HomeMy WebLinkAbout3369Southold Town Board of Appeals
I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj"71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3369
Application Dated May 3, 1985 (Public Hearing June 27, 1985)
TO: Mrs. Jean Harf0rd [Appellant(s)]
8 Beachway
Port Washington, NY 11050
At a Meeting of the Zoning Board of Appeals held on July 18, 1985,
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 III , Section 100-3], Bulk Schedule
[ ] Request for
Application of JEAN HARFORD, 8 Beachway, Port Washington, NY ll050,
for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for permission to construct a second attached garage with an
insufficient sideyard setback at premises located on the north side of
Private Road #15 (Takaposha Road), Southold, NY; County Tax Map Parcel
No. 1000-087-06-002.
WHEREAS, a public hearing was held and concluded on June 27, 1985,
in the Matter of the Application of JEAN HARFORD; and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter, and it is noted
that no opposition has been received; and
WHEREAS, the board members are familiar with the property, its
use and the area in question; and
WHEREAS, the board made the following findings of fact:
l. By this application, applicant seeks permission
a 12' garage addition at the easterly side of the existin
single-family dwelling, leaving an insufficient sideyard
7½ feet.
to construct
g one-story,
setback of
2. The premises in question is located along the northerly side
of a private road (right-of-way) referred to as Takaposha Road, or
Private Road No. 15, which extends from a point at the south side of
Main Bayview Road in varied directions to the premises in question,
which is identified on the Suffolk County Tax Maps as District 1000,
Section 87, Block 6, Lot 2, containing an area of 8,500± sq. ft.
3. For the record, it is noted that the subject private road
(right-of-way) has been the subject of a prior appeal, under No. 1223,
granted on January 2, 1969, with the condition that the holes and ruts
from Main Bayview Road be filled and be smoothed over the entire road.
4. Article III, Section lO0-3t, Bulk Schedule of the Zoning
Code, requires a minimum sideyard of 10 feet, and the relief requested
by applicant is two and one-half feet, leaving 7½ feet, or 25% of a
variance from the requirements.
~CONTINUED ON PAGE TWO)
DATED: July 23, 1985. CHAIRMJkN, SOUTHOLD TOWN
OF APPEALS
Form ZB4 (rev. 12/81)
ZONING BOARD
Page 2 - Appeal No. 3369
Matter of JEAN HARFORD
Decision Rendered July 18,
1985
In
as proposed: (1) will not substantially change the character of
the district; (2) will not be adverse to adjoining properties;
will not cause a substantial effect of increased population density
which may be produced on availabte~governmental facilities; (4)
in view of the substandard size of this parcel and substandard
setbacks, the difficulty cannot be obviated by some method feasible
for the applicant to pursue other than a variance; /5) in view of
the manner in which the difficulty arose and in consideration of
all the above factors the interest of justice will be served by
allowing the variance, as noted below.
considering this application, the board agrees that the addition
(3)
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, that the application of JEAN HARFORD for permission
to construct 12-foot garage addition at the east side of the
existing single-family dwelling as applied under Appeal No. 3369,
BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS:
(1) That the addition not protrude past the front or the
rear of the house setback lines;
(2) That the addition be no closer than 7½ feet to the east
side line as requested;
(3) That the westerly sideyard area always remain open and
unobstructed for access by emergency and fire vehicles;
(4) That there be no further sideyard reductions on either
side;
(5) That the addition be used only for storage or garage
purposes (not for additional living area);
(6) That the right-of-way as approved under Appeal No. 1223
January 2, 1969 as required b~ New York Town Law, Section 280-a,
be improved as follows:
[a] from Main Bayview Road to the first 90° turn be
regraded (potholes filled);
[b]
the side brush be cut back to a minimum 16 feet in
width where necessary through the entire length and
be continuously maintained for safe access by emer-
gency and other vehicles;
lc]
the entrance pipe at the beginning of the right-of-way
near Main Bayview Road be deflected as not to cause
any leakage or drainage onto the right-of-way in
question.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was adopted by unanimous vote
of all the members.
lk /~-~-- //z '
// GERARD P. GOEHR'iNGER,~N
RECEIVED AND FILED BY July 23, i985
THE SOUTHOLD TOVCN ~LERK
DATE~ ~//~? HOUR ~.3g F~
Town clerk, Town o~ Sout~ld
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 S6~thold Town Board of Appeals a~
the Southold Town Hall, Main Road, Southold, NY at a Regular
Meeting, commencing at 7:30 p.m. on THURSDAY, JUNE 27, t985, and
as follows:
7:30 p.m. Upon application for JOSEPH AND ARLENE LESTINGI,
c/o David Kapell, 400 Front Street, Greenpor~, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-32 for permission
to loca~e garage in the frontyard area as revised. Location of
Property: ll50 Sound Drive, Greenport, NY; County Tax Map Parcel
No. 1000-33-04-001.
7:35 p.m. Application of GENEVIEVE RICHARDS, 64155 Main Road,
Greenport, NY for a Variance to the Zoning Ordinance, Article VI,
Section 100-60 for permission to use proposed buiqding in this h
"B-Light" Business Zoning District for heavy-equipment storage.
Location of Property: 64155 Main Road, Greenport, NY; County Tax
Map Parcel No. I000-56-04-20.
7:40 p.m. Application of GENEVIEVE RICHARDS, 64155 Main Road,
Greenport, NY for a Special Exception to the Zoning Ordinance,
Article VI, Section 100-60 and Article VIII, Section 100-80(B)[4]
for permission to use proposed building in this "B-Light" Business
Zoning District for heavy-equipment storage as permitted in a
"C-Light~' Industrial Zoning District. Location of Property:
64155 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-
56-04-20.
7:45 p.m. Application of GREGORY SIMONELLI, c/o Gary Flanner
Olsen, Esq., P.O. Box 706, Cutchogue, NY for a Variance to the
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for approval of insufficient lot area and lot width of two parcels
in this proposed three-lot subdivision located at the South Side
of Grand Avenues Mattituck, NY; County Tax Map Parcel No. 1000-
107-02-04.
7:50 p.m. Application of MARGARET WAGNER, 20 Slabey Avenue,
Malverne, NY 11565 for a Variance to the Zoning Ordinance, Article
III~ Section 100-31, and Article XI, Section 100-119.2(C), for
permission to build deck addition with reduction from the edge of
Corey Creek and ~educ~iOns in!fnont a~d side yard setbacks. Location
of Property: 2600 Private Road #t5 (Takaposha Road), Southold, NY;
County Tax Map Parcel No. t000-087-06-004.
7:55 p.m. Application for HOWARD HOEY, c/o Samuel J. Glickman,
Esq., 114 Main Street, Greenport, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-31, Bulk Schedule, for approval
of a parcel having insufficient area and lot width in this proposed
set-~ff division of land located at the South Side of Main Road,
Orient, NY; County Tax Map Parcel No. 1000-19-01-1~ (14.1).
8:00 p.m. Application for MARION ~. AND JOHN M. KING, c/o
Paul A. Caminiti, Esq., Box 992, Southotd, NY for a Variance to
the Zoning Ordinance, Article IO0-30(A)(C) for permission to enclose
existing porch and use as a real-estate office in conjunction with
existing family residence at 51155 Main Road, Southold, NY; County
Tax Map Parcel No. 1000-70-01-03.
8:05 p.m. Application of ~EAN HAREORD, 8 Beachway, Port
Washington, NY 11050 for a Variance ~o the Zoning Ordinance,
Article III, Section 100-31, Bulk Schedule, for permission to
construct a second attached garage
setback at premises located on the
#15 (Takaposha Road), Southold, NY;
No. 1000-087-06-002o
with an insufficient sideyard
north side of Private Road
County Tax Map Parcel
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 subject
hearing. (Tel. 765-1809, alt. 1802).
Dated: June 13~ 1985. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRI~GER
CHAIRMAN
Ins~ructioB~ ~o newspapers:
Please publish once, to wit: THURSDAY, JUNE 20, 1985 and forward
eight (8) affidavits of publication by June 25th to: Board of
Appeals, Main Road, Southold, NY 11971.
FORM NO. 3
TOWN OFSOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'SOFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated . .. ~, .%~...~..~ ........ ,19 .~ .q..
for permit to Qa,~4~...~ . .~-....~p....e~..*..~....o~.~,..~.. , .o~.~ .............. at
Location of Property
County Tax Map No, 1000 Section .... {~.~.~] .... Block ...... ~ ....... Lot .. ~ ..........
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds. ~.~..'..e.~....~./.,..~..~,'~*a .....
~.. ~..~..~.. ~..~..~.. z.~..~ ~.
!~..~ ......... :... ..................... , ......................
Building Inspector
RV 1/80
7. Dimensions of ex~sting stractures, ~ any: rrum ....................
Height ............... Number of Stories ........................................................
Dknensions of smme structure wh~ alterations or addhions: Front ................. Rear .................
Depth ...................... Height ...................... Nmnbe~ of Stories .....................
8. D~mensions of entire new construction: Front ............... Rear ............... Depth .............
Height ............... N~ber of Stories ......................................................
9. Size of lot: Front ...................... Rear ..................... Depth ....................
~0. Date of Purchase ............................. NmmeofFomer Owner ............................
~ t. Zone or use dlst~ct in whic~ premises are situated ...................................................
12. Does proposed construction violate any zoning mw, ordnance or regulation: .................................
13. W}II lot be regraded ............................ Will excess fill be removed [rom premises: Yes No
14. Nme of Owner of premises .................... Address .................. Phone No ...............
Nmme of Architect ......................... Address ................ ~hone No ................
N~e of Contractor .......................... Address ................... Phone No ................
PLOT D!AGRAM
Locate clearly and distLnctly all buildgags, whether existing or proposed, and~ indicate all set-back dknensions from
property lines. Give street and block number or desqript,~v~ording to deed, and show street, names and indicate whether
interior or comer lot. ~:/~ ' t
STATE OF NEW ~RK., ~ S ~
(Name of ~ndividual signing co~.(ract)
above named.
He is tAe ......................................................................................
. otor, agent~ c orate officer,
of s~d owner or owne~, ~d is duly aufi~ofi2ed to perfom~ or kave perfo~ed ~e ~id work and ro m~e ~d
app~cafion; that ~1 s~tements contorted ~ fl~s ap~l~cation. ~re ~rCe to the best of his '~owledge and belief; and that the
work will be performed in the manner set forth ~ t~& ~ppl~cation fried~ 1hereWith.'
Sworn to before me th~s
........ ........ ..........
. .............................. /7
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~ ~ ~' ~'
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
], (We)..'~"~'/~"~'.i._,.~.~,~...-~..-..~...~.. ....................... of ..... .~,...~.~..~.,~...~."~"..~...~., ................ .......................
Name of Appellant Street and Number
......... ~ ........... .~.~.~ ....................................................................... HEREBY APPEAL TO
Municipalit,/ State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: D~~ FOR: Jt'~r~ (~C,AS'~O~'I~4 o~' It $~,,,o~ l~f"~,~'/.,D
WHEREBY THE BUILDING INSPECTOR DENIED TO
........... .....................................
Name of Applicant for permit
of ..... ,~,, ,.1~., .~,, ,~,% ,~. .................. ~.~. ,~.~,.. ,~.. ~, .~/. ,~,..~,~,0...~. ........... . .~.,., ,~, .. ~ ,J,~ f.~, ..........
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD ,~ ~-~P£'9
1. LOCATION OF THE PROPERTY .....................................................................................................
Street and Hamlet Zone
................
Map No. LOt No. ~.~.~
2. ~OV~SION (S~ OF EHE ZONING O~DINANCE APPEALED ~l~df~t~ the Article S~ct~on,
section and Paragraph oE the Zoning Ordinance b7 number. Do not quote the Ordinance.)
3, TYPE OF APPEAL Appeal is made herewith for
(~,) 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 appeel ~ (has not) been made with respect to this decisio~
of the Buitding inspector or with respect to this property.
Sach cppeel was ( ) request for o special permit
( ) request for a variance
and wcs made i~ Appeal No ................................. Doted ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(1/)/ A Variance to the Zoning Ordinance
( )
is requested for the reason i'hat ~e ~ou'ld ~J, ke
to CoJ' gr~r~-~ ft ?&c~.~b
Form ZBI
(Continue on other side)
REASON FOR APPEAL
COntinued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficuJties or unneces-
sary HARDSHIP because T~ ]~ ,~ ~(~'~' /P~ ~ ~
2 The harasmp created is UXIIQUE and is not shared by all orqperties alike in the immediate
'cml% of this propert~ and in this use dist'rict because
3. Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE
CHARACTER OF THE DISTRICT because *T'/f~
STATE OF NEW YORK )
) sS ........................ ..
COUNTY OF )
~ua~ified ~n N~ss~u Coun~
R~:CO~D
CARD
OWNER I STREET VILLAGE
·
DISTRICT SUB.
ACREAGE
TYPE OF BUILDING
CB. j MISC.
LOT
LAND IMP. TOTAL ~! DATE
REMARKS
NEW NORMAL BELOW '1 ABOVE
Tillable 2 ;
Tillable 3
I aW°°dland
~wamp'an' '
Brushland~ ~ ~ ~ ~
House Plot ~
Tctat