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Home My WebLink About3509 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3509 Application Dated May ]3, ]986 (Public Hearing May 22, TO: Mr. and Mrs. Howard F. Malone 250 Blue Marlin Drive Southold, NY 11971 1986 ) [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on June 25, 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 [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-31, Bulk Schedule [ ] Request for Application of HOWARD AND JANET MALONE for Variances to the Zoning Ordinance, Article: ~ III, Section 100-31, Bulk Schedule, for permis- sion to construct addition with an insufficient sideyard setback, and (b) XI, Section 100-119.2(B) for permission to locate addition within 75~ of ordinary highwater mark and bulkhead at 250 Blue Marlin Drive, Greenport, NY~ Southo]d Shores Map No. 3853, Lot No. 3; County Tax Map Parcel No. 1000-56-07-21~ WHEREAS, a public hearing was held and concluded on May 22, in the Matter of the Application of HOWARD AND JANET MALONE under Appeal No. 3471; 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. By this application, appellant requests variances to the Zoning Ordinance for approval of the construction of an addi- tion along the east side of the existing dwelling, having an insufficient sideyard setback at not less than 8½ feet at its closest point, and having an insufficient setback from ordinary highwater mark at approximately 65 feet, as shown by survey revised May 12, 1986~ prepared by Roderick VanTuyl~ P.C. The total sideyards are not less than 27½ feet. 2. The premises in question is located along the south side of Blue Marlin Drive, Arshamomaque, Greenport, and is 1986 (CONTINUED ON PAGE TWO) DATED: June 25, 1986. CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 Appeal No. 3509 Matter of HOWARD AND OANET MALONE Decision Rendered June 25, 1986 identified as Lot No. 3 on "Map of Southold Shores," particularly shown on the Suffolk County Tax Maps as 1000, Section 56, Block 7, Lo t 21. and more District 3. The subject premises is improved with a single-family, one-story frame house having a setback from Blue Marlin Drive (along the front property line) at 95 feet and 61 feet from its closest point from the existing bulkhead (at the southwest corner. The property has a frontage (lot width) of lO0 feet, an average lot depth of 202.50 feet, and lot area of 20,4532 square feet. 4. For the record ~t is noted that by prior application under Appeal No. 2304, a variance was conditionally approved for the construction of a patio existing (with 2' high wall) with an insufficient sideyard setback at four feet. 5. It is also noted for the record that a building permit, under No. 14449Z, issued December 5, 1985 for the construction of additions with sideyards at 10' and 15' is pending. Records show that the first and second foundation inspections were approved, subject to receiving an updated survey. A Notice of Disapproval was issued on April 21, 1986. In considering this appeal, the board finds and deter- mines: (a) that the relief requested is the minimal necessary and is not substantial in relation to the zoning requirements; (b) there will be no substantial change in the character of the immediate area; (c) the circumstances are unique; (d) that the practical difficulties are sufficient to warrant the granting of a variance; (e) there is no other method feasible for appellant to pursue other than a variance; (f) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will best be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. SAwicki, it was RESOLVED, that the relief requested under Appeal No. 3509 in the Matter of the Application of HOWARD AND JANET MALONE for approval of the construction of an addition with an insuffi- cient setback from the easterly property line at not closer than the requested 8'8" and not closer than the requested 65~ from the ordinary highwater mark~ Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki~ (Member Doyen of Fishers Island was absent./ This resolution was duly adopted. lk July 2, 1986 RECEIVED AND FILED BY THE SOUTHOLD TOWN Ct.kinK DATE '7/3/f~ HOUR /':~ ~ Tg.~m ~C~er~ Town.of Soujhold 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 a~ the Southold Town Hall, Main Road, Southotd, NY at a Regular Meeting commencin9 at 7:30 p.m. on THURSDAY, MAY 22, 1986 and as follows: 7:35 p.m. Appeal No. 3399 - JOSEPH AND ANN PACELLI. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, depth and width of three parcels referred to as Lots #1, 9 and 10, Map of Bayside Terrace, Southold, NY; Lot #1 located along the south side of North Bayview Road, ~nd Lots #9 and #10 located along the easthside of Summer Lane; County Tax Map District 1000, Section 78, Block. 9~ Lots 1 and 16. ?:40 p.m. Appeal No. 3492 JOYCE TESE. Variance to the Zoning Ordinance, Article III, Section 100-32C, for permission to locate accessory three-car garage in frontyard area, at 800 Jackson Street, New Suffolk, NY; County Tax Map District 1000, Sectio~ 117, Block 10, Lot 5. 7:45 p~m. Appeal No. 3498 GREENPORT N.Y. CONGREGATION OF JEHOVAH WITNESSES. Special Exception to~ the Zoning Ordinance, Article III, Section 100-30(B)[2] for permission to constr'uct addition and establish same for religious, library use, at 1345 Indian Neck Lane (a/k/a 50 Spring Lane), Peconic, NY; County Tax Map District 1000, Section 86, Block 5, Lot 1. 7:50 p.m. Appeal No. 3504 GREENPORT HOUSING ALLIANCE. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate new sin§le-f~mily dwelling with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Street, Greenport~ NY; Map of Greenport Driving Park, Lot #369; County Tax Map District lO00,~'Section 48, Block 3, Lot 16. 7:55 p.m. Appeal ~o. 3500 - NORMAN REICH. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct deck addition with insufficient rearyard setback at 655 Cedar Drive, East Marion, NY; County Tax Map District 1000, Section 22, Block 2, Lot 41. Page 2 - Not~ce of Hearings Southold Town Board of Appeals Regular Meeting of May 22, 1986 8:00 p.m. Appeal No. 2483 PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessor.y garage/storage building in frontyard area at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8. 8:05 p.m. Appeal No. 3065 JOHN M. KERBS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of three parcels in this proposed four-lot minor subdivision located along the south side of Middle Road (C.R. 48), Southold, NY; County Tax Map District 1000, Section 55, Block 3, Lot 3. 8:15 p.m. Appeal No. 3418 - GRETCHEN HEIGL (Recessed from April 3, 1986). 8:20 p.m. Appeal No. 3493 - WELLS PONTIAC-CADILLAC. Variances to the Zoning Ordinance, Article VI: (a) Section lO0-60(C)[2](a) for permission to erect ground sign exceeding maximum 6'6" height requirement, and. exceeding height requirement of 15'6" from ground to upper edge of sign~ and (b) Section 100-60(C)[2](b)[4] for permission to place wall sign with projection of more than one foot, at 42155 Main Road (a/k/a 20 Peconic Lane), Peconic, NY~ County Tax Map District l'O00, Section 75, Block l, Lot 14. 8:25 p.m. Appeal No. 3491 DONALD J. GRIM. Special Exception of the Zoning Ordinance, Article IX, Section 100-90 for permission to constrtrct storage building and establish outside stockpiling of material uses in this "C-l" Heavy Industrial Zoning District. Location of Property: Lot #2, (Pending) Minor Subdivision #450 of L.B. Glover, south side of Oregon Road, Cutchogue; County Tax Map District 1000, Section 83, Block 3, Part of Lot 4.4, containing 4.59 acres. 8:30 p.m. Appeal No. 3477 - KATHERINE AND WILLIAM HEINS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient area, width and depth of two parcels in this proposed division located along the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. 8:45 p.m. Appeal No. 3501 - NORTH FORK WELDING/SCHOENSTEIN. Variances' to the Zoning Ordinance, Articles: (a XI~ Section Page 3 - Notice of Hearings Southold Town Board ofiAppeals Regular Meeting of May 22, 1986 100-119.2(B) for permission to locate new building within the required 75' setback from wetlands area, (b) VI, Section 100-60 for permission to expand nonconforming use of welding business in this 'B-Light" Business Zoning District located along the south side of Main Road, (S.R. 25), Greenport, NY; Cou'nty 'Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 1~.74, Pecenic Bay Estates Map #658, and Map #1124 as Amended. 8:50 p.m. Appeal No. 3471 from May l, 1986). NICHOLAS TSIRKAS (Recessed 8:55 p.m. Appeal No. 3497 MARJORIE D. PETRAS. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition in excess of maximum-permitted 20% lot coverage requirement, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 9:05 p.m. Appeal No. 3507 NICK THEOPHILOS. Va.~]ance to the Zoning Ordinance, Article XI, Section lO0-119.2(A) for permission to locate swimmingpool with deck and fence enclosure within 100' of bluff area along Long Island Sound, at 2200 Sound Drive, Greenport, NY; Lot #118, Map of Eastern Shores, Section 4; County Tax Map Parcel No. 1000-33-1-16. 9:10 p.m. Appeal No. 3458 NORTH ROAD ASSOCIATES. Variance to the Zoning Ordinance, Article III, Section 100-31 For Article XIII, Section 100-136(E)] for approval of three parcels having insufficient area, and proposed Parcel #3 having insufficient depth, located o~ private right-of-way off the north side of Main Road (S.R. 25), Orient, NY; County Tax Map Parcel No. 1000- 018-4-1 (1.1). 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 comments may also hearing in question. For (alt. 1802). Dated: April 16, 1986. be submitted prior to the conclusion of the more information, please call 765-1809 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thur6day, May 15, 1986 and forward two affida, vits of publication on or before May 19th to: Board of Appeals, Main Road, Southold, NY 11971. lk NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code o~ the Town of Southold, the following p. ublic hearings will be held in addition to those previously advertised by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting on THURSDAY~ MAY 22, 1986: 8:10 p.m. Appeal No. 3506 - ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate attached deck and seafood holding tanks within 75' of high water and bulkhead, at 62140 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-2; Lewis Homes Co., I~c~. Eiled Map #535, Lots 1~9 inclusive. /~ 8:50 p.m. Appeal No. 3509 ] HOWARD AND JANET MALONE. Variances to the ZOning Ordinance, Article. (a) III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient sideyard setback, and !b) XI, Section 100-119.2(B) for permission~ to locate addition within 75' of ordinary highwater ma[k and b~lkhead, at 250 Blue Marlin Drive, Greenport, NY; Southold Shor~s Map #~853, Lot #3; County Tax Map Parcel No. 1000-56-07-21. Dated: April 16, 1986. GERARD P. GOEHRINGcR,~ CHAIRMAN ~ (516) 765-t809 ATTENTION NEWSPAPERS: Please publish Thursda~.z._lq_~9~y 15th and forward two affidavits of publication on or before May 19th to: Board of Appeals, Main Road, Southold, NY; (5!6) 765-1809. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIdOLD, N.Y. NOTICE OF DISAPPROVAL Date ............... 19. . PLEASE TAKE NOTICE that your application dated ..//~..~..~r, .,~...~......~ ....... , 19 ~.&.~.. for p~it to ~~.. ~~% ................................... at County T~ Map No. 1000 Section .., ~.~ ..... Block ..... ~ ~ ..... ~t . .~ J ......... Subdivision ................. Filed Map No ................. Lot No ................. is returned herewith and disapproved on the following grounds..~,~ ~....-)~..~ ~..J ~ ~ ~ ~.~.~.,.~.~.~ ~ ~ ~ -' ' "- ...... 3~'2'"~ ......... ~ .... ~ .......... ........ .~ ......... ~.. ....................... : .... ,..~N .... ~ ................. ~~ ~~., ............................................... Building Inspector RV t/80 APPEAL FROM DECISION OF BUILDING INSPECTOR TOWN OF SOUTHOLD, NEW YORK APPEAL NO..~6~c) ~ DATE ....4./..2..9./. ,8. ~ ............. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Howard F. & Janet A. Malone 250 Blue Marlin Drive I, (We) .................................................................. of ............................................................................ · Name of Appellant Street and Number Municipality ......... .~,.[ ............ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO....l..4..4j..9.z. ...................... DATED ....... %~.f.~.f.~.~. ................................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Howard F. & Janet A. Malone Name of Applicant for permit of 250 Blue Marlin Dr., Greenport, NY Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to continue construction on the east side addition 1. LOCATION OF THE PROPERTY ..gS.O..~.l~.¢..~[Z%n.~x...~=L.g~%~n~%~l ............................. Street Use District on Zoning Map County ~ax Map 1000 - Sect. 056 _ Lot 21 ... Subdivision Southo~ $~9~sJBlpck 07 Current Owner Above Mop No. 3853 Lot No. 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.) ~'~R~'~ Article III Section 100-31 CA~eal for insufficient sideyard clearance) 3. TYPE OF APPEAL Appeal is made herewith for ( ~ ) A VARIANCE to the Zoning Ordi~nce or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town L~ Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~has not~/been made with respect to this d~cision 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 (X) A Variance to the Zoning Ordinence is requested for the reason that the concrete foundation for a permitted addition was erected in error, with ~he north end of the 22 foot outer wall slightly pene- trating the 10' side yard clearance zone - the area of the enclosed foundation is approx. 300 sq. ft.. The area of concern represents 1% of that area - as shown on the accompanying site plan. Form ZBI (Continue on other side) : ~ : REASON FOR APPEAL ~ Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie~r~u.~.n.~,~%f~ sory HARDSHIP becau~ strict application of the ordinance would produce a financial hardship based on the expense of correcting this unintentional event with removal and reconstruction,~ince retiring here last September, we have suffered uninsured Hurricar~Gloria, losses of nearly $17,000 which has severely impacted our construction budget and I would have to personally perform the physical activities related to a removal and/or correction of the east wall, which is a formidable task. 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this property and in this use district because the property lines for Lots 1-4 in our division are angled, rather than perpendicular to the road as are the rest of Blue Marlin Drive Properties. The encrouchment, in any case, is indiscernable, expecially with the skewed plot plan and angulated house layout. 3 The Yarisnce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the encroached area (a slender triangle) is in such a location and of such a small magnitude that it is not visually detectable, nor would it be offensive to my neighbors or the local community, thus complying with the spirit of the ordinance. I made an error, discovered it and promptly notified the Building Dept. I respectfully request a decision granting me a relief from the applicable ordinance so that i may proceed with my construction activities. STATE OF NEW YORK ) ) ss COUNTY OF£~~ ) ~~'"" Signature .................... Sworn to this ................ ..~...CL~ ...................... day of...~ ................................... 19~-~¢ (¢