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Home My WebLink About3469 uthold Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3469 Application Dated February 20, 1986 TO: Mr. and Mrs. Warren Brady 3500 Private Road #13 Mattituck, NY 11952 (Public Hearing 4/3/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 28, 1986, 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 WARREN AND MARY BRADY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory barn in the frontyard area, at premises referred to as 3500 Private Road #13, off the north side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-105-01-5. WHEREAS, a public hearing was held on April 3, 1986, in the Matter of the Application of WARREN AND MARY BRADY under Appeal No. 3469; 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 recorded and transcribed; 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. The premises in question is located along the north side of a private right-of-way (partly traveled) known as Private Road #13 which extends off the north side of Bergen Avenue, Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 105, Block 01, Lot 5. 2. The subject premises consists of a total area of five acres, with frontage along the private right-of-way of 200 feet and lot depth of 1086± feet extending in a northerly direction to the (CONTINUED ON PAGE TWO) DATED: June 2, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3469 Matter of WARREN AND MARY BRADY Decision Rendered May 28, 1986 Long Island Sound. The premises is improved with a single-family dwelling set back very closely to the bluff along the Long Island Sound. There are two accessory buildings as follows: (a) 28' by 20' and (b) 16' by 30', both for storage purposes incidental to the existing dwelling and not operated for gain. 3. By this application, appellants request permission to locate an 30' by 48' accessory barn/storage structure landward of the existing dwelling in the front yard area 100 feet from its front (southerly) property line, 52 feet from the west property line, and lOOm feet from the east property line as shown by survey amended December 3, 1985, prepared by Roderick VanTuyl, P.C. 4. It is the opinion of the board members that the property consists mostly of "frontyard" area and that the most feasible area would be at least 100 feet from the Sound bluff (per Article XI, Section 100-119.2(A)). The area chosen by the applicant is set back farther than a principal building would normally be required on a vacant lot in this "A-80" Agricultural and Residential Zoning District. 5. For the record, the~e is a Certificate of Occupancy d~ted April 27, 1966 under No. Z2407 for the private single- family dwelling, and written easement at Liber 8463 cp 378 dated July 6, 1978 from Stanley Sledjeski to the applicants for access 6Ver~zthe right-of-way extension to the east des- cribed in "Minor Subdivision #90~ April 30, 1974." In considering this appeal, the board finds and deter- mines that the variance should be granted because: (a) the proposed structure will not be adverse to neighboring properties; (b) the circumstances of the property are unique; (c) the practical difficulties shown are sufficient to warrant a granting of the requested relief because there is very little buildable rearyard area and any other location on the premises would require additional variances; (d) there will be no substantial change in the character of the district; (e) the interests of justice will best be served by allowing the relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3469 in the Matter of the Application of MR. AND MRS. WARREN BRADY for permission to locate 30' by 48' accessory barn structure in the frontyard area not closer than 100' from the front (northerly) property line, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The structure is limited to storage use incidental to residental use of the premises and not operated for gain; 2. Overhead doors shall not face the right-of-way (southerly property line); 3. There shall be no backing out onto the right-of-way (access area). Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Doyen, DQuglass and Sawicki This resolution was duly adopted. i%ECEIVED AND FILED BY k~'P/tE SOUT[iC'ZJ) TOVa~ CLERK DATE &/3/~ HOUR ~,' ~ P~ GERARD P. GOEHR~iNGER, C~l~MAN June 2, 1986 ~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, 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 SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, APRIL 3, 19~6, and as follows: 7:35 p.m. Appeal No. 3396 -- GARY DOROSKI for a Vari- ance to the Zoning Ordinance, Article XI, Section I00-119.2(B) for permission to locate proposed pool with decks and fence enclo- sure within 75 feet of wetlands and highwator mark, at 425 Monsell Lane, Cutchogue, NY; Norwald Subdivision Filed Map No. 1275, Lots 31-35 inclusive; County Tax Map Parcel No. 1000-97-08-27. 7:40 p.m. Appeal No. 3482 -- JERRY SHULMAN for a Spec- iai Exception to the Zoning Ordi- nange, Article IX, Section 100-90 for permission to change use of a i portmn of existing building to building-material storage in iconjunction with existing ag- r/cultural storzge and agricul- tural.office, at premises referred to u 11950 Sound Avenue, Mat- tituck, NY; County Tax Map Par- gel No. 1000-141-03-41. 7:45 p.m. Appeal No. 3473 -- JOSEPH A, CASSIDY, JR. for a Variance to the Zoning Ordi- frontage along Reydon Drive, set off from premises to the north presently of J. Rich of 55,831 sq. f~ in area and 135' frontage (lot width). Property identification: County Tax Map Parcel Nos. 1000-79-05~23.1 and 22.1, I~- catod along the west side of Reydon Drive, Southold, NY. 7:50 p.m. Appeal No. 3451 -- BEDELL WINERY for a Spec- ial Exception to the Zoning Ordi- nance, Article Ill, Section 100- 30-(B)[14] to establish winery use from grapes grown on the premises, 36225 Main Road, Cutchcgue; 1000-85-02-10. ire- cessed from 3/13/86). 8:00 p.m. Appeal No. 3476 - ROBERT AND CHARLOrrg WISSMAN for a Variance to the Zoning Ordinance, Article Xll, Section 100-121 to seek relief from conditions placed by prior Appeal No. 2006 in the Name of Claire Bredy and Others dated February 27, 1975, which condi- tionally granted use of lot for mooring dock and storage build- ing (Article Ili, Section 100- 30(B )[9]) and insufficient lot area and width (Bulk Schedule), to allow the construction of a single-family residence. Loca. tion of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map No. 1000-35-04-007.6 (referred to as Lot "C"). 8:10 p.m. Appeal No. 3481 - PORT OF EGYPT ENTER- PRISES, INC. for a Special Ex- ception to the Zoning Ordinance, Art/cie VHI, Section 100-80 for of 58,484 sq. t~. parcel with 135' ~C-Li~, ~lustrial Zoning Dis- MICHAEL HERBERT for a nance, Art/cie III, Section 100- "Bed and Breakfast'.typo use, or "an owner~occupied building, other than a hotel, where lodging WIl,l.l~.l~ KREITSEK for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 (and/or Section 100-30A) for per- mission to locato private, fenced- in tennis court together with 12' by 12' gazebo on stilts on vacant premises adjacent to residence of the applicant and referred to as 9030 Soundview Avenue, South- old, NY; George Penny IV Filed Subdivision dated April 11, 1974; County Tax Map Parcel No. 1000-59-07-27.2 and 27.1. 8:40 p.m. Appeal No. 3471 -- NICHOLAS TSIRKAS for a Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2(A)[1] for permission to con- struct single-fam/ly dwelling with an insufficient setback from edge of bank along the Long Is- land Sound. Location of Prop- erty: North Side of Sound Av- enue, Greenport, NY; Eastern Shores Subdivision Map 4586, Lot 113, County Tax Map Parcel No. 1000-33-01-11. p8:50 p.m. Appeal No. 3469 ARREN AND MARY RADY for a Variance to the ning Ordinance, Art~le IH, on 100-32 for p~rmission te acce~ory barn in the fron- ! area, at premises referred as 3500 Private Road ~13, off e north side of Bergen Avenue, ttit~ck, NY; County Tax Map I No. 1000-105-01-6. "~ The Board of Appeals will hear-~ at said time and place all persons or representatives desiring to be heard in each of the above mat- ter~. Written comments may also be submitted prior to the conclu- sion of the hearing in question. For more information, please call 765-1809. Dated: March 13, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN 1TM27-5198 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Mary ~. Degnan ofGreonport, in 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 and State of New 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 27 day of Ma r~h 19 86 Pringiba[ befor~ ~e t~i, ~' ~ ANN M. ABATE Sworn to ~ of /~///;, I~O~A~-PUBL~C, State of New YO~ ' -- 5~f0fk County ~ ~ ~ ' ~Term ~xpwes M~rcl~ NOTICE OF HEARINGS 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 SOUTHOLD TOWN BOARD OF APPEALS at thc Soathold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, APRIL 3, 1986 and as follows: 7:35 p.m. Appeal No. 3396- GARY DOROSKI for a Variance to thc Zoning Or- dinance, Article XI, Section 100-119.2(B) for permission to locate proposed pool with decks and fence enclosure within 75 feet of wetlands and highwater mark, at 425 Mousell Lane, Cut- chngue, NY; Norwald Subdivi- sion Filed Map No. 1275, Lots 31-35 inclusive; County Tax Map Parcel No. 1000-97-08-27. 7:40 p.m. Appeal No. 3482- JERRY SHULMAN for a Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to change use of a portion of existing building to building-material storage, in conjunction with ex- isting agricultural storage and agricultural office, at premises referred to as 11950 Sound Avenue, Mattituck, NY; Coun- ty Tax Map Parcel No. 1000-141-03-41. 7:45 p.m. Appeal No. 3473- JOSEPH A. CASSIDY, JR. for a Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of 58,484 sq. ft. parcel with 135' frontage (lot width). Property identification: County Tax Map Parcel Nos. 1000-79-05-23.1 and 22.1, located along the west side of Reydon Drive, Southold, NY. 7:50 p.m. Appeal No. 3451- BEDELL WINERY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30-(B)[14] to establish winery use from grapes grown on the premises, 36225 Main Road, Cutchogue 1000-85-02-10 (Recessed from 3/13/86). 8:00 p.m. Appeal No. 3476.- ROBERT AND CHARLOTTE WISSMAN for a Variance to the Zoning Ordinance, Article XII, Section 100-121 to seek relief from conditions placed by prior Appeal No. 2006 in the Name of Claire Brody and Others dated February 27, 1975, which con- ditionally granted use of lot for mooring dock and ·storage building (Article III, Section 100-30(B)[9] and insufficient lot area and width (Bulk Schedule), to allow the construction of a single-family residence. Loca- · loin of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map No. 1000-35-04-007.6 (referred to as Lot "C"). 8:10 p.m. Appeal No. 3481- PORT OF EGYPT ENTER- PRISES, INC. for a Special Ex= ception to the Zoning Or- dinance, Article VIII, Section 100-80 for permission to in- stall/relocate marine fuel storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. COUNTY OF SUFFOLK STATE OF NEW YORK 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 ................... /. ...... weeks successively, commencing on the ......... .~.). ~ ....... Sworn to before me this c~ day of 8:15 p.m. Appeal No. 3472- MICHAEL HERBERT for Variance to the Zoning Or- dinance, Article III, Section 100-30(A) for permission to establish '?Bed and Breakfast"- type use, or "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than nine persons:' Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel' No. 1000-140-2:23. Zoning District: A-Residential and Agricultural. 8:20 p.m. Appeal No. 3418- GRETCHEN HEIGL for a! Variance to: (a) the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule for ap- proval of insufficient lot area and width in this proposed divi- sion of property, and (b) New York Town Law, Section 280-a for approval of access to pro- posed Lot No.l over a private right-of-way located along the easterly side of the subject p_r_e~i, se~. L~_ a~ion of Property '~-a.n~l right-of-w~'-Io~'atecl along~ ,~. the easterly side of the subject] Qt~iSe~- LO¢~!ioILO f Prnp~rty~ V, and Right-of-Way in Question: -North side of Sound View Avenue, Southnid, NY; County Tax Map Parcels No. · 1000-68-1-14 and 15.1. 8:25 p.m. Appeal No. 3477- WILLIAM AND (KATHERINE HEINS for a Variance to the Zoning Or- ~.dinance, Article III, 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. I000-19-2-5 and 6. Notary Public BARBARA FORBES ~otm'y -Pub!lc, 8tate of New York No. 48568~6 Quallq~d in Suf~o;k County ~ommlsmon Expires ~/ 19 ~ 8:35 p.m. Appeal No. 3488- WILLIAM KREITSEK Variance to the Zoning Or- dinance, Article III, Section . 100-32.(and/or Section 100-30A) for permission to locate private, fenced-in tennis court together with 12 ' by 12' gazebo on stilts on vacant premises adjacent to residence of the applicant and referred to as 9030 Soundview Avenue, Southold, NY; George Penny IV Filed Subdivision dated April 11, 1974; County. Tax Map Parcel No. 1000-59-07-27.2 and 27.1. 8:40 p.m. Appeal No. 3471- NICHOLAS TSIRKAS for a Variance to the Zoning Or- dinance, Article XI, Section 100-I19.2(A)[1] for permission'to construct single-family dwelling with an insufficient setback from edge of bank along the Long Island So,nd. Lo~. tion of Property: North Side of Sound Avenue, Greenport, NY; Easteru Shores Subdivision Map 4586, Lot 113, County 7hx Map Par~ cie No. 1000-33-01-11. · /"'"8:50 p.m. Appeal No. 3469-~, / WARREN AND MARY . I BRADY for a Variance to the { Zoning. Ordinance, Article 11I,/ ~ Section 100-32 for permission to'F [ locate accessory barn in the~ / frontyard area, at premises refer-~ / red to as 3500 Private Road No] / 13, off the north side of Berg~an/ Avenue, Matittuck, NY; Coun-I ty Tax Map Parcel No.! 1000-105-01-5. ~ The Board of Appeals wit[ hear at said time and place all persons desiring to be heard in each of the above nlatters. Writ- ten comments may also be sub- mired prior to the conclusion of the hearing in question. For more information, please call 765-1809. Dated: March 13, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN IT-3/27/86(12)