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Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71
TELEPHONE (516) 765 1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
ACTION OF THE BOARD OF APPEALS
Appeal No. 3721.
At a Meeting of the Zoning Board of Appeals held on
June 9, 1988 the above appeal was considered, and the Action
indicated below was taken on your Request for Variance to the
Zoning Ordinance, Article III, Section 100-32:
Upon application of RUSSELL E. PLANITZER to locate pool,
fence enclosure, pergola structure and part of garden structure,
in the frontyard area. Location of Property: Private Road,
Wilderness Point, Fishers Island, NY; 1000-12-2-6.5, 6.9 (prev.
6.6).
WHEREAS, a public hearing was held on June 2, 1988, in the
Matter of the Application of RUSSELL E. PLANITZER under Appeal
No. 3721; 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:
(CONTINUED ON NEXT PAGE)
Page 2 - Appl. No. 3721
Matter of RUSSELL E. PLANITZER
Decision Rendered June 9, 1988
1. The property in question is identified on the Suffolk
County Tax Maps as District 1000, Section 12, Block 2, Lot 6.5,
6.9 (prev. 6.6), and contains a total area of 5.75 acres.
2. The subject premises is presently improved with a
dwelling structure presently under construction pursuant to
Building Permit #15495 issued November 15, 1986.
3. By this application, appellant proposes to locate the
following accessory structures: (a) 29 ft. x 50 ft. inground
pool; (b) 12 ft. x 51 ft. long pergola structure 10 ft. in
height; (c) garden structure approximately 50 ft. square with
30" high wood fence on 18" stone retaining wall; (d) 48" high
fence for pool enclosure and garden connections, all as more
particularly shown on Site Plan revised May 12, 1988, prepared by
Robert A.M. Stern Architects (L1).
4. The setbacks proposed between the closest accessory
structure (48" high wood fence and pergola structure) and the
southerly property line (near the right-of-way) is six feet.
5. Article III, Section 100-32 requires accessory buildings
to be located in the rearyard area with a minimum of three feet
from the side and rear lot lines.
6. It is the consensus of the Board Members that most of
the property appears to be frontyard area, technically, and
freshwater wetlands do exist over a large portion of the yard.
7. It is the position of this Board that:
(a) the relief requested is not unreasonable;
(b) the project as proposed is not within the character of
the general neighborhood;
(c) the circumstances of the property are unique;
(d) the variance, if granted as applied, will not in turn
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;
(f) in considering all the above factors, the Board finds
it will be within the interests of justice to grant conditional
approval, as further noted below.
Page 3 - Appl. No. 3721
Matter of RUSSELL E. PLANITZER
Decision Rendered June 9, 1988
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance from the Provisions of Article
III, Section 100-32 of the Zoning Code for the placement of acces-
sory structure(s) located as shown on plan revised May 12, 1988
and prepared by Robert A.M. Stern Architects, and SUBJECT TO THE
FOLLOWING CONDITIONS:
1. Screening by evergreens or shrubbery shall be planted at
a 6 ft. height and at a setback of five feet from the front
property line for a minimum length of 190 feet along the front
property line near the right-of-way (see sketch attached with
subject 190 ft. length highlighted); {No fences as screening
will be permitted to be substituted};
2. No obstructions by screening or otherwise which cause
disturbance into the right-of-way area.
3. No excavating or similar activities which will disturb
land area between new construction and the bluff.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly adopted.
lk
GERARD P. GOEHR]'NGER, C~IRMAN
RECEIVED AND /LED BY
THE SOUTHOLD TOWN
DATE 7-11-~'~ HOUB 10.'~
Town Clerk, Town oJ SoutSold .
SOUTHOLD TOWN BOARD OF APPEALS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law that the following hearings will be heldL by the
SOUTHOLD TOWN BOARD OF APPEALS at a Meeting at the Southold
Town Hall, Main Road, Southold, New York, on THURSDAY,
JUNE 2, 1'988 on the following matters:
7:50 p.m. Appl. No. 3729 GEORGE R. FUR~E~ Variances to
the Zoning Ordinance, Article ~II, Section 100.31, Bulk Schedule
for: (a) approval of insufficient area of lot 2; (b) approval
of insufficient depth of Lot #2; (c) approval of yard setbacks
as apply from the new division line to the exi
Location: Right-of-way off Bell Hill Ave., Fi
County Tax Map Parcel #1000-009=03-002.
ting dwellings.
hers Island, NY~
8:00 ~.m. Appl. No. 3730 ESTATE OF DOR~THY RUSSELL.
Variances to the Zoning Ordinance, Article III~ Section 100-31,
Bulk Schedule for: (a) approval of ~nsufficie~t area of Lot #1
and Lot #2; (b) approval of insufficient dept~ of Lot #2; (c)
approval of ~nsufficient yard setbacks as appl~ from the new
division line to the existing dwellings. Location:~ North Side
of Beach Avenue and West Si'de of Heathulie Averue, Fishers
Island, NY; County Tax Map Parcel #1000-009-11 9.1 (prey. 9).
~ 8:35 p.m. Appl. No. 3721 RUSSELL E. PL
tto the Zon-ing Ordinance, Article III, Section 1
mission to loca~e pool, fence enclosure, pergol
part of garden structure, in the frontyard are~
Property: Private Road, Wilderness Point, Fis~
-County Tax-Map Parcel #1000-12-2-6.5, 6.9 (pre~
NITZER. Variances~
00-~32 for per-
a structure, and
· Locatio~ ofy;~
ers Island, N
. 6.6).
The Board of Appeals will near at said ti,
and all persons or representatives desiring to
of the above matters, Written comments may al~
prior to the conclusion of the subject hearing.
.will not start before the time allotted. For
please call 765-1809.
DATED; May 12, 1988. BY ORDER OF THE SOUTHO
GERARD P. GOEHRINGER,
Linda ~owalski, Board
e and pla~e any
be heard ~n each
o be submitted
Each hearing
ore information,
D TOWN BOARD
HAIRMAN
ecretary
OF APPEALS
FORIVt NO. 3
TOWN OF SOUTHOLD
BUILDING DEPART~ ENT
TOWN CLERK'S OFI 'ICE
SOUTItOLD,
NOTICE OF DISAPP[-I OVAL
File NO ................................ Date .~
PLEASE TAKE NOTICE ~hat your application dated .
Seree~
County Tax ~p
is returned herewith and disapproved on thc ~o!iowing grou ~ds
Lot No
Building Inspector
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
'P, OUTHOLD, N.Y. 11971
TEL.: 765-1802
BQAR~-DF ~EALTH ......
SEu_. OF~'gLANS .......
S~RVEY ..........
C~ECX
SEPTIC FORX .............. .
NOIlFY
CALL ................
MAIL TO:
Examined ................. t9...
Approved ................. 19... Permit No ............
(Building Inspector)
APPLICATION FOR BUILDING PERM
INSTRUCTIONS
Date ~' ~9/~
· ....
:ubmitted to the Building Inspector, with 3
ncc of Building Permit.
tding Permit to the applicant. Such permit
whatever until a Certificate of Occupancy
ance of a Building Permit pursuant to the
and other applicable Laws, Ordinances or
..moral or demolition, as herein described.
~de, housing code, and regulations, and to
(Signature o
(~ ail~g address of applic~t)
Stat~ wh~ther applic~t is owner, lessee, a~n~, ~chitect. en~ne~r, gener~ c¢ n~racmr, ele~t~cian~ plumber or builder
.. 2 ...........................................
Nme of owner of premises ....................................................................
(as on the t~ roll or I~ ~est deed)
If a~ a co~oration, signature of duly author~ed officer.
· ....
t~am~ mit ' o~orate officer) -
Builder s License N0 .... ~. ~. [ .~ ..........
Plumber's License No. ~
Electrician's License No. ~
c=nse ......
1. Location of land on which proposed work will be done..~ ~.~.~.~. ~ ~J~2W .................
.............................................
House Number Street Hamlet
County Tax Map No. 1000 Section ..... [~.~.~ ..... Block . ~.~,O ....... Lot... ~ ..........
Subdivision ..................................... Eiled Map No ............ Lot ...............
(Name)
2. State existing use and occupancy of premises and intended use and occupancy f ~roposed construction:
a. Existing use and occupancy .........
b. Intended use and occupancy ...... ~.~ ~ ~.. ~¢.~.~ ................... :. ............
c. The work covered by this application may not be commenced before issm
d. Upon approval of this application, the Building Inspector will issued a Bu.
shall be kept on the premises available for inspection throughout the work,
e. No building shall be occupied or used in whole or in part for any purpos,
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the ism
Building Zone Ordinance of the Town of Southold, Suffolk County, New York
Regulations, for the construction of buildings, additions or alterations, or for r,
The applicant agrees ro comply with all applicable laws, ordinances, building c,
admit authorized inspectors on premises and in building for necessary inspections
a. This application must be completely filled in by typewriter or in ink and
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
3. Nature of work (check which apF .ble): New Building .. ~. .... Addi~ ........... Alteration ..........
Repair .............. Removal .............. Demolition ............ Other ~Vork ?. ..
.o .
4. Estimates Cost/.. / Zh/,~... ,~..~. ...................... Fee~ ......................................
(to be paid on filing this application}
5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................
If garage; number of c~s ........................................................................
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .....................
7. D~ensions of existing structures, if any: Front ............... Rear .............. Depth ...............
Height ............... Number of Stones ........................................................
D~ensions'of same structure with alterations or additions: Front ................. Rear ..................
Dep~ ...................... HeiSt ...................... Number of Sto~s ......................
Dimensions of entire new construction: Front ............... Rear ............... Depth ...............
Height ............... Number of Stohes ........................................................
9. Size oflot: Front ...................... Re~ ...................... Depth ......................
10. Date of Purchase ............................. Nmme of Foyer Owner
I 1. Zone or use district in which premises are s~tuated .....................................................
12. Does proposed construction violate any zoning law, ordinance or regulation: ................................
13. Will lot be regraded ............ , ........ , ......... Will excess fill be re~ved from premises: Yes No
14. Nme of Owner of premises ~ 52e / [. ~/4q/r~4ddress ~ m~. &Sia e;.~hone No..
Nme of~chitect . ~ ~ ~P~.~dress ~(~~ ~¢ Phone No
Nme of Contractor . ~ .Tab . d~4~&. ~Xdaress ~.~ ~ ~&one No. ~ &~7~7/~ /
15. Is th~s property iocated w~thSn 300 feet of a tSdai wet,and? *Yes ..... No
*If yes, Southold Tom Trustees Perm~ maybe requSred.
PLOT DIAG~
Locate cle~ly ~d dis~ctly ~ bufld~gs, whe¢.er existing or proposed, ~d. indicate ~I set-back d~ensions 2om
prope~y 5nes. Give street ~d block number or deschption accord~g ro deed, ~d show street nines and ~dicate whether
inte~or or comer lot.
STATE OF NEW YOR~ S S
COU'N~I'._.Y. OF..~..0'..f-'?~ t .] .~.... '
.......[~.~...~ :~Z[ ................ being duly sworn, deposes ~d says that he is the applicant
(Nam~of individual signing contract)
~bove named.
He is the ...~¢ ~.~ .~.. ~ ~.~:. ~.).4~ ~ ..................................................
(Contractor, agent, corporate officer, etc.)
of said owner or ownem, ~d is duly authored to perform or have performed ~e s~d work ~d to m~e ~d file ~s
application; that ~1 statements confined ~ this application are tree to the best of his ~owledge and belief; and that ~e
work wHl be perfo~ed in the m~ner set fo~ ~ the application filed ~erewith.
Sworn to before me this
.............. ~ ~ .... day of..
......... : ..............
~ ~UC, ~e ~ ~e~ Y~ ~ / (Signature of appHc~t)
. NO,~7~?~ ~ff~k ~ ~ ~ /
TOW. Or SOUTH . 'O"K
TO THE ZONING BOARD OF APPEA~, TOWN ~~,~.
Name of AppeHo,n~ treet ~ Numar
Fishers Island Ne'
MunicipalitY
THE ZONING BOARD OF APPEALS FROM THE DECISION OF
APPLICATION FOR PERMIT NO ..................................... DATEI
WHEREBY THE BUILDING INSPECTOR DENIED TO
Robert A.M. Stern Architects
Name of Applicant for permit
of 2il West 6ist St. New York,
Street and Number Municipa
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY A/C Russell
( ) Permit to construct an inground pool,
^P EAL NO. DT /
DATE 2/16/88
..%.o.~.k. .......... HEREBY APPEAL TO
State
THE BUILDING INSPECTOR ON
February 4, 1988
NY 10023
ity State
Planitzer
terrace, e]~ergency generator and trellis
/ s~ructures.
1. LOCATION OF THE PROPERTY ~W~i.~.~d~e.~r~n..e.~s.~t.:~F.~i~.s..h.~..r~`s.~s.~..a.~n..d~ ...................................
Street /Hamlet]/ Use District on Zonin§ Mop
District 1000 Section Block02 Lot 09 Current 0wne~ Russell Planitzer
'/~'g'~"~" ........................................ [g'~"~] ............... Pti or 0whetI' Rut----~ Picket------~
/
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (~ndicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article lll Section 100-32
3, TYPE OF APPEAL Appeal is made herewith for (please
(×) A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (State of New Yo~k
Art. ]6 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (has) (has not) 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 Appeal No ................................. Dated ...............
( )
(x)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that accessory structures would
pool, terraca, emergency generator, and trellis struct
check appropriate box)
Town Law Chap. 62 Cons. Lows
ode with respect to this decision
~all in front yard (in-ground
Form ZB1
(Continue on other side)
REASON FOR APPEAL
COntinued
1. STRICT APPLICATION ~E THE 0~Di~ANCE would produce practica] difficulties or unneces-
sary HARDSHIP Because fresh water wetlands and a steep drop in natural grade
legally and practically p~e~ent construction of these elements in the rear or
side yards. Also, the configuration of the lot relative to the road renders
the majority of the lot as front yard.
2 The hardship created is UNIQUE and is not shared by ali properties aJike in the irnmediote
vicinity of this property eno in this use district because other honse are not surrounded
by wetlands on three of the four sides of the property.
3. Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE
CHARACTER'OF THE DISTRICI because the accessory structures proposed are
consistent with the use and character of a single family summer house on
Fishers Island.
THE
Robert A.M. Stern Architects
~ndy M. Correllf. s~so/c~ate ~/f
STATE OF NEW yOR/K ) /? ~ .~...~.q / ~'~ _ ~ ~////
COUNTY OF ~y ~ sL, ..... J"~~~;~;~~"'"' .........
C