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Home My WebLink About3508 old Town Board o eals TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3508 Application Dated May 7, ]986 TO: Mr. Chris 5chwarting Southold Pools P.O. Box 539 Southold, NY 11971 Mr. David Moore, 301 (Public ,Hearing June 19, E. 47th St, Apt. 3M, NY, NY 1986) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 31, ]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 [X] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2 [ ] Request for Application of DAVID MOORE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate new pool, deck and fence areas with an insufficient setback from Long Island Sound bluff. Location of Property: North side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-17. WHEREAS, a public hearing was held on June 19, 1986, in the Matter of the Application of DAVID MOORE under Appeal No. 3508; 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. The premises in question is located in the "A-40" Residential and Agricultural Zoning District along the north side of Soundview Avenue, Southold, Town of Southold, with frontage along the Long Island Sound of 145± feet and along Soundview Avenue of 158.75 feet. 2. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 4, Lot 17, contains a total area of approximately 41,500± square feet, and is improved with the following structures: (a) single-family wood frame dwelling set back 105± feet from the front property line, 40 feet from the westerly side property line, 40 feet from the easterly side property line, 22 feet from the top of bluff, at its ~losest points; (b) one-story frame cottage structure located in the frontyard area at the southeast corner three feet from the east side line, 6± feet from the front line'[at its closest points], all as shown by plan #86-038 dated 6/4/86 prepared by Steve G. Tsontakis Associates. DATED: August 9, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3508 Matter of DAVID MOORE Decision Rendered July 31, 1986 3. By this application, appellant requests permission to locate a 16' by 36' inground steel-frame swimmingpool and wood decks along the westerly side of the existing dwelling as shown on plan #86-038 dated 6/4/86. The setbacks of the proposed new addition are: (a) at the closest point from the westerly side line, 15 feet; (b) at the closest point from the top of bluff area, 20 feet. The existing setback of the dwelling at this northwesterly corner from the top of bluff scales to be 41± feet. 4. Article XI, Section 100-119.2, sub-paragraph (A)[1] requires all buildings proposed on lots adjacent to Long Island Sound to be set back not less than one-hundred [100] feet from the top of the bluff or bank. 5. Reference is made for the record of the June ll, 1986 report requested from the U.S. Department of Agriculture, Soil Conservation Service, which as noted in its report suggests a location at the southerly end of the house as more suitable. 6. It is the opinion of the board members that new construction be located as far back from the bluff edge as possible, which in turn would be the minimal variance necessary and under the circumstances would allow more distance from the areas actively eroding at the top lip of the bluff and/or continued sliding of the bluff face. In considering this appeal, the board also finds and determines: (a) that the percentage of relief requested from the 100' minimum setback requirement is substantial, being a variance of 80%; (b) the placement of the new construction at this specific location is not the most feasible area, since She construction could be moved to a more southerly direction, towards the southwest corner of the existing dwelling; (c) the circumstances are not unique; (d) the practical difficul- ties given are not sufficient to warrant a granting of this variance as applied; (e) the difficulty can be obviated by some method feasibly for appellant to pursue other than a variance; (f) that in view of the manner in which the diffi- culty arose and in consideration of all the above factors, the interests of justice will best be served by denying the variance, without prejudice. Accordingly, on motion by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, that a Variance for permission to locate attached inground swimmingpool with deck areas a distance of 20± feet from the top of bluff along the Long Island Sound, BE AND HEREBY IS DENIED WITHOUT PREJUDICE as applied under Appeal No. 3508 in the Matter of the Application for DAVID MOORE. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and Sawicki. (Member Grigonis was absent.) This resolution was duly adopted. _ GERARD P. (~OEHRI~GER, CHAIRMAN RECEIVED AND FILED BY I/' August , 1986/ THE SOUTHOLD TO%'~l~ ,C-~'.EP~ [ 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: ~: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, ~n~'that the property owners be left to regular procedures of law, ~ 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 Se.cond 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 or'the Zoning Ordinance for approval of an accessory apartment pursuant to Article III, Section.,lOO-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 fr~m L6ngFIsland ~ound bluff. Location of Property: North Side of Sound Drive, Greenport; i'!Map of Section FourZEastern Shores" Lot #117, Map No. 4586; County Tax Map ParcelT~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 areas with an insufficient set- back from Long Island Sound.bluff. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel ~,~o. 1000-51-4-17. ~__ 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 100-30(A) for 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 No. 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: 6135 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-6-19. 8:05 p.m. Appeal No. 3424 - 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 B~y Home Road (and along the end of Willow Point Road), Southo~d, NY; County Tax Map Parcels No. 1000-56-5-39, 40, and ~1. 8:10 p.m. Appeal No. 3518 - MARJORIE D. PETRAS.~for a Variance to the Zoning Ordinance, Article XI, .Sectio~ 100-119.2 for insufficient setback of proposed additions from ~'utkhead along Corey Creek, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 8:15 p.m. Appeal No. 3505 RALPH AND LUCILLE STOCKER for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate proposed new dwelling with an insufficient frontyard setback. LocatioD?f Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport, NY; Cleaves Point, Section 3, Map No. 4650, Lot ~; County Tax Parcel No. 1000-35-5-28. Map 8:20 p.m. Appeal No. 3513 STEPHEN Variance to the Zoning Ordinance, Article 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." SHILOWITZ for a XI, Section lO0-119.2(B) 8:30 p.m. Appeal ~o. 3510 RICHARD AND RUTH ZEIDLER for a Variance to the Zoning Ordinance, Article 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; Edgemer~ 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 an 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 ~o. 3512 - SAMUEL BAIL~ for the Zoning Ordinance, Article III, SectionllO0~31, for permission to construct deck addition and roof stairs which exceeds the maximum-permitted 20% lot roof overhang will reduced sideyard setback to less permitted. Location of Property: 1980 Sigsbee Road, NY; County Tax Map Parcel No. 1000-144-01-015. a Variance to Bulk-Schedule, o~er cellar c~yerage and than that Mattituck, 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: ~une 9, 1986. BY ORDER OF THE Se-UTHOLD TOWN BOARD OF APPEALS~.- GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thursdas, June 12, 1986 and forward two affidavits of publlication on or before June 17th to: Board of Appeals, Main Road, Southold, NY 11971. lk FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~o~pe~mit ~o' ~.~...~..~:. ~.~..~..~.~.,~ .; .~..~ Location of Property ......... House No. Street Hamlet County Tax Map No. ]000 Section .... .~). ~.~ .... Block .... .~. ........ Lot . .).~. .......... Subdivision ................. Fried Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~5~...'.~.~...~....~...~..fi.~...- I ~,~.,. . . ~ ' ~ .~.~ ~,~..*.~. ~ ~. ~.~ ~...~....~. ~ ....................................... ......... ...... Building Inspector RV 1/80 Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy , b. Intended use and occupancy '~ .}4 ~..~.:;...~..~.\~! .c.q(.¢~.,. ~r-.x>.~ ........................... gxamined . .. ~. ..... FORM NO, 1 TOWN'OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N,Y, 1197'~ TEL.: 765-18013 ,~pproved ................. 19... Permit No ............ )isapproved a/c .t .~'~.'. ?.t ~. ,..~..~..--]....1~..~..~ ...... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................... i9... INSTRUCTIONS a. This app~icati~n must be c~mp~ete~y ~ed~ir) by Wpew~ter ~r in ink and submitted t~ the Bui~ding ~nspecmr~ with 3 ets of plans, accurate plot plan to scale. Fee ~ccoiding to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ,r areas, and giving a detailed description of layout of prope~wy must be drawn on the diagram which is part nf this appli- ation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit mil be kept on the premises available for inspe~etion throug~hout the work. e. No building shall be occupied or used~in whole or in par~ for any purpose whatever until a Certificate o~ Occupancy hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to 'the ;uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and otaer applicable Laws. Ordinances or :egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein desctibed. 'he applicant agrees ro comply with all applicable laws, ordinances, building code~ho~.ing code, and regulations, and to amit authorized inspectors on premises and in building for n~cessary'=' inj~p~ctions. · ~,~ ~, .,~ (Signature of applicant, or nan~f a corporation) ........... ...../' ..... ~tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ...~O. ~T~.. [/~ O,-~,~..~.~. ......................... (as 0n the tax roll or latest deed) If appiicant js ~ ~o~oration, signature of duly authorized officer. Builder's Licen~ No....~ .t.~ ................. lumber s LlcenseNo ......................... Electrician's License No. - ........... Other Trade's License No. '~ Location of land on which proposed work will be done .................................................. House Number Street Hamlet County Tax Map No. 1000 Section .. ~?-9..~..i ......... Block .... .~ ............ Lot.../..~. ............. 3. Nature of work (check which applicable): New Building ..... ' ..... Addition .......... Atteratio8 .......... Repair .............. Removal .............. Demolition .............. Other Work~. ~, ~¢2w*.-.~>e,%L¢... ~ (Description) ' ~. Estimated Cost ....... ~ ..................... Fee ...................................... ~ (to be paid on filing ~is application) L ~f dwellfng, number of dwe!lMg units ... ~ .......... Nuraber of dwel!fng units on each floor If garage, number of c~ ... T .................................................................... L ffbusfness~commerciMormfxedoccupancy~specffynatureandextentofeachtypeofus¢ .~ .................. L Dhmensions of ex,ting structures, if any: Front F. ............. Rear .............. Depth ............... Height ............... Number of Stories ........................................................ D~enfions o~ s~e strnctum wi~ Mterations or additions: Front .............. ... Rear Dep~. z .................... HeiSt ...................... Number of Stories ...................... L Dimensions of entire new Construction: Front .T ............. Rear ............... Depth He~ht ............... Number of Stories ........................................... ~ < S~z~ o, lot. ront . .J~ ................. Res~ ..,/~.O .............. Depth .. ~ ............. ). Date o~ Purchase ..... ~ ~ f .................. N~me o~ Foyer Owner . ~. ~ ~4~.. ~ ~?~ ....... . Zoneorusedfstfictinw~chpremises~msituated...~:~ Does proposed c~nstmction vfolste ~ny zoning law, ordinance or regulation:' . .,~ ., ....................... ~ WJi~ lot be regraded .. 1 i.~ .................. Will excess fid' be removed eom premises: Yes Nme of Owner of premises ~ ~¢,,~ ...... Address ~q ~ ~ ~i~.~.. ~. Phone No. ~%: ~ N~e of ~chftect ........................... Address ................... Phone No ................ N~me of Contractor~ q[ ~.. P¢O~.~ ...... Address . ~ ~.~. ~D(~.. Phone N~ ~S~r.~.i. ~. . Is zhis property located ~ithin 1~00 leer of a ~idal wetland? ~ Yes ..... xe~ ~ If yes, Southold To~m Trustees Pemit may be required. P~T DIAG~M Locate cte~ly ~d d/s~ctly ~ buffd~gs, whe~er existLug or proposed, and, Ludfcate ~t set-back d~ensfons from >pe~ Hnes; Give s~eet ~d block number or description accord~g to deed, ~d show street nines and indicate whether e~or or corner lot. 'TE OF NEW YORK, S.S .. k%' ' ........... [~4¢-.-¢~... ~f~ ...... .~ ........... being duly sworn, deposes and says that he is the applicant (Name o¢~l~¢ning contract) ~e named. the (Contractor, agent, co,orate officer, etc.) ~id owner or owne~, ~d is duly auto, ed to perfona or have performed the said work and to m~e and file this xcation; Lhat a~ statements confined ~ this application are t~:e to the best of his ~owledge and belief; and that the wE1 be perfo~ed in the m~ner set for~ ~ the appSca~on filed therewith. m to before me ~ ......... of.. ........... W Pubhcu~ ..~,~.~ ........ ~ .2~' .~~,. ..... County ~ ~, ~ ~ ~ ~, ~ tS~ture of app~cant) TOWN OF SOUTHOLD, NEW YORK ~E~ ~ DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE Name of Appellam Street and Number /LJ.~ E .... ~..O..~..~.~...I,~..O..~...~... .............................................................................. /. ...... H REBY 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 .... ...... .................................................... ..'d. ................... Street and-Number Municipality State ~ (~) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF'T-HE PROPERTY .....~..~..,~...M:..2,.~...?..!:~....~.........~..W...~ ...................... ; ........................ Street Us& D[strict on Zoning Map .......... ~...,~.....) ............. ~ ................ ~...7.. .................. Current Owner 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 Ordi.nance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~'~A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (ha~ (has nof)~en made with re~spect ta, cthis decision of the Building Inspector or with respect to this prO~. 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 ) requested for the reason that ~orm Z13I (Continue on other' side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not sharec by ail aroperties alike in vicinity of this property and in this use district because the immediate 3 The Variance would observe the spirit of the Ord nonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNTY OF ~'~c~=F:~ ~ ss ...... Signature ~1~ Sworn to this ...,..~..(~ ........................... day of,.-~ .................................. 19~ f~... Notary Pb4;5 Nc MARY ANN CYBULSKI ~OT~RY PUBLIC, State of New Yo~ R~idin~ ~n Suffolk ~unt~ No. 52-589590~