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Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 2.5 SOUTHOLD. L.I., N.Y. 11¢JT1
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 36]]
Application Dated January 29, ]987
TO: Patricia C. Moore, Esq.
Edson & Bruer
as Attorneys for MR. AND MRS.
Main Road
Southold, NY 11971
RAYMOND KERESTER
At a Meeting of the Zoning Board of Appeals held on April 23, ]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
[×] Request for Variance to the Zoning Ordinance
Article III , Section ]00-3], 8u]k Schedule
[ ] Request for
Application of RAYMOND AND ELEANOR KERESIER for a Variance to the
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for
approval of insufficient lot width of three parcels, each containing
4.6± acres, in this pending minor subdivision. Location of Property:
West Side of Pradise Point Road and north side of North Bayview Road,
Southold, NY; County Tax Map Parcel No. 1000-81-1-25.
WHEREAS, a public hearing was held on March 5, 1987 and April 2,
1987, at which time the hearing was concluded, in the Matter of the
Application of RAYMOND AND ELEANOR KERESTER, Application No. 3611; 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 a described parcel of land con-
taining a total area of 13.85 acres which extends from the north
side of North Bayview Road and the west side of Paradise Point
Road, Southold, Town of Southold, and is more particularly desig-
nated on the Suffolk County Tax Maps as District 1000, Section
81, Block 1, Lot 25. The entire premises is vacant at this time.
2. By this application, appellants request a Variance from
the Provisions of Article III, Section 100-31, Bulk Schedule of
the Zoning Code, for approval of: (a) the insufficient lot width
of proposed Lot No. 1 of 150 feet; (b) the insufficient lot
width of proposed Lot No. 2 of 150 feet, and (c) the insufficient
lot width of proposed Lot No. 3 of 150 feet, and frontage along
North Bayview Road of 169.42 feet. Lot No. 3 as proposed is a
corner lot as defined by Section lO0-13-Definitions of the Zoning
Code.
DATED: April 23, 1987.
Form ZB4 (rev. 12/81)
OF APPEALS
Page 2 Appeal No. 3611
Matter if RAYMOND AND ELEANOR KERESTER
Decision Rendered April 23, 1987
3. Each of the parcels as proposed will contain a minimum
lot area of 4.5 acres (inclusive of right-of-way and low contour
areas), and new construction will be regulated by Column A-80 of
the Zoning Code.
4. Records show that the subject 13.85-acre parcel is owned
by Eleanor M. Kerester and Jamal Manassah (Deeds at Liber 9310
cp 548 dated November 22, 1982, and at Liber 6823 cp 40, dated
October 9, 1970).
5. The amount of relief requested as to the lot width of
each proposed parcel is 25 feet, or 14% of the requirements.
6. It is noted for the record that: (a) Permit #10-86-1817
was issued January 2, 1987 by the N.Y.S. Department of Environ-
mental Conservation concerning this subdivision; however, any
proposed development will need an additional application to
and approved by the NN.Y.S.D.E.C. Bureau of Marine Habitat
Protection; (b) an application for subdivision approval is
pending with the Southold Town Planning Board, whose preliminary
comments were received February 11, 1987; (c) approval was
received December 16, 1986 from the Suffolk County Department
of Health Services concerning this subdivision.
7. It should be understood that the actual "building
envelopes" as shown on the survey plan amended April 2, 1987
are not part of the approval in this variance application and
therefore is not to be automatically considered acceptable
building areas. One of the main concerns in these areas is
full protection of the wetland and pond areas, and the
position of the right-of-way to Lots 1 and 2 should be
located in an area distant from wetland areas.
In considering this appeal, the board also finds and
determines: (a) the percentage of relief requested is not
substantial in relation to the requirements; (b) the circun
stances of the property are unique; (c) there will not be
a substantial change in the character of the neighborhood;
(d) the relief requested is not unreasonable and there is
no other method feasible for appellants to pursue other than
a variance; (e) the safety, health, welfare, comfort,
convenience and order of the Town will not be adversely
affected by the grant of this variance; (f) in view of the
manner in which the difficulties arose and in considering al
the above factors, the interests of justice will be served b
allowing the variance, as conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a Variance from the Provisions of
Article III, Section 100-31, Bulk Schedule, of the Zoning
Code for the insufficient lot width of proposed Parcels 1,
2 and 3 at 150 feet, as shown by plan amended April 2, 1987
by Roderick VanTuyl, P.C. in the Matter of RAYMOND KERESTER,
Application No. 3611, SUBJECT TO THE FOLLOWING CONDITIONS:
1. No disturbance of any freshwater or saltwater wetlands
or wetland grasses defined by Chapter 97(13) of the Town Code,
for road construction, development, or any other activities;
2. No lot-line changes or adjustments without formal
applications to the Board of Appeals and the Planning Board.
3. This variance is temporary for a maximum period of
two years, EXCEPT where the pending division of land has been
finalized by all involved agencies and the parcels have been
transferred by deed or other legal document to reflect the
subdivision lot lines accordingly.
]4. Planning Board Subdivision and 280-a Approvals.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent.) This
resolution was duly adopted.
lk
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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
public hearin!gs will be held by the SOUTHOLD TOWN BOARD OF
APPEALS at thie Southold Town Halt, Main Road, Southold, NY
at a Regular Meeting, THURSDAY,' MARCH'5, 1987 at the following
times:
7:35 p.m. Appeal No. 3590 - THOMAS AND CATHERINE ZIMMERMAN
(Recessed from 2/5/8~). Addition to nonconforming dwelling
strucsure exceeding 50% of fair value. 265 Rochelle Place,'-
Mattituck, NY; 1000-144-04-9 & 8. - -
7:40 p.m. Appeal No. 3603 JAMES CROSS. Variance to the
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for ,approval of insufficient lot area (78,408 sq. ft.) of
parcel proposed to be set-off'--in this pending division of
land. Location of Property: North Side of Main Road,
Cutchogue, NY; County Tax Map District 1000, Section 109,
Block l, Lot~-8.5.
7:45 p.m, Appl. No. 3610 - CAROL A. BARTHOLOMEW. Special
Exception to the Zoning Ordinance for permission to establish
"Bed and Breakfast" use, incidential and subordinate to the
proposed single-family dwelling use, in accordance with the
requirements'of Article !I~, Section 100-30(B)[16]. Location
of Proper~y:~-7015 Wickham Avenue, Mattituck, NY; County Tax
Map District 1000, Section 107, Block 5, Lot 4~
7:50 p.m. Appeal No. 3612 PHILIP AND ELLEN BELLOMO.
Variance to the Zoning Ordinance, Article XI, Section 100-119.2
for permission to construct addition at-rear of dwelling with
an insufficient setback from wetlands along Great Pond at 7455
Soundview Avenue, South~ld, NY; County Tax Map District 1000,
Section 59, Block 6, Lot 8.
8:00 p.m. Appeal No. 3511 KAPELL REAL ESTATE INC. and
LIMPET CORP. Variances to the Zoning Ordinance, Article III,
Section 100-31~, Bulk Schedule for approval of insufficient
(l~ lot area, (2) lot width, (3) lot depth of two parcels
in this pending division of land. Location of ProperTy:
Linett and Brown Streets, Greenport; Greenpor~ Driving Park
Map, Lots 16 and 65; County Tax Map District 1000, Section
48, Block 3, L~t 25.1.
Page 2 ~ Notice of Hearings
Southold Town Board of Appeals
R6gular Meeting - Mar~h 5, 1~.87
8:05 p.m. Appeal No. 3608 RICHARD F. MULLEN, JR. Variance
to the Zoning Ordinanc~ Article XI, Section lO0-112[I) for per-
mission to'utilize subject premises for a paved parking area~for
the employees of Mullen Motors, an established business abutting
this parcel alon~g the north side. Zone Districts: Partly "A"
Residential and Agricultural and "B-I" General Business. -'Location
of Property: East' Side of Cottage PT'ace, Southold, NY; County
Tax Map Distriict 1000, Section 62, Block 3, Lot 19.
8:10 p.m. Appeal No. 2592 BENTE SNELLENBURG. Variances
to the Zoning Ordinance, Articles: (1) XI, Section lO0-119.1(B)
for appr6val of e!ght-foot-heign~ of fencing along the easterly --
property line a length-of 72± feet; (2) XII, Section 100-141,
Appea~ing the November 6, 1986 Older to Remedy Violation which
mandates a building permit-for new'fencing along the easterly
property line. Location of Property: Private right-of-way
extending off of the east side of South Harbor Road known as
Private Road No. 10, or Old Woods Path, Southold~ NY; County
Tax Map Parcel No~ 1000-87-2-21.
~ 8:20 p.m. Appeal No. 36~1 RAYMOND AND ELEANOR KERESTER.\
Variance to the Zonin'§ Ordinance,. Article II~ Section 100-31;
Bulk Schedule for approval of insuffici'ent lot width of three
parcels,'ea6h'cOntaining 4.6± acres; in this pending minor
subdivision. Location of Property: West side of Paradise
Point Road and north side of North Bayview Road, Southold, NY;
County Tax Map Parcel No. 1000-81-1-25.
The Board of Appeals will hear at said time and place all
persons or representatives dQqiring to be heard in each of the
above matters. Each hearing will not start before the time
allotted. Written comments maya.be submitted p~ior to the
conclusion of the subject hearing. For more information, please
call 765-1809.
Dated: February 23, 1987. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF A~PEALS
GERARD P. GOEHR~NGER, CHAIRMA~
Linda Kowalski, Board Secretary
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTItOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................ Date.~..%4~...~ ............. 19 .~.'~..
~o ~,~ .~. ~. ~.~...~... ~ ~,,,~.
· .~~.. ~.~., ~.~.~.~ ~ .....
PLEASE TAKE NOTICE that your applicafio~ dated ~ ~... ~ ~ ........ t 9 ~.~..
Hoaxe ~o. H~mlec
County Tax Map No 1000 S~ction , .-. ~.~ J ...... Blbck .... ~ ~ ....... Lot . .~ ~ ........
Subdivi~on ................. Filed Map No ................. Lo~ No ..................
~s returned ;~eiewith and disapproved ~ t~xe following grounds ~.~. ~ ~. ~ ~ .'. ~.~.
~. ~~..~ ....................................................
..........
Building Inspector
JAN-29 1987
T~,~'I ~.~A~ FROM DECISION OF BUILDING INSPECTOR
TOWN OF SOUTflOLD, NEW YORK
APPEAL ND
DATE 1/2~/87
TO THE ZONING BOARD Q~ APPEALS, TOWN OF SOUTHOLD, N. Y.
l, (We) ....... ..P~..~.YI~....~.~....~S.~ .......................... of 21 OI~OLE AVd3NUE
Name of A~pell~ Street and Number
BRC~TqIT ,T ,E N . Y~r'
............................ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT~[ ..... ~..~.,~..~. ............. DATED ............. .]:/..6./8.7. ............................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
Name of Applicant for permit
of Main Road, Southold, N.Y.
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
(X) PERMIT TO SUB-DMDE PROPERTy
1. LOCATION OF THE PROPERTY 11535 North Bayv.i. ew Road "A"-Residential/Agricultural
Street Use District on Zoning MOp
Eleanor M. Kerester
SCTM~ 1000-081-01-025 Cn~rpn~ Owner Jamal Manassah
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 Ordi.nance.)
Article III, Section 100-31
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCEto th~Z0ning 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
4_ PREVIOUS APPEAL A prev,ous appeal ~ (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 c variance
and was made in Appeal No ................................. Dated ....................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 250A Subsection 3
A Variance to the Zoning Ordinance
~s requested for the reason that
Appellant desires, to subdivide this 13.85 acre parcel to create tkree 4.6-~ acre
lots with insufficient width.
Perm ZBI (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or urineces-
sary HARDSHIP because
Appellant would be unable to subdivide the property as proposed.
alternative configuration of three (or more) lots on this parcel
necessitate extensive road construction and impose a financial
hardship upon your Appellant.
Any
would
2. The hardshJ~createdis UNIQUEQnd isnotshared by oil prope~ies alike in the immediate
vicinit~ of this property and in this use district because
The dimensions of the property make this hardship unique. Although
the existing parcel contains 13.85 acres, it is only 450 feet wide.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
Appellant desires to conserve open space by proposing the creation
only three building lots on this parcel~ thereby enhancing the
character of the district, as well as observing the spirit of the
ordinance. This parcel could conceivably, and in accordance with
current zoning, support up to twice the number of building lots
proposed, without the need for a zoning varzance. Such a proposal
would effectively increase both density and demands on ground water
supplies, while depleting available open space.
of
STATE OF NEW YORK )
) ss
COU ',ITY OF SOPFOLK )
Sworn to this .. 28~ch day o~
F
NOTARY PUgLiC. S!ate of Ne~z Yo~¢
Gommission Expl:es ,~;i~rch 30,