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APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .IR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516} 765-1823
ACTION OF THE BOARD OF APPEALS
Appl. No. 3838:
Matter of JOSEPH D. CAVANAGH and DAVID CICHANOWICZ for a
Variance to the Zoning Ordinance, Article XXIV, Section 100-244
and Article IIIA, Section 100-30A.3 (Article III, Section 100-31
as disapproved) for permission to locate proposed new dwelling
with an insufficient front yard setback from the northerly
property line and with an insufficient rear yard setback from
the southerly property line. Lot area is nonconforming at 8,417
sq. ft. in this R-40 Zone District. Location of Property: 1375
Private Road 1-A (said lot extending 1333.97 feet from the north
side of North Bayview Road), Southold, NY; County Tax Map
District 1000, Section 77, Block 3, Lot 18.
WHEREAS, a public hearing was held on June 29, 1989 under
Appeal No. 3838; 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 located along the easterly
side of a private right-of-way referred to as Private Road #l-A,
in the Hamlet and Town of Southold, and is identified on the
Suffolk County Tax Maps as District 1000, Section 77, Block 3,
Lot 18.
Page 2 - Appl. No. 3838
Matter of CAVANAGH AND CICHANOWICZ
Decision Rendered June 29, 1989
2. The property is vacant land consisting of an area of
8,4417 sq. ft. and is nonconforming in lot area, lot width and
lot depth.
3. For the record it is noted that a portion of the
subject right-of-way has been considered by the Board of Appeals
under Appl. Nos. 2627 and 2628 on October 11, 1979 (G. MacLean)
and was granted a conditioned approval under New York Town Law,
Section 280-A, subject to improvements to the right-of-way under
Board of Appeals specifications).
4. By this Board's letter dated June 9, 1989, the
applicants were advised that the right-of-way must be upgraded
by filling all potholes and depressions with medium-size gravel
(mixed with sand) for the entire length and existing width.
5. Article III-A, Section 100-32A and Column ii of the
Bulk Schedule of the Zoning Code requires a minimum rear yard
setback at 50 feet and minimum sideyard at 20 feet. Article
XXIV, Section 100-244(B) permits a rear yard reduction for a
principal structure to 35 feet in the front yard, 35 feet in the
rear yard, and 10 and 15 ft. for side yards, for lots containing
less than 20,000 sq. ft.
6. The relief requested by this application is for a
reduction of the most northerly front yard setback from 35 feet
to approximately 23 feet and from the most southerly yard
setback to not less than 10 feet.
7. It is the position of this Board in considering this
application that:
(a) the circumstances are unique to the property,
having frontage along three rights-of-way or roads;
(b) the relief, as alternatively granted, is the
minimal necessary under the circumstances;
(c) the relief, as alternatively granted, will not
alter the essential character of the neighborhood;
(d) there is no other method for appellant to pursue,
other than a variance;
(e) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience, or order of the
town, or be adverse to neighboring properties.
Page 3 - Appl. No. 3838
Matter of CAVANAGH AND CICHANOWICZ
Decision Rendered June 29, 1989
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT alternative relief for the placement of
the newly proposed principal building under the Application of
JOSEPH D. CAVANAGH and DAVID CICHANOWICZ under Appeal No. 3838
at not less than 11 feet from the southerly property line along
land now or formerly of Westerbeke (Lot 41000-77-3-19) and at
not less than 22 feet from the northerly front property line, at
its closest points; and it was further
RESOLVED, that the legal right-of-way extending from the
north side of North Bayview Road to the subject lot be upgraded,
pursuant to New York Town Law Section 280-A, as follows:
Ail potholes and depressions shall be filled with
medium-size gravel (mixed with sand) for the entire
length and existing width.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki and Dinizio. This resolution was duly adopted.
lk
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLk'~f
_. To_wn Clerk, Town of Southold