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HomeMy WebLinkAbout3399Wells _.Rd Peconic,NY 2 4&5 StaigerB. 9/9/85 #3399 set-off with insufficient area Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3399 Application Dated Beptember 9, ]985 TO: Mr. and Mrs. C. Bruce Staiger P.O. Box 348 Southold, NY 11971 (File Completed 4/11/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 28, ]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 [X] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Request for Application of C. BRUCE AND ANNE STAIGER for a Variance to the Zoning Ordinance, Article III, Se~t~-lO0-31, Bulk Schedule, for approval of two parcels having insufficient lot area, width and depth as described in Deeds at Libers 3362 cp 53, and 5676 cp 213, located at the east side of Wells Road, Peconic, NY; County Tax Map Parcels No. 1000-86-2-4 and 5. WHEREAS, a public hearing was held and concluded on May l, 1986, in the Matter of the Application of C. BRUCE AND ANNE STAIGER under Appeal No. 3399; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded and transcribed; 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 southeast sid6'of Wells Road, in the Hamlet of Peconic, and is identified on the Suffolk County Tax Maps as District 1000, Section 86, Block 2, Lots 4 and 5. 2. The subject premises consists of a total area of 46,293 square feet (combined total), an average depth of 219± feet, and lot width (frontage) of 210 feet. Existing On the westerly portion of the subject premises is a single-family, 1½-story frame house with an a~es~ory garage, both as shown by survey prepared by Roderick VanTuyl, P.C. August 21, 1985. (CCNTINUED ON PAGE TWO) DATED: June 4, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3399 Matter of C. BRUCE AND Ahh!E STAIGER Decision Rendered May 28, 1986 3. By this application, appellants request approval of the insufficient lot area, depth and width of two parcels: (a) on the westerly portion, Lot #1, of 22,775 sq. ft., 227.10 depth, and 100 feet in width; (b) on the easterly portion, Lot #2, of 23,518 sq. ft. to a tie line, 227.10 depth, and llO' lot width. The existing dwelling is shown on Lot #1 with a setback from the proposed easterly si~e line (propcsed division line) at not less than 10 feet and with a setback frcm the rear property line (at a tie line) at its closest point at 70± feet. Lot #2 is vacant. 4. Submitted for the record are copies of: (a) deed dated June 2, 1952 at Liber 3362 cp 53 from ~erbeYt W. Wells, and others, to the applicants conveying proposed Lot #1; (b) deed dated December 22, 1964 at Liber 5676 cp 213 from Kathryn N. Wells and others, to the applicants conveying proposed Lot #2; (c) N.Y.S. Department cf Environmental Conservation Article 25 Tidal Wetlands Permit issued Octo- ber 31, 1985 for the re-division as proposed; (d) Suffolk County Health Department letter dated August 27, 1985 waiving Article VI for a realty development since the number of parcels Kas not increased since 1980 as per the County Tax Map records; (e) letter dated October 9, 1985 from the Southold Town Planning Bcard indicating that the set-off applicaticn be denied bec~se it does not conform with the cLrrent zoni~§ requirement of 80,~0 each and needs a variance. 5. In viewing the immediate area, the board finds that parcels located generally north and south of the subject premises consist of an area similar or smaller than that proposed herein,. Also, it is noted that Lot #1 was purchased prior to the enactment of zening (1957); and Lot #2 was purcEased at the time of the 12,500 sq. ft. area zoning requirement. In considerin§ this appeal, the board finds and determines: (a) that the circumstances are unique; (b) that the variance will not in turn cause ~ substantial effect of increased popul~tion density or be adverse to the safety, health, welfare, comfort, convenience and e~der of 1he town; (c) the practical difficulties shown are sufficient to warrant the granting of the variance; (d) there will be no substantial change in the character of the neighborhood or a substantial detriment to adjoining properties; (e) the difficulty cannot be obviated by some method feasible for appellants to pursue other than a variance; (f) that in view of the manner in which the difficulty arose and in consideration of all the above fac- tors, the interests of justice will best be served by allowing the variance applied for. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was ~SOLVED, that the relief requested under Appeal No. 3399 in the Matter of the Application of C. BRUCE AND ANNE R. STAIGER for approval of the insufficient lot area, depth and width of parcels #1 and #2 of 22,775 sq. ft. and 23,518± sq. ft., of 227.10 lot depth, and 100 ft. and llO ft. width, respectivelg, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONdITiONS: 1. Compli~nce with the Bulk Schedul£ ~s to minimum front and side yard setbacks without reducticns in the "A" Residential Zoning District; 2. Approval from the Southold Town Planning Board pursuont to Ch. Al06 of the Code. Vote of the Board: Ayes: Messrs. Goehrin~er, Grigonis, Doyen, Douglass and Sawic~[i. This resolution was duly adopted. lk June 4, 1986 RECEIVED AND FILED BY THE SOU/HOLD TOWN CLERK DATE ~/~/,/~ HOUR~ of ~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law aha the Code of the Town of Southold, the following public qearings 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, MAY l, 198~, and as follows: 7:35 p.m. Appeal No. 3399 C.' BRUCE AND ANNE STAIGER. Variance to the Zoning Ordinance, Article III, Section 100-31, / Bulk Schedule, for approval of two parcels having insufficient lot area, width and depth and as described in Deeds at Libers 3362 cp 53, and 5676 ap 213, located at the east side of Wells Road, Peconic, NY; County Tax Map Parcels No. 1000-86-2-4 and 5. 7:40 p.m. Appeal No. 3396 - GARY DOROSKt for a Variar~c~e-~ to the Zoning Ordinance, Anticle XI,-Section lO0-119.2(B) to locate pool within 75 feet of wetlands. 425 Monsell Lane, Cutchogue. (Recessed from 4J3/86) 7:45 p.m. Appeal No. 3479 JCHN P. SGOUROS for a Variance to the Zoni.ng .Ordinance, Article-It~-~ Section lO0-31, bulk Schedule for approval of two parcels known as Subdivision Lots ~22 and #23, ~Stars Mahor~ Subdivision Map No. 3864, approved by the Planning Board 9-19-1963, havi-ng ~nsufficient area, width and depth, :located along the Wes~ Side' of Stars Road, East Marion, NY; County Tax Map Parcels No. 1000-22-2-20 and 21. 7:50 p.m. Appeal No. 3480 VINCENT AND JOANN CASA for a Variance to the Zoning Ordinance, Article XI~ -Section lO0-119.2(A) ~or permission ~o locate swimmingpool with deck and fence enclosure within lO0=feet of blLff along the Long Island Sound, premises known as 1840 The Strand, Pebble Beach Farms Inc. Subdivision Map #2, Lot #115, East Marion, NY, County Tax MaD Parcels No. 1000~30-2-58. 7:55 p.m. Appeal No. 3486 RCBERT JOHNSEN for a Variance to the Zoning Ordinance, Article III, Section -00-31, Bulk Schedule for approval of insufficient to~ area of proposed Parcel #4 in this pending four-lot minor subdivision located along the sou~h side of Sound View Avenue, Southold; County Tax Map Parcels No~ 1000-68-4-2 and 3. Page 2 Notice of Hearings Regular Meeting of May l, 1986 Southold Town Board of Appeals 8:00 p.m. Appeal No. 3490 HARRY AND SANDRA HURLBURT for a Variance tO the Zoning Ordinance, Articl'e iii, Section 100-32 for permission to locate accessory storage shed in frontyard area. Location of property: Private Road, Fishers Island, bounded north by Walker, west by Spofford, south by Private east by Private Road and Sorenson;-County Tax Map Parcel No. NY: Road, 8:05 p.m. Appeal No. 3468 ~'ROBERT J. LONG for a Variance to the Zoning Ordinance, Article II1, Secti-on lO0-31, Bulk Schedule, for approval of parcel ~n'.'this proposed set-off division of land having insufficient area and depth, located along hte North Side of Main ~oad, East Marion, NY; County Tax Map Parcel No. 1000-31-4-15, containing 11.912 acres. 8:10 p.m. Appeal No. 3471 (Recessed from 4/3J86). NICHOLAS TSIRKAS 8:20 p.m. Appeal No. 3489 - PAUL LEARY for a reversal of decision of building inspector for a-nullification of actions by the Building D~partment :o.~ssoe a modified Permit and Demoli- 'tion Permits and that the property owners be left ~o regular proced.lres of law in making application for a ~emolition Permit and for a Construction Permit on proper plans, to be allowed only after review by the Board of Appeals, and in accordance with all other provisions of law. N~m~]of~Owners. and Location of Property in QJestion: FRANK AND MARY BROPHY, 75 Second Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-10-2~.7. The Board of Appeals will hear at said time and place all persons or reoresentatives desiring to be heard ~n each of the above matters~ Nritten comments may also be submitted Dr~or to the conclusion of the learing in qJestion. For more information~ please call 765-1809 (alt. 1802). Dated: April 3, 19~6. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMA~ ATTENTION NEWSPAPERS: Please publish Thursday, Aoril 24, 1986 anu forward cwo affidavits of pub]icatlo~ on or e ore pr] --th to: Board of Appeals~ Main Road:.. Southold, NY 11971. FORM NO~ 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your apphcanon dated ...... for perrni~ ~o ...r.~.'.: .~?.: .~.~..~_.~.~. :.. '.~..~ .~..~. ~..~ ~ '~ ......... ' ...... at Location of Prope~ ............ Hous~ No, St~t H~mlet CeunW T~ Map No. 1000 Section .. ~ ~ ~ ........ Block .... ~ .~. ..... Lot ... ~.T f ...... Subdivision ................. Filed Map No ................. Lot No .................. ......................................................... Building Inspector RV Y/8o TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF,BUILDING INSPECTOR APPEAL NO. fi' TO HE ZONING ~3OARD-QFAP~;$;:,TOV~N OF SOUTHOLD,..N: Y. , , ,, Municipality Store T.E DEC,S.ON OF BU,L m NSPECT0 WHEREBY THE BUILDING INSP~CTOR DENIED ~O' ~ ..... Street and Number Municipality State ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Street Use District on ~onin~ Msp No. Lot No. 2 PROVIS]ON (S) OF THE ZONING ORDINANCE APPEALED (Indicate the A~icle Section, Sub- section and Paragraph of'the Zoning Ordinance by number. Do no~ quote the 0fdi.n~nce.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~ A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE 'aue to lack, of access State of New York Town Low Chap. 62 Cons. Laws Art. ]6 Sec, 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (,!~m~ (rios 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 Appeal No ................................. Dated .............. ........................................................ ,[ REASON FOR APPEAL ( I A Variance to Section 280A Subsection (~ A Variance to the Zoning Ordinance ( ) is requested for the reason tha~: 't14,~.: J"o (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties~_f_or unneces- saw HARDSHIP because -rh~. 2. The ~ords~ip creoted is U~IQUE ond is not shored by oI~ properties olive in the immediote d n this use district becouse vicinity of this roperty on 3. The Vorionce ~ould observe the spirit o~ the Ordinonce ond WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because - STATE OF NEW YORK ) ~. ...... ) ss COUNTY 0F.ffd~i('° ( K ) 9 Sworn to this .............. '~ ....................... dc~y of .............. '~' '~" ..... 1995 TOWN OF $OUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER STREET VILLAGE DISTRICT ACREAGE SUB, LOT SEAS. w TYPE OF BUILDING FARM COMM. ' IND. CB. [ MISC. AGE IMP. LVL~oTAL DATE BUILDING CONDITION NEW NORMAL BELOW Farm Acre Tillable Tillable 2 Tillable 3 Woodlond Swampland Brushlond House Plot ABOVE Value REMARKS Total $OUTHO[D PROPERTY RECORD CArD ~ ~ ~/ TOWN OF ~OWNER ~'~''~ - - ' ' ~¢' - - ' STR~ FORMER OWNER RES. LAND ~')~o SEAS, w. z/z TOTAL /?oo FARM DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Acre Value VILLAGE suB. COMM. CB. MISC. Mkt, Value ~ (Z.-(".~,,, . LOT FARM Tillable I Titi~ble 2 Woodland Swampland Brushland House Plot Total Value Per Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH 3ULKHEAD DOCK