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Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.l., N.Y. 11g'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3442
Application Dated December 4, ]985
TO: Wickham, Wickham & Bressler, P.C.
as Attorneys for JOHN J. NEWMAN
Main Road, Box 1424
Mattituck, NY 11952
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on September Il, ]986,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variancesto the Zoninq Ordinance
Article XI , Section 100-ll9.2~B)
[ ] Request for
Application of JOHN J. NEWMAN for a Variance to the Zoning
Ordinance, Article XI, Section 100-119.2(B) for permission to
construct additions to dwelling within 75 feet of high water
and existing bulkhead along James Creek, at 430 Sailors Needle
Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-5-
29.1 and 30.
WHEREAS, a public hearing was held and concluded on August 14,
1986 in the Matter of the Application of JOHN J. NEWMAN, Appeal
No. 3442; 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 property in question is located at the north side
of Sailors Needle Road, Mattituck, along James Creek, and is
identified on the Suffolk County Tax Maps as District lO00,
Section 144, Block 5, Lot 29.1 and 30.
2. The survey revised August 5, 1986, prepared by Roderick
VanTuyl, P.C. indicates that the subject premises contains a
total area of 33,780 sq. ft., including land underwater, and
is improved with the following: (a) single-family dwelling
of 1,595 sq. ft. set back 32± feet from the westerly edge of
bulkhead and 33± feet from the easterly edge of concrete
seawall and 45± feet from the westerly ordinary highwater
mark; (b) accessory garage of 878 sq. ft.; (c) pool, cabana
and deck areas of 3,360 sq. ft.; (d) accessory "lighthouse"
(CONTINUED ON PAGE TWO)
DATED: September 17,
Form ZB4 (rev. 12/81)
1986.
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3442
Matter of JOHN J NEWMAN
Decision Rendered September ll,
1986
structure of 662 sq. ft. The percentage of lot coverage at
the present time is shown to be 19.2%. Applicant has indi-
cated that although the total lot coverage is shown to be
proposed at 22.4%, modifications will be made to the deck
areas acceptable to the Building Inspector to comply with
the maximum 20% lot-coverage limitation.
3. By this application, appellant requests permission
to: (a) locate a proposed addition extending 12 feet from
the westerly side of the existing dwelling having an insuffi-
cient setback at 20± feet from the edge of bulkhead, and
(b) locate a covered deck 25± feet from the edge of concrete
seawall, at their nearest points. ~
4. Article XI, Section 100-119.2, sub-paragraph (B) of
the Zoning Code requires all buildings and structures located
on lots adjacent to tidal water bodies other than the Long
Island Sound to be set back not less than seventy-five (75)
feet from the ordinary highwater mark of such tidal water body,
or not less than seventy-five (75) feet from the landward edge
of the tidal wetland, whichever is greater.
5. The setbacks as exist are substantially less than
the requirements and were established many yeats ago, prior
to the enactment of this local law. The setback as established
for the westerly side at 32+ feet would meet only 45% of the
requirements, and the easterly side would meet only 60% of
today's requirement from the ordinary highwater mark.
6. It is the opinion of the board members that variances
of 12± feet at the westerly side and six feet, more or less,
at the easterly side, is not the minimal necessary, and will
be a substantial reduction of the requirements.
In considering this appeal, the board also finds and
determines that with an increase of the setbacks as noted
below: (a) the variance will be the minimum necessary;
(b) the practical difficulties claimed are sufficient to
warrant a granting of relief; (c) there will be no
substantial change, in the character of the district; (d)
the relief as granted is not substantial; (e) the circum-
stances are not shared by other properties generally existing
in the neighborhood; (f) there is no other method feasible
for appellant to pursue other than a variance; (g) that in
view of the manner in which the difficulty arose and in
consideration of all the above factors, the interests of
justice will be served.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, that a Variance for permission to construct
additions with amendments as noted below, in the Matter of
the 'Application of JOHN J. NEWMAN under Appeal No. 3442,
BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Easterly setback at the closest point from the edge
of concrete seawall to be not closer than 27 feet;
Page 3 - Appeal No. 3442
Matter of JOHN J. NEWMAN
Decision Rendered September ll,
1986
2. Westerly setback at the closest point from the edge
of bulkhead to be not closer than 24 feet;
3. Compliance with the 20% maximum-permitted lot
coverage limitation as accepted and recommended by the
building Inspector, or additional variance(s) will be
necessary;
4. All construction must be in accordance with the
Flood Plain Laws;
5. All exterior lighting not to be obtrusive to area
properties and must be of a mushroom-type shielded down to
the ground.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass, Doyen and Sawicki. This resolution was duly adopted.
lk
GERARD P. GOEHRINGER, O~fAIRMAN
September 17, 1986
RECEIVED AND FILED Bi
THE SOUTHO~D TOWN CLF~iI
DATE ~- /;' -~ HOUR 3:3 x f/~
Town Clerk, Town of Southold