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HomeMy WebLinkAbout3424 1077 ROW off Bay Home Rd. 56 .......... Southo~l~;~''-~f ................................... ~ 0'5 Eleanor Leonard J~ 40 ~/ 10/28/85 ~3424 s~o-division insufficient total area in Southold Town Board of Appeals MAIN ROAD* STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3424 Application Dated 0ct0ber 28, ]9~5 TO: Gary Flanner Olsen, Esq. as Attorney for ELEANOR D. LEONARD Main Road, Box 706 Cutchogue, NY ~1935 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June ZS, ]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 II! , Section 10U-3] [ ] Request for Application of 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/, Seuthold, NY; County Tax Map Parcels No. 1000-56-5-39, 40, and 41. WHEREAS, a public hearing was held and concluded on June 19, 1986 in the Matter of the Application of ELEANOR LEUNARD under Appeal No. 3424; 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 sa~d 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: I. The premises in question is located along the south (east)'side of a private 30-foot right-of-way extending from the easterly side of Bay Home Road, and fronting along the south (westerly end) of Willow Point Road, in the Hamlet of Southold, and is further identified on the Suffolk County Tax Maps as District lO00, Section 56, Block 5, Lots 39 and 40. 2. The subject premises as a whole consists of a total lot area of 49,089 sq. ft. and a total frontage along the private right-of-way of 215± feet. 3. Sy this application, appellant requests approval of: (a) a vacant parcel to be set-oft containing an area of CONTINUED ON PAGE TWO) DATED: June 25, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3424 Matter oT ELEANOR D. LEONARD Decision Rendered June 25, 1~86 23,960 sq. ft. Lto tie line along Southold Bay] and having a lot width of 130± feet, feet, and (b) an improved parcel of 25,129 sq. ft. in area and 110± feet wide, as shown on survey dated November Z2, 1985 prepared by Roderick VanTuyl, P.C. 4. Submitted for the record are copies of: ~a) deeds at Liber 691U cp 222, and Liber 644b cp 62, dated April 1, 1971 and September 24, 1968, respectively; (b) separate 1985-8~ town tax bills; (c) real estate appraiser's report dated June 18, 1986; (d) sales memorandum concerning improved parcel~ (e) Certificate of Occupancy #Z13517 concerning the vacant lot; (f) Certificate of Occupancy #Z2098 concerning the improved parcel and Certificate of Nonconform- ing Premises Pre C.O. #Z13914; (g) D.E.C. Permit #10-86-0171~ ~h) Town Trustees waiver concerning new dwelling construction d~6d~J~6~ry 13, 198~; (i) letter from the Village of Greenport dated December 18, 1985 indicat~n9 that public water is available for the vacant parcel as proposed; (j) County Tax Map showing lots in the area of a similar size and character as that proposed herein; (k) memorandum from Building Inspector dated October ll, ~985 indicating prior Cetificates of Occupancy were ~ssued based on erroneous information submitted. 5. Ihe character of the lots in the immediate vicinity are of a size similar to these lots as proposed and deeded previously. In considering this appeal, the board also finds and determines: (a) that sufficient practical difficulties have been shown to warrant the granting of this variance; (b) the circumstances are unique and not shared by all other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) the relief requested is not substantial, (e) the difficulty cannot ~e obviated by some me~hod 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, weflare, comfort, convenience and order of the town; (g) that in view o~ the manner in which the difficulty arose and in con- sideration 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 Appea! No. 3424 in the Matter of the Application of ELEANOR L~ONARD for approval of two parcels as shown on survey mapped November 22, 1985, having insufficient area of 25,129 and 23,960 sq. ft., and insufficient lot width of 110± feet and 130± feet, respectively, BE AND HEREBY IS APPROVED, PRUVIDED THA~ ALL CONSTRUCTION COMPLY WITH THE REQUIREMENTS OF COLUMN "A" OF THE BULK AND PARKING SCHEDULE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolu- tion was duly adopted. lk RECEIVED AND FILED BY-' THE SOUTHOLD TOWN CLFP, KGE DATE ff///~/~? HOUR~.~/,/4~, Town Clerk, Town of Southold ARD P. GOEH~INGER, ~AIRM~N 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 of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY on THURSDAY, JUNE 19, 1986 and as follows: 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 of 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 Ordinance, Article XI, Section 100-119.2 for per- mission to locate new dwelling with an insufficient setback from L6ngfIsland ~ound bluff. Location of Property: North Side of Sound Drive, Greenport; i'!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 back from Long Island Sound bluff. Side of Soundview Avenue, Sou~hold, No. 1000-51-4-17. ar~as with an insufficient ~et- Location of Property: North NY; County Tax Map Parcel 7:55 p.m. Appeal No. 351~ - 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. 1000-75-0~'-16. 8:00 p.m. Appeal ~o. 3516 - ALBERT J. BODENSTEIN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with an insufficient setback from the closest northerly property line as shown by sketched survey dated April 22, 1986. Location of Property: 6~35 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-6-19. 8:05 p.m. Appeal No. 3424 - ELEANO~R LEONAR~D for a Variance o the Zoning Ordinance, Article III, Section 100-3i, Bulk chedule, 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 ~long the end of Willow Point Road), Southold, NY; County Tax ~.~Map Parcels No. 1000-56-5-39, 40, and 41. 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 for a Variance to the 100-31 for permission an insufficient frontyard 1080 Maple Lane (a/k/a 55 Cleaves Point, Section 3, Parcel No. 1000-35-5-28. 8:20 p.m. Appeal No. 3513 Variance to the Zoning Ordinance, No. 3505 RALPH AND LUCILLE STOCKER Zoning Ordinance, Artic'le III, Section to locate proposed new dwelling with setback. Location of Property: Snug Harbor Road), Greenport, Map No. 4650, Lot 59~ County Tax Map STEPHEN SHILOWITZ for a 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-Light-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~h insufficient setback from landward edge of tidal wetland and from ordinary highwater 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 lO0-80(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 permission to construct deck addition and roof over cellar stairs which exceeds the maximum-permitted 20% lot coverage and roof overhang wilt reduced sideyard setback to less than that permitted. Location of Property: 1980 Sigsbee Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-01-015, 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 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: June 9, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Pleaae publish Thursday, June 12, 1986 and forward two affidavits of publication on or before June 17th to: Board of Appeals, Main Road, Southold, NY 1197t. lk FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL . .c~.~..~.....~.,~.,.. I!.% ~.~'T .... PLEASE TAKE NOTICE that your application dated .... C:~ ~...~..~. .... .., t9...%..g" for permit to ~.'. :%~ ................................................ at -~...~2i ........... h~ 3/d ................................ County Tax Map No. 1000 Section ....q~..~.'~ ..... Block ..... C~.~. ..... Lot ...O..q...O ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .(~.~...~...~...c~.~ .... .3~...,~.....o~..,....~'..~... ~,....~.~./,.~.: ..=?..... ~.. .................... Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ¢--?L//c~/ DATE ~ ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (Y~..E..1 .~.~n.O..r...~.,.. ~e.O.~.C.d ............................. of ....... 1.0.7.5.. 3.~. ~0~..L~O.¢ct ................................ Nome of Appellant Street and Number 5outhold New York ....................................................................................................................... HEREBY APPEAL 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 Name of Applicant for permit of ............. ~,O. Z5...~.~...H om e..~d ~ ..Sou~hold .................... Ne~..X~r.~ ......................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Vacant Land Certificate of Occupancy ]. LOCATION OF THE PROPERTY ~..R.~..~....W..~...~...f..f.~..~..f~..'B..a~..H..~.'m..e....R..d..-~...S.~.u..t'.h''~..]~ ...... .A. fl,r.~.c./.R..e..s..id. Street Use District on Zoning Mop .................................................................................. Current Owner Mop No. Lot No. Eleanor D. Leonard 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 Ordinance.) Article III Section 100-31 Bulk & Parking "Article I Section ]06-20" 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 (~(~) (has not) 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 ( ) request for a variance and was made in Appeat No ................................. Dated ..................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance ) ,s requested for the reason that applicant owns ~wo contiguous parcels as shown on survey of Van Tuyi which is annexed hereto and made a part hereof, which have technically merged. Form ZB1 Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant owns Lwo contiguous parcels. Parce]# [ is designated on the Suffolk County Tax Hap as DLstr~ct J000 Sect}on 56 B[ock 5 Lot 3g and Jocated on sa[d parcel [sa two szory frame house. Sa~d parcel was purchased in 1968 by the applicant and contains approximately 20,000 square feet. Parcel II is a vacant parcel lying to the East of parcel and bareing tax map District 1000 Section 56 Block 5 Lot 40 which was purchased by the applicant in I97I and aIso contains approximately 20,000 square feet. Parcel ] is ~erviced with public water and public water is also availabJe to parcel ZI. Applicant seeks to convey parcel II as a separate valid building lot and accordingIy this variance application is required. 2. The hardship created is UNIQUE and is not shared Dy aiJ properties alike in the immediate vicinity of this property and in this use district because applicant owns ~wo contiguous parcets which have merged by operation of law. She receives two separate tax bills and public water is available to both parcels. Th~:both parcels front on Peconic Bay and there would be a severe economic loss ~o th~s applicant due to the unique value of th~s wa~er front property° 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the other parcels:'~,n::thezcommu~t~y are generally of the same size and shape of the proposed vacant tot and accordingly the character of the neighborhood wouJd not change. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) ELEANOR D./~ / / GARY FLKNNER OLSEN Sworn to this ....... .2..3..r..d. ............................... day of...OCt~ob.e~ ................................... 19 85 OWNER FORMER OWNER RES. c~/~ I5F-'A5. TOWN OJ~ $OUT[~OLD I VILLAGE SUB. TYPE OF BUILDING VL. COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL REMARKS FRONTAGE ON WATER Woodland Meadowland House Plot Total BULKHEAD Extension Extension Foundation Both tent /¢¢& ~.~ Floors Ext. Wails ~,c/~ .~/~. interior Finish Place / Hea¢ 2~ X Porch Attic ., f) Porch Rooms ]st Floor Patio Rooms 2nd Floor Driveway LOT AGE NEW FARM ~Tillable NORMAL Ac re BUILDING CONDITION ABOVE Value BELOW Value Per · Acre 'Tillable 2 Tillable 3 Woodland 'Swampland FRONTAGE ON WATER :Brushland FRONTAGE ON ROAD DEPTH BULKHEAD DOCK House Plot Total M. Bldg. Extension ],~ ,~/z : Extension ~ r~ 7 ~' ___. Extension Porch Porch Breezeway Garage Patio O. B. · Total - COLOR 'TRIM Foundation Bath Ftoors Basement Ext. Walls Interior Finish Fire Place Heat Type Roof ~,ecreation Room Driveway Rooms 1st Floor Rooms 2nd Floo j Dinette K. E)