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Home My WebLink About3473 S°' h-Wd Town Board of Appeals MAIN ROAD- BTATE: ROAD 25 SOUTHOLD, I...I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3473 Application Dated February 24, ]986 (Public Hearing April 3, ]986) TO: Mr. and Mrs. Joseph A. Cassidy, Jr. [Appellant(s)] 39-17 222nd Street Bayside, NY 11361 At a Meeting of the Zoning Board of Appeals held on May 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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-3l [ ] Request for Application of JOSEPH A. CASSIDY, JR. for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of 58,484 sq. ft. parcel with 135' frontage (lot width). Property identi- fication: County Tax Map Parcel Nos. 1000-79-05-23.1 and 22.1, located along the west side of Reydon Drive, Southold, NY. WHEREAS, a public hearing was held and concluded on April 3, 1986, in the Matter of the Application of JOSEPH A. CASSIDY, JR. under Appeal No. 3473; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted for the record that no public opposition has been received; and WHEREAS, the board members.have personally viewed and are with the premises in question, as well as the surrounding area Residential and Agricultural Zoning District; and familiar in this WHEREAS, the board made the following findings of fact: 1. The property in question has a frontage (lot width) of 135 feet along the west side of Reydon Drive, Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 79, Block 05, Lot 2~.1. 2. The premises to which this parcel is contiguous to and is requested to be set-off from is situate to the north, also with a frontage (lot width) of 135 feet along the west side of Reydon Drive, with an area of 55,831 sq. ft. (1.27 acres), and is identified on the Suffolk County Tax Maps as District 1000, Section 79, Block 05, Lot 22.1. 3. The subject parcel is vacant and contains an area of 58,484 sq. ft.; the northerly parcel is improved with a single-family dwelling built pursuant to Building Permit #11485Z issued 12/7/81. For the record, the subject parcel was conveyed from Akscin to (CONTINUED ON PAGE TWO) DATED: May 8,"1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWq~ OF APPEALS ZONING BOARD Page 2 - Appeal No. 3473 Matter of JOSEPH A. CASSIDY, Decision Rendered May 1, 1986 JR. Cassidy 12/29/83, and the Cassidys obtained Suffolk County Health Department approval of construction under Permit #11-SO-124 on ~1.1/!6/81. .Thenortherly p~rc~l was conveyed from Akscin to Rich 9/8/81. ~ 4. It is the opinion of the board that a majority of the lots in the immediate area are of a size 40,000 sq. ft. or more, similar to the parcel in question; and that denial of the variance would impose significant economic injury since there is no other method feasible for appellant to pursue other than a variance. In considering this appeal, the board finds and determines: (a) that thelrelief requested is the minimum necessary; (b) that the character of this residential neighborhood would not be adversely affected by the granting of this variance; (c) that the property owner will suffer significant economic injury since there is no other method for appellant to pursue other than a variance; (d) that the public health, welfare, safety, comfort, convenience and order of the town will be served by allowing the variance under the circumstances; (e) the circumstances are unique; (f) by the granting of this variance, the spirit of the zoning ordinance and the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly~ on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that the variance for approval of insufficient area of 58,484 sq. ft. and 135' lot width of this parcel as applied under Appeal No. 3473, JOSEPH A. CASSIDY, JR., BE AND HEREBY IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Bulk Schedule "A-40" setback regulations shall apply to this parcel; 2. No reduction of front or side yards shall be permitted for new dwelling to less than that provided by "A-40." 3. Proposed future accessory buildings must be located in the rearyard area as provided by Section 100-32. 4. No further lot area reductions shall be permitted for this parcel. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk GERARD P. GOF~RINGER~/~CHAIRMAN May 8, 1986 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, APRIL 3, 1986, and as follows; 7:35 p.m. Appeal No. 3396 GARY DOROSKI for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate proposed pool with decks and fence enclo- sure within 75 feet of wetlands and highwater mark, at 425 Monsell Lane, Cutchogue, NY; Norwald Subdivision Filed Map No. 1275, Lots 31-35 inclusive; County Tax Map Parcel No. 1000- 97-08-27. 7:40 p.m. Appeal No~~ 3482 JERRY SHULMAN for a Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to change use of a portion of existing building to building-material storage, in conjunction with existing agricultural storage and agricultural office, at premises referred to as 11950 Sound Avenue, Mattituck, NY~ County Tax Map Parcel No. 1000-141-03-41. ~ 7:45 p.m. Appeal No. A. JR. for a 3473 JOSEPH Variance to the Zoning Ordinance, Article Bulk Schedule, for approval of 58,484 sq. 135' frontage along Reydon Drive, set off presently of J. Rich of 55,831 sq. ft. in frontage (lot w dth). Property identification: Map Parcel Nos. 1000-79-05-23.1 and 22.1; located west side of Reydon Drive, Southold, NY. CASSIDY, III, Section 100-31, ft. parcel with from premises to the north area and 135' County Tax along the .... 7:50 p.m. Appeal No. 3451 BEDELL WINERY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30- (B)[14] to establish winery use from grapes grown on the premises, 36225 Main Road, Cutchogue; 1000-85-02-10. (Recessed from 3/13/86). 8:00 p.m. Appeal No. 3476 ROBERT AND CHARLOTTE WISSMAN for a Variance to the Zoning Ordinance, Article XII, Section 100-121 to seek relief from conditions placed by prior Appeal Page 2 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3, 1986 No. 2006 in the Name of Claire Brody and Others dated February 27, 1975, which conditionally granted use of lot for mooring dock and storage building (Article III, Section 100-30(B)[9]) and insuffi- cient lot area and width (Bulk Schedule), to allow the construction of a single-family residence. Location of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map No. 1000-35-04-007.6 (referred to as Lot "C~'). 8:10 p,m. Appeal No. 3481 - PORT OF EGYPT ENTERPRISES, INC. for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to install/relocate marine fuel storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold~ NY; County Tax Map No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. 8:15 p.m. Appeal No. to the Zoning Ordinance, permission to establish owner-occupied building, 3472 - MICHAEL HERBERT for a Variance Article III, Section lO0-30(A) for "Bed and Breakfast"-type use~ or "an other than a hotel, where lodging and breakfast is provided for not more than nine persons." Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Zoning District: A-Residential and Agricultural. 8:20 p.m. Appeal No. 3418 GRETCHEN HEIGL for a Variance to: i~ (a) the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient lot area and width in this proposed division of property, and (b) New York Town Law, Section 280-a for approval of access to proposed Lot #1 over a private right-of-way located along the easterly side of the subject premises° Location ~f Proper~y and Right-of-Way in Question: North Side of Sound View Avenue, Southold, NY; County Tax Map Parcels No. 1000-68-1-14 and 15.1. 8:25 p.m. Appeal No. 3477 WILLIAM AND KATHERINE HEINS for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient area, width and depth of two parcels in this proposed division located along the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. Page 3 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3, 1986 8:35 p.m. Appeal No. 3488 WILLIAM KREITSEK for a Variance to the Zoning Ordinance, Article III, Section 100-32 (and/or Section lO0-30A) for permission to locate private, fenced-in tennis court together with 12' by 12' gazebo on stilts on vacant premises adjacent to residence of the applicant and referred to as 9030 Soundview Avenue, Southold, NY~ George Penny IV Filed Subdivision dated April 11, 1976; County Tax Map Parcel No. 1000-59-07-27.2 and 27.1. 8:40 p.m. Appeal No. 3471 - NICHOLAS TSIRKAS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A)[1] for permission to construct single-family dwelling with an insufficient setback from edge!of bank~:along the Long Island Sound. Location of Property: North Side of Sound Avenue, Greenport, NY; Eastern Shores Subdivision Map 4586, Lot 113, County Tax Map Parcel No. !000-33-01-11. 8:50 p.m. Appeal No. 3469 - WARREN AND MARY BRADY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory barn in the frontyard area, at premises referred to as 3500 Private Road #13, off the north side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-105-01-5. The Board of Appeais will hear at said time and place all persons or representatives 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. Dated: March 13, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN lk INSTRUCTIONS FOR NEWSPAPERS: Please publish Thursday, March 27, 1986 and forward two affidavits of publication on or before April 1st to: Board of Appeals, Main Road, Southold, NY 11971. FORM NO. 3 ~1-'~, TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .. ~ .~.-¢~.. !. 7 ........ , I9 fl. '.~.~. for permit to .... at Location of Property:.. ~ ?. ~.. ......... Haml'~' County Tax Map No. 1000 Section ...~ .-2 ~ ...... Block .... .~D.~T'. .... Lot . .~.~.,..] ..... Subdivision ................. Filed Map No ......... , ....... Lot No .................. is returned herewith and disapproved on the following grounds..~'..c~....~7. ~ ~ .... ./~ e.~..: ~e......~....-~ ~...~+,...~..(~.. ~ ......... ~~. ~~,.. ~ ~ ~.. ~ ~.~. ~.~ .~.~.~,. ....... ~ ~..~,.:..U ~ ~ ~...~~..~.. ~.~ ..... RV 1/80 FOR~.~ NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Approve ...... / ........ 19~I'?. Permit No. / L)/sappro;'ed a/c ~ · " / (Building Inspector) APPLICATION FOR BUILDING PERMIT ^ppncation '.-P ......... Date .. J-.9..~'q¥: ....... -,, 198.: INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Buildi bls;rector, with 3 sots of plans, accurate plot plan lo sca!o, }Zee accordiug to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining p~mises or public slre~ or areas and giving a detailed description of layout of property must be drawn on tht~ dia~¢am whiciz is part of this apl z. The work covered by this application may not be commenced before issuance of Building Pemfit. d. Upon apprc':al of tiffs application, the Budding inspector will issue a But!ding Pe~it to tim applicant. Such peru shall be kept on the premises available for inspection throughout the work. e. No btfildiug shall be occupied or used in whoie or in pan for any purpose whatever unt~ a CcrtiEcate ~f Occupan shalI have been granted by the Buiiding Inspecwr. APPLICATION 1S HEREBY MADE to the Building Deparrmen! for tim issuance of ~ Building Pe~i/ pursuant to t Bt/ildmg Zone Ordhmnce of the Town ~f Southo!d, Suffolk County. New York~ and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe Phc applicant agrees to comply with ail applicable laws, ordinances, building coda, housing code, and regulations, ~d .ah;fit authorized inspectors on premises and in buikiings for necessa~ iuspections. ................... / (Sig~mture of appiicm~if a corporation3 (.MailMg address of appEcant) .~tale whether applicant is owner lessee, agent, architect, engineer, general~ont ' '~'._c.or,* electrician, plumber or build N,uaeofownerofprcmises .,.James..H,.Ra.c.h,IIZ..&.Tez.e.aa.L.,..~.-icb .............................. (as on the tax roll or latest deed) . anplicant is a corporaIion, signature ofduly authorized of:,c~r. (.Na ne and title of corporate officer) Builder's License No ...... Sel£ ................ .. Plumber's Licens: No ..... Self ................ Electrician's License No .......... { .Npfb..d.o.}?_.r?.ined ai this time Other Trade's License. No ...................... I. Location of land on which proposed work will be done ................................................ //' .Ts3.T .... ................................ .............. House Number Street Hamlet County Tax Map No, I000 Section ... 9.7.9. ........... Block ...... 05 .......... Lot .~. ~..2x--. .... Subdivision ...................................... . let Map No ............... Lot .............. (Name) State existing use and occupanc7 of premises and intended usc ~nd vccupancy of proposed construction: a. Existing use and occupancy ...... 5r. ac a,,~, ..................................................... b. Intended use and occupancy ...... ~,r. 5,¥gge,. ~e ~ $.d.e,n.c. ~ ........................................ Removal D ...... Other V¢ork Repa/r ................... . ........ t,. ~lldon ............................ (Description) " 'cost con (lo be paid on filing this application) If dwelling, number of dwelling units .... .1. .......... Number of dwelling units on each floor ................ number of cars ' If garage, . ......................................................... if business, commercial or mixed occupancy, specify hature and extent of each type of use ..................... Dimensions of existing structures, if any: Front ............. Rear ............ Depth ............ lieight ~. Number of Stories ................. ' .......... Dimensions of same structure with alterations or additions: Front ................. Rear .................. ' Height Number of Stories Depth .............................................................. . Dimensions of entire new constrnction: Front .30!. 3,'. ....... Rear . ,30! B.':... Depth ,52t H-"- 24 N fSt 2 ~oht ......... .... umber o ones ....................................................... ) Sizeoflot: Front 135~ ' , Rear !35! Depth 4.11 ). Date df Purchase .. SelP.h. · 19B.L ............... Name of Former Owner . .G.. Mi.ghae 1, ~s c'/-n ........ i. Zone or use district in which premises arc situated., ges±d~.%±*l .................... : .................. .-.'Does proposed construction violate any zoning law, ordinance or regulation: ......................... ..,.... L Will lot be regraded ...S.~5;g.h.g.l.y. ................ Will excess fill be removed from premises: Yes { No L Nmne of Owner of premises .. J~tmes · g... ~ieh. x.~ddress .Cedar, .Beach. 5~d.. Phone No..7.65x-313.! ..... Name of Architect ......................... -.. Address ................... Phone No ................ Nmne of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly rand distinctly ail buildings, whether existing or proposed, and, indicate ail set-back dimensions from mr~erty lines. Give street and block number or description according to deed, and show street na~nes and indicate ~h:tner rerior or corner lot, being duly sworn, deposes and says that he is the applicant is the ...... · ........... ~ ~ ................................................................... (Contractor, agent, corporate officer, etc.) said owner or owners, and is d.t}ly authorized to perform or have performed thc said work and to make and file this ptication; flint all statements contMned in tiffs application are true re the best of bis knowledge and belief; and that thc 3ri: will be performed in the rammer set forth h~ tim application filed therewith. .~cm to before me this ......... /. ..... ¢. ...... Itc. 52 8125850 ~ ~k C~m~ '~ C ~ ' .......... ~' CEIV[fD TOWN OF SOUTHOLD, NEW YORK ~'~ ~'~EAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. --~ ~'/''~ 3 DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) d.~...~....E..~..~....Z~..'....~..~...'~"/~,~-,' ~...~.' of ~ -/2 ~ ~ ~T' Name of ''''r' ............................ .......................... Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPEC'rOR ON APPLICATION FOR PERMIT NO ..................................... DATED ( ) ( ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit ................................................................ z':':'"": ............................. ~" ..................... Street and Number Munlc~pahty State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY . ~'.~.~.~4?~.~`~'g~f~A~'.~.~.~'~'~'~'.~j.~g~ A)~L Street Use District on Zonin9 Map ......... ................ Current Owner , , Map 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.) 3. TYPE OF APPEAL Appeal is made herewith for (~,) 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. PREVIOUS APPEAL A previous appeal ~ (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 (:~) A Variance to the Zoning Ordinance Is~r)equested~for the .reason that/),~,j~ ~//~/~'~"~7/'~ ~~4~~/'~ ~ ~~'7~'~~ ~ Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaJ difficulties or unneces- soryHARDSHIPbecause :' ' ~ :*' vicinity of this property and in this use district because The hardsh ~ created is UNIQUE and is not shared by ali properties alike in the immediate 3 CHARACTEI~ OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ,_ £ ) ss COUNTY OE Sworn to this ~l"~& day of Notary Public