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· API~EALS BOARD MEMBERS
~erard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTt L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
ACTION OF THE BOARD
Appl. No. 4042:
Upon Application of LAWRENCE CERVON. Variance to the Zoning
Ordinance, Article XXIII, Section 100-239.4B for permission to
construct addition to dwelling with a setback at less than the
required 75 feet from the bulkhead. Location of Property: 8460
Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No.
1000-126-11-21. The subject parcel is substandard in size and
is located in the R-40 Zone District.
WHEREAS, a public hearing was held on August 15, 1991, and
at said hearing all those who desired to be heard were heard and
their testimony recorded;
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1. By this application, appellant seeks a variance under
Article XXIII, Section 100-239.4B for permission to construct
12'8" living/dining room addition to the existing dwelling with
an insufficient setback from the bulkhead at 42 feet at its
closest point, all as more particularly shown on the site and
floor plans prepared by Thomas C. Samuels, R.A. dated 7/9/91.
2. The premises in question is identified on the Suffolk
County Tax Maps as District 1000, Section 126, Block 11, Lot 21,
contains a total lot area of approximately 24,373 sq. ft. and lot
width of 70.0 feet.
3. The dwelling which exists is presently set back
approximately 52 feet from the southeast corner of the house to
the second retaining wall (bulkhead structure) along Great
Peconic Bay and 39+- feet to the first retaining wall. This
existing dwelling contains a first floor area of 2061 sq. ft.,
exclusive of porches, patios, steps.
'Rage 2 - September 12, 1991
Board of Appeals Special Meeting
~t~er of Appl. No. 4042 - LAWRENCE CERVON
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE ~/~3/~,, HOUR
Town Clerk, Town of Southold
4. Article XXIII, Section 100-239.4B of the Zoning Code
requires all buildings and structures located on lots upon which
a bulkhead, concrete wall, rip-rap or similar structure exists
and which is adjacent to tidal water bodies other than the Long
Island Sound to be set back not less than seventy-five (75) feet.
5. It is noted that there are other dwelling structures,
including the 10g cabin dwelling to the west, situate 75 feet or
more from the bulkhead.
6. It is the position of the board that the amount of
relief requested is substantial, being approximately 45% of the
standard. It is also the position of this Board that in
considering this application:
(a) the relief requested is not the minimum necessary
to afford relief, and there are alternatives available for
appellants to pursue, with greater set backs and less relief from
the standards applied;
(b) the relief, as requested is not consistent with
the essential character of the neighborhood;
(c) the difficulties are not entirely uniquely related
to the property and are personal in nature;
(d) the variance would in turn be adverse to the
safety, health, welfare, comfort, convenience or order of the
town and neighboring properties;
(e) in view of all the above, the interests of justice
will be served by not granting the relief as requested.
Accordingly, on motion by Mr. Villa, seconded by
Mr. Dinizio, it was
RESOLVED, the relief requested under Appeal No. 4042 in the
Matter of LAWRENCE CERVON be and hereby is DENIED.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and
Villa. (Members Grigonis and Doyen were absent.) This
resolution was duly adopted. ~--' ,
~GERARD P. GOEHRINGER, ~HAIRMAN
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