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Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOL. D, L.I., N.Y. 11cj'71
Appeal No.
Application
TO: Mr. Richard 0. Kunst as
Agent for MR. AND MRS. GEORGE BROWN
]745 Harbor Lane
Cutchogue, NY 11935
TELEPHONE (516) 765-1809
ACTION OF THE.ZONIN~"~'~[~~~ ~~---- .--
3536
Dated July ]6, ]986
[Appellant(s)]
At a Meeting of
the above
on your
the Zoning Board of Appeals held on September ll, 1986,
appeal was considered, and the action indicated below was taken
[ ] 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
krticle III , Section ]00-3l
[ ] Request for
Application of GEORGE AND PAT BROWN for a Variance to the Zoning
Ordinance, Article III, Section ]00-3], Bulk Schedule, for permission
to construct deck addition to dwelling with reduction of existing
nonconforming sideyard setback, at 150 Briarwood Lane, Cutchogue,
NY; County Tax Map Parcel No. 1000-136-1-3.
WHEREAS, a public he
1986 in the Matter of the
No. 3536; and
aring was held and concluded on August 14,
Application of GEORGE AND PAT BROWN, Appeal
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 property in question is located at the east side of
Harbor Lane in the Hamlet of Cutchogue and is more particularly
identified on the Suffolk County Tax Maps as District 1000,
Section 136, Block l, Lot 3.
2. The subject premises contains a lot area of 14,609 sq.
ft. and average lot width of 70 feet and is shown on survey
dated June 3, 1986 prepared by Roderick VanTuyl, P.C. to be
improved with one single-family, 1½-story frame dwelling and
attached garage set back 127± feet from Harbor Lane, six feet
more or less from the southerly property line and 13± feet from
a right-of-way along the northerly property line.
3. By this application, appellants request permission to
construct an above-ground deck addition at the southwest corner
of the existing dwelling with a setback of approximately 1½ feet
(.CONTINUED ON PAGE TWO)
DATED: September 17,
Foz~n ZB4 (rev. 12/81)
1986.
CHAIPJ4AN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3526
Matter of GEORGE AND PAT BROWN
Decision Rendered September ll,
1986
from the southerly property line.
4. The present nonconforming setback is 4± feet, and the
amount of footage for further reduction requested is 4½ feet,
for a total of 8½ feet, leaving an insufficient setback at
l½ feet. It is the opinion of the board that a reduction
to l½ feet is not the minimal necessary, and the setback can
be increased without unusual difficulties.
In considering this appeal, the board also finds and deter-
mines that with an increase of the setback as noted below, this
variance: (a) will be the minimum necessary; (b) will not
substantially change the character of the district; (c) is
not substantial; (d) there is no other method feasible for
appellants to pursue other than a variance; (e) relief would
be warranted; (f) that in view of the manner in which the
difficulty arose and in consideration of all of the above
factors, the interests of justice will be served.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, that relief be and hereby is GRANTED for permis-
sion to construct open-deck addition at the southerly side of
existing dwelling with a setback of not less than three feet,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the deck remain open and unroofed at all times;
2. That the northerly yard area not be reduced to less
than the 13 ft. from the right-of-way as exists.
3. That the southerly setback not be less than three feet.
Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis,
Doyen, Douglass and Sawicki. This resolution was duly adopted.
lk
September 17, 1986.
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE ~_/?. ~ HOUR/~,'~/~
Town Clerk, Town of Southold
NOTICE OE HEARINGS
NOTICE IS HEREBY 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, Southold, NY at
a Regular Meeting commencing at 7:30 p.m. on ~HURSDAY,
AUGUST 14, 1986 and as follows:
7:35 p.m. Appeal No. 3536 - GEDRGE AND PAT BROWN. Variance
to the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for permission to construct deck addition to dwelling
with reduction of existing nonconforming sideyard setback, at
150 Briarwood Lane, Cutchogue, NY; County Tax Map Parcel
No. 1000-136-1-3.
7:40 p.m. Appeal No. 3477 WILLIAMYAND KATHERINE HEINS.
Variance to the Zoning Ordinance~ Article III, Section 100-31,
Bulk Schedule, for approval of insufficient area, width and
depth of two parcels in this propos-ed division or set-off of
land located along the north -sid~ of Main Road, Orient, NY,
County Tax Map Parcels No. 1000-19-2-5 and 6.
7:50 p.m. Appeal No. 3520 THOMAS SHALVEY. Variance
the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule,-. for approval of insufficient area, width and depth
of two parc~Zs-~n this proposed division or set-off of land
1-ocated along the south side of Case Road, Cutchogue, NY;
County Tax Map Parcels No. 1000-116-2-t5 and 16.
to
7:55 p.m. Appeal No. 3532 ARTHUR AND BERNADETTE BURNS.
Variance to the Zoning Ordinance, Article III~ ~ection6~lO~-30(C)
and 100-32, for'permission to construct accessory tennis court
in the frontyard area, at 3525 Private Road #13 (right-of-way
extending off the end of Ruth Road), Mattituc-k; County Tax Map
Parcel No. 1000-105-1-4.
8:05 p.m. Appeal No. 3433 GAIL DESSIMOZ and MICHAEL RACZ.
Variance for approval of access, New York Town Law, Section 280-a,
over privat~ right-of-way known as Hallock Lane and referred to
as Private Road #10, extending off the nort~ side of Sound Avenue,
Mattituck, New York,(over and along lands of Charles Simmons and
Edward Harbesl. County Tax Map Parcels No. 1000-112-1-7 & 8, and
to Parcel No. 1000-112-1-4.
Page 2 - Notice of Hearings
August 14, 1986 Re§ular Meeting
Southold Town Board of Appeals
8:10 p.m. Appeal No. 3530 RAYMOND T. GOODWIN. Variances
to the Zoning Ordinance: (1) Article III, Section 100-31, Bulk
Schedule, for permission to construct kitchen addit'ion with an
insufficient westerly sideyard setback and insufficient total
sideyards~ (2) Article XI, Section 100-119.2(B) for permission
to construct kitcqen and deck additions with an insufficient
setback fro~ the highwater mark along Peconic Bay, at 4450 Peconic
Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-4-22.2.
8:15 p.m. Appeal No. 3533 - JOHN AND JEANNE BREDEMEYER.
Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for permission to locate single-family dwelling
structure w. ithin 75 feet of ordinary highwater mark.along Orient
Harbor. location of-Property: West Side of Bay Avenue, Orient,
NY; County Tax Map P-arcel No. 1000-26-1-8.
8:20 p.m. Appeal No. 3539 - MICHAEL HERBERT. Special Excep-
tion to the Zoning Ordinance, Article III, Section 100-30(B)[16]
for permission to establish "Bed and Breakfas: use, "an owner-
occupied building~ other than a hotel, where lodging and breakfast
is provided for not more than slx casual, transient roomers, and
renting of not more than three rooms. Location of Property:
795 Bike Street, Mattituck, NY; County Tax Map Parcel No. 1000-
140-2-23. Zoning District: "A" Residential and Agricultural.
8:25 p.m. Appeal No. 3442 JOHN J. NEWMAN. Variance to
the Zoning Ordinance, Article XI, Section 100-119.2(B) for
permission to construct additions to dwelling within 75 feet
of high water and'existing bulkhead along James Creek, at
430 Sailors Needle Road, Mattituck, ~Y; County Tax Map Parcel
No. 1000-144-5-29.1 and 30.
8:35 p.m. Appeal No. 3535 NORTH FORK FRIENDS OF KENYON
TUTHILL. Variance ~o the Zoning Ordinance, Article III,
Section 100-30 for permission to use premises fora special
fund-raising event ~n conjunction with fireworks display, at
premises of W.F. and T.A. LaMorte, 895 North Bayview Road,
Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.1.
to 20..21, inclusive).
Page ~ Notice of Hearings
August 14, 1986 Regular Meeting
Southold Town Board of Appeals
8:40 p.m. Appeal No. 3478 - BECKY JOHNSTON. Variances
for: (1) Building Inspector to issue building permit allowing
existing structure to be weatherized~ prior to final 280-a
access approval, and (2) approval of access in accordance
with New York Town Law, Section 280-a, over private right-of-way
extending from the northerly end of Brid9e Lane Extension and
Oregon Road, over lands of Bokina,~dent~fied on the Suffolk
County Tax Maps as 1000-73-2-4, to premises of Johnston,
identified on the Suffolk County Tax Maps as 1000-73-2-1.
9:00 p.m. Appeal No. 3513 - STEPHEN SHILOWITZ. Variance
to the Zoning Ordinance, Article XI~ Section 100-119.2[B) for
permission to construct condominium complexes within 75 feet
of bulkhead and tidal water, at the west side of Sixth Street,
Greenport, ~Y; 1000-49-01-25.1. Zone DistricT: "M-Light Mul-
tiple'' Residence.
The Board of Appeals will qear at said time and place all
persons or representatives desiring to be heard tn each of the
above hearings. Written comments may also be submitted prior
to the conclusion of the subject qearing. For more information,
please call 765-1809.
Dated:
July 17, 1986.
BY ORDER OF THE SOUTHOLD
TOW~ BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
ATTENTIO~ NEWSPAPERS: Please publish Thursday, July 31, 1986
and forward two affidavits of publication on or before August 5th
to: Board of Appeals, Main Road, Southold, NY 11971.
Copies to the following 7/28/86:
Personal Delivery: Suffolk Times, Inc.
L.I. Traveler-Watchman, Inc.
By Mail:
Mr. Richard O. Kunst, 1745 Harbor Lane, Cutchogue for GEORGE AND PAT BROWN
Mr. and Mrs. George Brown, 150 Briarwood Lane~ Cutchogue~ NY 11935
Anthony B. Tohill~ Esq. as Attorney
Mr. and Mrs~ William Heins
Mr~ and Mr$~ Arthur B~rns
for
Mr~
Mr~
and Mrs. William Heins, Main Road~ Orient, NY 11957
and Mrs. A~hur Burns, 3525 Private Road ~13, Mattituck, NY 11 952
Mr. J. Douglas Peix, 208 Fifth A~enue~ New York, NY lO010 for RACZ
Gail Dessimoz 6n~ Michael ~acz~ 208 Fifth Avenue, New York, NY 10010
Charles Matthews, Esq., Box 800, Hunting~on, NY t1743
Abigail A. Wickham~ Esq. as Attorney for
Mr. and Mrs. Raymond T. Goodwin
Mr. and Mrs. John Bredemeyer
Mr. and Mrs. John J. Newman
Michael J. Hall, Esq. as Attorney for Becky Johnston
Stephen R. Angel, Esq. as Attorne~ for Stephen Shilowitz
Lawrence Storm, Esq. as Attorney for R. Strong and others
Mr. and Mrs. Robert Strong, Woodmere address
TOWN OF SOUTtlOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date .................... 19 ~
... ,',~ ~ .u~.~, ~./~; .. 1
?LP~,$E TAKE NOTICE that your application dated .... .'7/~ ................ I .
for p~ ~ ~ ' : ....... ~ ....... at
~t~o~ ;~ ~o~ ..j ~ .~~~..~L ~.... ~c..~.~ .....
Courtly Tax Map No, 1000 $~lion . I .~. Block ~. ( .'... ~t o ~ ~
Filed Map No, .,~.~ ....... L~t No ..................
. ..~. ....... .~.~ ..............
· .~~:..~.~ ~. ~ ~.,. ~.~.. ~0 - ' '-
· .. .. t~ .... i..~~
JUL ! 61986
TOWN OF SOUTHOLD, NL~V YORK
Tow~ C[~[k ~JJ~r~JL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE ....7.~./...8. ~ ............
TO THE ZONING BOARD OE APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) . ~ %. ~.s...~.e.~.g..e.:.;.~.~.o....~.......: ....... of ....~.5.g...~.i~.WP. qt~O4~..,1 .........................
Name of A~p~ lanY;.' Street and Number
................ ~.g.~g..h..o.~.q..e. ............................................................. ~.,.l(., ........... HEREBY APPEAL TO
Municipcilih/ State
THE ZONINGBOARD OF APPEALS FROM THE DECISION OF THE BUILDENG INSPECTOR ON
APPLICATION FOR PERMIT NO ..... ..~_5. g..~..~....~ ............... DATED ....~/..~.8/..~.~. .................................
WHEREBY THE BUILDING iNSPECTOR DENIED TO
.......
Name of Applicant for permit
of
....... .z. ............................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( ~ Construction of 9' 6" X 12'0" Preasure Treated Deck.
1. LOCATION OF THE PROPERTY 150 Briarwoo.d., Lane
Street Use District On Zoning Map
~"~.~.~9~.~...~.e.~?..:~.~.]:.3~.~.~.~..~..~...`~..]:.~..~..~'~..~...3. ........... Current Owner George & Pat Brown
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.)
Ar~. III Seo. 100-31 Col. A
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 appea was C ) request for a special permit
(X) request for a variance
ana was made in Appeal No ................................. Dated ......................................................................
( )
( )
REASON FOP, APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that Tke proposed deck to be added to tke ne~ addition
for I~r & Mrs Brox~rn w53kl reduce the set back of lOt to~ approximately
(Continue on other side)
REASON FOR APPEAL Continued
STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties: or unneces-
sary HARDSHIP because ~ & ~s Br~ ~;[,y ~ ~ ~ ~
a~d ~orage. ~e pro~ ~e~¢ ~l ~ si~t~ off of ~e
2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate
' ~¢r ~ict"b e~:ouse
vicinity of this property an~ 'n th s' bse d --
3, The Variance would observe the sprit of the O;rd:naoc¢ qod }¢VOULD ~QT, ~NGE; THE
CHARACTER OF THE DISTR CT because
is at ,p~si~e e~ of
have b~n living
probl~s have ever
Sworn to this .................... .~....~... ................ day of ............. .~. ............................ 19 ~'~
Notary Public