HomeMy WebLinkAboutZBA-11/03/1986 SPEC APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board o£Appeals
MAIN ROAD-BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
MINUTES
SPECIAL MEETING
MONDAY, NOVEMBER 3, 1986
A Special Meeting of the Southold Town Board of Appeals was
held on MONDAY, NOVEMBER 3,_1986 at 7:00 p.m. at the Southold
Town Hall, Main Road; SQuthq]d,-New York 11971.
Present were: 'Gerard P. Goehringer,-V~h~'~rman; Charles
Grigonis, Jr.; Robert J. Douglass and Joseph H. Sawicki,_
coqstituting four of ~e five board members. Absent was
Serge Doyen= Member of Fishers Island. Also present at the
beg_inning of the meeting was Mark Wool'ey, L.I. Traveler Reporter,
as well _.as_.~he Board Secretary, Linda Kowalski.
COMMUNICATIONS: Appeal Noo 3491 Special Exception
of Donald J. Grim~ Letter_dated November 2, 1986 was received
from Donald Jo Grim asking to locate the screening further
north of the stockpi]e area and along the westerly yard area,
rather than immediately abutting the stockpile area. The
board reviewed the screening proposed as shown on 10/28/86
site plan prepared by Sealand Surveying & Engineering P.C.
and agreed that the location of the screening, evergreens
and/or stockade fence, is in compliance with the board's
conditions rendered June 25, 1986. The board members
unanimously agreed and accepted the site plan as to meeting
the condition of the Board"s June 25, 1986 decision; however,
it shall be understood that the "area for stockpiling mater.ials
not be expanded outside the 160' deep by 230' wide area
(unless a new application is filed and reconsidered)."
Southold Town Board of Appeals -2- November 3, 1986 Special Meeting
PENDING DECISION: Appeal No. 3557:
Application of ROBERT EGAN for Variances to the Zoning Ordinance,
Articles: (1) III, Section !00~21 to reconstruct dwelling with
insufficient total sideyards, insufficient (northwest) side yard,
and insufficient front yard; (2).XI, Section lO0-119.2(B) for per-
mission to construct addition and reconstruct dwelling within 75
feet of tidal wetlands along Spring Pond, Orient Harbor. Location
of Property: 330 Knoll Circle, East Marion, NY; "Map of Section
Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28;
County Tax Map District 1000, Section 37, Block 5, Lot 12.
Following deliberations, the board toOkl]the following action:
WHEREAS, a public hearing was held and concluded on October 2,
1986 in the Matter of the Application of ROBERT EGAN under Appeal
No. 3557; 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. This is an application for Variances from the following
provisions of the Zoning Code: (a) Article III, Section 100-31
to reconstruct dwelling with: (1) insufficient total sideyards
at 17 feet, (2) insufficient side yard from the northwest
property line at its closest point five feet, (3) insufficient
front yard at 29 feet at the southeast corner [closest point];
(b) Article XI, Section 100-119.2B to construct cantilevered
addition at 38 feet, and proposed deck and livable floor area
addition at 35 feet from the outer edge of existing concrete
wall, all as more particularly shown on Site Plan dated Septem-
ber 5, 1986, prepared by Garrett A. Strang, Architect.
2. The premises in question is a substandard parcel con-
taining a total area of 7511± sq. ft. with 56 ft. frontage along
the west side of Knoll Circle, East Marion.
Southold Town Board of Appeals -3= November 3, 1986 Special Meeting
(Appeal No. 3557 - EGAN decision, continued:)
3. The subject premises is identified on the Suffolk County
Tax Maps as District 1000, Section 37, Block 5, Lot 12 and is
referred to as Lot 27 and part of 28 on the Map of Section Two-
Gardiners Bay Estates filed in the Suffolk County Clerk's Office
September 23, 1927 as Map #275. This parcel is improved with
a single-family, one-story frame dwelling set back five feet
from the west side property line, 29 feet from the south-
east corner to the front property line and 40 feet from the
northeast corner to the front property line, 14 feet from the
east side proper'ty line (at the closest point), and 40± feet
from the outer ed§~__of existing concrete wall, all as depicted
on survey prepared October 6, 1958 by Roderi~k VanTuy], P.C.
4. By this application, appellant proposes to "...tear
down the e~isting bungalow structure and replace with a story
and one-half addition and reconstruction" and construct deck
addition extending five feet beyond the ~stablished setback,
with a 35-foot setback from the concrete wall, and 12 feet and
five feet from the side property lines at the closest points,
all as shown by Plan prepared by Garrett A. Strang, Architect,
da~ed September 5, 1986, Drawing No. SP-1, and shown on survey
amended November 20~ 1981 by Roderick VanTuyl, P.C.
5. It is noted for the record that the percentage of the
total lot area of all structures will not exceed the maximum-
permitted 20 percent~ and this project will meet all flood-plain
minimum elevations above mean sea level at nine feet in the "A-7"
Flood Zone.
In considering this application, the board also finds and
determines: (a) that the variance requested is not substantial
in relation to the existing nonconforming setbacks; (b) that
there will be no increase in population density and this project
will not produce an undue burden on available governmental
facilities; (c) that the grant of this variance will not
produce a substantial change in the character of the neighborhood
or create 'a substantial detriment to adjoining properties; (d)
the difficulty cannot be obviated by a method feasible for the
applicant to pursue other than a variance; (e) that in view of
the manner in which the difficulties arose, justice will be
served by the grant of a variance, as conditionally noted below.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT Variances for the proposed construction
Southold Town Board of Appeals -4-
November 3, 1986 Special Meeting
(Appeal No. 3557 EGAN decision, continued:)
applied under Appeal No. 3557 in the Matter of the Application
of ROBERT EGAN as stipulated below:
1. Minimum setback from the west (side) property line at
seven feet;
2. Minimum setback from the east (side) property line at
12 feet;
3. Easterly sideyard must remain open and unobstructed
the full 12-foot width at all times (no storage, fencing or
other structures which would prohibit accessibility).
4. Not closer than 35 feet to the existing concrete
wall', as applied;
5. Not closer than 28 feet from the closest point of
the dwelling ~onstruction to the front (north) property
line.
6. Not to exceed 20% total lot coverage for all
structures.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass, and Sawicki. (Member Doyen, Fishers Island, was
absent.) This resolution was duly adopted.
PENDING DECISION: Appeal No. 3503:
Application of GEORGE D. DAMIEN for a Variance requesting
confirmation of Building Inspector's actions and prior Z.B.A.
Decision Rendered under Appeal No. 949 of 9/1/66, recognizing
two separate building lots, having insufficient area, width
and depth as required by Article III, Section 100-31, Bulk
Schedule of the Zoning Code. Location of Property: Corners
of Jackson, Fifth and Main Streets, New Suffolk, NY; County
Tax Map Dist.rict lO00,'Section 17, Block 9, Lot 12.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on October 2,
1986 in the Matter of the Application of GEORGE D. DAMIEN under
Appeal No. 3503; and
Southold Town Board of Appeals -5= November 3, 1986 Special Meeting
(Appeal No. 3503 DAMIEN decision, continued:)
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, appellant requests confirmation
of actions of the Building Inspector and prior Decision of the
Board of Appeals rendered under Appeal No. 949 September 1, 1966
recognizing two separate building lots, having insufficient area,
width and depth as required by Article III, of the Zoning Code.
2. The property in question contains a total area of
28,919 sq. ft. with frontage along the south side of Main Street
of 101.22 feet, along the east side of Fifth Street of 301.67
feet, and along the north side of Jackson Street of 90.11 feet.
The entire premises was conveyed as more particularly shown by
deed at Liber 5911 page 167.
3. The subject premises is improved with the following
structures: (a) one single-family dwelling and (b) one
accessory garage, both constructed under Building Permits
#3475Z and #3646Z, respectively. A final Certificate of
Occupancy #Z3412 was issued for the dwelling structure on
January 28, 1969.
4. On September l, 1966, action was taken concerning an
application for a variance for three lots having insufficient
area under Appeal No. 949 denyin~ "...permission to divide
into three separate building lots."
5. On May 5, 1967, Building Permits #3475Z and #3474Z
were issued for the construction of a single-family dwelling
(each). A single-family dwelling was constructed under
Permit #3475Z and a final Certificate of Occupancy #Z3412
was issued on January 28, 1969. The second Building Permit
#3474Z expired and no constr~ction took place thereunder.
6. It is noted that by letter dated November 5, 1975,
the Town Building Inspector advised Mr. Damien (erroneously)
that "...the action of the Board of Appeals #949, September 1,
1966~ dividing your property on E/S Fifth St., New Suffolk,
into two building lots, one with frontage on Jackson St. and
the other with frontage on Main Street has not been changed
or rescinded...You §t~ll have two building lots on E/s Fifth
Street as the Board set them off in 1966o~. "
Southold Town Board of Appeals -6- November 3, 1986 Special Meeting
(Appeal No. 3503 - DAMIEN decision, continued:)
7. It is also noted for the record that during November 1971,
the minimum lot area requirements of the Zoning Code was increased
from 12,500 sq. ft. to 40,000 sq. ft.
8. On October 27, 1980, Mr~ Damien was advised by letter
signed by a Town Building Inspector that the zoning requirements
were increased in 1971; "...That you cannot subdivide property
into lots with less than 40,000 sq. ft. in area... Therefore,
you cannot get a permit to build another dwelling on your lot...
9. By letter dated August 6, 1982, the Administrator of the
Building Department advised Mr. Damien that the Board of Appeals
denied his application for three lots and that approval could have
been obtained if he reapplied for the two lots during that period
of time since the requirements at that time was a minimum lot
area of 12,500 sqo ft., (subject to Planning Board subdivision
approval).
10. It is the position and u~derstandin§ of this Board in
reviewing and researching this matter, as follows:
(a) the Action taken by the Board of Appeals on
September l, 1966 denied three lots having insufficient area
of 9,000± sq. ft. each, as applied.
(b) the minimum lot-area requirement of the Zoning Code
[Article III, Section 303] in 1966 was 12,500 sq. ft. each, and
new lot divisions were under the purview of the Town Planning
Board [See Rules and Regulations - Town of Southold Subdivision
of Land Revised August 26, 1959];
(c) no application for a division into two lots was
filed before the Planning Board or Board of Appeals; and to
date, no approval has been recorded.
(d) the issuance of Building Permit #3474Z on May 5,
1967 was erroneous;
(e) no construction took place under this Permit;
(f) the Building Inspector's letter of November 5,
1975 was incorrect inasmuch as the Board of Appeals did not
approve two lots and the applicant was advised of same at the
Board of Appeals hearing on September 1, 1966;
(g) approval of subdivisions have always been within
the purview of the Town Planning Board since the enactment of
zoning.
ll. Today's minimum lot area for new lots is 80,000 sq. ft.
as adopted in May 1983.
Southold Town Board of Appeals
-7-
November 3, 1986 Special Meeting
(Appeal Not 3505 - DAMIEN decisions continued:)
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to Confirm the Prior Action of the Board of Appeals
rendered under Appeal No. 949 September 1, 1966 for the denial of
three lots baying insufficient area, as applied, rather than
approval of two lots of sufficient area.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
PENDING DECISION: Appeal No. 3553:
Application of EUGENE BOZZO for Variances to the Zoning
Ordinance, Articles: (1) XI, Section 100-119.2 for permission
to construct dwelling with an insufficient setback from wetlands/
tidal water along Great Peconic Bay; (2) III, Section 100~32
to relocate accessory garage building in the frontyard area,
(3) III, Section 100-31, Bulk Schedule, to construct with lot
coverage of all structures in excess of maximum-permitted
20 percent. Location of Property: South Side of Camp Mineola
Road, Mattituck; County Tax Map District 1000, Section 123,
Block 6~ Lot 127.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on October 2,
1986 in the Matter of the Application for EUGENE BOZZO under
Appeal No. 3553; 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. This is an application for Variances from the Provisions
of the Zoning Code as follows: (a) Article XI, Section 100-119.2(B)
to construct with an insufficient setback at 18 feet from the
existing bulkhead along ~idal water at its closest point; (b)
Article III, SectiQ5 10D~32 to relocate accessory garage building
in the existing fron'~yard area with a setback of two feet at its
Southold Town Board of Appe.als -8- November 3, 1986 Special Meeting
(Appeal No.'3553 - BOZZO decision, continued:)
closest point from the front property line along the right-of-way
a.~d at 4_.feet at its cl.psest point ~om the _easterly side
property linde, and (c) Article III, Section 100-31, Bulk
Schedule, to construct with lot coverage of all structures at
25.7 percent of the total lot area~
2. The premises in" question is a substandard parcel
containing a total area of 7,896 sq. ft. with 50.0 ft. frontage
along a private right-of-way (which extends in a westerly
direction from the west side of Camp Mineola Road), Mattituck.
3. The subject premises is identified on the Suffolk
County Tax Maps as District 1000, Section 123, Block 6, Lot 27,
and is improved with a single-family dwelling and accessory
garage structure as more particularly shown by survey dated
January 28, 1985 by Roderick VanTuyl, P.C.
4. The dwelling as exists is set back 18 feet at its
closest point from the existing bulkhead (at the southeast
corner) and is set back 7 feet from the side property line
at its southwest corner, 10 feet from the side property line
at its northwest corner, 11± feet from the easterly side
property line at its southeast corner and lO± feet at i_ts
northeast corner. The existing garage is located in the
frontyard area with setbacks at two feet at the closest
point (northwest corner) to the front property line and
approximately four feet from its closest point (southeast
corner) at the east side.
5. Applicant proposes to move the dwelling 20 feet to
the north,~ gaining the minimum required elevation above mean
sea level as per the Flood Plain Management Law of the Town
of S~uthold, and extend a new open deck area, retaining the
same existing 18 ft. setback from the bulkhead. The existing
percentage of lot coverage is shown by Site Plan dated
August 5, 1986 to be 21.7%~ The proposed total lot coverage
is shown tO be 25.7%. The amount of relief requested as to
excessive lot coverage is four percent of the total lot area,
or 316 sq. ft.
6~ Also proposed by this application is the rotating
of the accessory garage 180 degrees, allowing the doors to
face west. The size of the garage will not exceed 18' by 20'
..and will continue to be limited to storage incidental and
accesso.rY to the residential use of the premises and not
operated for gain.
7. It i-s noted for the record that a conditional waiver
has been received dated August 28, 1986 from the Southold
Town Trustees.
Southold Town Board of Appeals -9- November 3, 1986 Special Meeting
(Appeal No~ 3553 - BOZZO decision, continued:)
8. The board agrees that the uniqueness in the character
and configuration of this parcel lend to the difficulties for
new construction and finds that.~he relief as g~nted will be
the minimum necessary_ und6r the circumstances.
In considering-this appeal, the board also finds and
determines that the granting of the relief as noted below:
(a) will not be inconsistent: with the general neighborhood;
(b) will be the minimal necessary under the circumstances;
(c) ~s not substantial, in relation to the requirements of
the zoning code; (d) will not create a substantial change
in the character of the area; (e) will not in turn be
adverse to the safety, health, welfare, comfort, convenience
or order of the town; (f) will serve the interests of justice.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, that Variances BE AND HEREBY ARE GRANTED in the
Matter of the Application of EUGENE BOZZO for permission to
relocate dwelling~ construct open deck addition, and relocate
accessory gar. age, SUBJECT TO THE FOLLOWING CONDITIONS:
l~ That the dwelling and deck construction be located
no closer than 30 feet from its closest point from the existing
bulk.head;
2. That the total lot coverage (of all structures) not
exceed 24 percent of the total lot area;
3. There be no reduction in the sideyard setbacks to
less than eight feet at the westerly side and 10 feet at the
easterly sid6;
4. The accessory garage structure not be closer than
five feet from the front property line along the private
right-of-way, and not closer than four feet from the east
side property line, as exists;
5. The garage doors face west, as proposed;
6. Deck area to be constructed at the southerly end
of dwelling remain open and unroofed, as proposed;
7. The frontyard setback of the dwelling not be less
than that shown on the August 5, 1986 site plan prepared by
Garrett A. Strang, Architect~
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent.) This
resolution was duly adopted.
Southold Town Board of Appeals ilO~
November 3, 1986 Special Meeting
PENDING DECISION: Appeal No. 3538:
Application of JEFFREY BE.TTANCOURT for a Variance to the Zoning
Ordinance, Article XI, _Section 100-119~2_(A) for permission to con-
struct inground swimmingpool with ~ence enclosure and gazebo within
100 feet of top of blur? or bank along Long. ISland Sound, at
premises known as 2410 Grandvi'ew Drive, Orient, NY; Grandview
Estates Subdivision Lot No. 5, Map No. 7083; County Tax Map Parcel
No. 1000-14-02-3~9.
Following deliberations, the board took the following action:
WHEREAS, pu~t~c hearings were held on Septembe~ llth, 1986
and on Octobe~ 22, 1986, in the Matter of the Application of
JEFFREY~B.ET~NCOURT under Appeal Noo 3538; 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:
l. By this application, appellant requests a Variance from
the Provisions of Article XI, Section 100-119.2, subsection
A(1) for permission to locate an inground swimmingpool with
deck areas and gazebo with an insufficient setback at its
closest point from the top of bluff along the Long Island
Sound at 5-10 feet, and from the westerly side property line
at 10 feet. The pool area is proposed to be enclosed with
a four-foot ch~inlink fence, and the Site Plan prepared May 16,
1986 'b~ Contract ~nteriors Group shows the proposed construction
to be attached to the existing deck areas of the dwelling
structure~
2. The premises in question is located along the north
side of Grand View Drive, Orient, and is known as Lot #5, "Map
of Grandview Estates," County Tax Map District 1000, Section
14, Block 2, Lot 3.9.
3. The subject premises contains a total area of 1.123
acres, and is improved with a two-story, single-family dwelling
Southold Town Board of Appeals -ll- November 3, 1986 Special Meeting
(Appeal No. 3539 - BETANCOURT decision, continued:)
structure set back ll7± feet from the front property line along
Grand View Drive and 105± feet from the top of bluff along the
Long Island Sound area.
4. By report dated August 19, 1986, the Suffolk County Soil
and Water Conservation District has assessed this project as
applied indicating some of the following factors: (a) the soil
shows lack of drainage and appears to be very showly permeable
to water; (b) the bluff area is low, stable and well-vegetated;
(c) the backyard area ~lo~es toward_the bluff. It is also
noted that additional weight close to the bluff top could cause
a large slide.
5. It is noted for the record that a waiver has been
issued by the N.Y.S. Department of Environmental Conservation
for this project due to its elevation above mean sea level.
6. Article XI, Section lO0-119.2(A)[1] requires all
buildings proposed on lots adjacent to Lonq Island Sound to
be set back not less than one-hundred (100) feet from the top
of bluff or bank. The amount of relief requested in relation
to the zoning requirements is substantial, being a variance of
65-70± feet, or 90%.
7. It is the opinion of the board members that: (a) the
variance as applied is not the minimal necessary; (b) any
drainage of the pool or discharge not be piped over the face
of the bluff under any circumstances; (c) the present vege-
tated areas along the north side of the dwelling near the
bluff shall be properly protected.
In considering this appeal, the board also finds and
determines that in granting reduction in the relief as an
alternative: (a) the project will not be inconsistent with
those generally existing in the neighborhood; (b) the relief
will be the minimal necessary under the circumstances; (c)
the circumstances of the property are unique; (d) there will
be no substantial change in the character of the area; (e)
the variance will not in turn be adverse to the safety, health,
welfare, comfort, convenience or order of the town; (f) in
view of all the above factors, the interests of justice will
be served.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
Southold Town Board of Appeals -12- November 3, 1986 Special Meeting
(Appeal No. 3538 BETANCOURT decision, continued:)
RESOLVED, that the following relief be and hereby is
GRANTED~in the Matter of the Application of JEFFRE¥]BETANCOURTi
under Appeal No. 3538 in the proposed construction of a inground
swimmingpool with deck area/gazebo:
1. Construction of deck and gazebo shall not be closer
than 45 feet from
2. Construction of pool shall not be closer than 50 feet
from top. of bluff;
3. All pool, deck and gazebo construction shall be a
minimum of 10 feet from the west side property line;
4. There shall be no disturbance of vegetation within
45 feet of bluff area;
5. There s'hall be no dumping of fill over bluff areal
6. Deck, pool and gazebo construction shall not be
physically attached to the dwelling structure in any manner.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
PENDING DECISION: Appeal No. 3464:
Application of TED DOWD for Variances to the Zoning
Ordinance, Articles III, Section 100-31, and XI, Section
100-119.2 for permission to locate new single-family dwelling:
(a) with an insufficient frontyard setback, (b) with an
insufficient sideyard setback, (c) with an insufficient rear-
yard setback, (d) with total lot coverage in excess of
maximum-permitted 20%; (e) with insufficient setback from
tidal wetlands. Location of Property: 350 Rabbit Lane, East
Marion, NY; County Tax Map Parcel No. 1000-31-18-8.
Following deliberations, the board took the following
action:
WHEREAS, a public hearing was held and concluded on
October 22, 1986 in the Matter of the Application of TED DOWD
under Appeal No. 3464; and
Southold Town Board of Appeals -13- November 3s 1986 Special Meeting
(Appeal No. 3464 - DOWD decision, continued:)
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 questions its present zonings and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. By this application, appellant requests permission to
construct a new single-family dwelling structure: (a) with an
insufficient frontyard setback at 20 feet at its closest distance,
(b) with an insufficient easterly sideyard setback at five feet;
(c) with an insufficient rearyard setback at 19~feet at its
closest point; (d) with total lot coverage in excess of
maximum-permitted 20 percent; (e) with an insufficient setback
from tidal wetlands at 19 feet [from ordinary highwater mark],
all as s.hown on sketched survey revised April 1, 1985.
2. The premises in question is a described parcel of land
located along the south side of Rabbit Lane, East Marion, Town-
ship of Southold, New York, containing a total area of 4,734± sq.
ft. with 50.36 ft. frontage along Rabbit Lane and lot depth of
94 feet.
3. The subject premises is located in the "A" Residential
and Agricultural Zoning District and is vacant. Abutting the
subject premises to the west is a parcel improved with a dwelling
structure set back 24± feet from Rabbit Lane. The premises
immediately east of the subject parcel is also presently vacant.
4. Article III, Section lO0-31, Bulk Schedule of the Zoning
Code requires a minimum: (a) frontyard setback at 35 feet (or
average established within 300 feet, 100-33); (b) sideyard set-
back at 10 feet, (c) rearyard setback at 35 feet. Article III,
Section 100-31, Bulk Schedule, limits lot coverage to a maximum
of 20 percent of the total lot area. Article XI, Section
100-119.2(B) requires all buildings proposed on lots adjacent
to tidal water bodies other than the Long Island Sound at not
less than 75 feet from the ordinary highwater mark.
Southold Town Board of Appeals -14- November 3, 1986 Special Meeting
(Appeal No. 3464 ='DOW_ D decision, continued:)
5~ The amount of relief requested in relation to the zoning
requinements are: (~) front yard, 15 fee~, o.r 43%, (b) side yard,
five feet, or 50%, (~) rear yard, 16 feet, or 46%, (d) lot
coverage, 703.2 Sq. ft., or 74.5%, Ce) wetlands setback, 56
feet, or 75%.
6. The board finds the general configuration and contours
of the parcel lend to the difficulties in locating a principal
structure, and strict adherence to the code regulations would
not be feasible.
7. It is the opinion of the board that the percentages of
relief requested in relation to the requirements are substantial
and are not the minimal necessary under the circumstances.
In considering this appeal, the board also finds and
determines that in granting reduction in the relief as an
alternative: (a) the project will not be inconsistent with
those generally existing in the neighborhood; (b) the relief
will be the minimal necessary under the circumstances; (c)
the circumstances of the property are unique; (d) there will
be no substantial change in the character of the area; (e)
the variance will not in turn be adverse to the safety, health,
welfare, comfort, convenience or order of the town; (f) in
view of all the above factors, the interests of justice will
be served.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr~ Grigonis, it was
RESOLVED, that the fOllowing relief be and hereby is
GRANTED in the Matter of the Application of TED DOWD under
Appeal No.'3464 in the proposed placement of a single-family
dwelling structure:
1. The frontyard setback not be less than 24 feet, in
line with the existing dwelling abutting this property to the
west (presently Moor);
2. The easterly sideyard not be less than nine feet, and
total sideyardS 24 feet (15 and 9);
3. The total lot coverage for all structures not to
exceed 22% at this time;
Southold Town Board of Appeals -15, November 3, 1986 Special Meeting
(Appeal No. 3464 - DOWD decision, continued:)
4. No construction or disturbance of area within 25 ft.
of ordinary highwater mark (except for bulkheading as may be
recommended by State, County or Town agencies, and after
receiving appropriate approvals in writing);
5. Setback from rear property line and ordinary high
water mark be not less than 25 feet.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly ado~ed.
PENDING DECISION: Appeal No. 3567:
Application of THOMAS WICKHAM for a Variance to the Zoning
Ordinance, Article XI, Section 100-119.2 for permission to
construct addition to dwelling within 75 feet of wetlands and
highwater mark along the West Side of West Creek Avenue,
Cutchogue, NY; County Tax Map Parcel No. 1000-103-13-10.
Following deliberations, the board took the following
action:
WHEREAS, a public hearing was held and concluded on
October 22, 1986 in the Matter of the Application of THOMAS
WICKHAM under Appeal No. 3567; 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. This is an application for a Variance from the Provisions
of Article XI, Section 100=119.2(B) for permission to extend the
enclosed_porch across the westerly (rear) side of the existing
dwelling of an area of approximately 10' by 10', maintaining the
same setback as presently exists at 79± feet from the ordinary
highwater mark along Wickham's Creek, as more particularly
shown by survey prepared by Roderick VanTuyl, P.C. March 26,
1980. It appears that the distance from the nearest point of
wetland is 60 feet, or more.
Southold Town Board of Appeals =16- November 3, 1986 Special Meeting
(Appeal No. 3567 - T. WICKHAM decision, continued:)
2. The premises in question is a described parcel contain-
ing an area of 14,676 sq. ft., with 85 ft. frontage along the
west side of West Creek Avenue, and 60.31 ft. frontage along
Wickham's Creek in the Hamlet of Cutchogue.
3. The subject premises is located in the "A" Residential
and Agricultural Zoning District and is improved with a
single-family structure and accessory garage located in the
sideyard area.
4. Article XI, Section lO0-119.2(B) requires all build-
ings proposed on lots adjacent to tidal water bodies other
than the Long Island Sound at not less than 75 feet from the
ordinary highwater mark.
5. It is the opinion of the board that the amount of
relief requested is very minimal, particularly since the porch
extension will be maintained at the same setback at the exist-
ing dwelling from the ordinary highwater mark.
In considering this appeal, the board also finds and
determines that the granting of the relief as requested:
(a) will not be inconsistent with the general neighborhood;
(b) will be the minimal necessary under the circumstances;
(c) will not create a substantial change in the character
of the area; (d) will not in turn be adverse to the safety,
health, welfare, comfort, convenience or order of the town;
(e) will serve the interests of justice.
Accordingly~ on motion by Mr. Grigonis, seconded by
Mr. Douglass, it was
RESOLVED, that the relief requested under Appeal
No. 3567 for permission to extend enclosed porch as more
particularly shown by sketched survey of an area of 10' by
10' in the Matter of the Applicatior of THOMAS WICKHAM, BE
AND HEREBY IS APPROVED, PROVIDED THAT THE PORCH EXTENSION
BE MAINTAINED AT THE SAME SETBACK LINE AS THE PORCH/DWELLING.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. This resolution was duly adopted.
(Member Doyen of Fishers Island was absent.)
Southold Town Board of Appeals -17- November 3, 1986 Special Meeting
PENDING DECISION: Appeal No. 3563:
Application of RITA F. GLEDICH for Variances to the Zoning
Ordinance, Articles III, Section 100-31, Bulk Schedule, and XI,
Section i00-119.2, for permission to construct open deck and
dwelling additions with: (a) total lot coverage in excess of
maximum-permitted 20% of lot area, and (b) an insufficient
setback from tidal wetlands and highwater mark along Eugene's
Creek, at the East Side of Oak Street, Cutchogue, NY; County
Tax Map Parcel No. 1000-136-1-46.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on Octo-
ber 22, 1986 in the Matter of the Application of RITA GLEDICH
under Appeal No. 3563; 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:
l. This is an application for Variances from the Provisions
of: (a) Article XI, Section 100-119.2(B) and (b) Article III,
Section 100-31 for total lot coverage of 26.8%, in order to
construct a 900 sq. ft. one-story addition and 375 sq. ft. deck
addition along the east side of the existing stucco dwelling
structure, with a proposed setback at not less than 50 feet to
the ordinary highwater mark along Eugene's Creek (at its
closest point).
2. The premises in question is a substantard parcel
consisting of "Lots 20 and 21" of ?Map of Eugene Heights" filed
in the Suffolk"County Clerk's Office as Map No. 856. The lot
area is 6100± Sqo ft. and has a frontage alonq the east side of
Oak Street of 50 feet, average lot depth of 1~2 feet and
frontage along Eugene's Creek of 50.16 feet (along a tie line).
3. The subject premises is located in the "Aj' Residential
Southold Town Board of Appeals -18- November 3~,, 1986 Special Meeting
' (Appeal No~ '3563 ~'GLED.I. CH decision, continued:)
and Agricultural Zoning District and is improved with a
pre-existi_gg, nQnhabitable building as evidenced by Certi-
ficate of Occupancy #Z9455 issued March 6, 1979.
4. Submitted for the record is a survey prepared by
Roderick VanTuyl, P.C. of October 23, 1979 certifying the
metes and bounds description of this parcel and the contours
as taken from the Suffolk County Department of Public Works
aerial survey (shown September 30, 1986). The area of the
proposed construction is landward of the existing 10 ft.
contour.
5. Article XI, Section lO0-119.2(B) requires all
buildings proposed on lots adjacent to tidal water bodies
other than the Long Island Sound at not less than 75 feet
from the ordinary highwater mark.
6. Article III, Section lO0-31 of the Bulk Schedule of
the Zoning Code requires a maximum lot coverage of all
structures at 20 percent of the total lot area. Twenty
percent of the total lot area of this parcel is 1220 sq.
ft., and the total proposed lot coverage would be 1635 sq.
ft. A variance is required in the amount of 415 sq. ft.
over the allowance. It is the position of the board that
the lot coverage is excessive and is not the minimal
necessary, and therefore a reduction to 24% (total) would
be feasible and within the spirit of the zoning ordinance.
7. The board agrees that the configuration of this
parcel lends to the difficulties requiring this variance
and finds that the relief as granted will be the minimum
necessary under the circumstances.
In considering this appeal, the board also finds and
determines that the granting of the relief as noted below:
(a) will not be inconsistent with the g~neral neighborhood;
(b) will be the minimal necessary under the circumstances;
(c) is not substantial in relation to the requirements;
(d) will not create a substantial change in the character
of the area; (e) will not in turn be adverse to the
safety, health, welfare, comfort, convenience or order of
the town; (f) will serve the interests of justice.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
Southold Town Board of Appeals -19-
November 2, 1986 Special Meeting
(Appeal No. 3563 .-~ GLEDICH decision, continued:)
RESOLVED, that Variances BE'AND HEREBY ARE GRANTED in the
Matter of.~the Application of RITA'GLEDICH for permisSion to
construct dwelling and deck additions to existing structure,
SUBJECT'TO T~iFO~.~Q.WI.~G CONDITIONS:
1. That the'setback from the ordinary highwater mark
not be less than 50 feet (as applied);
2. That the total lot coverage for all structures
shall not exceed 24% of the total lot area;
3. That the sideyards be not less than seven feet at
the north side and not less than 15 feet at the south side
(as applied).
vOte of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent ) This resolution was duly adopted°
NEW HEARINGS FOR NOVEMBER 20, 1986: The board members
reviewed each of the following matters no%ed for field
inspections and declared each file complete and ready'~or
adv6rtising for public hearings to be held on 11/20/86:
On motion by Mr. Goehringer, seconded by Mr. Douglass,
it was
RESOLVED, authorize and direct Board Secretary Linda
Kowalski to publish notice of the following matters for
public hearings in the Suffolk Times and L.I. Traveler-
Watchman, and BE IT FURTHER
RESOLVED, that the hearings be held during the Regular
Meeting of the Southold Town Board of Appeals on THURSDAY,
NOVEMBER 20, 1986, as follows:
7:35 p.m.
7:40 p.m.
7:45 p.m.
KI~;
Appeal No. 3573 - MARGARET AND JOSEPH BEST;
Appeal No. 3571 - MARGARET AND JOSEPH BEST;
Appeal No. 3568 - STAMATIOS AND ALENI RAPANA-
Sobthold Town Board of Appeals -20~
(HEARINGS.'FOR'NOV~' 20th, continued:)
7:50 p.m. Appeal No
7:55 p.m. Appeal No
8:00 p.mo Appeal No
8:05 p,m~ Appeal No
8:10 p.m. Appeal No
8:15 p.m. Appea'l No
8:20 p.m. Appeal No
8:40 p.m. Appeal No
8:55 p.m.
9:05 porn.
November 3, 1986 Special Meeting
3569 - BOATMEN'S HARBOR MARINA~
3572 MICHAEL AND JOYCE MATTES~
3565 FRANK FIELD REALTY INC. (V);
3566 - FRANK FIELD REALTY INC. (SE);
3570 - PAUL HENRY (SE);
3576 - BARBARA D. SCHRIEVER;
3552 - JOHN SENKO;
3574 - JOHN [ORETO;
Appeal No, 3562 - ANA G. STILLO;
Appeal No. 3519 - STEVEN SANDERS & ANO.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent.) This
resolution was duly adopted.
APPROVES OF MINUTES:
by Mr. Douglass., it was
On motion by Mr. Grigonis, seconded
RESOLVED, to approve the following Minutes of the Southold
Town Board of Appeals as submitted:
October 10, 1986 Special Meeting, pp. 1-22;
October 22, 1986 Regular Meeting, pp. 1-16.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent.) This
resolution was duly adopted.
Southold Town Board of Appeals -21-
November 3, 1986 Special Meeting
COMMUNICATIONS: Appeal No. 3564 JOHN DEMPSEY (Raeburn-Murphy,
prior files}~'~'~ board ~cknowledged r~--ceipt of ...... correspondence
from Mar.y Elizabeth Murp'hy~ and .B6ard Secretary Linda Kowalski was
asked'to obtain information from Planning Board concerning_ pending
minor~'subd~'i'§~n~. The Chai. rman indicated that upon receipt of
the Planning Board status, he would consult with the Town Attorney
before advertising this matter for a public hearing on the
wetlands setback for a proposed new dwelling, Lot #2.
UPDATE: Appeal No. 3550 - SCHOENSTEIN/NORTH FORK WELDING.
The board was in receipt of correspondence received from
J. Kevin McLa~ghlin, Esq. and also from Stephen R. Angel, Esq.
concerning the above matter. It was questionable as to the
basis of Mr. Angel's claim that a wetlands setback was not
required, and it was suggested that Mr. Angel be contacted
to explain the basis of his position, particularly since the
Town Trustees have declared the "ditch" area to be overgrown
with wetland grasses. The board indicated that they would
hold off making a determination in this matter until this
position is clarified by Mr. Angel briefly in writing in the
very near future. The Chairman indicated that Mr. Angel was
recently contacted by telephone.
REVIEW: Appeal No. 3575 - ROSA HODGSON. The board
reviewed the recent application of Rosa Hodgson filed by
Garrett A. Strang, Architect in the proposed set-off of
a substandard parcel from the entire premises located at
the north side of Pine Neck Road, Southold, which requires
this area variance. The board requested the following
information and authorized the Board Secretary to send
a written request for same to Mr. Strang:
(a) copy of Suffolk County Health Department Article 6
waiver, approval or other action~
(b) input from the Southold Town Planning Board con-
cerning the general lay-out and access elemen~s~
(c) copies of a Pre-Certificate of Occupancy or
other Certificate of Use which has been issued concerning
the use of the entire premises and the nonconforming use
as exists;
(d) copies of deeds or other instrument indicating
the access to the existing cottage (over other lands as
shown).
Southold Town Board of Appeals -22- November'3, 1986 Special Meeting
(Appeal No. 3575 ' ~HODGSON review, continued:)
It was noted that the Planning Board would be meeting and conveying
its comments on the set-off elements at their November 10, 1986
meeting.
There being no other business properly coming before the board
at this time, ~he Chairman declared the meeting adjourned. The
meeting was adjourned at 9:00 oXclock p.m.
Respec{fu'lly submitted,
Linda F. Kowalski, Board Secretary
SouthQ.ld Town. Board of Appeals
¢ECEIVED AND FZ E
ri'HE SOUTHOLD TOWN CLERK