HomeMy WebLinkAboutZBA-10/10/1986 SPEC APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS..IR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
HAIN ROAD-STATE ROAD 25 r:OUTHOLD, L.I., N.Y. ]197]
TELEPHONE (516) 765-1809
MINUTES
SPECIAL MEETING
FRIDAY, OCT-OBER lO, 1986
A Special Meeting of the Southold Town Board of Appeals
was held on FRIDAY, OCTOBER 10, 1986 at 7:00 o'clOcK p.m. at
the Southold Town Hall, Main Road, Southold, New York 11971.
Present were: Gerard P. Goehringer, Chairman; Charles
Grigonis, Jr.; Robert J. Douglass; and Joseph H. Sawicki.
Absent was Serge Doyen, Member, of Fishers Island, due to
illness. Also present were: Victor Lessard, Building-Depart-
ment Administrator, Linda Kowalski, Board Secretary, Mark
Wooley, reporter from the L.]. Traveler-Watchman, and several
persons in the audience(at the beginning of the meeting).
PENDING DECISION: Appeal No. 3477:
Application of WILLIAM'AND KATHERINE HEtNS for a Variance
to the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for approval 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 6o
Following deliberations, the board took the following action:
WHEREAS, public hearings were held on April 3, 1986, May 22,
1986, August 14, 1986 and September 11, 1986, at which time the
hearing was officially concluded; and
WHEREAS, at said hearings, all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the board has carefully considered all testimony and
Southold Town Board of Appeals -2- October 10, 1986 Special Meeting
(Appeal No. 3477 - HEINS decision, continued:)
documentation submitted concernin§ 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 Variances from
Article III, Section 100-31, Bulk Schedule of the Zoning Code
which requires: (a) a minimum lot area of 80,000 sq. ft., (b)
a minimum lot width [fronta§e] of 175 feet, and (c) a minimum
lot depth of 250 feet.
2. The property in question contains a total area of
48,839 sq. ft., total lot width (frontage) of 242.10 feet and
average lot depth of 220.07 feet. The subject premises is
improved with the following structures: (1) 1½-story framed,
single-family dwelling, (2) nonconforming frame cottage,
(3) accessory shed, (4) accessory garage, all as shown
by survey map prepared July 2, 1986 by Roderick VanTuyl, P.C.
The premises was conveyed to Katherine Heins by deeds: (a)
at Liber 5129 cp 89 dated January 21, 1962 by W.C_ Duvall, and
(b) at Liber 5487 cp 487 dated ~anuary 3, 1964bY W.C. Duvall.
3. Appellants request area variances of two proposed
parcels in this pending division of land as follows: (a) the
westerly portion of 27,742 sq. ft. in area, 133.99 feet along
the Main Road and 146.53 feet along the Old Main Road, and
193.62 feet in depth, retaining -~he two existing residential
dwelling structures and accessory storage buildin§s; (b)
the easterly portion of 21,097 sq. ft. in area, lot width of
108.11 feet and average tot depth of 242.11 feet. It appears
that the nonconforming status of the existing dwellings will
not be upgraded by this application, and a third dwelling
structure is anticipated.
4. On October ll, 1983, under Appeal No. 3144, appel-
lants were denied area variances in a proposed division of
this property for the reasons stated therein~ and on November 2,
1983, the Suffolk County Department of Planning disapproved
same after review in accordance with the requirements of the
Suffolk County Charter. To dates there has been no change
concerning these actions.
Southold Town Board of Appeals -3'- October 10, 1986 Special Meeting
(Appeal No. 3477 - HEINS decision, continued:)
5. On October 16, 1984, the Suffolk County Department of
Health issued approval of construction after applicatiOn by the
appellant(s) for the proposed new dwelling under #14-S0-208.
6. On March 22, 1985, a building permit was issued by the
Town Building Department after application by the appellant(S)
for a new single-family residence under #13778Z, on a parcel of
an area of 18,984 sq. ft. as shown by the building-permit
application and survey prepared October 12, 1984 by Roderick
VanTuyl, P.C.
7. On November 29, 1985, Long Creek Homes was engaged by
the applicants, who advanced to him a check of $11,983.00.
8. By early December 1985, the lot had been cleared and
a portion of the footings installed. There has been no other
construction to this date.
9. On or before December 24, 1985, Building Permit #13778Z
was properly revoked by the Building Department.
10. On February 28, 1986, this application for a variance
was filed in complete form with the Southold Town Clerk for
processing by the Board of Appeals.
ll. It is further noted for the record that to date no sub-
division or set-off approvals have been rendered by the
Southold Town Planning Board, concerning this pending division
of land.
12. In viewing the character of the area, the board finds
a majority of the parcels in the area contain an area of
40,500 sq. ft. or more:
(a) to the north, a 3.3-acre parcel~
(b) to the east, a 1.6-acre parcel;
(c) directly south along the south side of the Main Ro6d~
an 18.2-acre parcel;
(d) west of the westerly side of the Old Main Road, a 1.9-
acre parcel~
(e) two lots east, a 40,500± sq. ft. parcel, and a 44,000±
sq. ft. parcel.
Southold Town Board of Appeals -4- October 10, 1986 Special Meeting
(Appeal No. 3477 HEINS decision, continued:)
13. The percentage of the lot area required in the zoning
code by this application is: (a) 73% for the proposed easterly
parcel, (b) 65% for the proposed westerly parcel.
In considering this application, the board also finds and
determines that: (a) the relief requested is substantial in
relation to the requirements, (b) that the difficulties claimed
are not sufficient to warrant a granting of the relief requested,
(c) the character of the immediate area would be adversely
affect by the granting of the variance, (d) the variance will
in turn cause a substantial effect on the safety, health, welfare,
comfort, convenience, order of the town, (e) in view of the
manner in which the difficulties arose, the interests of justice
will best be served by denying the variances appl~6d.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Sawicki, it was
RESOLVED, that the relief requested under Appeal No. 3477
in the Matter of the Application of WILLIAM AND KATHERINE HEINS
BE AND HEREBY IS DENIED.
Vote of the Board:
Douglass and Sawicki.
absent due to illness.)
Ayes: Messrs. Goehringer, Grigonis,
(Member Doyen of Fishers Island was
This resolution was duly adopted.
UPDATE: Appeal No. 3513 - Matter of STEPHEN SHILOWITZ.
Condominium complex within 75 feet of bulkhead(s) and tidal
waters. West Side of Sixth Street, Greenport. Verbal testimony
concluded 9/11/86; written concluded 10/2/86). The Secretary
6dvised the board members that she spoke with Mr. Newman, Chief
Planner of the Suffolk County Planning Commission, and further
advised the board of the conditional approval taken at their
recent meeting. Written confirmation has not as of this date
been received, and the decision was temporarily held in
abeyance.
Southold Town Board of Appeals -5- October lO, 1986 Special Meeting
PENDING DECISION: Appeal No. 3544:
Application of JAMES F. WARWICK for a Variance to lift Condition
of prior Z.B.A. Appeal No. r1729 rendered March 8, 1973 to allow new
construct of a single,family dwelling at premises located along the
south side of Fasbender Avenue, Peconic, NY; Bailey Park Map filed
September 26~ 1932, Subdivision Lot No. 11; Counts Tax Map Parcel
No. 1000-67-6-7.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on September ll,
1986 in the Matter of the AppZication of JAMES F~ WARWICK under Appeal
No. 3544; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony n.ecorded; 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 relief of
condition rendered on March 8, 1973 .by the Board of Appeal_s
under Appeal No. 1729 concerning Lots~#11, Map of Bailey
Parks and #9, Map of Blanche T. Di~ckinson, at Peconic, ~o
allow construction of a new single-family dwelling.
2. The premises in question is referred to as Parcel
II as conveyed to the appellant on December 13, 1976 at
Liber 8158 cp 334 from James DeVito and Robert Clark, and
more particularly shown on the Suffolk County Tax Maps
as District 10002 Section 67, Block 6, Lot 7. The subject
premises, described as Parcel II contains a lot area of
7,022 sq. ft., 50-ft. lot width and 140.45 ft. lot depth.
premises is vacaqt.
The
3. After reviewing the records concerning the prior
Appeal, No. 1729 filed by Patrick and Margaret Walsh~ ~t
was the owners intent to ~sell a 50' by 140' strip of
land to James Clark and Robert DeVito~ for uses accessory
Southold Town Board of Appeals -6- October 10, 1986 Special Meeting
(Appeal No. 3544 - WARWICK, decision, continued:)
to their residence (1000-67-6-14). Both the existing
residence lot and the vacant l~t in question did not _meet
the minimum lot area, width and depth requirements of the
Bulk Schedule of the Zoning Code. In 19Z6, a minimum lot
area of 40,000 sq. ft., lot width of 150, and lot depth of
175 were required. No approvals have ~been received to
date from the Southold Town Planning Board for a subdivision
or set-off division of land concerning these premises.
4. The records are clear that it was the intent of
the owners of the premises in question and the Board of
Appeals that this 50' by 140±' _portion of land was substn-
ti_ally less than the zoning req~irements~ and that the
owners wished to dispose of it_by selling to the contiguous
property owners, who would have bett~r en.joyment of the_
propert~ for accessory residential purposes°
5. On May 7, 1985, Certificate of Occupancy for vacant
land #Z13411 was improperly issued for Property l_ocated at
305 Fasbender Avenue, ~econic, 1000-67-6-7; an~ by memorandum
of the Building Inspector dated_March 25, 1986, the Certificate
of Occupancy was declared null and void.
6. Applicant has submitted copies of a credit memo from
Acorn Structures Inc. describing Job #7935 for an added deck
and 36" casement with an approxi_mate shipping date of 3/31/86,
and unpaid invoice #1516 dated 12/9/85, Job #7935, with an
approximate shipping.date of 1/5/86 of a prefabricated house
shell. No evidence has been s_ubmitted as to pre-payment of
the shell or acceptance in writing by Acorn Structures. It
appears that appellant canceled hi_s order and his deposit was
refunded after dedu~cting $38~.00 for design time.
7~ It is also noted for the record that no building
permit application has been filed or issued concerning the
subject premises to date.
8. In viewing the character of the immediate area,
parcels adjoining this portion of land on the east contains
an area of 20,00~± sq. %t., to the west an area of 14,000±
sq. ft., to the southwest an area of 14,000± sq. ft. (County
Tax Map Parcels 1000-67,6-9.1, 6 and 15, respectively).
9. The percentage of the lot area required in the zoning
code requested by this apeplication is 90+ ~percent, which is
substantial.
In considering this application, the board also finds
Sou~hold Town Board of Appeals -7- October 10, 1986 Special Meeting
(Appeal No. 3544 - WARWICK, decision, continued:)
and determines that: (a) the difficulties claimed are not
sufficient to warrant a granting of the relief requested,
(b) the character of the immediate area wQuld be adversely
affected by the granting of the variance; (c) the percentage
of relief requested is substantial in relation to the require-
ments; (d) this parcel will not be within the character of
those existing in the immediate area; (e) the variance will
in turn cause a substantial effect on the safety, health,
welfare, comfort, convenience, order of the town; (f) in
view of the manner in which the difficulties arose, and in
consideration of the above factors, .the interests of justice
will best be served by denying the variance applied.
Accordingly, on motion b~ Mr. Grigonis, seconded by
Mr. Sawicki, ~t.~as
RESOLVED, that the relief requested under Appeal No.
3544 in the Matter of the Application of JAMES F..iWARWICK
BE AND HEREBY IS DENIED.
Vote of the Board: Ayes. Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member DOyen of Eishers.Island was
absent.) This resolution was duly adopted.
PENDING DECISION: Appeal No. 3551:
Application of RIAL REALTY CORP. for Variances to the Zoning Ordinance,
Article III, Section 100-31, Bulk Schedule, for approval of insufficient
lot width of three proposed parcels in this pending minor subdivision
located at the northerly end of proposed right-of-way extending from the
north side of Oregon RQad, Mattituck, NY; County Tax Map Parcel No. 1000-
95-1-3. Containing 47.0520 acres total,
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on September 11,
1986 in the Matter of the Application of RIAL REALTY CORP. under Appeal
Noo 3551; 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
'Sout~old Town Board of Appeals -8- October 10, 1986 Special Meeting
(Appeal No. 3551 RIAL REALTY, decision, continued:)
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. The premises in question is a described parcel containing
a total acreage of 47.0520, with 536.38 ft. frontage along the
(north)west side of Oregon Road, Mattituck, and along the _Long
Island Sound 451.55 feet, and is more particularly shown on the
Suffolk County Tax Maps as District IOQO, Section 95, Block 1,
Lot 3..
2. The subject premises is improved at the most southerly
end with a single-family 2½-story frame dwelling, and four acces-
sory buildings located in the rear .yard area.
3. By this application, appellant requests approval of
the proposed insufficient lot width of Lots #3 and #2 of 150
feet and of Lot ~l of not less than 1~3 feet. The proposed lots
will contain.a minimum lot _area of 94,770 sq. ft., all as shQwn
by minor subdivision map dated January 30, 1~986, revised March 20,
1986, prepared by Peconic Surveyors and Engineers, ?.C.
4. Article III, Section 1~0-31~ Bulk Schedule, Column "A-80'
of the Zoning Code requires a minimum lot width of 175 feet. The
percentage of relief requested in relation to this requi~rement
is 15% for proposed Lots 1 and 2, and seven percent for proposed
Lot #3.
In considering this appeal, the board also finds and determines:
(a) the character.of the 1. and ~nd circumstances are unique; (b)
the variance will not in turn cause a substantial effect_of
increased population density or be adverse to the safety, health,
welfare, comfort, convenience and order of the town; (.c) the
practical difficulties are sufficient; (d) there will be
no substantial detriment to adj.oining properties; (e) the
difficulty cannot be obviated by some method feasible for appel-
lant to pursue other than a variance; (f) the relief requested
is not substantial~ (g) that in view of the above factors, the
interests of justice will best be served by granting the variance,
as noted bel. ow.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
'Sout~old Town Board of Appeals -9- October 10, 1986 Special Meeting
(Appeal No. 3551 RIAL REALTY, decision, continued:)
RESOLVED, that the relief requested under Appeal No. 3551
in the Matter of the Application of RIAL REALTY CORPORATION of
insufficient lot width of 150 feet for Lots #3~and #2, and
163 feet for Lot #1, BE AND HEREBY IS A~PROVED SUBJECT TO THE
FOLLOWING .CONDITIONS:
1. No disturbance of land within the 50-ft. distance shown
along the 49.5' contour line of proposed Lot
2. The dimensions of the l~ts'shall be as shown by minor
subdivision map lastly revised ~uly 21, 1986; no lot-line changes
shall be permitted.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Mem~ber Doyen of Fishers ~Island was absent.)
This .reoslution was duly adopted.
PENDING DECISION: Appeal No. 3559:
Application of LEONARDUS AND MARIE VANOUDENALLEN for a Variance to
the Zoning Ordinance, Article III, Section 1QO-21 for permission to
construct addition to dwelling with an insufficient frontyard setback,
at 230 Sailor's Lane, Cutcho§ue, NY; Distri. ct 1000, Section lll,
Block 14, Lot 07.
Following deliberations, the board took the following action:
WHEREAS, a p~blic hearing was held and concluded on October 2, 1986
in the Matter of the Application of LEONA'RDUS AND MARIE VANOUDENALLEN
under Appeal No.~ 3559; 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 applicationl 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:
Southold Town Board of Appeals -10- October 10, 1986 Special
(Appeal No. 3559 VANOUDENALLEN, decisions continued:)
Meeti ng
1. The premises in question is a described parcel located
along_the north side of S~ilors Lane, Cutchogue, and i~ more
particularly shown and identified on_the Suffolk County Tax Maps
as District 1000, Section 114, Block 14, Lot~7.
2. The subject premises contains a lot area of approximately
.65 of an acre, and is improved with a single-family, tKo-story
frame ~dwelling, which was constructed 1/23Z67 under Building
Permit #3265Z. The existing dwelling is set back 35 feet from
the front property line along Sailors Lane, 12 feet from the
easterly side yar~, 100 feet from the westerly side yard, and
104 feet from the rear property line (at its closest .points).
3. By this application, appellants request a variance from
Column "A" of the ZQning Code Bul_k Schedule for the proposed..
construction of a 28± ft. deep by 42'10" wide dwelling addition
which would leave an in. sufficient setback from the arc of a
cul-de-sac at 28'9" at its closest point and 32'2" at the south-
westerly corner of the proposed addition.
4. Article III, Section 100-31, Column "A" of the Bulk
Schedule requires a minimum frontyard setback at 35 feet. The
relief requested is 6'4", or a percentage of 20% of the
requirements.
5. The proposed addition will be in line with the existing
angle of the dwelling and will not protrude or be of unusual
character.
In considering this appeal, the board also finds and
determines: (a) _the configuration of the lot lends to the
unique circumstances of this application; (b) the variance
will not in turn cause a substantial effect of increased
population density or be adverse to the safety, health, wel-
fares comfort, convenience, order of the town; (c~ the
practical difficulties are sufficient; (d) there will be
no substantial detriment to adjoining properties; (e) the
relief requested is not substantial; (.f) ~n view of the manner
in which the difficulties arose and in considering the above
factors, the interests of justice will be served ~y granting
the variance, as noted below.
Accordingly~ on motion by Mr. Goehringer, seconded by
Mr. Sawickis it was
Southold Town Board of Appeals -ll- October 10, 1986 Special Meeting
(Appeal No. 3559 - VANOUDENALLEN, decision, continued:)
RESOLVED, that the relief requested under Appeal No. 3559
in the Matter of the Applicati_on of LEONARDUS AND MARIE
VANOUDENALLEN for an insufficient frontyard setback at not
less than 28 feet as shown by survey amended September 16,
1986, prepared by Roderick VanTuyl, P.C., BE AND HEREBY IS
APPROVED.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen, Fishers Island, was absent
due to illness.) This resolution was duly adopted.
PENDING DECISION: Appeal No. 3554:
Application of NORMAN AND KAREN REICH for a Variance to the
Zoning ~Ordinance, Article III, Section 100-21 for permission to-
construct dwelling with an insufficient rearyard setback, at
1809 Right-of-way off the East Side of Rocky Point Road, East
Marion, NY; District 1000, Section 31, Block 3, Part of Lot 10;
Kimon and Retzos Minor Subdivision #81., Lot #2.
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 NORMAN AND KAREN REICH under Appeal
No. 3554~ 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 zonin§, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. The premises in question is known and referred to as Lot ~2,
Minor Subdivision No. 81, approved by the Southold Town Planning
Board during 1973, and contains a total lot area_of 44,216 (inclusive
of six-ft. ~ide right-of-way extending al~ong the easterly property
line).
Southold Town Board of Appeals -12- October 10, 1986 Special Meeting
(Appeal No. 3554 - REICH, decision, continued:)
2. The subject premises is presently vacant and is more
particularly shown and identified on the Suffolk County Tax Maps
as District 1000, Section 31, Block 3, Lot 10.
3. By this application, appellants request permission to
locate a new single-family dwelling with attached garage With an
insufficient setback from the rear.property line at 37 feet..
4. Column "A-40" of the Bulk Schedule of the Zoning Code
requires a minimum rearyard setback at 50 feet. Article ~III,
Section 100-32 permits accessory buildings in the rear yard
area with setbacks at three feet from all property lines. The
depth of the subject parcel is 135 feet, which is ~substandard.
5. For the record, it is noted that improvements of this
private right-of-way from the easterly side of Rocky Point Road
to within the first 25 feet of the subject parcel were accepted
as conditioned by Appeal No. 3337 rendered June 13, 1985 pursuant
to New York Town Law, Section 280-a.
In considering this appeal, the board also finds and deter-
mines: (a) the circumstances of the property are unique and
lend to the practical difficulties; (b) the variance will not
in turn cause a substantial effect of increased population
density or be adverse to the safety, health, welfare, comfort,
conveni.ence, order of the town; (c) there will be no
substantial detriment to adjoining properties;~ (d) the relief
requested is not substantial in relation to the requirements;
(e) in view of the above factors,~the interests of justice will
be served by granting the variance applied.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Grigonis, it. was
RESOLVED, that the relief requested under Appeal No. 3554
in the Matter of the Application of NORMAN AND KAREN~REICH of
an insufficient rearyard setback at not closer than 37 feet as
shown by survey of August 5, 1986, prepared by Peconic Surveyors
and Engineers, P.C., BE AND HEREBY IS APPRDVED.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Mem.ber Doyen, Fishers Island, was absent
due to illness.) This resolution was duly adopted.
Southold Town Board of Appeals -13- October 10, 1986 Special Meeting
PENDING DECISION: Appeal No. 3534:
Applica{ion of ROBERT WADDINGTON for a Variance to the Zoning Ordi-
nance, Article III, Section 100~31, Bu_lk Schedule for permission to
construct addition to existing building with insufficient side and
rear yard setbacks, at 13175 Main Road, Mattituck, NY; County Tax Map
Parcel No. 1000-140-03-038; "B-I" General Business Zoning District.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on September 11,
1986 in the Matter of the Application of ROBERT WADDINGTON under
Appeal No. 3534; 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. The premises in question is a described parcel containing
a total area of 16,580 sq. ft. and frontage along the north side
of Main Road, Mattituck of 84.22 feet, lot width along the rear
property line of 63.66 feet, and average lot depth of 221 feet.
2. The subject premises is located in the "B-I" General
Business Zoning District and is presently improved with a
structure as shown by survey amended June 30, 1986 submitted
with the application with floor area of 3200± sq. ft., having
setback of 14 feet from the westerly side line, 18 feet from
the easterly side line, five feet from the northeast corner of
the existing buildi.ng to the closest point at the northerly
portion of the easterly side line, and 89± feet to the rear
property line.
3. By th'is application, appellant requests permission to
locate a 70' by 30' wide addition at the rear of the existing
building with an insufficient sideyard setback from the easterly
~roperty line (at its closest point) at two feet and with an
Insufficient rearyard setback at 19 feet (at its closest point).
Southold Town Board of Appeals -14- October 10, 1986 Special Meeting
(Appeal No. 3534 - WADDINGTON, decision, continued:)
The ~esterly sideyard area along the proposed addition will
remain open and unobstructed 30 feet in width for turnarounds
and manueverin§ of vehicles and equipment.
4. Article VII, Section lO0-71, Bulk Schedule of the Zoning
Code requires a minimum sideyard at 25 feet, total sideyards at
50 feet, and minimum rearyard at 35 feet. The relief requested
for the easterly sideyard is 23 feet, or 92% of a variance from
the requirement. The relief requested for the total sideyards
is 18 feet, or 36% of the requirement. The relief requested
for the rear yard is 16 feet, or 55% of the requirement.
5. It is the consensus of the board that the easterly
side yard must remain open five feet to allow for necessar~
access for emergency reasons, and therefore condition this
approval on a minimum sideyard at the easterly side at five
feet and total sideyards at not less than 35 feet for the
new addition.
In considering this appeal, the board also finds and deter-
mines: (a) the circumstances of the property ar.e unique and
lend to the practical difficulties~ (b) the variance as condi-
tionally granted will not in turn cause a substantial effect of
increased population density or be adverse to the safety, health,
welfare, comfort, convenience, order of the town; (c) there
will be no substantial detriment to adjoining properties; (d)
the relief requested is not substantial; (e). in view of the
above factors, the interests of justice will be served by
grantin~g the variance, as conditionally noted below.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
RESOLVED, that a Variance for an insufficient easterly
sideyard setback at five feet, insufficient total sideyards
at 35 feet, and insufficient rearyard setback at 19 feet,
for the proposed addition applied in the Matter of the Appli-
cation of ROBERT WADDINGTON under Appeal No. 3534, BE AND
HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Easterly sideyard setback of new addition to be not
closer than five feet, open and unobstructed;
2. Northerly rearyard setback of new addition to be
not closer than 19 feet as applied;
3. Westerly sideyard setback of new construction to be
Southold Town Board of Appeals -15- October 10, 1986 Special
(Appeal No. 3534 WADDINGTON, decision, continued:)
Meeting
not closer than 30 feet as applied, open and unobstructed at
all times;
4. Withdrawal of Appeals No. 3100 and 3lO1.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen, Fishers Is. land, was absent
due to illness.) This resolution was. duly adopted.
PENDING DECISION: Appeal No. 3533:
Application of JOHN AND JEANNE BREDEMEYER for a Variance to the
Zoning Ordinance, Article XI, Section 100-119.2 for permission to
locate single-family dwelling structure within 75 feet of ordinary
highwater mark along Orient Harbor. Location of Property: West Side
of Bay Avenue, Orient, NY; County Tax Map Parcel No. 1000-26-1-8.
Following deliberations, the board took the following action:
WHEREAS, public hearings were held on August 14, 1986, and
September ll, 1986 in the Matter of the Application of JOHN AND
JEAN BREDEMEYER under Appeal No. 3533; 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 alt 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. The premises in question is a described parcel containing
a total area of 6,300 sq. ft., frontage (lot width) along the
west side of Bay Avenue of 111.67 feet, lot depth along the south-
erly property line 52 feet and along the northerly property line
74 feet.
2. The subject premises is vacant and is more particularly
Southold Town Board of Appeals -16- October 10, 1986 Special Meeting
(Appeal No. 3533 - BREDEMEYER, continued:)
shown and identified on the Suffolk County Tax Maps as District
1000, Section 262 Block 1, Lot 18.
3. Article XI, Section 100-119.2, sub-paragraph B, requires
all buildings proposed on tots 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 feet from the
landward edge of the tidal wetland, whichever is greater.
4. By this application, appellants propose to locate a
22' by 57' single-family dwelling structure with setbacks as
follow: (a) from the front property line along Bay Avenue at
15 feet, (b) from the existing concrete bulkhead at the rear
of the premises at 13 feet, and six feet at its closest point,
(c) from the northerly side at 20 feet and southerly side
at 27 feet. The setback of the garage section of the proposed
structure will be 14 feet from the ordinary highwater mark (rear
property line) at its closest point and 27 feet from the
northwesterly corner of the proposed dwelling.
5. It is noted for the record that: (a) by action taken
May 29;~'1986, the Southold Town Trustees approved this project
under Wetland Application #358; (b) letter from the N.Y.S.
Department of Environmental Conservation, TW #15276-0287~
indicates that no permit under Article 25 is required; (c)
the elevation of the lowest floor with utilities, or first
floor, will be not less than nine feet above mean sea level
all as required by Chapter 46 of the Floodplain Law; (d)
Certificate of Occupancy #Z14922 was issued September 30, 1986
by the Southold Town Building Department.
6. It is also noted for the record that relief for
the frontyard setback is not necessary inasmuch as the
setback proposed is the same as the established dwelling
to the south and will meet the requirements of Section 100-33.
7. The relief requested is the minimal necessary in view
of the character and dimensions of this lot.
In considering this appeal, the board finds and determines:
(a) that the relief requested is not substantial in relation
to those setbacks generally established in this vicinity; (b)
the practical difficulties claimed are sufficient to warrant
a granting of the relief requested; (c) there will be no
substantial change in the characte of the district; (d)
the circumstances are unique; (e there is no other method
Sou~hold Town Board of Appeals -17- October 10, 1986 Special Meeting
(Appeal No. 3533 - BREDEMEYER, continued:)
feasible for appellant to pursue other than variances~ (f)
that in view of the manner in which the difficulties arose and
in consideration of all the above factors, the interests of
justice will be served by allowing the relief, as conditionally
noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Grigonis, it was
RESOLVED, to approve the relief requested under Appeal
No. 3533 in the Matter of JOHN AND JEANNE BREDEMEYER as
applied and depicted by survey revised May 12, 1986 prepared
by Roderick VanTuyl, P.C., SUBJECT TO THE FOLLOWING CONDITIONS:
I. Compliance with the lowest-floor elevation requirement
of the Floodplain Management Law;
2. No fill to be placed in rearyard area which would
extend over the height (at the top of the existing cement
bulkhead;
3. No further setback reductions into the westerly rear yard,
the northerly side yard, and the easterly front yard areas.
4. Total lot coverage for all structures not to exceed 20%
as provided by the Bulk Schedule of the Zoning Code.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent due to illness.)
This resolution was duly adopted.
Southold Town Board of Appeals -18-October 10, 1986 Special Meeting
PENDING DECISION: Appeal No. 3555:
Application of SHIRLEY HOMAN for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to construct addition to dwell-
ing with an insufficient rearyard setback, at 160 Smith Drive, Peconic,
NY; District 1000, Section 98, Block 3, Lot 38.
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 SHIRLEY HOMAN under Appeal
No. 3555; 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. The premises in question is known and referred to as Lot
#3, Indian Neck Park, Subdivision Map dated May 27, 1913, County
Filed Map No. 551, and is more particularly identified on the
Suffolk County Tax Maps as District 1000, Section 98, Block 3,
Lot 38.
2. The subject premises is located in the "A" Residential
and Agricultural Zoning District and is improved with the follow-
ing structures: (a) one single-family dwelling set back 40 feet
from the front property line along "Private Road," 36½ feet from
the northerly side line and 39± feet from the rear (westerly)
property line; (b) accessory garage structure, 20' by 26 feet;
(c) accessory 10' by 16' shed.
3. The subject premises contains a total area of 10,623±
square feet and has a lot width of 100 feet and average lot
depth of 105 feet.
4. By this application, appellant requests permission to
construct an addition at the northerly end of the existing
dwelling structure with a setback of not less than 25 feet
from the rear property line and 20'6" from the northerly
side property line.
5. Article III, Section lO0-31, Bulk Schedule of the Zoning
Code requires a minimum rearyard setback of a principal dwelling
Structure to be 35 feet. A variance is requested of 10 feet, or
Southold Town Board of Appeals -19~ October 10, 1986 Special Meeting
(Appeal No. 3555 SHIRLEY HOMAN, decision, continued:)
29% of the requirements.
6. For the record it is noted that a Building Permit under
No. 15084Z was issued on July 11, 1986, and a stop order was
served on September 9, 1986, for this addition.
7. It is the opinion of the board that the reduction from
35 feet to 25 feet for the proposed 16' wide addition is not
substantial in relation to the requirements and will be within
the spirit of the zoning ordinance.
In considering this appeal, the board also finds and deter-
mines: (a) that the relief requested is not substantial in
relation to the requirements; (b) there will be no substantial
change in the character of the district; (c) the circumstances
are unique; (d) there is no other method for appellant to pursue
other than a variance, particularly in view of the size of this
parcel; (e) the variance will not in turn cause a substantial
effect of increased population density or be adverse to the safety,
health~ welfare, comfort, convenience, or order of the town;
(f) there will be no substantial detriment to adjoining proper-
ties; (g) that in view of the manner in which the difficulties
arose and in view of the above factors, the interests of justice
will best be served by granting the variance, as conditionally
noted below.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Goehringer, it was
RESOLVED, that the relief requested under Appeal No. 3555
in the Matter of the Application of SHIRLEY HOMAN to reduce
the rearyard setback from 35 feet to 25 feet for a proposed
16' wide addition, as shown on sketched survey submitted
with the application, BE AND HEREBY IS APPROVED SUBJECT TO
THE FOLLDWING CONDITIONS:
1. The northerly sideyard setback be maintained at
20'6", as exists;
2. The rearyard setback shall be a minimum of 25 feet.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
Southold Town Board of Appeals -20- October 10, 19.86 Special Meeting
PENDING DECISION: Appeal No. 3540:
Application of MARK AND lORRAINE LaROSA for a Variance to the Zoning
Ordinance, Article XI, Section 100-119.2(B) for permission to construct
deck addition at rear of existing dwelling within 75 feet of ordinary
highwater mark along "Horton Creek," located along the north side of Albo
Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-2-12.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on September Il,
1986 in the Matter of the Application of MARK AND LORRAINE LaROSA under
Appeal No. 3540; 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. The premises in question is a described parcel with 100 ft.
frontage along the north side of Albo Drive at Laurel, containing
a total lot area of 24,990± sq. ft., and is more particularly iden-
tified on the Suffolk County Tax Maps as District 1000, Section 126,
Block 2, Lot 13.
2. The subject premises is located in the "A" Residential and
Agricultural Zoning District and is improved with one single-family
dwelling as shown by survey amended April 23, 1984, set back 37 feet
from the front property line and 55 feet from the ordinary high
water mark along "Horton Creek."
3. By this application, appellant requests permission to
constr~ct a 12' by 22' open deck attached at the rear of the exist-
ing dwelling leaving a reduced setback from 55 feet to not less
than 43 feet from the ordinary highwater mark.
4. Article XI, Section 100-119.2, sub-paragraph B, requires
6outhold Town Board of Appeals -21- October 10s 1986 Special Meeting
(Appeal No. 3540 LaROSA decision, continued:)
all buildings proposed 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 feet from the
landward edge of the tidal wetlands whichever is greater.
5. It is noted for the record that a conditional waiver
was issued July 2, 1986 by the Southold Town Board of Trustees
concerning the "wetland areas" in the area of this proposed
addition.
6. The relief requested is minimal, for a variance of
12 feet from the established setback.
In considering this appeal, the board also finds and
determines: (a) the relief requested is not substantial in
relation to the requirements; (b) there will be no substantial
change in the character of the district; (c) the circumstances
are unique; (d) there is no other method feasible for appellants
to pursue other than a variance; (e) the variance will not in
turn cause a substantial effect of increased population density
or be adverse to the safety, health, welfare, comfort, convenience,
or order of the town; (f) there will be no substantial detriment
to adjoining properties; (g) that in view of the manner in which
the difficulties arose and in view of the above factors, the
interests of justice will be served by granting the variance,
as conditionally noted below.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Goehringer, it was
RESOLVED, to grant the relief requested under Appeal #3540
for a reduced setback from 55 feet to 43 feet from the ordinary
highwater mark, in the Matter of the Application of MARK AND
LORRAINE LAROSA, SUBJECT TO THE FOLLOWING CONDITIONS:
I. No overhead lighting which is adverse to neighboring
properties;
2. Deck addition not to be roofed or enclosed;
3. Any modification of plan to less than 43 feet as
applied will require re-application for consideration;
4. Construction of deck after receiving appropriate
permits must commence within one year of the date hereof or
this variance will automatically expire.
Vote of the Board:
Douglass and Sawicki.
absent due to illness.)
Ayes: Messrs. Goehringer, Grigonis,
(Member Doyen of Fishers Island was
This resolution was duly adopted.
Southold Town Board of Appeals
-22- October 10, 1986 Special Meeting
APPROVAL OF MINUTES: On motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, to approve the Minutes of the October 2, 1986
Regular Meeting of this board as submitted.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent due to ill.~ess.)
This resolution was duly adopted.
The date of the board's next scheduled meeting is:
Wednesday, October 22, 1986 at 7:30 o'clock p.m.
The meeting was declared adjourned at 8:45 p.m.
Town Cle~:k, Town of Sou't~old
Respectfully submitted,
Board Secretary