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HomeMy WebLinkAbout2591 i @cOAiI /�EHc'F 2d_ .S-0ilTYM�J7_ 9� �� � OcvuE.P.- 7�i�J,vf �,`�2 aA �6 Na�f 6aP,� Ed ui nE5�.I�, i TOWN OF SOUTHOLD, NEW YORK DATE .Sept. 27, 1979 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2591. Dated August 16 , 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To DIANA GAZZA, c/o NORTH FORK EQUITIES, INC. Appellant North Road, Box 1112 Southold, NY 11971 at a meeting of the Zoning Board of Appeals on' September 6 , 1979 the appeal 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 (X) Request for a variance to the Zoning Ordinance Article III, Section 100-30 I. SR E9E3��XBy 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 PUBLIC HEARING held August 16, 1979. 8 : 10 (D.S.T) Upon application of Diane Gazza, C/o North Fork Equities Inc. , North Road, Southold, New York 11971, for a variance to the Zoning Or- dinance, Article III, Section 100-30, for permission to have a non-farm, barn storage building as the main structure on a lot which is not permitted in an A-Residential and Agricultural Dis- trict, and a variance to the Zoning Ordinance for permission to construct said building with an insufficient frontyard setback. Location of property: Cedar Beach Road, Southold, New York, known and designated as part of Lots. No. 21, 22, 23, 24 , on Map Nn_ 90 of_Cedar Raarh Park_ (_SFE RF'VERSE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE. (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 REVERSE. (c) The. variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE. and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 e � After investigation and inspection, the Board finds that the applicant wishes to construct a non-farm, barn storage building as a sole structure on the lot with insufficient frontyard setback of 45 feet from Cedar Beach Road. The Board finds that strict application of the Ordinance would produce practical difficulties - or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that DIANE GAZZA, c/o North Fork Equities, Inc . , North Road, Southold, New York 11971, be GRANTED a variance to the Zoning Ordinance, Article III, Section 100-30, for permission to have a non-farm, barn storage building as the main structure on a lot which isnot permitted in an A-Residential and Agricultural District, and be GRANTED a variance to the Zoning Ordinance for permission to construct said building with an insufficient front- yard setback, subject to the following CONDITIONS : (1) That the subject building be no closer than 45 feet on the frontyard and no closer than 20 feet on the easterly lot line. (2) That the building will remain at 58 feet by 29 feet as requested. (3) That the accessory sole building be used only for storage of materials incidental to the use by the applicant of the adjacent single-family dwelling also presently owned by the applicant herein. (4) That the building as constructed shall not be altered in any respect, nor shall the use thereof be changed without prior approval of this Board. (5) That no other buildings of any type whatsoever be con- structed on said lot. (6) That the lot not be further subdivided. For purposes of this decision, the word "lot" shall be deemed to mean the lots set off by the Southold Town Planning Board in its decision and approval dated October 10 , 1978 . (7) That there shall be no living quarters within this building. Location of property: Cedar Beach Road, Southold, New York, known and designated as part of Lots No. 21, 22 , 23 and 24 on Map No. 90 of Cedar Beach Park. Vote of the Board: Ayes : Messrs. Douglass, Grigonis and Tuthill RECEIVED ARID FILED BY THE SOU1HOLD TOWN CLERK O ED DATE 9 � HOUR a'-3o Q Chairman Board of Appeals Town Clerk, Town of Southold O LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, Thursday, Septem-i her 6, 1979, on the following hearings: 8:10 P.M. (D.S.T.) Upon application of Diane Gazza, c/o North Fork Equities, Inc., North Road, Southold, New York, for a vari- ance to the Zoning Ordinance, Article III, Section 100-30 for permission to have a non-farm, barn storage building as the main structure on a lot which is not permitted in a A residential and Agricultural District, and a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for per- mission to construct said building with an insufficient front 'yard setback. Location of property: Cedar Beach Road, Southold New York, known and designated as part of Lots No. 21, 22, 23 and 24 on Map No. 90 of Cedar Beach Park. 8:20 P.M. (D.S.T.) Upon application of Frances N. Frisbie~ Clearwater Lane, Cutchogue, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to change lot lines on a filed subdivi- sion map. Location of property: Nassau Point Road and Clear- water Lane, Cutchogue, 105 and 106 on Map No. 8:35 P.M. (D.S.T.) New York, known and designated as Lots 156 "Amended Map A of Nassau Point". Upon application of William and Margaret Phelon, 215 Northfield Road, Hauppauge, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to construct a dwelling with insufficient front yard setback. Location of property: Lilac Lane, Cutchogue, New York, known and designated as Lot No. 105, on Map No. 1179 "Map of Nassau Farms. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Seuthold~, New York, Thurs- day, September 6, 1979, on the following hearings: · 11:10 P.M. (D.S.T.) Upon application of Diane ~azza, c/o North Fork Equities, Inc., North Road, Southold, New Yor.k, for a variance to ti Zom. ng Ordinance, Article II Section 100-30 ~for peg'missie to have.,a non-firm, barn storage b~ as~ the main structure on ~ lot which is not permitted in '~ A residential ~nd Agricultural District, ant ~ variance to the Zoning Ordi- ~once, Article III, Section 100- ~o 1 and Bulk Parking Schedule r._l?rmlssion to construct sam ouilding with an insuffic- ient front yard setback. Loca- tion of property: Cedar Beach Road, Sonthold, New York, known and designated as port of Lot~ No. 21, 22, 23 and 24 on Map No. 90 of Cedar Beach Park. 8:20 P.M. (D.S.T.) Upon application of Frances N. Frisbte, Clearwater Lane, Cutohogne, New York, for a variance to the Zoning Ordin- ance, Article III, Section 100- 31 and Bulk Parking Schedule for permission to change lot lines on a filed subdivision map. Location a~ p_rg~e~y- Nassau Point Road and Clear'- ~water Lane. _Cu~cho~ue. of property: Westview Drive, Mattituck, New York, bound- ed on the north by Eriksen; east by Westview Drive; south by Dawe; west by Mattituck Creek. Dated: Angnst 27, 1979. ?FOLIO, BY ORDER OF ~ ss: THE SOUTHOLD YORK, j TOWN BOARD OF 1TA30-3275 APPEALS )an Gust~avson being duly Sworn. says ~nat ... she, is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times ance in each week, for ...... .ct~e ................. weeks successiwly commencin9 on the .... 30.t~]~ ................. Swam to before me this .. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, Thurs- day, September 6, 1979, on the -following hearings: 8:10 P.M. (D.S.T.) Upon application of Diane Gazza, c/o North Fork Equities, Inc., North Road, Southold, New York, for a variance to the Zoning Ordinance, Article III, Section 100-30 for permission to have a non-farm, barn ~orage building as the main structure on a lot which is n~t permitted in an A residential and Agricultural District, and a variance to the Zoning Ordinance, Article IlL Section 100-31 and Bulk Parking Sche- dule for permission to con- struct said building with an insufficient front yard setback. Location of property: Cedar Beach Road, Southold, New York, known and designated ~s part of Lots No. 21, 22, 23 ~ind 24 on Map No. 90 of Cedar ~Beach Park. 8:20 P.M. (D.S.T.) Upon application of Frances N. Frisbie, Clearwater Lane, Cutchogue, New York, for a Variance to the Zoning Ordin- anco, Article 111, Section 100- 31 and Bulk Parking Schedule for permission to change lot lines on a filed subdivision map. Location of property: Nassau Point Road and Clear- water Lane, Cutchogue, New York, known and designated ~ Lots 105 and 106 on Map 156 "Amended Map A of -Nassau Point". 8:3.5 P.M. (D.S.T.) Upon ~pplicatinn of William and Margaret Phelon, 215 North- field Road, Hauppaoge, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Park- lng Schedule for permission to construct a dwelling with insufficient front yard setback. Location of property: Lilac Lane, Cutchogue, Ncw York. known and designated as Lot · No. 105, on Map No. 1179 "Map of Nassau Farms". 8:50 P.M. (D.S.T.) Upon application of Penelope Kou- souros and Stephen J. Perri- Cone, 7470 Sound Avenue, COUNTY OF SUFFOLK STATE OF NE-NV 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 aa the ....~...0.. ............................ ........................ Sworn to before me this ..../?./. .............. day ot Notary Public ANT01H f~11'! IERKOSKI NOTARY PtJ81.1¢, State of New York ~dh~.,~ in Surfak County ~0. 52-4~796 1~/ Com~s~on ~ires ~arch 30, ~ Memorandum from.... BUILDING INSPECTOR'S OFFICE TOWN OF SOUTHOLD TOWN HALL, SOUTHOLD, N. Y. 11971 765-1802 GAZZA (Appea~1 ~2591) RECOMMENDATIONS OF TOWN ATTORNEY: ~ 1. That the accessory/sole building be used only for storage of materials incidental to the use by the applicant of the adjaoent single-family dwelling also presently owned by applicant herein. 2. That the building as constructed shall not be altered in any respect nor shall the use thereof be changed without prior approval of this Board. 3. That no other buildings of any type whatsoever be constructed on the lot. 4. That the lot be not further subdiv- ided. For purposes of this decision, the word "10t" shall be deemed to mean the lots set off by the Southold Town Planning Board in its decision and approval dated 10/10/78. 5. That the size of the storage build- ing shall be no larger than ~-feet by -~ ~ feet~ (Will need from ~nt on a drawn sketch for file.) 6. That the building b~.no closer than ~ feet from the E~ boundary of t e~ubject lot. (Will need dimensions after applicant gives sketch of proposedl building.) TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ,~s~ ~ ,o~,c~ ,~, ~o.~ ~,,~,,o. ~,~ .......................... ~E.....L.~..... ~.Z~ for permit to construct (~...~...~~.at the premises located at .................................... ~,o~.~.~.~. ................ ~o~.a,.~.,.~.~.,..~ ......... returned herewith and disappr~ed on the follow~ng ~ ...~..~.~.~....~ ..... . ~ .......... ~.....L~.~....~.p.., ................... ~......~.~.~...~~ ....... ~...: .... ~.~.~....~ ...... ~......~.~....~ ~.~.....~ ........ &s ~ ~....~...~...~.~. _ . ~ ................ ~a;ia~aa"ia;~a~;; ............... O TOWN OF s~PrlgOLD, NEW YORK. APPEAL FROM DECISION OF BUILDING INSPECTOR ^Pen No. TO THE ~i~G I~AJ~ 01~'XJ~,LS, ~VN C~F~ ~;~N~ Y. ' ' ,n O R~be~$ W. ~illispie, ~ (~t~. ~E~t~es;. I~).. . . ! We a~ u~ u~z~ . . of ~.~n .~c, ~o~.~c sew xor~ , ( ) ..................................................................................... ~ ....................... Name of Ap~ll~t Str~ a~ Nu~r Southold N.Y. ......................................................................................................................... HEREBY APPEL TO Munici~liW S~te THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (~) (~ I PERMIT FOR OCCUPANCY North Fork E.q.u. ities~ Inc. Name of Applicant for permit of Box 1112, North Road, $outhold New Yoz, k Street and Number Municipality State pERMiT TO USE I. LOCA"rlOI~i OF~HE pROPERT~''~/s° :Cleaa~'; B~ 'R~ao~ RO'~J;I~ZCI:~': :JJ~. (~) Street Use District c~ ZoCi~tr~ Map l~...a~....~....9..0.~...]'.,X'.~l%..~.~...~.~.~...~l.,...~,~,...~3, & g& ~,~ Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Secti°n, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Al"t III 100-~0 ~ (X-) ( ) TYPE OF APPEAL Appeal is mode herewith for A VARIANCE to the Zoning Ordinance ~r ~'e~ing Map. A VARIANC£ due.to 10ck of acces~ (State of Nag/ York 281~A Sbb Art. 16S~c, section3 f ~" :!:~ ~'-;~f;~: :--; · . . ~ '~ ,; :: :: 4. PREVIOUS APPEAL A prev,ous appeal 01~l~(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 ................................. Doted ...................................................................... REiN FOR APPEAL. · ,;x.. ( ) A.~arianCe to Section 280A Subsection 3' (][~) A Vana~:~e to the Zonmg~Ord~nance a non-dwelling~n sg~ctuve as the main st~ot~e b~6og iht.. (Continue o~ other side) O O REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce practical difficulti~ or unneces- sa~ HARDSHIp becau~ denial of use would deprive e~mer of storage facilzty to be used in conjuCtien with her residence located on prepe~y adjacent te the east., . · ) c · 2. The hardshipcre~tedis UNIQUE and isnotshared by all prope~ies alike in the immediate vicinity ofthispropertya~d inthis use district because the applicant has no other si)ts, a~j~cen~tte h~dwelling in which to build this storage facility. 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ the applicant will construct the storage facility using ~ materials similar to those used in her dwelling adjacent to subject property, and this building will complement the dwelling. for North F~k Equities, Inc.' a/c Diane Gazza ~ ) ss- . ................................................................................. N'I'~ Signature COU , ): Sworn to thi, ............... Z.~ ............. day of ............ ~ .............. tary Pub ic JUDITH T. TERRY · TOWN CLERK REGISTRAR Ol~ VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 August 16, 1979 To: Southold Town Zoning Board of Appeals From: Judith T. Te~ry, town Clerk Transmitted herewith is Zoning Appeal No. 2591 applic~On~ of Diane Gazza for a variance. Also included are notification to adjoining property owners as follows: Unknown - 2 parcels. . JTT/bn cc:file Enc,/ BOARD OF APPEALS, TOWN OF $OUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of $outhold NOTICE TO: UNKNOWN & Parcel s/s Cedar Beach Rd., Southold SCM ~ 089-02-01 UNNNOWN: Parcel s/s Cedar Beach Rd., Southold SCM # 0~1-01J04 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subject of the Petition is located adiacenl~ to y~our property and is,des-~~,~ cribed as follows: s/s Cedar Beach Road, Southold SCM # 091-01-03 (par~ OT'~ 3. That the property which is the subject of such Petition is located in the following zoning diStrict: Residential 4. That by such Petition, the undersigned will request the following relief: variance to construct storage facilit.y (barn) as main structure on lot. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Art III 100-30 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, $outhold, New York and you may then and there examine the same during regular office hours. 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: August 16, 1979 ~N,~/~~ · , . .~. P.0.Box 1112~ S~uthnld~. New ¥o~k 11971 NAME PROOF!OF MAILING OF NOTICE ADDRESS ~OST O~mCl e~ARTMk'~IT· One piece of ordinary mall ~ddressed to: r q'71 MAY BE USED F~ DOMESTIC ~ND INTERNATIONAL./~L~IL, DOES NOT PROVIDE FOR II4SURAI~e~. - ~OIT~AST[~ MAY 1~i~ STATE OF NEW YORK) COUNTY OF SUFFOLK) /~a./~-"/ IA)/_ ~'~'/~}[~1. }&. ~ .rmidingat .~.~ ' ' ~ ~.;~. ~ .~ .~i~duiysworn',dep~nd~atonthe /~4day of - ~ ~ .~ ~ ~ ' ~ i9 ~ depo~nt ~ll~ a tree copy of the Notice ~t forth 0n the~e- ve~ side ~er~of~r~t~ to ~ of the abov~na~ ~ at ~e add~ ~t opp~ite'th~r rmpective namm; that the add~ ~t oppmite the ~m~ o~d ~ ~ t~ addr~ of said ~ons as shown on the current ~ent-r~l of th~ Town of SoUthold; ~t ~ N~ were ~il~ at the United S~tm Post (c~rtified)~(registered) mail. Sworn to before me this /~/ day of ~a~L, 19~__~_~____ -- -4:~T N;t~ry Public ; that said Notic~ were mailed to each of said persons by EU~.~IBETH A/~N ~OtARy PUBLI~. lira of New Yorfc ~ Eva~e~ March 30, 19,,~ ! wd CEDAR BEACH / / / 15 RD. *4s' 16 Il ~0 CEDA~ BEACH HA~BO~ 1' BOARD MEMBERS 0� soyoSouthold Town Hall Leslie Kanes Weisman,Chairperson �� lQ -53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �Irou ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD October 3, 2019 Tel.(631)765-1809•Fax(631)765-9064 Julia Robins C21 Albertson Realty 413 Main Street Greenport,NY 11944 RE: 2710 Cedar Beach Road, Southold SCTM No. 1000-91-1-3.1 & 3.2 Dear Ms. Robins; This office received your letter of August 15, 2019 inquiring about possible conversion of a barn to a dwelling currently located upon the above referenced property as it relates to conditions imposed in prior ZBA decisions. During our Regular Meeting of September 12, 2019, members of the Zoning Board of Appeals and the Town Attorney reviewed and discussed your comments and questions, and ZBA decisions#2652, dated January 9, 1980; and 42591, dated September 27, 1979. a Based upon the aforementioned, condition no. 4 set forth in Appeal No. 2591 which states, "that the building, as constructed, shall not be altered in any respect, nor shall the use thereof be changed without prior approval of this board" shall stand. Furthermore, it has been determined that under the Southold Town Code,the renovation of an existing barn to a residential structure would constitute a new use and therefore a demolition, and would require a building permit for the demolition and the construction of a new use (single family dwelling) from the Building Department. If you have a4Weisan s or concerns,please contact our office. Si re Leslie Kanes Chairperson cc: _Michael Verity, Building Department - r Southold Town Zoning Board of Appeals August 15, 2019 Town Hall Annex Building 54375 Route 25 PO Box 1179 Southold NY 11971 From: Julia Robins Licensed Real Estate Salesperson 3 . 1 C21 Albertson Realty 413 Main St., Greenport NY 11944 Re: 2710 Cedar Beach Rd. 2710 Cedar Beach Rd-Tax map #1000-91-1-3.1 is owned by Diane Gazza 2850 Cedar Beach Rd, Tax map #1000-91-1-3.2 is owned by Robert and Diane Gazza The 2 lots have single and separate deeds. History of the property -A building permit issued was issued to Marjory Burns aka North Fork Equities on 12/5/1978 to construct a private one family dwelling at 2710 Cedar Beach Rd. (Z9839) -In addition to the foundation being poured, the cesspools and well were installed at that time and approved by The Suffolk County Board of Health. -Public water is now available at the street. -The permit was amended 9/25/1979 and changed to construct a barn. -A building permit was issued to North Fork Equities on 12/6/1978 to construct a one family dwelling at 2850 Cedar Beach Rd. (Z9662) Sale of the property The property consisting of both lots was sold to Robert and Diane Gazza on 9/6/1979. The purchase consisted of a one story ranch house at 2850 and a 30' x 58' poured concrete foundation at 2710. The Gazzas did not want to build a house as per the original building permit. They chose to build a barn instead. They were advised by the building department that if they did not want to build a house the barn would be considered an accessory building. A building permit 10058Z was issued on 12/5/1978 for an Accessory Building. ° ,- 1 The attached Certificate of Occupancy dated 1/21/1980 was issued to North Fork Equities and sets forth 7 conditions for the use of the barn at 2710. It states "that the building be used only for the storage of materials incidental to the use by the applicant of the adjacent single- family dwelling also presently owned by the applicant herein." Questions/Comments -Can a new owner convert the barn to a residential dwelling based on the ZBA determination if it meets the setbacks and building code requirements? -Did the determination transfer with the sale of the property to the Gazzas? -The lots were subdivided as single separate prior to the purchase by the Gazzas. -The building would no longer be accessory to the existing house at 2850. Respectfully submitted, Julia Robins 9t4�Rjg_,� Julia Robins 631-478-1719 jrobins@albertsonrealty.com