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Home My WebLink About3478 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, I-.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3478 Application Dated February 28, ]986 TO: Michael J. Hall, Esq. as Attorney for BECKY JOHNSTON Youngs Avenue Southold, NY 11971 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on September Il, ]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 (temporary) [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of BECKY JOHNSTON. Variances for: (1) Building Inspector to issue building permit allowing existing structure to be weatherized, prior to final 280-a access approval, and (2) approval of access in accordance With New York Town Law, Section 280-a, over private right-of-way extending from the northerly end of Bridge Lane Extension and Oregon Road, over lands of Bokina, identified on the Suffolk County Tax Maps as 1000-73-2-4, to premises of Johnston, identified on the Suffolk County Tax Maps as 1000-73-2-1. WHEREAS, a public hearing was held and concluded on August 1986 in the Matter of the Application of BECKY JOHNSTON under Appeal No. 3478; and 14, WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; 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, the board made the following findings of fact: 1. The property to which appellant is requesting New York Town Law, Section 280-a approval, is located in the "A" Residential and Agricultural Zoning District as more particularly shown on survey amended August 7, 1985 prepared by Roderick VanTuyl, P.C. #4508-6, contains a total lot area of 25,072 sq. ft., average lot width of 100 feet and lot depth of 287 feet, and is identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 1. The subject premises is improved with a single-family dwelling under substantial re-construction. 2. The right-of-way over which appellant has requested 280-a consideration is situated at the north side of Oregon Road (and Bridge Lane Extension), and extends in a northerly direction along the east side of Baxter's right-of-way and over lands of Bokina, a distance of 1868 ment, then extending in an (CONTINUED ON PAGE TWO) Form ZB4 (rev. 12/81) feet, more or less, to a survey monu- easterly direction along a northerly CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3478 Matter of BECKY JOHNSTON (Variance) Decision Rendered September tl, 1986 portion over lands also of Bokina, to the premises of the appellant, a distance of 510 feet, more or less. 3. In this application, appellant requests a Variance pursuant to the requirements of New York Town Law, Section 280-a, for: (a) the Building Inspector to be permitted to issue a build- ing permit allowing the existing structure to be enclosed and weatherized, prior to final 280-a access approval, and (b) final New York Town Law, Section 280-a approval. 4. At a Special Term, Part II of the Supreme Court of the State of New York, County of Suffolk, under Index No. 86-11849, a proceeding is pending between the appellant and the owners of the premises over which the right-of-way is claimed concerning the question of the applicant's easement and rights thereto. 5. The applicant and her attorney are aware that this board does not have authority to determine or grant right-of-way easements, and that this action is merely a temporary 280-a variance, for the issuance of a limited building-permit by the Building Inspector, which must conform with all other town, county, and other governmental rules and regulations, for the enclQ~ure of the dwelling presently under construction for protection from bad weather conditions, and is subject to the appellant having legal rights to enter over and upon these lands, and as is ordered by the Courts in settlement of the pending proceeding. 6. Assurance has been given by the applicant and her attorney that physical access to the structure is available by reasonable means and that there will be no occupancy of the premises once the structure is enclosed for weather protection. 7. It is noted for the record that under Appeal No. 2609 a conditional 280-a variance was granted on January 22, 1980 concerning premises to the west and conditions of which have not yet been complied. 8. After inspection, it is the opinion of the board members that some improvements will be necessary upon the right-of-way for sufficient access by fire and emergency vehicles, as further noted below. In granting this temporary 280-a variance, the board finds: (a) the relief requested is not substantial; (b) there will be no substantial change in the character of this district; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appellant to pursue other than a variance; (e) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, that a temporary 280-a approval is hereby Page 3 - Appeal No. 3478 Matter of BECKY JOHNSTON (Variance) Decision Rendered September 11, 1986 GRANTED TO ALLOW ISSUANCE OF A TEMPORARY AND LIMITED BUILDING PERMIT SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the applicant have an easement and rights over the right-of-way in question; 2. That this approval is subject to the action of the Courts pending concerning this matter; 3. That the applicant and/or future property owners must re-apply for final 280-a approval in accordance with New York Town Law after Court settlement for reconsideration; 4. That this temporary 280-a approval following improvements for sufficient access of the right-of-way: include the within the base Extending from the rear of the existing barn to the most northerly survey monument, a distance of 800 feet, more or less be excavated six inches deep and replaced with six inches of bankrun (20% stone content), a minimum width of ten feet. 5. Proper issuance of a temporary building permit shall be permitted by the Building Inspector only for the enclosure of the dwelling under construction for protection from bad-weather conditions. No further construction shall be permitted until final 280-a has been filed and re-considered (see Condition No. 3, supra.) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk I ECEIVED AND FILED By THE SOUTHOLD TOWN,~C;.k'~,K To~wn Clerk, Town of Sou~'old September 14, 1986 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 commencing at 7:30 p.m. on THURSDAY, AUGUST 14, 1986 and as follows: 7:35 p.m. Appeal No. 3536 GEORGE AND PAT BROWN. Variance to the Zoning Ordinance, Article III, Section 100~31, Bulk Schedule, for permission to construct deck addition to dwelling with reduction of existing nonconforming sideyard setback, at 150 Briarwood Lane, Cutchogue, NY~ County Tax Map Parcel No. 1000-136-1-3. 7:40 p~m. Appeal No. 3477 WILLIAMPAND KATHERINE HEINS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this proposed division or set-off of land located along~ the north sid~ of Main Road, Orient, NY~ County Tax Map Parcels No. 1000-19-2-5 and 6. 7:50 p.m. Appeal No. 3520 - THOMAS SHALVEY. Variance to the Zoning Ordinance, Article III,'Section 100-31, Bulk Schedule,~ for approval of insufficient area, width and depth of two parcels ~in this proposed division or set-off of land located along the south side of Case Road, Cutchogue, NY; County Tax Map Parcels No. 1000-116-2-15 and 16. 7:55 p.m. Appeal No. 3532 ARTHUR AND BERNADETTE BURNS. Variance to the Zoning Ordinance, Article III~ Section6~lO0-30(C) and 100-32, for permission to construct accessory tennis court in the frontyard area, at 3525 Private Road #13-(right-of-way extending off the end of Ruth Road), Mattituck; County Tax Map Parcel No. 1000-105-1-4. 8:05 p.m. Appeal No. 3433 GAIL DESSIMOZ and MICHAEL RACZ. Variance for ap~a~,~ access, New York To~n Law, Section 280-a, over private right-of-way known as Hatlock Lane and referred to as Private Road #10, extendin§ off the north side of Sound Avenue, Mattituck, New York,(over and along lands of Charles Simmons and Edward Harbes). County Tax Map Parcels No.. 1000-112-1-7 & 8, and to Parcel No. 1000-112-1-4. Page 2 - Notice of Hearings August 14, t986 Regular Meeting Southold Town Board of Appeals 8:10 p.m. Appeal No. 3530 RAYMOND T. GOODWIN. Variances to the Zoning Ordinance: (1) Article ~II~ Section 100-31, Bulk Schedule, for permission to construct kitchen addition with an insufficient sideyards; to construct setback from Bay Boulevard, westerly sideyard setback and insufficient total (2) Article XI~ Section lO0-119.2(B) for permission kitchen and deck additions with an insufficient the highwater mark along ?econic Bay, at 4450 Peconic Laurel, NY; County Tax Map Parcel No. 1000-128-4-22.2. 8:15 p.m. Appeal No. 3533 - JOHN AND JEANNE BREDEMEYER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate single-family dwelling structure within 75 feet of ordinary highwater mark -along Orient Harbor. location of Property: Wes't Side of Bay Avenue~ Orient, NY; County Tax Map P-arcel No. 1000-26-1-8. 8:20 p.m. Appeal No. 3539 MICHAEL HERBERT. Special Excep- tion to the Zoning Ordinance, Article III, Section 100-30(B)[16] for permission to establish "Bed and Breakfast use, "an owner- occupied building, other than a hotel, where lodging and breakfast is provided for not mere than six casual~ transient roomers, and renting of not more than three rooms. Location of Proper~y: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000- 140-2-23. Zoning District: "A" Residential and Agricultural. 8:25 p.m. Appeal No. 3442 JOHN J. NEWMAN. Variance to the Zoning Q~dinance, Article XI, Section 100-119.2(B) for permission to construct additions to dwelling within 75 feet of high water and'existing bulkhead along James Creek, at 430 Sailors Needle Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-5-29.1 and 30. 8:35 p.m. Appeal No. 3535 NORTH FORK FRIENDS OF KENYON TUTHILL. Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to use premises for' a special fund-raising event ~n conjunction with fireworks display, at premises of W.F. and T,A. LaMorte, 895 North Bayview Road, Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.1 to 20.21, inclusive). Pa~e~ ~ Notice of Hearings Au§ust~14,~lg86 Regular Meeting Southold Town Board of Appeals 8:40 p.m. Appeal No. 3478 BECKY JOHNSTON. Variances for: (1) Building Inspector to issue building permit allowing existing structure to be weatherized, prior to final 280-a access approval~ and (2) approval of access in accordance with New York Town Law, Section 280~a, over private right-of-way extending from the northerly end of Bridge Lane Extension and Oregon Road~ over lands of Bokina,'~dentified on the Suffolk County Tax Maps as 1000-73-2-4, so premises of Johnston, identified on the Suffolk County Tax Maps as 1000-73-2-1. 9:00 p.m. Appeal No. 3513 STEPHEN SHtLOWITZ. Variance to the Zoning Ordinance, Article X~, Section lO0-119.2(B) for permission to construct condominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Greenport, NY; 1000-49-01~25~1. Zone District: "M-Light Mul- tiple:" Residence~ 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 subject hearing. For more information, please call 765-180g. Dated: July 17, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CNAIRMAN ATTENTIO~ NEWSPAPERS: Please pubilish Thursday, Ju~y 31, 1986 and forward two affidavits of publication on or before August 5th to: Board of Appeals, Main Road, Southold, NY 11971. Copies to the following 7/28/86: Personal Delivery: Suffolk Times~ Inco L.I. Trave!er~Watchman, Inc. By Hand: Henry Raynor for Thomas Shalvey By Mail: .i, Re: M. Herbert Mrs: Patricia C. Moore, Rudolph H. Bruer Law Office, Southold, NY 1197! / Mr. Richard O. Kunst, 1745 Harbor Lane, Cutchogue for GEORGE AND PAT B__RO~N. Mr. and Mrs. George Brown, 150 Briarwood Lane, Cutchogue, Anthony B, To'hill, Esq. aS'~ttorney for Mr. and Mn.S.~ William Heins Mr. 'and MrS. Arthur Barns' Mr. and Mrs. Wil'-liam Heinsj Main Rgad, Orient, NY 1t957 Mr. and Mrs. William LaMorte 'and Nr Friends of K. Tuthill Mr~ and Mrs. Ar~-hur Burns.~'3525 Private Road #13', Mattituck, NY 11952 Mr. J. Doug'las Peix, 208 'Fifth A'~enue, New Yo~k, NY lOOlO for RACZ Gail:D6s~]mbzF!~n(~'Nichael. R~acz~ 208 Fifth Avenue, New York, N¥~lO .Charl'es Mat. thews, Esq.~ Box 800~ Hun_tington, NY !1743 Abigail A. Wickham, 'Esq. as Attorney for M~ .and Mrs. Raymond T. Goodwi~p Mr.. and Mrs. John Bredem~yer Mr. and Mrs~ John J. Newman Philip~J.. Cardi~ale, Esq.~ Re: Johnston (Bokina) Michael J. Hal!, Esq. as Attorney for Becky Johnston StePhen R. Angel, Eso ~ Attorne~ for Stephen Shilowitz Lawrence Storm, Esc,' ttorneY for R. Strong and others Mr~ and Mrs. Roberl g: Woodmere address FOR~ NO. 3 TOBrN OF SOUTB[OLD BUILD~rNG DEPARTMENT TO?~N CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your a~pplicat, ion dated ...q~..~ ............ , 19 .~.(q.. for pe~t to ~~. ~.~ ~. ~~ .................. at County Tax Map No. 1000 Section ...q2~.~. ~ ..... Block ....¢~..2_: ...... Lot ... ) .......... Subdivision ................. Filed Map No ................. Lot No. is returned herewith and disapproved on the followhng grounds ..~. ~..~..o,4~.. ~ .~ 0. ~_ ..... ~~.~.. ~~.._~.. ~. ~...~~.... ~.~ ..... ~ ~.~.~.. ~'.~.. ~.~. ~ .......... ........ ............ Building Inspector Rv 1/80 Town C~r~P~FROM DECISION OF BUILDING INSPECTOR DATE ...... . ...~ ............. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (WI~X ....M.i~kaa~..J.,...tta%.L .......................... of ...L(15. Q...Ea~ng.a..a~.a=ua ............................... Name of AppeJlont Street and Number Southold New York ............................ HEREBY APPEAL TO Municipclity 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 ( ) Becky Johnston Name of Applicant for permit of Oregon Road, Cutchogue, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ) LOCATION OF THE PROPERTY .....0..r.e..§.o...n....~.o..~..d..,....G..q.~.C.h.q.~.q.¢ ............................................. Street Use District on Zoning Map ................................................................................ Current Owner Becky Johnston 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.) 280A 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (X) 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 nrev,ous appeal (~i~f (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a speciaJ permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL X) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that owner has access which has not yet been approved by the to premises Zoning Board. over right-of-way Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties Or unneces- sary HARDSHIP because without 280A Approval owner will not be able to use or develop her premises. 2. The hardshipcreatec is UNIQUE and isnotshared by ali properties alike in the immediate vicinity of thisproperty and in this use district because this is one of few parcels in the immediate vicinity which does not have approved access, as it is at the end of a long right-of-way north of Oregon Road, 3. The Vonance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the premises sought to be improved has been az the present locationn form some time and the proposed approval of the right-of-way would not result in any change in the character of the district. STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss ~28th February Sworn to this ..............................................day of ........................................................ / / ' Signature ............... ~/" O~: $OUT~OLD I~ODERTY ~ECO~D CARD /vi -' Z L. OWN ER FORMER STREET VILLAGE LAND IMP. TOTAL DATE AGE BUILDING CONDITION DISTRICT SUB. LOT ACREAGE TYPE OF BUILDING CB. J MISC. NEW Farm Ti-lJaEle Tillable 2 :abJe 3 Woodland Swampland Brushland House Plot Total NORMAL BELOW Acre Value Per Acre ABOVE Value Extenslon ! !'-4 r Extension Garage ~ ~ [ , .,~L~ ~,~ ,~ O.B. Foundation Ext. Walls Fire Place ~atio Driveway Porch Porch Bath Floors Interior Finish A~ti¢ Rooms 1st Floor Rooms 2nd Floor oWNER FORMER OWNER RES. /~m SEAS. LAND IMP. AGE NEW NORMAL Farm Acre Tillable 1 Tillable 2 Tillable 3 , STE, EET VL TOTAL DATE VILLAGE ACREAGEI 'TYPE OF BUILDING LOT COMM. IND. I CB. I MISC. REMARKS BUILDING CONDITION BELOW Value Per Acre ABOVE Value Woodland S~/amplana B[ushland M. Bldg. Extension Extension Extension Breezewo, ~aro§8 Ot B, Foundation 5-aB/asse~ent Ext. Walls Place Patio Driveway Porch Porch Bath Floors Interior Finish Heat Attic Rooms ]st Floor Rooms 2nd Floor