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MAIN RnAD- ~TATE RnAD ~5 ~I3UTHrlLD, L.I., N,Y. 11971
ACTION OF THE ZONING BOARD OF APPEALS
TELEPHONE (516) 765-1809
Appeal No. 3503
Application Dated April 28, ]986
TO: Mr. George D. Damien
Jackson and Main Streets
New Suffolk, NY 11956
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on November 3, ]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
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[X] Request for Confirmation of Prior ZBA Action under
Appeal No. 949 rendered September 1, 1966
Application of GEORGE D. DAMIEN for a 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
insufficient area, width and depth as required by Article III, Section
100-31, Bulk Schedule 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. ~ ~
WHEREAS, a public hearing was held and concluded on October
in the Matter of the Application of GEORGE D. DAMIEN under Appeal
No. 3503; 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 confirmation of
actions of the Building Inspector and prior Decision of the
Board of Appeals rendered under Appeal No. 949 September l, 1966,
recognizing two separate building lots, having insufficient area,
width and depth as required by Article III, of the Zoning Code.
2. The property in question contains a total area of
28,919 sq. ft. with frontage along the south side of Main Street
of 101.22 feet, along the east side of Fifth Street of 301.67
feet, and along the north side of Jackson Street of 90.11 feet.
2, 1986
(CONTINUED ON PAGE TWO)
DATED: November 3, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3503
Matter of GEORGE D. DAMIEN
Decision Rendered November
3, 1986
The entire premises was conveyed as more particularly shown
by deed at Liber 5911 page 167.
3. The subject premises is improved with the following
structures: (a) one single-family dwelling and (b) one
accessory garage, both constructed under Building Permits #3475Z
and #3646Z, respectively. A final Certificate of Occupancy
#Z3412 was issued for the dwelling structure on January 28, 1969.
4. On September l, 1966, action was taken concerning an
application for a variance for three lots having insufficient
area under Appeal No. 949 denying "...permission to divide
into three separate building lots."
5. On May 5, 1967, Building Permits #3475Z and #3474Z
were issued for the construction of a single-family dwelling
(each). A single-family dwelling was constructed under
Permit #3475Z and a final Certificate of Occupancy #Z3412
was issued on January 28, 1969. The second Building Permit
#3474Z expired and no construction took place thereunder.
6. It is noted that by letter dated November 5, 1975,
the Town Building Inspector advised Mr. Damien (erroneously)
that "...the action of the Board of Appeals #949, Sept. 1, 1966,
dividing your property on E/S Fifth St., New Suffolk, into two
building lots, one with frontage on Jackson St. and the other
with frontage on Main Street has not been changed or rescinded ....
You still have two building lots on E/s Fifth Street as the Board
set them off in 1966 .... "
7. It is also noted for the record that during November
1971, the minimum lot area requirements of the Zoning Code
was increased from 12,500 sq. ft. to 40,000 sq. ft.
9. On October 27, 1980, Mr. Damien was advised by letter
signed by a Town Building Inspector that the zoning requirements
were increased in 1971; "...That you cannot subdivide property
into lots with less than 40,000 sq. ft. in area... Therefore,
you cannot get a permit to build another dwelling on your lot ....
lO. By letter dated August 6, 1982, the Administrator of
the Building Department advised Mr. Damien that the Board of
Appeals denied his application for three lots and that approval
could have been obtained if he reapplied for the two lots during
that period of time since the requirements at that time was a
minimum lot area of 12,500 sq. ft., (subject to Planning Board
subdivision approval).
ll. It is the position and understanding of the Board in
reviewing and researching this matter as follows:
(a) the Action taken by the Board of Appeals on
September l, 1966 denied three lots having insufficient area of
9,000± sq. ft. each, as applied.
(b) the minimum lot-area requirement of the Zoning Code
[Article III, Section 303] in 1966 was 12,500 sq. ft. each, and
new lot divisions were under the purview of the Town Planning
Board [See Rules and Regulations - Town of Southold Subdivision
of Land Revised August 26, 1959];
Page 3 Appeal No. 3503
Matter of GEORGE D. DAMIEN
Decision Rendered November 3,
1986
(c) no application for a division into two lots was
filed before the Planning Board or Board of Appeals; and to
date, no approval has been recorded.
(d) the issuance of Building Permit #3474Z on May 5,
1967 was erroneous;
(e) no construction took place under this Permit;
(f) the Building Inspector's letter of November 5, 1975
was incorrect inasmuch as the Board of Appeals did not approve
two lots and applicant was advised of same at the Board of
Appeals hearing on September 1, 1966;
(g) approval of subdivisions
the purview of the Town Planning Board
zoning.
have always been within
since the enactment of
12. Today's minimum lot area for new lots is 80,000 sq.
ft. as adopted in May 1983.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to Confirm the
Appeals rendered under Appeal
for the denial of three lots
applied, rather than approval
Prior Action of the Board of
No. 949 September l, 1966,
havin9 insufficient area, as
of two lots of sufficient area.
Vote
Douglass
absent.)
of the Board: Ayes: Messrs. Goehringer, Grigonis,
and Sawicki. (Member Doyen of Fishers Island was
This resolution was duly adopted.
lk
ERARD P. GOEA~RINGER)/~CHAIRMAN
ovember 10, 1986 J
FILED BY
DATE ///~ I~...'~'~ ,-
Town Clerk, Town oi
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
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
the Southold Town Hall, Main Road, Soutbold~NY at a Regular
Meeting commencing at 7i30 p.m. on THURSDAY., OCTOBER 2,. 1986
and as follows: ....
7:35 p.m. Appeal No. 3559 - LEONARDUS AND MARIE VANOUDEN-
ALLEN. Variance to the-Zoning Ordinance, Article III, Section
100-31 for permission to construct addieion to~dwelli.ng with
an insufficient frontyard setback, at 230 Sailor's La~e,
Cutchogue, NY; Distr~ct 1000~ Section III, Block }4~ Lot 07.
7:40 p.m. Appeal No. 3555. ~ SHIRLEY HOMANb Variance to
the Zoning Ordinance, A?ticle III~ Section lOOw31 for permission
to construct addition to dwelling with an insufficient rearyard
setback, at 160 Smith Drive, Peconic, NY; District 1000,
Section 98, Block 3, Lot 38.-
7:45 p.m. Appeal No. 9554 -NORMANPAND KAREN REICH.
Variance to the Zoning Ordinance, Articie 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, NY; District 1000, Section 31, Block 3,
Part of Lot 10~ Kimon and Retzos Minor Subdivision #81, Lot #2.
7:50 p.m.
Variance to the
Appeal No. 3547 JOSEPH AND CATHERINE RIEMER.
Zoning Ordinance, Article III, Section lO0-31,
Bulk Schedule for approval of insuffici-ent lot area, width and
depth of two parcels ~now~ ~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 insuffieient
area, width and depth as required by Article III, Section'
100-31, 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 Me~ting - October 23 1986
Southold Town Board of Appeals
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
insufficient setback from wetlands along Great Pond, at 7455
Soundview Avenue, Southold, NY; County Tax Map District 1000,
Section 59, Block 6~ Lot 8. -~
8:05 p.m. Appeal No. 3552 - JOHN SENKO. Variance to the
Zoning Ordinance, Article VII, Section 100170, and ~rticle VI,
Section 100-62(B), for permission to establish shopping center
use in this "B-I" General Business Zoning District. with
insufficient lot area at 49295 Main Road (a/k/a Ackerly Pond
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, ArtiCles: (1) XI, Section 100-119.2
for permission to construct dwelling with an insufficient setback
from wetlands/tidal water along Great Peconic Bay; (2) III,
Section 100-32 to relocate accessory g~rage building in the
frontyard area; (3) III, Section 100-31, Bulk Schedule, to
construct with lot coverage of all structures in excess of
maximum-permitted 20 percent. Location of Property: South
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 100-31
to reconstruct dwelling with insufficient total sideyards,
insufficient (northwesterly) side yard, and insufficient
front-yard; (2) XI, Section 100-119.2(B) fmr 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;
"Map of Section Two~ Gardiners Bay Estates," Subdivision
Lots 27 and part of 28; County Tax Map District 1000,
Section 37, Block 5, Lot 12.
N
Page 3 - Notice of Hearings
Regular Meeting October 2, 1986
Southold Town Board of Appeals
8:26 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
Catapa.no, which received Sketch-Plan Approval 4/14/86 by the
Town Planning Board. Location of Property: ~ We~t 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 Of 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 Distr~ict, North Side of Main Road,~ Southotd, 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 Comments may also be submitted prior to
the conclusion of the subject hearing. For more information,
please call ~65-1809.
Dated:
September II, 1986.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
ATTENTION NEWSPAPERS: Please publish THURSDAY, SEPTEMBER 25, 1986
and forwar~avi~s 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
Location of Property .......... . ,'~. '.~.~...~. __.~. ~..~.'....~. ~...-~g~... .................... '..,
House No. Street Ham/et
County Tax Map No. 1000 Section .... /.]. ?. ......Block ..... ~ ...... Lot . .~q..( ~..
Subdivision ................. Filed Map No ............ ,,,~'7Z. Lot No ................
is returned herewith and disapproved~on the following,gr,ounds .(~. :'~..' ~.~.....'~..~.,
................... · ........ ~'-~ ....... Z; Z,' ZdT:o, ...... ;~-'~-':I
Building Inspector
RV 1/80
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO-
DATE ....... . .~,-~..~...~..
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
(We) ...... ........................... of .....................
Name of Appelk~nt Street and Numbe~
]~ew ,guffolk (~own of Southol(t) N.Y. 11956
............................ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISI.ON OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ................................... DATED ....~..~.),~r..t.6..~.1.~.~.6... .......................
WHEREBY THE BUILDING INSPECTOR DENIED TO
(x)
(x)
Nome of Applicant for permit
of
J%~.~.g~..~...%~b.. $.~.,.... ~m,. ~.~.w... ~.~f.~l~ ~. I~ ~Y.,..11~...~.. .........................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( )
t. LOCATION OF THE PR~PERTY~T~...~..[.~.~J~..~'`~.~.~`.~.~..~.~i~..~.e..~.~.f..q..~..~.~.N'.~.~.".~ .......
Street Use .District on Zoning Mop
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.)
Az~ciole I, 8ec~ion 106-20. Sub-Divisions b~, Authori~ of the Planning Bo~r~, Ar~iole III~
Seoti~ 100-81
TYPE OF APPEAL Appeal is made herewith for
(x)
A VARIANCE to the Zoning Ordin.ance or Zoning Map
A VARIANCE due re lack of acdess (State of New Yark Town Law Chap. 62 Cons. Laws
A~t. 16 Sec. 280A Subsectjq~ ~ - · .
~'4. P~EVIOUS*APP~AL ~ previous appeal (has)~be~n-made .:: ~ -~ -- :j: -.-
.~';~'~ . ..... - .~' with respect to th~. property.
SuCh ~ppe~l w~s ( )= r~quest 'for ~ ~eciQl permit
(~) re~ues~ for a variance
( ) ~ Variance to Section 280~ Sub{e~tion 3 ¢~e s~ s~9 too~&ge,~e~se_ see ~
~ ~) A V~rl~nce to the Zoning O~dinance ~ '
( )
is requested for the reason that '~ ~ese~ ~c~ ~~¢o~e ~c¢o~ ~Ss~ ~oes
~e exis%~ 1~. ~ ~ %ho le%ter ho sen~ ~ NoveS~IR~ he em~sized ~d I quo%e~
"~e ao%i~ ~ ~he ~r& o~ Appeals ~&9,Sep~el,196~ ~d~ y~ property
St.,New S~folk, ~o ~o b~ld~g l~s, o~ ~h f~t~g~ aa Jao~on ~. ~d the ot~r
(~ont,nue oo othe~ side) = ~' . _ _ s~ll ~ve ~o bulldog
with frontage o~ M~ S~e ~s no~ oeen o~ea or re~o~eee.
lots o~ E/8 Fifth S~ree~ ~s ~e B~r~ se% them off ~;1966;" Ple~a~.-see ~
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficult[es or unneces-
Sary HARDSHIP because
2. The hardship created is UNIQUE and is not s bared Dy all properties alike in the immediote
vicinity of this property and in this use district because
Point two (2.) is true and applicable to my case.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because ~y reques~ is legally based s~d motivated b~ the
£ac~ ~hat in 1966 ~ h~d ~he ~dis~ble
~iole III. Secti~ ~O~"A" ~I~ OF ~T of the Zon~g O~*e ~ 1966. which
stip~a~ed~ "~ ~ "A" Residential ~
erected on a lot ~v~ ~ ~ea of less t~ ~elve thous~d five h~d (12.$00)
Squ~e feet ~d a frontage bf less t~ ~e h~ed (100) feet." Mr.Victor ~ss~d
cla~m~ that I ~d ~t "apply" to the B~rd of ~ats to ~ve ~o l~s. This is NO~
~. I ~p~d to be a Doctor of ~ws althoU~ I do not ~ctice law. ~Build~
E~e 0~ce"of Nay 2~.1~8. ~ich I s~died ~ c~e~lly, does not co~ ~y
Seoti~ of ~icle VIII sti~l~t~ ~he proced~e to be followed by a Petiti~r ~er
a hear~ ~t is why. I went to see t~ BulldOg ~ctor of ~t ~. Nrc H~d
Ter~. I as~d ~ ~$ X ~s supposed to do ~ order to get t~ official pe~ssio~
to ~ ~o bu$1d~ lots. s~ce ~ prope~y is ~0O feet by 100 Feet m~n~-~0 feet
on ~e side of ~.~eighbor Ao~re ~. T~r~'s an~er ~s t~t I do n6t~ve to file
any ~ppli~ti~. s~oe I ~ t~ !~1 right to ~ve ~o. but ~o$ t~.ee l~s as I
req~sted.~d t~t t~ Bomrd of Appeals did
prope~y. T~refors. ~ccord~ to ~. I ~d noth~ to do but s~ply to ~sk for ~o
ST~T~ O~~ ) ~ts. ~ich he gave ~ase read my peri,one
.... ..........
Sworn to this ,/-~ r.*, "~ day o~ ...............
-,. Notary ~blic
d ACNS~?q ST~T
N
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