Loading...
HomeMy WebLinkAbout3486 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLO, L.I., N.Y. 11cJT1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3486 Application Dated March ]7, ]986 TO: Mr. Robert W. Johnsen 4300 Soundview Avenue Southold, NY 11971 (File completed 4/16/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 28, ]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 [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Sulk Schedule [ ] Request for Application of ROBERT JOHNSEN for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient lot area of proposed Parcel #4 in this pending four- lot minor subdivision located along the south side of Soundview Avenue, Southold; County Tax Map Parcels No. 1000-68-4-2 and 3. WHEREAS, a public hearing was held and concluded on May l, 1986, in the Matter of the Application of ROBERT JOHNSEN under Appeal No. 3486; 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 recorded and transcribed; 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 along the south side of Sound View Avenue, in the Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 68, Block 4, Lots 2 and 3. 2. The subject premises consists of a total area of 7.1± acres (combined total) and lot width of 511 feet. Existing are a single-family dwelling and accessory storage garage, for which Certificates of Occupancy Nos. Z9225 dated 9/25/78 and Z13037 dated December 3, 1984 have been issued. (CONTINUED ON PAGE TWO) DATED: June 4, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW~N ZONING BOARD OF APPEALS Page 2 Appeal No. 3486 Matter of ROBERT W. JOHNSEN Decision Rendered May 28, 1986 3. By this application, appellant requests approval of proposed Lot No. 4 of 70,000 sq. ft. in area and lot width of 226± feet. The remaining proposed three lots in this four-lot minor subdivision are proposed to contain a minimum lot area of 80,000 sq. ft. each, and are vacant, all as shown by minor subdivision sketch plan/survey prepared by Young & Young September 5, 1984. Proposed Lot No. 4 will contain the existing single-family dwelling and accessory storage garage located in the rearyard area. 4. The percentage of relief requested in relation to the zoning requirement, Article III, Section 100-31, Bulk Schedule, is 12.5%, or 10,000 sq. ft. In considering this appeal, the board finds and determines: (a) that the circumstances are unique; (b) that the variance will not in turn cause a substantial effect of increased popula- tion density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (c) the practical difficulties shown are sufficient to warrant the granting of the variance; (d) there will be no substantial change in the character of the neighborhood or a substantial detriment to adjoining properties; (e) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (f) that in view of the above factors, the interests of justice will best be served by allowing the variance. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3486 in the Matter of the Application of ROBERT JOHNSEN for approval of insufficient lot area of 70,000 sq. ft. of proposed Lot #4, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Premises shall not be used for more than a single- dwelling use (ex. two-family, etc.); 2. Existing garage on proposed Lot #4 shall be used only for storage purposes incidental to residental use and not to be operated for gain or business purposes. 3. Setback regulations under the "A-80" Zoning District shall apply for the subject property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk GERARD P. GOEH~I~N June 4, 1986 ECEIVED AND FILED BY THE SOUTHC~LD TO¥¢N DA~ ~ ~ ~ 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, MAY'I~ 1986, and as follows: 7:35 p.m. Appeal No. 3399 K C.' BRUCE'AND ANNE STAIGER. Variance to ~he Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule~ for approval of two parcels having insufficient lot area~ width and depth and as described in Deeds at L. ibers 3362 cp 53, and 5676 ~ 213, located at the east side of Wells Road, Peconic, NY; County Tax. Map Parcels No. 1000~86-2-4 and 5. 7:40 p.m. Appeal No.'3396 ~ GARY DOROSKI for a Variance to the Zoning Ordinance~ Article XI,~ Section 100-~19.2(B) to locate pool within 75 feet of wetlands. 425 Monsell Lane, Cutchogue. (Recessed from 4~3/86) 7:45 p~m. Appeal No~ 3479 -'JOHN'P. SGOUROS for a Variance to the Zoni]ng Ordinance~ Article I}}~ Section 100-31, bulk Schedule for approval of two parcels known as Subdivision Lots #22 and #23, '~$tars Ma6or~ Subdivision Map No. 3864, approved by the Planning Board 9-19-1963, ha~iCng insufficient area, width and depth, ~located along the West S~de~ of Stars Road, East Marion, NY; .County Tax Map Parcels No. 1000-22-2-20 and 21. 7:50 p.m. Appeal No. 3480 - VINCENT AND JOANN CASA for a Variance to the Zoning Ordinance, Article XI~ .Section lO0-1q9.2(A) for permission to locate sw~mmingpool with deck and fence enclosure within lO0~feet of bluff along the Long Island Sound~ premises known as 1840 The Strand, Pebble~ Beach Farms Inc. Subdivision Map #2, Lot #115; East Marion, NY; County Tax Map Parcels No. 1000~30-2-58. 7:55 p.m. Appeal No~ 3486 z ROBERT JOHNSEN for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient lot area of proposed Parcel #4 in this pending four-lot minor subdivision located along the soU~h si. de of Sound View Avenue, Southold; County Tax Map. Parcels No~ 1000-68-4-2 and 3. Page 2 - Notice of Hearings Regular Meeting of May l, 1986 Southold Town Board of Appeals 8:00 p.m. Appeal No. 3490 HARRY AND SANDRA HURLBURT for a Variance to the Zoning Ordinance, Article iii, Section 100-32 for permission to locate accessory storage shed in frontyard area. Location of property:· Private Road~ Fishers Island, NY; bounded north by Walker, West·by Spofford, south by Private Road, east by Private Road and Sorenson; County Tax Map Parcel No. 1000-3-2-t0. 8:05 p.m~ Appeal No. 3468 ~'ROBERT J. LONG for a Variance to the Zoning Ordinance, Article III, S~ction 100'31, Bulk Schedule, for approval of parcel ~n:this proposed set-off division of land having insufficient area and depth, located along hte North Side of Main Road, East Marion, NY; County Tax Map Parcel No. 1000'31-4-15, containing 11.912 acres. 8:10 p.m. 'Appeal No. 3471 -'NICHOLAS TSIRKAS ~ · (Recessed from 4/3½86).- .. PAUL LEARY for a reversal 8:20 p.m. Appeal No. 3489 of decision of building inspector for a-nu]lifioation of actions by the Building Ddpaftment tpii:~i~sae a modified Permit and Demoli- tion Permit, and that the property owners be left to regular procedures of law in making application for a Demolition Permit and for a Construction Permit on proper plans, to be allowed only after review by the Board of Appeals, and in accordance of law. Name.~of,Ownens and. Location FRANK'AND MARY BROPHY, 75 Second County Tax Map' Parcel No. 1000-117-10-20.7. with all other provisions of Property in Question: Street, New Suffolk, NY; The Board of Appeals will hear at said time and place all persons or representatives 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. ~or mo~e information, please call 765-1809 (alt, I802). . Dated: April 3, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ' ' GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publ'ish Thursday, April 24, 1986 and forward two affidavits of publication on or b-6-f~-~-~th to: Board of Appeals~ Main Road~ Southold~ NY 11971. Page 3 (Regular Meeti'~g of May 1, Copies of the Notice of Hearings 1986) '~ to the following 4/15/86: Mr. and Mrs. C. Bruce Staiger, Box Mr. Gary Doroski, 425 Monsell Lane, Mr. John P. Sgouros, 85-15 Kendrick Place, Mr. Arthur Siemerling, Box 108, Mat~ituck, Mr. and Mrs. Vincent J. Casa~ The Strand, Mr. Robert Johnsen, Mr. and Mrs. Mr. and Mrs. 4300 Soundview Avenue, 348, southold, NY 11971 Cutchogue, NY 11935 Jamaica, NY 11432 NY 11952 for CASA East Marion, NY 11939 Southold, NY 11971 Frederick M. Reuss, Jr.: ~sq., Hempstead, NY 11550-8116 for PAUL LEARY Mrs. Susan Long, Box 46, East Marion, NY 11939 Howard E. Pachman, Esq. for TSIRKAS and BROPHY Rudolph H. Brue~, Esq. for TSIRKAS and BROPHY Harry Hurlburt~ Box 98, Fishers Island, NY 06390 Harry Hurlburt, 7014 Sheaff Lane, Fort Washington, PA 230 Hilton Avenue, Suite 103, Z.B.A. Members Building Inspector-Executive Adm. Town Clerk Bulletin Board Z.B.A. Bulletin Board (in office) Planning Board Office V. Lessard 1 9034 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIiOLD, N.Y. NOTICE OF DISAPPROVAL .... PLEASE TAKE NOTICE that your application dated . .~~-'~o .~..o. ....... 19. ~.b.. for permit to ~: . [~..~.' .c~..... ~ ~ ...... ;-~ ..................... at Loca,~ono, Pro~erty...~.t~:.....~..~..~-~...U~'-...~~~. ........... Street Hamlet County Tax Map No. 1000 Section ... ~ .~.~ ..... Block ..... ~.q ...... Lot ~[9.3~. ~ .... Subdivision ...... · .......... Filed Map No ................. Lot No .................. is returned herewiLh and disapproved on the following grounds....0~.. ?..~..~.. ~.C~.,. .~:~..~..~~.., .... :. ~.~...~.~..~~..~.~ .... Building Inspector RV 1/80 ~,~CI~V~) TOWN OF SOUTHOLD, NEW YORK MAR,~I~J~FROM DECISION OF BUILDING INSPE~OR APPEAL NO. u~ K-~'(/~ DATE ..... ~ ..... TO THE ZO , IG ,OARD ^P ALS, TOWN SOUTHOL[:, N. ¥, Nome of Appellor~t Street and Number Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .......................................... DATED .d.,.....?..- ....... - ,dC,,c~ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipality State ( ~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1 LOCATION OF THE PROPERTY ........ ~..~..o..o......~..~.M~,d~..i£.~...~..~.~ ....... ..l~.~..~.'~....~J?....L.d. ............. Street Use District on Zoning Map /vlap No Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectio~ and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) 3. TYPE OF APPEAL Appeol is mode herewith for [ ~ A VARIANCE to the Zoning Ordinonce or Zoning Map ( ) A VARIANCE due to lock of occess (Store of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ................................ Dated ................................................................ PREVIOUS APPEAL A previous appeal (has) (J:~,%.9.g,t) been made with respect to this decision ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued HARDSHIP because STRICT APPLICATION OF THE oRDINANCE would produce practical difficuities ~:Unn~ceS~ 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and in this use district because GC~-he~- ~P~?O,'~ ?'~eS O~ 3 The Variance would observe the spirit of the Ordinance and WOULD. NOT CHANGE CHARACTER OF THE DISTRICT because ~'~L ~e~%~ i ~ ~ k~'~ ~ee~ THE STATE OF NEW YORK ) ) ss COUNTY OF ~F~'~'q~2L~ ) ~ .... S~*gtature Sworn to this ............... ,J,,~..-,,,~,, ................ doy of ........ Notary Public