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HomeMy WebLinkAbout3429S/e corner of Oregen Rd. 083 Cutchogue, NY 003 ~ ,l~ 1~ McCullough, ~orman ~3429 11/12/85 proposed minor subdivision 3 lots with insufficeint depth -~t~/~ C~ 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. 3429 Application Dated November ]2, ]985 TO: Mr. H. Norman McCullough III 510 Main Street Greenport, NY 11944 (Public Hearing ]/9/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February 14, ]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 IX] Request for Variance to the Zoning Ordinance Article III , Section 100-3], Bulk Schedule [ ] Request for Application of H. NORMAN McCULLOUGH III and ANTONE E. BERKOSKI for a Variance to the Zoning Ordinance, Art'fc'le''I'I"I', Se'ction 100-3l, for approval of insufficient depth of parcels in this pending three-lot 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. WHEREAS, a public hearing was held in the Matter of the Application of H. BERKOSKI under Appeal No. 3429; and and concluded on January 9, 1986, NORMAN McCULLOUGH III and ANTONE E. WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application, and it is noted that no public opposition has been received; 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 contains a total area of 5.967 acres and is situated at the southeast corner of Oregon Road and Cox's Lane, Cutchogue, identified on the Suffolk County Tax Maps as District 1000, Section 83, Block 3, Lot 3. 2. By this application, appellants request a variance for insufficient lot depth of three parcels, proposed as follows: (a) Parcel 1 of an area of 85,600+ sq. ft. in area, frontage [lot width] of 397 feet, and lot depth of 222.47 feet; (b) Parcel 2 of an area of 86,600 sq. ft., frontage [lot width] of 386 feet, and lot depth of 224+ feet; (c) Parcel 3 of 86,600 sq. ft., frontage [lot width] of 363 feet, and lot depth of an average of 227.50± feet, all as shown on sketch plan/survey prepared by Roderick VanTuyl, P.C. October 26, 1984. 3. Proposed Parcel #1 is presently improved with a noncon- forming building depicted "cottage" on the October 26, 1984 sketch plan/survey and which has been in delapidated condition for quite some time; proposed Parcels #2 and #3 are vacant. (CONTINUED ON PAGE TWO) DATED: February 24, Form ZB4 (rev. 12/81) 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3429 Matter of MCCULLOUGH AND BERKOSKI Decision Rendered February 14, 1986 4. The board finds there is no other method feasible for the appellants to pursue other than the variance and therefore agree with appellants' reasoning. 5. For the record, it is noted that favorable comments have been received from the Southold Town Planning Board by action taken December 2, 1985 on the general layout of this minor subdivision. 6. It is also noted for the record that Certificate of Occupancy #Z12961 was issued for the entire parcel of 5.967 acres on November 9, 1984. In considering this application, the board has determined: (a) the relief requested is unique; (b) the relief requested is not substantial, being 10% of the requirements; (c) there will be no substantial change in the character of this district; (d) the relief as requested is not substantial; (e) the public health, welfare, and safety of the town will be served by upholding this application; (f) there is no other method available for the appellants to pursue other than a variance; (g) the spirit of the zoning ordinance will best be served by allowing the variance, as condi- tionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3429 in the Matter of the Application of H. NORMAN McCULLOUGH and ANTONE E. BERKOSKI as applied and SUBJECT TO THE FOLLOWING CONDITION: That the existing delapidated structure conform to the require- ments of the zoning and building codes if converted to a residence as to livable floor area, setbacks, etc. (as well as meeting setback requirements of an accessory structure if used as such). Vote of the Board: Ayes: Messrs. and Sawicki. (Members Doyen and Sawicki resolution was duly adopted. Goehringer, Grigonis were absent.) This lk GE N G~E~R, February 24, 198~ -','~-T=" ."', Town ~erk, Tovm NOTICE IS HEREBY GIVEN, Law and the Code of the Town hearings wilt be held by the the Southold Town Hall, Main commencing at 7:30 pursuant to Section 267 of the Town of Southold, the following public SOUTHOLD TOWN BOARD OF APPEALS at Road, Southold, NY at a Regular Meeting p.m. on THURSDAY, JANUARY 9, 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 100-3t) for permission to reseparate lots which have insufficient lot area, width and depth. Premises known as 715 Cham~lin Place and premises known as 224 Bridge Street, Greenport, NY; Suffolk County Tax Map District lO00, 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 1/19/82 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 10/16/81 (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 1000, Section 87, Block 1, Lot 23.1, 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 - ~ NORMA~N McCULLOUG~H I~I~ an~d NE E. BERKOSKI~ Variance to the Zoning Ordinance, Article II~I,~ ion i00-31, for approval of insufficient depth of parcels in //~his pending three-lot minor subdivisions located at the corner ~of Oregon Road and Cox's Lane, Cutchogue~ NY; County Tax Map strict 1000, Section 83, Block 3~ Lot 3. 7:50 p.m. Appeal No. 3436 ~ Exception to the Zoning Ordinance, for permission to reestablish and NORTH FORK COUNTRY CLUB. Special Article III, Section. lO0-30(B) rebuild country club building Page 2 Legal Notice of Hearings Regular Meeting of January 9, 1986 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 l, 3~ 4 and 7. 7:55 p.m. Appeal No. 3434 - NORTH FORK COUNTRY CLUB. Variance to the Zoning Ordinance: (a);Article 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 lO0-112(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 1, 3, 4 and 7. 8:00 p.m. Appeal No. 3382 - MATTITUCK HARBOR ASSOCIATES and BAY VIEW VENTURES. Variance to the Zoning Ord~nance~ Article IZI, 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 lO00, Section 115~ 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 100-31~ 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 SHORES. (Recessed from December 12, 1984) Variance for insufficient area and width of parcels in this pending minor subdivision. N/s C.R. 48, Greenport; County Tax Map District 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. ~ritten 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 SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ...~/c~,.~., .~o. ~. L..~ .~.., .*./:.. PLEASE TAKE NOTICE that your application dated ....././., .~ ................ 19 ~ for pe~it to ~ ~.L~/.~:.. ~ ~ ~. .............................. ~ ~t Location of ProperU.. ~/~[.~...~. ~. ~..~. ~'. ..... ~~.~[w- House No. .~treet ~ Hamlet c~.~w ~ ~ ~. ~ooo s~t~ . .~.~. ..... m~ .. ~.~. ....... ~ot ~.~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ............................ ....,J. .... 4.0. ?...,.....o.~...z.~.,5..o..z-,::r.-.,:c..,,'.~.-.~ .~. . ?. .~. .,C. .T. .~. . . : ................. ........ . .~. . ~7 . .'/. .;. /. . . ...2~_,.~ . r o. . e. .-: .~. ./. . . . .~. ?. ~.~ . ~. ~. /.4~. .,,.6. c(z. . .Co. RV 1/80 TOWN OF SOUTNOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE . ~./..¥,/...~.. ,Z. ~. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. H. Norman MoOullough III 510 Main St. Name of AppelJon$ Sfreet and Number Greenport New York ............... .~...o..g.ih.9.~ ....................................................................................... HEREBY APPEAL TO Municipcility State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON no number issued November .1., 1985 APPLICATION FOR PERMIT NO ..................................... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO H. Norman McOullough III and Ors. Name of Applicant for permit of 510 Main St. ..................................................... .............................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Permit to subdivide property 1. LOCATION OF THE PROPERTY ~/~`~.~...~.~.~.~e~.~'~?.`e~.~.~;~.''a~'~.~.'~'~..~8~.~`~: ......... '[..A.::.,. Street Use District on Zoning Map looo-o83-o3-oo3 .................................................................................. Cu~Pen~ 0wnerH' Norman~__~ ~.__McO~ll°~gh ZTT Map No. Lot No. ~*~ ~ ~' 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and ?aragra~h of the Zoning Ordinance by number. Do not quote the Ordinance.) Artza.Le TZZ, ~eatlon 100-31, ?aragr~ph 0, 0olu~r~ A-80 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance ( ) 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 YJ~mk!h_as not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a spe:ial permit ( ) request for a variance and was made in Appeal No ................................. Dated ..................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reasonthat A variance to the lot depth requirement is needed to of the proposed minor subdivision. allow approval t~rm z~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP because it would prevent us, the owners, from establishing new lets and building our homes on this property. Our proposed minor sub- division establishes three lots with depths ranging from 22£ feet to 225 feet. However, Southold Town Code requires 250 feet. We carm_ot conform t~ the lot depth requirement because o,~r proposed division already utilizes the full depth of our existing lot in each of the proposed lots. 2 The hardship createdis UNIQUE and is notshared by aH prope~ies alike in the immediate vicinity ofthis property and in this use district because strict application of Article III Section 100-31 prevents establishment and use or lots whose area, length, and width physically conform to stated requirements, but whose orientation to the road makes them nonconforming only by definition of width and depth. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because~-the sole purpose of the variance would be to allow the establishment of three (3) two acre residential lots~ of reasonable dimensions. The character of the district would remain u~changed because our proposed use is consistent with current land use in the area. Several homes already exist in the vi~inty, and the majority of these existing homes are on lots whose dimensions are smaller than the dimensions of our proposed lots. STATE OF NEW YORK COUNTY SS Signature Sworn tc this .............. Z ............................ day ........................................... 19 SEAS. RES. ~// LAND IMP, TOTAL DATE AGE N~W FARM Woodland Meedowl~nd House Plot Total NGRMAL VL 9 FARM COMM, CB. MICS. Mkt. Value REMARKS ¢*-,~ BUILDING CONDITION BELOW ABOVE Volue Per Acre FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK COLOR TR~M M. Bldg, Extension Extension Porch Porch Breezeway tFound___ _._at i____o;_~ Basement Fire Place Floors Interibr Finish Heat ~DinetteZ -- Gay'age Type Roof Patio Recreation Roan O.B. Dormer Total Rooms 1st Floor Rooms 2nd Floor Driveway