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HomeMy WebLinkAbout3551 Southold Town Board of Appeals MAIN ROAD- STATE ROAD "~5 SOUTHOLD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 355] Application Dated August 22, ]986 TO: Mrs. Margaret Best ROW off Camp Mineola Road, Box 609 Mattituck, New York 11952 [Appellant(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 III , Section ]00-32 [ ] Request for Application of MARGARET BEST AND ADLYN SYVERSON for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage/storage building in the frontyard area, at premises located on the south side of private right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-06-17. WHEREAS, a public hearing was held and concluded on Septem- ber 11, 1986 in the Matter of the Application of MARGARET BEST AND ADLYN SYVERSON under Appeal No. 3551; 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 III, Section 100-32 for permission to locate an accessory 22' by 30' garage structure in the front yard area as shown by sketched survey received September 18, 1986. The distances proposed from the southerly side of the private 50' right-of-way is 362 feet, from the westerly side property line 6½ feet, from the existing two-story frame house 123'6" and on an angle to the northwest from the existing cottage structure 56± feet. 2. The premises in question is a described parcel containing a total area of 1.3± acres, with 89 ft. frontage along the private right-of-way and an average depth of 597 feet to the rear property line along Peconic Bay. The subject premises is more particularly (CONTINUED ON PAGE TWO) DATED: October 27, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3551 Matter of MARGARET BEST AND ADLYN SYVERSON Decision Rendered October 22, 1986 identified on the Suffolk County Tax Maps as District 1000, Section 123, Block 6, Lot 17 and is improved with the following structures: (a) two-story frame dwelling, overall dimensions 36.4' by 36', set back from the existing wooden bulkhead 43± feet; (b) one-story 20' by 32' accessory cottage structure, set back 132± feet from the bulkhead; (c) 8.3' by 12.3' accessory framed shed set back 2.8 feet at its closest point from the easterly side property line; (d) 12.2' by 20.2' framed accessory stable structure set back 21.7 feet at its closest point from the easterly side property line. 3. Article III, Section 100-32 restricts accessory structures to the rear yard area. The board finds placing this proposed accessory garage structure in the rear yard area would not be feasible due to the provisions of Article XI, Section ]00-119.2 which prohibits new construction within 75 feet of a tidal water body. 4. It is the opinion of the board that there is no other method feasible for appellants to pursue other than a variance and therefore the accessory structure should be located in the frontyard area, as noted below. 5. The proposed accessory garage structure shall be used only for garage and storage purposes accessory and incidental to the residential use the premises and not for sleeping or living quarters. In considering this appeal, the board also finds and determines: (a) that the project as proposed is not out of the character with the neighborhood; (b) the relief requested is not substantial; (c) the circumstances of the property are unique; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, con- venience or order of the town; (e) there is no other method feasible for appellants to pursue other than a variance; (f) there wilt be no substantial detriment to adjoining properties; (g) 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 granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to approve the location of a 22' by 30' accessory garage structure in the frontyard area in the Matter of MARGARET BEST AND ADLYN SYVERSON under Appeal No. 3551, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be a minimum setback from the westerly side property line at 25 feet (or more); 2. There be a minimum setback from the northerly property line at 275 feet (up to 325 feet, maximum); 3. This structure be used only for garage purposes accessory and incidental to the residential use of the premises and not to be operated for gain or living or sleeping quarters. Vote of the Board: Ayes: Grigonis, Douglass and Sawicki. adopted. iiECEIVED AND FILED BY 1 THE SOUTHOLD TOVV~ cr.w. RK Tqwn Cl.,erk Town of Southold~ Messrs. Goehringer, Doyen, This resolution was duly GERARD P. GOEHRINGER, CHAIRMAN Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11cJT1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 355] Application Dated July 25, ]986 TO: Mr. Peter Capone, President Rial Realty Corporation 20 Audrey Avenue Oyster Bay, NY 11771 [A~el_!ant (s) ] At a Meeting of the Zoning Board of Appeals held on 0ct0ber ]0, ]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 [X] Request for Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule A-80 [ ] Request for Application of RIAL REALTY CORP. for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot width of three proposed parcels in this pending minor subdivision located at the northerly end of proposed right-of-way extending from the north side of Oregon Road, Mattituck, NY; County Tax Map Parcel No. 1000- 95-1-3. Containing 47.0520 acres total. WHEREAS, a public hearing was held and concluded on September ll, 1986 in the Matter of the Application of RIAL REALTY CORP. under Appeal No. 3551; 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. The premises in question is a described parcel containing a total acreage of 47.0520, located along the (north)west side of Oregon Road, Mattituck, with a frontage (lot width) of 536.58 feet, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 95, Block 1, Lot 3. 2. The subject premises is improved at the most end with a single-family 2½-story frame dwelling, and sory buildings located in the rear y~rdar~a. southerly four acces- 3. By this application, appellant requests approval of the proposed insufficient lot width of Lots #1 and #2 of 150 feet and of Lot #3 of 163 feet. The proposed lots will contain a minimum lot area of 94,770 sq. ft., all as shown by minor subdivision map dated January 30, 1986, revised March 20, 1986, prepared by Peconic Surveyors and Engineers, P.C. DATED: October 10, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3551 Matter of RIAL REALTY CORP. Decision Rendered October 10, 1986 4. Article III, Section lO0-31, Bulk Schedule, Column "A-80" of the Zoning Code requires a minimum lot width of 175 feet. The percentage of relief requested in relation to this requirement is 15% for proposed Lots 1 and 2, and seven percent for proposed Lot #3. In considering this appeal, the board also finds and determines: (a) the character of the land and circumstances are unique; (b) the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (c) the practical difficulties are sufficient; (d) there will be no substantial detriment to adjoining properties; (e) the difficulty cannot be obviated by some method feasible for appel- lant to pursue other than a variance; (f) the relief requested is not substantial; (g) that in view of the above factors, the interests of justice will best be served by granting the variance, as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3551 in the Matter of the Application of RIAL REALTY CORPORATION of insufficient lot width of 150 feet for Lots #3 and #2, and 163 feet for Lot #1, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: l. No disturbance of land within the 50-ft. distance shown along the 49.5' contour line of proposed Lot #1; 2. The dimensions of the lots shall be as shown by minor subdivision map lastly revised July 21, 1986; no lot-line changes shall be permitted. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This reoslution was duly adopted. lk ///GERARD P. GOEH~NGER, J;4~AIRMAN October 13, 1986 ~ECEIVED AND FILzD ST THE SOUTHOLD TOWN CLLqI~ DATE © /~"~'~ HOUR ~Zoo ~ Town Clerk, Town of ~ ,-outho!d NOTICE OF ADDITIONAL HEARING(S) NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow.- lng public hearing will be held in addition to those previously advertised before the SOUTH- OLD TOWN BOARD OF AP- PEALS at the Southold Town Hal/, Main Road, Southold, NY at a Regular Meeting on THURSDAY, SEPTEMBER 7:45 p.m, Appeal No. 3551 MARGARET BEST AND ADLYN SYVERSON for a Variance to the Zoning Ordi- nance, Article III, Section 100- 32 for permission to locate acces- sory garage/storage building in the frontyard area, at premises located on the south side of pri- vate right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123- Dated: August 23, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary (516) 765-1809 1TS4-5342 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Katherine Bondarchuk of Greenport, ln 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 end State of New York, and that the Notice of which the annexed is e printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the 4 dayof Rept-~mb~r 19 86 Principal Clerk Sworn to bef re me th' day of ~ /?'"' / / / /--~ MARY K. DEGNAN TY OF SUFFOLK STATE OF NEW YORK ss: NOTICE OF ADDITIONAL HEARING(S) NOTICE IS HEREBY GIVEN, pursuant to S~ction 267 of the Town Law and the Code of the Towi~ 'of Southold, the following public hearing will beheld in addition to ,those previously advertised before tlie · SOUTHOLD TOWN BOARD · ! OF APPE,4,L,S at the Southold · To~n Hal!,¢Main Road, Southold, NY at a Regular Meeting on THURSDAY, SEPTEMBER I1, 1986: 7:45 p.m. Appeal No. 355 I-MARGARET BEST AND ADLYN SYVERSON for Variance to the Zoning Or'- dinance, Article 111, Section 100-32 for permission to locate accessory garage/storage building in the frontyard area, at premises located on the south side of private right-of-way ex- tending off the east side of Camp Mineola Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-123-06-17. Dated: August 23, 1986. BY O3.DER OF THE SOUTHOLD TOWN BQARD OF'APPEALS, GERARD P. GOEHRINGER, CHAIRMAN ' Linda Kowalski, Board Secretary (516) 765-1809 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-Watchman once each week for ................... .,ff. ...... weeks successively, commencing on the ........... .~'7..c~..~'. ..... Sworn to before me this ........... :. ........ day of Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk. County Conmission Expires ~g,~y