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HomeMy WebLinkAbout3520 Southold Town Board of Appeals ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11c~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3520 Application Dated May 30, TO: Mr. Henry E. Rayn0r, for THOMAS SHALVEY P.O. Drawer A Jamesport, NY 11947 1986 (Pu~ as Agent [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on 0ct0ber 2, ]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 IX] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Request for Application of THOMAS SHALVEY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this proposed division or set-off of land located along the south side of Case Road, Cutchogue, NY; County Tax Map Parcels No. 1000-116-2-15 and 16. WHEREAS, a public hearing was held and concluded on August 14, 1986, in the Matter of the Application of THOMAS SHALVEY under Appeal No. 3520; 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 familiar with the premises in question, its p~esent zoning, and the surrounding areas; and are WHEREAS, the board made the following findings of fact: 1. The premises in question is a described parcel of land containing an area of 33,750 sq. ft., frontage (lot width) along Case Road of 225 feet, and frontage (lot depth) along Bay Road of 150 feet, and is more particularly designated on the Suffolk County Tax Maps as District lO00, Section 116, Block 2, Parcel Nos. 15 and 16. 2. The(entire)premises is improved with a single-family dwelling as shown by.map prepared by Roderick VanTuyl, P.C. surveyed May 27, 1986 with a setback of 41½± feet from Bay Road and setback of 35½± feet from Case Road. 3. By this application, appellant requests approval of the proposed insufficient area of Parcels: (a) No. 1 of 18,750 sq. ft. in area, 125.0 ft. frontage along Case Road and 150.0 feet (CONTINUED ON PAGE TWO) DATED: Form ZB4 October 7, 1986. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3520 Matter of THOMAS SHALVEY Decision Rendered October 2, 1986 along Bay Road, which would retain the existing dwelling; and (b) No. 2 of 15,000 sq. ft. in area, lO0 feet along Case Road and 150 feet deep. 4. Town records show that the premises was conveyed from the M.T. Case Estate during or after September 1963 into three parcels. Town records also show that the abutting premises on the east was also conveyed into three parcels from R.B. Case Estate. No town approvals for these divisions have been found. 5. The board also finds that lots of a size proposed by this application would change the character of this block since two other parcels within this residential block are substantially larger, to wit: Parcels 1000- 116-2-14 and 22 (22.3). 6. Article III, Section lO0-31 and Bulk Schedule of the Zoning Code requires a minimum: (a) lot area of 80,000 sq. ft., (b) lot width of 175 feet; (c) lot depth of 250 feet. The proposed area of each parcel' meets 23% or less of these requirements. The percentage of relief requested is substantial in relation to the requirements. In considering this appeal, the board also finds and determines that the relief must be denied since: (a) the practical difficulties claimed are not sufficient; (b) the circumstances are not unique; (c) a precedent would be set since there are other similar circumstances in the neighborhood; (d) this proposal is not consistent with those generally existing on this block; (e) the relief requested is substantial in relation to the require- ments; (f) in view of the manner in which the difficulty arose, and in considering the above factors, the interests of justice will be served by denying the variance as applied. Accordingly, on motion by M~. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3520 for insufficient lot area, width and depth of two parcels, as applied in the Matter of THOMAS SHALVEY, BE AND HEREBY IS'DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Sawicki, Doyen and Grigonis. This resolution was duly adopted. lk /GER RD P. C~8'EHRIN~E'R, CHAIRMAN 0cto[~er 7, ,~86 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE/~2-&-~ HOUR ¢.'3~-,~,~ Clerk, Town NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, Town Law and the Code of the public hearings will be held APPEALS at the Southold Town a Regular Meeting commencing AUGUST t4, 1986 and as pursuant to Section 267 of the Town of Southold, the following by the SOUTHOLD TOWN BOARD OF Hall, Main Road, Southold, NY at at 7:30 p.m. on THURSDAY, follows: 7:35 p.m. Appeal No. 3536 - GEORGE AND PAT BROWN. Variance to the Zoning Ordinance, Article III, Section 100:$1, Bulk Schedule, for permission to construct deck addition to dwelling with reduction of existing nonconforming sideyard setback, at 150 Briarwood Lane, Cutchogue, NY; County Tax Map Parcel No. 1000~136-1-3. 7:40 p~m. Appeal No. 3477 - WILLIAM~AND KATHERINE 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 or set-off of land located along the north side of Main Roads Orient, NY~ County Tax Map Parcels No, 1000-19-2-5 and 6. e~i ~PnPc~l No. 3520- THOMAS SHALVEY. Variance to th~ g n Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth of two parcels ~in this proposed division or set-off of land 1-ocated along the south side of Case Road, Cutchogue, NY; County Tax Map Parcels No. 1000-116-2-15 and 16. 7:55 p.m. Appeal No. 3532 ARTHUR AND BERNADETTE BURNS. Variance To the Zoning Ordinance, Article III, Section~100-30(C) and 100~32, for permission to construct accessory tennis court in the fron~yard area, at 3625 Private Road #13 (right-of-way extending off the end of Ruth Road), Mattituck; County Tax Map Parcel No. 1000-105-1-4. 8:05 p.m. Appeal No. 3433 GAIL DESSIMOZ and MICHAEL RACZ. Variance fo,r approval of access, New York Town Law, Section 280-a, over private right-of-way known as Halleck Lane and referred to as Private Ro~d #10, extending off the north side of Sound Avenue, Mattituck, New York,(over and along land.s of Charles Simmons and Edward Harbes). County Tax Map Parcels No. 1000-112-1-7 & 8, and to Parcel No. 1000-112-1-4. Page 2 Notice of Hearings August 14, 1986 Regular Meeting Southold Town Board of Ampeals 8:10 p.m. Appeal No. 3530 - RAYMOND T. GOODWIN. Variances to the Zoning Ordinance: (1) Article III, Section 100-31, Bulk Schedule, for permission ,to constrJct kitchen addit'ion with an insufficient westerly sideyard setback and insufficient total sideyards; (2) Article ~I, Section lO0-119.2(B) for permission to construct kitchen and deck additions with an insufficient setback from the highwater mark along Peconic Bay, at 4450 Peconic Bay BoulevarC, Laurel, NY; County Tax-'Map Parcel No. 1000-128-4-22.2. 8:15 p.m. Appeal No. 3533 - JOHN AND JEANNE BREDEMEYER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate single-family dwelling structure within 75 feet ef ordinary highwater mark' along Orient Harbor. location of Property: West Side of Bay Avenue, Orient, NY; County Tax Map P-arcel No. 1000-26-t-8. 8:20 p.m. Appeal No. 3539 - MICHAEL HERBERT. Special Excep- tion to the Zoning Ordinance, Article III, Section 100-30(B)[16] for permission to establish "Bed and Breakfast use, "an owner- occupied building, other that a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: 795 Pike Street, Matti~ucN, NY; County Tax Map Parcel No. 1000- 140-2-23. Zoning District: "A" Residential and Agricultural. 8:25 p.m. Appeal No. 3442 - JOHN J. NEWMAN. Variance the Zoning Ordinance, Article XI, Section lO0-119.2(B) for permission to construct additions to dwelling witNin 75 feet of high water and existing bulkhead along James Creek, at 430 Sailors Needle Road, Mattituck, NY~ County Tax Map Parcel No. 1000-144-5o29.1 and 30. tO 8:35 p.m. Appeal No. 3535 NORTH FORK FRIENDS OF KENYON TUTHILL. Variance to the Aoning Ordinance, Article III, Section 100-30 for permission to use premises for' a special fund-raising event fn conjunction with fireworks display, at premises of W.F. ~nd T.A. LaMorte, 895 North Bayview 'Road, Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.1 to 20.21, inclusive). Page ~ - Notice of Htarings August 14, 1986 Regqlar Meeting Southotd Town Board of Appeals 8:40 p.m. Appeal No. 3478 - BECKY JOHNSTON° Variances for: (1) Building Inspector to issue building permit allowing existing structure to be weatherized, prior to final 280-a access approval, and (2) approval of access in accordance with New York Town Law, Section 280-a, over private right.-of-way extending from the northerly end of Bridge Lane Extension and Oregon Road, over lands of~ Bokina,-~identified on the Suffblk County Tax Maps as 1000-7~-2-4, to premises of Johnston, identified on the Suffolk County Tax Maps as 1000-73-2-1. 9:00 p.m. Appeal No. 3513 - STEPHEN SHILOWITZ. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct condominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Greenport, NY; 1000-49-01-25.1. Zone District: "M-Light Mul- tiple" Residence. T~e 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, ploase call 765-1809. Dated: July 17, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHR)NGER, CHAIRMAN ATTENTIO~ NEWSPAPERS: Please publish Th_urs.daj/, July 31., 1986 and forward two affidavits of publication on or before August 5th to: Board of Appeals, Main Road, Southold, NY 11971. Copies to the following 7/28/86: Personal Delivery: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. By Hand: Henry Raynor for Tho.mas Shalvey By Mail: Mrs. Patricia C. Moore, Rudolph H. Bruer Law Office, Mr. Richard O. Kunst, 1745 Harbor Lane, Mr. and Mrs~ George Brown, 150 Briarwood Anthony B. Tohill, Esq. as ~ttorney for Mr. and Mrs.~ William Heins Mr~ and Mrs, Arthur Burns Re: Ho Herbert Southold, NY i1971 / Cutchoaue for GEDRGE AND PAT BROWN. Lane,'Cutchog~ Mr. and Mrs. William Heins, Main Road, Orient, NY 11957 Mr: and Mrs. AF~hur Burns, 3525 Pri~ate Road #1~, Mattituck, NY 11952 Mr. J. Douglas Peix, 208 Fifth ~enue, New Yo~k, NY lOOlO for RACZ GailfD6s~m~zi'~6n~ Michael ~acz, 208 Fifth Avenue, New York, NY lO0!O Charles Matthews, [sq., Box 800, Huntington, NY 11743 Abigail A. Wickham~ Esq. as Attorney for ~r. and Mrs. Raymond T. Goodwip Mr. and Mrs. John Brede~yer Mr. and MRS.. John J. Newman Michael J. Hall, E6q. as Attorney for Becky Johnston Stephen R. Angel, Esq~ as At~orne~ for Stephen Shilowitz Lawrenc~ Storm, Esq. ~s Atto, ney for R. Strong and others Mr. and Mrs. ~obert Strong, Woodmere address FORM NO. 3 ~/ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL for.~itto ~ ~ ~..~...'./."~.%. ...... ,.. ........... ~. at Location of Property, '~ ~'s'e '~o? ..... . ,'~....~...~.4.. 'gt/ebi"~~'~ .... County Tax MapNo. 1000 Section . .~ .~ ........ Block ... ~.~ ...... Lot . .g.&7~.~.. Subdivision ................. Filed Map No ................ Lot No .................. is returned herewith and disapproved on the following grounds ..d~. .... /.0. ~. 7 ~ o · q. . . 3. Building Inspector RV 1/80 TOWN 0F SOUTHOLD, NEW YORI~~ I~AY ~/~P~ FROM DECISION OF BUILDING INSPECTOR Tom Clerk S0~t~ol~ TO THE ZONI. NG BOARD OF APPEALS, TOWN OF SOUTHOLD; N. Y. APPEAL NO.',-~ I, (We) ,..T. · .°~....S. h .~ .i...v..e. ~. ............................... of ...... ~y... ~Q~ ................................................. Name o~ Appellan~ Street amd Number .c. ,u., ,t.~.h...o.g..u..e. ........................................................................ Municipality .... I~.I ................... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECIStON OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... .-~.~.~{/...(~.~ .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ( ) Name of Appl:icont for permit of ..... .~.a~..~.g.a,.4 ............................... .~.u ~.~. ~tpS.~. .................. ~ ....................... Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY. LOCATION OF THE PROPERTY ... ~/~e~g~]~.a~`~a~-~a~-Q~a~e~f~`K~g~q~n~ Street Use District on Zonfng Map 10.0.0-!.1...6..-..~..~.5....&..16 .... Current Owner Tom Shalve¥ Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section anc Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art I Sect'106-2~ Art III Sect 100-31 Bulk and Parki'ng Variance 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 Cans. 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 ~ermit ( ) request for e variance and was made in Appeal No ................................. Doted ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~orm zB~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties sary HARDSHIP because parcels were initially two separate building lots and because of common owner have become merged. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because re~aining lots in the are held single and separate. 3 The Variance would observe the, spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the size and configuration of the proposed parcel conform with the lots in the surrounding area.