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Southold Town Board of Appeals
MAIN ROAD- BTATE ROAD 25 SnUTHOLD, L.I,, N.Y.
TELEPHONE (516) 765q809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3676
Application Dated September ]8,
TO:
Mr. Anthony Robustelli
48 Revere Road
Manhasset, NY 11030
1987
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on February 2, ]988,
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 Varianc~ to the Zoning Ordinance
Article III , Section ]00-3] and
Article XI , Section 100-119.2
[ ] Request for
Application of ANTHONY ROBUSTELLI for Variances to the Zoning
Ordinance, Articles: (a) III, Section 100-31 as to insufficient
rear yard and side yard, and (b) XI, Section 100-119.2 as to insuffi-
cient setback from bulkhead and ordinary highwater mark, and (c)
III, Section 100-31 as to excessive lot coverage, for the proposed
construction of a deck addition, at premises known as 5 Haywaters
Road, Cutchogue, NY; Lot 23 and part of 22, Peconic Bay Properties;
County Tax Map District 1000, Section lll, Block 1, Lots 19 and 18.
WHEREAS, a public hearing was held on December lO, 1987, and
recessed as requested by applicant until January 14, 1988, at which
time the hearing was concluded in the Matter of the Application of
ANTHONY ROBUSTELLI under Appl. No. 3676~ 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 known and referred to as
Lot No. 23 and part of 22 on "Map of Peconic Bay Properties, Inc."
filed as Map No. 786 in the Suffolk County Clerk's Office on
April 15, 1931, and is shown on the Suffolk County Tax Maps as
District 1000, Section 111, Block 1, Lots 19 and 18.
2. The subject premises was conveyed to Anthony and
Francesca Robustelli on December 5, 1986 by Deed at Liber
10228 page 117, having a total area of approximately 5,000
ft. with 100± ft. frontage (lot width) along the north side
of Haywaters Road and 100+ feet along Haywaters Cove.
sq.
(CONTINUED ON PAGE TWO)
DATED: March 2, 1988.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appl. No. 3676
Matter of ANTHONY ROBUSTELLI
Decision Rendered February 2,
1988
3. The premises is improved with a one-story frame
dwelling having a floor area of 848± sq. ft. and is more
particularly shown by copy of survey dated August 20, 1976
prepared by Roderick VanTuyl, P.C. It is noted that the
survey also depicts the northerly lines as shown on the filed
subdivision map of Peconic Bay Properties to be extended
north of the ordinary hi§hwater mark.
4. By this application, appellant requests permission to
construct an open deck of a size 9'x 41'6" x 15' from the rear
of the dwelling to the inside of the existing bulkhead as
shown on the sketched copy of a survey prepared by Roderick
Roderick VanTuyl, P.C. surveyed August 20, 1976, and Builder's
Drawing #1051 dated May 9, 1987.
5. Article III, Section lO0-31, Column "A" of the Bulk
Schedule of the Zoning Code requires minimum sideyards at
10 and 15 feet, rear yard setback at not less than 35 feet,
and total maximum lot coverage up to 20% of the total lot
area.
6. Article XI, Section lO0-119.2(B) requires all
buildings and structures located on lots adjacent to all
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.
7. The deck construction is proposed to built within
the 8± ft. area between the north (rear) side of the dwelling,
the easterly side line, and the existing bulkhead.
8. It is the opinion of the Board that the construction
of the deck in this area would aid in the prevention of
erosion behind the bulkhead.
In considering this appeal, the Board finds and deter-
mines:
(a) the relief requested is substantial in relation
to the setback requirements, although the existing structure
is substantially deficient in the setbacks as exists;
(b) the circumstances of the property are unique,
particularly due to its nonconforming substandard size,
width, depth, setbacks, etc.;
(c) there will be no increase in population density
resulting from the grant of this variance;
(d) there will be no change
area and the variance will not in
safety, health, welfare, comfort,
the Town,
in the character of the
turn be adverse to the
convenience or order of
(e) the conditional granting of
not prevent the orderly and reasonable
properties~
this variance will
use of adjacent
(f) the practical difficulties are not self-created
Page ~ - ASpl. No.
Matter of ANTHONY
Decision Rendered
3676
ROBUSTELLI
February 2, 1988
and there is no other method feasible for appellant to
pursue other than a variance,
(g) in
arose and in
interests of
variance, as
view of the manner in which the difficulties
considering all the above factors, the
justice will be served by granting the
noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, to GRANT the relief requested in the Matter
of the Application of ANTHONY ROBUSTELLI under Appeal
No. 3676, for the construction of a 9' x 41'6~ x 15' open
deck, SUBJECT TO THE FOLLOWING CONDITIONS:
1. The height of the top of the deck shall not exceed
18" above grade or the height of the inside of the bulkhead,
whichever is greater, but in no event shall the deck be
constructed over the existing bulkhead,
2. The deck construction shall be planked to the bulkhead
vertically and properly secured~
3. The deck shall not be enclosed or roofed and shall
remain open, as applied;
4. The deck construction shall
perimeter of this property only and
the neighboring property.
be placed within the
shall not extend onto
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
lk
GERARD P. GOEFtRJNGERw/ CHAIRMAN
' March 2, 1988
RECEIVED AND FILED BY
THE SOUTIiOLD TO~VN C~
DATE A/s/y~ HOUR S ,'/o
Town Clerk, Town of Soul~.olct
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 TOW~ BOARD OF APPEALS
at a Regular Meeting at the Southold Town Hall, Main Road,
Southold~ New York~ on THURSDAY, JANUARY 14, 1988 at the
following times:
7:35 p.m. Appl. No. 3705 - ARTHUR V. JUNGE for a Special
Exception to the Zoning Ordinance, Article VIII, Section
lO0-80(B) for permission to establish electrical shop use
and construct two buildings located as shown on Site Plan
dated March 10~ 1987, prepared by John A. Grammas & Assoc.
Zone District: C-Light Industrial~ Location: North Side
of C.R. 48, Cutchogue, NY, County Tax Map District 1000,
Section 96, Block i, _ot 19~ containing 45,589± SG. ft. in
lot area.
7:40 D.m. Appl. NO. 3697 -WILLIAM AND PAULA TUITE for
a Variance to the Zoning Ordinance, Article XI, Section
100-119.2 for permlssior to reconstruct and extend porch
within 75 feet of existing bulkhead along Little Peconic
Bay. Location of Property: South Side of Midway Road,
Southold, NY~ Cedar Beach Park Ma~ No- 90, Lot 113; County
Tax Map District 1000, Section 90, Block 2, Lot 6.
~ 7:45 P.m. Appl. Nb. 3676 ANTHONY ROBUSTELLI. (Recessed
from December 10, 1987 as requested), j
7:50 p.m. Appl. No. 3681 ANTHONY AND ANGELA LEONE.
Variances to the Zoning Ordinance, Article III, Section
100-31, Bulk Schedule, for approval of insufficient area
and width of two parcels 3roposed in this pending division
of land, and establishing insufficient sideyard setback of
existing dwelling ane accessory storage builoing on vacant
lot (Section 100-32). Location of Property: East Side of
Deed Hole Drive, Mattituck, NY; County Tax Map Parcel
No. 1000-115-i3-12.1 (prey. 11 and 12).
Page 2
Southold
January
Notice of Hearings
Town Board of Appeals
14, 1988 Regular Meeting
7:55 p.m. Appl. No. 3706 - ~ANFRED E. KUERNER. Variances
to the Zoning Ordinance, Articles III, Section lO0-31, and XI,
Section 100-119.2 for permission to construct additions ~o
existing dwelling with a reduced southerly sideyard setback,
insufficient total sideyards, excessive lot coverage and
with an insufficient setback from bulkhead along "Old Cove"
at Arshamomaque. Location of ProperTy: East Side of Carole
Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-3o
8:00 p.m. Appl. No. 3652 - GUIDO AND ANNA CIACIA.
Variances to the Zoning Ordinance, Article VI~ Section 100-61,
Bulk Schedule for approval of insufficient area, width and
depth of two parcels in this pending division of land located
at the corner of the east s~de of Kerwin Boulevard and the
south side of Main Road, Greenport. Zone District: B-Light
Industrial. County Tax Map Parcel No. 1000-53-2-20~ Peconic
Bay Estates Lots 178 and part of 177.
8:10 p.m. Appl. No. 3699 EDWARD AND BARBARA BETSCH.
Variances to the Zoning Ordinance, Article III~ Sectio~ 100-31,
Bulk Schedule, and Article XI, Section 100-119.2 for permission
to construct addition(s) to dwelling with an ~nsufficient
westerly sideyard setback, insufficient total sideyards~ and
insufficient setback from nearest wetland area along Mario~
Lake (landward of existing accessory garage structure).
Location of Property: North Side of Rabbit Lane, East Marion,
NY; County Tax Map Parcel No. 1000-31-17-15.
8:20 p.m. Appl. No. 3698 THOMAS ZtMMERMAN. Variance
to the Zoning Ordinance, Article XI, Section lO0-118E for
permission to rebuild and repair existing nonconforming
structure which exceeds 50% of fair value of same and which
exceeds those limitations of Prior ~.B.A. Appl. No. 3590
rendered March 5, 1987. Location of Property: 265 Rochelle
Place, Mattituck, NY; County Tax Map Parcel No. 1000-144-04-09
and 09, containing .60 of an acre total.
8:30 p.m. Appl. No. 3688 ANTHONY AND SALLY PIRRERA.
Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for approval of insufficient width (frontage)
of two parcels in this pending division of land. Location of
Property: North Side of C.R. 48 (North Road), Greenport, NY
County Tax Map Parcel No. 1000-40-01-20, containing a total
area of 5.20± acres.
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting January 14, i988
The Board of Appeals will hear at said time and place all
~ersons or representatives desiring to be heard in each of the
above matters. Each hearing will not start before the time
allotted. Written comments may be submitted prior to the con-
clusion of the subject hearing. For more information, please
call 765-1809.
Dated: December 31, 1987.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
ATTENTION NEWSPAPERS: Please publish once, To wit,
THURSDAY, JANUARY 7~ 1988 and forward Affidavits of
Publication together with your bill and signed voucher
to the Office of the Board of Appeals on or before
January 12th. Thank you.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTItOLD, N.Y.
NOTICE OF DISAPPROVAL
Date . ..~..
PLEASE TAKE NOTICE that your application dated ....
for permit to construct., t:~,..e~,~.... {:a~ .................................. B at
Location of Property ~;~s; ~o] .... a ~ ~. '~[e;i ....
County Tax Map No. 1000 Section ..... }l I ...... Block ..... ~ J ...... L~t . J. ~. ~.l,~ .....
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved ~n the followkng grounds...0¢~..'.c.~...~T.. ,~r.~ ./.,m. ~ J) 5': ~
~a ~.~ ~:~., ~.~.~.~. ~.~ ~.¢.~:~ .~: ....
~. ~;.~.:e. ~~. ~.,.. ~ .~.~ .~.. ~.~.
..........
Building Inspector
_ . ,, ~,t ~ OF SOUTHOLD, NEW YORK
A~PEAL FROM DEC~ ~,~0 ~/%~ F~LDING )NSPECTOR
TO THE ZONING~~EALS, TOWN OF S~THOLD. N. Y,
~, ~ ~.~...~.~.~.~. ........... of ....~.~.~.~.~.~ ....... ~.~ .......................
' Na~e of Appellant Street and Number
...~.~.~.¢~ ........................................................................ .d.'~: ....... H~.E~Y A..~L TO
Municipality State
THE ZONING BOARD OF APPEALS FROM. THE DECISION OF THE BUlL;DING INSPECTOR ON
A'PPLICATION FOR PERMIT NO. ~l~'~'"/',~'~'J~'~'i ......... DATED ............. ,//. .................
WHEREBY THE BUILDING INSPECTOR DENIED TO
........... ~;~';?"x~'~',~;;r ~;;";;';~i~ ................
Street find Number " Municipol tv .......... ~i~" ...............
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1 LOCATION OF THE PROPERTY
...................
/~OO No. Lot No. Prior
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section ondl~aragraph of the Zoning.~ Ordiaance by number. Do not. quote the Ordinance.)
Article Z~ Section : ~'a
3. TYPE OF APPEAL Appeal is made herewith ~or (please check appropriate box)
( ~ A VARIANCE tc the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons, L~ws
Art. ]~ Sec. 280A Subsection 3
( )
4. PREVIOUS APPEAL A grevious appeal (l..,) (has not) been mode with respect to this decision
of the Building Inspector or with respect to this groperty.
Such appeal was ( ) request for a specia permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
requestecJ +'o~r the ~reason thbt
~orm ~.~! (Continue on other side}
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would pr~l~i~e~i:a~ti~:&l difficulties or unneces-
sary/ HARDSHIP because O/,~6t'E~. ~'$?~$ ~ ~ ~¢~ ~~
2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate
vicinity of this property and in this use district because /¢~0~t~'.~ ~N~/~/~'W~¢ $~
3. Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATEOF NEWYORK )) ss ..... ~'
COUNTY OF ,0~-'~ y'e.~/~ ) ~ign;~ture ...................
Sworn ,o this ............. ~...7..~.~. ........................ day of.. .~~ ....................... 19067
LEONA STREBEL
NOTARY ,-~
$OUTHOLD, N,Y. 11971
T .... 765-1802
B0~A~,D OF HEALTH ......
3 ,. /TS OF PLANS .......
'FORM NO. 1 SURVEY ..........
/OWN OF SOU/HOLD CHECK ..........
BUILDiNGDEPARIMENT SEPTIC FORM
TOWN HALL
NOTIFY
Examined ................. 19...
Approved ................ , 19... Permit No ............
Disapproved a/c .....................................
MAlL TO:
(Building Inspector)
APPLICATION FOR BUiLDING PERMIT
INSTRUCTIONS
a. This application must be comple[ely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot pl~ 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.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval Of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throu~out the work.
e. No building shall be occupied or used in whole or in parr for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Pecmk pursuant to the
Building Zone Ordinance of the Town of SouthoId, Suffolk County, New York, and other applicable Laws Ordinances or
R~ulations, for the donstruction of buildings, additions or alterations, or for removal or demolition, as herein descr}bed.
Tlge applicant agrees to comply with alt applicable laws ordinances, building code, housing coA~ and regulations and to
ad~t authorized inspectors on premmes aha m bund~g for necessary . ~.
(Si~ ¢~x:rpncarvr,-pr name, if a corporation)
(Mailing address of applicant) ~ i % ') '
State whether appli%ant is. owner,.lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
....¢. . 75 .......... ; ........................................ . ......
Nameofown~rofpremises ...~.~ .... .~.~. ~ (~'3..~..'~ ~( t ........................
tas on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED
Bnilder's License No ..........................
Plumber's License No .........................
Electrician's License No.
t Location of land on which propo%e/d.,work wRi be done..~ ~r~. ~. ~..'TL-- .~./'~...ff.O.X~ ...............
........ ........
ttouse Num oer Street Hamlet
County Tax MaF No. ,O00Section ..].].t ............ Block ..t ............... Lot/f'.~ ......
Subdivision ..................................... Filed Map No ............. Lot ...............
(Name)
2. State existing use and occupancy of premmes and intended use and occupancy of proposed construction:
~. ~x~,t~n~ us, =d o~,~p=,~ ...~.~/. U~m.'{z ~. ~ ..........................................
3. Nature of work (check which appli~?b!e): New Building ' Additiqn..~ ~..~7.~. ~ Alteration ..........
Repair .............. Removal. ............ Demolition ....... ~ / .... Other Work ...............
. . . -- (Descrip~tion)
/
4. Estimated Cost . .~..(~/.~..~. · .~'~. ...................... Fee ......................................
" (to be paid on filing this application)
5. If dwelling, number of dwelling units .... [ .......... Number of dweliing units on each floor · ·l .............
If garage, number of cars ...... ~. ...............................................................
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .J...7 ...............
7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ...............
Height ............... Number of Stories ..... f. ..................................................
Dimensions'of same ~t~cture with alterations or additions: Front ................. Rear ..................
Depth ...................... Height ...................... Number of Stories ......................
8. Dimensions of entire new construction: Front .......... ..... Rear ............... Depth ...............
Height ............... Number of Stories ...... ~. .................................................
9. Size of lot: Front ...................... Rear ...................... Depth ......................
10. Date of Purchase ............................ ~ Name of Forme,.&OWner . ]t~. 5. Q.o.~.J.,( ~. il..~..~ .....
11. Zone Or use district in which premises are situated.../.~..~.<P ......... ..................................
12. Does proposed construction yiolate any zoning law, ordinance or regulation: ..... /ii/..q .......................
13. Will lot be regraded .... ~ .O.. -~, ................. Will excess fill be iemoved from premises:r~ Yes No
14. Name of owner of premises t~. fi,,. jl~.c~3.0%.'T(.~4 .~/..Address ~.~A'T~ .qP~.. ~_P~f ~n ~ ~'O, ./.~..'. ............
Name of Architect ......... i ................. Address .. v .......... ; ..... Phone No ................
Name of Contractor .'-~.].M~.~q~[~5~..~/v.~6. Add,ss /~ ~ .a2./~-Ffi.~...,~?/~..}Phone No. ~ .~5-.~.~ ....
i5. Is this property located within 300 feet of a ~idal Wetland? *Yes ..... No
· If yes, Southold Town Trustees Permit maybe reouired.
PLOT DIAGRA~
Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or coruer lot.
TFATE OF NEW YORK, S.S
2OUNTY OF .................
................................................. being duly sworn, deposes and says that he is the applicant
(Name of individual s!gning contract)
~bove named.
',eisthe .... ! ...............................................
(Contractor, agent, corporate officer, etc.)
ff said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
application; that all statements contained in this application am true to the best of his k~owledge and belief; and that the
./~ork will be performed in the manner set forth in the application filed therewith.
5worn to before me this
........ :.../.~.~. ......... day of ..... ~.'~. ~.-~ .......... . I9 ~..~
~1[[~ ~. t~ali! ...... Y/'b~-/'~ ~-' "~"~,/' '-'/~"//' ........... : ........
~iOl~l~itt~,St~a~..?.~ ~ //~ ~2~ (Signature of applicant)