting - February 6,1986 8:[0 p.m. Appeal No. 3383 - ANNA PACIFICO. Variances to the Zoning Ordi- nance, Articles: (a) III, Sectiorl 100-31, Bulk Schedule for permissio~ to construct addition with an insufficient sideyard setback: (b) III, Section 100-3l, Bulk Schedule for permission to construct addition which exceeds the maximum-permitted 20% lot coverage requirements, (c) XI Section 100-llg.2(B) for permission to construct addition with an insufficient setback from wetlands. Location of Property: [250 Blue Marlin Drive, Southold. NY; County rex Map Parcel No. [000-53-05-034, (also known as Lot ~13. Map of"Southo[d Shores," Map No. 3853. 8:20 p.m. Appeal No. 342l- JOSEPH ZIELONKA (ESTATE OF). Variance to the Zoning Ordinance, Article III, Section [00-30, and Article XI~ Section 100-118. [or permission to utilize premises located in this A-Residential and Agricultural Zoning District for two B-Light Business uses in addition to two dwelling uses. Location of Property: 27475 lViain Road~ Cutchogue, NY~ County Tax Map Parcel No. 1000-102- 01-13. 8:25 p.m. Appeal No. 343] -~AIL DESSIIvlOZ AND IvilCHAEL RACZ . Variances to the Zoning Ordinance, Article X~(~ Sections IO0-ll8(E) and 100-ll9.2 for: (a) permission to renovate and expand existing nonconforming cabin (guest cottage without kitchen facilities) exceeding 50% of value and square footage of same as exists~ and (b) permission to construct addition to existing nonconforming cabin within 100 feet of bluff along the Long Island Sound~ premises known as 4255 Private Road (Hallock Lane)~ lVlattituck~ NY; County Tax Map District lO00~ Section Ii2~ Block Lot 004. (Hearing recessed from December 12, 1985) . The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. !~fritten comments may also be submitted prior to the conclusion of the hearing 765-I809 (alt. 1802). Dated: January 2l~ 1~86. in question. For more information, please call BY ORDER OF THE SOUTHOLD TO~N BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIR.WIAN INSTRUCTIONS TO NE~fSPAPERS: Please publish once= to wit: Thursday, January 30, 1986, and forward nine affidavits of publication to: Board of Appeals, lVlain Road: Southo[d, NY 11971. (on or before February 3rd) FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ... ~..~.~-~ .~gd~.. J..~ ...... 19.8 ~ County Tax Map No. 1000 Section ...~ .~..~. ..... Block .... Q.g...;... Lot ... ),~. ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. ~ [ .~.....~.... ,~..~./..o~.~ .~ I Building Inspector RV 1/80 'FORM NO. 1 TOWN OF SOUTHO LD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined . ~ 19... Received ............ 19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................... 19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according ro schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. 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 permit shMl be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Owner ./builder Name ofownerofpremises Riverside Homes. Inc. (as on the tax roll or latest deed3 If applicant is a corporation, signature of duly authorized officer. S. Gordon, Presideng (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ........... ......... Electrician's License No ......... 2.6.9.7.E. ......... Other Trade's License No ...................... E/S Private Rd ].02' S/O Sound View Ave 1. Location of land on which proposed work will be done .................................................. Southoid House Number Street Hamlet County Tax Map No. 1000 Section . .5.9. .............. Block ...... 9. ........... Lot ].8 Subdivision ...... D.e.s.e.~.~.b.e..d..p.~.qp.e.v.g.y. ............. Filed Map No ............... Lot .............. (Name) 2 State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy vacant land b. Intended use and occupancy .... ]. £am±].y dwe].].±ng '3. brafi)xe o~fwork (check which a3~acable): New Building .. x ..... Addl~on .......... Alteration .......... R~palr .............. Removal .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cost ...................................... Fee ...................................... ~ (to be paid on ~ing this application) 5. If, dwelling, number of dwelling units ......... ~ ..... Number of dwelling units on each floor ..... 2. .......... If;garage, number of cars ....2. ................................................................... 6. igbusiness, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. l)gmensions of existing structures, if any: Front ............... Rear .............. Depth .............. Height .............. Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. D~pth ..................... Height ...................... Number of Stories ..................... 8. D~manmons of. ont.~e new construction. Front . .~.~..1.0. ........ Rear tiff..1.0. ......... Depth . tiff. ........... mi t .... .;?. ¢.. ....... of Stories... . ......... , ........... .................. , ............. 9. $iz~'oflot: Front ........ .15.0. .......... Rear ..... 1.5.0. .............. Depth ...Z. q3.-.qSi ............. : ' 2/26/75 a Claude Carlson 10. ~e of Purchase ............................ N me of Former Owner ............................ 11. "ne or use district in which premises are situated 12. ,l~.i,(g.~roposed construction violate any zoning law, ordinance or regulation: ..... n.q ......................... 13. ~,'ffiilol be regraded ....... ,y.e.s ............ : ......... Will excess fill be removed from premises: Yes x No 14. ~¢ofOwnerofpremises .Kl,v.e. ecs.&d~e..H.o.m.e.s.,..:[.n, eAddress .P.q .B. qx..2.7fl.,..~ly.e.~.h.q~ne No..7.2.7.-:3.3.9.5. ...... ~e~fA~chitect ...8.~.ey.e..~.a?.e.s. ka. ........... Address . .2.a.m.e. ............. Phone No..7.2.7.-:3.3.9.5. ...... ~e Of Contractor .R.£y.e.~.s.J..d.e..H.o.m.e.s.,..I.n.e... .... Address . .S.a.m.e. ............. Phone No. 7.2.7.'5.3.3.9.5.... ~... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. SEE ATTACHED SURVEY STATE OF NEW YORK, COUNTy OF...s.u.r.~P.~.r ........ S.S ........... ~.L.I.Z.a.B.~T.H..6..C.&.N.~A.Z. 6~O..a.a. .a.ge.n.t,. ..... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the ........... ~ge~g. for. l~Syerside, goroe8,. ~,,. ghe. appl~ea~g ................................ (Contractor, agent, co,orate officer, etc.) of said owner or ownem, ~d is duly authored to perform or have perfo~ed the said work and to m~e ~d file t~s apphcation; that a~ statemenB cont~ned ~ this application am true to the best of his ~owledge and belief; ~d that ~e work will be perfo~ed in the m~ner set for~ ~ the application filed therewith. Sworu to before me this .................. ........................ Notaw Public ......... ; ................ County , Qualified in Suffolk ~u~ (Signature of applicant) TOWN OF SOUTHOLD, NEW YOR~' APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3 DATE .~.: ........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. RIVERSIDE HOMES, INC. of t159 W..M.a?_n.. S~.., PO Box 274 t, (We) ................. ; ........................................................................................................................... Name of Appellant Street and Number Riverhead New York 11901~ra~v APPEAL TO Munlcipali~ ~e 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 1159 W. Main $~., PO BOx 274, Riverhead, t~ew York 1!901 Street and Number Municipality State ( ) PERMIT TO USE [ ) PERMIT FOR OCCUPANCY (x) Building perm~ ~o oons~ru~; i family dwelling 1. LOCATION OF THE PROPERTY .......... ..E~/..S..~.P..¥.~`.v..a`~.e.~R.~....~..~..2.:~..S./..~'~.S.9..u.q~L~A.~×~ .............. Street Use District on Zoning Map ...... Des~ribed 9~9~,e.?~.X .... Current Owner Map No. Lot No, Riverside Home~,Ino. 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 Ordi.nance.) A_r~_ie!e III. See~ion 100-31 Bulk and Parking 3. TYPE OF APPEAL Appeal is rr~de herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to Jack 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) (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 Dermit ( ) request for a variance one was made in Appeal No ................................. Dated ..................................................................... ( ) (x) ( } ,s requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance fron% and rear yards do no~ meet zoning requirements ~Form zB~ (Continue on other side REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The size~of ~he log prohibigs frong and rear yards larger than shown. 2. The hardship created is UNIQUE and is not shared Dy ail properties alike in the immediate vicinity of this property and in this use district because Probably nag unique 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTR]CT because Properties in ~he area are approximately ~he same size. STATE OF NEW YORK ) ) ss COLNTY OF SUFFOLK ) for Riverside LAN~ IMP, TOTAL DATE REMARKS ?OWN O~: $OUTDIOLD PRO'PERI'Y RECORD CA~,D ~~0B. LOT ACR¼ TYPE OF BUILDING Mkt. Value AGE :~UUILDING CONDITION NEW NORMAL 3ELOW FARM Acre Value Per Acre Tillable Woodland Meodowland House Plot ABOVE VcJue FRONTAGE ON WATER, FRONTAGE ON ROAD DEPTH BULl<HEAD ~ ~ ~ '... -',- / 400 OSTRANDER AVENUE. RtVE~HEAD, NEW YORK SURVEY FOR: H I V~HSID~ HOM~S, INC ~~X SUFFOLK CO,, N.Y.