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HomeMy WebLinkAbout3443 Southold Town Board of Appeal NAIN RDAD- STATE RDAD 25 SDUTHDLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3443 Application Dated December ll, ]985 (Public Hearing 2/6/86) TO: Mr. Frederick W. K0eh]er~ J'r. - [Appellant(s)] 575 Old Harbor Road Cutchogue, NY 11935 Mr. James L. Gray, Sr. as agent At a Meeting of the Zoning Board of Appeals held on March 10~ '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 6nder the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section ]00'32 [ ] Request for Application for FREDERICK W. KOEHLER, JR. for a Variance to the - Zoning Ordinance, Article III~ Section 100-32 for permission to locate tennis court in an area other than the required rear yard at 575 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-6. WHEREAS, a public hearing was held and concluded on February 6, 1986, in the Matter of the Application for FREDERICK W. KOEHLER, JR. under Appeal No. 3443; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted that there has been no public opposition; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, existing structures, and the surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 3, Lot 6, consisting of a total area of 2.93 acres with 203.06' frontage along Old Harbor Road. 2. The subject premises is improved with a single-family frame dwelling, an 12' 24' accessory (generator-storage) building as per Building Permit #4738Z issued May 8, 1970, 8± ft. by 8± ft. fenced area~ and accessory 29' by 35' three-car accessory building as per Building Permit #14160Z issued July 25, 1985 located in the front- yard area (without prior Z.B.A. application). 3. By this application, appellant requests a Variance to Article III~ Section 100-32 for permission to locate an accessory ~ 60' by 120' tennis court in the frontyard area approximately 200 feet from Old Harbor Road and 10 feet from the southerly side (CONTINUED ON PAGE TWO) DATED: March 18, 1986. CHAIPjVLAN, SOUTHOLD TOhrN ZONING BOARD OF APPEALS For~a ZB4 (rev. 12/81) Page 2 - Appeal No. 3443 .~.atter of FREDERICK W. KOEHZER, JR. Decision Rendered March 10, 1986 property line, as shown on survey amended December 4, 1985 prepared by Roderick VanTuyl, P.C. 4. Article III, Section 100-32 provides all accessory build- ings and structures or other accessory uses to be located in the rearyard. 5. The premises in question is located in the "A-80'~ Residen- tial and Agricultural Zoning District. 6. It is the opinion of the board that the practical difficulties demonstrated by the appellant is not sufficient under the circumstances to warrant the granting of the relief requested since there is ample rearyard area to locate same° In considering this appeal, the board has determined: (a) that the relief requested is substantial in relation to the zoning requirements; (b) that the location of the tennis court in the frontyard area is not consistent with the area and there will be a substantial change in the character of this district~ (c) that the practical difficulties demonstrated are not suffi- cient under the circumstances since the tennis court may be located in the rearyard area; (d) that the public health, safety, welfare, order, convenience of the town will not be served by the granting of same; (e) there is another method feasible for appellant to pursue other than a variance; (f) the spirit of the zoning ordinance would not be served - by granting of the relief as requested; (g) that the interests of justice would best be served by denying the relief~ as requested under Appeal No. 3443. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal Noo 3443 for permission to locate 60' by 120' tennis court in the frontyard area in the application of FREDERICK W. KOEHLER, JR. BE AND HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. (Members Doyen and Douglass were absent.) This resolution was duly adopted. lk ~arch ~7, 1986 NOTICE IS HEREBY GIVEN~ pursuant to Section 26? of the Town Law and the Code of the Town of Southold, the f~llowing public hearings will be held by the SOUTHOLD TO!~N BOARD OF APPEALS at the,Southold Town Hall~ Main Road, Southold: NY at a Regular Meeting commencing at Z:30 p.m. on THURSDAY, FEBRUARY 6~ 1986 and as follows: ?:35 p.m. Appeal No. 3432- JOHN AND JOYCE HOLZAPFEL (Recessed from l/9/86). ?:40 p.m. Appeal No. 3446- MARGERY D. BURNS. Variance to the Zoning Ordinance, Article VII, Section 100-?0(C)(l) for permission to construct accessory inground swimmin§pool upon premises known and referred to as 53245 IVlain Road, Southold, NY, presently zoned "B-l" General Business; identified on the Suffolk County Tax Maps as District I000, Section 6l~ Block 01, Lot 008. l. ?:45 p.m. Appeal No. 3196- WALTERHAIRSTON~ (Estate Of). Variance to the Zoning Ordinance, Article III,Section 100-3l, Bulk Schedule, for approval of two parcels (with existing dwellings)having insufficient area, width and depth. Location of Property: West Side or,Carroll Avenue, Peconic, NY; identified on the Suffolk County Tax Maps as Pis!rict 1000, Section 74~ Block 3, Lot 10. 7:50 p.m. Appeal No. 3454- kLICE P. CURRIE. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule., for permission to construct addition with an insufficient rearyard setback at 1815 Soundview Avenue~ Southold, NY; County Tax Map Parcel No. 1000-59-06-019.l.  7:55 p.m. Appeal No. 3443 FREDERICK W. Variance to KOEHLER_m~ JR__. the Zoning Ordinance, Arfilcle III, Section 100-32 for permission to locate tennis court in an area other than the required rear yard at 5?5 Old Harbor Road, ~ New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-6. 8'00 pm. Appeal No. 3444 JOSEPH AND FRANCES GRASSO. Variance to the Zoning Ordinance, Article III, Section 100-32 and ArticleXI Section 100-ll9.2~ for permission to locate accessory storage building in the sideyard area and with an insufficient setback from wet[ands~ at 7145 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-59-06-003. 8:05 p.m. Appeal No. 3448 - RIVERSIDE HOLMES, INC. Variance to the Zoning Ordinance, Article III, Section 100-3l, Bulk Schedule, for permission to locate new dwelling with insufficient front and rear yard setbacks. Location of Property: East Side of P~ivate Road(off the south side of Soundview Avenue)~ Peconic, NY; identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 9~ Lot [8. Page 2 - Legal Netice of Hearings Southold Town Board of Appeals Regular Meeting - February 6~1986 8:10 p.m. Appeal No. 3383 - ANNA PACIFICO, Variances to the Zoning Ordi- nance~ Articles: (a) III, Section 100-3l~ Bulk Schedule for permission to construct addition with an insufficient sideyard setback~ (b) III~ Section 100-3l~ Bulk Schedule for permission to construct addition which exceeds the maximum-permitted 20% lot coverage requirements, (c) BiI Section 100-l19..2(B) for permission to construct addition with an insufficient setback from wetlands. Location of Property: 1250 Blue Marlin Drive1 Southold, NY; County Tax Map Parcel No. 1000-53-05-034~ (also known as Lot ~13~ Map of"Southold Shores~" Map No. 3853. 8:20 p.m. Appeal No. 342l - JOSEPH ZIELONKA (ESTATE OF). Variance to the Zoning Ordinance, Article III, Section 100-30: and Article XI~ Section 100-118, for permission to utilize premises located in this A-Residential and Agricultural Zoning District for two B-Light Business uses lin addition to two dwelling uses. Location of Property: 27475 Main Road, Cutchogue, NY; County Tax Map Parcel No. ]000-I02- 01-13. 8:25 p.m. Appeal No. 343]-RAILDESSHVlOZ AND MICHAELRACZ. Variances to the Zoning Ordinance~ Article X~ Sections 100-llR(E) and 100-ii9.2 for: (a) permission to renovate and expand existing nonconforming cabin (guest cottage without kitchen facilities) exceeding 50% of value and square footage of same as exists~ and (b) permission to construct addition to existing nonconforming cabin within I00 feet of bluff along the Long Island Sound~ premises known as 4255 Private Road #10 (Halleck Lane)~ Mattituck~ NY; County Tax Map District 1000~ Section ll2, Block 0l~ Lot 004. (Hearing recessed from December 12, 1985) . The Board of Appeals will hear at said time and place all persons 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. For more information, please call 765-1809 (alt. 1802). Dated: January 21~ 1986. BY ORDER QF THE SOUTHOLD TO~v~N BOARD OF APPEALS GERARD P. GOEHRINGER~ CHAIRMAN INSTRUCTIONS TO NE~,~rSPAPERS: Please publish once~ to wit: Thursday~ January 30~ 1986~ and forward nine affidavits of publication to: Board of Appeals~ Main Road~ Southold~ NY 1197l. (on or before February 3rd) .... ~ .......................................................................... FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. .~. ~ .~.... ,c~.. ~ ~., ............ .~ .~ .~.&~., .~ :~.....~.! .~..~.~..~. PLEASE TAKE NOTICE that your application dated . ~ ~' I ~ 19 .~ ~ for pemit to ~~.. ~X~..~ .~ .~/~ .... ~.~ ........ at Location of Property h~t.~.~Z:~7 .... ~'' ~~'t~" ..... ~ ~4. ~. *)~ CounW T~ Map No. 1000 Section ..... ].~ 2 ..... Block .... ~. ......... Lot .... ~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. ~.~..~...~ ~. ~.~.:.~a...a.~~..~~.. ~.. ~.. ~ .... ~.. ~J ~....~.~:~..~ , . I~ ......... ......................................................... Building Inspector RV 1/80 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD. N.Y. 11971 TEL.: 765-1802 stained ................. 19... Received ........... ,1 9... proved ................. 19.. · Permit No ........... .approved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . .Qq~o.~e.r..0,~ ....... 198.5. INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 of plans, accurate 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 areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- c. The work covered by tins application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit 11 be kept on the premises available for inspection througheut the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy ~1 have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to fl~e Building Department for the issuance of a Building Permit pursuant to the iding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or gulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. s applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to nit authorized inspectors on premises and in building for neces~ inspections ~ (Mailing address of applicant) ~te whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Owner ~me of owner of premises Frederick W. Koehler Jr (as on the tax roll or latest deed) applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Location of land on wkich proposed work will be done ........................................... . ....... ~.~/ ' Old Harbor Road . New Suffo k, Town of Southo!d, NY 11953 House Number Street Hamlet County Tax Map No. 1000 Section il7.00 Block 03.00 Lot 006. 000 Subdivision ..................................... Filed Map No. (Name) "':; .......... Lot ............... State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Residence ....... b. Intended use and occupancy Residence Beach House 3. Nature of work (check which applicable): New Building . . ,.X..' ..... Addition .......... Alteration .. o ....... Repair .............. Removal .............. Demolition .............. Other Work .... I(.. ' ....... Other-Tennis Court (Description) $259000- 4. EstLmated Cost ...................................... Fee ...................................... '" (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ number of cars if garage, . ....................................................................... 6~ If business; commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing stractures, ifany: Front ............... Rear .............. Depth ............... Height ....... Number of Stories ....................................................... Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth. ..................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construcfion: Front ...~0: .......... Rear ....40~ ......... Depth 29'. ............ ~a{Eht t 2 ~ Nll~rnbar ~f ,qtor;~q one 9. Size of lot: Front ... ;.. 2~3! ............ Rear ...... .19.8~ ............ Depth .~PPFg¥:. ,6}.a~ .......... i0. Date of Purchase . .J¢¢Y, .19~3.5 ................... Name of Former Owner . $~9¢.a.RI~.¥9'.hr.~.ng ............. ~, t.Zone or use district in w_aich premises are situated residential 12. Does proposed construction violate any zoning taw, ordinance or regulation: .. no ............................ 13. Will tot be regraded . .a.~..~gpp}.s..cg.ur.~ ............ Will excess fill be removed from premises: Yes No × 14. Name of Owner ofprendses F:. ~:..rg.eN~.er;.J? .... Address .1.05..A.t.1.e.n..B.l.v.d: .... Phone No..~.9.4r.~.7.29 ....... Name of Architect ....U.n.k.ng?'.n ................. Address ................... Phone No ................ Name of Contractor . Pg~.i.n?-.°.n. .6 .o .n .s ~ .p .u .c .t .i .o .n .... Address Farmingdale, Ny .. Phone No. 249-0888 PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and~ indicate all set-back dimensions from property !~nes. Give street and block number or descnpfion according to deed, and show street names and indicate whether interior or corner lot. See Attached survey STATE OF NEW yORK, S.S COU~Y OF .... ~u.~ro.!k. Frederick W. Koehler, Jr being duly sworn, dePoses and says that he is the applicant (Name of individual signing contract) aoove nameo. (Contractor, agent, corporate officer, etc.) o.fx~cl~kgt~tl~%]OXX~'Wltlfli{f and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained h~ this application are true to the best of his knowledge and belief; and that the work w~l be performed in the manner set forth in the application filed therewith. Sworn to before me this !lth da,, ~ October lO 85 Notar?. u~hc, . .................... £.U~_.O~LX. ..... o~,nty., ,7 ~ ~ [, J TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~ DAT~ ~ n .... TO THE ZONING BOARD OF APDEALS, TOWN OF SOUTHOLD, N..¥ 1, ('~: 'i, ~'?..:F...e...d..e..~.J:.g.-,-G...,~*....~..°...e.~..a.~.,.~,-.r.:......of ..,~.7.,~...-~...I,.d....~.~..l~o~..i3.c~a,¢l. .................. ' .......... Name of Appellant Street and Number ~ew Suffolk ....,~.,e,,,w,..~.,°.,~..,k......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..........O...c..t...°.,b.,e.,r..,..1.7..~....l...9..8...5 ....... WHEREBY THE BUILDING INSPECTOR DENIED TO ....... . .F..r_e..~ .e...r. ,i..c., .k.....w....,, .~ .o...e..n...z.,e..r, ,....ff.~.., .............. Name of Applicant for permit of ........ .5..7..5....9. % .d... ~.~ ~.~.o..~..~9. ~.4,....~ .e...w.....s.~.~.o.~..k. ............ ~.~.w...~..o..~ .............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Building Permit I. LOCATION OF THE PROPERTY ........ 52.5...Q.l.d..~arl~o~..P~Qa~ ............................................... Street Use District on Zoning Mop 117 Block 3 6 .................................................................................. Current 0Whet Same iv,ap No Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section aha Paragraph of the Zoning Ordinance by number, Do not quote the Ordinance.) Artlcle IIZ~ Sect. 100-32 3 TYPE OF APPEAL Appeal is made herewith for (XX) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. i6 Sec. 280A Subsection 3 4. PREV OUS APPEAL A arewous appeal (h~,) (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 special permit ( ) request for a variance and was made in Appeal No ................................ Dated ..................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ×) ^ Variance to the Zoning Ordinance ) ~s requests8 for the reason that due co nature of site and watez f~o~tage, tennis court would be best situated in front yard. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaJdiffJcuitiesorunneces- saryHARDSHiPbecau~although this near 3-acre parcel is large~ it has a long rectangular shape and the house is set back from the street approximately 475' to obtain the best view of the water° The tennis court, if placed in the rear yard (or water side of the house)would block/hinder-the water view, non only for owners but possibly neighbors as well. 2. The hardshio created is UNIQUE one is not shared by aH prope~ies aJike in Che immediate vicinit, of this property and in this use district because bhe depth of the front yard is substantially greater than other homes zn the area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CPIARACTER OF THE DISTRICT because the set back from the road and the proposed landscaping would make the court barely visible from street~ STATE OF NEW YORK ) ~ ~(/ ~ , ~.,. ] /: Z"~ COUNTY OF Suffolk) Signature ~ Sworn to this 28 a o~ October .............................................. ay ........................................................ ]9 85 ....... Notary Public