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Home My WebLink About3736 Southold'Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS TELEPHONE (516) 765-1809 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~,'],T J. DCUCLASS JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS Upon Application of JOH/~ R. SCHREYER for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct deck addition within 75 feet of existing bulkhead along Peconic Bay, at premises known as 160 Blue Marlin Drive, Southold Shores Subdivision Lot #2, Greenport, NY; County Tax Map Parcel No. 1000-56-7-20. WHEREAS, a public hearing was held on July 14, 1988, in the Matter of the Application of JOH~ R. SCHREYER under Appeal No. 3736; 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 under Article XI, Section 100-119.2B, as amended May 17, 1988, for permission to construct deck addition with a setback of approximately 52 feet at its closest point from the existing bulkhead and as more particularly shown on the sketch submitted with this application. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 56, Block 7, Lot 20. 3. The premises in question contains a total area of .46 acre(s) with 100 ft. frontage along the south side of Blue Marlin Drive in the Hamlet of Greenport, is known as Lot #2 on the Subdivision Map of Southold Shores, and is improved with a single-family dwelling, presently set back at 76 feet from the tie line along Peconic Bay, and approximately 72 feet from the existing bulkhead (at its closest points). ~age~2 - Appl. No. 3736 Matter of JOHN R. SCHREYER Decision Rendered July 14, 1988 4. Article XI, Section 100-119.2B of the Zoning Code (as amended) requires all buildings or structures proposed on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than Sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 5. On-site inspections find that the immediate area of this neighborhood does consist of other substandard parcels improved with structures with similar setbacks from the bulkhead and Bay; 6. It is the position of this Board that: (a) the relief as granted herein is not out of character with the immediate general area; (b) the relief requested is not substantial in relation to the requirements; (c) the practical difficulties are related to the uniqueness of the property and are not personal in nature; (d) 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; (e) there is no other method feasible for appellant to pursue; (f) in considering the above factors, the interests of justice will be served by granting the relief, as requested. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance under Article XI, Section 100-119.2B (as amended) in the Matter of the Application for JOHN R. SCHREYER under Appl. No. 3736, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck addition be constructed as requested; 2. That the deck not be enclosed; 3. Any proposed lighting must be shielded to the property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent. ) This resolution was duly adopted. lk RECEIVED AND FILED BY ~ SOUTHOLD TOWN CLERK DATE /,~-/r,~ HOUri ~/.' _~ /% NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southotd, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971~ on THURSDAY, JULY 14t 1988 at the following times: 7:30 p.m. Appl. No. 3733. Esme and Nicholas Laqudis. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate accessory (gazebo) structure within 100 feet of the top of bluff along the L.I. Sound, at premises known as 760 The Strand, Pebble Beach Farms Subdivision Lot 9129, East Marion, NY; County Tax Map Parcel No. 1000-30-2-84. 7:35 p.m. Appl. No. 3735. DINe AND LYNN ROSSINI. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition, landing and stairs near and along bluff of the L.I. Sound, at premises known as 755 Soundview Avenue, Mattituck, NY; County Tax ~lap Parcel No. 1000-94-1-6. 7:40 p.m. Appl. No. 3736. JOHN_ R. ~ Variance to ~ he Zoning Ordinance, Article XI, Section 100 119.2 for ~ ermission to construct deck addition within 75 feet of bulkhead long Peconic Bay, at premises known as.160 Blue Marlin Drive, ~ outhold Shores subdivision Lot ~2, Gree~port, NY; County Tax Map ~Parcel No.. 1000-56-7-20. ) 7:45 p.m. Appl. No. 3738. GEORGE BORNSCHEIN. Variances J to the Zoning Ordinance, Article III, Section 100-31, for permission to extend garage located in the frontyard area and attach same to existing dwelling, and to construct additions to square off rear of dwelling in excess of maximum-permitted lot coverage requirement, at premises known as 560 Oak Street, Cutchogue, NY; Lot #24 and one-half of ~25, Map of Eugene Heights; County Tax Map Parcel No. 1000-136-1-44. 7:50 p.m. Appl. No. 3743. NORTH FORK GREEK COMFfONtTY ASSOCIAT!ONt INC. Special Exception no the zoning Ordinance, Article III, Section 100-30B for permission to expand building for a Place of Worship ~at premises known as 1950 Luthers Road, Mattituck, NY; County Tax Map Parcel No. 1000-106-9-6.1. 8:00 p.m. Appl. No. 3737. JOHN and JOAN POLYWODA. Variance to the Zoning Ordinance, Article VII, Section 100-71 to construct 11'6" x 36' addition (for storage) with an insuffi- cient sideyard setback at the westerly yard area, at premises known as 55560 Main Road and 20 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-62-3-2. B-1 Zone District. 8:05 p.m. Appl. No. 3741. DOUGLAS AND ELIZABETH WHELAN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient setback at the easterly side of existing dwelling which has been determined by the Building Inspector to be frontyard area, at premises known as 1145 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-03-8. Page 2 - Notice of Hearings Regular Meeting-July 14, 1988 Southold Town Board of Appeals 8:10 p.m. Appl. No. 3748. JAMES and ELAINE KELEMBELIDIS. Variance to the Zoning Ordinance, Article Section 100-31, Bulk Schedule, for permission to extend deck with an insufficient rearyard setback, at premises known as 395 Dogwood Lane, Southold, NY; County Tax Map Parcel No. 1000-54-5-28.1 8:15 p.m. Appl. No. 3742° OLIVER CAMPBELL. Special Exception to the Zoning Ordinance, Article iX, Section 100-90A for permission to construct principal building for storage purposes in this C-1 Industrial Zone District In conjunction with sand and stockpile yard, at premises located along the west side of Cox Lane, Cutchogue, NY~ County Tax Map Parcel No. 1000-84-03-5. 8:25 p.m. Appl. No. 3745. JOSEPH SPITALIERE/JOHN C.W. CAMPBELL. Variance for approval of access in accordance with New York Town Law, SectiQn 280-a over private right-of-way located along the east side of Cedar Beach Drive (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to parcels identified on the Suffolk County Tax Maps as No~ 1000-90-4-14 and 19o 8:35 p.m. Appl. No. 3749. STERLING IDEA V~N~-~RES~ 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 CoR. 48, Southold~ NY~ County Tax Map Parcel No. 1000-55-2-18.1. B-1 General Business Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written co~ents may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information~ please call 765-1809. Dated: June 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOE~IRINGER, CHAIRM3~N Linda Kowatski, Board Secretary Instructions to newspapers: Please publish on THURSDAY, JUNE 30, 1988~ and forward 11 affi- davits of publication to: Board of Appeals~ Main Road~ Soutold, NY 11971, on or before July 5, 1988. FORN~NI~. a TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL File No ................................ ~o ~.~.:.~:...~.~ ...... PLEASE TAKE NOTICE that your application dated ...~.....~-..&-. .......... 19 .~ .~.. ~o~ ~ ~o ~o~ .~. ~.~.. ~ ~..~. ~. ~~~ Location of Property ~s~ " '~ '~~~ ..... ~ ~r~'[et County Tax Map No. 1000 Section . .-..~ ~ .... Block ... ~. ...... Lot .. ~ 9. ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on tt~e lbllowing grounds .{~[,~.~. _--~_..~...~ .c~.. l. ~: .~. .4.. ~~.~ ..~....~~.~ .~ .................... .0... ........... Buikling Inspector TOWN OF SO.HOLD, APPEAL FROM DECISION OF BUILDING ,NSPEC'r~¥ ~ 0 APPEAL NO. ~7 2 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appel,ant / Street and Number .............................................................................. ~.-.;.'-'.4..~ .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF ~HE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Stre~ and Number Municipofi~ State ( ) PERMIT ~0 USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY .L.~.g ...... Street /Hamle~ / Use District on District 1000 Section~Block ~Lot~O. ' ........................ .~ ....... ~ ............................................... burren~ ~nem~ Map No. '~3 Lot No. 3 P~J0~ Ow~e~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article~ Section /~(~ ~//~- 7~PE OF APPEAL Appeal is made herewith for (please check appropriate box) 3. (/) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New YorkTown Law Chop. 62 Co~. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (h~ (has not) been made with respect to this decision 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 ......... .~...~......J~......~..Z ....................................... REASON FOR APPEAL ()/A Variance to Section 280A Subsection 3 (~J) A Variance to the Zoning Ordinance ( ) is requested, for the reason that e (Continue on other side) REASON FOP, APPEAL Continued 1. STRICT AppLICATION 0F THE ORDINANCE would produce procticaJ difficuJties or unneces- ~'L~: ~, ~ ~1 , , ~ 2. The hardship created is UNIQUE and is not shared by all properties, a~ike iq the immediate vicinity of this property and in this use district because 3,~,h~'rf~"~;~m~erve the s~of the Or~d WOULD NOT CHAN~WH~ CHARACTER OF THE DISTRICT because j~ ~d 0 STATE OF NEW YORK ) ) COUNTY OF S';~.~:F'=~ ) SS Sworn to this ............. :.~. ............................. day of ......................... TOWN OF STREET RES. ~'/~) SEAS. LAND IMP. VL. TOTAL FARM DATE COMM. CB. MISC.' REMARKS Mkt. Value AGE NEW FARM TillabP{ i Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total NORMAL Ac re BUILDING CONDITION BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK M. Bldg. Extension Extension Extension Porch Porch Breezeway -~.rage O. ~.~-- '~ota~ 3asement Fire Place ion Room Driveway Bath Floors Interior Finish Rooms 1st Floor Rooms 2nd Floor