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HomeMy WebLinkAbout3196 Southold Town Board of Appeals NIAIN ROAD- STATE~ ROAD "~5 SOUTHOLO, L.I., N.Y. llCJ?l ACTION OF THE ZONING BOARD OF Appeal No. 3]96 Application Dated December 5, ]983 TO: Mrs. Virginia Hairston P.O. Box 304, Carroll Avenue Peconic, NY 11958 TELEPHONE (516) 765-1809 AND FILED BY Tiie SOUTi{©LD TOWN CT.EF~[ DA~/~,g HOUR/~.'~./~ Town Clerk, Town of Southold At a Meeting of the Zoning Board of Appeals held on March lO, 19~b, 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 ]00-3], Bulk Schedule [ ] Request for Application of VIRGINIA HAIRSTON for Variances to the Zoning Ordi- nance, Article III, ~ection lO0-31~-E~ulk Schedule, for approval of two parcels (with existing dwellings) having insufficient area, width and depth. Location of Property: West Side of Carroll Avenue, Peconic, NY~ identified on the Suffolk County Tax Maps as District 1000, Section 74, Block 3, Lot 10. i: WHEREAS, a public hearing was held and concluded on February 6, 1986, in the Matter of the Application of VIRGINIA HAIRSTON under Appeal No. 3196; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted that there has been no public opposition; and WHEREAS, the with the premises area; and board members have personally viewed and are familiar tn question, existing structures, and the surrounding WHEREAS, the board made the following findings of fact: 1. The property in question ts identified on the Suffolk County Tax Maps as District 1000, Section 74~ BLock 3, Lot 10, and is located along the westerly side of Carroll Avenue, approximately 262 feet south of C~R. 48, at Peconic~ 2. The subject premises contains a total area of 1.501 acres (65,427 sq. ft.) with 288 ft. frontage along Carroll Avenue and is located in the Residential and Agricultural Zoning District. 3. By this application, appellant proposes a set-off division of land with insufficient lot area and width as follows: (a) Lot #1 of 20,424 sq. ft. ~n area and 95' width, with an existing single-family one-story frame house set back 5?± feet from the front property line along Carroll Avenue; (b) Lot #2 of 45,003 sq. ft. in area and 193' width, with an existing two-story single- family frame house set back approximately 57' from Carroll Avenue (CONTINUED ON PAGE TWO) DATED: March 20, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3196 Matter of VIRGINIA HAIRSTON Decision Rendered March 10, 1986 and 24 feet from the proposed division line, and an accessory 10' by 13±' storage shed proposed to be located 3' from the division line. 4. It is noted for the record that a Certificate of Occupancy of Nonconforming Premises #Z13922 was issued October 1985 and that the subject premises does have separate sewage systems and water wells for each dwelling, i, 10, 5. It is also noted for the record that by letter dated October 23, 1985, the Southold Town Planning Board has recommended an alteration in the proposed division line to increase the size of proposed Lot #1 and decrease the size of proposed Lot #2, and to.which this board agrees. 6. It is the opinion of this board that in view of the circumstances of the existing dwellings~ separate sewage systems and water wells and viewing the area of the existing parcels to the south of the L.I.R.R., applicant's reasoning is not unreason- able and is unique. In considering this appeal, the board also finds and determines: (a) the practical difficulties are sufficient to warrant a granting of the variance; (b) the circumstances are unique in that there are two existing dwellings with separate sewage systems and water wells; (c) there are parcels of a similar or smaller size existing immediately to the south [along property of the L.I.R.R.; (d) that in view of the manner in which the difficulty arose, there is no other method feasible for appellant to pursue other than a variance; (e) the granting of this variance as amended will not change the character of the district; (f) the granting of this variance will not be detrimental to adjoining properties; (g) the relief requested will not cause an effect of any increased popu- lation density; (h) the public health, safelty and welfare of the public and the interests of justice will be served by granting the application as amended and indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, the relief for insufficient lot area and width BE AND HEREBY IS GRANTED under Appeal No. 3196 in the Matter of the Application of VIRGinIA HAIRS.?ON~ SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: 1. That the division line be placed not closer than four feet to the south of the existing "shed" structure, providing for a minimum lot width of llO~ feet and minimum lot area of 25,660 sq. ft. for proposed Lot #11 and 2. That the subject division line be placed to allow for a minimum northerly sideyard setback of the two-story dwelling on proposed Lot #2 to be 15 feet~pre~iding for a minimum lot width of 175 feet and m~nimum lot area of 39~,985 sq. ft.; and 3. The uses of each parcel shall family uses as provided by Article III, the Zoning Code; and 4. That the provisions of Column "A" of the Bulk Schedule of the Zoning Code shall apply to this property in the future; 5. That there be no further lot area or width reductions to less than that granted by this application; 6. Applicant shall furnish a final survey certified by a licensed surveyor or engineer indicating compliance with all of the above and all setbacks of all structures~ lot sizes, etc. Vote of the Board: Ayes~ Messrs~ Goehringer~ Grigonis and Sawicki. (Members Doyen and Douglass were absent.) This resolution was duly adopted. 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 TOW2q BOARD OF APPEALS at the Southold Town Hall, Main Road Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY FEBRUARY 6, 1986 and as follows: 7:35 p.m. Appeal No. 3432- JOHN AND JOYCE HOLZAPFEL (Recessed from l/9/86). 7:40 p.m. Appeal No. 3446 - MARGERY D. BURNS . Variance to the Zoning Ordinance, Article VII: Section 100-70(C) (l) for permission to construct accessory inground swimmingpool upon premises known and referred to as 53245 Main Road~ SouthoId, NY~ presently zoned "B-I" General Business; identified on the Suffolk County Tax Maps as District 1000, Section 61, Block 01, Lot 008. I. 7:45 p.m. Appeal No. 3196- WALTER HAIRSTON~ (Estate of). Variance to the Zoning Ordinance~ Article III,Section 100-3I, Bulk Schedule, for approval of two parcels (with existing dwellings )having insufficient area, width and depth. Location of Property: West Side of Carroll Avenue, Peconic, NY; identified on li~the Suffolk County Tax Maps as District 1000, Section 74, Block 3, Lot 10. 7:50 p.m. Appeal No. 3454- ALICE D. CURRIE. Variance to the Zoning Ordinance, Article III, Section 100-3l, Bulk Schedule, for permission to construct addition with an insufficient rearyard setback at 1815 Soundview Avenue, Southold, NY; County Tax Map Parcel No. I000-59-06-019.i. 7:55 p.m. Appeal No. 3443.- FREDERICK W. KOEHLER, JR. Variance to the Zoning Ordinance, Arti[cle III, Section 100-32 for permission to locate tennis court in an area other than the required rear yard at 575 Old Harbor Road~ New Suffolk, NY; County Tax Map Parcel No. I000-ll7-3-6. 8:00 p.rs..Appeal No. 3444 - JOSEPH AND FRANCES GRASSO. Variance to the Zoning Ordinance: Article III, Section 100-32 and Article XI. Section 100-119.2, for permission to locate accessory storage building in the sideyard area and with an insufficient setback from wetlands, at 7145 Soundview Avenue, Southold~ NY; County Tax Map Parcel No. 1000-59-06-003. 8:05 p.m. Appeal No. 3448 - RIVERSIDE HOMES, INC. Variance to the Zoning Ordinance, Article III, Section 100-3l, Bulk Schedule, for permission to locate new dwelling with insufficient front and rear yard setbacks. Location of Property: East Side of Private Road(off the south side of Soundview Avenue), Peconic, NY; identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 9~ Lot 18. Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting - February 6,[986 8:10 p.m. Appeal No. 3383- ANNA PACIFICO. Variances to the Zoning Ordi- nance, Articles: (a) III, Section 100-3[, Bulk Schedule for permission to construct addition with an insufficient sideyard setback, (b) III: Section 100-3l, Bulk Schedule for permission to construct addition which exceeds the maximum-permitted 20% lot coverage requirements, (c) XI Section. 100-119.2(B) for permission to construct addition with an insufficient setback from wetlands. Location of Property: 1250 Blue Marlin Drive~ Southold, NY; County Tax Map Parcel No. 1000-53-05-034~ (also known as Lot #13, Map of"SoutholdShores~" Map No. 3853. 8:20 p.m. Appeal No. 342l- JOSEPH ZIELONKA (ESTATE OF). Variance to the Zoning Ordinance~ Article III, Section 100-30, and Article XI, Section 100-118, for permission to utilize premises located in this A-Residential and Agricultural Zoning District for two B-Light Business usesiln addition to two dwelling uses. Location of Property: 274?5 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102- 01-13. 8:25 p.m. Appeal No. 343]- GAILDESSIMOZ AND MICHAELRACZ. Variances to the Zonin9 Ordinance, Article XI~ Sections lO0-tlB(E) and i00-119.2 for: (a) permission to renovate and expand existing nonconforming cabin (guest cottage without kitchen facilities) exceeding 50% of value and square footage of same as exists, and (b) permission to construct addition to existing nonconforming cabin within I00 feet of bluff along the Long Island Sound, p]lemises known as 4255 Private Road #I0 (Hallock Lane), Mattituck: NY; County Tax Map District 1000, Section ll2: Block 0l, Lot 004. (Hearing recessed from December 12: 1985) . 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 calf 765-1809 (alt. 1802). Dated: January 2l, I986. BY ORDER OF THE SOUTHOLD TOhfN BOARD OF APPEALS GERARD P. GOEHRINGER~ CHAIRMAN INSTRUCTIONS TO NEWSPAPERS: Please publish once., to wit: Thursday~ January 30,_ 1986~ and forward nine affidavits of publication to: Board of Appeals, Main Road: Southold, NY 11971. (on or before February 3rd) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To /'"~&~'~ ........... ~ I~:~.L,.~ P?../?':x...4i.~..7. ,':--- ,~,~ ./?7..... Date .......................... , PLEASE TAKE NOTICE that your appJicafion dated .................. ~ ......... 19. ~. ~ forpermittoebfiffrd~t z~/, ,:(~' .JIf,:/~ /-/~'c~e ,/' /~ ~," -~(.<//~,,rl~ at Location of Property ............................................................... House No, Street Ham/et County Tax Map No. 1000 Section .............. Block .............. Lot .............. Subdivision ........... ? .~/.. Filed Map No ........ .~.'. ..... Lot No.. / is returned herewith and disapproved on the following grounds .......... /. .................... ¢, '// ,,,,' v/ ,;>~ .z..:-+'.:,:::,'... :'./..,':....:f.. :':.~/. ........ ........ ,?...:..'...,. ~. ,.:..f~., .... -.,-~7 ~.'-.. - .d,~: ....~ ' -' .... ~" :" ......... v ......... y'/ .................................. Building Inspector RV 1/80 ,isapproved a/c ..~ .............. __ (Building Inspector) APPLlCA¥1ON FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink und submitted in duplicate to the Building ~spector, b. Plot plan showing location, of lot and of buildings on premises, relationship to adjoining premises ar public streets ar teas, and giving a detailed description of layout of property must be drawn an the diagram w. hlch is part of this ~pplicatio~. 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 Issue a Building Permit to the applicant. Such permit hall be kept on the premises available for inspection throughout the progress of the work, e. No building shall be occupied or used In whole or in port for any purpose whatever until o Ce~tificate of 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 ~o the uiJding Zone Ordinance of the Town of $outhold, Suffolk County, New York, end other applicable Lows, Ordjr~nces or egulations, for the construction of buildings, additions or al.rotations or for removal or demolition, es herein described. he applicant agrees to comply with all applicable laws, ordinances, bul ding code, housing code, and regulations. Walter Ha!rsten (Signature cf applicant, or name, tfa corpa~tJon) (Acldress of applicant) rare whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrlclar~, plumber ar builder. Owne~ ame of owner of premises ...W'~;k.te~'.~T~;[ms.te~ ............................................................................................................ - applicant Is a corporate, signature of duly authorized officer, (Name and tithe'of corporate officer) 1. Location of land on Which proposed work will be done, Mop No,: ......... ~ ........................ Lot No,: Street and Number .......... :~/~,,.~.{~,:~p~,~,,..,A.,~,.~, .......... ~,,c.,o,.,~,~,,o,..,,,].'¢..,:~... ............................................................. Munlcl~ll~ State existing use a~d occupancy of pmml~es and in~ended use and occupancy o~ propas~ a. ~isting use and ~¢upancy .....~...~A~ b. intended use and ~cupanc,' , ...... ~,,.~...~,~..~.~.~ ................................................................. · 3 'J~ature of wink (check which app hie): New Building .................. Addit ...................Alteration .................. Repair .................. Removal ........... : ...... Demolition .................. Other Work (Describe) ...~.~'.e~...~ ................. 4. ~timoted Cost .................. .~10.....:~. ........................... Fee ....... J..O.~..O..O.. ...................................................................... (to be paid on fi'ing this appJicotion) 5. If dwelJlng, number of dwelJing umts .~.~ ................... Number of dwelling units on each floor ............................ If garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use 7 Dimensions of existing structures, Jf any: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with alterations or additions: Front ....................................Rear ............................ Depth ................................ Height ............................. Number of Stories ................................ 8. Dimensions of entire new construction: Front ........ ,~.0, ...................... Rear ....... .~0 ................ Depth ....... 2.~'. ............ Height .................... Number of Stories .................................................................................................................... 9. Size of lot: Front ........ Jo0g. ............ Rear ....... .'I.QO ..................... Depth ...~,.~' ,'J: ................. 10. Date of Purchase ........................................................ Name of Former Owner ....................................................... 11 Zone or use district in which premises are situated ...... ~,6..~!..x~$S~, .......................................................................... 12. Does proposed construct;on violate any zoning Jaw, ordinance or regulation? ...... ~ ................................................. 13 Name of Owner of premises ...~.].:~'...~]~.:i,Z~,S:~,Address .............. ~,O~-:L¢, ............ Phone No ..................... Name of Architect ...................................................... Address ............................................ Phone No ..................... Name of Contractor ..... .S..9,.~.~. ..................................... Address ............................................ Phone No ..................... PLOT D]AGRAM Locate clearly end distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from roperb, Hnes Give street and block number or description according to deed, and show street names and indicaYe hether interior or corner lot. r^TE OF NEW ,Y..O~L~, ~. J S S OUNTY OF .... ..~...~....z..~...~f.. ........... $ .. ......................... ~,~[L.t,e~'...~,.~.~.~ ................................ being duly sworn, deposes and says that he Js the applicant (Name of individual signing application) bove named. He is the (Contractor, agent, corporate officer, etc.) f sa~d owner or owners, and ~s duly ~uthorized to perform or have performed the said work and to ~ke and file ~is application; that all statements contained in this application are true to the best of his knowledge and behef; and ~aT the work will be performed in the manner set forth Jn the application filed therewith. worn to before me this .............. !.2...~d~y of ..;.....~.......~ ................ , Jotor/ Publi~~~¢~ .... Coun~,~(' ..... "'""b"~'~~(Signature of applicant) ................................ NOTA~ PUBLIC, State of Ne~ Yo~k No. 52~8125850, Suffolk ~xm ~xplres ~arch 30, TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'~/~.~ TO THE ZONING BOARD OF APPEALS, TOWN .~,F SOUTHOLD, N. Y. ~: Name of Appel'i-6n¢ Street and Number ....................... ~/~.].C.:Municipality ZT.~t.r~.~.~...~.HEREBY APPEAL TO WHEREBY THE BUILDING INSPECTOR DENIED TO .......... .............................................. ~L'qame of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE (~)" PERMIT FOR OCCUPANCY O¢ ( ) PERMIT TO BUILD OF THE PROPERTY ~=:..r..f.,~...,.,....,,/~ ~.) ....... ~.0.../..~,~. ........................... 1. LOCATION Street a~c]. ~ta]_et ~one .../. ......................................... O ER Map No. Lot No. DATE PURCHASED: ..................... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section an~ Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~, Section / e o -Z; 3. TYPE OF APPEAL A?peal is made herewith for ( I~Y/A VARIANCE to the Zoning Ordinance or Zoning Map ( / 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 (has) (~as no~been maae with respect to this decision of the BuiLding Inspector or with respect to this property. Such appea[ was ( ) request for a spec[a[ permit ( ) request for a variance and was made in Appee No ........................... Dated ..................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( J,4/ A Variance to the Zoning Ordinance ( ) is requested for the reason that We wo~ld Form (Continue on other side) REASON FOR APPEAL Continued l. STRICT APPLICATION OF THE ORDII~ANCE would, produce practical difficulties or unneces- soryHARDSH~Pbeco.,e /D.-/ ~'-.., - -~-- .:~ ,"Z ,~ 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because~ /7 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTERIZE DISTRICT~c. ause~.~ C~ C~'/~? '~''"4~c=~ ~C~c__~ ~ COUNTY ~f~..-c~ Signoture ............ Sworn to this ........... ~~..i':ii ..... day of ........s.---.-~~~19 ~ SOUTHOLD DROIPEI~,TY VILLAGE RECO~D CARD SUB. L©T IER r<ES'o2// O _ LAND N _AGE SEAS. %TAL IFARM DATE , ? BUILDING CONDITION BELOW ABOVE E ACR, ~ W . TYPE OF BUILDING COMM. CB. MISC. MKt, Value NEW' FAFtM Tillable Tillable Tillable 3 Woodland Swampland Brushland House Plot NORMAL Acre Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK ~M. Bldg. IExter~slon IExtension F ' J ~=xtens~on tPorch Breezeway I Garage Total Foundation Basement Floors Walls Fire Place Type Roof R~,~ re___ation Dormer ,Driveway Interior Finish ,,4 'YL/~* 1st Floor d Floor DR, [:IN. B. NOTE: 4 5' ..J SUFF, CO, 'rik' I~1AP DAxTA: 1(7.2z~-©¥1:5Z t_~0.. Vt G1NIA. / RECEIVED BY SOUIIIOLD lO!id I~lt~It!G BOAI1D S E Po&b'q985'~