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Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25~ ~nUTHOLD, L.I., N.Y. 11g71
ACTION OF THE ZONING BOARD
Appeal No. 3602
Application 'Dated 3anuary 8, 1987
TO: J. Kevin McLaughlin, Esq.
as Attorney for MARGARET McNAMARA
828 Front Street
Greenpor t, NY 11944
At a Meeting of the Zoning Board of Appeals held on October 8, 1987,
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 XI , Section 100-119.2(B)
[ ] Request for
Application of MARGARET McNAMARA for a Variance to the Zoning Ordinance, Article
XI, Section 100-119.2(B) for permission to construct wooden deck attached to existing
dwelling with an insufficient setback from existing timber bulkhead and Peconic Bay.
Location of Property: 640 Takaposha Road (Private road #15), Southold, NY; County Tax
Map Parcel No. 1000-87-06-10.
WHEREAS, a public hearing was held and concluded on August 20, 1987 in the Matter
of the Application of MARGARET McNAMARA under Appl. No. 3602; 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. By this application, appellant requests a Variance from the Provisions
of Article XI, Section 100-119.2(B) for permission to construct open, wooden deck
construction around the existing dwelling structure resulting in an insufficient
setback from the existing timber bulkhead at 36 feet and at 30 feet from the
stairway construction (at its closest point).
2. The premises in question is located along the northerly side of a private
road referred to as Takaposha Road (or Private Road #15), which extends from a
point at the south side of Main Bayview Road in varied south and southeasterly
directions, to the subject premises, which is identified on the Suffolk County
Tax Maps as District 1000, Section 87, Block 6, Lot 10.
3. The subject premises is improved with a single-family, two-story frame
dwelling set back 24 feet from the front property line along the private road
and 48 feet from the timber bulkhead (along Peconic Bay).
DATED: October 7, 1987.
Form ZB4 (rev. 12/81)
4. Article XI, Section 100-119.2, subsection (B) of the Zoning Code requires
all buildings and structures to be set back not less than seventy-five (75)
feet from a tidal water body, tidal wetland edge, or freshwater wetland,
whichever is the closer distance.
(CONTINUED ON PAGE TWO) ~~~~'~/~/~;.~
CHAIRI~N, SOU~LD' ~O~ONING BOARD
OF APPEALS
Page 2 - Appl~ No. 3602
Matter of MARGARET McNAMARA
Decision Rendered October 8, 1987
5. The percentage of relief requested in relation to the existing
established setback from the bulkhead is 12 feet, or 25%.
6. The total percentage of lot coverage is less than 20%, and
more specifically 18% (see letter of amendment received July 24, 1987).
7. For the record, it is noted:
(a) that the subject right-of-way has been the subject of a prior
application, under No. 1223 granted on January 2, 1969, (G. Campbell), with the
condition(s) that certain improvements be placed (for the entire right-of-way
extending back to Main Bayview Road);
(b) that premises to the north, now or formerly of Wagner
[1000-87-06-04] and of Harford [1000-87-06-2] have received conditional
variances as noted therein for similar relief;
(c) that by Permit No. 10-87-0828, a conditional approval was
rendered by the N.Y.S. Department of Environmental Conservation for this
project; and
(d) that a conditional waiver was rendered by the Southold
Town Trustees for this project on February 26, 1987.
8. In passing upon this application, the Board has considered all
technical evaluations, all relevant factors, all standards necessary for
area variances of this nature, and finds and determines that:
(a) the relief requested is not substantial, being a variance
of 25% from the existing setback;
(b) the project as proposed will not be adverse to the safety,
health, welfare, comfort, convenience or order of the town;
(c) the circumstances are not personal in nature and are
directly related to the property size, etc.;
(d) there is no other method feasible for appellants to pursue
other than a variance;
(e) there will not be an increase in density created by the
grant of this variance;
(f) the project as proposed is not out of character with the
neighborhood;
(g) that in view of all the above factors, the interests of
justice will be served by granting the following relief as an alternative
to the requested relief.
Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis,
it was
RESOLVED, to GRANT permission to construct open, wooden .deck
construction in the Matter of the AppliCation of MARGARET McNAMARA
under Appl. No. 3602, with the following restrictions and limitations:
(1) that the setback from the front property line be not less
than 16 feet [exclusive of stoop area, which may be added if excluded
as building area defined by Section 100-13, page 10009 of the Zoning
Code, paragraph (2)[bi thereof].
(2) that the total lot coverage not exceed 20%, as pro~ged~
(3) that the setback from the existing timber bulkhead not be
less than 30 feet [exclusive of stoop area, which maylbe added if
excluded as building area defined by Section 100-13 page 10009 of
the Zoning Code, paragraph (2)[bi thereof];
(4) that the deck construction remain open and unenclosed, as
proposed herein.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen
and Douglass. (Member Sawicki was absent.) This resolution was
duly adopted.
lk , , , . ,
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 TOWN BOARD OF APPEALS
at a Regular Meeting at the Southold Town Hall, Main Road,
Southold, New York, on THURSDAY, 'AUGUST 20, 1987 at the
following times:
7:35 p.m.
to the Zoning
permission to
dwelling with
bul-khead and
Peconic Bay.
Road #15),-
1000-87-06-10.
Ap~pl. No. 3602 MA_RGARET Mc~NAMA..~. Variance
Ordinance, 'Article--XI', Section-lOO~ll9.2(B) for
construct wooden deck attached to e.~isting
an insufficient setback from existing timber
Location of Property: 640 Takaposha
Road (Private Map Parcel
7:40 p~m. Appl. Ne. 3646 ROBERT AND NANCY MUIR.
Variances to the Zoning Ordinance, Articqe III, Section 10.0-31,
Bulk Schedule, for permission to construct additions to
dwelling with an insufficient rearyard setback and insuffi-
cie.nt frontyard setback. Location of Property: Corner of
Gillette Drive and Cleaves-Point Road, East Marion, NY; County
Wax Map Parcel No, 1-000-38-2-29.
Southold, NY-; County=Tax
7:45 p.m. Appl. No. 3643 - EUGENE PERINO. Variance to
the Zoning Ordinance, Article X}, Section lO0~ll9.2 for
permission to locate proposed dwelling with o.r-without deck
addition withi.n 75 feet of nearest wetlands along the shore-
line of Mario~.Lake-~ Location of Property: West Side of
private right-of-way known as "Truman's Path," East Marion,
-NY; County Tax-Map Parcel
7:50 p.m. Appl. No. 3644 -
and DAVID FREY. Recessed hearing
reconvened.
No. 1000-31-12-16.
JOSEPH REINHART, FRED WIGHTMAN,
From.July 16, 1987 to be
8:00 p.m. Appl. No. 3647 - JOHN AND JOAN WETZEL.
Variance to the Zoning Ordinance, Articl'e III, Section lO0-31
and Article XI, Section lO0-119.2, to construct additions to dwelling with reduc-
tions in the sideyar~,---and to construct addition landward
of existing dwelling.structure 70± feet from the nearest
wetland edge or highwater mark along Eugene Creek. Location
of Property: 4635 Pequash Avenue (Fleetwood Road), Cutchogue,
NY; Fleetwood Cove Lot No. 12; County Tax Map Parcel No.
1000-137-04-006.
Page 2 Notice of Hearings
Regular Meeting August 20, 1987
Southold Town Board of Appeals
8:05 p.m. Appl. No. 3648 - FERUCIO FRANKOLA. Variance
to the Zoning Ordinance, Article X't, Section 100~119.2 for
permission to construct swimmtngpool, deck and fence enclosure
within 75 feet of wetland area a~ong West Creek. Location of
Property: 1900 Glenn Road, Southold, NY; West Creek Estates
Lot No. 19; County Tax MaD Parcel~.-No. ]000~7B~02-36~.
8:10 p.m. Appl. No. 3655 ELLEN HOPE DeMARIA. Variance
from Condition No. 1- rendered July 8~ 1965 under Appeal No. 785,
and Article III, Section lO0-3~,-~or-approval of the construc-
tion of accessory storage shed in fro~t-yard ~area as shown on
survey prepared by Roderick VanTuyl, P."C. April 9, 1984.
Location of Property: West Side of Private Road (We~t View .
Drive), Orient, NY; County Tax Map Parcel ~o. t000-13-3-3.
8:15 p.m. Appl. No. 2656 NICHOLAS IPPOLITO. Variances
to the Zoni-ng Ordinance, Article' III, Section~-lO0-31, and
Article XI, Section 100-119.2, for permission-to construct
garage addition to dwel. ling wit~ an insufficient southerly
-sideyard setback, insufficient total sideyards, insuffici-ent
setback from bulkhead ~long Arshamomaque Pond, and excessive
lo~ coverage. ~Location ~f Property: 230 Carole Road, Southold,
NY; County-Tax Map Parc~ No. 1000~052~02-007.
8:30 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES.
Variance p~r.suant t-o New York Town Law, Section 280-a, for
approval of access over p-rivate rig~ht-of-way extendin-g 170
feet from the north sloe-of Main Road-, Orient, ~y; County
Tax Map Parcels No. 1000-18-4-1.3 and 2.
8:40 p.m. Appl. No. 3592 BENTE SNELLENBURG. Hearing
recessed from July q6, 1987.
8:50 p.m. Appl. No. 3654 - WILLIAM MOORE, ESQ. and
BENJAMIN H~ERZ~E~G,_'E-SQ. Variance to the Zoning Ordinance,
Article XI, Section 100-119.2 for permission ~o establish
"building envelope~' with setbacks of not less than 38 feet
from nearest wetqand along existing two-foot con,our and
not less than 30 feet from the front property line (as
approved under Appl. No. 3412 June 30, 1987). Lo=ation
of Property: 675 Meadow Lane, Mattituck, NY; Mattituck
Estates Lo~ No. 42; County Tax Map Parcel No. 1000~115-5-7~
The Board of Appeals will hear at said time and place
all persons or representatives desiring to be heard in each
of the above matters. Each nearing will not start before
Page 3 Notice of Hearings
Regular Meeting - August 20, 1987
Southold Town ~Board of Appeals
the time allotted. Written comments may
to the conclusion of the subject hearing.
please call 765-1809.
be submitted prior
For more information,
Dated: July 27, 1987. BY ORDER OF THE SOUTHOLD TOWN
B.~ARD OF APPEALS
GERARD P. GOEHRINGER,
Linda Kowa]sk~, BQard
CHAIRMAN
Secretary
Notice to Newspapers:=- Please publish once, to wit':
and forward two~affida~.ts of.~ub!ication to:
Boar~ of Appeals~_~ain Road, Southold, NY 11971.
A__uNust 6th
TOWN OFSOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
.. ..........
· ,~. d?~. F..~....A~....~. ,.. J.l.~ ¢~ ........
PLEASE TAKE NOT1CE that your application dated .. ~.~ ~.. ~ ........ ,19. ~.~.
County Tax Map No. 1000 Section . .-.. ~%.~ ..... Block ..... ~. M ..... Lot ...t ¢.'. .......
Subdivision .................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds ~ '~,~ .~ ..~.~ J .o"~..-'. ,~ .* / ..
.~.~,. ~~ . ~. /.~ r!!% ~. ~~.~.~ ~
Buhd[ng Inspector
RV 1/80
08 TOWN OF SOUTHOLD, NEW YORK
Town C~r~ FROM DECISION Of BUILDING INSPECTOR
DATE .............................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) ....?.!?.~.~...~.~.e..~,,~_~q.~.~.,~..~.~..~. ..................... of ..].9....~.i.],.l~.g;fM~,~.~ ......................................
Name of Appellant Street and Number
..~PP.~U.g.~ .............................................................................. b~.¥. ............ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR ~ERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
of
Street and Number Municipality
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) Permit to Construct
Margaret McNe~ara
Name of Applicant for permit
.......... .............. ..........................
State
1. LOCATION OF THE PROPERTY ...,6..4.Q...~k~l~.o~.~..~Q~d...£~.~.,.%.lS.)...Ji~.ai.~ti~l ....
Street Use District on Zoning Map
.................. cur nt 0..e
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.)
_ 2lr~ MT; lf10-119_2B and Article III Section 100-31
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to ack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREV OUS APPEAL A prewous appeal :~-t~) (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 spe:ial 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
)
~s requested for the reason that the applicant desires to erect a wooden deck
around the existing two story frame house located on the subject
parcel within 75 feet o_f Little Peconic Bay add the bnildin=o of said
deck would result in lot coverage in excess of twenty (20%) percent.
~'orm ZBI
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the applicant could not build a deck onto the subject
without being within 75 feet of Little Peconzc Bay. The existing two
story frame house is built within 60 feet of the water. The existing
house was required to be built on piling resulting mn an unsightl}r mn~ unattractive
appearance. The deck would alleviate this problem by removing the pilings from view.
2. The hardship created is UNIQUE and is not shored ~)y ali properties alike in the immediate
vicinity of this property and in this use district because the existing house was build
prior no the enactment of Article XI. Section 119o2 of the Zoning
Ordinance of the Town of Southold. The lot is 110' x 130' and, therefore,
lot coverage in excess of twenty (20%) percent will not result in large structures
on the premises.
3. The Vanance would ooserve the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because many other structures within the immediate
nezghborhood are located within 75 feet of Little Peconzc Bay and the
addition of a deck will have no adverse impact.
COUNTY OF ) ....... '~ ....... 5i¢~;~'; ................................
/:
Sworn to this ....................... /., ... ........... day of .......................................................
Notary Public