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HomeMy WebLinkAbout3571Southold Town Board of Appeals MAIN ROAD- STAT£ ROAD 25 SOUTHOI-D. L.I.o N.~. 11c~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 357] Application Dated October 22, ]986 TO: Mr. and Mrs. Joseph Best P.O. Box 609 Mattituck, NY 1]952 At a Meeting of the Zoning Board of Appeals held on December ]], ]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 IX] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2 [ ] Request for Application of MARGARET AND JOSEPH BEST for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition at the southerly side of existing building with insufficient setback from the bulkhead along tidal water area and insufficient setback from the rear property line at premises located on the south side of a 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 Novem- ber 20, 1986 in the Matter of the Application of MARGARET AND JOSEPH BEST under Appeal No. 3571; 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 for permission to construct a 14' by 33' addition at the rear of the existing two-story frame dwelling leaving an insufficient setback from the existing bulkhead to the south at not less than 29 feet. The existing setback is shown to be at 43 feet. The addition is proposed for a heated porch and additional kitchen area. 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 (CONTINUED ON PAGE TWO) DATED: December ll, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3571 Matter of MARGARET AND JOSEPH BEST Decision Rendered December 11, 1986 premises is more particularly 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 bulk- head; (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 XI, Section 100-119.2, subparagraph (B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 4. The Courts have held that the area setback variances must meet the "practical difficulties" standard, considering as follows: (a) that the relief requested is not substantial in relation to the requirement; (b) that the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and are not personal in nature; (d) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) that the varia.nce requested is the minimal necessary; (f) there is no other method feasible for appellants to pursue other than a variance. 5. It is the opinion of the board that the relief requested is not the minimal necessary under the circumstances; however, the circumstances of the property and existing dwelling's location are unique, leaving no other method feasibl~e for appellants to pursue. 6. It i's noted for the record that by action taken simultaneously herewith under Appeal No. 3573, an amendment of prior Appeal No. 3551, this Board granted a conditional area variance fQr a new accessory garage in the frontyard, with restriction as to the setbacks from the front and west side property lines, as noted therein. In considering this appeal, the board also finds and determines: (a) that the project as proposed is not out of character with the neighborhood; (b) the relief requested is not substantial in relation to the existing dwelling set- back, although the relief requested is substantial in relation to the requirements [being a variance of 60% from the 75-foot requirement]; (c) the circumstances of the property are unique; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) there is no other method feasible for appellants to pursue other than a variance; (f) there will be no substantial detriment t° adj°ining pr°perties; (g)in vilew I--l' of the manner in which the difficulties arose and in viewrof the above factors, the interests of justice will be serve~ by granting the Variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded~by Mr. Sawicki, it was RESOLVED to APPROVE an 12' by 33' wide addition a the south end of existing two-story dwelling, leaving an insufficient setback at not less than 31 feet from existillg bulkhead - Matter of MARGARET AND JOSEPH BEST under Appeai Vote of the Board: Ayes: Messrs. Goehringer, Do~en,i!i~ Douglass and Sawicki. (Member Grigonis was absent due t illness.) This resolution v~as d.uly adopted. lk Legals NOTICE OF HEARING~ 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 be held by the ~ Main Road, Soutbold, NY at a Regular Mesting commencing at 7:30 p.m. on THURSDAY, 7:35 p.m. Appeal Ho. 3573- ~.-_ ~- ~ -, - i: - lffiffZ_ Variance to the'Zoning ORIllflnce, Article II1, Section 100-32 for permission to locate ~ccessory ~ara~e structure in the frontyard area at premises located on the south side of a private right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-06-17. '-.. ~' 7:40 p.m. Appeal No. 3571- MARGARET AHD JOSEPH ~ ii%fiance to the Zonlug Ordinance, Article X1, Section 100-119.2 for permission to con- struct addition at the southerly side of esisfing dwelling with in- sufficient setback from the existing building for storngc and arC. of contlactor's machinery. quipment. Location of Property: West Side of ~abor Road. Orient, NY; County ~ Map District, 1000, Section 18, Block 05, Lot 12. "B-Light" Business Zoning District. 8:20 p.m. Appeal No. 3552- JOHN SENKO. Re~onvene hearing com:erning Variance for shopping center use in this B-I General Business Zoning District containing 30,084 sq. ft. in lot area. Location of Proper- ty:IntersectionofAckerlyPond .ong Island Traveler-Watchman Lane and North Side of Main ............. /.. .... weeks Road. Southol0., NY; County Tax Map District, 1000, Section 70, Block 7, Lot 1. '8:40 p.m. Appeal No. 3574- N~ Variance to the Zoning Ordinanc~ Arti- cle 111, Sections 100-30 and 100-32, and Article X1, Section 100-119.2, for permission to construct storage building with an insufficient set-back ~ sworn, says that she is the ND TRAVELER-WATCHMAN, t Southold, in Suffolk County; the annexed is a printed copy, from bluff along Long Island Sound for storage purposes ac. cessory and incidental to the ex- . ............ d ay o f isting dwelling adjacent to these premises. Location of Proper- ties: Lots No. 3 and No. 2, Map , '1 9 . ~.. of Vista Bluff No. 5060; North Side of Glen Court, Cut- chogue, NY; County lhx Map District, 1000, Section 83, Block 1, Lots 9 and 8. .~..~.~.Z~-. ~.~..~,~. ........... 8:55 Appeal No. 3562- ANA bulkhead along tidal water area G. STILLO. Variances: (1) to the · · ' Zoning Ordinance, Article III, and ~nsufficlent setback from ~ . . ,. ~ Secuon 100-31, for approval of the rear property une at t . . . ...... ~ insufficient lot area, w~dth and prermses locatea on me souru \ . . · 'v ' depth of three parcels m thts side of a pn ate right-of-way ex- \ . . . .. in ff h i pending Minor Subdivision, and tend g o t e east sdc of · (2) to New York Town Law, Sec- Cam~ Mmeola Road, Mat- \(. ~ ' ~",' -~/". ~".'~-:~ ^..'~'~ "'~' ,bver private right-of-way exten- ........... ~./ding from the north s~de of ~:n~ p.m. Appea! ~o. ~na .... ~TAMATIOS AN, D A,LE,NI Mare Road to the premises RAPANAg. I~. Special Excep- question. Location of Property: tion~t'O theZonhtg Ordinance, to At' the north end of private establish one accessory apart- right-of-way (along lands of merit in the existing dwelling Brokaw), North Side of Main structure in accordance with the Road, Orient, NY; County Tax requirements of Article I11, Sec- Map District, 1000, Section 14, tion 100-30(B) subsection [15]. Block 2, Lot 26, containing 3.2 Location of Property: 2030 acres total. Boisseau Avenue, Southold, NY; 9:05 p.m. Appeal No. 3519- County Tax Map District, 1000, STEVEN SANDERS & ANO. Section 55, Block 6, Lot 40· Variance to the Zoning Or- 7:50 p.m. Appeal No. 3569- dinance, Article III, Section BOATMEN'S HARBOR 100-31 for approval of insuffi- cient lot area, width and set- MARINA: Variance to the Zon- ing Ordinance, Article XI, Sec- hacks in this pending set-off tion 100-119.2 for permission to division of land. Location of construct addition to existing Property: Private Right-of-Way dwelling with an insufficient set- located off the north side of Bay back from existing bulkhead. View Avenue, Mattituck, NY; Location of Property: 3350 West County Tax Map District, 1000, Creek Avenue, Cntchogue, NY; Section 106, Block 06, Lot 36. County 'lhx Map District 1000, The Board of Appeals will Section IlO, Block 01, Lot 12. hear at said time and place all 7:55 p,m. Apl~al' No. 3572d persons ot~epresenmtivesd~str- MICHAEL AND JoYcE ingto be~heazdih each'ofT, he M~'ITFES. Special Exception to above hearings. Written com. the Zoning Ordinance, Article ments may also be submitted III, Section 100-30-(B)[16] for prior to the conclusion of the permission to establish "Bed subject hearing. For more infor- · and Breakfast Use~' "an owner- mation, please call 765-1809. occupied building, other than a Dated: November 3, 1986 hotel, where lodging and BY ORDER OF THE SOUTHOLD TOWN breakfast is provided for not more than six casual, transient BOARD OF APPEALS roomers, and renting of not GERARD P. GOEHRINGER, more than three rooms."Loca- CHAIRMAN tion of Property: 50 Lathers Linda Kowalski, Road, Mattituck, NY; County Board Secretary Tax Map District, 1000, Section 1T-11/13/86(1) 113, Block 03, Lot 7. 8.'00 p.m. Appeal No. 3565- FRANK FIELD REALTY INC. Variance to the Zoning Or- dinance, Article Ill, Section 100-3 for permission to establish two-family dwelling use on a parcel of land containing less than 160,000 sq. ft. in area, 270 ft. lot width, 400 ft. lot depth, and with insufficient frontyard, sideyard, and rearyard setbacks. Location of Property: 320 Lin- octt Street, Oresnport, NY; Map of Greenport Driving Park No. 369, Lots No. 71 and No. 72; County Tax Map District. 1000, SectiOn 48, Block 2, Lot 36A. 8:05 p.m. Appeal No. 3566-SE. F~ ~ Special Excep- tion to the Zoning Ordinance, Article Ill, Section 100-30 (B)for permission to establish two- family use at premises referred port, NY; Map of Greenport Driving Park No. 369, Lots No. 71 and 72; County ~ Map District, 1000, Section 48, Block 2, Lot 36.1. 8:10 p.m. Appeal No. 3570-SE- PAUL HENRY. Special Exception ~o the Zoning Ordinance, Article Ill, Section 100-30(B)[16] for permission to establish "Bad and Breakfast Use;" "an owner-occupied building, other than a hotel, y Public ARBARA F@RBES Pu~!i:, S~.ate of New York sion Expires ~/~/.,~ ~/ 19 ~ Legal Notices NOTICE OF REARINGS NOTICE IS HEREBy GIVEN, pursuant to Section 267 of the Town Law and the Code of ~he Town of Southold, the follow- lng public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road. Seuthaid, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, NOVEMBER 20, 1~6 and as follows: 7:35 p.m. Appeal No, 3573 - MARGARET AND JOSEPH BEST. Variance te the Zoning Ordinance, Article III, Section 100-32 for permission to mcate accessory garage structure in the frontyard area at premises located on the south side ofa pri- vats right-of-way extending off the east side of Camp Mineala Road, Mattituck. NY: County Tax Map Parcel No. 1000-123- 06-17. ,_ f 7:40 p,m. Appeal No, 3571 BMiARGARET AND ~IOSEPH BI/I/T. Variance to the Zoning ~ Ordinance, Article XL Section I 100-119.2 for permission to con- struct addition at the souther y x~ side of existing dwelling with ! sufficient setbacl~ from the bulk- head along tidal water area and it~ufficient setback from the rear property line at premises cared on the south side of a pri- vate right-of-way extending off the east side of Camp Mineola Road, Matt/tuck, N~; Cua_nty 06-17 7:45 p.m. Appeal No. 3568 - §TAMATIOS AND ALENI RAPANAKIS. Special Excep- tion to the Zoning Ordinance. establish one accessory apart. ment m the existing dwelling structure in accordance with the requirements of Article III. Sec- tio~ 100-30 B~ subsection [15]. Locatton of Property: 2030 Bois- seau Avenue, Southold. NY; County Tax Map District 1000. Section 55, Block 6, Lot 40. 7:50 p.m. Appeal No. 3569 - BOATMEN'S HARBOR 'R[NA. Variance m the Zoning Ordinance, Article XI. Section 100-119.2 for permission to con~ struct midi~tian to existing dwell. lng with a~ insufficient setback From exilting bulkhead. Lacs. tion of PmPorty: 3350 Creek Avenue, Cutohague, County Tax Map District 1000, Section 110, Block 01, Lot 7:55 p.m. Appeal No. 3572 - MICHAEL AND JOYC~ MA'I-I'E$. Special Exception to the Zoning Ordinance, Article HI, Section 100-30-tB)/16I for permission to establish "Bed and Breakfast Use," "an owner-scut. pied building, other than a hotel. where lodging and breakfast is provided for not more than six casual, transient roomers, emi renting of not mom than ~hre~ two-family dwelling use on a parcel of land containing less than 160.C ~q. ft. in area. 270 ft. lot wic 400 ft. lot depth, and with insufficient frontyard, sideyard, and rearyard setbacks. Location of Proper~y: 320 Lin- nett Street, Greenport, NY: Map of Greenpert Driving Park #369, Lots #71 and ~72; County Tax Map District 1000, Section 48, Block 2, Lot 36.1. / 8.~p,m. Appeal No 3566.SE FRAi~ ~ REALTY. IN~. ~gl Exception to the. Zomng Ordinance, Article IIL Section 100.30lB) for permissio~ ~o esuablish two-family use at. reinstate m £Ul] the 1969 Vari- ance 'conditionally approved under Appeal No. 1261). permit- ting the use of a 5,600 sq. ft. existing building for storage and repair of contractor's machinery and equipment. Locatam of Property: West Side of Tabor Road. Orient, NY: County Tax Map District I000. Section t8. Block 05, Lot 12. "B-Light" Busi- nes,~ Zoning Distr. ict, 8:20 p.~h~/~Pp~lr ~0 3,552 -- JOHN SEN~O. ru~eonvene hearing concerning Variance for, .shoFping cantor asa in this B-] General Business' Zoning Dis- trict ~ontaining 30~4 ~q. R. in premises referred to as 320 Lin- lot area. Location nett Street, Greeni?~.rt, NY~ of Property: y~of Greanpert Dr~vmg Park Intersection o4' A,~erly Pond Lane ami North 8de 9f Main 9'L°ts#7~land~72;('~annty> ~ Rm~d:, 8outhold; C~.anky Tax , ome~2,1~t~l. ~ · -. coPtlontoUmZouingOrd{na~ce,% OiL JO~ LOi~O for permission to establish "l~d 1 rude 111~ ~,1~30 and Breakfast Use," oan owner~ 00*32, and A~ie~iXl~ Section occupied building, other tha~ ~ 100-119.2~ for pe~q~io~to con- hotel, where lodging ambla'uak, struct storage buiidia ~With an rooms." Location 5fProperty: 50 Luthers Road, Matt/tuck, NY; County Tax Map District 1000, Section 113, Block 03~ Lot 7. 8:00 p,m, Appeal No. 3565 - FRANK FIELD REALTY Application to withdraw Vari- INC, Variance to the Zonin- Or 8:S&.O ~. Ap0eal -inance ' ~ - ance conditiona y a~proved · ~,. ~'~J~! ~IILi~.c~.L -~.~- ~.d~ ~.~, .......... LLO. si, gar perlffHss~on to establish -~, ~o, a~o to> ticle ~ ~t/o~n~ fast is provided for r~t more. insufr~ient setback f than six casuai,.~tsient room. along Long Island three rooms." Location of Pr~, incidental to the eaisU erty: 236 tf~t'.~ C tL 48t Nm'l~.~ lng ~djasent to these Roa~d, at interseCt/on wl~ Lacet~on of Propertie~ McCann Lane, Gseenport, I~; and '~,2, Map of County Tax, Map District 1000, dL~.0~; North Side Section 033, Block 05, LOt 13,1; Court, Ctfl~hi~ue, N 8:15 p.m. Appeal No. 3576 - Tax Map .Dil~rict BARBARA D. SCHRIEVER; 83, Bloek 1, Lots 9 am wa bluff un,d for or~ and ~g dwell- raises. ~to ~ Bluff kf Glen. County Sect/on provfll of msufi]cient lot area. width and depth of three parcels rn this pending Minor Subdivi- stun, and 12~ to New York Town Law. Section 280-a for anoroval of access over private right-of. way extending from the north side of Main Road to the prem~ ~ses in question. Location of Property: At the north end of private right-of-way (along lands ~f B. BrokawL North Side of Main Road. Orient, NY: County Tax Map District 1000. Section I4, Block 2, LOt 26. con- raining 3.2 acres total. 9:0,5 p.m. Appeal No. 3519 STEVEN SANDERS & ANS. Variance to the Zoning nance. Article III, Section 31 for approval of insufficient lot area, width and setbacks in this pending set-off diwmon of land~ Location of Property: Private Rights,f-way located off the north side of Bay View Avenue. ~Mattituck, NY; County Tax Map District 1000, Sect/on 106, Block 06, Lot 36 The Board of Appeals will~ hear at said time and place all persons or rePresentatives desir- ing to be heard i~ each of the above hearings. Written com. mente may also be submitted prior to the COnclusion of the subject hear ng For more .~ mat]m% Idease cai 1765-1809. Dated: November 3. 1986. BY ORDER OF THE SOUTHOLD I'OWN BOARD OF APPEALS GEP~RD p. GOEHRINGER, k~3562 - CHAIRMAN ~riances: Linde Kowalski. ~- Board Secretary ·FATE OF NEW YORK ) ) 88: COURTy OF SUFFOLK ) Uarol ~gar lai:a of Oreenport, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, s Weekly Newspaper, published et Greenport, in tho Town of Southold, Counw of Suffolk and State of New York, and that the Notice of which the annexed 18 a printed copy, has been regularly published in said Newspaper once each week for one weeks succ~ivety, commencing O~e T day of aovemoer ~9_ PrJn~l Clerk Sworn to before ~e this ~-~ dayof ~