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HomeMy WebLinkAbout3540 Southold Tom. Boar ppeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. 11cj71 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. 3540 Application Dated July 24, ]986 TO: ~r..a~rs. ~r~ ~aRosa ~ost UTTlce B 3 Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on 0ct0ber ]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 XI , Section ]00-]]9.2 [ ] Request for Application of MARK AND LORRAINE LaROSA for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct deck addition at rear of existing dwelling within 75 feet of ordinary highwater mark along "Horton Creek," located along the north side of Albo Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-2-12. WHEREAS, a public hearing was held and concluded on September ll, 1986 in the Matter of the Application of MARK AND LORRAINE LaROSA under Appeal No. 3540; 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 are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The premises in question is a described parcel with 100 ft. frontage along the north side of Albo Drive at Laurel, codt6ining a total lot area of 24,990± sq. ft., and is more particularly des- tiffed 6~ the'SuffOlk'County Tax Maps as District 1000, Section 126, Block 2, Lot 13. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District and is improved with one single-family dwelling as shown by survey amended April 23, 1984, set back 37 feet from the front property line and 55 feet from the ordinary high water mark along "Horton Creek." 3. By this application, appellant requests permission to construct a 12' by 22' open deck attached at the rear of the exist- ing dwelling leaving a r6duc6d's~tb~ck from 55 feet to ~6t less than 43 feet from the ordinary highwater mark. DATED: October 10, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3540 Matter of MARK AND [.ORRA. IN.E. LaRO.SA Decision Rendered October 10, 1986 4. Article XI, Section 100-119.2, sub-paragraph B, requires all buildings proposed on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five feet from the landward edge of the tidal wetland, whichever is greater. 5. It is noted for the record that a conditional waiver was issued July 2, 1986 by the Southold Town Board of Trustees concerning the "wetland areas" in the area of this proposed addition. 6. The relief requested is minimal, for a variance of 12 feet from the established setback. In considering this appeal, the board also finds and determines: (a) the relief requested is not substantial in relation to the requirements; (b) there will be no substantial change in the character of the district; (c) the circumstances are unique; (d) there is no other method feasible for appellants to pursue other than a variance; (e) the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (f) there will be no substantial detriment to adjoining properties; (g) that in view of the manner in which the difficulties arose and in view of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to grant the relief requested under Appeal #3540 for a~reduced setback from 55 feet to 43 feet from the ordinary highwater mark, in the Matter of the Application of MARK AND LORRAINE LAROSA, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No overhead lighting which is adverse to neighboring properties; 2. Deck addition not to be roofed or enclosed; 3. Any modification of plan to less than 42~.feet as applied will require re-application for consideration; 4. Construction of deck after receiving appropriate permits must ~ommence within one year of the date hereof or this variance will automatically ~xpire. Vote of the Board: Douglass and Sawicki. absent due to illness.) Ayes: Messrs. Goehringer, Grigonis, (Member Doyen of FiShers Island was This resolution was duly adopted. lk GERARD P. GOEH~INGER, ~AIRMAN October 24, 1986 TIIE SOUTtiOLD TOWN CLEI~II DA~]~/o ~-~ HOUR Town Clerk, Town o{ $ouihol~_.__ 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 SOUT~OLD TOWN ~UARD 0F APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 S~PTEMBE~'~!~ .'!98~, and as follow: p.m. on THURSDAY, 7:35 p.m. ApPeal No. 3540 - MA/~K AND LORRAINE LaROSA. ar lance t~ the Zoning OrdiIlance, Articl~ ~I, SectiO~ 100~ 19.2 (B) for permisSion to construct deCk addition at rear of existing dwelling within 75 feet of ordinary highwater mark along "Horton Creek~~'' located along the north side of Albo Drive~ .__.126-2-12. Laurel, NY; County Tax Map Parcel No. 1000- \ 7:40 p.m. Appeal No.. 3541 - RIAL' REALTY CORP. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot width of three proposed parcels in this pending minor subdivision located at the northerly end of proposed right-of-way extending from the north side of Oregon Road, Mattit~ck, NY; County Tax ~ap Parcel No. 1000-95-1-3. Containing 47.0520 acres total. 7:50 p.m. Appeal No. 3533 -'JOHN BREDEMEYER.(Recessed from August 14, 1986). New dwelling with an insufficient setback from ordinary highwater mark along Orient Harbor. 7:55 p.m. Appeal No. 3477 - WILLI~{ AND KATHERINE HEINS. (Recessed from August 14, 1986). Insufficient area, width and depth of two proposed parcels. North Side ~ain Road, Orient, NY; ~000-19-2-5 and 6. Page 2 - Notice of Hearings Regular Meeting of September 11, Southold Town Board of Appeals 1986 8:00 p.m. Appeal No. 3544 - JANES F. WA/~WICK. Variance to lift Condition of prior Z.B.A. Appeal No. 1729 rendered March 8, 1973 to allow new construction of a single-family dwelling at premises located along the south side of Fasbender Avenue, Peconic, NY; Bailey Park Map filed September 26, 1932, Subdivision Lot ~11; County Tax Map Parcel No. 1000-67-6-7. 8:10 p.m. Appeal No. 3534 - ROBERT' WADDINGT©N. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition to existing buildin? with insufficient side and rear yard setbacks, at 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038. "B-l" General Business Zoning District. 8:20 p.m. Appeal No. 3550 -JOSEPH AND LIND~ 'SCHOENSTEIN. Variances to the Zoning Ordinance, Articles: (a) VI, Section 100-60 for permission to expand nonconforming use of welding business in 'this "B-Light Business" Zoning District; (b) XI, Section 100-119.2(B) for permission to construct new building and expand nonconforming welding business use within 75 feet from wetlands area, at premises located along the south side of Main Road, Greenport, NY; County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay Estates Map No. 658, and Map No. 1124 as Amended. 8:35 p.m. Appeal No. 3538 -JEFFREY BETTANCOURT. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A) for permission to construct inground swimmingpool with fence enclosure and gazebo within 100 feet of top of bluff or bank along Long Island Sound, at premises known as 2410 Grandview Drive, Orient, NY; Grandview Estates Subdivision Lot ~5, Map No. 7083; County Tax Map Parcel No. 1000-14-02-3.9. Page 3 - Notice of Hearings Regular Meeting of September 11, Southold Town Board of Appeals 1986 8:40 p,m. Appeal No. 3513 - STEPHEN 'SHILOWITZ. (Recesed from August 14, 1986). Condominium construction within 75 feet of bulkhead and tidal water. West Side of 6th Street, Greenport, NY; 1000-49-01-25.1. The 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~mments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: August 22, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda KoWalski, Board Secretary ATTENTION NEWSPAPERS: Please publish THURSDAY, AUGUST'28, 1986 and forward two a~fidavits of publication on or before Septem- ber 2nd to: Board of Appeals, Main Road, SouthOld, NY 11971. Copies to the following 8/22/86: Personal Delivery: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. By Mail 8/22/86: Mr. and Mrs. Mark LaRosa, Box 431, S0uthold, NY 11971 Mrs. Sophia Greenfield, as agent for Rial Realty Corp. P.O. Box 1505, Southold, NY 11971 Rial Realty Corp., 20 Audrey Avenue, Oyster Bay, NY 11771 Anthony B. Tohill, Esq. as Attorney for Mr. and Mrs. Wo Heins P.O. Box 744, Riverhead, NY 11901 Mr. James Warwick, Box 367, Peconic, NY 11958 Mr. and Mrs. Eugene Kelly, 145 E. 27th St, NY, NY 10016 Mr. Peter C. Walsh, Mill Road, Peconic, NY 11958 Abigail A. Wickham, Esq. as Attorney for Mr. and Mrs. J. Bredemeyer Box 1424, Main Road, Mattituck, NY 11952 William Moore/Richard Lark, Attorneys, for Mr. Robert Waddington Box 973, Cutchogue, NY 11935 Richard J. Cron, Esq. for Mr. and Mrs. James Navas Stephen R. Angel, Esq. for Mr. and Mrs° J. Schoenstein and'S. Shilowi Box 279, Riverhead, NY 11901 Swim King Pools, Inc. as agent for Mr. J. Route 25A, Rocky Point, NY 11778 Mr. J. Bettancourt, 2410 Grandview Drive, Bettancourt Orient, NY 11957 Lawrence Storm, Esq. for Cove Circle Association (Re: S. Shilowitz) 33 West Second Street, Box 398, Riverhead, NY 11901 ~ORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Data .............. ( ........... 19 ..... .....~.~.~.~.~.~ ~ .... - ~.~.. t.~.~ ~ PL~SE T~E NOTICE that your application dated .... .~ .... for pe~it to C~~..~..~.~ ................ at . $treet H~mlet County Tax Map No. lO00Section ... ~ . Block Subdi~sion ................. Fried Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ............................... . ~.~ .... ~.~.~.. ~. ~.~ ~.~. ~ ~. ~.. ~;..~ ........ .... ~~ ~ . ~ ...... ... ~.~ tt~.~q~.~ ~. . ~. . . f~~. ............. Bu~l ~ng Inspector RV 1/80 'FORM NO, ! TOWN OF souTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N,Y. 11971 TEL,: 755-1803 ~xamined ................. 19 ... Received ........... ,19... approved ................. 19... Permit No ........... )isapproved a/c ....... : ............................. (Building inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tkis application must be completely filled in by.typewriter or in ink and submitted to the Building Inspector, with 3 *ts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship t6 adjoining premises or public streets r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- orion. c. The work cov~ed 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 peri'nit ~mll be kept on the prejnises available for inspection throug~hout the work. e. No building shall be occupied or used in whole br in part for any purpose whatever until a Certificate of Occupancy nell have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to be uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein, described. 'he applicant agrees re comply with all applicable laws, ordinances, building code, housing code, and regulations, and to dmit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant, or name, if a corporation) ............ (Mailing address of applicant) ,tate whether applicant is owner, lessee, agenr, architect, en~neer, general conrmcror, electrician, plumber or builder. OWNER ~ameofownerofpremises Mark-a2qd Lorraine LaRosa (as on the tax roll or latest deed) f applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer~ i der' 'moense No ....... .......... Plumber's License No ......................... Electrician's License No ...................... · Ofi~cr Trade's License No ..................... Location of land on which proposed work will be done .................................................. 595 Albo Drive Laurel House Number Street Hamlet County Tax Map No. 1000 Section . .I~6 ............. Block . .2 ............... Lot..~.2. ............... Subdivision ..................................... Filed Map No ............... Lot .............. (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .. Or.e. family, d~wellJ..ng .................... ~,~,, ~,. ................... b. Intended u~ and occupancy . ~..~..t~.. ~ ~.. ~.1~1 ~ ~ x] -: .: :' ~ t~ } .............. ~. Nature of work (check which appli~ .e): New Bufldin~ .......... Addit .... .;~>: ..... ~¢2ter~t~o~ Repah- Removal ~ Demolition O.,~r ~ or~ (Description) 4. Estimated Cost . .! ~.. ~..4 ~ D~D..¢, DD.Q Fee *' (to be p~d on fil~ng this application) 5. If dwe~ing, number o f dwelling units ............... Number o f dwelling un,ts on each floor ............... . If garage, number of cgs 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use 7. DLmensions of ex~sting structures, if any: Front ............... Rear .............. Depth Height ............... Number of Sto~s D~ensions of same stpacture w~th mterabons or additions. Front Rear Depth ...................... Hei~h~ ................... Number of Stories ....... ~g --8. D~ensions of entire new construction: Front .~ ~. ...... ~ ..... Rear .. ~.' .......... Depth Height ........... Number of Stories ........................... ~, ~., 9. .. ~00 9 S~.ze of lot. Front ....... ~ .............. Rear ...................... ~e¢~h Date of Purchase ........ ~ .................... Name of Foyer Owne ~ I. Zon~ or us6 district in which premises are situated... ~ s&&,anfi&s~ 12, Does pzoposed construction violate any zonin~ law, ordinance or re~ulafion: ~5 ~3. Wfl! lot be regraded . ~ ........................ Wfi~ excess fiH be removed from premises: Y~s, No ' 14. Nmme of Owner o, premises . ~. ~.~39 ~g. ..... Address .}~[. )~} .......... Phone No.. ~.Q~7~:~ .... Nmme of Architect ........................... Address ................... Phone No ................ N~e of Contractor .......................... Address .... : .............. Phone No ................ 15.' Is this property located within 300 feet of a t~dal wetland? *~Yes x No ~ yes, Southold To~m Trustees Pemit maybe required. PLOT DIAG~M Locate cle~ly ~d d~stinctly ~ bufld~gs, whether exiszkig or proposed, mud, indicate fll set-back d~ensions from prope~y ~nes. Give strut ~d block number or description accord~g ~o deed, ~d show street nmos and indicate whether interior or corner lot. ;TATE OF NEW YORK, S.S ~ OUNFFY OF ................. ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) bore named. te is the ......................................................................................... (Contractor, agent, corporate officer, etc.) ~f said owner or owners, and is duly authorized ro perform or have performed the said work and to make and file this pplication; that all statements contained/n this application are true ro the best of his knowledge and belief; and that the rork will be performed in the manner set forth in the application filed therewith. ,worn to before me this [~h~ I'lltttl¢, ~ ~ I~ I~ -- ? ........ ~[~¢~#~#~ ~ ~¢1~__~. (Signature of applicant) TOWN O~: SOUTHOLD, NEW YORK JUL 24 ~ ~ ~ ]iI~i~L FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ~Q.e/~..~.kg~£gJ.~..e..../,~..~...°~....C~. ............ of ................ ../~./..~.ID.../~...~'.. ................................... Name of Appellar~t Street and Number .... ..................................... ..................... ............ EREB ' APPEA TO Municipality " 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 ..t~.ck.....Lo..cc.~..~.£.a ~...~..~ ....... Nome of Applicant for permit / ,~.,., ~ of ...... ~./.Z~......b..<., ................ &~.zr..~ ........................................................ Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY Street Use District on Zoning Mop 1 ......... ~..~......~.~., .~..,.../. Z~. ............ L...zc.. ................... Current Owner Mop No. Lot No. 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.) //,~r:. ~ s~-+, ~oo- ~,~t ' z - ~ 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 /ew Chap. ~2 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties sorv HARDSHIP bec,Use: ~\~ ~t.¢~r.~u,~. ~a~'~ ~-- '~'~C~- ~ 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 becouse 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) COUNTY OF 5~4~'~-~&~ ) SS Sworn to this ........ ..~.....~.~ ........................... day Notar~Public ~ 6