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Home My WebLink About3529 Southold Town Board of Appeals I~IAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3529 Application Dated June 18, 1986 TO: Mr. Paul Kelsch P.O. Box 411 Laurel, NY 11948 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 31, 1986 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 100-31, Bulk Schedule Column "A" [ ] Request for Application of PAUL KELSCH for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition to existing dwelling with an insufficient rearyard setback, at 405 Wendy Drive, Laurel, NY; County Tax Map Parcel No. 1000-127-08-19. WHEREAS, a public hearing was held and concluded on July 17, 1986 in the Matter of the Application of PAUL KELSCH under Appeal No. 3529; 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 document- ation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a Variance from the Provi- sions of Article III, Section 100-31 of the Zoning Code for permission to construct deck addition of a size 18' by 22', which will leave an insufficient rearyard setback at its closest point at 22 feet. 2. The premises in question is referred to as Lot #3 of Minor Subdivi- sion at "Rollingwood Estates," in the Hamlet of Laurel, and is further identified on the Suffolk County Tax Maps as District 1000, Section 128, Block 08, Lot 19. 3. The subject premises contains an area of one-half acre and is improved with a two-story single-family dwelling structure set back 35.5 feet from the front property line and 40 feet (at its closest point) from the rear property line. Certificate of Occupancy #Z12286 was issued on February 22, 1984 by the Building Department for same. DATED: Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3529 Matter of PAUL KELSCH Decision Rendered July 31, 1986 4. Article III, Section 100-31, Bulk Schedule, Column "A" requires a minimum rearyard setback at 35 feet. The percentage of relief requested is 13 feet, or a veriance of less than 38%. The board agrees with the reasoning of the appellant, and finds that the uniqueness of the shape and character of the parcel lends to the difficulties herein. In considering this appeal, the board finds and determines: (a) that sufficient practical difficulties have been shown to warrant the granting of this variance; (b) the circumstances are unique and not shared by all other properties in the neighborhood; (c) the variance requested is not substantial; (d) there will be no substantial change in the character of the neighborhood or detriment to adjoining proper- ties; (e) the relief requested will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (f) the interests of justice will best be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawickt, seconded by Mr. Doyen, it was RESOLVED, that a Variance for permission to construct 18' by 22' deck addition to rear of existing dwelling as applied under Appeal No. 3529 in the Matter of the Application of PAUL KELSCH, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS; 1. Deck shall remain unroofed and unenclosed; 2. No overhead lighting which would be adverse to neighboring areas; 3. Deck addition not be closer than 22 feet, as requested. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki. (Members Grigon£s and Douglass were absent.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CL~RK NOTICE OF HEARII~GS 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, JULY 17, 1986 and as follows: County Tax 7':35 p.m. Appeal No. '3529 - PAUL KELSCH. Variance to the Zoning Ordinance~ Article It-I~ Se----~tion. 1---~0-31 f~r permis- sion to construct deck addition to existing dweTling with an insufficient rearyard setback, at 405 Wendy Driwe, Laurel, Map Parcel No. 1000=~27~08-19. 7:40 p.m. Appeal No. 35£6 BRUCE~ND SHIRLEY SIEVERMAN. Variance to the Zoning Ordinance, Article Itt~ Section 100-31 for permission to construct deck addition to existing -dwelling and attaching an exist%rig swimmingpool, leaving an insufficient setback from the southerly (side) proper~y line on this corner lot~ Location of Property: 50 Aquaview Avenue andk~ocky Point Road, East Marion, NY; County Tax Map Parcel No. 1000-21-3-1. 7:45 p.m. Appeal No. 3528 - RICHARD AND ALZCE McMANUS. Variance to the Zoning Ordinance~ Article III,-Section 100-31 and Section t00-13(2)[B] for approval of the construction of an open porch in excess of 30 sq. ft. ~n area, 'having an insufficient setback from'the fron~ property l~ne at 710 Cedar Lane, East MarioD, NY; County Tax Map Parcel No. 1000-31-6-5.1. 7:50 p.m. Appeal No. 3531 ~'ALBERT O. 'BRENEISEN. Variance to the Zoning Ordinance~ Articie XI, .Section 1UO-119r2(B) for permission to construct poo~, deck and fence enclosure within 75 feet of mean hi-gh water along Dawn Lagoon, 715 Dawn Drive, East Marion, NY; County Tax Map Parcel No. 1000-35-5-16~ Cleaves Point Section III, Lot #71. -~ ~ 7:55 p.m. Appeal No. 3521 - ANDREW AND WILLIAM GOODALE. Variance to the Zoning Ordinance, Article II}, Section lOOz31 for permission to reduce living area in-preexisting, noncon- forming dwelling unit in this ~B-l" General Business Zoning District, to less than 850 sq~ ft. Location of Property: Page 2- Notice of ~arings Southold Town Board of Appeals July 17, 1986 Regular Meeting ~55 ~i~' Ro~d~'<jT~m~eQ.~ NY~ County Tax Map Parcel No. t000- 122-6-30.1 (or 30-). 8:00 p.m. Appeal No. 3523 - STEVE KALAIJIAN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule, for approval of insufficient lot area of proposed Parcel No. 2 in this two=lot division/sEt-off located on the north side of a private right-of=way extending off the north side of Bergen Avenue, Mattituck~-'N~; County-.Tax Map Parcel No. 1000-1-.12~01.-18. 8:1~ p.m, Appeal No~ 351'~ ROSALIE GOWEN~ Variance to reconsider the relief-requested ~nder Appeal No~ 3450 for Variances to the ~oning~Ordinance; Article III, Section 100-31, Bulk Schedule, for approval of: ~l) insufficient lot area, (2) insufficient lot-widtb-~ (3) insufficient lot dept~ of two parcels as proposed tn this pending set-off/redi~ision of q and located at-~he corners of Zena Road~ Cpt.---Kidd Drive and-Central Drive, Mattituck~ NY; Cp~ Kidd% Est-ates Filed Map #1672, Lots 134, 153, 154;- County Tax Map Parcel No. 1000-106-02-32 and 8:15 p.m. Appeal No. 3522 NORTH FORK BANCORP. Variance to the Zoning Ordi.nance, Article VII, Section 100-70(C)[2] for permission to install: (1) large 6nepr~mises'identification sign in excess of the maximum height and width requirements, and (2) second on-premises identification/directory sign, at premises known as 9025 Main Road, Mattituck~ NY~ County Tax Map Parcel No. 1000-122-6-020. Zoning District: "B-Light Business. 8:20 p.m. Appeal No. 3527 - ROBERT AND CHARLOTTE WISSMAN. Variances to the. Zoning Ordinance: (a) Article III, Section 100-31, Bulk Schedul6'~? for location of new single-family dwell.ing with reduced sideyards, frontyard, and~rearyard setbacks; and (b) Article XI~iSeclion~lOO~llP.2(B) for location of new dwel-qin-g with-reduced setback from highwater mark at Fordham Canal. Location of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map No: 1000-35-04-007.6 (referred to as Lot "C" tn prior subdivision records). 8:30 p.m. Appeal No~ 3428 - BERTHA KURCZEWSKI. Variance to the Zoning Ordinance, Article III, Section I00-31, Bulk and Parking Schedule, for approval of insufficient area and frontage (lot width) of two parcels in this pending set-off division of land, located at the east side of Depot Lane, Cutchogue, NY; 43. Page 3 - Notice of Hearings Southold Town Board of Appeals July 17, 1986 Regular Meeting County Tax Map Parcels No. 1000-102-02-003 and 025. 8:40 p.m. Appeal No. 3513 - STEPHEN SHILOWITZ. Variance to the Zoning Ordinance, Article XI, Section lO0-119.2(B) for permission to construct condominium complexes wit-hin 75 feet of bulkhead and tidal water~ at the west side of Sixth Street, Greenport, NY; County Tax Map Parcel No. 100G-49-01-25.1. Zoning District: "M-Light M~ltiple~" (Recessed from June 19, 1986) 9:00 p.m. Appeal No. 3510 RICHARD AND RUTH ZEIDLER. Variance ~o locate pool, deck and fencing within 75 feet of bulkhead and tidal water, at 100 McDonald's Crossing., Laurel. (Recessed from ~une 19, 1985) 9:15 p.m. Appeal No~ 3489 - PAUL LEARY for Reveral of Building ~spector~s Decision.concer~g property of'FRANK E. AND MARY BROPHY, 75 Second Street, New Suffolk. (Recessed from June 19-~ q986). 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 hearin§. For more information, please call 765-1809. Dated: Ju'ly 2, ~986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS · GERARD P. G'OEH~INGER~ CHAIRMAN ATTENTION NEWSPAP~ERS~ Please publish THURSDAY, JULY lO, '1986 and fOrward two affidavits of ~publication on.or befQre 7/~5 to: Board of Appg~ls~ ~ain Road~ Southold~ NY 11971. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TO~'N CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To-i J?.~.. ~. ~..~. ................. .~ ~r....~. ~~~ ........... .~..~....~... ~ :.~:.... !./.~. ~. ~ ...... .. PLEASE TAKE NOTICE that your app!ication dated.....~..~. .......... ,19..~.~.. Location of Property h~ .~o~.... County Tax Map No. 1000 Section .. ~/..&...'2. ...... Block .... .Q~..~ ..... Lot ... 1 .~ ........ Subdivision. Filed Map No. Lot No. is returned herewith and disapproved on the following grounds..~-~.: .~.....~....~. ':;...~. ~e~.~. ~.)~.~....~..~..~5~.~..a~... ~ ........ Building Inspector RV 1/80 FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 8OUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................. 19 ... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... G, DEPT. TOWN OF SO[JTHOLD Resolved ........... ~9... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This, application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, w~th 3 sets of plans, accura,e plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is par~ of t2nis app,/- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Lnspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or m part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. £he applicant agrees to comply with all applicable laws, ordinances, building code, !:u~using code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections.~_.._ ~/ ,. r~_/~//,f ............ /.~.. c_~...~. ?:...~:. ':....-:::...-.... (Signature of applicant, ~r name, ifa corporation) (ma~l~ng address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .' ~"?"~'~' :~ . ................... /9~ ~ /~z~x~ ~ ........ , .... ~ ~ ~ ~.~ .................................................. h~ ~z~ ~c/+ ~am.e o, owner o~ premises . .x .-,' ............. -~, .............................. <..f~../..~ ~.. ............... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Build.er's License No .......................... plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done .................................................. ....zA'...* ............. .... ~.' ...... House Number ~ . , Hamlet " County Tax MaP Ne. 1000 Section.,/.~?. ........... Block . .(~.... Lot.. : ....... 'i .... Subdivision .... ' Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: 3. Nature of work (check w~k~ch a~ zable): New Building ...... Ad~ ~,n ...... AJterat~o~ ;~.. · Repa~r~[c~ ~, ~-, .~?"~ ~., ~} ~;~emovai .............. Demo~tmn ........... Off, er Work ~._~_~_5~[:;~, ~s~Lmated Cost 6.~ . Fee ...... (to be pMd on f~g th~ application) 5. If dwelling, number of dwe~ng units ............... Number of dwelling units on each floor .............. If garage number of ca~ 6. If bus,ness, commercial or mixed occupancy, specify nature ~d extent of each type of use ................... 7. D~mens~ons ofex~sting stpactures, ~fany: Front ............... Rear .............. Depth HoUgh* Number of Stories Dimensions of same structure wi~ ~lerations or additions: Front ................. Rear ................ Depdn ...................... HeiSt ...................... Number of Sto~es .................... 8~ D~ensions ofentkenewconstraction: Front ............... Rear ............... Depth 9. Size of lot: Front .... /~ .. Re~ .......... Depth 10. Date of Purchase ..... ~. ~ .................. Nme of Fomer Omer ........................... 11. Zone or use district in which premises are s~tuated ................................................... 12. Does proposed constract~on violate any zoning law, ordinance or regnlafion: .............................. i3. W~I lot be regraded ............................ Wfli excess tilt be removed from premises: Yes t4. Nmnqe of Owner of premises .................... Address ................... Phone No .............. Nme of ~-chitect ........................... Address ................... Phone No .............. N~ne of Contractor .......................... Aa~ess ................... Phone No .... ~ .......... ~5. ls this property located withint200 feet of a tidal wetland7 ~ Yes ..... No .X.. ~ if yes~ 8outh~ld Tom Trustees Pemit may be required. PLOT DIAG~i Locate cle~ly ~d ~s~c~y ~I bufld~, whe~er exist~g or proposed, ~d~indicate ~1 set-back d~ensions prope~' ~nes. Give street ~d block number or description accord~g to deed, ~d show s~eet n~aes and ~dicate whorl ~nterior or corner lot. STATE OF NEW YORK, S.S COUNTY OF ................. ................................................. being duly sworn, deposes and says thai he is the applicar (Name of indfvidual signing contract) above named. He is the .......................................................................... .~ ............. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file th application; that all statements contained in this application are true to the best of Iris knowledge and belief; and that ff work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ........................ day of .... : ............ , 19 .... ~ ~d ' TOWN OF SOUTHOLD, NEW YORK AP~L~L~ISION OF BUILDING INSPECTOR APPEAL NO. ,.~77 DATE ~. ? ~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ...... ..................... .............. ................. Name of AppellantStreet and Number .............. .~.~.~ ................................................................ ~'~.S ....... HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... -~..Z?.~....~-~.. .......................... WHEREBY THE BUILDING INSPECTOR DENIED TO .............. ............................... Name of Applicant for permit of ......... ~,s.,':,,. ~.~...~. ........... .~.~,~ ................ :.,,z~..-~... ................. Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .................... ~,,~.....~....~.~...~._~..~_.~..~.. ............................................. Street Use District on Zoning Mop /,. ,~..0..~.~...~.../..~..~.,~..~....~...~......~.../.~.. ................... Current Owner /V~op 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.) ,~.,~7 ~ s~cT-' /oo.-~1 3. TY~E OF APPEAL Appee is made herewith for ( ~ A VARIANC ~' to the Zoning Ordirmnce 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 oppea ~J~as not~ been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance one was made in Appeal No ................................. Dated ...................................................................... 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 I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not sharec by oil ~roperties oiike in the immediote vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ss COUNTY OF ) Sworn to this ~- day of ...... ; ~d'.~,.~<.-~ 19 ~ Notary Public