HomeMy WebLinkAbout3382S/s New Suffolk Avenue, Mattituck 115
17
17
2/6/86 - Approved inclusion of
wetland area in subdivision lot area.
Mattituck Harbor Associates ~:~ #H t/¥/~
Subsequent Planning Board action on
major subdivision,6/1/83.
DEC Permit #10-83-1485
Appeal No.
Application
TO:
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD Z5 SOUTHOLD, L.I., N.Y. 119'71
ACTION OF THE ZONING BOARD OF APPEALS
TELEPHONE (516) 765-1809
3382
Dated July ll, 1985 (Health Department approval
Anthony T. Conforti, Esq. as Attorney
for MATTITUCK HARBOR ASSOCIATES
739 East Main Street
Riverhead, NY ll901
]/9/86)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on February 6, 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
for Variance to the Zoning O~
Ix] Request III , Sectio~~%'du]
Article e
[ ] Request for
Application of MATTITUCK HARBOR ASSOCIATES and BAY VIEW VENTURES
(a/k/a HARBOR VIEW), for a Variance to the Zoning Ordinance, Article
III, Section 100-31, Bulk Schedules for approval of insufficient upland
area of four lots in this pending major subdivision located at the
South Side of New Suffolk Avenues (llO±l.f. east of Deep Hole Drive),
Mattituck, NY; Suffolk County Tax Map District 1000, Section 115, Block
17, Lot 17.
This is an Appeal wherein the Appellant requests a Variance
from the provisions of the Zoning Code as it relates to the deter-
mination of the area of a lot.
Appellant is the owner of a parcel of land on the south side of
New Suffolk Avenue at Mattituck, New York, lying east of Deep Hole
Drive. The parcel contains a total of 49.140 acres, more or less,
and is identified on the Suffolk County Tax Maps as District 1000,
Section 115, Block 17, Lot 17.
Appellant has filed an application with the Planning Board
of the Town of Southold for the approval of a subdivision of the
premises. All of the lots shown on the proposed subdivision map
exceed 40,000 sq. ft. in area which is the minimum required lot
size with respect to this subdivision. However, a portion of four
of the lots (13, 22, 31 and 32) consists of wetlands. The Planning
Board has required that the portion of each of said lots comprising
of wetlands be excluded in the determination of lot area as a result
of which the four lots in question would have an area of less than
40,000 square feet.
The Appellant, in addition to his formal appeal, has submitted
a Brief in which two recent New York cases have been cited, to wit:
Bloom v. Town Board of the Town of Oyster Bay, 32 NY2d 930, 347 NYS2d
197 i(1973) and Ashman v. Edwards, et al. AD 2d 923 (1982) as authority
for the proposition that a Planning Board has no authority to exclude
(CONTINUED ON PAGE TWO)
DATED: April 5, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3382
Matter of MATTITUCK HARBOR ASSOCIATES
Decision Rendered February 6, 1986
wetlands and other nonbuildable area in the determination of the lot
areas.
This Board has reviewed this matter with the Town Attorney,
who has advised this Board that under the authority of the above
cited cases, the wetlands much be included in determining the lot
area of each lot. This Board is in accord with the Town Attorney's
opinion, and accordingly, determines that in considering the lot area
of the four lots in question, the wetlands must be included in the
determination of such area.
Now, therefore, on motion by Mr. Grigonis, seconded by
Mr. Goehringer, it was
RESOLVED,
of the lot area
No. 3382 in the
the the wetlands area be included in the determination
of the four lots in question as applied under Appeal
Matter of MATTITUCK HARBOR ASSOCIATES.
Vote of the Board:
and Sawicki. (Absent was:
was duly adopted.
Ayes: Messrs. Goehringer, Grigonis, Doyen
Robert J. Douglass). This resolution
lk
GERARD P-.--GO~H~'INGER, ~IRMAN
April 5, 1986
___To~____C!erk., Town of Southold
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 Reg~l~r Meeting
commencing at 7:30 p.m. on THURSDAY, JANUARY 9, 1986, and~ as follows:
7:30 p.mo Appeal No. 3406 RICHARD L. DUCHANO~ Variance to
the Zoning Ordinance, Article III, Sections lO0-30(A)[1] (and 100-31)
for permission to reseparate lots which have insufficient lot area,
width and depth. Premises known as 715 Champlin 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 Noo 3437 FRANK AND MARY BROPH¥o Request to
rescind a previous conditional variance granted under Appeal No. 2922
dated ]/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.
from
(and 688 dated 7/9/64)
under Appeal No. 2784
Woods Road" located at
N¥~ identified on the
7:40 p.m. Appeal NOo 3432 JOHN AND JOYCE HOLZAPFEL. Variance
the conditions rendered under Appeal No. 2784 dated 10/15/81
and/or to waive the improvements required
concerning Private Road #I0 known as "Old
the east side of South Harbor Road, Southold,
Suffolk County Tax Maps as District 1000,
Section 87, Block l, 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 2348.
7:45 p~m. Appeal No. 3429 H. NORMAN McCULLOUGH iii and
ANTONE Eo BERKOSKt~ Variance to the Zoning Ordinance, Article iI~,
Section iO0-31, 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 lO00, 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
Page 2
Legal Notice of Hearings
Regular Meeting of January
I 986
which will include a restaurant, kitchen facilities, bar, pro
shop with sales and various support rooms such as locker rooms and
lounges, existing t8-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 COUNIRY 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~!12(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 'x~
VIEW VENTURES. Varianc? to the Zoning Ordinance~ Article III,/
tion ]00-31, Bulk Schedule, for approval of insufficient uplandL
of ,our lots in this pending major subdivision located at the~
th Side of New Suffolk Avenue, (ilO±l.f. east~of Deep Hole Drive),
tituck, NY~ Suffolk County Tax Map District ~000, Section t15,/
L__BQock 17, Lot 17. -~
8:i0 p.m. Appeal No. 3436 CHARLES AND SYLVIA WIL~ V'ariance
to the Zoning Ordinance, ArticIe III, Sections 100~30 and lO0-31,
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.Ro 48, Greenport
County Tax Map District 1000, Section 40, Block 01, Lot 20.
The Board of Appeals w~ll 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 SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N.Y.
NOTICE OF DISAPPROVAL
/ .._
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Subdivision ................. Fzled Map No ................. Lot No ..................
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RV 1/80
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~C:~
TO THE ZONING BOARD Of APPEALS, TOWN OF SOUTHOLD, N. Y.
Mattituck Harbor Associates c/o Anthony T. Ccnforti, Esq., 739 East Main
1, (We) .Ba~..View..V.en~tres ............................. of ....~ta~..Ri~er~ead~..~Z..llgO.1. ................
Nome of Appellon:t Street and Number
Municipality
..... itC: .................. HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......... 7/9/..8.5 ............................
WHEREBY THE BUILDING INSPECTOR DENIED TO
(X)
(
Mattituck Harbor Associates
Name of Applicant for permit
of 739 East Ma~u Street, Riverhead, NY
Street and Number Municipality State
PERMIT TO USE
) PERMIT FOR OCCUPANCY
{ ~
1. LOCATION OF THE PROPERTY New Suffolk Avenue, "A" Residential Agricultural
Street Use District on Zoning Map
Map 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 Ordinance.)
_ Az'b III S~ct. 100-31: ~]k Schcdu]~ Col A40
3. TYPE OF APPEAL Appeal is mode herewith for
(×) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to [ack 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 'Bui!d!~ 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 Ordinance
)
~s requested for the reason that
Preliminary approval of proposed map was granted by Zoning ~Dard. Applicants
have incuLrred great expense for engineering fees to meet Health Dept. and DEC
standards.
(Continue on other side)
REASON FOR APPEAL Continued
I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
(See reason for appeal)
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
Planning Board has recently begun to exclude wetlands frc~ lot size calculations
in non-cluster subdivision.
3 The Variance would observe the spirit of the Ordinance'and WOULD NOT CHANGE THE
CkIARACTER OF THE DISTRICT because
Virtually all lots in the immediate area are e_qual to or smaller than the
area of the proposed lots.
COUNTySTATE OF ~EW YORK ~OFS~O~ ~ ss .....
Sworn to this ~.tt~ ........... day of.-.-.J..~..l~...1-~8-,5- ..................................
Notary Public
. >soo ~
//.:_/,_**?0W~ 0t~ SOUTHOILB
OWNER
FORMER OWNER
STREET VILLAGE
~CO~D CAI~D
DISTRICT SUB. LOT
;REAGE
TYPE OF BUILDllxlG
TOTAL
LAND
SEAS.
IMP,
AGE
NEW '4ORMAL
Form
Tillable
Tillable 2
'Tillable 3
VL.
CB. !MISC.
REMARKS
Woodland
Swqmpland
Brushlond
House Plot
Total
M. Bldg.
Extension
Extension
Extension
Foundation
Basement
Ext. WaiFs
Fire Place
Porch
Porch
Garage
Patio
Driveway
7T
Z~/~,~/(, /Bath /
PR/~ 7~ Floors P/NE
5Interior Finish L~'~- ~D
H ea,.t ~E ~
Attic
Rooms 1 st
Rooms 2nd Floor