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Southold Town Board of Appeals
,~4AIN ROAD- STATE ROAD 25 SI-IUTHOLD, l.l.. N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, J ,
ROBERT J. DOU~qSS
JOSEPH H. SAWICKI
ACTION OF THE BOARD OF APPEALS
Upon Application of STERLING IDEAS VENTURES for a
Variance to the Zoning Ordinance, Article VII, Section 100-71,
Bulk Schedule, for approval of insufficient rearyard setback from
the northerly property line for proposed principal building, at
premises known as 46025 C.R. 48, Southold, NY; County Tax Map
Parcel No. 1000-55-2-18.1. B-1 General Business Zone District.
WHEREAS, a public hearing was held on July 14, 1988, in the
Matter of the Application of STERLING IDEA VENTURES under Appl.
No. 3749; and
WHEREAS, 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, 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. This is an Application for a Variance from the
Provisions of Article VII, Section 100-71 for permission to
locate new principal building with a rearyard setback at 25 feet
as recommended by the Southold Town Planning Board under its
pending site-plan review.
2. The premises is referred to as 46025 C.R. 48, located in
the Hamlet of Southold, Town of Southold, and is identified on
the Suffolk County Tax Maps as District 1000, Section 55, Block
2, Lot 18.1.
3. The subject premises contains a total area of 27,305 sq.
ft. with 185.61 ft. frontage along the County Road, is located in
the "B-I" General Business Zone District, and is presently vacant
land.
4. The principal building is proposed as shown on the
May 28, 1987 Site Plan Map, prepared by Garrett A. Strang, R.A.,
Pag6 2 - Appl. No. 3749
Matter of STERLING IDEAS VENTURES
Decision Rendered July 14, 1988
with the following setbacks: (a) closest setback from the
westerly property line at 26 feet; (b) closest setback from the
easterly property line at 26 feet; (c) closest setback from the
front property line at 77 feet; (d) closest rearyard setback at
25 feet, under consideration herein.
5. Article VII,
Zoning Code requires
The amount of relief
Section 100-71, Bulk Schedule, of the
a minimum rearyard setback at 35 feet.
requested is 10 feet.
6. In viewing the area, the following information is noted
for the record:
(a) the existing principal building immediately
adjoining this parcel on the west side has a setback of approxi-
mately 42 feet from the front property line;
(b) the existing principal building nearest thisparcel
on the east side has a setback of approximately 75 feet from the
front property line;
(c) the premises adjoining this parcel to the north
which would be the parcel most likely to be affected by this
variance is a drainage sump maintained by the County of Suffolk.
6. It is also the understanding of this Board that
expansion of the County Road (extending from Horton's Lane in
Southold to Main Street in Greenport) to a uniform pavement width
of 46 feet is proposed under Project No. 5145, and the best
interests of the traveling public would be served by the grant of
a reduction in the rearyard in order to provide additional open
frontyard areas.
7. In considering this appeal, the Board also finds and
determines:
(a) the relief requested is the minimal necessary;
(b) there is no other method feasible for appellant to
pursue;
(c) the project will not be adverse to the character of the
neighborhood;
(d) the difficulties claimed are unique to the property and
are not personal in nature;
(e) the project is within the spirit and intent of zoning;
(f) the practical difficulties are sufficient;
(g) in view of the manner in which the difficulties arose
and in considering the above factors, the interests of justice
will be served by granting the application as applied.
Pa~ge.' 5'- Appl. No. 3749
Matter of STERLING IDEAS VENTURES
Decision Rendered July 14, 1988
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance under Appeal No. 3749 as
applied in the Matter of STERLING IDEAS VENTURES for a reduc-
tion in the rearyard to a minimum of 25 feet for the newly
proposed principal building.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent.) This
resolution was duly adopted.
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RECEIVED AND FILED BY
THE SOUTHOLD TOWN
DATE '7/~-~1~ HOUR ~ :~,'~.
Town Clerk, Town of Sou~hold