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HomeMy WebLinkAbout3422· T wn Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3422 Application Dated October 25, TO: Mr. Robert A. Celic P.O. Box ]247 Mattituck, NY 11952 1 985 (Public Hearing 12/12/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January 2l, 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 XI , Section ]00-]12(D) [ ] Request for Application of ROBERT A. CELIC, Box 1247, Mattituck, NY for a Variance to the Zoning Ordinance, Article XI, Section lO0-112(D) for permission to establish access to and from Marlene Lane for off-street parking which will be located less than 50 feet from property abutting the Main Road, the nearest street intersection. Premises located on the east side of Marlene Lane, Mattituck, NY; County Tax Map District 1000, Section 143, Block 3, Lot 1. WHEREAS, a public hearing was held and concluded on December 12, 1985 in the Matter of the Application of ROBERT A. CELIC under Appeal No. 3422, and WHEREAS entered into that no publ the board has considered all testimony and documentation the record concerning this application, and it is noted ic opposition has been received~ and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is situated along the east side of Marlene Lane (a/k/a 10200 Main Road), Mattituck, and is more.parti- cularly identified on the Suffolk County Tax Maps as District 1000, Section 143, Block 03, Lot 001; 2. The premises in question contains an area of 31,451 sq. as certified by Roderick VanTuyl, P.C., Licensed Land Surveyors, site plan revised October 10, 1985, and is located in the "B-I" General Business Zoning District. ft. 3. It is noted for the record that a Waiver under the Provisions of Local Law #14-1985 (Article XVI, Section 100-160) was granted by the Southold Town Board at a Regular Meeting held October 22, 1985 deeming such use as proposed to be consistent with the uses in the pending Master Plan Update Zoning Code revisions. 4. The subject premises is improved with a one-story building (CONTINUED ON PAGE TWO) DATED: Form ZB4 January 22, 1986. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3422 Matter of ROBERT A. CELIC Decision Rendered January 21, 1986 presently used for a real estate office and beauty parlor with a setback from the westerly front property line at 7.5± feet at its nearest point, and set back from the northerly front property line at 80 feet at its nearest point. 5. Abutting the subject parcel on the south are premises located in the "A" Residential and Agricultural Zoning District, and on the east, premises also located in the "B-l" General Busi- ness Zoning District. 6. By this application, appellant requests permission to establish access to the proposed parking area which commences at a point at the northeast corner extending in an easterly direction (as shown by site plan of October 10, 1985). 7. Article XI, Section lO0-112(D) or exit for any off-street parking area feet of any street intersection. requires that no entrance be located within fifty 8. Although the state owns the property between this parcel and the State Highway, which is shown to be approximately 70 feet north of the ingress/egress point, the access to the proposed parking area will be extending at a point extending southerly from the highway's blacktopped shoulder approximately 55 feet to the northeast corner of these premises. 9. It is the opinion of the board that the point of access under consideration to the parking area is the same area presently used for parking and would not be a direct change. In fact it is the intention of the applicant to eliminate "backing out" onto Marlene Lane by creating this entrance/exit access point. 10. It is also noted for the record that a conditional setback variance under the requirements of Article VII, Section 100-71 was granted on February 14, 1985 under Appeal No. 3311. In considering this application, the board has determined: (a) the relief requested is not substntial; (b) there will be no substantial change in the character of this district; (c) the relief as granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique; (e) the interests of justice will be served by allowing the relief as requested; (f) the relief requested is within the spirit and intent of the zoning regula- tions. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance as applied under Appeal No. 3422 in the Matter of ROBERT A. CELIC for permission to establish entrance/exit access to parking area(s) as shown on site plan revised October 10, 1985. Vote of the Board: (Members Goehringer and was duly adopted. Ayes: Messrs. Douglass, Grigonis, Doyen. Sawicki were absent.) This resolution lk CHA~RNAN PRO TEN January 22, 1986 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, DECEMBER 12; 1'985, and as follows: 7:35 p.m. Application of EDWARD AND NORMA BURTON, 12960 Main Road, East-Marion,--NY for a Varia-nce to the zoning Ordinance, Article III, Section- 100,32, for permission to locate accessory stora-ge shed in an ar-ea other than the required rearyard at premises known as 12960 Main Road, East Marion, NY; · County Tax Map District 1000~-Section 3], Block 14, Lot'lO. 7:40 p.m. Application for EMILIA T. PIKE, Main Road, Mattituck, NY for a Vari.ance-¢o the Zon-ing O~dinance,-Article III, Section 100~31, Bulk and Parking Schedule, for approval of insufficient area of proposed ~arcels 1 and-2 and insufficient frontage (lot width) of Parcel 1, in thi~ proposed division of land located at the north side of Main Road,.Mattitu'~k, NY; County Tax Map District 1000, Section 140, Block 3, Lot 26. 7:45 p.m. Application of JAMES AND MARY TYLER, 625 Marratooka Road, MattJtuck~ .N~ for a Speci-al Exception to the Zoning Ordinance, Article VII, Section 100-70(B)[4'] for permission to establish and build public garage at premises known as 6795 Main 'Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6. 7:50 p.m. Applicatio'n of HOWARD AND BARBARA DILLINGHAM, P.O. Box 488, Southold, NY for a Variance to the Zoning Ordi- nance,-Article III, Section 100~.31~ Bulk Schedule, for approval of the construction of greenhouse addition with an insufficient setback from the south(easterly) side line at not less than 16 feet, and With insufficient total sideyards at not less than 31 feet, at premises known as 1900 Aldrich Lane, Laurel, NY; Laurel Estates East, Filed Subdivision Map 7870, Lot 9; County Tax Map District 1000, Section 125, Block 1, Lot 2.018. Page 2 - Legal Notice of Hearings Regular Meeting of December 12, t985 Southold Town Board of Appeals 7:55 p.m. Application for LONG ISLAND SHORES, INC., 684 Estero Boulevard, Fort Myers Beach, FL 33931, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of four proposed parcels and insufficient lot width of two proposed parcels in this pending division of land, premises located on the north side of North Road (C.R. 48), Greenport, NY~ Suffolk County Tax Map District 1000, Section 40, Block O1, Lot 20, containing a total area of 5~20± acres. 8:05 p.m. Application of STAMATIOS AND ELENI RAPANAKIS, 2030 Boisseau Avenue, Southold, NY for a Variance to the Zoning Ordi- nance, Article XI, Section lO0-118(D) for permission to reinstate nonconforming two-family dwelling use at 2030 Boisseau Avenue, Southold, NY~ County Tax Map District 1000, Section 55, Block 6, Lot 40. (Recessed from October 24~ 1985). 8:10 p.m. Application for PAUL AND MARY FLEMING by Eastern Windpower Inc., Osborne Avenue, Baiting Hollow, NY 11933, for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-30(C) for permission to erect a wind tower exceeding 18 feetlin height fo~ the purposes of producing electri.city, at -premises known-as-35675 Route 25, Or-ient, NY; County Tax Map District 1000, Section 19, Block 2, Lot 10.. 8:15 p.m. Application for GAIL DESSIMOZ AND MICHAEL RACZ by J. Doug-las-Peix~ 208 Fifth A.venue, New York, NY lOQlO, for a Variance to~ the Zoning Ordinance~ Article XI, Sections lO0-iiS(E) and 100-119,2, for: (a) permission to renovate and expand -existing. nonconforming cabin [guest cottage without sleeping facilities] exceeding 50%'of value a~d square footage of same as exists; (b) permission to construct addition to existing nonconforming cabin within 100 feet of bluff along the Long Is'land Sound, at premises known as 4255 Private Road #10 (Hallock Lane), Mattituck, NY; County Tax Map District 1000, Section tl~, Block 01, Lot 004. 8:25 p.m. Application of ROBERT A. CELIC, Box 12~7~ Matti- tuck, NY for a Variance to the Zoning Ordinance, Article Vii, Page 3 - Legal Notice of Hearings Regular Meeting of December 12, 1985 Southold Town Board of Appeals Section lO0-71, for permission to establish access to and from Marlene Lane for off-street parking which will be located less than 50 feet from property abutting th~ Main Road, the nearest street intersection. Premises located on the east side of Marlene Lane, Mattituck, NY; County Tax Map District 1000, Section 143, Block 3, Lot 1. 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 hear- ing in question. For more information, please call 765-1809 (alt. 1802). Dated: November 26, t985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Instructions to Newspapers: Please publish once, to wit: Thursda~y, December 5th, 1985, and forward nine affidavits of publication to: Mrs. Linda Kowalski~ ~ Secretary, Board of Appeals, Main Road, Southold, NY 11971, on or before December 10th. Copies to the following on or about 12/2/85: Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Mr. and Mrs. Edward Burton Abigail Wickham, Esq. for Pike and LI Shores ~Mr. and Mrs. James Tyler Mr. and Mrs. Howard Dillingham Mr. and Mrs. Stamatios Rapanakis Eastern Windpower Inc. for Fleming Mr. J. Douglas Peix for Dessimoz and Racz Mr~ Robert A. Celic Edward J. Boyd V~ Esq. (Re: Rapanakis) ZBA Members~. ZBA Individual File~- Town Board FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . ,o. ~_,.~.~...&.q .... 19..,.~.. PLEASE TAKE NOTICE that your application dated ... for permit to ~ ~..~.t?.~..~.....~...~.. ?.~ .~..~...~ .... at Location of Property . ~ ~9.* ..... ~.~.. ~ ~ ........ ~.~ 9 ~ ............... House No. Strut Hamlet County Tax Map No. 1000 Section .... ~ .~ .~..... Block ..... ~. ....... ~t ... :$ .......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~.'q~ ,~....~..~. ~.." .-~O.... /..~...-. ((..~..~. ,..~¢..~.....~...~.: .~...~......x,..'...~..: ~: ~ ~ .~.....~.(~..*. m .... .o,_.. ~?.~..~..,,¢~~......v....o~..~.~.. ~,~ .~.....%..~ ~.~ .......... ..................................................... RV 1/80 '~VWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We).,~....~'.~....~.......~...,,....~.~.J'.~f ..,~...~...~.,.e~..~...i.....~ ................ ~ ~,'~.. J~ J.. _ ~-~ .. ~Nar~e, of Appellant Street.~,an~t Number ~r'cipal~ty THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipality State PEP, MIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ./...~...~......~....~~~.~'~- Street Use District on Zoning Mop '?,.?... ........................... Current O ner Iv~ap No. Lot No. 2, PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the.Zonin~:l Ordinance by number. Do not quote the Ordinance.) 3. ~)'PE OF APPEAL Appeal is made 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, Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has] (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for c special germit ( ) request for a variance and was made n Appeal No .................................Dated ...: ........ :.:..; ................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsectioni3 (~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- ' sary HARDSHIP because ~,~1.~-' _ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate ' vicinity of this property and i~ this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn tor this Notary Public DAVID C. CE~ATO lqota~ Public, State o~ New York (/u*li~ed in Suffolk ',~mmi~sle~ JE, zpire~l ~'azeb 80, ~ ~/' ,,OWNER FORMER OWNER RES. ,q'?~' S~S. VL. LAND IMP. / . AGE NEW · , Farm Tillable Tillable 2 'Tillable 3 Wc~odland Swampland Brushlend . House Plot F, Total NORMAL OF S Tt OLD STREET FARM ~ COMM. TOTAL DATE BUILDING CONDITION BELOW Value Per Acre ABOVE Value VILLAGE DISTRICT ACREAGE _o.--r 5 o _ _ TYPE OF BUILDING LOT IND. ] CB. J MISC. Est. Mkt:,Vaiue FRONTAGE ON WATER FRONTAGE ON ROAD_/ ~D :~ ~ 7 ."3 ~ ,:, -C