The URL can be used to link to this page

Home My WebLink About34663000 Grand Ave. Matt. NY ~3356 Southold Town Board of Appeals MAIN .DAD' STATE: .CLAD ~5 SOUTHOLD, m.I.N.Y. ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 34~6 Application Dated February 13, ]986 TO: Gary Flanner Olsen, E~. as At to~r ;:,~ F~. ~,~S~I~,~ L k I Main. Road,, '~B6~ 70~ .... Cutchogue, NY 11935 (Public Hearing March 13, 1986) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April 16, 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 [×] Request for Variance to the Zoning Ordinance Article III, Section ]00-3], Bulk Schedule [ ] Request for Application of GREGORY SIMONELLI for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed lots having insufficient area and width in this pending divi- sion of land, located at the East and South Sides of Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-107-02-04. WHEREAS., a public hearing was held and concluded on March 13, 1986, in the Matter of the Application of GREGORY SIMONELLI under Appeal No. 3466; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, as well as the surrounding area in this Residential and Agricultural Zoning District; and WHEREAS, the board made the following findings of fact: l. The property in question has a frontage (lot width) of 303.86 feet along the south (east) side of Grand Avenue, Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 107, Block 2, Lot 4. 2. The premises as exists contains a total area of 3.851 acres, average depth of 690.43 feet, and lot width (frontage) of 303.86 feet. Existing is a single-family, one-story frame house and attached garage, proposed to remain on "Lot #1." 3. By this application, appellant requests approval of insuffi- cient lot area and width of three proposed parcels: (a) Lot #1 of 50,703 sq. ft. and 150 feet; (b) Lot #2 of 60,228 and 128.86 feet, inclusive of 25' by 538.27' right-of-way; (c) Lot #3 of 56,837 sq. ft. and average lot width of 240 feet [at building setback line]. (CONTINUED ON PAGE TWO) DATED: May 9, 1986. CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 Appeal No. 34~6 Matter of GREGORY SIMONELLI Decision Rendered April 16, 1986 4. For the record it is noted that a previous application to this board for approval of insufficient area of lots between 34,835 sq. ft. and 82,637 sq. ft. under Appeal No. 3356, which was denied on July 18, 1985. 5. The board finds that the instant application is more within the character of those generally existing in the neighborhood and is substantially less of a variance than previously applied for. Those generally existing vary in size from the largest at 57,500+ sq. ft. to the smallest at 23,200± sq. ft. In considering this appeal, the board finds and determines: (a) that the relief requested is not substantial in relation to the conditions generally existing in the immediate area; (b) that the circumstances are unique; (c) that the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort~ convenience and order of the town, (d) the information submitted is sufficient to warrant a granting of the variance; (e) in denying the relief requested, the interests of justice would not be served. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, that the relief as applied under Appeal No. 3446 for approval of insufficient lot area and lot width of: (a) Lot No. 1 of 50,703 sq. ft. and 150 feet; (b) Lot No. 2 of 60,228 sq. ft. and 153.86 feet, inclusive of 25' by 538.27' right-of-way, and (b) Lot No. 3 of 56,837 sq. ft., as shown on survey amended November 29, 1985 by Young & Young, L.S. in the Matter of GREGORY SIMONELLI, BE AND HEREBY IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. All three lots must conform with the "A-40" Bulk Area and Parking Schedule Requirements of the Zoning Code; 2. There be no further lot area reductions or amendments; 3. That 280-a access to Lot No. 3 be approved as recommended by the Southold Town Planning Board. Vote of the Board: Ayes: and Doyen. (Members Douglass resolution was duly adopted. Messrs. Goehringer, Grigonis, and Sawicki were absent.) This lk iiECT I'VED AND FILED BY DATE · Town Clerk, Town of Souflr~ld G'I~RARD-PT-~OE~H~NGER, C~IRMAN May 9, 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 Southold Town Hall~ Main Road~ Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MARCH 13, 1986~ and as follows: 7:30 p.m. Appeal No. 3432 Recessed Hearing JOHN AND JOYCE HOLZAPFEL. in the Matter of 7:35 p.m. Appeal No. 3457 RALPH AND LUCILLE STOCKER for permission to construct new dwelling requiring Variances to the Zoning Grdinance: (1) Article III, Section 100-31, Bulk Schedule, for excessive lot coverage, and (2) Article XI, Section 100-119.2 for redaction in the required setback from bulkhead and tidal wa~ers to less than 75 feet. Location of Property: 1080 Maple Lane (a/k/a 55 Snug ~arbor Road)~ Greenport~ Cleaves Point, Section 3, Map #46502 Lot 59; County Tax MaD Parcel No. 1000-35-05-28. 7:40 p.m. Appeal No. 3452 PAUL FORESTIERI for Variances to~ the ZoniNg Ordi~ance~'A~ticle~.III~ Section.lO0~21, Bul'k Schedule for permission to locate new dwelling with insufficient front and rear yard setbacks. Location of Property: East End of Sound View Avenue (South End of Fasbender Avenue), Peconic; Bailey Park Subdivi- sion, Lots 1, 2, 3, 4, 5~ County Tax Map ~arcel No. 1000-67-06-004. 7:45 p.m. Appeal No. 3470 ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for oermiss~on to construct addition of 190± sq. ft. in area which will exceed the maximum-permitted the lot coverage requirement of 20%. Location of ~roperty: 17195 Main Street (a/k/a 720 Second Street), New Suffolk, NY; County Tax Map Parcel No. 1000-117-08-13. 7:50 p.m. Appeal No. 3447 PUDGE CORP. for a Special Exception to the Zoning Ordinance~ Article VIII~ Section ]O0-80(B) for permission to establish one or more of the following uses within the buildings proposed to be constructed as shown by site plan revised 7-9-85: professional offices; electrical contractor shop; plumbing shop; furniture repair SHOD; carpenter shop, cabinet shop; printing estab- lishment; food ~rocessing, oackaging of machine ?arts to be shipped; ~uch uses as allowed in this C-1 Heavy Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-63-01-10. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 7:55 p.m. Appeal No. 3459 125-127 MAIN ST. CORP...(MILLS & CO.) for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission co utilize premises and construct addition for the manufacture of sails~ canvas products and related items, and office and storage area incidental thereto, in this "C-Light" Industrial Zoning District. Location of Prooerty: 74100 Main Road, Greenport, NY; CounTy Tax Map Parcel No. 1000-45-06-005. 8:00 p.m. Appeal No. 3465 VELIMIR AND HEDA VRANKOVIC for a Variance co the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for aporoval of the construction of second-story deck addition with an insufficient frontyard setback. Location of Property: 1625 Sandu Beach Road (a/k/a 55 Bay Road), Greenport, NY; County Tax Map Parcel No. 1000-43-04-45. 8:05 p.m. Appeal No. 3460 MICHAEL J. PERLMUTTER, M.D. for a Variance co the Zoning Ordinance, Article III, Section lO0-30(C)[1](a) for permission to utilize premises and addition for accessory home occupation use (physician's office) in excess of maximum-permitted 30% first floor area. Location of Property: 2035 Theresa ~rive, Mattituck; Deep Home Creek Estates Filed Map 4256, Lot 59~ County Tax Map Parcel No. 1000-115-16-15. 8:10 p.m. Appeal No. 3450 ROSALIE GOWEN for ~a~ianc~s~to]tbe_ Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of: (1) insufficient lot area, (2) insufficient lot width, (3) ~nsufficient lo~ depth, of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road, Cpt. Kidd Drive and Central Drive, Mattituck, NY; C~t. Kidd's Estates Filed Map #1672, Lots 134, 153, 154; County Tax Map Parcel ~o. ~000-106-02-32 and 43. 8:20 p.m. Appeal No. 3474 - DAVID M. JOHNSON for a Variance to the Zoning Ordinance, Article III, Section 100=31, Bulk Schedule, for permission to construct addition with an insufficient sideyard setback and in excess of maximum-oermitted 20% lot coverage. Location of Oroperty: 385 Corey Creek Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-13. 8:36 p.m. Appeal No. 3463 - EDMUND PRESSLER for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, and Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 Article VII, Section lO0-70(A)[1](d), for permission to utilize premises of 682912 sq. ft. in area as a continuing nonconforming two-family dwelling and add two retail sales/office uses in this "B-l" General Business Zoning District. Location of Property: North Side of Main Road, Southotd~ NY; County Tax Map Parcel No. 1000-63-3-26. 8:45 p.m. Appeal No. 3455 - KATHLEEN VARANO for a Variance to the Zoning Ordinance, Article XII, Section lO0-121(D)[1] for a clarificatio5 and/or correction of the interpretation of the Building Inspector of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 which allows no sleeping or 1-iving quarters in the accessory garage/apartment structure. Location of Proper'ty: 6600 16r,.6zso) Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-086-07-004. 8:55 p.m. Appeal No. 3421 Recessed Hearing ESTATE OF JOSEPH ZIELONKA to be reconvened. 9:05 p.m. Appeal No. 3451 : BEDELL WINERY/VINEYARDS For a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[14] for permission to establish winery use from grapes grown on the premises~ located at 36225 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-85-02-10. 9:10 p.m. Appeal No. 3456 - RICHARD AND ANITA WILTON for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedul'e, for approval of proposed lots ~aving insufficient area, width and/or depth in this pending division of land, located at the East Side of Queens Street, Greenpor~ NY; County Tax Map Parcel No. 1000-~0-3-6. //~ 9:20 p.m. Appeal No. 3466 - GREGORY SIMONELLI for a Variance to the Zoning Ordinance, Article. III, Se-----~tion lO0-----~l, Bulk Schedule,~ / for approval~of proposed lots having insufficient area and width in this pending division of land, located at the East 66d~So~th Sides of ~ Grand Avenue, Mattituck, NY; Coun'ty Tax Map Parcel No. 1000-107-02-04.~ 9:25 p.m. Appeal No. 3475 JOSEPH H. SAWICKI, JR. for a Variance for approval of access pursuan~ to-New. York Town Law, Section 280-a, over a private right~of-way located off the South Side of Old Nortk Road, Southold, NY[ premises presently of Schaefer and identified on the Suffolk County Tax Maps as Distri. ct 1000, Section 55, Block 2, Lot 4. 9:33 o m. Appeal No. 3453 - J~MUEL K.C. and ELIZA PL!MPTON KOPPER for a Variance to the Zoning Ord. inance,-Arti-cle II~, Section 100-31, Bulk Schedule, for approval of proposed three lots having insufficient area and width located along the west side of Indian Neck Road, Peconic, Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 NY; County Tax Map Parcel No. t000-86-4-1.2, consisting of a total acreage of 5,00. The Board of Appeals will near at said time and place all persons or representatives d~siring to be heard in each of the above matters. 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: March 4, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMA~ lk INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit: March 6, 1986 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971~ on or before March lt, 1986. Copies to the following 3/4/86: Mr. and Mrs. John Holzapfel., 825 South Harbor Road, Southold, NY 11971 Mr. Garrett A. Strang, Architect for Mr. and Mrs. Ralph Stocker, P.O. Box 1412, Southold, NY 11971 Mr. Paul Forestieri, 300 East 54th Street, New York, NY 10022 Mr. and Mrs. Athanas Zamphi~off, P.O. Box 255~ New Suffolk, NY 11956 Mr. James Gray, Sr., Pudge Corp., P.O. Box 1465, Southold, NY 11971 Mills & Co., 125-127 Main St. Corp., 125 Main Street, Greenpor~, NY 11944 William D. Moore, Esq. (c/o R.F. Lark, Esq.), P.O. Box 973, Cutcho§ue, NY for Mr. and Mrs. Velimir Vrankovic Michael J. Perlmutter, M.D., 2035 Theresa Drive, Mattituck, NY 11952 Abigail A. Wickham, Esq. for Mrs. Rosalie Gowen, Box 1424, Mattituck 11952 Mr. and Mrs. David M. Johnson, Koke Drive, Southold, NY 11971 Gary Flanner Olsen, Esq., for Mr. Edmund Pressler, Box ?06, Cutchogue 11935 Richard F. Lark, Esq. for Mrs. Kathleen B. Varano, Box 973, Cutchogue 11935 William W. Esseks, Esq. for Mrs. Odell and Katzenberg, Box 279, Riverhead Mr. John Wickham, for the Estate of J. Zielonka, Main Road, Cutchogue 11935 Mr. Merlon Niggin, President, Peconic Assoc. for Bedell Winery P.O. Box 672, Greenport, NY 11944 Richard F. LarK, Esq. for RICHARD AND ANIT2 WILTON Gary Flanner Olsen, Esq. for GREGORY SIMONELLI Mr. Joseph H. Sawicki, North Road, Southold, NY 11971 Mr. John DeReeder as agent for MR. AND MRS. SAMUEL KOPPER Mr. and Mrs. Samuel K.C. Kopper, 3 ymout St, em ro e~ MA Town Clerk and Z.B.A. Bulletin Boards Supervisor, Town Board, Z.B.A., P.B., and Building Dept. Individual Z.B.A. files 02359 11 TOWN OF SOUTI-IOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTt{OLD, N.Y. NOTICE OF DISAPPRO%&L for permit to mmlm:a*t..m~.. 7~ ........................................... at ~oo~,onof~op~, ..~..~..~ .... ~.~.t .... .~..~..-..~...5.<.. ~.&.. ....... House Ato. Street Ham/et County Tax Map No. t000 Section .... /.' .O..7. ..... glock .... .C~. ~ .... Log .... ~t. ........ Suodi.~smn ............. FLied Map No ................. Lot No .................. is returned herewith and disapproved on the followLng grounds .~ '..e~. ~ . .~g. ~ ./..~rp.-~ Fa .... ~ ...... i' Bufld~g Inspectbr ~:TOWN OF SOUTHOLD, NEW YORI~. FEB APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZeN N~'~B@AR.D OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE Feb.r. uary ~f;, 1986 ~.r..egP. r.~<..mz mO.~.e..l 1.!.: ............................. of ..42..og...1.fi.4..SJ;r~e%.. F. 2 us~.i~.g.,..~,.Y,...1.1.358 Name of Appellant Street and ~ umber Municipality ............................ HEREBY APPEAL TO State 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 .......... .4..2....0..9....!.6..4.....S.t...r_e.e.t....E !.us. bj.~g..~l..X ..... D.2 5 B ......................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ..G...r.~.rl..d..../~Y.e.~,..M..a.t;,~.i.,i}..u..c..k. ................................ ,.A.§..r.!..c../..R..r.~sid. Street Use District on Zoning MaD Mo~ No Lot No. 2 PROVISION (S) OF TIqE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- secnor and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) .._A_rticle ~33_.Secti_on_#100-31 Bulk ~kirLg 3 TYPE OF APPEAL Appeal is made herewith for (X) 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 appeal t~Ya~) (has not) been made with respect to this decision of the 13uilding Insoector or wilh respect to this property. S~cb c~ppesl was ( ) request for a special ~errnit ( X) request ~'or a variance one was made in Appeal No ................................ Dated .................................................................. REASON FOR APPEAL X] A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance is reauested ~or the reason that appi]callt seeks to divide premises tnt0 3 [0ts as shown on one annexed survey of Young & Young dated September 7, 1984 revised November 29, 1985. (Continue on other side) FOR AI']'Ef%L C,~n tinued ~ STRICT APPLICATION OF tHE ORDINANCE would produce practical difficulties or unneces- sar NARDSH P because all Of the other lots in the neighborhood are generally ~ne same size and shape as ~ne proposed parcels and furthermore there ts already established on parcel #1 a house. An access variance is required under section 280A of the Town Law %o give access to parcel #3 from Grand Avenue. Lot #1 woul~ contain 50,703 sq. ft. Lot # 2, 60,228 sq. ft. and parcel # 3, 56,837 sq. ~t. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate v~cmd,, of this property and in this use district because the area surrounding subject premises contain parcels generally of one acre tn size and to deny the variance would require the applicant to have over sized p~rcels compared to others in the neighborhood. Pending as the present time is an application ~ith the Southold Town Planning Board to approve the proposed Sub-Division. 3 lhe Variance would observe the spirit of the Ordioance and WOULD NOT CHANGE THE CI ARACTER OF THE DISTRICT because 15he property lots ~ouid be generally in keeping with the size and shape o1: other parcels tn the area. Gregory STATE OF NEW YORK ) } ss COUNTY OF SUFFOLK GAR-~i~LANNER OLSEN day of ........ Ee.b. Eu.&c~ ................................ 1986 Notary Public OWNER TOWN' OF SOUT~iOLD PROPERTY RECORD CARD ;TREET VILLAGE W /...--' SUB. LOT TYPE OF BUILDING MICS. - Mkt. Value FORMER OWNER AGE NEW FARM Tillable Woodland -- 1 Meadowland Total NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR M, Bldg, Exter~sion Extension Extension Porch Porch -:xt. Walls :ire Place ]otb :loom rnterior Finish -{eot Garage Patio aa B. Total [Recreation Room ~ooms )st Floor ~.ooms 2nd Floor Driveway . NOTE ./ I. TOTAL AREA : $.851 ACRES 2. SUFF. CO. TAX MAP DIST. lO00 SECT. 107 BL.O~ LOT 04 NOTE: I= mONUMENT ~3 = STAKE YOUNG & YOUNG OSTRA~DRR AV[N~[, RIV[RH[AD, ~EW YOR~ NOV. 29, 1985 MINOR SUBDIVISION PLAN P_R_EPARED FOR : GREGORY SIMONELL-I AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK CO.. N.Y. CALE: I = I00' DATE:SEPT, 7, 198~. 5