HomeMy WebLinkAbout3723
, Southold Town Board of Appeals
'~~"~"t~l."~'~;~-"~TATI[ ROAD 25 SOUTHOL. D, L.I., N.Y. 11cJ'71
~ TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3723
Application Dated March 25,
TO: Mr. Angel0 Spet$i0te$
]045 Budd'$ Pond Road
Southold, NY 11971
1988
[Appellant(s)]
June 9, 198~,
At a Meeting of the Zoning Board of Appeals held on
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 Variance to the Zoning Ordinance
Article XI , Section 100-119.2(B)
[ ] Request for
Application of ANGELO SPETSIOTES for a Variance to the Zoning
Ordinance, Article XI, Section 100-119.2B for permission to construct
deck addition at rear of dwelling with an insufficient setback from
existing bulkhead at Budd's Pond, 1045 Budd's Pond Road, Southold,
NY; Willow Point Subdivision Lot #11; County Tax Map Parcel
No. 1000-56-5-13.1 (or 13).
WHEREAS, a public hearing was held and concluded on Jun~-2,
1988 in the Matter of the Application of ANGELO SPETSIOTES under
Appeal No. 3732; and
1. The premises in question is located at the end of a
cul-de-sac at the most southerly end of Budd's Pond Road in the
Hamlet of Southold, Town of Southold, and more particularly shown
on the Suffolk County Tax Maps as District 1000, Section 56,
Block 5, Lot 13.1 (or 13).
2. The subject premises contains a total area of approxi-
mately 23,958 sq. ft. with a frontage of 101.37 feet along Budd's
Pond Road and frontage of 273.62 feet along Budd's Pond Waterway.
The premises is bulkhead along the waterfront approximately 175
feet in length and is improved with a single-family one-story
frame dwelling (with attached garage) as more particularly shown
on the sketched survey dated September 29, 1972, of Young and
Young, Licensed Surveyors.
3. By this application, appellant requests a Variance from
the Provisions of Article XI, Section 100-119.2(B) for approval
of a 15 ft. x 18 ft. open deck (exclusive of step and stoop areas)
which is setback approximately 32 feet from the rear property
line (and approximate highwater line of th6 c6nal), although the
deck is in line with the rear of the existing dwelling structure~
4. Article XI, Section 100-119.2, Subsection 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 the greater distance.
DATED: June 9, 1988.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - Appl. No. 3732
Matter of ANGELO SPETSIOTES
Decision Rendered June 9, 1988
5. It is noted that the deck in question will be a
replacement of a previous structure in the same location
Town Assessment Record).
(see
6. No other appeals have been found of record concerning
this property.
7. The premises is known and referred to as Lot #11 in
the "Willow Point" Subdivision.
8. Southold Town Trustees approval for a waiver under
the Wetland Ordinance Ch.97) was issued on April 27, 1988 for
the subject deck construction.
9. The Courts have held that the area setback variance
must meet the "practical difficulties" standard, considering
at least the following: (a) the relief requested is not
substantial in relation to the requirements; (b) the project
as proposed is not out of character with the neighborhood;
(c) the circumstances of the property are unique and the
circumstances are not personal in nature; (d) the variance
will not in turn be adverse to the safety, health, comfort,
convenience, or order of the town; (e) the variance
requested shall be the minimal necessary; (f) there is
no other method feasible for appellant to pursue other than
a variance.
10. It is the opinion of this Board that: (a) the relief
requested in relation to the existing nonconforming setback
of the dwelling is not substantial; (b) the project as
proposed is not out of character with the neighborhood
since there are other properties with the same or similar
setback; (c) the circumstances of the property are unique
as to its nonconforming setback from the canal [as exists],
nonconforming lot area, width and depth, and as to its shape
and character; (d) the variance will not be adverse to the
safety, health, welfare, comfort, convenience, or order of
the town; (e) there is no other method feasible for appellant
to pursue other than a variance.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, to GRANT a Variance for the construction of
a 15 ft. x 18 ft. open deck as applied in the Matter of the
Application of ANGELO SPETSIOTES under Appl. No. 3732,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the deck remain open and unroofed (unenclosed);
2. That there be no overhead lighting that will be
adverse to others in the area.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly
adopted.
lk
C~RARD P. GOEHRINGER, C~AIRMAN
RECEIVED AND FiLED BY
SOUTHOm TOWN!
!
Town Clerk, Town of Southold
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTItOLD, N.Y.
NOTICE OF DISAPPROVAL
Date
File No .............................
..... 5~ ~.oc....~..~'..~.~. ~..~'~
PLEASE 'rAKE NOTICE that your application dated ......
for pcmdt to construct..~... ~..~..~.~ .....
Location of Property
blot~se No. Street
County Tax Map No. I000 Section ..'.,...'.'.~..~. .... Block ...... .-~.."7. ..... Lot .../.-ff..-./.' .....
Subdivision ......... ,.~ ....... Filed Map No ...............
is returncd herewith and disapproved on the l~llowing grounds
.
3uildinj/~nsp..ctor
TOWN OF SOUTHOLD, NEW Y~RK
I~OV~ (~F~ROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APDEALS, TOWN OF SOUTHOLD,
Name of ApPellant
Municipally
THE ZONING BOARD OF APPEALS FROM THE DECISION OF
APPLICATION FOR PERMIT NO ..................................... DATED
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
A,PEAL NO. 0,,,,3
.....
q.¥.
treet ~nd ~um~r
State
rile BUILDING INSPECTOR ON
.............................
Name of Applicant for permit
of .......
Street and Number Municipal
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ...............................................
Street /Hamlet
District 1000 Section Block Lot ~ .
.............................. : ................................................... curren~ Owner
Map No. Lot No.
UJ~Pke~O ?~ ~--~,~ t I Prior Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED
section and Paragraph of the Zoning Ordinance by number. Do
Article_~T Section ibC)- j~c~_
3. TYPE OF APPEAL Appeal is made herewith for (please
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (~) been
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appea.l No ................................. Dated ...............
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(~') A Variance to the Zoning Ordinance
( )
is requested for the reason that ~/-~/L~ ~-~'~.~ ~,~6x-~,
Form ZB1
ty 'State ......
/ Use District on Zoning Map
rndicate the Article Section, Sub-
quote the Ordi.nance.).
check appropriate box)
Town Law Chap, 62 Cons: Laws
~ode with respect to this decision
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because ~//~.~ ~.. ,,~-...4_~/
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT becaase
COUNTY OF~'~'w'4'/L ss Signature
Sworn to this ............. Z..~...-.-~.... ................ doy of ....... ~'.'.~~ ................. 19~:~
Notary Public
PATR GA CALLA[~A~
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law and the Code of the Town of Southold, the following
hearings will be held by the SOUTHOLD TOWN BO~D OF APPEALS
at a Special Meeting a~ the Southold Town Hal-, Main Road,
Southold, New York, on THURSDAY, JUNE 2, 1988 at the foll6wing
times:
7:30 p.m. Appl. No. 3718 PATRICIA STEG
to the Zoning Ordinance, Article XI, Section 1
permission to locate new dwelling with an insu
from existing bulkhead. Location of Property:
Road #12 (off the South Side of Main Bayview R
NY; County Tax Map Parcel No. 1000-78-6-5 and
7:35 p.m. Appl. No. 3723 ANGELO SPETSI
to the Zoning Ordinance, Article XI, Section 1
permission to construct deck addition at rear
with an insufficient setback from existing bul
Pond, 1045 Budd's Pond Road, Southold, NY; Wil
Subdivision Lot #11; County Tax Map Parcel No.
(or 13).
7:40 p.m. Appl. No. 3732 ROBERT E. BID
Exception to the Zoning Ordinance, Article III
for a Winery for the production and retail sal
from grapes primarily grown at the Bidwell Vin
located at the South Side of C.R. 48, Cutchogu
Map Parcel No. 1000-96-4-4.3 (prev. p/o 4.1).
IER. Variance
}O-119.2B for
fficient setback
470 Private
pad), Southold,
0.2 (now 10.3).
}TES. Variance
30-119.2B for
of dwelling
khead at Budd's
low Point
1000-56-5-13.1
WELL. Special
Section 100-30B(14)
of wine produced
yards, ~remises
, NY; County Tax
7:45 p.m. Appl. No. 3717 FREDERICK KOE LER, JR. Variance
to the Zoning Ordinance, Article XI~ Secti6n )O:ll9.2B for per-
mission to locate accessory structure along existing bulkhead
at Cutchogue Harbor, premises known as 575 01~ Harbor Road, New
Suffolk, NY; County Tax Map Parcel No. 1000-11t-3-6.
7:50 p.m. Appl. No. 3729 - GEORGE R. FUR$~. Variances to
the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule
for: (a) approval of insufficient lot area of proposed Lot #2;
(b) approval of insufficient lot depth of pro
(c) approval of yard setbacks as apply from t
line to the existing dwellings. Location of P
off Bell Hill Avenue, Fishers Island, NY; Coun
No. ]000-009-03-002, containing 3.64± acres.
)osed Lot #2;
new division
'operty: Right-of-way
Tax Map Parcel
Page 2 Notice of H~-ings
Southold Town Board o~/Appeals
Special Meeting - June 2, 1988
8:00 p.m. Appl. No. 3730 ESTATE OF DOROTHY RUSSELL.
Variances to the Zoning Ordinance, Article III, Section 100-31
Bulk Schedule for: (a) approval of insufficient lot area of
proposed Lot #1 and Lot #2; (b) approval of iqsufficient lot
depth of proposed Lot #2; (c) approval of i}sufficient yard
setbacks as apply from the new division line t,~ the existing
If Beach Avenue
~nd, NY; County
ontaining 2±
dwellings. Location of Property: North Side
and West Side of Heathulie Avenue, Fishers Isl
Tax Map Parcel No. 1000-009-11-9.1 (prev. 9),
acres.
8:10 p.m. Appl. Noo 3731 NORTH FORK CO NTRY CLUB.
Variance to the Zoning Ordinance, Article III, Section 100-32
for approval of the placement of accessory gazebo structure
in the frontyard area, premises known as 25650 Main Road,
Cutchogue, NY; County Tax Map Parcel No. 1000 09-4-Lots l,
3, 4, and 7.
8:20 p.m. Appl. No. 3727 DOROTHY ABBOT Variances
to the Zonirg Ordinance: (a) Article III, Se tion 100-31,
Bulk Schedule, and (b) Article XI, Section l0 -119.2A, for
anproval of attached deck with an insufficient easterly
sideyard setback and insufficient setback from ~op of bluff
along the Long Island Sound, premises known as 380 Private
Road No. 3 (extending off the West Side of Rocky Point Road),
East Marion, NY; County Tax Map Parcel No. 1000-21-1-2.
8:30 p.m. Appl. No. 3726 CLIFF & PHIL'
Variance to the Zoning Ordinance, Article VI,
for permission to erect off-premises-advertisi~
restaurant (previously Beachwood Cafe). Locat'
for Sign: South Side C.R. 48, Southold, NY~ C~
Parcel No. 1000-59-10-4. (Owner: Edward F. K~
LOBSTER HOUSE.
iection lO0-60C
g sign for
on of Premises
unty Tax Map
ster).
8:35 p.m. Appl. No. 3721 RUSSELL E. PL&NITZER.
Variances to the Zoning Ordin. ance, Article III~ Section
100-32 for permission to locate pool, fence enclosure,~
pergola structure, and part of garden enclosure, in the
frontyard area. Location of Property: Private
Wilderness Point, Fishers Island, NY; County Ta
Parcel No. 1000-12=2-6.5, 6.9 (prev. 6.6).
Road,
Map
The Board of Appeals will hear at said ti~ and place
any and'all representatives or persons desirins to be heard
in each of the above matters. Each hearing will not start
before the time allotted. Written comments ma~ be submitted
prior to the conclusion of the subject hearing. For more
information, please call 765-1~09.
DATED: May 12, 1988,
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
Mrs. Patricia Stegner, 91 Laurel Drive, Smithtlown, NY 11787
Mr. Angelo Spetsiotes, 1045 Budd's Pond Road,
Mr. Robert E. Bidwell
27 Montrose Place
Melville, NY 11747
Mr. James Gray, Sr., P.O. Box 1465, Southold,
(as Agent for Mr. Frederick Koehler)
Stephen L. Ham, III, Esq.
Matthews & Ham, 45 Hampton Roads SouthamF
as Attorneys for George R. Furse and Est~
5outhold, NY 11971
~Y 11971
ton, NY 11968
te of D. Russell
Richard F. Lark, Esq., P.O. Box 973,
John M. Wagner, Esq., Esseks, Hefter
108 East Main Street, Riverhead,
as Attorneys for Dorothy Abbott
Main Road, Cutchogue, NY 11§35
& Angel, P.O. Box 279,
NY 11901
Cliff's and Phil's Lobster House, Inc., 50 North Sea Drive,
Southold, NY 11971
Robert A.M. Stern Architects, 211 West 61st Street,
as Agents for Mr. Russell Planitzer
Mr. Charles Kadushin, 242 West 101 St., NY, NY 10025
NY, NY 10023
Suffolk Times, Inc., P.O. Box F, Greenport, NY 11944
L.I. Traveler-Watchman, Traveler St., Southold, NY 11971
(Board"Members with copies of files 5/19/88)
Building Dept., Planning Board, Bulletin Boaro