Loading...
HomeMy WebLinkAbout3453 Southold Town Board of Appeals MAIN ROAD- BTATE: ROAD 25 BOUTHOLD. L.I.. N.Y. 11971 (516) 765-1809 ACTION OF THE ZONI~~ Appeal No. 3453 Application Dated January 15, TO: Mr. and Mrs. Samuel K0pper 3]0 P]ym0uth Street Pembroke, MA 02359 1986 (Public Hearing 3/13/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on MaN l, ]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 IX] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Request for X Application of SAMUEL K.C. and ELIZA PLIMPTON KOPPER for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed three lots having insufficient area and width lo- cated along the west side of Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-4-1.2, consisting of a total acreage of 5.00. x WHEREAS, a public hearing was held and concluded on April 16, 1986, in the Matter of the Application of SAMUEL K.C and ELIZA P. KOPPER under Appeal No. 3453; and WHEREAS, entered into mony both in the board has considered all testimony and documentation the record concerning this application, including testi- support of and in opposition thereto; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, as well as the surrounding area in this Residential and Agricultural Zoning District; and WHEREAS, the board made the following findings of fact: 1. The property in question is situated along the west side of Indian Neck Lane, Peconic, New York, containing a total area of 5 acres, frontage along Indian Neck Road of 84.30 feet (inclusive of 25' right- of-way) and depth of 225.48 feet (southerly end), and is identified on Suffolk County Tax Maps as District 1000, Section 86, Block 4, Lot 1.2. The premises is presently unimproved. 2. In researching the history of this property, it was found and is noted for the record that this 5.0-acre was part of a 12.73-acre parcel. The 12.73-acre parcel was divided by a predecessor in title (Zaino and Sardelli) November 8, 1982 into seven lots as follows: (a) Lot #1 of 43,607 sq. ft., (b) Lot #2 of 40,599 sq. ft., (c) Lot #3 of 48,386 sq. ft., (d) Lot #4 of 51,150 sq. ft., (e) Lot #5 of 51,150 sq. ft., (f) Lot #6 of 76,740 sq. ft., and (f) the subject parcel of 5.0 acres. (CONTINUED ON PAGE TWO) DATED: May 20, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3453 Matter of SAMUEL AND ELIZA KOPPER Decision Rendered May 1, 1986 3. By this application, appellants request approval of three lots with insufficient lot area and width as follows: (a) Lot #1 of 72,600 sq. ft. with frontage along Indian Neck Road of 64.0 feet [exclusive of 25' right-of-way] and width.at the proposed principal building setback line at 185.33 feet; (b) Lot #2 of 72,600 sq. ft., and (c) lot #3 of 72,600 sq. ft., all as shown on survey dated April 4, 1985 prepared by Sealand Surveying and Engineering, P.C. 4. It is the opinion of this board that a variance is not warranted under the circumstances and in light of the history of this parcel. It is apparent that a further division was not planned in t982 when this property was set-off from the northerly portion, and that in view of these circumstances, the interest of justice would not be served by allowing the variance. Also, in considering this appeal, the board finds and determines: (a) that the lots as proposed are not within the character of the neighborhood; (b) that the circumstances are not unique; (c) that the practical difficulties are not sufficient (d) allowing the relief requested will not be within the spirit of the zoning ordinance; (e) strict compliance with the zoning ordinance has not caused economic injury;. (f) that in view of the manner in which the difficulties ar.ose, the interests of justice would be served by denying the variance and recommending two lots of 2½ acres in area, more or less. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to DENY the relief requested under Appeal No. 3453 in the Matter of the Application of SAMUEL K.C. AND ELIZA PLIMPTON KOPPER for three lots of insufficient area and width. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass and Sawicki. (Chairman Goehringer was absent.) This resolution was duly adopted. lk CHARLES GRIGON~S, jR.V CHAIRMAN PRO TEM 5/ 21 /86 RECEIVED AND FILED BY THE SOUTHOLD TOWN CL~ Town Cle~, Town o~ 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, MARCH 13, 1986~ and as follows: 7:30 p.m. Appeal NoL JOHN AND JOYCE HOLZAPFEL. 3432 Recessed Hearing in the Matter of 7:35 p.m. Appeal No. 3457 : RALPH AND LUCILLE STOCKER for permission to construct new dwelling requiring Variances to the Zoning Ordinance: (1) Article III, Section 100-31, Bulk Schedule, for excessive lot coverage, and (2) Article XI, Section 100-119.2 for reduction in the required ~etback fro~ bulkhead and tidal waters to less than 75 feet. Location of Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport; Cleaves Point, Section 3, Map #4650, Lot 59; County Tax Map Parcel No. 1000-35-05-28. 7:40 p.m. Appeal No. 3452 - PAUL FORESTIERI for Variances to~ the Zoning Ordinance;"A~ticle~ III, Section~lOO~31,~Bu!'k Schedule = for permission to locate new dwelling with insufficient front and rear yard setbacks. Location of Property: East End of Sound View Avenue (South End of Fasbender Avenue), Peconic; Bailey Park Subdivi- sion, Lots 1, 2, 3, 4, 5; County Tax Map Parcel No. 1000-67-06-004. 7:45 p.m. Appeal No. 3470 - ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct addition of 190± sq. ft. in area which will exceed the maximum-permitted the lot coverage requirement of 20%. Location of Property: 17195 Main Street (a/k/a 720 Second Street), New Suffolk, NY; County Tax Map Parcel' No. 1000-117-08-13. 7:50 p.m. Appeal No. 3447 PUDGE CORP. for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish one or more of the following uses within the buildings proposed to be constructed as shown by site plan revised 7-9-85: professional offices; electrical contractor shop; plumbing shop; furniture repair shop; carpenter shop, cabinet shop; printing estab- lishment; food processing; packaging of machine parts to be shipped; such uses as:allowed in this C-I Heavy Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-63-01-10. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 7:55 p.m. Appeal No~ 3459 - 125-127 MAIN ST. CORP. (MILLS & CO.) for a Special Exception to the Zoning Ordinances Article VIII, Section lO0-80(B) for permission to utilize premises and construct addition for the manufacture of sails~ canvas products and related items, and office and storage area incidental thereto, in this "C-Light" Industrial Zoning District. Location of Property: 74100 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-45-06-006. 8:00 p.m. Appeal No. 3465 - VELIMIR AND HEDA VRANKOVIC for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of the construction of second-story deck addition with an insufficient frontyard setback. Location of Property: 1625 Sandu Beach Road (a/k/a 55 Bay Road), Greenport, NY; County Tax Map Parcel No. 1000-43-04-45. 8:05 p.m. Appeal No. 3460 - MICHAEL J. PERLMUTTER, M.D. for a Variance to the Zoning Ordinance, Article III, Section lO0-30(C)[1](a) for permission to utilize premises and addition for accessory home occupation use (physician's office) in excess of maximum-permitted 30% first floor area. Location of Property: 2035 Theresa Drive, Mattituck; Deep Home Creek Estates Filed Map 4256, Lot 59~ County Tax Map Parcel No. 1000-115-16-15. 8:10 p.m. Appeal No. 3450 - ROSALIE GOWEN for ~arianc~s~ta~tbea Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of: (1) insufficient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road, Cpt. Kidd Drive and Central Drive, Mattituck, NY; Cpt. Kidd's Estates Filed Map #1672, Lots 134, 153, 154; County Tax Map Parcel No. 1000-106-02-32 and 43. 8:20 p.m. Appeal No. 3474 - DAVID M. JOHNSON for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an in, sufficient sideyard setback and in excess of maximum-permitted 20% lot coverage. Location of Property: 385 Corey Creek Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-13. 8:35 p.m. Appeal No. 3463 - EDMUND PRESSLER for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedules and Page 3 - Notice of Hearings Southold Town Board of A~peals Regular Meeting of March 13, 1986 Article VII, premises of 68,912 sq. ft. in area as a two-family dwelling and add two retail "B-I" General Business Zoning District. North Side of Main Road, Southold, NY; No. 1000-63-3-26. Section lO0-70(A)[1](d), for permiss on To utilize continuing nonconforming sales/office uses in this Location of Property: County Tax Map Parcel 8:45 p.m. Appeal No. 3455 - KATHLEEN VARANO for a Variance to the Zoning Ordinance, Article XII, -Section lO0-121(D)[1] for a clarifieation and/or correction of the interpretatior of the Building Inspector of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 which allows no sleeping or lqving quarters ~n the accessory garage/apartment stricture. Location of ProperTy: 6600 (or~6Z60)]Indian Neck Road,.Peconic, NY; County Tax Map Parcel No. 1000-086-07-00~. 8:55 p.m. Appeal No. 3421 Recessed Hearing - ESTATE OF JOSEPH Z~ELONKA~to be reconvened. 9:05 p.m. Appeal No. 3451 ~ BEDELL WINERY/VINEYARDS for a Special Exception to the Zon.ing Ordinance, Article III, Section 100-30(B)[14] for permission to establish winery use from grapes grown on the premises, located at 36225 Main Road, Cutchogue, NY; County Tax Map Parcel No~ 1000=86-02-10. 9:10 p.m. Variance to the Schedule, for approval width andtor depth in the East Side of Queen Parcel No. 1000-40-3-6 Appeal No. 3456 - RICHARD AND ANITA WILTON for a Zoning Ordinance, Article III~ Section 100-31, Bulk of proposed lots having insufficient area, this pending division of land, located at s Street, Greenport, NY; 'County Tax Map 9:20 p.m. Appeal No. 3466 ~ GREGORY SIMONELLI for a Variance to the Zooi-ng. Ordinance, Article III~ Section 100-31, Bulk Schedule, for approval-of proposed lots having insufficient area and width in this pending d~vision of land, located at the East ~d~So~th Sides of Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-107-02-04. 9:25 p.m. Appeal Noo 3475 -'JOSEPH H. SAWICKI, JR. for a Variance for approval of access pursuant to-New. York Town Law, Section 280-a, over a private.right=of~way located off the South Side of Old North Road, Southold, NYz premises presently of Schaefer and identified on the Suffolk County Tax Maps as Distri. ct 1000, Section 55, Block 2, Lot 4. 9:30 p.m. Appeal No 3453 - ~AMUE~L K.~C__~. and E~LIZ~A P~LI~MP~O~N K~O~PER ~ for a Variance to the Zoning Ordinan~e~~ Article III, Seotion 100-31, Bulk Schedule, for approval of proposed three lots having insufficient area and width located along the west side of Indian Neck Road, Peconic,~ Page 4 Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 NY; County Tax Map Parcel No. 1000-86-4-1.2, consisting of a total acreage of 5.00. The Board of Appeals will hear at said time and place all persons or representatiyes d~siring 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: March 4, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN lk INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit: March 6, 1986 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971~ on or before March ll, 1986. Copies to the following 3/4/86: Mr. and Mrs. John Holzapfel, 825 11971 Mr. Garrett A. Strang, Architect P.O. Box 1412, Southold, ~IY Mr. Paul Forestieri, York, NY 10022 Mr. and Mrs. Athanas New Suffolk, NY 11956 Mr. James Gray, Sr., Mills & Co., 125-127 William D. Moore, Esq. for Mr. and Mrs. Michael J. Perlmutter, M.D., 2035 Theresa Drive, Abigail A. Wickham, Esq. for Mrs. Rosalie Gowen, 11952 Mr. and Mrs. David M. Johnson Gary Flanner Olsen, Esq., for Richard F. Lark, Esq. for Mrs William W. Esseks, Mr. John Wickha.m, Mr. Merlon Wiggin, President, Peconic Assoc. for Bedell Winery P.O. Box 672, Greenport, NY 11944 Richard F. Lark, Esq. for RICHARD AND ANITA WILTON Gary Flanner Olsen, Esq. for GREGORY SIMONELLI Mr. Joseph H. Sawicki, North Road, Southold, NY 11971 Mr. John DeReeder as agent for MR. AND MRS. SAMUEL KOPPER Mr. and Mrs. Samuel K.C. Kopper, 310 Plymouth St, Pembroke, MA 02359 Town Clerk and Z.B.A. Bulletin Boards Supervisor, Town Board, Z.B.A., P.B., and Building Dept. Individual Z.B.A. files South Harbor Road, Southold, NY for Mr. and Mrs. Ralph Stocker, 11971 300 East 54th Street, New Zamphiwoff, P.O. Box 255, Pudge Corp., P.O. Box 1465, Southold, NY 11971 Main St. Corp., 125 Main Street, Greenport, NY 11944 (c/o R.F. Lark, Esq.), P.O. Box 973, Cutchogue, NY ll' Velimir ~lrankovic Mattituck, NY 11952 Box 142~, Mattituck , Koke Drive, Southold~ NY 11971 ~Ir. Edmund Pressler, Box 706, Cutchogue 11935 . Kathlee~ B. Varano, Box 973, Cutchogue 11935 Esq. for Mrs. Odell iand Katzenberg, Box 279, Riverhead for the Estate of J.!Zielonka, Main Road, Cutchogue 11935 TOWN OF SOUTHOLD BUILDENG DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ... [~.~.~.~./~. ....... 19 ~..h.~. for permit to ~ -~-..[: 7 ....................................................... at Location of Property ... ~ .9.0..,~.e~..~... ' ~ ~ ~ ' · .~V.~. vel.. ~...ct,:~.. ..... h .~...~-~:~....~. .......... House No. Street Hamlet County Tax Map No. I000 Section .... .O..~ ~ ..... Block ..... ~.~ ...... Lot .... .O. ]. ,. ~. .... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the fol!owLng grounds, .{~.. '.~...~-~.. ~t~. ]~b.-..~.~ ...=~..:~. :. i..: .... .~..~...~..~.. ?~..~_.~..~.~ .x_... .~ . .... ~ ......... ~ ......... ~e-..~.-.--. t~ -. .2~.. . :~-. . . ¢.,:,~ ~ ..................................................... Building Inspector RV ~/8o JAN 15 1985 TOWN OF SOUTHOLD, NEW YORK " ' APPEAL FROM DECISION OF BUILDING NSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Samuel K.C, Kopper & APPEAL NO. ~ ~/~ )ATE t, (We) .EI.i.za..R].J.mp.;cQn..KQP. P.~F. .................... of .3.1..0....P..1..~.rg.o..u..t..h....S...t,.r.e...e,.t. .................................... Nome of Appellant Street and Number ......... ,P..e.,m..b.r..o..k..e. .................................................................... '~.a..s.s..a..9.h..u.?,.e..t...t.s.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO Samuel K.C. Kooper & Eliza Plimpton Kopper Name of Applicant for permit of 310 Plymouth Street Pembroke, (XX) ( Massachusetts Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 1 LOCATION OF THE PROPERTY 790 Indian Neck Lane Peconic A Street az~ Hamlet Zone ..!,0.0.0 ...Z.....O.~.6 ....... ':.....0..b...,..- ........... .0..1.:,~. ............... OT~ER (S): Samue~ .& ,ELLen .Koppcr. ....... MaD NO, Lot No. 5-31-85 DATE PURCHASED: ..................... 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section Sub- section ann Paragraph of the Zo~ina Ordinance by: numb, er. Do not quote the grdkn,onceJ 106-20 subdivisions oy authority oTtne r~ann~ng Board 1 Section nn .... I.: ...... ~¢* t~.¢- lnf requires varience... Article 3 ' l,,,, 31 bulk & ! ...... 3 TYPE OF APPEAL Appeal is mode herewith for (XXJ 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. 16 Sec 280A Subsection 3 4 of the Building InsPecTor or with respect To this property. Such appeal was ( ~ request for o special aermit ~ ) request for o variance aha was mane [n Appeal No ................................. Dated ..................................................... PREVIOUS APPEAL A previous appeal (:k~m~) (has not) been mode with respect to this decision ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Vcriance to the Zoning Ordinance is requested for the reason that ~e ~ould like to subdivide the five acre lot into three building lots. Each resultlng lot would be 72,600 sauare feet (1.6666AC). Each lot would be merely 17 percent smaller than the lot sfze ~al!ed for by the relatively new code of 1983. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the applicants would be forced to create two lots each of which would be as much as six times larger than the residential lots which currentJy exist as adjoining neighbors. Whereas, ~f their variance request is granted, the applicants will be able to create three lots, each of which will nevertheless be as much as four times larger than adjoining residentlal lots. The applicants firmly agree w~th the intent and spirit of the two acre zoning rule; they have been a part of the North Fork community for thirty -six years (in the case of the wife) and fourteen years (in the case of the husband). The[~ feeling is that their three lot plan at least maintains, if not actually improves on the the land and resources use ~elatlve to both the [mmed[ate:~e[:ghborhood and most of the rest of the North Fork, in the spirit of the 1983 zoning changes. The applicants feel that ~tEtct~:ir application of the ordinance would, by necessitating two two and a half acre lots, go far beyond what is necessary to sattsfy~the spirit and intent of the ruies~ and by so doing would unnecessarily create hardship ~or-the applicants. If the variance is granted the spirit of the zoning rules will be satisfied and the applicants will not suffer difficulties. 2. The hardship created is UNIQUE and is not shared by ali properties alike ~n the immediate vicinity of this property and in this use district because, of the five currently existing residential neighbors, four lots are somewhat smaller~ one is significantly smaller, and no~ one would be larger:than each of the three lots!fo~ which the applicants are asking this variance. The resldential adjoining neighbors' lots are sized as fo!]~ows: Tax Map # 86-4-3 is 1 acre, tax map #86-4-4 [s .4 acre~ tax map #85-4-5 is 1.~ acre~ tax map # 85z3-11.2 is 1 acre, and #8614-2~ is .98 acre~ Each of the three lots proposed by your petitioner would be 1.666 acres, if the variance is granted. 3 The Variance would observe the spirit of the Ordinence and WOULD NOT CHANGE THE CktARACTER OF THE DISTRICT because, if the proposed minor subdivision variance were not to be granted, then the applicant would subdivide the lot into two lots which will become residential and they would border on both residential and agricultural neighboring lots. Whereas~ if the variance is granted, then the applicants wil! subdivide their lot into three tots which wili be used residentially and those lots would likewise border on residential and agricultural neighbors. Therefe~e~-the~e~surely will be no difference or greater impact on the character of the district vla the three lot subdlvlsion versus the two lot subdlvls~on. The additional one lot is inconsequential to the concerns of the ordinance. Currently, the neighborhood in residential and agricultural. ~t the applicants~ request is granted, the neighborhood will continue to be agricultural and residential. STATE OF NEW YORK ss ©p COUNTY ~'~~ N~ary Publl/Z NOTARY PU~I.}C, OF SOUTHOLD OWNER STREET FORMER OWNER VILLAGE SUB, LOT RES. LAND Tillable Woodland Meodowlond House Plot' Total SEAS. IMP. N/~, TOTAL S FARM DATE TYPEOF BUlL~NG ' COMM. CB. MICS, Mkt. Value REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD