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Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
April 14, 1987
Appeal No. 3628
Application Dated
TO:
Rudolph H. Bruer, Esq.
Patricia C. Moore, Esq.
Edson and Bruer as Attorneys
Main Road
Southold, NY 11971
[Appellant(s)]
for GEORGE AND JANE KAYTIS
At a Meeting of the Zoning Board of Appeals held on 0ct0ber 28, ]987
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
[X] Request for Variance to the Zoning Ordinance
Article III, Section ]00-3], Bulk Schedule
[ ] Request for
Application of GEORGE AND JANE KAYTIS for Variances to the Zoning
Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of
insufficient area of two proposed parcels, Lot #1 of 40,000 sq. ft.
and Lot #2 of 1.443 acres, and insufficient frontage of Lot #2 along
Robinson Road, Southold, NY; County Tax Map Parcel No. 1000-81-03-15.4
(or 12).
1987
Appl.
WHEREAS, a public hearing was held and concluded on September lO,
in the Matter of the Application of GEORGE AND JANE KAYTIS under
No. 3628; 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:
I. The premises in question is a described parcel
containing a total area of 2.361 acres with frontage of 244.02
feet along the east side of Paradise Point Road and 50.03 feet
along the south side of Robinson Road at "Paradise Point,"
Southold.
2. The subject premises is identified on the Suffolk
County Tax Maps as District 1000, Section 081, Block 3, Lot
15.4 (previously 12) and is presently vacant.
3. By this application, appellant requests area variances:
(a) for proposed Lot #1 of 40,000 sq. ft. in area, and (b)
for proposed Lot #2 of 1.443 acres, as more particularly shown
on Map prepared by Roderick VanTuyl, P.C. August 11, 1986 and
revised January 22, 1987 (File #2241-2).
(CONTINUED ON PAGE TWO)
DATED: November 16,
Fo~ ZB4 (rev. 12/81)
1987.
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - Appl. No. 3628
Matter of GEORGE AND JANE KAYTIS
Decision Rendered October 28, 1987
4. Upon information and belief, it is the understanding
of this Board that the immediate area, consisting of County
Tax Map District 1000, Section 81, Block 3, Lots 15.2, 15.1,
12, 15.3, 11, and 28, were owned by James Furman Neefus and
his wife, Minnie Neefus and consisted of approximately 10±
acres. After research, it was found that several conveyances
have been made by the Neefuses between February 1967 and
April 1976 as follows:
(a) County Tax Map Lot 28 (of 1.65± acres) was
conveyed on April 4, 1973 to George and Jane Kaytis;
(b) County Tax Map Lot ll (of 2.75+ acres) was
conveyed to James F. Neefus, Jr. February 28, 1967;
(c) County Tax Map Lot 15.3 (of 2.9± acres) was
conveyed to James F. Neefus, Jr. February 3, 1976;
(d) County Tax Map Lots 15.2 and 12 (now 15.4)
of 2.361 acres was conveyed to the applicants herein on April 19,
1966 by single deed at Liber 5944 cp 97 (as well as the .45+
acre adjoining right-of-way to the south known as Lot No. 15.1
by deed at Liber 8011 cp 518 on April 1, 1976).
5. For the record, town approval was found only for
the set-off of Lot 28 in paragraph (a), supra, under Board
of Appeals action rendered February 15, 1973, Appl. No. 1724,
and Planning Board action of September 23, 1980. No other
approvals have been found in town records for the other
conveyances.
6. In viewing the immediate area, the Board finds that
all of the lots are of a size greater than that proposed by
this application, to wit, County Tax Map Lot No.: (a) ll of
2.75± acres, (b) 13 of 2.0± acres, (c) 14 of 1.5± acres,
(d) 15.3 of 2.9± acres, (e) 15.2 of 3.4± acres, (f) 28 of
1.65± acres, (g) 9 of 1.8± acres.
7. Article III, Section lO0-31, Bulk Schedule of the Zoning
Code requires a minimum lot area of 80,000 sq. ft., minimum lot
width of 175 feet, and minimum lot depth of 250 feet.
8. The amount of relief requested from the lot area
requirements is a total of 70+ percent for both lots, and
50% of a variance or 40,000 sq. ft. as proposed for Lot #1,
and 21+% of a variance or 29,400 sq. ft. as proposed for
Lot #2.
9. It is the opinion of the Board that the percentage of
relief requested is substantial in relation to the require-
ments and the granting of the variances requested will not be
within the character of the lots in the immediate area.
10. In considering this application, the Board also finds
and determines that: (a) the difficulties claimed are not suffi-
cient to warrant a granting of the relief requested; (b) the
percentage of relief requested is substantial in relation to the
requirements; (c) the difficulties claimed are self-created
and are not sufficient for the grant of this variance; (d)
the lot as exists with a total acreage of 2.361 acres is only
.40+ of an acre larger than the 80,000 sq. ft. requirement;
Page 3 - Appl. No. 3628
Matter of GEORGE AND JANE KAYTIS
Decision Rendered October 28, 1987
(e) the variance will in turn cause a substantial effect on
the safety, health, welfare, comfort, convenience and order
of the town; (f) in view of the manner in which the diffi-
cutlies arose, and in consideration of all the above factors,
the interests of justice will best be served by denying the
variance applied.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
RESOLVED, to DENY the relief requested under Appl.
No. 3628 in the Matter of the Application of GEORGE AND JANE
KAYTIS.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly
adopted.
lk
~ ·GERARD P. (~EH~RINGER, ~N~AIRMAN
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CT.~LK
DATE ,I/f ~/~ HOUR ~ :/~'~
Town C%rk, Town of
NOTICE OF NEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law and the Code of the Town of Southold, the following
hearings wil b~ held by the SOUTHOLD TOWN BOARD OF APPEALS
at a Regular Meeting at the Southold Town Hall, Main Road,
Southold, Ne~ York, on THURSDAY, SEPTEMBER 10, 1987 at the
following tidies:
7:35 p.l
the Zoning Or
to excessive
insufficient
Island Sound,
to be constru
structure.
County Tax
7:40
Variances
~. Appl. No. 3651 - DEAN KAMEN. Variances to
dinance, Articles:-- (a) III, Section 100-32 as
hei'ght, (b) XI, Section 100-119.2 as-to
setback from ordinary hi'~hwater mark of Long
of a proposed wind-~u'~bine-generating--tower
cted landward or near existing granite monolithic
Llocation of Property: North Dumpling Isla'nd~ N¥~
Mapl Parcel No% 1000-130-01-004. -
toL the Zen~ng Ordinance, A~ticles; :(a) IZZ; Sec~
tion ]00-31, Bulk Schedule., as to an insufficient sideyard
setback of ga[age, When att-ached to principal dwelling
structure witI raised open-deck construction, '(b) ~I,-Section
100-119.2 for~an insufficient setback from existin~ seawall
landward of wetland area ~6r proposed deck 'addition, (c~-
III, Sec%ion
structure in
same to dwell
waters Driv~'~
1000-104-05-1~.
7:45 p.m.
to the Zoning
permission to
stairs, both w
Lake, or landw
closer. Locat
Marion, NY~ C
00-32, 'for appro~at of garage as an accessory
he sideyard area as an alternative ~o attaching
ng structure~ Location of Proper'ty: 200 Hay-
Cutchogue, N¥~ County. Tax Map-Parcel No. -
7:50 p.m.
Variance to th(
for permission
Location of Property:
Cojn~y Tax~Mao Parcgl
Appl.. No. 3622 - CHRISTIAN B. SALMZNEN. Variance
rdinance, ~rticle XI, SJction 100~i]9.2 for
onstruct deck addition to dwelqing-an~Q accessory
)t~ an insufficient ~setback from e-dge of Marion-
ard edge or'freshwater wetland, whi-chever is
on of'Property: 240 Lakeview Terrace, East
unty Tax Map ?arcel No. 1000-31~9-15.
Appl. No. B658 PAUL'AND CORRINE FERDENZI.
Zoning Ordinance, Article III, Se.c¢ion 100-32
so loc.ate accessory building in frontyard area~
470 N'aywaters Drive, Cutchogue, NY;
No. )000-104-5-21.
Page 2 - Lelgal Notice of Hearings
Regular Meeting -September lC, 1987
Southold ToWn Board of Appeals
7:55 p.m. Appl. No. 3665 LEHESK BUILDING CORP. Variance
To the Zoning Ordinance, Article III, Section lO0-31, Bulk
Schedule, for approval of construction of open deck with an
insufficient rearyard setback at 360 Sebastian's Cove Road,
Sebastion C(ve Lot No. 5~ Mattituck, NY; County Tax Map
8:05 p
from May 21
m. Appl. No.'3593 -QUI.ET MAN. ZNN (Reconvened
1987)~.' Variance to the Zoning Ordfnance, Artlcle
VII, Section lO0~7l, Bulk Schedule, for permission to construct
addition in this--~'B-1u General Business Zoning Distrfct with
an insufficient frontyard setback frG~ the westerly pro'perry
line along Hobart Avenue. Location'S'of Property: £orner
Main Road an~ Hobart Avenue, Southold., NY; County Tax Map-~
Parcel no. 1000-62~3-7.
8:10 p.m. Appl. No. 3659 - ~QUIET MAN INN. Variance to
the Zoning Ordinance, 'Article X~Z, Section -lO0~ll2 (and
Article III, Section-lO0~3]) for approval of %nsuff~c~ent
number of pa~king spaces-of this preexisting busin-ess use.
Location of Froperty: Corn.er of Main Road ~and Hobart Avenue,
Southold, NY; County Tax Map P.arcel No. 1000~62~3-7.
/~ 8:20 p.,. Appl. No. 3628 - GEoRG~"AND"iA~E'KA~TZS. Xx
ZVariances to /the -Zoning Or~nan~e~ 'Artic]e I.~1~ 'Section-
100~31,' B~lk~Schedu]e, 'for approval of insuf'f~cient area
of two proposed parcels--; Lot-~l of~'40~O00 s~; ft. and
Lot ~2 of 1~4~3~ acres, and .~nsuff~cient fr~tage of Eo'~' ~2
along Robinson Road, Southo]d, N'Y; County Tax, Map-~Parce]
No. 1000-81-03-15.4 (or 12)~
8:35 p.m, gpp]. ~o. 3654 - ~I~[Ig~ ~OOR[,' [S~. ~nd
BENJAMI~ HERZ~EZG,-~S~] Varfa~-ce t.o the ~onfng-.,Ord4mance,
Article XI, S~ction 100-t19.2 for permission to establish
"building enw lope" with setbacks of not less than 38 feet
from nearest ~
not less than
approved under
of Property:
Estates Lot N~
et}ands along existing two-foot con~gur and
30-feet from the front property l~ne {as
Appl. No. 3412, June 30~ 1987-~.-- Location
5~5 Meadow Lane, Mattituck, NY; Mattituck
42; 1000~15-5-?. (Reconvened from 8]20/87).
Page ~ - Legal Not~ce of Nearings
Regular Meeting - September 10, 1987
Southold Tomn Board of Appeals
8:53 p.m. Appl. No. 3653 NORTH ROAD ASSOCIATES.
(Reconvened from August 20, 1987). Variance for approval
of access at Orient.
The Board of Appeals will hear at said time and place
all persons pr representatives de~ring t~ be he~rd in
each of the Bbove matters. Each hearing will not start
before the t~me allotted. Written comments_may be submitted
prior to the conclusion of the subject hearing. For more
information, please call 76B-1809,
~ated: August 20~ 1987~ BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD-P, GOEHRINGER, CHAIRMAN
Linda Ko~alski~ Board Secreta'ry
1987 and forward af~ida~it~of~publ~cat~on o~. afl of
Appeals, Mai~~ ~oad, SouthOld, ~NY,lI971, ~
FORM NO. 3
TOWN OF SOUTHOLD
BUILD~qG DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ....................... . .........
...... ¢~~.. t.~f.~ .......
.~.~,~.~. ,. ~.,.~,.. J.~..~..~. t.
PLEASE TAKE NOTICE that yyur application dated ... ~.1~ ............ ,19
for pemit to ~t .~7~ ~ ....................... at
Locafio~ of ~oper~ .~.~ ~.q...~~,. ~: .~ ..... ~~~ '~o~
~o~,,,, ~..~.o~,'~0"~L.o. ..... ~.~ .... ~,o~'Z. ~- ...... ~o,.~ ~ ......
Subdi}ision ...... ,,~ .......... Filed Map No ................ ,. Lot No ..................
is re~rned herewith ~nd disapproved on the followh~g ~ounds .~.
· .-~5; .......
Building L~spector
RV 1/80
TOWN OF SOUTHOLD, NEW YORI~~
~11~~ DECISION OF BUILDING INSPECTOR
TO THE ZONING IBOARD OF APPEALS, TOWN OF,SQUTHOLD/N.Y. . ..-
i, (We) ............ El;;;;;; .......................................................................................... Street and Number
Southold
Municipality
NaY,
............................ HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS PROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PER/VUT IN/D. to...s~.¥..~..~..q ............. DATED ,.,.7.../..~.~/.,8.,6. ....................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
George & Jane Kaytis
Name of Applicant for permit
of
:..,. ..s..o.. ..............................................................
Street and Number Municipality State
) PERMIT TO USE
) PERMIT FOR OCCUPANCY
( X ) PERMIT TO SUBDMDE
].' LOCATION OF THE PROPERTY ..3..?.~.0....~...a~_.a.~.s..e...~:.....~..... ...... :].~.~]..?..~.~.~.~..e~...~..~,.~.~/,.~...~/..J:.c..u...~.~...~..al
Street Use District on Zoning 'Map
.................................................................................. Current Owner GEORGE & Jg_NE I(AYSQ]S
Mop No. Lot No.
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 I, Section 106-20 & Article III, Section 100-31
3. TYPE OF APPEAL Appeal is made herewith for
(×) A VARiANCE/to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law CHap. 62 Cons; Laws
Art. 16 Sec. 280A Subsection 3
APP~ '
4. PREVIOUS AL A prewous appeal (Ja~,) (has not) been made with respect to this decision
of the ~uilding Inspector or with respect to this property.
Such ~ppeal was ( ~ request for a special permit
(I 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
Appellant desires to set-off a 40,000 sq. ft. lot from this 2.361 acre parcel.
l~orm ZBI
Continue on other side)
REASON FOR APPEAL Continued '- ~,
1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficu~l~ies or unneces-
sar~ HARDSHIP because
Appellant would be unable to divide this property au provide a
building lots for the use of his ~wo children.
2. The hardshipcreate~ is UNIQUE and isnotshared oy all properties alike in the immediate
vicinity of this property and in this use district because
This property, along with the three adjacent properties immediately to
the north and east, form the Neefus family compound. It has always
been the intention of the family to maintain these properties for use
by family members and to provide for additional residential
Construction as needed. It was merely lack of forethought, on the
part of your Appellant~ that this proposed division was no~ pursued
prior to the institution of two-acre zoning.
3. The Varmnce would observe the ~irit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
This property is separated from other property designated on :he
proposed Southold Town Master Plan as "A-40", only by a 50-foot wide
p~ivate roadway. A number of the properties to the north, although
proposed to be further upzoned, are pre-existing one-acre lots. In
addition, the set-off parcel will have safe and direct access byway
of Paradise Point Road.
STATE OF NEW YORK
COUNTY OF SUJ~'~OLK
~///~~~'~i~nature ": .......................
Sworn re this ..............................................do¥ of ........................ ..J~,..r.~.~.. ..................... 19 87