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Home My WebLink About34282220 Depot Lane Bertha KurCzewski insufficient area. 102 3~ 11/8/85 %3428 set-off with Southold Town Board of Appeals I~AIN ROAD- STATE: I~OAD ~5 SOUTHOLD, I-.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3428 Application 'Dated November 8, 1985 TO: Abigail A. Wickham, Esq. as Attorney for BERTHA KURCZEWSKI Main Road, Box 1424 Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals ~td.o~ ~.~$u~y~3~, ~9B6 the above appeal was considered, and the actrOn ind~icated 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 ;%rticle III , Section 100-31, Bulk Schedule [ ] Request for Application of BERTHA KURCZEWSKI for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking schedule, for approval of insuf- ficient 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; County Tax Map Parcels No. 1000-102-02-003 and 025. WHEREAS, a public hearing was held and concluded on July 17, 1986 in the Matter of the Application of BERTHA KURCZEWSKI under Appeal No. 3428; 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 documenta- tion submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a Variance from the Provisions of Article III, Section 100-31, Bulk Schedule, of the Zoning Code for approval of two parcels, as follow: (a) Parcel #1 of 43,560 sq. ft. in area and frontage [lot width] of 97.13 feet, and (b) Parcel #2 of 22,132 sq. ft. in area and frontage of 49.50 feet, as described by deeds at Liber 6419 cp 16 dated September 10, 1968 and at Liber 1801 cp 409 dated February 12, 1985. 2. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 102, Block 2, Lots 3 and 25, and contains a total lot area of 1.508 acres and 146.63 ft. frontage along the east side of Depot Lane in the Hamlet of Cutchogue. Existing upon the subject premises is a single-family dwelling set back 39½± ft. from its front property line and having sideyards of 9~± ft. at the north side and 16± ft. at the south side. Also existing is an accessory garage located in the rearyard area. 3. Submitted for the record is a copy of correspondence from the Suffolk County Department of Health Services indicating that this project appears (CONTINUED ON PAGE TWO) DATED: August 18, 1986. Form ZB4 (rev. 12/81) CHAIRFu%N, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3428 Matter of BERTHA KURCZEWSKI Decision Rendered July 31, 1986 to be exempt from the requirements of Article VI of the Sanitary Code concern- ing developments and subdivisions. In considering this appeal, the board finds and determines: (a) that although the lots as proposed are not of a size and character of a majority of the lots in this area, the lots have not been altered as previously existed; (b) the circumstances are unique; (c) the practical difficulties are suffi- cient to warrant the granting of this variance; (d) there is no other method feasible for appellant to pursue other than a variance; (e) there will be no effect on available governmental facilities; (f) in view of the manner in which the difficulties arose and in considering 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. Sawicki, seconded by Mr. Doyen, it was RESOLVED, to grant the relief requested under Appeal No. 3428 in the Matter of the Application of BERTHA KURCZEWSKI for insufficient lot area and lot width as more particularly shown on survey prepared August 1, 1985 by Roderick VanTuyl, P.C. SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no setback reductions to less than that provided by Column "A" of the Bulk Schedule of the Zoning Code for Parcel #2; and 2. There be no setback reductions to less than that provided by Column "A-40" of the Bulk Schedule of the Zoning Code for Parcel #1; and 3. There be no lot-line adjustments or other redivision of these parcels. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki. (Members Gr±gonis and Douglass were absent.) This resolution was duly adopted. LK RECEIVED AND FILED BY THE SOUTHOLD TOWN DATE f~, ~/f'¢ HOUR ~ff.' Town Clerk, Town of Southold 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, JULY 17, 1986 and as follows: 7:35 p.m. Appeal No. 3529 - PAUL KELSCH. Va.riance to the Zoning-Ordinance~ Article ItI~ Section 100-31 for permis- sion to construct deck addition to existing dwel~ling with an insufficient rearyard setback, at 405 Wendy Drive, Laurel, NY, County Tax Map Parcel No. 1000-t27-08-19. 7:40 p.m. Appeal No. 3526 BRUCE ~ND SHIRLEY SIEVERMAN~ Variance to the Zoning Ordinance, Article I}I, Sect%on 100-31 for permission to construct deck addition to existing dwelling and attaching an existing sw~mmingpool, leaving an insufficient setback from the southerly ~s-i.de) property line on this corner lot~ Location of Property: 50 Aquaview Avenue andkRocky Point ~Road, East M~rion, NY; County Tax Map Parcel No. 1000~21-3-t. /:45 p.m. Appeal No. 3528 RICHARD AND ALICE McMANUS. Variance to the Zoning Ordinance: Article III,-Section 100-31 and Section 100-1312)[B] for approval of the constructi.on of an open porch in excess of 30 ~$q. ft~ ~n area, hav~ng an insufficient setback from the front property l%ne at 710 Cedar Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-6-5.1. 7:50 p.m. Appeal No. 3531 ALBERT J. BRENEISEN. Variance to the Zoning Ordinance~-Article ~], Section 1~0-119.2(B) for permission to construct pool, deck and fence enclosure w~thin 75 feet of mean high water along Dawn Lagoon, 715 Dawn Dr~ve~ East Marion, NY~ County Tax Map Parcel No. ]000-35-5-16; C]eaves Point Section III, Lot #71. 7:55 p.m. Appeal No. 3521 ~ ANDREW AND WILLIAM GOODALE. Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to reduce living area in. preexisting, 'noncon- forming dwelling unit in this "B-1'~ General Business Zoning District, to less than 850 sq~ ft. Location of Property: Page 2- Notice of Hearings Southold Town Board of Appeals July 17, 1986 Regular Meeting I655 '.~l~afm.' Ro.la..d~.~:e~.~-NY; County Tax Map Parcel No. 1000- 122-6-30.1 (or 30-). 8:00 p.m. Appeal the Zoning Ordinance, Parking Schedule, for proposed Parcel No. 2 on the no~th side of a No. 3523 STEVE KALAIJIAN. Variance to Article III, Section lO0-31, Bulk and approval of insufficient lot area of in this two-lot division/s~t-off located private right-of-way extending off the north side of Bergen Avenues Mattituck, NY; County Tax Map Parcel No. 1000-1.-t2%01-18. 8:]0 p.m. Appeal No. 3517 - ROSALIE GOWEN. Variance to reconsider the re]-ief requested-under Appeal No. 3450 for Variances to the ·Zoning Ord~nance~ Article III, Section 100-31, Bulk Schedule, for approval of: (1) insufficient lot area, (2) insufficient lot width~ (3) insufficient lot depth, of two ~arcels as proposed ~n this pendtng set-off./redivision of qand located at-{he corners of Zena Road, Cpt.---Kidd Drive and Central Drive, Mattituck, NY; Cpt. Kidd's Es%ares Filed Map #1672, Lots 134, 153, 154;- County Tax Map Parcel No. 1000-106-02-32 and 43. 8:15 p.m. Appeal No. 3522 - NORTH FORK BANCORP.. Variance to the Zoning Ordinance, Article VII, Section 100-70(C)[2] for permission to install: (1) large 6n~p~6mises'identifica~ion 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. 1000-122Z6-020. Zooning District: "B-Light Business. 8:20 p.m. Appeal No. 3527 ~ ROBERT AND CHARLOTTE WISSMAN. Variances ~o~the.~Zon~g]O~dinance: (a) Article III, Section 100-31, Bulk Schedul6~T for 1Qcatton of new single-family dwelling with reduced sideyar~s, ~rontyar~, setbacks; .and (b} Arti~le. XI;:SectiSn~l:OO~ll9.2(B) for location of new dwelq~ng wit~-reduced setback from highwater mark atlFordham Canal. Location of Property: 715 Gull Pond Lane, Greenport,. NY; County Tax Map-No. 1000-35-04-007.6 (referred to as Lot "C" in prior subdivision wecords). //~) 8:30 p.m. Appeal No. 3428 ~ BERTHA·KuRCZEWSKI. Variance to the Zoning Ordinance, Article III~e~~l, Bulk and Parking Schedule, for approval of insufficient ar~a and frontage ~ (lot width) of two parcels in this pending set-off division of d, located at the east side of Depot Lane, Cutchogue, 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 100-119.2(B) for permission to construct condominium complexes within 75 feet of bulkhead and tidal water~ at the west s~de of Sixth Street, Greenport, NY; County Tax Map Parcel No. 1000~49-01-25ol. Zoning District: "M-Light M~ltiple.~ (Recessed from June 19,.1986 9:00 p.m. Appeal No. 3510 - RICHARD AND RUTH ZEIDLER. Variance to locate pool, deck and fencing within 75 feet of bulkhead and'tidal water, at 100 McDonal.d~s Crossing., Laurel. (Recessed from June 19, 1986)- 9:15 p.m. Appeal No. 3489 = PAUL LEARY for Reveral of Building Inspector's Decision concer~n~iproperty 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 persons o~ representatives d~iring to be heard above hearings. Written be to the conclusion of the For please call 765-1809. ..~ Dated: July 2, ~986. comments may .also subject hearing. and place all in each of the submitted prior more information, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS · GERARD 'P. G~EH~RINGER~ CHAIRMAN ATTENTION'NEWSPAPERS: Please pu.b]ish. TH. URSDAY,___JULY 10, 198~6 and forward two Dffidavits or.publication on or _before 7/J5 to: Board of App~ls~ ~ain Road= Southold, NY 11971. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To ' ~ '~'~'~ ~ .s.~..~....~.. ~...~..~.. ~. ~ ~..~ ~.~.~.~ ........................ .~.~A..¢..S,. ~.~.~ .... PLEASE TAKE NOTICE that your application dated ~~ ~ 19 P[~ County Tax Map No. 1000 Section .... ~0.~ ..... Block ..... O..~ .... Lot .... ~ ........ Subdivision ................. Filed Map No ................. Lot No .................. ~'..~...~'~"....~.~..~ ~. :...~..,...-' .%~ .~. ~.,. ,..~.~.~.~ ~Jp.~..~ ................................ ,..,.,.,... Building Inspector RV 1/80 H0V 0 'rowN sou'r.o,., .£w DECiSiON OP BUiLDiNG NSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DAy= Novemb er--6~' 198 ~ . B~i~THA..KIIftC Z ~iWSKI ........................ of ..... D.ep.o.t..La~e~ .............. ,..., ......................... Name of Appella,nt Street and Number Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 9/24/85 FOR: PermisSion to set-off portion of premises WHEREBY THE BUILDING INSPECTOR DENIED TO Bertha Kurczewski c.~ .q:..~4.S..q.k. ~ .a..m_,... ~ $..q .k..h...a.~...~,..~ ~..e..s..s..! .e..~ ,....~ ? C. Name of Applicant for permit of Main Road, P.O. Box 1424, Mattitu.ck, NY ,11.952 Street and Number Municipality State PERMIT TO USE PERMIT FOP. OCCUPANCY (X) PERMIT TO ~ Set-off portion of property 1. LOCATION OF THE PROPERTY ~"~.~q.~.~.~.d~..e.~.9.~.p.e.~..q.`%~.L...~.~.~g..q.~."q`h..°.~g~.~.~.`.~. .......... Street and Hamlet Zone 1000'102-02-003 1000-102-02-025 OWNER(S): BERTHA KURCZEWSKI Tax lv~op NcC. Lot No. DATE PURCHASED: 9./.~, A .............. 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 Ordinance.) ArticleIII , Section 100-31 Bulk & Parking Schedule TYPE OF APPEAL Appeal is made herewith for A VA ~.IANCE ro the Zoning Ord,nance or Zoning Map A VARIANCE due to lack of access State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A Drevious appeal (~ (has nob been maae with respect to this dec s~on of the Building InsaecTor or with respect to this aroDerty. Such ~ppeol was t request for a special oermit ~ ) request for a variance cna was maae n Appeal No ................................. Dated .................................................................. REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 (~ . A Variance [o the Zoning Ordinance ( ) is reauested for the reason that T~:~ would l±ke e_o set-o££ a portio~ o£ resulting in a lot with insufficient area and frontage. the properny, FmTn ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficukieS0r unneces- sary HARDSHIP becou~ the parcels have been in the same division since they were purchased by the Kurczewski family in the 1930s. The house on the original parcel, parcel number 2 on the attached map, is centered~ To enlarge this lot would creche an unusually large and unnecessary sideyard. 2 The norasmpcreatedis UNIQUE ond is notshared by all properties alike ]n the ~mmediate v*cimt', ofthisproperty and in this use district because on the South of these properties is another 50 foot residential plot and on the North is a dental office. With the exception of the Knights of Columbus Hall no the South, there are no other buildings in the immediate location. 3 The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE C~tARACTER OF THE DISTRICT because all the lots would remain withoun change. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) Sworn to this ........ ~6..~{i / STREET FORMER OWNER N ~RCO~D CARD ~E:~ _ _SUB._ .... &oL_ ACR. [ TYPE OF BUILDING LAND FARM IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Tilbble Woodt~d Meadowbnd House Plot Total Acre Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK COLOR Extension Extension Porch Porch Breezeway Garage Patio Total Foundation i Basement ; ~xt. Wails j Fire Place IType Roof Recreation Room ]Dormer TR~M Heat Rooms 1st Floor i L Rooms 2nd Floor I Driveway