HomeMy WebLinkAbout1900 TO~V~ OF SOUTHOLDj NEW YORK
ACTION OF THE ZONING BOAKD OF APPEALS
Appeal No. 1900 Dated April 15, 1974
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Leonard Trapido
117-01 Park Lane South
Kew Gardens, New York
DATE 51a.y._.2.3.,. 1974
Appellsnt
at a meeting of the Zoning Board of Appeals on May 23, 1974
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
( )
the appeal
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 deeisinn of the Building Inspector ( ) be reversed ( ) be
confirmed because 7:40 P.M. (E.D.S.T.), upon application of Leonard Trapido,
117-01 Park Lane South, Kew Gardens, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-30 and
Bulk Schedule for permission to construct addition to dwelling with
insufficient sideyard. Location of property: S/S Carrington Road,
Lot 395, Nassau Point, Cutchogue, New York. Fee paid $15.00.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
practical difficulties
or unnecessary
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)
change the character of the district because
(would not)
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.
SEE REVERSE/~/
FORM ZB4 ~
Marjorie McDermott, Secretary
After investigation and inspection the Board finds that
applicant requests permission to construct addition to dwelling
with insufficient sideyard on the south side of Carrington
Road, Lot No. 395, Nassau Point, Cutchogue. The Board finds
that the east side of the house was originally planned for a
garage addition but an oversight was made in the excavation
and the applicant feels that this wall would add a finished
touch or look. It will be a wall running at right angles
to the adjacent property and will not block it off. The
Board agrees with the reasoning of the applicant.
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 this 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.
THEREFORE IT WAS RESOLVED, Leonard Trapido, 117-01 Park
Lane South, Kew Gardens, New York, be GRANTED permission to
construct addition to dwelling with insufficient sideyard,
on the south side of Carrington Road, Lot 395, Nassau Point,
Cutchogue, New York, as applied for, subject to the following
condition:
That applicant maintain his sideyard to the extent of
15 feet with the exception of the false wall area; the
false wall shall be no thicker than (1') one foot.
Vote of the Board:
Grigonis, Hulse.
Ayes:- Messrs:
Gillispie, Bergen,
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of The Town Law~a~d the provisions
of the Amended Building Zone Ordinance of the Town of Southold,
Suffolk County, New York, public hearings will be held by the
Zoning Board 'of A~peals of the Town of Southold, at the Town
office, Main Road,~ Southold, New York, on May 23, 1974 on the
following appeals:
7:40 P.M. (E.D.S.T.) upon application of Leonard Trapido,
117-01 Park Lane South, Kew Gardens, N..Y. for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-30
and Bulk Schedule for permission to construct addition to dwelling
with insufficient sideyard. Location of property: S/S Carrington
Road, Lot 395, Nassau .Point, Cutchogue.
7:50 P,M. (E.D.S.T.) upon application of Paul and Jacqueline
Kelly, 101 Wallace Street, Freeport, New York,-for a variance
in accordance with the Zoning Ordinance, Article III, Section
100-30 and Bulk Schedule for permission to divide property
with insufficient width and are'a. .Location of property: N/S
Private Road, W/S Camp Mineola Road, Mattituck, bounded north
by Folly Beach Ltd. and Allen; east by B. Snyder; south by
Private Road; west by E. Hart.
8:00 P.M. (E.D.S.T.), upon application of Peter Dohrman a/c
Harold Wohl, Smith Road, Peconic, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-30,
100-31, 100-32 and Bulk Schedule for permission to construct
deck with insufficient side and rear yard. Location of property:
East side Oak Street, Cutchogue,
Heights, Mattituck.
8:15 P.M. (E.D.S.T.), upon
Lot #'s 24 and 1/2 of 25, Eugene
application of Norbert Rademacher,
1 Douglas Terrace, Woodcliff Lake, N. J~, for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-30,
100-31, "A" & "B" Bulk Schedule, for permission to rent
dwelling and reserve apartment for own use in "A" District.
Legal Notice
Page 2
Location of property: North Side Oak Avenue, Lot 9's 301, 302,
303, Goose Bay Estates, Southold.
8:25 P.M. (E.D.S.T.), upon application of Hener B. Agnew,
200 Arnold Avenue, W. Babylon, Ni~,, for a variance in
accordance with the Zoning Ordinance, Article Iii, Section 100-30
C (3) and Section 100-32 for permission to construct private
garage in front yard area. Location of property: S/S Sandy
Beach Road, Greenport, bounded north by Sandy Beach Road; east by
A. Kevowntgis; south by Sterling Creek; west by B. Haley.
8:40 P.M. (E.D.S.T.), upon application of John & Katherine
Frosina, Oaklawn Avenue, Southold, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-30
and Bulk Schedule for permission to divide and set off lot with
insufficient frontage and area. Location of property: S/S
Jockey Creek Drive, Southold, bounded north by Jockey Creek Drive;
east by other land of applicant; south by Jockey Creek; west by
John O'Keefe.
8;50 P.M. (E.D.S.T.), ~pon application of Bage Construction
Co., Inc. a/c Marshall Hansen, Southold, New York, for a variance
in accordance with the Zoning Ordinance, Article III~ Section
100-30 and Bulk Schedule for permission to reduce sideyard with
insufficient sideyard area. Location of property: Ships Drive,
Lot 13, Map of Bayview Woods (#5520), Southotd,.New York.
9:00 P.M. (E.D.S.T.), upon application of Mary and John
Capelluto, 90 Genesee Drive, Commack, N. Y., for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-30
and Bulk Schedule for permission to divide property' into two lots
one of which will have less than required width. Location of
Legal Notice
Page 3
Equestrian Avenue,
Avenue; east by R.
Midlothian Avenue.
property: North.Sea-Drive to Souna View,Avenue, Southold,
Sea Drive; east byKullman.& Jennings;
south by Sound View. Avenue, west by~A. Stollmeyer.
9:10 P.M. (E.D.S~T.)upon application of Robert R. Annison,
6010 Sound VieW Avenue- Southold, New York~ for a variance in
accordance with the Zoning Ordinance, Article VIII, Section
100-80 and Bulk Schedule for permission to construct building
with insufficient sideyards and parking requirements. Location
of property: Lot #156, Amended Map "A", Peconic Bay Estates,
E/S Main Road (Rt. 25), Arshamomaque, Greenport.
9:20 P.M. (E.D,$.T.), upon application of Frank Cichanowicz
III, Cutchogue, New York, for a special exception in accordance
with the Zoning Ordinance, Article III, Section 100-30 B-8 for
permission to house agricultural help. Location of property:
Indian Neck Lane, Peconic, bounded north by Mahnken & Pontino; east
by Indian Neck Lane; south by Geiger; west by Koraleski.
9:30 P.M. (E.R,S.T.), upon application of Tony Stefanini,
Equestrian Avenue, Fishers Island, New York, for a variance to
the Zoning Ordinance, Article III, Section 100-30 and Bulk
Schedule, for permission to divide lot with existing dwellings
with insufficient width and area. Location of property: S/S
Fishers Island, bounded north by Equestrian
Foyle; south by Midlothian Avenue; west by
9:40 P.M. (E.D.S.T.), upon application of Leon Schor a/c
Boathouse Restaurant, Manhanset Avenue, Greenport, New York,
for a special exception in accordance with the Zoning ordinance,
Article III, Section 100-30 C 6(f) for permission to erect
Legal Notice
Page 4
Greenport~
New
~ ~ ~- ~ /~roperty: S/$ Route
property of Witliam Pollert,
Any person desiring to be heard on the above Appeals
should appear at the time and place above specified.
Dated: May 10, 1974
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
PLEASE PUBLISH ONCE, May 16, 1974, A/TD FORWARD THIRTEEN (13)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies sent to the following on May 10, 1974:
The Suffolk Weekly Times
The Long Island Traveler-Mattituck Watchman
Supervisor Albert M. Martocchia
Leonard Trapido
Paul & Jacque!ine Kelly
Peter Dohrman a/c Barold Wohl
Norbert Rademaeher
Hener B. Agnew
John & Katherine Frosina
Bage Construction Co., Inc. a/c Marshall Hansen
Mary & John Capelluto
Robert R. Annison
Frank Cichanowicz
Tony Stefanini
Leon Schor a/c Boathouse Restaurant
with insufficient sideyards ~n~
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, Suffolk County, New
York, public hearings will be held
by the Zoning Board of Appeals of
the Town of Southold, at the
Town Office, Main Road, South-
old, New York, on May 23, 1974
on the following appeals: ~m
7:40 P:M. (E.D.S.T.) upon
application of Leonard Trapido,
117-01 Park Lane South, Kew
Garden, N.Y: for a variance in
accordance with the Zoning
Ordinance, Article 111, Section
100-30 and Bulk Schedule for
permission to construct addition
to dwelling with insufficient
sideyard. Location of property:
S/S Carrington Road, Lot 395,
Nassau Point, Cutchogue. ~
7:50 P.M. (E.D.S.T.) upon
application of Paul and Jacque-
line Kelly, 101 Wallace Street,
Freeport, New York, for a
variance in accordance with the
Zoning Ordinance, Article Ill,
Section 100-30 and Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: N/S Private
Road, W/S Camp Mineola Road,
Mattituck, bounded north by
Folly Beach Ltd. and Allen; east
by B. Snyder; south by Private
Road; west by B. Hart.
8:00 P.M. (E.D.S.T.), upon
application of Peter Dohrman a/c
Harold Wohl, Smith Road,
Peconic, New York, for a variance
in accordance with the Zoning
Ordinance, Article III, Section
100-30, 100-31, 100-32 and Bulk
Schedule for permission to
construct deck with insufficient
side and rear yard. Location of
property: East side Oak Street,
Cutchogue, Lot #'s 24 and 1/2 of
25, Eugene Heights, Mattituck.
8:15 P.M. (E.D.S.T.), upon
application of Norbert Rade-
reacher, 1 Doaglas Terrace, .
parking requirements. Location
af property: Lot #156, Amended
,'Map "A", Peconic Bay Estates,
E/S Main Road (Rt. 2S),
Arshamomaque, Greenport.
9:20 P.M. (E.D.S.T.), upon
application of Frank Cichanowicz,
Ill, Cutchogue, New York, for a
special exception in accordance
with the Zoning Ordinance,
Article III, Section 100-30 B-8 for
permission to house agricultural
help: Location of property: Indian
Neck Lane, Peconic, bounded
north by Mahnken & Pontino;
east by Indian Neck Lane; south
by Geiger; west by Koraleski.
9:30 P.M. (E.D.S.T.), upon
application of Tony Stefanini,
Equestrian Avenue, Fishers Is-
land; New York, for a variance to
the Zoning Ordinance, Article Ill,
Section 100-30 and Bulk Sched-
ule, for permission to divide lot
with existing dwellings with
insufficient width and area.
Location of property: SAS Eques-
trian Avenue, Fishers Island,
hounded north by Equestrian
Avenue; east by R. Foyle; south
by Midlothian Avenue; west by
Midlothian Avenue.
9:40 P.M. (E.D.S.T.), upon
application .of Leon~ Schor a/c
BoathouseRestaurant, Manhanset
Avenue, Greenport, New York,
for a special exceptioh in
accordance with the Zoning
SUFFOLK
EW YORK ss:
Whitney Booth, Jr., being duly sworn, says
the Editor, of THE LONG ISLAND
MA'VFITUCK WATCHMAN, a public news-
at Southold, in Suffolk County; and that
/hich the ~nnexed is a printed copy, hos been
;aid Long Island Zroveler-Mattituck Watch-
:h week for ..... (.~/~ , ~ ,.~..~...~...... weekX
:ommencing on the ............ ./'---~i...~.~! ............
....
................ ~..~..'..z ........... ..Iv ................... ~ .....
/
,rn to before me this ....... ~..~:.... .... day of
i2<.c. .rz ......... ,
Ordinance, Article III, Section
100-30 C 6 (f) for permission to ,/
.._~....~,L.~.~.,.:;~:, ......... ~...~,X,~.?..~;. ............
erect off-premises directional t~lot, a~
sign. Location of property: S/S
Route 25 and W/S Manhanset
Avenue on'p~perI~ o~
Pollert, Greenport, New York.
Any person desiring to be
heard on the above Appeals
should appear at the time and
place above specified.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
Dated: May 10, 1974
1T, 5/16
TOWN OF SOUTHOLD
BUILDING I~EPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y,
NOTICE OF DISAPPROVAL
Fire No .................................................................. Dote ...................................................... , 19....!..~/
To ..~:.::.~..~....~.~.:&~ ........
.... L.t..~. ..~...o....L ......... '?..~. ....~,,~.~,....... .~. . .~
.... ,~ ...... ~.,~ ....... .,~..¥,.:..,.~...~
...~..r~..,,~. ......................................... Street
~....~.:...:: .............. :..~ ........ ~, ....... : .........................................................
....................... ~:~...~..~.....:.:.::.~.....:~..~.::..:.~ .....
~TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO
D^TE .....
1 (We)Le.~:..T,,,,~,v,,.c%O ............................... of ':~O..~-'~)az, z,~'~i~'bD~'l,"~d'"," .............................
- hTam~'~'~ppe ant ~rem ana r~umeer
S, out;ho'Lct ....... ~ ............... HEREBY APPEAL TO
Municipality State /
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDI SPE OR ON
..................................... .............
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of ss~e
Street and Number Municipality State
( ) PERMIT TO USE
(-) PERMIT FOR OCCUPANCY
~. ~o~X~o~ ~ ~,~ ~o~ ;..~.~.~:.~ ....................... ~:.~.~_.,,.... ....
. ' ~ ~reet . _ Use District on Zoning.Map
...................
l~p No. kot ~o.
2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section aha Pa ar..qg~.raph of the Zoning Ordinance by number~Do not quote the O.~dinance.)
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. ~80A Subsection 3
4. PR_EVIOUS APPEAL A previ0u~ bppeal' (~,(has not) b~eefi imade with r~espect to this dec~sion
of the Building Inspector or with respect to this property.
Such~ appeal was ( ) request for a special permit
( ) request for a variance
and ~vos made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
~ A Variance to the Zoning Ordinance
( !.. O~ly a ~hin .wall 'a~ ~ig~i~ angle ~o'adJa~en~
- '- is ~uested fbr the reason th&t propeP~,r w~i'oh'WflI ~e~ ~h~ pu~os~ Of'
pro~td~' "a ~O~ at,tach, Ye set~n~-fo~"boa~ ~-ea~-'~b~ag~; I~ wo~d
be sit~ed at ~e ~hest distance from ~e ajo~ house.
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP I~bcc~use
between my house and my neighbox-~s, which is undesirable.
2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate
vicinity of this property and in thLs use. district because ....... _
this wall would add the ~finishing look~.
3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DI~TP,_!CT becaus9 .
yt-is simply a Wall~ at rtgh~
angles te the adjacent p~pe~$y~and n6t a ~tIdi~ e~ st~cture
~' along side the next -pmope~ 'and~biock~" i~' o~Fi I'
have made e~ improvements te ~ ~e, all wi~i~ ~p~
approval of my nei~bom's, ~d this requested adAitiOn wo~8
also ~the~ i~reve ~e ~uilding and add to the value of all
h~ses in the a~ea.
~ ) Ss- ~ ....
COUNTY ) '
Sworn to this ......... /: ....... ']:.] ....................... day of ....... ~ ............................................ 192 ].~
!
Notary Public
June 20, 1974
Mr. Leonard Trapido
11701 Park Avenue South
Kew Gardens, N. Y. 11418
Dear Mr. Trapido:
It has come to our attention that construction
of wall addition to your home at 205 Carrington Road
has started.
While a variance has been granted for this addition
with insufficient sideyard (Appeal NO. 1900), a building
permit is still required.
We are holding your application dated April 15, 1974
for building permit. Kindly send the fifteen dollar fee
required for addition without delay and permit will be
mailed to you.
Yours truly,
EH:mm Edward Hindermann
Building Inspector
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 7, 1999
Appl. No. 4693 - LEONARD TRAPIDO
STREET & LOCALITY: 205 Carrington Road, Cutchogue 1000-111-1-27
DATE OF PUBLIC HEARING: May 20, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property is located at the south side of
Cardngton Road, Cutchogue, and is referred to as Lot 395 on the Map of Nassau Point Properties,
Section D. The property is approximately 25,250 sq. ft. in area with 120.88 ft. along Carrington
Road, with a lot depth of 240+- feet. The parcel is improved with a single-family dwelling located
78 feet from the front property line.
A previous determination was rendered by the Board of Appeals on May 23, 1974 under Appl.
#1900 granting a variance with side yards at 15 feet and 10 feet, with the exception of a "false
wall area which shall be no thicker than one foot." The present setbacks of the dwelling with side
yards of 7.5 feet and 15 feet do not conform to the previous setbacks.
BASIS OF APPLICATION: Building Inspector's December 1, 1998 Notice of Disapproval citing
Section 100-244B with respect to an "as built" deck located on a nonconforming lot of 25,352 sq.
ft. with less than the required cumulative side yard setbacks of 35 feet (total). The setbacks are
requested at 7.5 feet and 15 feet for an "as built" storage building and wood deck.
AREA VARIANCE RELIEF REQUESTED: Applicant is requesting an open, unroofed deck at the
north end of the dwelling, having dimensions of: 11 f. at one end and 24 feet at the opposite
end, to a maximum width of 24'6".
The proposed setbacks are: (a) 11 lt. from the bulkhead to the deck steps at the northeasterly
corner; (b) 21'7"+- from the bulkhead to the deck steps at the northwesterly corner. No
encroachment into the side yards is proposed for the deck addition.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before
the Board and personal inspection, the Board makes the following findings:
(1) The granting of the area variance will not produce an undesirable change in character of
neighborhood or a detriment to nearby properties because the shed is for storage purposes and is
at one-story height, and the "as built" deck is not a fully enclosed building, and will remain open
Page 2 -3une 7, 1999
Appl. No. 4693 - L. Trapido
1000-111-11-27 at Cutchogue
and unroofed as a deck.
(2) The benefit sought by the applicant cannot be achieved by some method, feasible for
applicant to pursue, other than an area variance because the dwelling has been in its
nonconforming location for more than 40 years.
(3) The requested area variance is not substantial, representing a reduction of 2.5 feet at
the westerly side yard setback, and 2.5 ft. reduction in the cumulative side yard total.
(4) There is no evidence that the grant of the variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood or district because
the variance is for an open, unroofed deck with easy access from the dwelling, for
enjoyment of the out-of-doors without leaving the house, and an "as built" shed for
storage purposes.
(5) The alleged difficulty has not been self-created.
In considering this application, the Board deems this action to be the minimum necessary and
adequate to enable the applicants to enjoy the benefit of a storage shed and open deck addition,
while preserving and protecting the character of the neighborhood and the health, safety, welfare
of the community.
RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was
RESOLVED, to GRANT the variance, as applied for, SUB3ECT TO THE FOLLOWING CONDITIONS:
1. That there be no further reductions in either side yard;
2. That the deck remain "open to the sky" and unroofed, as applied.
Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Homing. This Resolution was duly
ADOPTED by unanimous (4-0) vote of the Board.
//GERARD P. GOEHRII~SER/
// CHAIRMAN ~
For Filing about 6/10/99