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MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3642
Application Dated June ]5, ]987
TO:
Mr. Garrett A. Strang, R.A.
as Agent for DINA MASSO
Main Road, Box 1412
Southold, NY 11971
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on August 20, ]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 XI , Section ]00-]]9.2
[ ] Request for
Application for DINA MASSO for a Variance to the Zoning Ordinance,
Article XI, Section 100-119.2 to construct accessory boathouse structure
with deck at the foot of the bluff, and deck and new stairs along and at
top of bluff areas, all landward of existing wood bulkhead along Peconic
Bay, premises known as 5705 Nassau Point Road, Cutchogue, NY; Lot 39,
Amended Map A of Nassau Point Filed August 16, 1922; County Tax Map
District 1000, Section 111, Block 13, Lot 04.
WHEREAS, a public hearing was held and concluded on July 16, 1987
in the Matter of the Application of DINA MASSO under Appl. No. 3642; 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 tes'timony
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
Article XI, Section 100-119.2 of the Zoning Code for permission to
construct accessory boat-storage structure at the foot of the
bluff, landward of existing bulkhead, and to construct new stairway
with landings in the adjacent area of the existing stairs, which
will be removed, all as shown on plan drawn May 5, 1987, prepared
by Garrett A. Strang, Architect.
2. The premises in question is known and referred to as
Lot No. 39, "Amended Map A of Nassau Point," filed August 16, 1922,
File No. 156. The subject premises consists of an area of 34,508
sq, ft. with frontage along the east side of Nassau Point Road of
100.48 feet, and is improved with an existing one-story, single-
family dwelling set back 39± feet from the top of bluff, l0 feet
from the southerly side property line, 16± feet from the northerly
side property line, and 154.5 feet from the front property line.
(CONTINUED ON PAGE TWO)
DATED: August 20, 1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appl. No. 3642
Matter of DINA MASSO
Decision Rendered August 20,
1987
3. The accessory boat-storage structure is proposed
to be 12' by 24' wi~hl2 ft. open deck (for an overall length
of 36 feet), to be placed along the edge of the bulkhead, on
concrete tubings and C.C.A. treated posts into the ground
three feet. The platform construction proposed at the top
of the bluff is to be not larger than 10' by 15' The
stairs construction is proposed to extend from the top of the
bluff (platform) down the bluff, with four landings, replacing
the existing stairs immediately adjacent (to the north).
4. Article XI, Section 100-119.2 requires all buildings
and structures to be set back not less than seventy-five (75)
feet from a tidal water body, tidal wetland edge, o? fresh-
water wetland.
5. Article III, Section lO0-31 permits the establishment
of an accessory use for storage purposes, and this application
indicates such accessory use will be incidental and accessory
to the residential use of the premises and not operated for
gainful purposes, or habitable purposes, and will be used
exclusively for storage of the owner's boat and similar
articles.
6. In considering this appeal, the Board finds and
determines:
(a) the relief requested is substantial in relation
to the requirements; however, the type of construction of
the proposed structures and uniqueness of the property's
elevations above mean sea level lend to the granting of the
relief as noted below;
(b) the
warrant a granting
as noted below;
difficulties claimed are sufficient to
of the variance applied~ with restrictions
(c) the difficulties claimed are sufficient to
warrant a granting of a variance;
(d) there is no other method feasible for appel-
lant to pursue for the purposes stated in this applicat!on~
(e) in view of the manner in which the difficulties
arose and in considering all the above factors, the interests
of justice will be served by granting the variance, as con-
ditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Messrs. Douglass and Sawicki~ it was
RESOLVED, to GRANT a Variance under the Provisions of
Article XI, Section 100-119.2 in the Matter of~the Application
for DINA MASSO under Appl~ No. 3642~ for a new accessory
boat-storage structure.,_stairs and upper platform more parti-
cularly depicted on Site Plan prepared by Garrett A. Strang,
R.A. drawn May 5, 1987, add SUBJECT TO THE FOLLOWING CONDITIONS:
1. Foundation of boat-storage structure to be of spile
Page 3 Appl. No. 3642
Matter of DINA MASSO
Decision Rendered August
20, 1987
construction and self-supporting (not to be connected with
existing bulkhead or existing spiles), to be a minimum of
three feet back from the existing bulkhead, and to be con-
structed in a fashion as not to cause erosion, raising if
necessary;
2. Wood deck
construction in the
any manner;
to be self-sustaining, also with spile
ground and not anchored to bulkhead in
3. Stairs construction to be safe at all times and
constructed in a manner as to aid in the prevention of
erosion;
4. Plantings under and around new construction as
recommended by the Suffolk County Soil and Water Conservation
District;
5. Boat-storage structure shall be free of plumbing
facilities. No cabana or similar uses, no sleeping or
habitable facilities;
6. All lighting at ground level and shielded to the
property.
7. Existing posts (of construction to be removed)
shall be cut at ground level, and w~thout excavation.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Douglass and Sawicki. This resolution was duly
adopted.
lk
~ P. GOEHRINGER~ ~AIRMAN
September ], 1987
RECEIVED AND FILED BT
TIIE SOUTHOLD TOWN CLL:~,~
Hotm
To~ Clerk, Town of ~ut~ld
NOTICE OF HEARINGS
NOTICE CS 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, JULY 16, 1987 at the following times:
7:35 p.m. Appl. No. 358t GEORGE D. DAMIEN. Variances to
the Zoning-Ordinances Article tIIs Section 100-31, and Bulk
Schedule, for approval of insufficient areas width and depth
of two parcels in this pending set-off oivision of land located
at the Corners of Jackson, Fifth and Main Streets, New Suffolk,
NY; County Tax Map District 1000, Section 17, Block 9, Lot 12,
containing a total area of 28,919± sq- ft.
7:40 p.m. Appl. No. 3639 WILHELM FRANKEN. Variance to
the Zoning Ordinances Article III, Section 100-32, and Article X~,
Section lO0-119.2.,~for permission to locate 25' by 25' accessory
building in sideyard area and with insufficient setback from
existing bulkhead along Gull Pond Inlet. Location of Property:
West Side of Osprey Nest Road, Greenport, NY; Cleaves Point
Subdivision Section Is Map 2752, Subdivision Lots 14 and 15~
County Tax Map District t000, Section 35, Block 6, Lots 22, 23
and 24 (now 24.1).
7:45 p.m. Appl. No. 3635 ARTHUR V. JUNGE. Variance
the Zoning Ordinance, Article III, Section lO0-30(A) for
permission to establish electrical shop use in this "A-40"
Residential and Agricultural Zoning District. _ocation of
Property: Nort~ Side of C.R. 48, Cutchogue, NY~ County Tax
Map District 1000, Section 96, Block l, Lot 19, containing
45s589± sq. ft. in lot area.
tO
7:50 p.m. Appl. No. 3631 PUDGE CORP. Variance to the
Zoning Ordinances Article III, Section lO0-30(A) for permission
to establish and cons~ruc~ 7500 sq. ft. building for industrial
use in this "A'~ Residential and Agricultural Zoning District.
Location of Property: North Side of C.R. 48, Cutchogue, NY;
County Tax Map District 1000, Section 96, Block 1, Lot 20,
containing 39,524± sq. ft. in lot area.
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting - July 16, 1987
7:55 p.m. Appl. No. 3638 - JAMES AND MARY TYLER (continued
from June 18, 1987). Special Exception modifying Appl. No. 3400
to permit vehicle doors to face street side as constructed.
Location of Property: 6795 Main Road, Laurel, NY; Mattituck
Holding Co. M~nor Subdivision Lot ~3; County Tax Map District
1000, Section 125, Block 1, Lot 19.6.
8:90 p.m. Appl. No. 3642 DINA MASSO. Variance to the
Zoning Ordinance, Article XI, Section 100-119.2 to construct )
accessory boathouse structure with deck at the foot of the
bluff, and deck and new stairs along and at top of bluff areas,
all landward of existing wood bulkhead along Peconic Bay,
premises known as 5705 Nassau Point Road, Cutchogue, NY; Lat 39, \
Amended Map A of Nassau P¢int Filed August 16, 1922; County
Tax Map District lO00, Section lll~ Block 13, Lot 04.
8:05 p.m. Appl. No. 3644 - FREDERICK WIGHTMAN/DAV~D FREY/
JOSEPH REINHART. Variance to the Zoning Ordinance, Article III,
Section lO0-30(A), Article XI~ Section lO0-118(E) for establishment
of business uses, and/or interpretation, to permit the following
activities: retail sales and storage, business office, professional
office~ governmental office, contractor office, personal-service
store or shop, as described for the "B-Light Business" Zoning
District, Section 100-60(A)[2],[4],[8] inclusively, in conjunction
with existing single-family dwelling unit on second-floor having
a livable floor area of 900 sq. ft. Zone District: "A-40."
Location of Property: North Side of Main Road, Peconic, NY;
County Tax Map District lO00, Section 75, Block 1, Lot 16, con-
taining 1.0194 acres.
8:20 p.m. Appl. No. 3645 PAUL AND CHARLOTTE GALGAN.
Variance to the Zoning Ordinance, Article XI, Section 100-119.2
for permission to construct additions to dwelling landward of
existing construction and within 75 feet of existing bulkhead
along Eugene's Creek, 4605 Stillwater Avenue, Cutchogue, NY;
County Tax Map District lO00, Section 137, Block 03, Lot 05.
8:35 p.m. Ap~l. No. 3496 - FREDERICK KOEHLER, JR.
Variance to the Zoning Ordinance, Article XI, Section 100-119.2
for permission to construct 38' by 16' beach pavillon and
attached deck areas extending a length of 124± feet and width
of 28 feet (exclusive of stairs)~ accessory and incidental to
Page 3 Notice of Hearings
Southold Town Board of Appeals
Regular Meeting July 16, 1987
the established single-family residential use of the premises, not
to be operated for sleeping or habitable purposes and not operated
for gain, within 75 feet of ordinary highwater mark and/or landward
edge of tidal wetland, along Peconic Bay, 575 Old Harbor Road,
New Suffolk, NY; County Tax Map District 1000, Section 117, Block
03, Lot 06.
8:40 p.m. Appl. No. 3592 BENTE SNELLENBURG (Continued
from April 20, 1987 as requested). Variances To the Zoning
Ordinance, Articles: (1). XI, Section lO0-119.1(B) for approval
of eight-foot height of fencing along the easterly property line
a length of 72± feet; (2) XII, Section 100-141, Appealing ~he
November 6, 1986 Order to Remedy Violation which mandates a
building permit for new fencing along the easterly property
l~ne. Location of Property: Private right-of-way extending
off the east s~de of South Harbor Road (known as Private Road
No. 10, or Old Woods Path), Southold, NY; County Tax Map
District 1000, Section 87, Block 2, Lot 21.
The Board of Appeals will hear at said time and place
persons or representatives'desiring to be heard in each of
above matters. Each hearing will not start before the time
allotted. Written comments may be submitted prior to the
conclusion of the subject hearing. For more information,
please call 765-1809.
Dated: June 30, 1987.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
all
the
Notice to Newspapers: Please publish once, to wit: JULY 9TH, 1987
and forward two affidavits of publication to: Board of Appeals,
Main Road, Southold, NY 11971,(on or before July 14th).
Thank you. 765-1809.
TOWN OF SOUTH, O;LD
BUILDING DEP~I/.T~'IEN T
TOWN C LERK'S<OFFtCE
SOUTHOLD, N.Y..
NOTICE OF DISAPPROVAL
File No ................................
To.~ .°O~ .~. · ~1 .~. ~'~2~ .......... ~.'{'. , .~, '-~:. ~
.%~:<.~{ ~.~ ......................
. .~ ~~..~.-.~.,..~?.~ ~! ....... ~ ,
PLEASE 'rAKE NOTICE timt your application dated , ~.~...~ ...... !9 ~ ~.
County Tax MapNo. 1000 Section ..'..il{ ...... Block ...~t~ ...... Lot ...~ .......
SubdMsion ~. ~ ~. Filed. Map No. /,~ ......... Lot So. 33.
is returned herewhl~ and disapproved on the ~bltowing grmmds . ~ ~.. .~ 7 ~/.~' ~-
Building Inspector
RV 1t80
TOWN OF $OUTHOLD, NEW YORK
A~j~Ii~A~CISION OF BUILDING INSPECTOR
APPEAL NO. ~d~--~
DATE ,,..~..~. ~ ~ .., ,~..0._..1.,9...8..7
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
J~or Masse
1, (~ ..G.a.~..e..tr..t....~...*.....S.t.?..a.~..~/. ...................... of .....~..6..5...5..;~$..~.....~..o...a..d. ...................................
Name of Appellant Street and Number
Southold N. Y.
.................................................................................................................... HEREBY APPEAL TO
Municipality Stot~
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 4/30/87 FOR: Permit to build boathouse
WHEREBY THE BUILDING INSPECTOR DENI, ED TO
/ )
Name of Applicant for permit
of ........ ................. .......... ....................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD , New Boathouse
L LOCATION OF THE PROPERTY .~5~.~..5~..a~.s~s9.~u~.~P~'~.~'1.~n~t~`~'~d~`:'~C.~u."t`~'~ .......... .A..T..R..e...s..i..dentlal
Street and Hamlet Zone
156 39 OWNER(S): ....D.i.n..a..M.a.s..sp. ...........
Ivied No Lot No.
DATE PURCHASED: .... .1.9. 7..0 ............
2. PROVISION IS) OF THE ZONING ORDINANCE APPEALED (indicate the Articte Section, Sub-
section aha Paragraph of the Zoning Ordinance Dy number. Do not quote the Ordinance.)
Article XI , Section 100-119.2
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordnance 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
( )
IX)
( )
4. PREVIOUS APPEAL A previous appeal (k~) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property:
Such appeal was ( ) request far a special 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
is requested forthe reason that we Would like to construct a boathouse and
accessory deck at the foot of the bluff, behind an existing
bulkhead.
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP becauSe the existence of the bluff precludes meeting the
75' setback requirement of the zoning ordinance~ The height of
the bluff is in excess of fifty feet ~,aking it impractical
to store boats with ease of access to the water,, other than at
the foot of the bluff.
2 The hardshDcreated is UNiQUEand isnotshared by all properties alike in the immediate
v,c,n,t, of this property and in this use district because the waterfront nature and
the existence of the bluff is unzque compared to surrounding
inland parcels and some nearby waterfront parcels.
3 Tiqe Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE
CHARACTER OF THE DISTRICT because numerous adj.acent properties, both
north and sou~h of this parcel, have existing boathouses
located as close, if non closer, to the water's edge.
THE
STATE OF NEW YORK
COUNTY OF SUFFOLI9
Garrett Aa ~%n~ta~
Sworn tc this ................ .1...0..t..b... ................... day o' ..... ~-~. .................................... 19 87
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