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Home My WebLink About3108Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3108 Application Dated April 1, 1983 TO: Mr. and Mrs. Wilhelm Franken 75 Carroll Street Brooklyn, NY 11231 (Public Hearing 5/27/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on MAY 27, 1983 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 100-31 [ ] Request for The public hearing on this application was also held on May 27, 1983. Upon application of WILHELM and SILKE FRANKEN, 75 Carroll Street, Brooklyn, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct new dwelling with an insufficient frontyard setback, at Osprey Nest Road, Cleaves Point Subdivision Section I, Map 2752, Subdivision Lots 14 and 15, at Greenport; County Tax Map Parcel No. 1000-35-6-22, 23 and 24. The board made the following findings and determination: By this appeal, appellants seek permission to construct a new one-family, 1½-story dwelling with an insufficient setback from Osprey Nest Road of 30 feet. The premises in question is known as Lots 14 and 15 of Cleaves Point Subdivision, Section I, Map 2752 dated Septem- ber 10, 1957 and contains an area of approximately 25,500 square feet. This is a request for a variance from Article III, Section 100-34 wherein, under the circumstances, this parcel would be entitled to a frontyard setback of 35' feet, or the average established setback of existing dwellings within 300' therefrom, whichever is greater, without a variance. This parcel is an unusually-shaped parcel of land and fronts along Gull Pond Inlet. The elevations of this parcel are at variations from between five to 10 feet. The area chosen for the construction of this dwelling is the most practical and reasonable and the elevation in this area is approximately 8.5 feet above mean sea level. The finished floor elevation is proposed to be at 12 feet. The board agrees with the reasoning of appellants. In considering this appeal, the board determines that the variance request is not substantial under the circumstances; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appel- lant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. (CONTINUED ON PAGE TWO) DATED: June 15, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3108 Matter of WILHELM AND SILKE FRANKEN Decision Rendered May 27, 1983 On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3108, application of WILHELM AND SILKE FRANKEN, for permission to construct new dwelling with an insufficient frontyard setback at 30', BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No further frontyard reductions; 2. Compliance with the Flood Plain Management Law of the Town of Southold; 3. D.E.C. Permit #10-82-1178 issued February 3, 1983. Location of Property: Osprey Nest Road, Cleaves Point I, Map 2752, Subdivision Lots 14 and 15, at Greenport, NY; Tax Map Parcel No. 1000-35-6-22, 23, 24. Section County Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. RECEIVEr) AND FILED BY THE SOUTHOLD TOWN CLERK DATE ~/76/~3 HOUR Greenpart, NY, for a Variance 100-60 lA) A (B j~he Zoning Ordinance, · permission toll~trucl ~l~le III, Sections 100-23 and 100-32 for permission to re- ' dwelling in X'liis B Business .District at 86( locate accessory structure in the front/side yard areas at ' Bayview Road, Southoh Heathulie Avenue, Fishers County Tax Map Parc ~land, NY; Minor Subdivision 1000-70-7-16.2. 7:55 p.m. Applieati ap of Smith-Hiltiard #155, ALFRED AND ZINA Lot 3; more particularly known as County Tax Map No. 333 Pearl Street, New 1000-9-6-5.2. ~ NY 10038, for a Varianea 7:35 p.m. Application for ' ~': Zoning Ordinance, Artic Section 100-110E HILDEGARD MORAND, by. permission to recoustru¢ Irving L. Price, Esq., 826 i alter existing building Front Street, Greenport, NY for a Variance to the Zoning . would exceed 50% of Ordinance, Article III, Section market value of this stru¢ 100-34 for permission to requiring a varianc, · construct addition, attaching ' continueorreiustatease~ x nonconforming accessory dwelling unit in this structure, leaving an' Residential" District, ~t insufficient sideyard setback · Soundview Avenue, Pec~ ~- Shipyard Lane, ' ' 8' 05 ' ' · ~Southold, NY; Founder-, : : p.m. Apphcaho ~' Estates Man 834 Lot ,n~? ~ SOUTHOLD LUMBER - County Tax ~Iao ~arcel'~' -~INC., Youngs Avel 1000-64-05-021 - ~' Southold, NY, for a Vari~ · 40 ' . · ~' to the Zonin Or ' ~WI~HE~' Ap&phca~i~K~ Article XI, Secgtion dl~.a~ / Article III, Section 100-31 · f~'~ premises more particula .~ Bulk Schedule, for oermissio~ ~tnown as 675 Boiss~ ~ to construct new dv~elling wi~ Avenue, Southold, NY; Cou .... ~_an.~ insufficient frontyard TaxMapNo. 1000-63-02-030. · '~l setback, at Osprey Nest Road 8:10 p.m. Application ~ ,.~ ~'/~Cleevus Point Suction I, Ma~ ~:HENRY PIERCE, 2616 ~,0~..~'.~'~ ~' [~ 2752, Subdivision Lots 14 and; ~.R. oa.d, Peconic~'Ny ~for ~,~n~,~OTlt2E ~ I 15, at Green-,~rt. Co,,-~- '~' , variance to the Zoni NOTICE IS /'HEREBY ~ I M~-Parcel*'~o '1~0~.6~;2~. . Ordinance, Article 100-32 l GIVEN, pursuant to Section ~ ~4.' .... ~ permission to constrt ~267 of..file Town Law and the ~-z-~.7~ p.m. Ap~f accessory storage building rrovistons of the Amended. BURKE E. Lli~'~'~4~ the frunt and side yard area =~ms aha erie variance to the Zoning county Tax MapParcel ~lI?"'f°ll°wingPublicHearingswill :Ordinance, ArticlelII, Section be held by the Southold Toww ! 100.32 for permission to Board of Appeals at the *~ construct accessory horse Southold Town Hall, Main "-'~ barn in the sideyard area at Road, Southold, New York, on ' 1420 King Street Orient FRIDAY MA , ' , NY Y 27, 198~ :~: County Tax Map Parcel. No. commencing at 7:30 p.m. and .~ !000-026-02-040. as follows: 7:30 p.m. Application 7:50 p.m. Application of REV. WILLIAM for JOHN GRIGONIS. Main Bay- J. view Road, Southold, NY, for HI.LLIARD, by Irving L.' a Variance to the Zoning Price, Esq., 828 Front Street, ' Ordinance. Article VI, Section 1000~1.2. 8:15 p.m. Application f, ROBERT T. KROEPEI D.D.S. by Rudolph H. Brue Esq., Main Road, Southol, NY for a Variance to tl~ Zoning Ordinance, Article II Section 100-31 for approval ~ two proposed parcels havin approximately 37,069 squar feet in area and 12O35 feet t road frontage, at the nortl side of Indian Neck Lane STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) ....... J. oa.~...~g_.....Gu=.Y.a.~.a~:u~ ................. of Greenport, in said County, says he/she is a representative of THE SUFFOLK TIMES, a weekly newspaper, published at Greenport, in the Town of Southold, County of Suffolk, State of New York, and annexed is a printed copy that has been regularly published in said newspaper once in each week for....~'lC ......... week(s) successively, commencing the....t~..t,~hday of ............ ~a.y. ................ 19.**..~3. ............. ............. 12th Sworn to before me this ............................................ day of ........... ~a¥. ........................... 19 .......... &.3. ................... Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Seuthold Town Hall, Main 'Road, Southuld, New York, on .FRIDAY, MAY 27, 1983 com- mencing at 7:30 p.m. and as follows: . . 7:30 p.m. Application for REV. WILLIAM J. HILLIARD, by Irving L. Price, H.sq., 828 Front Street, Groanport, N.Y., for a Variance to the Zoning Ordinance, Article Hi, Sec-~ tions 100-23 and 100-32 for permission to re-locate acces- sory structure in the from/side yard areas to Heathulie Avert- ue, Fishers Island, N.Y.; Mi- nor Subdivision Map of Smith- Hilliard #155, Lot 3; moro particularly known as County Tax Map No. 1000-9-6 7:35 p.m. Application for HILDEGARD MORAND, by Irving L. Price, Esq., 828 Front Street, Groenport, N.Y. for a Variance to the Zoning Ordinance, Article m, Section 100-34 for permission to con- struct addition, attaching non- conforming accessory struc- ture, leaving an insufficient._~[ sideyard setback (as a princi- pal structure), at !)35 Old Shipyard Lane, Southold, N.Y.; Founders Estates Map 834, Lot 107; County Tax Map Parcel No. 1000.6~-0S-O~1 /~Ti~.m. Application of WILHELM & SILKE FRANK. I~N, 75 Carroll Street, Brook- l~m, N~Y.for a Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for permission to construct new dwelling with an insuf- ficient- fromyard setback, at Osprey Nest Road, Cleaves Point Section I, Map 2752s Subdivision Lots 14 and IS, at Greenport; County Tax Map Parcel No. 1000-35-6-22, ~ p.m. Application of BURKE E. LIBURT, 1420 King Street, Orient, N.Y., for a Variance to the Zoning Ordinance, Article IlL Section 100-32 for permission to con- struct accessory horse barn in the sideyard area, at 1420 King Street, Orient, N.Y.; County Tax Map Parcel No. 1000.026.02.040; 7:50 p.m. Application of JOHN GRIGONIS~ Main Bay- view Road, Seulhold, N.Y., for a Variance to the Zoning Ordinance, Article VI, Section 100-60 (A) & (B) for permis- sion to construct a new dwell- . inff in this B-Light Business,~ District at 860 Main Bayview Road, Seuthold, N.Y.; County Tax Map Parcel No. 1000.70.7. 16.2. 7:5.5 p.m. Application of ALFRED AND ZINA HULLi 333 Pearl Street, New York, N.Y. 10038, for a Variance to the Zoning Ordinance, Article X1, Section 100-11SE for per- mission to reconstruct and alter existing building which would exceed 50% of the fair market value of this structure, requiring a variance to con- tinue or reinstate a second- dwelling unit in this "A- Residential" District, at 3630 Seundview Avenue, Peconi¢,~, ,N..Y. !. ~Co2.n.ty,..T .ax..Map Parcel,, Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELI=R-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, Los been published in said Long Island Traveler-Watch- man once each week for ........................ ./. .............. weeks s~ccessively, commencing on the ............... ./..~.. ................ da',,' . ............... ~ ............................. 1 9 ........ Sworn to before me this .............. ./...~....~.. ........ day of ............. .................... , CLEMffNT J. THO~,~30N NOTI, t'~'( PUaL[C, ~tate ot ~e~ ~or~