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HomeMy WebLinkAbout3505 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3505 Application Dated April 29, ]986 TO: Mr. Garrett A. Strang as Agent/Architect for MR. AND MRS. RALPH STOCKER 54665 Main Road Southold, NY 11971 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on July ]7, ]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 /II , Section 100-3], Bulk Schedule "A" [ ] Request for Application of RALPH AND LUCILLE STOCKER for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission 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 Map Parcel No. 1000-35-5-28. WHEREAS, a public hearing was held and concl'uded on June 19, 1986 in the Matter of the Application of RALPH AND LUCILLE STOCKER under Appeal No. 3505; 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 was recorded; 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 west side of Maple Lane and the north side of Snug Harbor Road, Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 5, Lot 28, and is known and referred to as Subdivision Lot #59, Map of Cleaves Point, Section Three filed June 14, 1966 as File No. 4650. 2. The subject premises consists of a total area of approximately .35 of an acre with frontage along Maple Lane of 50 feet, along Snug Harbor Road of 103.40 feet, and along Dawn Lagoon 64.45 feet. The premises is a corner lot as d6fi~ed by Section 100-13 of the Zoning Code and is vacant. (CONTINUED ON PAGE TWO) DATED: July 17, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3505 Matter of MR. AND MRS. RALPH STOCKER Decision Rendered July 17, 1986 3. By this application, appellant request permission to locate a new single-family, 1½-story frame dwelling with attached garage and open deck area with setbacks of: (a) 25 feet at the nearest point [southeast corner of the house] from the front property line along Snug Harbor Road, (b) 33+ feet from the furthest point along Snug Harbor Road, (c) 35 feet from its front property line along Maple Lane, (d) 50 feet at its closest point from the bulkhead along Dawn Lagoon, (e) 25 feet from the property line along premises now or formerly of Wallin, (f) 10 feet from the northerly line along property of Idler. Total lot coverage proposed is 21%. 4. For the record it is noted that by action of this board rendered April 16, 1986, under Appeal No. 3457, a variance was conditionally granted for certain construction, with limitations of lot coverage at 25% for all structures, no construction within 50 feet of the existing bulkhead, and sideyards of not less than l0 and 15 feet from the north and south property lines, respec- tively. 5. Article III, Section lO0-31, Column "A" of the Bulk Schedule permits a minimum frontyard setback of 35 feet for principal buildings. Applicant is requesting a variance to permit sections containing an area of approximately 120 sq. ft. as more particularly shown on site plan prepared by Garrett A. Strang dated April 28, 1986. 6. It is the opinion of the board that of the lot lends to the practical difficulties the setback requirement. the configuration in adhering to In considering this appeal, the board also finds and deter- mines: (a) that sufficient practical difficulties have been shown; (b) that the circumstances of the premises are unique; (c) that there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that the relief requested is not substantial; (e) that the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (f) 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; (g) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will best be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3505 in the Matter of the Application of RALPH AND LUCILLE STOCKER for reduction of frontyard setback as shown on site plan dated April 28, 1986, prepared by Garrett A. Strang, BE AND HEREBY IS APPROVED AS APPLIED. Vote of the Board: Ayes: Messrs. Douglass and Sawicki. (Member Doyen was tion was duly adopted. lk RECEIVED AND FILED THE SOUTHOLD TOWN CI.~RI~ DAT~ ?/~;~/X~, HOUR Goehringer, Grigonis, absent.) This resolu- luly 21, 1986 NOTICE OF HE~RI~GS NOTICE IS HEREBY GIVEN, Law and the Code of the Town hearings will be held by the the Southold Town Hall, Main Meeting of the SOUTHOLD TOWN Town Hall, Main Road, Southold, and as follows: pursuant to Section 267 of the Town of Southold, the following public SOUTHOLD TOWN BOARD OF APPEALS at Road, Southold, NY at a Regular BOARD OF APPEALS at the Southold NY on THURSDAY, JUNE 19, 1986 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. 1000-117-10-20.7. (Recessed from 5/1/86) 7:40 p.m. Appeal No. 3499 - DANIEL AND LISA JEROME for a Special Exception o~ the Zoning Ordinance for approval of an accessory apartment 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 100-119.2 for per- mission to locate new dwelling with an insufficient setback from L6ng~Island ~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 areas 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. 7:55 p.m. Appeal No. 3515 HOWARD REINHART and CHARLES HYDELL 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 this "A-40" Residential and Agricultural Zoning District. Location 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. 100D-75-0~-16. 8:00 p.m. Appeal No. 3516 - ALBERT J. BODENSTEIN for a Variance to the Zoning Ordinance, Article III, SectiDn 100-31 for permission to construct addition with an insufficient setback from the closest northerly property line as show~ by sketched survey dated April 22, 1986. Location of Property: 6135 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-6-19. 8:05 p.m. Appeal No. 3424 - ELEANOR 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. / L 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 lO0-31 for permission 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 Map 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-Li§ht-Multiple." 8:30 p.m. Appeal No. 3510 RICHARD AND RUTH ZEIDLER for a Variance to the Zoning Ordinance, A~ticle 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; . Edgemer6 Park Lots 12, 13, and 14; County Tax Map Parcel No. 1000- Page 3 - Notice of Hearings Southold Town Board of Appeals Regular 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 Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary h~ghwater~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 IO0-80(B) 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, SectionllOOZ31, Bulk Schedule, for zermission to construct deck addition and roof over cellar stairs which exceeds the maximum-permitted 20% lot coverage and roof overhang will reduced sideyard setback to less than that permitted. Location of Property: 1980 Sigsbee Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-01-0i5. The Board of Appeals will hear at said time and place all persons or representatives desi~ring 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 Thursday, 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 NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL .. o. Te/a .-. . . PLEASE TAKE NOTICE thai your application dated . .~'~J.('f?.~../~. ~. .... ./.~. .... "z'~' . ........ ~ .......... r ........... Location ofProperw ./~. ~ . .~ ................... ~Q~(... House No, St~t Hamlet Counw r~ Map,No. 100~ Section .. ,~ ~ .... Bloc~ .. ~ ~ ...... Lot . .~g~ .... Subdi~sio~ ~/~.~.. Filed Map No.. ~ ........... ~t No ..... .~ ...... ~.. is returned herewith and disapproved on ~e follow~g ~om tds. ~~., .~/.~.~ ~r/~ Building Inspector RV 1/80 'FORM:NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOtD. N,Y. 11971 TEL.: 765-1803 Approved ...,,, ............ 19 ...:Permit No~ ........... R~ceiv&d ...... ~ DisapProved a/c . ................ (Building Inspector) APPI~ICAT-ION FOR BUILDING PERMIT Date ...Jg,n.u. ,~. y..3.~...,,19 0 6. INSTRUCTIONS a. This aPpl/cafion must be completely filled ~. by typewriter orin ink and submitted to t,h~ Build/ag Inspector, with 3 se~s of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or Public streets or areas, and giving a detailed description of layout of property must be drawn on the diagmm which is part of this appll- cation. sh..e~.~0~b~uild~m_gfi_~ha~..b.e~_oc.c.~p,~.d of t~ed)n whole or h p~ for ~y p~ose whatever ~tfl a C~ificate of Oc~p~cy ~PLICATION ~ HEREBY M~E to ~e B~g Dep~m~t for ~e ~ of a B~ding Pe~t pu~u~t to ~I~2n:_~_~f ~ To~ ~,.~f~ ~tr' New Yo*, ~d o~r ~p~c~le ~w,, Ord~ees or . . ~ ~$ ~ons, or for remov~ or d The ~p~nt a~s to ~mply ~ a~ a ~ble laws ordi.~..~ ~.~m.~ ..~. ~- -- ~fion,.~ hc~ de~. u~tm ~ummm~ map~Iom oH pre~ ~d ~ O~d~g tot n~e~ ~specfiom. .... ~. ~ ~ .;~ .~ ....... ~.~ ........... - (S~gnat~e of appHc~t, or name, if a co~oration) Garrett A. Strand, R.A. · .. ~,~9~..~4] ~.,..$OP~hol~,..Nem Xork .... ~afl~g addre~ ofappHc~t) State whe~er appfic~t is owner, levee, agent, ~chitec/, en~eer, gene~ contractor, electrician, plumber or b~der. ...................................... .............................................. N~e of owner of premh~ ........ ~- ~..~?~.~. ~9q~ ..................................... (as on the tax roll or latest de~) If applic~t ~ a c~o~tion, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No..~O.'c..S.~J-~.c.t~ql. ~.~t ..... Plumber's License No. " " teCtrlclan S L~¢¢~C No, " " Other Trade's License No." " 1. Location of land on which proposed work will be done .................................................. Snuq Harbor Rd. Maple Lane .G.r.e.e.n...o.r.t. ................ House Number Street Hamlet .... County Tax Map No. 1000 Section .... 0.3.~ ......... Block ..... .0.5. ......... Lot ..... 2.$ ........... S .... :~_ Cleves Poin~ - Sect, Three UDUIVIS~un .......... (Name) Filed Map No, 4650 Lot . .59 2, State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Vacant b. hatended use and occupancy Single famil dwellin9 3. Nature of work (check which, .olicabt~): New Bugbear: ~. ?. ...... A~aition .......... Alteration ......... Repair .............. Removal .............. Demolition .............. Other Work .............. (Description) 4. Estimated Cost ....... °° ............... Fee ..................................... '~ (to be paid on filing this application) 5. If dwelling, number of dwelling units ...... O..n.c. ..... NumbeI of dwelling units on each floor ............... If garage, number of cars ....................................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of us~ .................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth .............. Height ............... Number of Stories ...................................................... Dimensions of same structure with alterations or additions: Front ................. Rear ................. Depth ...................... Height ...................... Number of Stories. · ' ' c ' · F 4 8 4 8 Depth .... ?.q '. ........ 8. Dimensions of entire new constru rich. rent ......... Rear ............... I-t~igh* 4 ~aumher of St~'i~o 1 ~/ . . ................... 9. Size of lot: Front ..... .5.0. '. ............. Rear ..... 64' Depth 160' 10. Dat~ of Purchase ............................. Name of Former Owner ............................. 11. Zone or use district in which premises are situated ...... ~,.-..R.e.~.i.d.e.n..~.i.a.~./~g.r.i,~t3 ~..~.tl~ ~/~ ............. t2. Does proposed construction violate any zoning law, ordinance or regnlation: ....... .Y.e.s. ..................... 13. Will lot be regraded ....... !~..o ................... Will excess fill be removed from premises: X Yes No 14. Name of Owner of premises . .. ~.~.Qg.k.e.r... ~' ..... Address .B.~x9.o.r.t; ~ ..bl.iX:...Phone No. 472.-.~1313.1 ...... Name of Architect ....... ~...S.L.r..a.n9 .......... Address .S.qu..~.hp.l:.d.t..N...Y.: . . Phone No. 7. ~.-~5. z} ~.5 ...... Name of C?ntractor .... N.o..t..S?..197.~.e.~ ...... Address ................... PI~ one No .... interior or ~or~er loL .... PLOT DIAGRAM proposed, to deed, ~ See Attached gTATE OF NEW YORK, 2OUNTY OF...$~.f.~o~...... S.S ...............~G-a- .r.r.~.~ .~ .A..~ .S..t.~.a.1].~ .......... ...: .' beingduly sworn, deposes and says that he is the applicant (Name of individual signing contract) ~bove named. {e is the .................. Architect (Contractor, agent, corporate, officer, etc.) ff said owner or owners, and is~duly authorized to perform orA10¥~ ~ormed the~ said.work an.d,t~mak~e ~md p piication; that alt s'tatements contained in this application are true t6 the best of his knowledge ami belief;and ilaa~ ~the ~ork will be performed in the manner set forth in the application filed therewith. ;worn to before me this ............... day of ...................... 19... 4otary Public, . ................................ County (Signature of applicantj Town TOWN OF SOUTHOLDi,NEW YORK DECISION OF BUILDING INSPECTOR TO THE:ZONING, BOARD. ! OF APPEALS, TOWN OF $OUTHOLD, N. Y. APPEAL NO. nATI: Apr ii ~2~, t986 , . ~e .to~,t Street 'on~l Number ................... , '. . Sou.thold New York ................... AAu~ ............................ HEREBY APPEAL TO cipality state THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED': 1,/16/86 EOR-C'Permit to Bu-ild Single Family Residence WHEREBY THE ~UI~-DING iNSPECTOR DEN[ED TO Garrett A. Strong of Nome Of App icont for permit .~. .5...4655 Main Road Southold %:'~ .... . ................ .. . New _York ~r ~; Street and Nu ber .... ........ ( ) PE~IT TO USE m Munlc~palJ~ State ) P~IT 'F~ ~CUPANCY - H R~ERTY ~ ...........~.~ ............... ug Harbor Road, GreenpOrt N.Y. - ' Street ~ ~e~ ..................................~6~"~:Res 4650 Cleaves Po-iht III 59 O~ER(S): ~ ~ ~ ~ ~ ~~.~.~qi---.--p.~-~ DATE P~C~ED: PROVJ'SION (S) OF THE ZONING ORDJNANCE APPEALED (Indicate the Adic~e Section, Sub- 2. section and Par~raph of the Zgni~ Ordinance by number. Do not quote the Ordincnce.) ~c[e ~ZZ , ~o~ ~ 00-3~ 3. ~YPE OF APPEAL Appeal is made herewith for (~) A VARIA~CEto"the Z~i~ Ordinance or Zoning Map ( ) A V>,~IAN~ due to tack of access (State of New ;~ork Town Law Chap. 62 Cons. Laws Ad. 16 ~c. 280A Sub~cti~ 3 4. PREVIOUS APPEAL A previous appeal (has) (~:~) been made with respect~ to this decision of the Building inspector or with respect to this property. Such appeal was ( ) request for o special permit (X) reauest for a variance dna was made in Appeat No. ..3.4...5..7. ................Dated ....Agril 16, 1 986 (Special Heeting) REASON FOR APPEAL t ) A Variance to Section 280A Subsection 3 (:x:) A Variance to the Zoning Ordinance ( ) ~s requested forthe r~sonthat we would like to Conssruct a Single Family Residence On this property as indicated in the prior appeal. The Conditional Varience granted was inadequate thereby necessitating the building be moved East and consequently encroaching upon one of the two required front Yards. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued ], STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie~s.:~:_,unoe_~es .... sary HARDSHIP because the front, side, and rear yard requirements would severly restrict the construction of a residence comparable to that of the-n~ighboring properties of approximately the same lot area. Th~s is due primarily to the requirement of two front ya~ds-:~in~:addition to the required setback from the bulkhead esEablished in th~ former appeal. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinffy of {hi~ property and in this use diStrict 'because This parcel is approximately the same area as the neighboring pardels but has a width of only ! 75' and is situated on a ~O~n~,~ %hereby being subject to having ~two front yards. In addition this parcel ~s subject to a greater Rear Yard setback ~m~:.~a~wa%e~.w~h~eas~©~bher~rope~%~es m~ the ~mmedma%e viQini%~ . ~re;not,*~av~g been~developed prior to the most recent zoning, s,kanges. 3 The 'Jeriance would observe the spirit Qf the O~d nance aad WOULD NOT CHANGE THE ,CHAP, AGTER OF 'FHE.DISTRtCT because The size and configuration of this lot in conjunction with 5he adjacent Tidal Waters is ~nique ~o this parcel. There woul~e a ~%mited n~b~r, if any other parcels wi~h the same set of c~rcumstanses. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk ) Signature Notary Public