HomeMy WebLinkAbout3065C.R. #48 55
So u'~ h o 1-d, N Y ......... 0-3
John Kerbs 2 j3'4~
Subdivide prope~ty w~th insufficient lot width
3/85
and areal2/27/82 filed pending 82 file 6/1
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOI. D, L..I., N.Y. 11cj71
ACTION OF THE ZONING BOARD OF APPEALS
TELEPHONE (516) 765-1809
Appeal No. 3065
Application Dated December
TO: Mr. John M. Kerbs
Middle Road
Southold, NY 11971
27, 1982 (Amended 4/15/86)
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on June 25, 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
[×] Request for Variance to the Zoning Ordinance
Article III , Section ]00-3], Sulk Schedule
[ ] Request for
Application of JOHN M. KERBS for a Variance to the Zoning Ordinance,
Article III, Section 100-31, Bulk Schedule, for approval of insufficient
area of three parcels in this proposed four-lot minor subdivision located
along the south side of Middle Road (C.R. 48), Southold, NY; County Tax
Map District IOuO, Section 55, Block 3, Lot 3.
WHEREAS, a public hearing was held and concluded on May 22,
1986 in the Matter of the Application of JOHN M. KERBS under Appeal
No. 3065; and i~
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. The premises in question is located along the south
~ide 6f Middle Road, or County Route 48, in the Hamlet of Southold,
having a total acreage of 6.804 with frontage of b91.88 feet and
lot depth at the westerly end of 289.30 feet and at the easterly
end of 715.52 feet. The subject premises is identified on the
Suffolk County Tax Maps as District 1000, Section 55, Block 3,
Lots;.3 and 4.1 (4 and 2). The subject premises was conveyed in
two deeds at Liber 3441 pp. 33 and 36, November 22, 1952, to
Mr. and Mrs. John M. Kerbs.
2. By this application, as amended by letter dated April 15,
1986, and submission of survey maps amended April 24, 1986, prepared
by Roderick VanTuyl, P.C., applicant requests approval of insuffi-
(CONTINUED ON PAGE TWO)
DATED: June 25, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3065
Matter of JOHN M. KERBS
Decision Rendered June 25,
1986
cient lot area of not less than: (a) 70,000 sq. ft. for proposed
Lot #1, exclusive of 25' right-of-way running along the westerly
side line; (b) 62,000 sq. ft. for proposed Lot #2, which is
presently improved with a single-family dwelling and accessory
garage/storage building located in the rear yard; (c) 63,000
sq. ft. tor proposed Lot #3. Proposed Lot #4 does not require
an area variance since it contains an area exceeding 80,000
sq. ft. in area and is intended for single-family purposes.
2. The board is in agreement with the applicant as to
the unusual shape, which lends to the adjustment of varied
lot area as proposed.
In considering this appeal, the board also 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) there will be no substantial change
in the character of the neighborhood or detriment to adjoining
properties; (d) the relief requested is not substantial;
(e) the difficulty cannot be obviated by some method feasible
for appellant to pursue other than a variance; (f) that the
variance will not in turn cause a substantial effect of increased
population density or be adverse to the safety, health, weflare,
comfort, convenience and order of the town; (g) that in
view of the manner in which the difficulty arose and in con-
sideration of all the above factors, the interests of justice
will best be served by allowing the variance, as conditionally
noted below.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Goehringer, it was
RESOLVED, that the relief requested under Appeal
No. 3065 in the Matter of the Application of JOHN M. KERBS
for approval of three parcels as shown on survey mapped April 24,
1986, for insufficient lot area of not less than: (a) Lot #1
of 70,000 sq. ft.; (b) Lot #2 of 62,000 sq. ft., (c) Lot #3
of 63,000 sq. ft., BE AND HEREBY IS APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
1. Lot #1 must be serviced by public water (as provided
along C.R. 48);
2. No further lot area reductions of Lots #1, #2, or
#3 to less than that requested herein.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent.) This resolu-
tion was duly adopted.
lk
GERARD P. GOEHRINGER, MAN
July 12, 1QRR
RI CEIVI D AND FIT. ..D BY
Tltg :)UTHOLD TOWI
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
12/7/82
DATE ..............................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
JOHN M. I{ERBS MIDDLE ROAD
1, ~[~3~ .................................................................. of ............................................................................
Name of Appellant Street and Number
SOUTHOLD N Y.
................................................................................................... · . ..................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
11-16 -82
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING iNSPECTOR DENIED TO
JOHN M. KERBS
Nome of Applicant for permit
of MIDDLE ROAD, SOUTHOLD~ N. Y.
Street and Number Municipality State
) PERMIT TO USE
) PERMIT FOR OCCUPANCY
(XM PERMIT TO SUBDIVIDE PROPERTY
1 m LOCATION OF THE PROPERTyMZ''D''D'~'''~'0--'A''?'''~"~' ,.!.?.:.~.;..,.4...8.!, ........ ~.....~.~.'. ..........
Street Use District on Zoning Map
lO00~Sg-~ D~ 002-003-004
Iv~oD No Lot No.
2. PROVISION (Si OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ART. III, SEC. 100-31
3. TYPE OF APPEAL Appeal is mode herewith for
(××) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lock of access ,State of New York Town Law Chap. 62 Cons. Lows
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A Previous oppeaJ ~;~i (has not) ~een mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for o special permit
( ) request for a variance
and was mode in Appeal No ................................. Dated ......................................................................
( )
~Xx)
( )
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
]; STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficuitiesorunneces-
sary HARDSHIPbecou~ We purchased this property 30 years ago to live
on and to serve~as a cushion for our "later" years, I will retire
in the near future._ With further inflation a real possibility~ I
must attempt to provide that cushion by dividing this property in
the most financially prudent manner. I desire to be a taxpaye~r~
not a "taker" in the years ahead.
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
The configuration of th~ property is such there is no other
practical way to lay it out and keep with the concept ofX~'
parcels = 6.85 acres.
3. The Variance wouid observe the spirit of the Ordinonce and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
Many parcels in the immediate area do not conform to the
frontage and square foot requirements (map of area in hand).
I i~e~ to use the property in the rear of p~rcel~ for
agric~tUre. 'x~ (nursery stock).
/
) SS ......
COUNTY OF )
Sworn to this ................... .~... .................... day ..~....i ........ ~ ...... 19 ~
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the To~n 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 7:20 p.m. on THURSDAYs MAY 22, 1986 and
as follows:
7:35 p.m. Appeal No. 3399 - JOSEPH AND ANN PACELLI. Variance
to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for approval of insufficient area~ depth and width of three parcels
referred to as Lots #1, 9 and 10, Map of Bayside Terrace, Southold,
NY; Lot #1 located along the south side of North Bayview Road,
and Lots #9 and #lO located along the easti~side of Summer Lane;
County Tax Map District 1000, section 78, Block 9, Lots 1 and 16.
?:40 p.m. Appeal No. 3492 - JOYCE TESE. Variance to the
Zoning Ordinance, Article III~ Section 100-32C, for permission to
locate accessory three-car garage in frontyard area, at 800 Jackson
Street, New Suffolk, NY; County Tax Map District 1000, Section ll7s
Block 10, Lot 5.
7:45 p.m. Appeal No. 3498 - GREEN?ORT N.Y. CONGREGATION OF
JEHOVAH WITNESSES. Special Exception to the Zoning Ordinance,
Article III, Section 100-30(B)[2] for permission to constr~ct
addition and establish same for religious, library use, at 1345
Indian Neck Lane (a/k/a 50 Spring Lane), Peconic, NY; County Tax
Map District 1000, Section 86, Block 5, Lot 1.
7:50 p.m. Appeal No. 3504 - GREENPORT HOUSING ALLIANCE.
Variance to the Zoning Ordinance, Article III, Section 100-31 for
permission to locate new single-family dwelling with insufficient
total sideyards and insufficient northerly sideyard at 1300 Seventh
Street, Greenport, NY; Map of Greenport Driving Park, Lot #369;
County Tax Map District lO00,~Section 48, Block 3, Lot 16.'
7:55 p.m. Appeal No. 3500 - NORMAN REICH. Variance to the
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for
permission to construct deck addition with insufficient rearyard
setback at 655 Cedar Drives East Marion, NY; County Tax Map
District 1000, Section 22, Block 2, Lot 41.
Page 2 Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of May 22, 1986
8:00 p.m. ~ppeal No. 3483 - PHILIP AND ELLEN BELLOMO. Variance
to the Zoning Ord~inance, Article III, Section 100-32 for permission
to locate accessory garage/storage building in frontyard area at
7455 Soundview Avenue, Southold, NY; County Tax Map District 1000,
Section 59, Block 6, Lot 8.
L,,~Section 55, Block 3, Lot 3~
8:15 p.m. Appeal No.
April 3, 1986).
8:05 p.m. Appeal No. 3065 JOHN M. KERBS. Variance to the\
Zoning Ordinance, Article III~ Section 100-3~~, Bulk Schedule, for
approval of insufficient area of three parcels in this proposed \
four-lot minor subdivision located along the south side of Middl
e]
Road (C.R. 48), Southold, NY; County Tax Map District lO00,
3418 - GRETCHEN HEIGL (Recessed from
8:20 p.m. Appeal No. 3493 WELLS PONTIAC-CADILLAC. Variances
to the Zoning Ordinance, Article VI: (a) Section 100-60(C)[2](a) for
permission to erect ground sign exceeding maximum 6'6" height
requirement, and exceeding height requirement of t5'6" from ground
to upper edge of sign; and (b) Section lO0-60(C)E2](b)[4] for
permission to place wall sign with projection of more than one foot,
at 42155 Main Road (a/k/a 20 Peconic Lane), Peconic, NY~ County Tax
Map District 1'000~ Section 75, Block i, Lot i4.
8:25 p.m. Appeal No. 3491
of the Zoning Ordinance, Article
to construct storage building and
material uses in this "C-l" Heavy
DONALD J. GRIM. Special Exception
IX, Section 100-90 for permission
establish outside stockpiling of
Industrial Zoning District.
Location of Property: Lot #2, (Pending) Minor Subdivision #450 of
L.B. Glover, south side of Oregon Road, Cutcho§ue; County Tax Map
District 1000, Section 83, Block 3, Part of Lot 4.4, containing
4.59 acres.
8:30 p.m. Appeal No.~'3477
Variance to the Zoning Ordinance,
KATHERINE AND WILLIAM HEINS.
Article III, Section lO0-31, Bulk
Schedule for approval of insufficient area, width and depth of'two
parcels in this proposed division located along the north side of
Main Roads Orients NY; County Tax Map Parcels No. 1000-19-2-5 and 6.
8:45 p.m. Appeal No. 3501 NORTH FORK WELDING/SCHOENSTEIN.
Variances to the Zoning Ordinance, Articles: (a) XI~ Section
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of May 22, 1986
lO0-119.2(B) for permission to locate new building within the
required 75' setback from wetlands area, (b) VI, Section 100-60
for permission to expand nonconforming use of welding business in
this "B-Light" Business Zoning District located along the south
side of Main Road, (S.R. 25), Greenport, NY; County~ax Map Parcels
No. 1000-53-2-12, 13 and 15; .Lots 172, 173, 17~, Peconic Bay
Estates Map #658, and Map #1124 as Amended.
8:50 p.m. Appeal No. 3471 - NICHOLAS TSIRKAS (Recessed
from May 1,.1986).
8:55 pl.m. Appeal No. 3497 - MARJORIE D. PETRAS. Variance to
the Zoning Ordinance, Article III, Section 100-31 for permission
to construct addition in excess of maximum-permitted 20% lot coverage
requirement, at 700 Koke Drive, Southold, NY; County Tax Map Parcel
No. 1000-87-5-006.
9:05 p.m. Appeal No. 3507 NICK THEOPHILOS. Variance
to the Zoning Ordinance~ Article XI, Section 100-119.2(A) for
permission to locate swimmingpool with deck and fence enclosure
within lO0' of bluff area along Long Island Sound, at 2200 Sound
Drive, Greenport, NY; Lot
County Tax Map Parcel No.
#118, Map of Eastern Shores, Section 4;
1000-33-1-16.
9:10 p.m. Appeal No. 3458 NORTH ROAD ASSOCIATES. Variance
to the Zoning Ordinance, Article III, Section 100-31 For Article
XIII, Section 100-t36(E)] for approval of three parcels having
insufficient area, and proposed Parcel #3 having insufficient
depth, located o~ private right-of-way off the north side of
Main Road (S.R. 25), Orients NY; County Tax Map Parcel No. 1000-
018-4-1 (1.1).
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
hearing in question. For more information, please call 765-1809
(alt. 1802).
Dated: April 16, 1986.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
ATTENTION NEWSPAPERS: Please publish Thursday, MaS 15, 1986 and
forward two affidavits of publication on or before May 19th to:
Board of Appeals, Main Roads Southold, NY 11971.
lk
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code o~ the Town of Southold, the following public
hearings will be held in addition to those previously advertised
by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Halls
Main Road, Southold, NY at a Regular Meeting on THURSDAY~ MAY 22,
1986:
OF EGYPT
XI, Section
seafood
62140 Main
8:10 p.m. Appeal No. 3506 ARMANDO J. CAPPA/PORT
ENTERPRISES. Variance to the Zoning Ordinance, Article
100-119.2(B) for permission to locate attached deck and
holding tanks within 75' of high water and bulkhead, at
Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-2; Lewis
Homes Co., Inc. Filed Map #535, Lots 1-9 inclusive.
8:50 p.m. Appeal No. 3509 HOWARD AND JANET MALONE. Variances
to the Zoning Ordinance, Article: (a) III, Section 100-31, Bulk
Schedule, for permission to construct addition with an insufficient
sideyard setback, and (b) XI, Section 100-119.2(B) for permission
to locate addition within 75' of ordinary highwater mark and bulkhead,
at 250 Blue Marlin Drive, Greenport, NY; Southold Shores Map #3853,
Lot #3; County Tax Map Parcel No. 1000-56-07-21.
Dated: April 16, 1986. GERARD P. GOEHRINGER~ CHAIRMAN
(516) 765-1809
ATTENTION NEWSPAPERS: Please
two affidavits of publication
Appeals, Main Road, Southold~
publish i[~d__a.~._May 15tl~ and forward
on or before May 19th to: Board of
NY; (516) 765-1809.
OWNER
TOWN
OF SOUTHOLD
~ ~,ORMER OWNER
AGE
NEW
FARM
Tillable
Woodland
Meadow]ond
IMP.
NORMAL
PROPERTY
House Plot
Total
R;CORD CARD
LOT
ST'REET
VL
TOTAL
lS.] SUB.
ACR. --7
TYPE OF BUILDING
FARM
DATE
COMM, CB. MICS. Mkt. Value
BUILDING CONDITION
BELOW ABOVE
Value Per Value
Acre
FRONTAGE ON'WATERi
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK
M. Bldg.
Extension
Extension
~tenslon
Porch
Porch
Breezeway
Garage
Total
Foundation
I[ Ext. Walls
Fire Place
~:1'yp e Roof
Recreation Room
Floors
t,g.b .57//~ 6 Interior Finish ~.~/) ,..c ~,~::~
/V '2 4eot
Rooms 1st Floor
Dinette
BR.
Rooms 2nd Floor FIN. B
Driveway
OF SOUTHOLD
PEOPERTY
RECORD
CARD
OWNER
VILLAGE
RES.
LAND
SEAS.
IMP,
SUB. LOT
TYPE OF BUILDING
COMM. CB. MICS. Mkt. Value
REMARKS
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Value
Tillable FRONTAGE ON WATER
Woodland
Acre Value Per
Acre
Total
Meadowl.and ~. 'I ~
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK
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