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HomeMy WebLinkAbout3483Southold Town Board of Appeals MAIN ROAD- ~ITATIr ROAD 25 SOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3483 Application gated March ]3, ]986 TO: N. Phyllis Birkby, R.A. for MR. AND MRS. PHILIP BELLOMO 155 West 19th Street New York, NY 10011 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on June 25, ]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 ]00-32 [ ] Request for Application of PHILIP AND ELLEN BELLOMO for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage/storage building in frontyard area 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 May 22, 1986 in the Matter of the Application of PHILIP AND ELLEN BELLOMO under Appeal No. 3483; 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, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application~ appellants ~equest permission to locate a 16' by 16' accessory storage building in the frontyard area, requiring a variance from Article III, Section 100-32. The proposed accessory w%l]~be for storage incidental to the residental use of the premises and not operated for gain and is proposed to be set back three feet at its closest point to the northeasterly side property ~ine and five feet at its closest point to the southerly (front) property line along the private road. 2. The premises in question is located along the north side of a private road which extends from the north side of Sound View Avenue, Southold. The subject premises is improved with a single-family one-story frame dwelling set back 57± feet from the front property line and consists of one-quarter (.24) of an acre, more or less. The lot width of this parcel (CONTINUED ON PAGE TWO) DATED: Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3483 Matter of PHILIP AND ELLEN BELLOMO Decision Rendered June 25, 1986 varies from 60± feet along the front property line to 90± feet along Great Pond. 3. The dwelling as exists has a setback from the tie line along the shoreline of Great Pond of 47± feet. Locating this accessory building in the rearyard will require a variance under the provisions of Article XI, Section 100-119.2. In considering this appeal, the board finds and determines: (a) that the relief requested is not unreasonable and is not substantial in relation to the zoning requirements; (b) there will be no substantial change in the character of the area; (c} the circumstances of this parcel are unique; (d) the practical difficulties are sufficient to warrant the granting of a variance; (e) there is no other method feasible for appellants to pursue other than a variance; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will best be served by allowing the variance, as noted below~ Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the relief requested for permission to locate a 16' by 16, accessory storage building in the trontyard area BE AND HEREBY IS APPROVED, in the Matter of the Application of PHILIP AND ELLEN BELLOMO, Appea! No. 3483, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory building be Jocated a minimum of five feet from the easterly (side) property ~ine; 2. The accessory building be located a minimum ot 20 feet from the southerly (front) property line; 3. No sleeping or habitable quarters be permitted; 4. The accessory building not be operated for gain (such as rental for business storage, etc.) and shall be only for storage accessory to the residence; 5. Vehicle doors to face to the west or north; 6. Accessory building be limited to one-story height; structure emergency; There be no sideyard reductions on principal dwelling to allow tor sufficient access in the event of a fire 8. Proper minimum height of screening). screening along road side of building with a three feet (with hedges or evergreen-type Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk NOTICt:. GF H/~ARIN~ NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will b~ held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southnid Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MAY 22, 1986 and as follows: 7:35 p.m. Appeal No. 3399- JOSEPH AND ANN PACELLI. Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31, Balk ScJoedule' for approval of insufficient area, depth and width of three parcels referred to as Lots No. 1, 9 and 10, Map of Bayside Terrace, Southold, NY; Lot No, I located along the south side of North BayvieW Road, and Lots No, 9 and 10 located along the eastside of Sullrmer Lane; County Tax Map District 1000, Section 78t Block 9, Lots 1 and 16. 7:40 p.m. Appeal No. 3492- JOYCE TESE. Variance to the Zoning Ordinance, Article III, S~tion 100-32C, for permission to locate accessory three-car garage in frontyard area, at 800 Jackson Street, New Suffolk, NY~ County Tax Map District 1000, Section 117, Block 10, LOt 5. 7:45 p.m. Appeal No. 3498- GREENPORT N.Y. CON- GREGATION OF JEHOVAH WITNESSES. Special Excep- tion to the Zoning Ordinance, Article Ill, Section 100-30 (B)[2] for permission to construct ad- oitinn and establish same for religious, library use, at 1345 In- dian Neck Lane (a/k/a 50 Spring Lane), Peconic, NY; County %x Map District 1000, Section 86, Block 5, Lot 1. 7:50 p.m. Appeal No. 3504- GREENPORT HOUSING ALLIANCE. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate new single-farniy dwelling with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Strut, oreenport, NY; Map of Green- port Driving Park, Lot No. 369; County Tax Map District 1000, Section 48, Block 3, LOt 16. 7:55 p.m. Appeal No. 3500- NORMAN REICH. Variance to the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule for permission to con- struct deck addition with insuf- ficient rearyard setback at 655 Cedar Drive, East Marion. NY; COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that sh~ Editor, of THE LONG ISLAND -FRAVELER-WATC a public newspapel p~inted at Soulhold, in Suffolk and that the notice of which the annexed is a printe has been published in said Long Island Traveler-Wa once each week for ................. ~ ....... successively, commencing on the ........ ,,z.)7. ~ d r.~..~.J~74c~ , 19 ~ Sworn to before me this .......... 4):. ~ ........ 8:10 p.m. Appeal No. 3506- ARMANDO J. CAPPA/PORT OF EGYPF ENTERPRISES. '7 -"~'/~ Variance to the Zoning Or- ~/~. , / dhraoce, Article XI, Section ./,?~y~../~...~( .~.:~..7~... 100-119.2 (B) for permission to 'locate attached deck and Notary Public seafood holding tanks within 75' of lfigh water and bulkhead, at 62140 Main Road, Southold, NY; County ~ Map Pardi No. 1000-56-6-2; Lewis Homes Co., Inc. Filed Map No. 535, Lot 1-9 inclusiw~ 8:15 p.m. Appeal No. 3418- GRETCHEN H~IGL (Recessed from April 3, 1986). 8:20 p.m. Appeal No. 3493- WELLS PONTIAC- CADILLAC. Variances to the Zoning Ordinance, Article VI: (a) Section 100-60(C)[2](a) for permission ~o erect ground sign egceeding maximum 6'6" height requirement, and exceeding height requirement of 15'6" from ground to upper edge of sign' and {b) Section 100-60(C)[2](b)[4] for permis- sion to place wall sign with pro- jectlon of more than one foot, at 42155 Main Road (a/k/a P~0nic Lane), Peconic, NY', County 'Ibx Map District S{~tion 75, Block 1, Lot 14. 8:25 p.m. Appeal No, 3491, DONALD J. GRIM. Special Eag~tion of the Zoning Or- dinance, Article 1X, Section 100-90 for permission to con- BAKB A ICA Ft)RBES [t, tm'y Public, State of New York No. 4~ 0~38,16 (~ ii!Jibed in Suffolk County County Tax Map District 1000, strUct storage building and Sectinn 22, Block 2, Lot 41 .... ~-~ . N~. establish outstde stockpdtng of / 8:00 p.m. Appeal.No. 3483~. material uses in this "C-I" (PHJ~Ip,'i AN~' ~',,~L,[,.~.) H--~vyl'----ndust-~ialZovJngDistrict. ~ BEL?~.~O'Varian~t°lhP~g~'~ Loc~tion of Property: Lot No. I ~ng Ordmaoce, Article llll SeC-4~ ~ ca'ad n*'~ Minor Subd v s on ] lion 100-32 for permission to '~ ~o. 4~'"~ o'}'L."~. Glover, south / locate accessorygarngedstorage ,m,. ,~f Ore*on Road Cut- /building in frontyard area at /7455 Soundview Avenue,' I~':'~i'~'10~'~t~ion'~' Southold, NY; County Tax Map' J District !000, Section 59, Bloc~ 6, Lot 8. "8:~ p.m. Appeal No. 3477- 8:05 p,m. Appeal No. 3065-' JOHN M. KERBS. Variance to the Zoning Ordinance, Article 111, S~ction 100-31, Bulk Sched- ale, for approval of insufficient area of three parcels in this pro- posed four-lot minor subdivi- sion located along the south side of Middle Road (C~R. 48), Southold, NY; County 'I?ax Map District 1000, Section 55, Block ~3, Lot 3. WILLIAM AND KATHERINE HEINS, Variance to the Zoning Ordinance, Arti- cle III, Section 100-]1, Bulk $~:hedule for approval of insuf- ficient area, width and depth of two parcels in this proposed division located along the north side of Main Road, Orient, NY; Ce' "'v ~ Map Parcels No., lt. 2~5 and 6. 8:45 p.m. Appeal No. 3501- NOR'rH FORK WELDING/SCHOENSTEIN. Variances to the Zoning Or- dinance, Articles: (a) Xi, Section 100-119.2 (B) for permission to locate new building within the required 75' setback from wetlands area, (b) VI, Section 100-60 for permission to expand nonconforming use of welding business in this "B-Light" Business Zoning District located along the south side of Main Road, (S.R. 25), Greenport, NY; Coanty Tax Map Parcels No. 1000-53-2-12, 13, and 15; Lms 172, 173, 174, Peconic Bay Estates Map No. 658, and Map No. 1124 as Amended. 8:50 p.m.- Appeal No. 3471- NICHOLAS TSIRKAS (R~cess- ed from May 1, 1986). 8:50 p.m. Appeal No. 3509. HOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Article: (a) I11, Section 100-31, Bulk Schedule, for permission to con- struct addition with an insuffi- cient sideyard setback, and (b) X1, Section 100-1t9.2 (B) for permission to locate addition within 75' of ordinary highwater mark and bulkhead at 250 Blue Marlin Drive, Greenport, NY; Southold Shores Map No. 3853, Lot No. 3; County Tax Map Parcel No. 1000-564)7-21. 8:55 p.m. Appeal No. 3497- MARJORIE D. PETRAS. Variance to the Zoning Or- dinance, Article I11, Section 100-3! for permission to con- struct addition in excess of maximum-permitted 20 percent lot coverage requirement at 700 Koke Drive, Southold, NY; County 'Fax Map Parcel No. 1000-87-54)06. 9:05 p.m. Appeal No. 3507- NICK THEOPHILOS. Variance to the Zoning Ordinance, Arti- cle XI, Section 100dI9.2(A) i~r permission to locate swimming pool with deck and fence enclosure within 100' of bluff area along Long Island Sound, at 2200 Sound Drice, Greenport, NY, Lot No. 118~ Map of Eastern Shores, Section 4, County Tax Map Parcel No. !000~33-1-16. 9:10 p.m. ~ppeal No. 34:58- NORTH ROAD' ASSOCIATES. Variance to the Zoning Or- dinance, Article I11. Section 160-31 [or Article XIII. Section 100-136(E)] for approval of three parcels having insufficient area. and proposed Parcel No. 3 haw ing insufficient depth, located on private right-of-way off the north side of Main Road (S.R. 25), Orient, N.Y.; County Tax Map Parcel No. 1000-018-4-1 (1.1). 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 be submitted prior to the conclusion of the hearing in question. For more information, please call 765-t809 (alt. 1802). Dated: April 16, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEIIRINGER, CHAIRMAN IT-5/15/86(12) NOTICE IS HEREBY GIVEN, m~rsuant to Section 287 of the ~ lown Law and the Code of the ?own of Seuthold, the following ~ ~mblic hearings will be held by ;be sOUTHOLD TOWN BOARD OF APPEALS at the Southoid Town Hall, Math Road, ~ouLLold, NY at a Regular Meet- m~ commenting at 7:30 p.m. on -'~UIRSDAY MAY 22, 7:35 p.m. Appeal No~i99 -' JOSEPH AND ANN PACELLI. Variance to the Zen- mg Ordinance, Article IH, Sec- t.m 100-31, Bulk Schedule, for ,pproval of insufficient area, depth and width of three parcels' rel~rred to as Lot~ No. l, 9 and 10, Map of Bayside Terrace, Southold, NY; Lot No. 1 located along the south side of North Bayview Road, and Lots no. 9 and ~,c. 10 located along the east side ¢,f Summer Lane; County Ta~ Map District 1000, Section 78~ B~ock 9, Lots ! and 16. 7:40 p.m. Appeal No. 3492 - JOYCE TESE. Variance to the Zoning Ordinance, Article III, Section 100-32C, for permission to locate accessory three-car gar- ~ge in frontyard area, at 800 Jackson Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 10, Lot 7:45 pm. Appeal No. 3498 - GREENPORT N.Y. CONGRE- GATION OF JEHOVAH WIT- NESSES. Special Exception to the Zoning Ordinance, Article Iii, Section 100-30(B)(21 for per. mmmon to construct addition and establish ~ame for religious, li- brary use, at 1345 Indian Neck Lane (u~l</~ 50 Spring Lane), Peconic, NY; County Tax Map District 1000, Section 86, Block 5, LOt1. 7:50 p.m. Appeal No. 3504 - GREENPORT HOUSING AL- LIANCE. Variance to the Zen- mg Ordinance, Article III, Sec- tion 100-31 for permission to Io- cate new single-family dwelling with insufficient total sideyards and insufficient northerly ~ddeyard at 1300 Seventh Street, Greenport, NY; Map of Green- port Driving Park, Lot No. 3B~; County Tax Map District 1000, Section 48, Block 3, Lot 16. 7:55 p.m. Appeal No. 3580 - NORMAN REICH. Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Sehedule for permission to coo- street deck addition with insuffi- cient rearyard setback at 655 County Tax Map District 1000, Section 22, Block 2, Lot 41. ~ 8;00 p.m. Appeal No. 3483 .~x~ PHILIP AND ELLEN BEL- LOMO. Variance to the Zoning Ordinance, Article RI, Section 100-32 Iht permission to locate. acct.ssory garage/storage build- ng m fl'ontyard area at 7455 Seundview Avenue, Seuthold, NY; County Tax Map District I O00, Section 59, Block §, Lot g. ~ 8:05 p,m. Appeal No. 30~5 . JOHN M. KERBS. Variance to the Zoning Ordinance, Article I11, Section 100-31, Bulk Scbedule, for approval of insuffi-. cient area of three parcels in this~ proposed four-lot minor eubdivi. sion located along the south side of Middle Road (CR. 481, South. old, NY; County Tax Map Dis. trict 1000, Section 55, Block Lot 3. 8:10 p.m. Appeal No. 3506 ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISES.. Variance to the Zoning Ordi- nance, Article XI, Section 100- 118.2(BI for permission to locate f~ttached deck and seafc~l hold- mg tauks within 75' of high wa~er and bulkhead, at 62140 Main Road, Southold, NY; County Tax Map Parcel No. ground to upper edge of sign; and lb) Section 100-60(C)(21(b)(41 for permission to place wall sign with projection of more than one foot, at 42155 Main Road 20 peconic Lane), Peconic, NY; County Tax Map District 1000, Section 75, Block 1, Lot 14, 8:25 p,m. Appeal No. 3491 DONALD J. GRIM. Special Ex- ception of the Zoning Ordinance, Article IX, Section 100-90 for permission to construct storage building and establish outside stockpiling of material uses in this "C-I" Heavy Industrial Zen, lng District. Location of l~'op- erty: Lot No. 2, (Pending) Minor Subdivision No. 450 of L.B Glover, south side of Oregon Road, Cutchogue; County Tax Map District 1000, Section 83, Block 3, Part of Lot 4.4, contain- lng 4.59 acres. 8:30 p.m. Appeal No. 3477 - KATHERINE AND WILLIAM HEINS. Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule for ap- proval of insufficient area, width and depth of two parcels in this proposed division located along the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. 8:45 p.m. Appeal No. 3501 - NORTH FORK WELDING/ SCHOENSTEIN. Variances to the Zoning Ordinance, Articles: ia) XI, Section 100-119.2(B) for permission to locate new build- ing within the required 75' set- back from wetlands area, lb) VI, Section 100-60 for permission to expand nonconforming use of welding busines~ in this "B- Light" Business Zoning District located along the south side of Main Road, (S.R 25L GreenpoH, NY; County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay Es- totes Map No. 658~ and Map No. 1124 as Amended. 8:50 p.m. Appeal No. 3471 - NICHOLAS TS1RKAS/Rece~- sad from May 1, 19861. 8:50 p.m. Appeal No. 3509 IIOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Articlet tel III, Section 100-31, Bulk Schedule, for permission to con- struct addition with an insuffi- cient sideyard setback, and XI, Section 100-119 2lB) for per mission to Locate addition within 75' of ordinary higbwater mark and bulkhead, at 250 Blue Mar- lin Drive, Greenport, NY; South old Shores Map No, 3853, Lot No 3; County Tax Map Parcel No 8:55 p,m. Appeal No. 3497 MARJORIE D. PETRAS. Variance to the Zoning Ordi- nance, Article III, Section 100-31 for permlsswn to construct add - tion in excess of maximum-per- mittod 20 percent lot coverage re- quirement, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 9:05 p.m.. Appeal No. 3507. NICK THEOPHILOS. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2(A? for permission to loctite swim- ming pool with dt~k and fence ai ea along Long Island Sound~ at NY; Lot No. 1 ld, M~p of Eastern STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Iteather Cusack ofGreonport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greonport, in tho Town of Southold, County of Suffolk and State of Nuw 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 __~ S day of May 8 6 19 Principal Clerk / Sworn to befo~o~ me this ~-v-~- day of .... ~/~_(~t.~ 19~2 /