HomeMy WebLinkAbout3499Southold Town Board of Appeals
MAIN Rr'IAD- 5TATE ROAD 25 Sr'IUTHDLD, L.I,, N.Y. 11cj'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3499
Application Dated April 28, ]986
TO: Mr. and Mrs. Daniel T. Jerome
45125 Main Road
Southold, NY 11971
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on July 3], ]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 III , Section ]00-30(8)
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request for
Application of DANIEL AND LISA JEROME for a Special Exception to
the Zoning Ordinance, for approval of an accessory apartment pursuant
to Article III, Section lO0-30(B). Location of Property: 45125 Main
Road, Southold, NY; County Tax Map Parcel No. 1000-75-02~3.1.
WHEREAS, a public hearing was held on June 19, 1986, in the
Matter of the Application of DANIEL T. AND LISA JEROME under Appli-
cation No. 3499; 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, appellants request a Special
Exception to the Zoning Ordinance, Article III, Section lO0-30(B),
sub-section [15] f6r permission to create an accessory apartment
in an existing principal dwelling structure in accordance with
the requirements therein.
2. No additions to the existing structure are proposed
or considered under this application for an accessory apartment.
3. The premises in question is located in the "A" Resi-
dential and Agricultural Zoning District, containing a lot area
of 30,580± sq. ft. with 177-ft. frontage along the north side of
the Main Road (State Route 25), Southold.
4. The subject premises is presently improved with the
following structures: (a) two-story frame dwelling se~'6ack
54 feet from the front property line and having sideyards of
56 feet and 83± feet, and rearyard of 53± feet; (b) two
accessory storage sheds located in the rearyard area; (c)
temporary farm stand at eight
(which i§-to be removed), all
DATED:
Form ZB4 (rev. 12/81)
feet from the front property line
as shown by survey dated September 4,
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appl. No. 3499
Matter of DANIEL AND LISA JEROME
Decision Rendered July 31, 1986
1985 prepared by Roderick VanTuyl, P.C.
is a copy of a Certificate of Occupancy
#Zl1499 dated February 24, 1983.
Submitted for the record
of Nonconforming Premises
5. The existing dwelling presently contains a total floor
area, as shown by sketch prepared by the applicant, of 2,000 sq. ft.,
with 1229 sq. ft. for the first floor and 771 sq. ft. for the second
floor. It is the intention of the applicants to increase the
first floor area to the minimum size required by sub-paragraph
(c) of Section lO0-30(B)[t5] to a minimum of 1,600 sq. ft. of live-
able floor area. The accessory apartment shall in no event exceed
40% of the liveable floor area of the first floor and shall contain
not less than 450 sq. ft.
6. It is noted for the
of a prior action by the Board
under Appeal No. 2277.
record this premises is the subject
of Appeals rendered May 12, 1977
In considering this application, the board finds and deter-
mines that: (a) the use requested will not prevent the orderly
and reasonable use of adjacent properties or of properties in
adjacent use districts; (b) the use will not adversely affect
the safety, welfare, comfort, convenience or order of the town;
(c) the use is in harmony with and will promote the general
purposes and intent of zoning. The board has also considered
subsections [a] through [1] of Article XII, Section 100-121(C)[2]
of the Zoning Code.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, that a Special Exception for permission to create
accessory apartment as provided in Article III, Section lO0-30(B)
[15] of the Zoning Code, applied in the Matter of DANIEL AND LISA
JEROME under Application No. 3499, BE AND HEREBY IS APPROVED
SUBJECT TO MEETING THE REQUIREMENTS OF SUB-SECTIONS Ia)' through (p.).
as follows:
(a) The accessory apartment shall be located in the principal
building;
(b) The owner of the existing dwelling shall occupy one of
the dwelling units as the owner's principal residence. The other
dwelling unit shall be leased for year-round occupancy, evidenced
by a written lease for a term of one or more years;
(c) The existing one-family dwelling shall contain not less
than sixteen-hundred [1600] square feet of liveable floor area;
(d) The accessory apartment shall contain not less than
four-hundred fifty (450) square feet of livable floor area;
(e) The accessory apartment shall not exceed forty [40%]
percent of liveable floor area of the existing dwelling unit;
(f) A minimum of three off-street parking spaces shall be
provided;
(g) Not more than one [1] accessory apartment shall be
permitted on this lot;
(h) The accessory apartment shall meet the requirements of
Page 3 - Appl. No. 3499
Matter of DANIEL AND LISA JEROME-
Decision Rendered July 31, 1986
a dwelling unit as defined in Section lO0-13 of the Zoning Code;
(i) The exterior entry to the accessory apartment shall, to
the maximum extent possible, retain the existing exterior appear-
ance of a one-family dwelling;
(j) All exterior alterations to the existing building, except
for access to the apartment, shall be made on the existing foundation.
(k) Certificate of Occupancy shall terminate upon the
transfer of title by the owner, or upon the owner ceasing to
occupy one of the dwelling units as the owner's principal
residence. In the event of an owner's demise, the occupant
of an accessory apartment may continue in occupancy until a
new owner shall occupy the balance of the dwelling or one (1)
year from the date of said demise, whichever shall first occur;
(1) All conversions subject to inspection and approval
of the Building Inspector and renewal of Certificate of Occupancy
annually;
(m) The building which is converted to permit an accessory
apartment shall be in existence and have a valid certificate of
occupancy issued prior to January 1, 1984.
(n) The existing building, together with the accessory
apartment, shall comply with all other requirements of Chapter
100 of the Town Code of the Town of Southold;
(o) Notwithstanding the provisions of Section lO0-30(B)
hereof, no site plan approval by the Planning Board shall be
required for the establishment of an accessory apartment;
(p) Suffolk County Health Department water and sewage
system approvals.
Vote of the Board: Ayes: Messrs.
Doyen and Sawicki. (Member Grigonis was
tion was duly adopted.
Goehringer, Douglass,
absent.) This resolu-
lk
2ECEIVED AND FILED BY
THE SOUTHOLD TOWN
DATE ~/~) f~l HOUR z4 .~m.~
Te~ ~e~k, Tow~ o~ ~u*~a
GERARD P. GOEHR'INGER, C~qIRMAN
August ll, 1986
NOTZCE 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 Roads 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, t~ be
allowed only after review by the Board of Appeals and in accord-
ance with all provisions of law. Name of Owners/Location o'f
Property: FRANK E. AND MARY BROPHY, 75 Second 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 of'the Zoning Ordinance for app.~ov~l 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 from
L6ng'rIsland ~ound bluff. Location of ~ropert~: North Side of
Sound Drive, Gree~por~; ~'!Mao of Section Four-Eastern Shores"
Lot #117, Map No. 4586; County Tax Map Parcel-~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
No. 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 I~I, Section lO0-30(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,
6135 Indian Neck Road, Peconic,
No. 1000-86-6-19.
1986. Location of Property:
NY; County Tax Map Parcel
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 Ba'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 ~l.
8:10 p.m. Appeal No. 3518 - MARJORIE D. PETRAS~for a
Variance to the Zoning Ordinance, Article XI, Section 100-119.2
for insufficient setback of proposed addition~ 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. Location 6f Property:
1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport, NY;
Cleaves Point, Section 3, Map No. 4650, Lot ~'; County Tax Map
Parcel No. 1000-35-5-28.
8:20 p.m. Appeal No. 3513 - STEPHEN SHILOWITZ for a
Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B)
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."
8:30 p.m. Appeal No. 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. lO00-
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting June 19, 1986
145-4-15o
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
highwater mark, at 6230 Main Road, Southold,
Parcel No. 1000-56-6-4, 6, 6~1.
and from ordinary
NY; County Tax Map
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/rel'ocate 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 No. 3512 SAMUEL BAIL~ for a Variance to
the Zoning Ordinance, Article III, SectionilOOZ31, Bulk~SChedule,
for permission to construct deck add=ition and roof over cellar
stairs which exceeds the maximum-permitted 20% lot co?erage and
roof overhang will reduced sideyard setback to less than that
permitted. Location of Property: 1980 Sigsbee Road, Mattituck,
NY; County Tax Map Parcel No. 1000-144-01-015.
The Board of Appeals will hear at said {ime 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 SO-UTHOLD TOWN
BOARD OF APPEALS~.'
GERARD P. GOEHRINGER, CHAIRMAN
ATTENTION NEWSPAPERS: Please publish Thursday, June 12, 1986 and
forward two affidavits of publication on or before June 17th to:
Board of Appeals, Main Road, Southold, NY 11971.
lk
TOWN OF SOUTHOLD
BU!LDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE ~ha~ your application dated ...~.~, .~/r~ ?¢. i ........ ~ 19 ,~. ~..
£or permit to
County Tax Map No. 1000 Section .... ~.? ~ .... Block ..... ~ ....... Lot ...~. :.t ........
· Subdivision ................ Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds. ~. ~...~ ....
~. ?.~...~.~.'..~.. ~ ~... hW.. <~.. ~.~ .....
~..~.. ~ ~.. ~..,~... ~~ ..............................
Building Inspector
RV 1/80
~OWN OF SOUTHOLD, NEW YORK
.ACCESSORY APARTMENT
APPLICATION FOR SPECIAL EXCEPTION
Application No. 347%
Date Filed: .~-~-7z~
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
of ~4~-~-~ ~m~' ?-~
House No. and Street
(Hamlet, State, Zip Code}
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE ~ , SECTION /o>~%~ ~ , SUBSECTION
for the below-described property for the following uses and purposes:
as shown on the attached plan drawn to scale.
A. Statement of Ownership and Interest.
*~z~C ~ ~s ~ ~-~-~-,~ is (~re) the owner(s) of property
known and ~eferred to as ~-~-~-- i~ 'P-~ 5ov4~o~6 ~:~- ~
('House No., Street, Hamlet)
identified on the Suffolk County Tax Maps as District 1000, Section ~ Block ~-- ,
Lot ~-t , whi~ch is (is not) on a subdivision map (Filed ~p of
"~iled Map No. ).
The aboveadescribed property was acquired by the owner on ~ %~ \c~&~
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or persons in the neighborhood for the following reasons:
C. In addition to meeting the standards prescribed by the zoning ordinance, the
following requirements w~ll be met:
1. The accessory apartment will be located only in the principal building.
2. The owner of the existing dwelling will occupy one of the dwelling units
as the owner's principal residence. The other dwelling unit which is
part of this application shall be leased for year-round occupancy, evidenced
by a written lease for a term of one or more years, which will be filed
annually.
3. The existing one-family dwelling shall contain not less than sixteen-hundred
(1,600) sq. ft. of livable floor area.
(continued on page two)
Application for Special Exception
Page Two (continued)
C. 4. The accessory apartment shall contain not less than four-hundred fifty
(450) square feet of livable floor area.
5. The accessory apartment shall not exceed forty (40%) percent of livable
floor area of the existing dwelling unit~
6. A minimum of three off=street (on-site) parking spaces shall be provided,
as shown on the attached plano
7. Not more than one (1) accessory apartment will b~ on this p~rcel]
8o The accessory apartment will meet the requirements of a dwelling unit as
defined in Section 100-!3 of the Zoning Code.
g. The exterior entry to the accessory apartment has not changed the existing
exterior appearance of a one-family dwelling.
10. All exterior alterations to the existing buildings except for access to
the apartments is made on the existing foundation as shown on the attached
plans.
!lo I understand that the Certificate of Occupancy will terminate upon the
transfer of title or upon the owner ceasing to occupy one of the dwelling
units as the owner's principal residence~ an~ that in the event of the
owner's demise~ the occupant of the accessory apartment may continue in
occupancy until a new owner shall occupy the balance of the dwelling or
one (1) year from date of said demise, whichever shall first occur~
12o This conversion shall be subject to inspection of the Building Znspecto?
and Renewal of Certificate of Occupancy annually°
13. The existing building which is converted to permit this accessory apartment
has been in existence and has a valid Certificate of Occupancy issued prior
to January 12 1984~ and attached hereto.
!4. The existing building, together with this accessory apartment, shall comply
with all other requirements of Chapter 100 of the Town Code of the Town of
Southold.
15~ This conversion for the accessory apartment shall comply with all other
rules and regulations of the New York State Construction Code and other
applicable codes°
D. The property which is the subject of this application is zoned ~s~J~ and
[~ has not changed since the issuance of the Certificate of Occupancy attached:
[ ] has changed or received additional building permits~ and Certificates of
=ached or will be furni~s~ed~
Occupancy for these changes are at~~ ~~SUFFOLK).
COUNTY OF
STATE OF NEW YORK) ss,: (Si~nature)
Sworn to before me this ~S~day of
(Notary Public)
ZB5 2/6/86