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HomeMy WebLinkAbout3354?iddte Road ~ ~/~ 040 Long Ip!and ~°res~p354 width ~nd total area subdivision Southold Town Board of Appeals MAIN ROAD- STATE ROAD Z5 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS lO, 1985 (Public Hearings Appeal No. 3354 Application Dated April TO: Abigail A. Wickham, Esq. as Attorney For LONG ISLAND SHORES, INC. Wickham, Wickham and Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 12/12/85, 1/9/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January 2l, 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 [X] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Request for Application for LONG ISLAND SHORES, INC., 684 Estero Boulevard, Fort Myers Beach, FL 33931, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of four proposed parcels and insufficient lot width of two proposed parcels in this pending division of land, premises located on the north side of North Road (C.R. 48), Greenport, NY; Suffolk County Tax Map District 1000, Section 40, Block 01, Lot 20, containing a total area of 5.20+ acres. WHEREAS, public hearings were held on December 12, 1985 and January 9, 1986 in the Matter of the Application of LONG ISLAND SHORES, INC. under Appeal No. 3354; and WHEREAS, the board members have considered all testimony and documentation entered into the record concerning this application, including but not limited to correspondence dated May 21, 1985 from the Southold Town Planning Board recommending two lots rather than the proposed four lots, and Wetlands Permit #10-85-0517 from the N.Y.S. Department of Environmental Conservation issued September 4, 1985; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is situated along the north side of the North Road (a/k/a County Road 48), Greenport, Town of Southold, having a total acreage of 5.2 acres and lot width of 255.26 feet, and is located in the "A-80" Residential and Agricultural Zoning District. 2. By this application, appellant requests approval of: (a) insufficient lot area of 1.0347 acres, or 45,072± sq. ft., and insufficient lot width of 117.50+ feet, for proposed Parcel #1; (b) insufficient lot area of 1.2347 acres, or 53,784± sq. ft., and insufficient lot width of 117.50± feet, for proposed Parcel #2; (CONTINUED ON PAGE TWO) DATED: January 28, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3354 Matter of LONG ISLAND SHORES, INC. Decision Rendered January 21, 1986 (c) insufficient lot area of 1.1743 acres, or 51,153± sq. ft. for proposed Parcel #3; and (d) insufficient lot area of 1.23 acres, or 53,628± sq. ft. for proposed Parcel #4, [all as shown on sketch plan map as revised November 4, 1985, prepared by Roderick VanTuyl, P.C., and with right-of-way areas excluded]. 3. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires a minimum lot area of 80,000 sq. ft. and minimum lot width of 175 feet. The percentages of relief requested vary from 43% of the zoning requirement for the largest lot to 33% for the smallest lot. 4. In viewing the character of the area, the board finds that although there are a few lots to the west which are of sizes smaller than the 80,000 sq. ft. requirement, a majority of the parcels in the vicinity are larger than the proposed parcels. 5. It is also noted for the record that an opinion was obtained from the Suffolk County Soil and Water Conservation District dated November 29, 1985, recommending a change in the location of the right-of-way outside of the natural drainageway areas. In considering this application, the board has determined: (a) the relief requested is substantial in relation to the requirements of zoning, at variations of between 33% and 43%; (b) a substantial change will be produced in the character of the neighborhood since a majority of the lots existing in the area are larger than that proposed, and the circumstances of this appeal are not unique; (c) a detriment would be created to adjoining properties due to interference with natural drainageways; (d) a division of land is economically feasible other than by way of a variance; (e) the public health, welfare,and safety of the town will not be served by upholding this application; (f) the spirit of the zoning ordinance will best be served by denying the application as applied. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, that the relief requested under Appeal No. 3354 in the Matter of the Application of LONG ISLAND SHORES, INC., BE AND HEREBY IS DENIED AS APPLIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. lk GERARD P. GOEHRI'NGER, ~A~'-'~AN" January 28, 1986 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 ~OWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Reguqar Meeting commencing at 7:30 p.m. on THURSDAY, 'DECEMBER 12~ 1985, and as follows: 7:35 p.m. Application of EDWARD AND- NORMA BURTON, 12960 Main Road, East- Marion,--NY for a V-aria. nce to the Zoning Orclin-ance, Article III, Section-100-32, for permission to locate accessory storage shed in an area-other than the required rearyard at premises known as 12960 Main Road, East Marion, NY; · County Tax Map District 1000, Section 31, Block 14, Lot 10. 7:40 p.m. Application for EMILIA T. PIKE, Main Road, Mattituck, NY for a Variance-to the Zon-ing Ordinance,-Article III, Section 100--31, Bulk and Parking Schedule, for approval of insufficient area of proposed {arcels 1 and .2 and insufficient front'age (lot width) of Parcel I, in this p~oposed division of land locate.d at the north side of Main Road,-Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 26. 7:45 p.m. Application of JAMES AND MARY TYLER, 625 Marratooka Road, Mattituck, -NY for a Special'Exception to the Zoning Ordinance, Article VII, Section 100-70(B)[4] for permission to establish and build public garage at premises known as 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivisi. on Lot #3; County Tax Map District 1000, Section 125, Block l, Lot 19.6. 7:50 p.m. Application of HOWARD AND BARBARA DILLINGHAM, P~O. Box 488,~ Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Secti6n 100-.31~ Bulk Schedule, for approval of the construction of greenhouse addition with an insufficient setback from the south(easterly) si~e line at not less than 16 feet, and with insufficient total sideyards at not less than 31 feet, at premises known as 1900 Aldrich Lane, Laurel, NY; Laurel Estates East, Filed Subdivision Map 7870, Lot 9; County Tax Map District 1000, Section 125, Block 1, Lot 2.018. Page 2 Legal Notice of Hearings Regular Meeting of December 12, 1985 Southold Town Board of Appeals w~Bou 7:55 p.m. Application for LON__~G ISLAN~D SHORE~S~ INC___~., 684 Estero levard, Fort Myers Beach, FL 33931, for a Variance to the Zoning Ordinance~ Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of four proposed parcels and insufficient lot width of two proposed parcels in this pending division of land, premises located on the north side of North Road (C.R. 48), Greenp°rt, NY; Suffolk County Tax Map District 1000, Section 40, Block 01, ~ Lot 20, containing a total area of 5.20± acres. 8:05 p.m. Application of STAMATIOS AND ELENI RAPANAKIS, 2030 Boisseau Avenue, Southold~ NY for a Variance to the Zoning Ordi- nance, Article XI, Section lO0-tl8(D) for permission to reinstate nonconforming two-family dwelling use at 2030 Bo~sseau Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. (Recessed from October 24, 1985). 8:10 p.m. Application for PAUL AND MARY FLEMING by Eastern Windpower~ Inc., Osborne Avenue, Baiting Hollow, NY 11933, for a Variance to'the Zoning Ordinance, Article III, Section 100-32 and Section 100-30(C) for permission to erect a wind tower exceeding 18 feeti.in height fo~ the purposes of producing electricity, at -premises known as 35675 Route 25, Or-ient, NY; 'County Tax Map District 1000, Section 19, Block 2, Lot 10. 8:15 p.m. Application for GAIL DESSIMOZ AND MICHAEL RACZ by J. Douglas-Peix~ 208 Fifth A.venue, New York, NY lO010, for a Variance to-the Zonin-g Ordinance, Artic-le XI, Sections 'lO0-118(E) and 100-119.2, for: (a) permission to renovate and expand existing nonconforming cabin [guest cottage without sleeping facilities] exceeding 50% of value add square footage of same as exists; (b) permission to construct addition to existing nonconforming cabin withih 100 feet of bluff along the Long Island Sound, at premises known as 4255 Private Road #10 (Hallock Lane)~ Mattituck, NY; County Tax Map District lO00, Section t12, Bloc< 01, Lot 004. 8:25 p.m. Application of ROBERT A. CELIC, Box 1247, Matti- tuck, ~Y for a Variance :o the Zoning Ordinance, Article VII, Page 3 - Legal Notice of Hearings Regular Meeting of December 12, 1985 Southold Town Board of Appeals Section Marlene than 50 street Lane, Block lO0-71, for permission to establish access to and from Lane for off-street parking which will be located less feet from property a~uttihg th~ Main Road, the nearest intersection. Premises located on the east side of Marlene Mattituck, NY; County Tax Map District 1000, Section 143, 3, Lot 1. The Board of Appeals will hear at said time and place all persons desiring to be heard .in each of the above matters. .Written comments may also be submitted prior to the conclusion of the hear- ing in question. For more information, please call 765-1809 (alt. 1802). Dated: November 26, 1985. BY ORDER OF THE SOUTHOLD TOWN B.OARD OF APPEALS GERARD P. 'GOEHRINGER, CHAIRMAN Instructions to Newspapers: Please publish once, to wit: Thursday, December 5th, 1985, and forward nine affidavits of publication to: Mrs. Linda Kowalski, Secretary, Board of Appeals, Main Road, Southold, NY 11971, on or before December lOth. ............................................ ~' ...................... X Copies to the following on or about 12/2/85: Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Mr. and Mrs. 'Edward Burton Abigail Wickham, Esq. for Pike and LI Shores Mr. and Mrs. James Tyler Mr. and Mrs. Howard .Dillingham Mr. and Mrs. Stamatios Rapanakis Eastern Windpower Inc. for Fleming Mr. J. Douglas Peix for Dessimoz and Racz Mr. Robert A. Celic Edward J. Boyd VD Esq. (Re: Rapanakis) ZBA Members ZBA Individual Files Town Board 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 Roads Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, JANUARY 93 1986, and as follows: 7:30 p.m. Appeal No. 3406 RICHARD L. DUCHANO. Variance to the Zoning Ordinance, Article III, Sections lO0-30(A)[1] (and lO0-31) for permission to reseparate lots which have insufficient lot area, width and depth. Premises known as 715 Champiin Place and premises known as 224 Bridge Street, Greenport, NY, Suffolk County Tax Map District 1000, Section 34, Block 3, Lots 37 and 53 (53.1). 7:35 p.m. Appeal No. 3437 - FRANK AND MARY BROPHY. Request to rescind a previous conditional variance granted under Appeal No. 2922 dated t/19/82 for construction of a deck at premises known as 75 Second Street, New Suffolk, NY; Suffolk County Tax Map District 1000, Section 117, Block 10, Lot 20.7. 7:40 p.m. Appeal No. 3432 - JOHN AND JOYCE HOLZAPFEL. Variance from the conditions rendered under Appeal No. 2784 dated lg/tS/81 (and 688 dated 7/9/64) and/or to waive the improvements required under Appeal No. 2784 concerning Private Road #10 known as "Old Woods Road" located at the east side of South Harbor Road, Southold, NY, identified on the Suffolk County Tax Maps as District lO00~ Section 87, Block l, Lot 23.t, and approving access pursuant to New York Town Law, Section 280-a, from the east side of South _Harbor Road to the premises in question, identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 1, Lot 23.8. 7:45 p.m. Appeal No. 3429 - H. NORMAN McCULLOUGH III and ANTONE E. BERKOSKI~ Variance to the Zoning Ordinance, Article Section 100-31, for approval of insufficient depth of parcels in this pending three~tot minor subdivision, located at the corner of Oregon Road and Cox's Lane, Cutchogue, NY; County Tax Map District 1000~ Section 83~ Block 3, Lot 3. 7:50 p.m. Appeal No. 3435 - NORTH FORK COUNTRY CLUB. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to reestablish and rebuild country club building /age 2 /4. egal Notice of Hearings Regular Meeting of January 9, 1 986 which will include a restaurant, kitchen facilities, bar, pro shop with sales and various support rooms such as locker rooms and lounges, existing 18-hole golf course and existing two tennis courts, at premises located at the corner of Main Road and Moore's Lane, Cutchogue, NY; Suffolk County Tax Map District 1000, Section 109, Block 4, Lots 1, 3, 4 and 7. 7:55 p.m. Appeal No. 3434 - NORTH FORK COUNTRY CLUB. Variance to the Zonin~ Ordinance: (a)iArticle III, Section lO0-30(B)[6](a) to establish and continue existing and new parking area within 100 feet of street line, (b) Article XI, Section IO0-112(A) to vary number of parking spaces to less than that required by parking schedule. Location of Property: Corner of Main Road and Moore's Lane, Cutchogue, NY; Suffolk County Tax Map District 1000, Section 109, Block 4, Lots l, 3, 4 and 7. 8:00 p.m. Appeal No. 3382 - MATTITUCK HARBOR ASSOCIATES and BAY VIEW VENTURES. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient upland area of four lots in this pending major subdivision located at the South Side of New Suffolk Avenue, (llO±l.f. east of Deep Hole Drive), Mattituck, NY; Suffolk County Tax Map District 1000, Section llS, Block 17, Lot 17. 8:10 p.m. Appeal No. 3436 - CHARLES AND SYLVIA WILD. Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-3!, Bulk Schedule ~'A~ for permission to construct addition, to dwelling with an insufficient sideyard setback, premises known as 250 Lake Court, Southold, NY; Suffolk County Tax Map District 1000, Section 59, Block 5, Lot 6.  8 :15 p.m. Appeal No. 3354 - LONG ISLAND SHOR~. (Recessed om December t2, 1984) Variance for insufficient area and width parcels in this pending minor subdivision. N/s C.R. 48, Greenpor~; unty Tax Map Distric~ 1000, Section 40, Block 01, Lot 20. The Board of Appeals will hear at said time and place all persons desiring 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: December 12, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN TOWN OF SOUTH@LD BUILDING DEPARTMENT TO~ CLERK'S OFFICE SOUTiiOLD, N.Y. NOTICE OF DISAPPROVAL ~ ~ .~.. &, .¥...%...~.~.~.~..z. ......... PLEASE TAKE NOTICE t,b_at your application dated .. ~..~..L,)..~..~..~...I./ ........ 19 .~. Location of Prope~y House t~'o. ' ~[e~ ''' 0 Ham/et County T~ Map No. i000 Sect/on .... ~ .~.Q .... Block ..... ~ J ...... Lot .. Subdivision ................. F~ed Map No ................. Lot No ........... : ...... is returned he rewitl5 and disapproved on the following grounds. ~.;~... ~~. ~~, ........... ~, .~/~.~ -~-. ~.~..~ Bugd~g Inspector TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. '--q DATE .~,~i~ ~, 1985 .......... '7~ LONG ISLAND SHORES, INC. _. 684 Estero Btvd (We) .................................................................. aT ...................................... : ........ ; ............................ Name of Appella~l* Street and Number Fort Myers Beach, FL 33931 ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPL CATION DATED: 2/ll/85FOR: permission to divide WHEREBY THE BUILDING INSPECTOR DENIED TO Long Island Shores, Inc. c/o Wickham, Wickham & Bressler, P.C. Name of Applicant for permit of Main Road, ( ) ( ) Mattituck, NY 11952 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) PERMIT TO t~ DIV%D~ 1 LOCATION OF THE PROPERTY .~./.$.~.~...~.~..q`~.t..~...~.~.~.~.~..G..z..e'.e...~.p~.~.;..t.~..~...]]'A..~:~.~.¢~tia1 & Street and Hamlet A~Z!D~I~ulturat~ SCTM:~1000-040-01-020 OWNER iS): L. qn. g..%.s.l.a..n.d..S.h. 9.r.e.s.~. ~[D.c.. Map No. Lot No, DA~ ~O~CF~$~D: ..!%/.L5].8.3 .......... 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 I&I%~Section 106-20 E 100-31 Bulk & Parking Schedule, respectively 3, TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chop. 62 Cons. Laws Art. J6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appealx(~b~ (has 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 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 ( ) isrequested forthereasonthat we would like to subdivide the premises into four parcels each in excess of 1,2 acres. However, all lots are less than 80,000 square feet, and two lots have insufficient width. Forn% ZBI (Continue on other side) REASON FOR APPEAL Continued 1~ STRICT APPLICATION OF THE ORDINANCE would produce practicaidifficultiesorunneces- sary HARDSHIP because strict compliance w~uld permit only two lots of 114,000 square feet each. Only one lot would be located on the water, preventing maximum utilization of the water from an economic and aesthetic standpoint. Two lots of that size would be considerably out of proportion with the smaller lots in the neighborhood. 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 because of the long, narrow.nature of the property. 3. The Variance would observe the ~irit of the Ordinance and WOULD NOT CHANGE THE :~,tARACTER OF THE DISTRICT because the lots would all conform nicely to t e size of other lots in the neighborhood and would present a reasonable layout of the property from a planning standpoint. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS LONG ISLAND SHORES, INC. By Wickham, Wickh~B & BreSsler~ P.C. (Attorneys By Abi~il AG Signature Wickham Sworn to this ........... ~8..t..h.. ........................... day of .......... A.pr. il., ................................ 19 85 Notary Public --_ ~SuffoikCou~c~ ~ ~ ~ res ~arch 30, ~ ~/ OWNER STREET C~D SUB. LOT TYPE OF BUILDING RES. LAND IMF. TOTAL AGE lr-A'~M' --COMM. c~. DATE REMARKS BUILDING CONDITION MISC. Mkt. Value NEW NORMAL BELOW ABOVE FARM Tillable 'VillabJ~ 2 Tillable 3 ~ Voodk-,r, .' Swa~ o;and BrushJond House PIo~ Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH DOCK