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HomeMy WebLinkAbout3484 Southold Town Board of Appeals MAIN ROAD- STATE: ROAO 25 SOUTHOLO, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEkLS Appeal No. 3484 Application Dated March 13, 1986 TO: Mr. and Mrs. Philip Bell0m0 25 J0yce Road Plainview, NY 11803 (Updated September 18, 1986_) ~~~lant (s)] At a Meeting of the Zoning Board of Appeals held on 0ct0ber 22, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2(C [ ] Request for Application of PHILIP AND ELLEN BELLOMO for a Variance to the Zoning Ordinance, Article XI, Section lO0-119.2(C) for permission to construct addition at rear of dwelling wi~h an insufficient setback from wetlands along Great Pond, at 7455 Soundview Avenue, Southold, NY; County Tax Map DiStrict 1000, Section 59, Block 6, Lot 8. WHEREAS, a public hearing was held and concluded on October 2, 1986 in the Matter of the Application of PHILIP AND ELLEN BELLOMO under Appeal No. 3484; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a Variance from the Provisions of Article XI, Section 100-119.2, subsection C, for per- mission to locate an 8' by 13'8" addition at the rear of an existing single-family dwelling structure shown by survey prepared December 12, 1980, by Roderick VanTuyl, P.C. to be setback from the cattail-area proposed at 29 feet at its closest point and 44 feet from a tie line along the shoreline along Great Pond. Plot Plan prepared by Noel Phyllis Birkby, Architect dated January 28, 1986 shows a setback of the porch extension at 50± feet from the tie line along Great Pond. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 6, Lot 8, and contains a total area of 10,321.24 square feet, more or less, and frontage along Private Road of 50.61 feet. The premises gradually widens to 93.24 feet at the rear of the premises. (CONTINUED ON PAGE TWO) DATED: orm ZB4 October 27, 1986. (rev. 12/81) CHAIRMAN, SOUTHOLD TOW/q OF APPEALS ZONING BOARD Page 2 - Appeal No. 3484 Matter of PHILIP AND ELLEN BELLOMO Decision Rendered October 22, 1986 3. Article XI, Section 100-119.2, sub-paragraph (C) requires all buildings proposed on lots adjacent to any freshwater body to be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. 4. The relief requested is 46 feet, or 61% of the requirements, which is in the board's opinion substantial. 5. It was found after inspection of th~ premises, that the contour of the land along the Pond area is shallow and prone to flooding. It was also noted that the highwater line was not depicted on the maps submitted with the application and the distances to the shoreline appeared at variance from those shown on the December 12, 1980 survey. 6. The area chosen for the proposed addition is not the most feasible and is not the minimal necessary. In considering this appeal, the board also finds and deter- mines: (a) that this project as proposed is not consistent with those generally existing in the neighborhood; (b) the relief requested is substantial in relation to the requirements, being a variance of 61%; (c) that by allowing the relief as requested, there will be a change in the character of the area, setting a precedent; (d) the circumstances are not unique; (e) the variance will in turn be adverse to the safety , health, welfare, comfort, convenience or order of the town; ~f) that in view of the manner in which the difficulties arose and in view of the above factors, the interests of justice will be served by denying the relief as requested under Appeal No. 3484. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3484 for a proposed addition with a setback of 29 feet from the edge of cattails (shown on survey prepared December 12, 1980), and. 44 feet from a tie line along the shoreline along Great Pond, BE AND HEREBY IS DENIED. Vote of the Board: Douglass and Sawicki. lk Ayes: Goehringer, Grigonis, Doyen, This resolution was duly adopted. October~27, 1986 RECEIVED AND FILED BY THE SOUTHOLD TOV~N CLE~kK Town Clerk, Town to dwellingwith an~ilutifficient comt~u~ dwelling within 75, frontyard cetback, at 230 Sailor's Lane, Cutcho~ue, NY; District 1000, Section 111, Block 14, Lot 07. 7:40 p.m, Appeal No. 3555 - SHIRLEY HOMAN. Variance to the Zoning Ordinonc~, Article III, Section 100-31 for permls- sion to construct addition to dwelling with an insufficient rearyard setback, at 160 Smith Drive, Peconic, NY; District 1000, Section 98~ Block 3, Lot 38. 7:45 p.m. Appeal No. 3554 - NORMAN AND KAREN REICH. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct dwelling with an insuffi- cient rearyard setback, at 1809 Right-of-Way offthe East Side of Rocky Point Road, East Marion, NY; District 1000, Section 31, Block 3, part of LOt 10; Kimon and Retzos Minor Subdivision #81, Lot #2. 7:50 p.m. Appeal No. 3547 - JOSEPH AND CATHERINE RIEMER. Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31, Bulk Schedule for approval of insufficient lot area, width and depth of two parcels known and referred to as Lots #96, 97, 98 and half of 99 at Peceuic Bay Estatce, Map #1124, and identified on the County Tax Maps as District 1000, Section 53, Block 4, Lot 32. 7:55 p.m. Appeal No. 3503 - GEORGE D. DAMIEN. Vari- ance requesting confirmation of Building Inspector's actions and prior Z.B.A. Decision Rendered under Appeal No. 949 of 9/1/66, recognizing two separate build- i~g lots, having insufficient area, width and depth as re. quimd by Article III, Section 100-31, Bulk Schedule of the Zoning Code. Location of Prop- erty: Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12. ..... 8:00 p m Appeal No. 3484 PHILIP AND ELLEN BEL- LOMO. Variance to the ,Zoning Ordinance, Article XI, Scctionl 100-119.21c) for permission to construct addition at rear , dwelling with an insufficient setback from wetlands aong , Great Pond, at 7455 Seundview' 'i Avenue, Seuthold, NY; County ITax Map District 1000, Section ~59, Block 6, Lot 8. . ~'~:05 p.m. Appeal No. 3552 - JOHN BENKO, Variance to the Zoning Ordinance, Article Vii, zion.to est'abJish sT ro.r permis. use tn this ',B.l,,n~,°PPmgcentsr n,.e~s Zon ng Dis, ~n?al BusL Road (aP-- area at 49295 ~Jstrict 1000 e. ?.n~¥ Tax MaD 07, Lot nj ~ .'~.'t]on 70, BJ~ feet 'Of .tidal wetlands along Spring P0~d, Orient Harbor. Lo-: cation of Property: 330 Knoll Circle, East Marion, NY; "Map of Section Two, Gardiners Bay Estates," Subdivision LOts 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, LOt 12. 8:25 p.m. Appl. No. 3487.SE - CHURCH OF THE OPEN DOOR. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)12] for permis- sion to construct and establish House of Worship with related religions activities on a five-acre tract of land referred to as Lot #3, Minor Subdivision of Salva- tore Catapeno, which received Sketch-Plan Approval 4/14/86 by the Town Planning Board. Location of Property: West Side of Main Bayview Read, South- old, NY; County Tax Map Dis- trict 1000, Section 69, Block 6, Part of Lots 8 and 2. (CmTont Owners: S. and J. Catapano). 8:45 p.m. Appeal No. 3560 - EDMUND AND JOAN PRES- SLER. Appeal from Building In- spector Notice of Disapproval dated 1/2/86 and ZBA Action #3463 dated 5/6/86, am/Vari* anc, to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule and Article VH, Sec- tion lO0.70(A)ll[(dl for permis- sion to establish a second retail/ bnsinces use in conjunction with existing nonconforming two- family dwelling and antique- sales bnsinese usc on this parcel of 68,912 sq, ft. in area and 95.44 ft. lot width, Location of Prop- erty: "ILl" Gonarul Business Zoning District, North Side of Main Road, Southold, NY; County. Tax Map Parcel No. 1000-63-3-26. The Board of Appeals will hear at said time and place all persons or repcesentativec ds~ir- ing to be heard in each of the above bastings. Written com- ments may also be submitted prior to the conclusion of the subject hearing. For more infor- mation, please cell 765-1809. Dated: September 11,'1986. ; BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS , GERARD P. GOEHRINGER, CHAIRMAN Linda Kowaleki, Board Secretary ITS25.5362 ~TATE OF NEW YORK ) ! S8: COUNTY OF SUFFOLK ) K~t-h~ri n~ Rr~nr;~ ~h.l~ of Greenport, In · ald County, being duly .worn, says that he/she le Principal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, published et Qreenport, In the Town of Southold. County of SUffolk and State of New York. and that the Notice of which the annexed Is · printed copy, has been regularly published In said Newspaper once each week for l- weeks successively, commencing on the 2 5 deyof September 19 86 Principal Clerk day of ~./x~ ~ -GNAH / ll~t Il. ~ unt Ho 4849860 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of theTown Law and the Code of the Town of Southold, the following public hearings will b~ held by the SOUTHOLD TOWN BOARD OF PEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting com- mencing at 7:30 p.m. on THURSDAY, OCTOBER 2, 1986 and as follows: 7:35 p.m. Appeal No. 3559-LEONARDUS AND MAR1E VANOUDEN- ALLEN. Variance to the Zon- ing Ordinance, Article 111, Sec- tion 100-31 for permission to construct addition to dwelliitg with an insufficient frontyard setback; at 230 Sailor's Lane, Cutchogue, N.Y.; District 1000, Section 111, Block 14, Lot 07. 7:40 p.m. Appeal No. 3555-SHIRLEY 'HOMAN. Variance to the Zoning Or- dinance, Article Ill, Section 100-31 for permission to con- struet addition to dwelling with an insufficient remTard setback, at 160 Smith Drive, Peconic, NY; District 1000, Section 98, Block 3, Lot 38. 7:45 p.m. Appeal No. 3554-NORMAN AND KAREN REICH. V~-i&nce to the Zoning Ordinance, Article 111, Section 100-31 for permission to con- struct dwelling with an insuffi- County Tax Maps as District 1000, Section 53, Block 4, Lot 32. 7:55 p.m. Appeal No. 3503-GEORGE D. DAMIEN. Variance requesting confirma- tion of Building Inspector's ac- tions and prior Z.B.A. Decision Rendered underAppeaINo. 949 of 9/1/66, recognizing two separate building lots, having insufficient area, width and depth as required by Article Ill, Section 100-31, Bulk Scheduling of Zoning Code. Location of Property: Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12. 8:00 p.m. Appeal No. 3484-PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for per- mission to construct addition at rear of dwelling with an insuf- ficient setback from wetlands along Great Pond, at 7455 Soundvlew Avenue, Southold, NY; County Tax Map District 1000. Section 59. Block 6~ Lot 8. 8:05 p.m. Appeal No. 3552-JOHN SENKO. Variance cient rear yard setback, at 1809 to the Zoning Ordinance, Arti- l~ighta:;~7~;altOt]~the East Sld~e fie VII, S~ 1~70, ~ Ar- Kimon ~d R~zos Minor Sub- General Business Zoning division No. 81, Lot No. 2. 7:50 p.m. Appeal No. 3547-JOSEPIn AND CATHERINE R1EMER. Variance to the Zoning Or- dinance, Article 111, Section 100-31, Bulk Schedule for ap- proval of insufficient lot area, width and depth of two parcels known and referred to as Lots No. 96, 97, 98 and half of 99 at Peconic Bay Estates, Map No. 1124, and identified on the District with ~sufficient lot area at 49295 Main Road (a/k/a Ackerly Pond Lane), Southold, NY; County Tax Map District 1000, Section 70, Block 07, Lot 01, containing 30,084 :t: sq. 8:10 p.m. Appeal No. 3553-EUGENE BOZZO. Variances to the Zoning Or- dinance, Articles: (I) XI, Sec- tion 100-119.2 for permission to construct dwelling with an in- sufficient setback from wetlands/tidal water along Great Peconic Bay; (2) Ill, sec- tion 100-32 to relocate accessory garage building in the frontyard area; (3) III, Section 100-31, Bulk Schedule, to construct with lot coverage of all struc- tures in excess of maximum- permitted 20 percent. Location of Property: South Side of Camp Mineola Road, Mat- tituck; County Tax Map District 1000, Section 123, Block 6, Lot 27. 8:15 p.m. Appeal No. 3557-ROBERT EGAN. Variances to the Zoning Or- dinance, Articles (1) III, Section 100-31 to reconstruct dwelling with insufficient total sideyards, insufficient (northwesterly) side yard, and insufficient front yard; (2} XI, Section 100-119.2(B) for permission to construct addition and reconstruct dwelling within 75 feet of tidal wetlands along Spring Pond, Orient Harbor. Location of Property: 330 Knoll Circle, East Marion, NY; "Map of Section Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District 1000, section 37, Block 5, Lot 12. 8:25 p.m. Appl. No. 3487-SE-CHURCH OF THE OPEN DOOR. Sp~ial excep- tion to the Zoning Ordinance, Article I11, Section 100-30(B)[2] for permission to construct and establish House of Worship with related religious activities on a five-acre tract of land referred to as Lot No. 3, Minor Subdivision of Salvatore Catapano, which received Sketch-Plan Approval 4/14/86 by the Town Planning Board. Location of Property: West Side of Main Bayview Road, Southold, NY; County Tax Map District 1000, Section 69, Block 6, Part of Lots 8 and 2. (Currem Owners: S. and J. Catapano). 8:45 p.m. Appeal No. 3560-EDMUND AND JOAN PRESSLER. Appeal from Building Inspector Notice of Disapproval dated I/2/'86 and ZBA Action No. 3463 dated 5/6/86, and Variance to the Zonfng Ordinance, Article VII, Section 100-71, Bulk Schedule and Article VII, Section 100-70(A)[lJ(d) for permission to establish a second retail/bnsiness use in conjunc- tion with existing nonconform- ing two-family dwelling and antique-sales business use on this parcel of 68,912 sq. ft. in area and 95.44 ft. lot width. Location of Property: "B-I" General Business Zoning District, North Side of Main Road, Southold, NY; County Tax Map Parcel No, 1000-63-3- 26. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above hearings. Written com- ments may also he prior to the conclusion of the subject h~aring. For more infor- mation, please call 765-1809. Dated: September Il, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-9/25/86~16)