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Southold Town Board of Appeals
HAIN RI3AD- STATE RI3AD 25 $13UTHI3LD, L.I,, N.Y. 119'71
TELEPHONE {516J 765-1809
ACTTO~ OF T~E V, ONTNG BOAteD O~ A~'~..Z~LS
Appeal No. 3547
Application Dated August ]5, ]986
TO: Mr. and Mrs. Joseph G. Riemer [Appellant(s)]
Bay Shore Road, Box 40
Greenport, NY 11944
At a Meeting of the Zoning Board of Appeals held on November 20, ]986,
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 ]00-31, Bulk Schedule
[ ] Request for
Application of JOSEPH AND CATHERINE RIEMER for a Variance to the
Zoning Ordinance, Article III,_Section_lOQr31. for approval of ins.lffi-
cient lot area, width and depth of two parcels ~known and referred to
as Lots #96, 97, 98 and half of 99 at Peconic Bay Estates, Map #1124,
and identified on the Count~ Tax Maps as District 1000, Section 53,
Block 4, Lot 32.
wH~REA~,'~ ~ubiic'he~ri6~ ~s 6eld a~d'~o~16~e~ on~O~o6er 2,
1986 in the Matter of the Appli~cation of JOSEPH AND CATHERINE RIEMER
under Appeal No. 3547; 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 foll6wing findings of fact:
1. The premises in question ~s located along the south side
of Bay Shore Road in the Hamlet of Greenport, Town of Southold,
and i~ identified on the Suffolk County Tax Maps as District 1000,
Section 53, Block 4, Lot 32,_containing a total lot area of
21,975 sq. ft. and 175 ft. frontage along Bay Shore Road.
2. The subject premises consists of Lots 96, 97, 98 and
half of 99 as shown on "Amended Map A, Peconic Bay Estates" filed
in.the Suffolk County Clerk's Offi¢.e as Map No. 1124, and is
located in the "A" Residential asd Agricultural ZoniDg Distric~
3. By this application, appellants request a Variance from
the Provisions of Article III, Section 100-31 of the Zoning Code
(CONTINUED ON PAGE TWO)
DATED: November 20, ]986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appeal No. 3547
Matter of JOSEPH AND CATHERINE RIEMER
Decision Rendered November 20, 1986
in this proposed set-off division of land as follows: (a)
proposed Parcel (I) to be set off containing 10,625 sq. ft. in
area and 85 ft. lot width, (b) proposed Parcel II containing
11,250 sq. ft. iQ area and 90 ft. lot width. The depth has
been established at 125 feet. The dwelling parcel (II) is
improved with an existing single-family, two-sTory framed
house and 20 x 20 ft. accessory garage located tn the rear-
yard area, all as shown by survey mapped March 20, 1986 by
Roderick VanTuyl, P.C.
4. It is noted for the record that the Suffolk County
Department of Health, after hearing and by letter dated
August 7, 1986, granted the applicant's 'reQuest for a
waiver, allowing this project as proposed herein.
5. The subject property will be served by municipal
water, upon which this variance is conditioned.
6. After investigation and research, it is noted that
a majority of the parcels in the immediate vicinity consists
of lots substantially smaller than the subject premises.
In considering this a~peal, the board al'so finds and
determines: (a) that the variance requested is substantial
in relation to the zoning requirements; (b) that the
resulting increase in population density (one additional
dwelling) will not produce an undue burden on available
governmental facilities, since municipal water service to
the proposed facility will be connected; (c) that the
grant of this variance will not produce a substantial change
in the character of the neighborhood or create a substantial
detriment to adjoining properties since a majority of the
parcels are comparable or smaller than that proposed by
this application; (d) that the difficulty cannot be.
obviated by a method feasible for appellants to pursue
other than a variance; (e) that in v~w of the manner
in which the difficulty arose, justice will be served by
the grant of a variance.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it~ was
RESOLVED, to GRANT the variances requested under
Appeal No. 3547 in the Matter of JOSEPH G. AND CATHERINE
RIEMER,' SUBJECT TO THE FOLLOWING CONDITIONS:
1. The dimensions of the parcels in this pending
set-off division of land shall be as more particularly
shown on survey mapped March 20, 1986 by Roderick. Va?
Tuyl , P.C.
2. Both parcels must be serviced by ~unicipal water.
3. Any future dwelling on the vacant parcel must
conform with all setback requirements of the Zoning Code
without reduction in front, rear or side yards.
Vo.t.e. of~ ~he.Boar~::.- Ayes,~ Messrs~.~ G~ehr.~ngen~
Grigonis, Douglass, Doyen and Sawicki. This resolution
was duly adopted.
Nouember ..2~, 1986 6~
NOTICE OF HEARINGS
NOTICE IS HER.EB¥ GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
the Southold Town Hall, Main Road~ ~tbo~d~.Ny.at a Regular
Meeting commencing at 7~30 p.m. on THURSDAY~'OCTQBER'2, 1986
and as follows:
7:35 p.m. App6al No. 3559 - LEONARDUS AND MARIE VANOUDEN-
ALLEN. Varianc6 to the Zoning Ordinance, Article-III, Section
100-31 for permission to construct addition to-dwelli-ng with
an insufficient frontyard setback, 'at 230 Sailor's ~La'ne,
Cutchogue, NY; Distn-ict 1000~ Section lll~ Block 1--4, Lot 07.
7:40 p.m. Appeal No. 2555 SHIRLEY HOMAN. Variance to
the Zoning Ordinance~, Article III, Seetioo-lO0~31 for permission
to construct addition to dwelling with an insuff-icient rearyard
setback, at 160 Smith Drive, Peconic, NY~ District 1000,
Section 98, Block 3, Lot 38.
7:45 p~m~ Appeal No. 3554 - NORMAN?AND KAREN RET.CH.
Variance to the Zoning Ordinance, Article III, Section 100-31
for permission to construct dwelling with an insufficient rear-
yard setback, at 1809 Right-of-Way off the East Side of Rocky
Point Road, East Marion, NYi District 1000, Section 31, B~lock 3,
Part of Lot 10; Kimon and Retzos Minor Subdivision #81, Lot ~2.
7:50 p.m. Appeal No. 3547 JOSEPH AND CATHERINE RIEMER.
Variance to the Zoning Ordinance, Article III, Section lO0-31,
Bulk Schedule for approval of insuffici-ent lot area, width and
depth of two parcels k~ow~ ~nd referred to as Lots #96, 97, 98
and half of 99 at Peconic Bay Estates, Map #1124, and identified
on the County Tax Maps as District 1000, Section 53, Block 4,
Lot 32.
7:55 p.m. Appeal No. 3503 - GEORGE D. DAMIEN. Variance
requesting confirmation of Building Inspector's actions and
prior Z.B.A. Decision Rendered under Appeal No. 949 of 9/1/66,
recognizing two separate building lots, having insuffiaient
area, width and depth as required by Article III, Section
lO0-31, Bulk Schedulg of the Zoning Code. Location of Property:
Corners of Jackson, Fifth and Main Streets, New Suffolk, NY;
County Tax Map District 1000, Section 17, Block 9, Lot 12.
Page 2 - Notice of Hearings -- -
Regular Meeting October 2, 1986
Southold Town Board of Appeal's --
8:00 p.m. Appeal No. 3484 PHILIP AND ELLEN BELLOMO.
Variance to the Zoning Ordinance, Article XI, Section 100~119.2(C)
for permission to construct addition at rear of dwelling with an
insuffisient setback from wetlands along Great Pond, at 7455
Soundview Avenue, Southold, NY; Coun'ty Tax Map District lO00,
Section 59, Block 6, Lot~ 8.
8:05 p.m. Appeal No. 3552 JOHN SENKO. Variance~to the
Zoning Ordinance, Articqe VII, Secti.on 100-70, and Article VI,
Section 100-62[B), for permission to establish shopping center
use in this "B-l" General Business Zoning District with
insufficient lot area at 49295 Main Road (a/k/a Ackerly P~nd
Lane.), Southold, NY; County Tax Map District 1000, Section 70,
Block 07, Lot 01, containing 30,084.± sq. ft.
8:10 p.m. Appeal No. 3553 EUGENE BOZZO. Variances
to the Zoning Ordinance, Art~les: ~1) XI, Section 100-119.2
for permission to construct dwelling with an insufficient setback
from wetlands/tidal water along Great Peconic Bay; (2) ~II,
Section 100-32 to relocate accessory garage building in t~e
frontyard area; (3) III, Section 100-31, Bulk Schedule, to
construct with lot coverage of all s~ructures in excess of
maximum-permitted 20 percent. Location of Property: Sou~h
Side of Camp Mineola Road~ Mattituck; County Tax Map District
1000, Section 123, Block 6, Lot 27.
8;15 p.m. Appeal No. 3557 ROBERT EGAN. Variances
to the Zoning Ordinance, Articles: (1) III, Section 100-131
to reconstruct dwelling with insufficient total sideyards,
insufficient (northwesterly) side yard, and insufficient
front-yard; (2) XI, Section lO0-119.2(B) for permission
to construct addition and reconstruct dwelling within 75
feet of tidal wetlands along Spring Pond,-Orient Harbor.
Location of Property: 330 Knoll Circle, East Marion, NY~
'~MaD of Section Two~ Gardiners Bay Estates," Subdivision
Lots 27 and part of 28; County Tax Map District 1000,
Section 37, Block 5, Lot ]2. --
Page 3 - Notice of Hearings
Regular Meeting October 2, 1986
Southold Town Board of Appeals
8:25 p.m. Appl. No. 3487-SE CHURCH OF THE OPEN DOOR.
Special Exception to the Zoning Ordinance, Article III, Section
100-30(B)[2] for permission to construct and establish House of
Worship with related religious activities on a five-acre tract
of land referred to as Lot #3, Minor Subdivision of Salvatore
Catapano., which received Sketch-Plan Approval 4/14/86 by the
Town~ Planning Board. Location of Property:-West Side-of Main
Bayview Road, Southold, NY; County Tax Map District 1000,
Section 69, Block 6, Part'of Lots 8 and 2. (Current-Owners:
S. and J. Catapano).
8:45 p.m. Appeal No. 3560 EDMUND AND JOAN PRESSLER.
~ppeal from Building Inspector Notice ~f Disapproval dated 1/2/86
and ZBA Action #3463 dated 5/6/86, and Variance to the Zoning
Ordinance, Article VII, Section 100-71, Bulk Schedule and
Article VII, Section lO0-70(A)[1](d) for permission-to estab-
lish a second retail/business use in conjunction with existing
nonconforming two-family dwelling and antiQue-sales business
use on this parcel of 68,912 sq. ft. in area and 95.44 ft.
lot width. Location of Property: "B-l" General Business
Zoning District, North Side of Main Road, Southold, NY; County
Tax Map Parcel No. 1000-63-3-26.
The Board of Appeals will hear at said time and place al
persons or representatives desiring to be heard in each of the
above hearings. Written commen~ may also be submitted prior to
the conclusion of the subject hearing. For more information,
please call ~65-1809.
Dated: September ll~ 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
ATTENTION NEWSPAPERS: Ple~s~ publish THURSDAY, SEPTEMBER 25, 1986
and forward ll affidavits of publication On or before Sept. 30th
to: Board of Appeals, Main Road, Southold, NY 11971.
FORM NO, 3 -~
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date..~/.~...r¢.C...H.....~...~. ...... 19 .~..A.
...~.~.~.~.. g.~...~. ..................
...C~ rz ~-~.~?~.. ~..TT?..~.~: .~.,...
PLEASE TAKE NOTICE that your application dated .... .~...~. ~[~.~.l.-[ . . . .~...~..., 19 .~..~
for permit to ~-,t..~-F.l,~.~',..t~...F~.9...~,~.r'r~.....~..~,~.~..
Location o f Property .I..~.-'?..O.....~..f.--~..~
House No. Street Hamlet
County Tax Map No. 1000 Section .. ~ ,~,, .~. .... Block ...-.,O...~. ..... Lot .~ .~., .~. ......
Subdivision~.~.C. ~..&,.~.. ~.~.~, Filed Map No...{.
is returned herewith and disapproved on the following grounds ..............................
.~q.t~p... ~...&. ~....9..~ ..... ~.t.
RV 1/80
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL
DATE
' TO THE }oO ?o9 BOARp. OF ^P EA_LS, TOWN OF SOUTHOLD, N 9
-. p~ ~. R~emer~ dr; '
X, (We) .G.~..l~..e...~.~.. E.,..~.~..e.~..~9.E ..................... of ..... BO~..5~O...Bfl-.~..~h0~2~...E.q~¢t..~ ..................
Name of Appella,n$ .Street and Nhmber
· ~ Green~ort N. Y, ..1.1944 :HEREBY APPEAL TO
Municipality . State
THE ZONING BOARD OF APPEALS FROM THE DECISION. OF. THE BUILDING. INspECTOR ON
APPLICATION
FOJ~
NO
~R,,,h .................................... ..... ~_~.2.~,...~.g8~ .......... ::...
WF~EREB~( THE BU LD NG NSPECTOR DEN ED TO
- Jose~ G~ Rie~er, Jr.
.............................
Name of Applicant for permit
of Box 640 Bayshore ~d. Green~ort ~ew york 119~4
Street and Number Municipality State
( ) PERMIT TO USE
(~) PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PR~PERTY~..~.~.~...]~.~r.~..~Q~..~"~..~.~.~"q~.~.~.~.~r."~.~9~ .....
Street Use District on Zoning Mop
ll.~.,Lo.ts...No.,...96.,...g.v.,...gS.,...~..~./O...99...Current 0~ner A ]~1 t
Map No. Lot No.
Cm~nty D~.~t. 1000, Sect.53, Block 4, lot 32
2. PROVISION (SI 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 III, Sect. 100-31, Bulk Schedule
3. TYPE OF APPEAL Appeal is made herewith for
(X) 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
4. PREVIOUS APPEAL A previous 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 a variance
and was made in Appea No ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
~s requested for the reason that
Please see reverse side
~'o~ z~ (Continue on other side)
REASON FOR APPEAL Continued
1 STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces-
sary HARDSHIP because the applicants have thought that the right to divide
our property of 178~ road frontage X l~5'deeM ( totaling ~l, 8?5 sq. ft.)
existed because the Amended ~a~ A of subdivision Peoonic Bay Estates,
completed May 12, 1933 shows the area in which we live as being comp-
rised of 80' wide lots.
Subsequent sales of these lots were increments of 50 feet, so
that our property consists of lots 98, 9?, 98, & P/O 9~. Indeed the
adjacent road frontage pieces on Bayshore Road, both h~ve 78 foot
widths so that the set-off asked for in this variance application
would result in two lots larger than those on either side of the
applicants, namely one lot of 8~'xl~'~ [~otaling 10,8~8 sq. ft.)
on vacant land and one lot of 90'x1~8' (tote ling ll,~50 sq. ft.)
on which the applicant,s home is built.
To deny the applicants the right to creave two lots larger than
those of our adjacent Bayshore Road neishbors would constitute a
hardship.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE.~.THE
CHARACTER OF THE ID STRICT because
COUNTY ~
Sworn ro this ............... { .............. ~ .............. doy o~ 1
N~W
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