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HomeMy WebLinkAbout3193Corner Maple & Pine R~)ads, So, 3/2/84~c. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.l., N.Y. 119'71 TELEPHONE (516) 765-1809 ZONING BOARD OF APPEALS ACTION OF THE Appeal No. 3]93 Application Dated November 29, ]983 TO: Mrs. Frances D. Epp Birch Road, Southold, NY 11971 Mr. Carlisle E. Cochran, Jr. Breitstadt Road, Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 2, ]984 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 III, Section ]00-3], Bulk Schedule [ ] Request for The public hearing on this application was also held on March 2, 1984. Upon application for FRANCES D. EPP, Birch Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for approval of insufficient area in the proposed set-off of lot located at the corner of Maple and Pine Roads, Southold, NY; County Tax Map Parcel ID No. lO00-54-9-part of 18. The board made the following findings and determination: By this appeal, applicant seeks to set-off a 26,200 sq. ft. parcel of vacant land in this block of property situated between Chestnut Road, Birch Road, Pine Road and Maple Road, as shown on a copy of an original Map of "Wesland Subdivision" which was prepared prior to the enactment of zoning. The entire premises is owned by Frances D. Epp, who plans to retain the remainin61 portion of this block containing approximately 48,000 ~q.. ft~,i.~ ~a ~.ith an existing one-family dwelling. The parcel to ~-'~f].-i% ~'icted on the Wesland Map as 108, 109, llO, and 110, with 200-foot frontage along Maple Road. The board members are familiar with the property in question and with the surrounding neighborhood. The character of the entire neigh- borhood is lots substantially smaller than that proposed and.therefore under the circumstances lends itself to the practical difficulties to the applicant. A majority of the surrounding parcels has been improved with one-family dwellings. In considering this appeal, the board determines: (1) that the practical difficulties are sufficient to warrant the granting of this application; (2) that the relief as requested is not substantial in relation to that generally existing in the neighborhood; (3) that the circumstances are unique; (4) that the relief will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by allowing the variance applied for since there will be no adverse changes to the immediate vicinity of the premises. Now, therefore, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was DATED: March 16, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWqq ZONING BOARD OF APPEALS Page 2 Appeal No. 3193 - FRANCES D. EPP Decision Rendered March 2, 1984 RESOLVED, that Appeal No. 3193, application for FRANCES D. EPP for approval of insufficient area as applied for, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That there be no further lot area reduction (or not further subdivision). Location of Property: Corner of Maple and Pine Roads, Southold, NY; County Tax Map Parcel ID No. lO00-54-9-part of 18. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimousl9~ adopted. AND FILED BY ~ .....lO ~.,~ CLERK THE SOUTi,©~u ~' ~'" om Clerk, To-~m o~ Soured GERARD P. GOEHRINGER, RMAN March 16, 1984 Soathold Towa of Appeals MAiN RQ,AD- BTATE RI;3AD 25 ~OUTHO.L.D. L.I., N.Y, 119'7] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ~ERARD P. GOEHRINGER. CHAIRMAN ~HARLESGRJGONI$.JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY Law and the Provisions of a Regular Heeting and the GIVEN, pursuant to Section 267 of the Town the Amended Code of the Town of Southold, following public hearings will be held by the Southo!d Town Zoni~the Town Hall, Main Road, Soutnold, NY o~ARCH 2, 198~4,~mmencing at 7:30 o'clock p.m. and as fo ows: - - 7:30 p.m. Recessed hearing of FRANK SIMON and GEORGE SANBORN. Accessory garage ,in frgntyard area. 3955 Stars Road, East Marion, NY. 7:35 p.m. Application for NENRYAND'DOROTHY ST.'GEORGE, by Irving L. Price, Jr., Esq., 828 Front Street, G'reenport, NY for a Variance to the Zoning Ordinance, Article III, Sections t00-31 and 100-32 for permission to construct: (a) addition to dwelling reducing rearyard setback, (b) accessory garage building in the frontyard area at premises: 300 Marion Place, East Marion, NY; County Tax Map Parcel No. lO00-31-8-part of 12.5. 7:40 p.m. Application of J~qES F. DRUCK Iii, Box 355, Laurel, NY, for a Variance to 'the Zoning Ordinance, Article III, Section lO0-31, Article XI, Section lO0-118, to alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. Premises: 7015 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. lOOn-126-10-O13. 7:45 p.m. Application for PAUL D. VARTANiAN and the TOWN OF SOUTHOLD for a Variance to the Zoning Ordinance, Article V, Section lO0-51 and Article III, Section 100-31, Bulk & Parking. Schedule, for approval of insufficient area and width of two proposed parcels, and for permission to continue use of multiple- dwelling residence on proposed Parcel !'B!' as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-009-10-9. 7:50 p.m. Application for PATRICIA STEGNER, by Rudolph H. Bruer, Esq,, Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Article III, Section lO0-31, and for approval of access, New York Town Law Article 15, Section 280(A)[3], concerning premises having insufficient area and width and locatea along the west side of a private right-of-way off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-6-5 and 10.2. 8:00 p.m. Application of HARRY AND H~RIE FAGAN, 52 East Lincoln Avenue, Valley Stream, NY 11580, for a Variance to the Zoning Ordinance, Article III, Section lO0-31, for permission to construct deck addition with reduction in the rearyard setback from the westerly property line a~ premises: 400 Betts Street, Cutchogue, NY; County Tax Map Parcel No. lO00-110-6-9. Legal Notice - Page 2 March 2, 1984 Regular Meeting Southold Town Board of Appeals 8:05 p.m, Application for FRANCES D. EPP, Birch Road, Southold, .NY for/ a Variance to the Zoning Ordinance, Artiole II!, Section~ 100-31 for approval$~ f .... a~ corner o Insufficient area ~n the proposed set-off of lot located the of ~ Maple and Pine Roads, Southold, NY; County Tax Map Parcel ID No. 1000-54-9- 9 8:10 p.m. Application for DANIEL SHELLEY, by Gary Flanner Olsen, Esq., Box 38, Mattituck, NY for a Variance for approval of access, New York Town Law, Article 16, Section 280(A), and Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of one parcel in this proposed two-lot division located on a private right-of-way off the north side of Oregon Road, Cutchogue, NY; Count~ Tax Map Parcel No. 1000-83-2-4. 8:20p.m. Application for NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY by G.L. Horton for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to relocate a nonconforming one-family dwelling which was the Subject of Appeal No. 3197, conditionally approved on January 25, 1984, at premises located on the west side of Westphalia Road and the north side of C.R. Mattituck, NY; County Tax Map Parcel No. 1000-101-02-21.I. For information concerning the above matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765-1809 or 1802. Those persons having an interest in the above matters may appear at the time and place specified herein. Dated: February ll, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIR~N NOTICE TO NEWSPAPERS: Please publish once, to wit: Thursday, February 23, i954 and forward nine afl}davits of publication to: Board-of Appeals, Main Road, Southotd, NY 11971, before February 29th. (5t6) 765-1809. Copies have been forwarded to the following 2/16/84: Irving L. Price, Jr., Esq. for Simon and Sanborn " '~ for Henry and D. St. George Mr. James F. Druck III Robert W. Tasker, Esq. for Town of Southold/Vartanian Rudolph q. Bruer~ Esq. for Patricia Stegner Mr. and Mrs. Harry Fagan Mr. C. Cochran for Mrs. Epp Mrs. Frances D. Epp Gary Flanner Olsen, Esq. for Daniel Shelley Mr. G. Horton for North Fork Baptist Church North Fork Baptist Church Suffolk Times L.~. Travelar-Watchman Supervisor and Town Board Members Planning Board Chairman Z,B.A. Members Individual files Posted on Town Clerk Bulletin Board 2/16/84 FORM NO, 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFFICE SOUTHOLD, N~. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE, , that your application dated .... ~ ~j~,zTT'....~ J ...... 19..~. ~ for permit to cXyfi's'truct.. , .......... ?._9,-.,~ ~,~L~i ....................................... at ~' ' ~ ...... '~' ' ' ~ ' ' ~ : ~ I ~ St~et County Tax Map No. 1000 Section .. ~ ,~ ....... Block .... ~ ......... ~t ] ~ ........... Subdihsion ................. Filed Map No ................. Lot No .................. is returned herewith mhd disapproved on the following grounds..-:7~... ,. ./~ z~_ ~ ' ~'~~ '~' 5':axz,:~: ~ '4~' ' '~-~'~x-~ ~_1.~' .......... ...... ~...~,~.....~, ~, ,-, ~., ~ ~... )~.~ ~ .... RV 1/80 TOWN OF SOUTHOLD, NEW YORK DECISION OF BUILDING INSPECTOR DATE October 14,1983 TO'THE'ZONING BO~RD OF"A'PPEA',LS.,-TC)~WNF aP SOUTFIOLD, N?Y _," ...... ~ . . ' Name of Appella,nt Street and Number ......................................................................... Municipality ....N.....~.,. ................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:8/31/83 FOR: permit to $~fo-Divide Property WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Birch Road Southold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD ....................................................... So%ltnold ( )' LOCATION: O'-F THE-~'~,(~PERTY l~a~.t.e>Road ~Pin~ RO~ ' ' '"" '- A -.': ; : , ~ - ' , - :- ::- Stre6F'ahd Hamlet-'c' ' ................ : ...... ;":"~'i~ ..... DATE PURCHASED: ...~.~.~.~.:.~..~..-~ ..... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph .of the Zoning Ordinance Dy number. Do not quote the Ordinance ) Article III , Section 100-31 Bulk Schedule of the Building Inspector or wi:th r. espect to this prqperty. Such appec was ( } requestUfor a special permit' ' '' -- ( ) request for a variance TYPE OF APPEAL Appeal is made qerewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE. due ~o lack of gcce. ss (Stat9 of New York Town Law Chap.' 62 Cons. Laws - Art. 16 Set. 280A Subs'ectio~ 3- '" -- ~ - - ~ ~PREVIOUS _~?PEA[ A p're~,ious, appeal' ~ (hc~'s. 6at). IJfen m6de wi%h respect to thi~ db~ision ant was mode in Appeal No ................................. Dated ...................................................................... t ) (X) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that we would like to set off a lot 200' from a parcel that is 2.2 acres. by 130.91' l~orm ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHiP'because The Applicant owens the only lot in the area conforming to present zoning st~ndardao To adhere to the strict application of the ordinance would p~oduce pratt.itelI d%~ficul, ties in selling this lot as a large lot in an ~rea co~tainimg m~ny small lbts. 2. The hardsn p created is UNIQUE and is not shared ay all p~perties alike in the ~mmediate vicinity of thb proper~y and in this use di~rict because the o~b. er lots ih the area were divided~ Sel~ as per~the.:~estand SuBdivision Drier to zoning. The applicants property was alsa divided at that time~ but having a sole owner, was joined as one parcel after zoning laws went ~ntomffeot. It was never ~the'intenti6n Of %h,'owne~ to .uniteall the property as one parcel. 3 The Variance would observe the soirit of ~e Ordincnce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because in the area t~ere are ~sz~.y ~ots of s~b- standard size. In the i~ediate area there are ~o lots o~ less than ~0,000 squ~re feet, J~ lots ~ft~een ~0,O00 mnd J5,000 square feet, four lets between ~5,O00 ~nd 20,000 square feet, ~ud three lots emch aporoximately 20,000, 26,000, and 28,000 square feet respectively. T~s s~bdivisien would silow a letter 26, J~0 square feet to be sold, leaving the applic~ut with approximately 69,500 square feet remaining. The character of the arem would remain unchanged. STATE OF NEx~ Y~RK ) SS. s°Uthold Town Board o£Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March 16, 1984 Mrs. Frances D. Epp Birch Road Southold, NY 11971 Re: Appeal No. 3193 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, \ / i' Enclosure Copy of Decision to Building Department Mr. Carlisle E. Cochran, Planning Board Jr. GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Seuthold, Regular Meeting and the following public heatings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Seuthold, NY on FR1DAY, MARCH 2~ 1984, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed hearing of FRANK SIMON and GEORGE SANBORN, Aches- On,, i~-'t - ~ ~'a. 7:35. pm. Application for HENRY AND' DOROTIiY ST. GEORGE. by Irving L. Price, Jr., !~., ~ Front Street, Oreenpm~, NY for a Variance Article III, Sections 100-31 and 100-32 for permission to con- struct: (a) addition to dwelling reducing t:eat~ard setb~w.k, (b) nccessoty~'~.nrage 'building in the ~ area ~t ~es: ion, NY; County 'Tax Map Parcel No. 1000-31-8-part of 12.5. 7:40 p.m~ Application of JAMES, F. DRUCK mt Box 355, Laurel, NY, for a Variance to the Zoning Ordinance? Article IH, Section 100-31~ Article XI, Section 100-118, to alter and construct addition to a noncon~0tming second ~.wuel~l/50% of fair ll,..05Pareel No. 1000-110-6.9. p.m. &pplieadon RANCES D. EPP, Birch ~o~.d, Soothold, NY for ~ianco to the Zoning Ordinq ante, .a.~tiele IH, Section 100- 31 for approvai of insufficient I area in the proposed set. off of lot located at the come~ of Maple and Pine Road~, South. old, NY; County Tax Map Parcol ID No. 1000-54-9- part .,~ 18. ~,~ 8:10 p.m. &pplication for D~NIEL SHELLEY, by G~j Fl~aner Olseo, F.~q., Boa ~8, Mattituelr, NY for a ¥~rianco for approvai of accost, New ¥o~k Town Law, Article 16, Section 280(A), ~nd Yariance to the Zoning Ordinanco, 3a'tiele III, Section 100-~1 foc~ approval of insufficient ~t'ea of one parcel in this pmpesed two-lot division located on private right-of.way off the north side of Oregon Road, Cutehogue, NY; County Map Parcel No. 1000-83-2-4. 8:20 p.m. Application for NORTH FORK BAPTIST COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... ./. ............. weeks successively, commencing on the ............ .~.z'~_..~..~ ......... day of~...~..~ ....................... 19....~....~/ Swam to before me this ........... ..~..?....~... ....... day of ............ ........... , LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 2~7 of the Town Law and the P~rovisinas of the Amended f/o~:l_e of the Town of Seuthold, :~ Regular Meeting and the (ollowing public hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on FRIDAY, MARCH 2, 1984, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed hearing of FRANK SIMON and GEORGE SANBORN. Accessory garage in frontyard area. 3955 Stars Road, East Marion, NY. 7:35 p.m. Application for HENRY AND DOROTHY ST. GEORGE, by Irving L. Price, Jr., Esq., 828 Front Street, GreenpeLt, NY for a Variance · r' ~ rdinance '~ insufficient area in the[ to the Zo , O I ~ ^rticle III , ions 100~31 ann~'-~-~-~oPosed set-off of lot loc ~n ~ fo~ permission to ~ a~ the corner of Maple ~ '~ruct' (~) addition to ~ Pine Roads, Southold, NY; ~?~lllno ~educing rearyard ] County Tax Map Parcel ID,~] setback, (b) accessory garag ~ - building in the frontyard area 8:10 p.m. Application for at premises: 300 Marion Place, East Marion, NY; County ~ax Map Parcel No. 1000-31-8-part of 12.5. 7:40 p.m. Application of JAMES F. DRUCK 111, Box 355, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Article XI, Section 100- 118, to alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. Premises: 7015 Peconte Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-10-013. 7:45 p.m. Application for PAUL D. YARTANIAN and the TOWN OF SOUTROLD for a Variance to the Zoning Ordinance, Article V, Section 100-51 and Article lid, Sect. ion 100-31, Bulk & Parking Schedule, for approval of in- sufficient area and width of two proposed parcels, and for permission to continue use of multiple-dwelling residence on proposed Parcel "B" as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 10004)09-10-9. 7:50 p.m. Application for PATRICIA STEGNER, by Rudolph Id. Bruer, Esq., Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, and for approval of access, New York Town Law Article 16, Sectior~ 280!A)[3], concerning premmes having insufficient area and width and located along the west side of a private right-of-way off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-6-5 and 10.2. 8:00 p.m. Application of HARRY AND MARIE FAGAN, 52 East Lincoln Avenue, Valley Stream, NY 11580, for a Variance to the Zoning Ordinance, Artic!e ~II, Section 100-31, for permission to construct deck addition with reduction in the rearyard setback from the westerly property line at premises: 400 Betts Street, Cutchogue, NY; County Tax Map Parcel No. 101~110-6-9. ~"~:05 p.m. Application for} { FRANCES D. EPP, Birch[ ~ Road, Southold, NY fo~ a~,,. ~ Variance to the Zon.i.ngf ~\ Ordinance, Article III, Section I -31 for approval of/ DANIEL SHELLEY, by Gary Flanner Olsen, Esq., Box 38, Mattituck, NY for a Variance for approval of access, New York Town Law, Article 16, Section 280(A), and Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of one parcel in this proposed two-lot division located on a private right-of-way off the north side of Oregon Road, Cutchogue, NY; County Tax map Parcel No. 1000-83-2-4. 8:20 p.m. Application for NORTH FORK BAPTIST CHURCH, C.R. 4~, Mattituck, NY by G.L. Horton for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to relocate a nonconforming one- family dwelling which was the subject of Appeal No. 3197, conditionally approved on January 25, 1984, at premises located on the west side of Westphalia Road and the north side of C.R. 48, Mattituck, NY; County Tax Map Parcel No. 1000-141-02- 21.1. For information concerning the above matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765-1809 or 1802. Those persons having an interest in the above matters may appear at the time and place specified herein. Dated: February 11, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ) 1TF23.4494 COUNTY OFSUFFOLK ) SUSAN W ALLAN ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ~ dayof February 19J~4_ Principal Clerk Sworn to before me this 23rd dayof February 198~4 JUDII'H A. CHIEN r!OT~RY PUBLIC, State of New York No 47961!,1. Suffolk Count) Term Expire~ Ma c~ ~ 19~ HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. $outhold, N.Y. 11971 February 24, 1984 TELEPHONE 765- 1938 Mrs. Frances D. Epp Birch Road Southold, NY 11971 RE: Minor Subdivision Dear Mrs. Epp: The following action was taken by the Southold Town Planning Board at the regular meeting, February 13. 1984 following an on-site inspection. RESOLVED that the Southold Town Planning Board ~isaDDrove the minor subdivision of ~rances D. Epp located at Southold due to the undersized lots that would be created. If you have any questions, please contact this office. Very truly yours, By Diane M. Schultze, Secretary cc: Zoning Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, 3R. SERGE DOYEN, 3R. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 119'71 TELEPHONE (516) 765-1809 December 16, 1983 Mrs. Frances D. Epp Birch Road Southold, NY 11971 Re: Appeal No. 3193 Dear Mrs. Epp: Your recent application for a variance was reviewed by the board at our November 30, 1983 Regular Meeting, and the following action was taken: RESOLVED, that Appeal No. 3193, application of FRANCES D. EPP be held temporarily in abeyance pending receipts of comments or approval from the Southold Town Planning Board pursuant to the January 1982 list of procedures concerning division of land. This resolution was unanimously adopted. Once we have received the above, the board will place this matter on the earliest possible agenda for public hearing. Please keep us advised. Yours very truly, \V cc: Planning Board GERARD P. GOEHRINGER CHAIRMAN . /~ ~y/Lin~a Kowa±ski JUDITH T. TERRY TOWN CLFRK REGISTRAR O1' VITAl, SI ~ I ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 29, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3193 application o£ Frances D. Epp for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter realtive to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from~e Building Department; and survey. Judith T. Terry , F Southold Town Clerk R~VE~ TOWN OF SOUTNOLD, NEW YORK [~J0V ~,i~3FROM DECISION OF BUILDING INSPECTOR APPEL NO. DATE ..,~.....~.., ,~,. ~....I...4. ~.~ 9 8 3 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. _ _ m/~ C&rlisle E, 1, (We) F..~....~9.. ~....~. ~j? ..................................... :... oCtOJJ .?..~........~....~..~. .................................................... Name of Appellant Street and Number .~.~.~A ................. HEREBY APPEAL TO State Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED.~/~/~3 FOR: ~ll~ia:[t ~.0 SU]>-D;[v:[d~ P~Opo~:Ir WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) Name of Applicant for permit of B:~h ~d E, outhold Nev YOF)c .... ;;;;' ...................... ............... Stat; ....................... PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 1. LOCATION OF THE PROPERTY ...l'~!...P..l..e...~.d...~,...~.$...~......~....o~..d..,. Sour. hold Street and Hamlet ..........................!'"~one ..... ......... O~ER ($): ~F.~.~...~..II..~ ...... ~ ........ Mop No. Lot No. DATE PURCHASED: ..................... 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 ) Article ll! , Section 100-31 B~t)g Schedule 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 Towr Law Chap. 62 Cons Art. 16 Sec. 280A Subsection 3 Lows 4. PREVIOUS APPEAL A previous appeal J~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal 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 set off a Xot 200' by X30.91' Fm~n ZBi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because '.['he Applicon1; owns 'the only iot In ~][~e area to p~eaent =on~ st~da~a. To m~ere :o ~e strict ipp~ca:~on of the o~i~ce wo~d produce practic~ ~fficulties ~ selling t~s lot aa a large lo~ ~ an area con~inl~ m~y ~1 Iota. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the other Iota in the area were divided and sold as per the Wesland Subdivision prior to zoning. The applicants property was also divided at that t~uae, but having a sole owner, was ~oined aa one parcel after zoning l~ws went i~to effect. It vas never the intention of the owner to unite all the property as one parcel. 3 Ti~e Varianc~ would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because In the are& there are many lots Of sub-. standard size. In the i~..mediate area There are two iota of less than 10,000 square feet, l& lct~ betweem 10,000 ~ 15,000 square feet, four Iota bet~eeen 1~,000 and 20,000 square feet, and three Iota each approximately 20,000, 26,000, and 28,000 square feet respectively, This subdivision would allow a lot of 26,180 square feet to be sold, leaving the applicant with approximately 69,900 square feet remaining. The character of the area would remain unchanged, COUNTY Sworn to this ............... ~...~...~ ............. day of ........... ~..~...~..~-~.~/f(.. ............ lCj~3 ELIZAt~ETH ANN NEVILLE NOTRRY PUBLIC, State of New Yol~ NO, 52-$125850, Suffolk ]9--7- BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : : tO the Board of Appeals~of the Town of Sour_hold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~the intention of the undersigned to petition the Board to request ~ (Spe~c~Er.~:et~c~)~(Sl:~~ (Other) of Appeals of the Town of Southold ]circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des. cribed as follows: Ma~ Pine Road Southold 3. That the property which is the subject of such Petition is located in the following zoning district: A :~icultu~ial 4. That by such Petition, the undersigned will request the following relief: PlanninQ BO_ard Approval & Variances for ~qn Undersized lot. -- -- 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section_~100_31 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: '. Petitioner Post Office Address PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIP'£S NAME ADDRESS There are no adjacent property owners as the parcel is bordered by four public roads. STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) sworn s nd says that on e ~ . day ~ "~' ~[~ ' ~ ,'1~ ' dtponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite thor respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of Sou~hold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by rice at (certified) (registered) mail. Sworn to?,fore, me day of ~~:~--' ~ ~ Notary Public ELIZAB~rH RNN NEVILLE N01~RY PUBLIC, State of New York No, 52-8125850~, Suffolk ~ l'~rm Expires March 30, SHORT ENVIRO~,'MENTkL ASSESSMENT FO,tM 0 d 0 'd 0 0 0 E~ 0 0 INSTRUCTIONS: (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available infor~,.ation concerning the project and the likely impacts of the action. It is not expected t,hat additional studies~ rQsearch or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a ccmpteted Environmental Assessment Form is necessa~fo (c) If all questions have been answered No it is likely tb~t this projeot is no% signifioant. (d) Enviror_mental Assessment 1. Will project result in a large physical change to the project site or physically alter more than t0 acres of land? · · , , , , o , o 2, Will there be a major change to any u~ique or unusual land form found on the site? · 3. Will project alter or have a large effect on an existing body of water? . . . . · , , . Will project have a potentially large impac~ on groundwater quality? , , . . . . . . , . 5. Will project significantly effect drainage flow 6. Will project affect any threatened or endangered plant or anLmal species? . · , , , , . ° 7. Will project result in a major adverse effect on 8. Will project have a major effect on visual char- acter of the cor~munity or scenic views or vistas 9, Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? , . , 10. Will project have a major effect on existing or future recreational opportunities? . . . ll. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13. Will project have any impact on public health or l&. Will project ~ffect the existing community by directly causin~ a ~rowth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the character of the com. munity sr neighborhood?. 15. Is there public controversy concernlng the project7 PREP~-RER' S REPRESE,NTING: DATE: Yes X No Yes >f No X Yes No Yes X No Yes X No Yes X No Yes X No Yes X No X Yes ---- No Yes X No X Yes No Yes X No Yes X No Yes X No Yes X No 1983 (Today's Date) To: Southo!d Town Board of Appeals blain Road Southo!d, NY 11971 Re: Aomea! App~ ~; ~ ~_ ~-ca~_o~. Of Location of Property: France Epp Corner of Maple Road & Southold Pine Road Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York S~=~e Environmental Conservation Law, please be advised that the subject prooerty io the '~ wz~h~n appeal - ap~ca~on: (please ' cnecx one box) [ ] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this properny is a bulkhead in very good condition and at least 100 feet in length.* [ ] May be located within 300 - ~e~ of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located {~ ' w-~hzn 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or .... con~__~e wall existing 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.C. D.E.C.] Sincerely yours, (Signacure please]/ NOTE: If proposed project falls witgtin D.E.C. jurisdiction, approval must be received an.d submit{&d to our office before your application can be .scheduled for a public hearing. ACTION OF THE ZONING BOARD OF APPEALS Appeal No. ~90 Dated Dec. 23, 1971 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLI) To lilton Lo Epp Birch Road S outholds_ at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (~,) Request for a variance to the Zoning Ordinance ( ) Appellant the appeal ~97~ 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 754~ P.M. (E.D.S.T.), upon applicetion of Hilton L. Epp, Birch Road, S~uthold, }iow York, fo~ a variance In accordance with t~ Zonin~ ~dinanoe, A~ticle III, [cotton 303, & Section 306, and ~ticle X~ Section 1000A (OLd 0~dl~nce) - (Ee~ ~dinanoe - A~ttcle III, ~eotion ~0L & Section ~0~) fo~ permission ~o const~ot p~ivate one faBl~ d~elling vith lnsuffio~ent lot a~ea ~d f~ont ~d setback. Location of p~o~tTs no~t~ast co~ne~ off C~l~t Road and ~p~ ~oad, S~thO~d, ~. 8. Ste~n & ot~s~ south by C~stnut ~oad, vest B~ ~ple Road. Fee paid 2. VARIANCE. By re~olution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because ~EE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE Rl~v ~SE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of file Building Inspector ( ) be confh'med ( ) be reversed. SEE REVERSE ) be denied and FORM ZB4 ZONING BOARD OF APPEALS l~arJorie FlcDermott, £ecretary So~thold Town Board of Appeals After investigation and inspection the Poard finds t~bat applicant requests permission to construct private one family dwelling with insufficient lot area and front yard setback on the northeast corner of Chestnut Road and Maple Road, Southold, l~ew York. The Board finds that due to an error made by a land sur- veyor 27 years ago all of the owners of property on the north side of Chestnut Road had to sign over to the Town (at the tim~ the Town took over the roads in this area) a Quit Claim for approximately 7~ ft. which left the combined square total slightly less than the Zoning requirements. The Chairman discussed this area in detail with the Town Attorney and it was decided that the Board of Appeals should be guided by the size of the lots in the surrounding area. After studying the tax maps and other data the Board finds that it is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance will produce practical difficulties or u~ecessary hardship; the hardship created is unique and would~e shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. THEREFORE IT WAS RESOLVED Hilton L. Epp, Birch Road, Southold, New York, be GRANTED permission to construct private one family dwelling with insufficien~ lot area and front yard setback on property located on the northeast corner of Chestnut Road and Maple Road, Southold, New York, under the old Ordinance because of the fact that Mr. Epp negotiated the sale prior to December 17, 197Z. The appeal is granted as applied for. Vote of the Board: Ayes:- Masers: Gillispiem Bergen, Gri$onis, False. ~,i~l I I I III IIII IIII I I III II II II r dill I iii I IIII II IIIIII II I II .... I