HomeMy WebLinkAboutZBA-06/02/1988 SPECS th Id To B d lApp Is
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MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-180g
APPEALS BOARD
MEMBERS
GERARD P. GOEHRtNGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
MINUTES
SPECIAL MEETING
THURSDAY, JUNE 2, 1988
A Special Meeting was held by the Southold Town Board of
Appeals on THURSDAY, JUNE 2, 1988 commencing at 7:30 o'clock
p.m. at the Southold Town Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Member
Robert J. Douglass; Member Charles Grigonis, Jr.; Member Serge
J. Doyen, and Member Joseph H. Sawicki. Also present was
Victor Lessard for the Building Department, and ZBA Secretary
Linda Kowalski.
The Chairman opened the meeting at 7:30 p.m. and proceeded
with the public hearings, in the following order:
7:30 p.m. Appl. No. 3718 - PATRICIA STEGNER. (See transcript
of hearing prepared under separate cover and attached for future
reference.) The hearing was held, and decision reserved until a
later date. J. Kevin McLaughlin, Esq. and Mr. and Mrs. Stegner
were present. (There was no public opposition.)
7:50 p.m. Appl. No. 3723 - ANGELO SPETSIOTES. The hearing was
held and decision reserved until later. (See transcript of
hearing prepared under separate cover and attached for future
reference.) Mrs. Spetsiotis was present.
7:55 p.m. Appl. No. 3732 - ROBERT E. BIDWELL. lhe hearing was
held, and decision reserved until a later date, pending staking
for re-inspection by the board. (See transcript of hearing
prepared under separate cover and attached for future reference.)
Southold Town Board of Appeals -2- June 2, 1988
Special Meeting
8:08 p.m. Appl. No. 3717 - FREDERICK KOEHLER, JR. Accessory
structure along existing bulkhead at Cutchogue Harbor. The
hearing was held, and decision reserved until later. James Gray
appeared as agent for the Koehlers. (See transcript of hearing
prepared under separate cover and attached for future
reference.)
8:15 p.m. Appl. No. 3729 GEORGE R. FURSE. The hearing was
held and decision reserved until later. (See transcript of
hearing prepared under separate cover and attached for future
reference.) Stephen Ham, Esq. appeared for the applicant.
8:21 p.m. Appl. No. 3730 ESTATE OF DOROTHY RUSSELL. The
hearing was held and decision reserved until later. (See
transcript of hearing prepared under separate cover and attached
for future reference.) Stephen Ham, Esq. appeared for the
applicants.
8:28 p.m. Appl. No. 3731 - NORTH FORK COUNTRY CLUB. The
hearing was held and concluded. Richard F. Lark, Esq. appeared
in behalf of the applicants. (See transcript of hearing
prepared under separate cover and decision rendered later in
tonight's record.)
8:34 p.m. Appl. No. 3727 - DOROTHY ABBOTT. The hearing was
held and concluded. John M. Wagner, Esq. appeared in behalf
the applicants. (See transcript of hearing prepared under
separate cover and decision rendered later in tonight's
record.)
of
8:50 p.m. Appl. No. 3726 - CLIFF & PHIL'S LOBSTER HOUSE. The
hearing was held and decision reserved until later. (See
transcript of hearing prepared under separate cover and attached
for future reference.) Phil Karlin appeared in behalf of the
application.
8:53 p.m. Appl. No. 3721 - RUSSELL E. PLANITZER. The hearing
was held and decision reserved until later. (See transcript of
hearing prepared under separate cover and attached for future
reference.)
ENVIRONMENTAL DECLARATIONS: On motion by Chairman
Goehringer, seconded by Member Sawicki, it was
RESOLVED, to declare the following Environmental Declara-
tions pursuant to Part 617 of the implementing regulations
pertaining to Article 8 of the N.Y.S. Environmental Quality
Review Act of the Environmental Conservation Law and Local Law
944-4 of the Town of Southold:
Southold Town Board of Appeals -3- June 2, 1988
Special Meeting
A. Type II Actions, being setback or lot line variances as
regulated by Section 617.13, 6 NYCRR:
1. Appl. No. 3718
2. Appl. No. 3723
3. Appl. No. 3717
4. Appl. No. 3729
5. Appl. No. 3730
6. Appl. No. 3731
7. Appl. No. 3727
8. Appl. No. 3721
- PATRICIA STEGNER
- ANGELO SPETSIOTES
- FREDERICK KOEHLER, JR.
- GEORGE R. FURSE
- ESTATE OF DOROTHY RUSSELL
- NORTH FORK COUNTRY CLUB
- DOROTHY ABBOTT
- RUSSELL E. PLANITZER
B. Unlisted Actions:
9. Appl. No. 3732 - ROBERT E. BIDWELL
10. Appl. No. 3726 - CLIFF & PHIL'S LOBSTER HOUSE.
VOTE OF THE BOARD: Ayes: Messrs. Doyen, Grigonis,
Douglass, Goehringer and Sawicki. This resolution was duly
adopted.
APPROVAL OF MINUTES: On motion by Mr. Goehringer, seconded
by Mr. Grigonis, it was
RESOLVED, to approve the Minutes of
Z.B.A. Meetings as submitted:
the following
April 14,
April 7,
March 17,
March 3,
1988 Regular Meeting
1988 Special Meeting
1988 Regular Meeting
1988 Special Meeting.
Vote of the Board: Ayes: Messrs. Doyen, Grigonis,
Douglass, Goehringer and Sawicki. This resolution was duly
adopted.
MATTER OF CHARLES ZABRA: Appl. No. 3701. The Board
authorized advertising of this matter of a public hearing only
as may be directed and authorized by the Court's decision in the
pending Order to Show Cause. Motion was made by Member
Douglass, seconded by Chairman Goehringer, and duly carried,
concurring.
RECOGNITION OF Z.B.A. BOARD ASSISTANT AND SECRETARY: The
Chairman commended Linda Kowalski and thanked her for her expert
assistance to the Board of Appeals on her 10th Anniversary.
Southold Town Board of Appeals -4- June 2, 1988 Special
Meeting
ACTION OF THE BOARD OF APPEALS
Appeal No. 3707.
At a Meeting of the Zoning Board of Appeals held on
June 2, 1988 the above appeal was considered, and the Action
indicated below was taken on your Request for Variances to the
Zoning Ordinance, Article XI, Section 100-119.2A and Article III,
Section 100-31, Bulk Schedule:
Application of JOSEPH F. CITARDI in a proposal to place
new dwelling structure with an insufficient setback from bank or
bluff along the Long Island Sound and with an insufficient
frontyard setback from the front {southerly} property line along
C.R. 48. Location of Property: 56225 C.R. 48, Greenport, NY;
County Tax Map Parcel No. 1000-44-01-22.
WHEREAS, a public hearing was held and concluded on April 14,
1988 in the Matter of the Application for JOSEPH F. CITARDI
under Appeal No. 3707; 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:
(CONTINUED ON NEXT PAGE)
Southold Town Board of Appeals -5- June 2, 1988 Special
Meeting
Southold Town Board of Appeals June 2, 1988 Special Meeting
(Appl. No. 3707 - CITARDI decision, continued:)
1. The property in question is identified on the Suffolk
County Tax Maps as District 1000, Section 44, Block 1, Lot 22,
containing a total area of .320 acreage with 100.0 ft. frontage
along the north side of North Road, County Road 48, at
Arshamomoque, Greenport. The subject premises is located in the
"A" Residential and Agricultural Zone District.
2. The subject premises is presently improved with a single-
family cottage structure having a total livable floor area of
approximately 300 sq. ft. (exclusive of deck, patio or nonliving
area) and a small 6 ft. x 8 ft. accessory tool shed.
3. By this application, appellant proposes to replace the
existing buildings with a new single-family dwelling structure
with attached garage as more particularly shown on survey dated
October 8, 1987, revised March 22, 1988, prepared by Peconic
Surveyors and Engineers, P.C. (Map No. 87-794). The setbacks
proposed are shown at nine feet from the front (south) property
line, eight ft. setback at the closest point from the top of the
bluff, 70 feet from the tie line along mean highwater of the Long
Island Sound at its closest point, and sideyards at 12 ft. at the
easterly side and 15 feet at the westerly side. The depth of the
principal part of the dwelling is shown at 36 feet and of the
dwelling and garage section at 64 feet.
4. The elevations of the subject lot are shown to be
between 10 and 11.3 feet landward of the bank. The upland
portion of this lot has a varied depth from the frontyard area to
the bank of between 71 and 95 feet, approximately.
5. Article XI, Section 100-119.2A requires all buildings or
structures proposed on lots adjacent to the Long Island Sound to
be set back not less than one-hundred (100) feet from the top of
the bluff, or bank.
6. Article III, Section 100-31, Bulk Schedule of the Zoning
Code requires a minimum frontyard setback at not less than 35
feet as provided by Column A.
7. On-site inspections find as follows:
(a) the lot slopes towards the south;
(b) there is a low embankment between the existing
structures and the beach;
(c) the embankment is fully covered with woody
vegetation and appears stable;
Southold Town Board of Appeals -6- June 2, 1988 Special Meeting
(Appl. No. 3707 - CITARDI decision, continued:)
(d) the existing principal building is constructed at
this time on posts {without a basement] and is shown to be set
back approximately 32 feet without the deck addition and
approximately 13 feet with the deck addition - see Survey revised
March 22, 1988.
8. The percentage of relief in relation to the established
setbacks along the bank and bluff areas of the Long Island Sound
in the immediate vicinity is not substantial.
9. The percentage of relief in relation to the established
frontyard setbacks in the immediate vicinity is s~bstantial, and
is a variance of 75 percent from the requirement of Section
100-31.
10. It is the position of this Board that:
(a) the relief requested is not the minimal necessary as to
the frontyard setbacks of other principal buildings in this
immediate vicinity;
(b) the project as proposed is not within the character of
the general neighboring dwellings;
(c) the circumstances of the property are unique;
(d) the variance, if granted as applied, will not in turn
be adverse to the safety, health, welfare, comfort, convenience,
or order of the town;
(e) there is another method feasible for appellant to
pursue for minimal relief by changing the design of the proposed
structure, particularly for the frontyard setback;
(f) in considering all the above factors, the Board finds
it will be within the interests of justice to deny the relief as
requested and urge the applicant to change the design of the
structure for a greater frontyard setback.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a Variance from the Provisions of Article
XI, Section 100-119.2A of the Zoning Code for the placement of
dwelling structure within a building-envelope area as below-
specified and conditioned:
1. Setback at not less than that shown on Map No. 87-794
prepared by Peconic Surveyors & Engineers, P.C. dated October 8,
1987, revised March 22, 1988, as to the setbacks from the top of
the bluff (see paragraph 3, supra, of findings);
Southold Town Board of Appeals -7- June 2, 1988 Special Meeting
(Appl. No. 3707 - CITARDI decision, continued:)
2. Setback at not less than 19 feet from the closest point
to the front (southerly) property line {instead of the requested
nine feet}.
3. No excavating or similar activities which will disturb
land area between new construction and the bluff.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly adopted.
Southold Town Board of Appeals -8- June 2, 1988 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3727.
Application of DOROTHY ABBOTT for Variances to the Zoning Ordinance:
(a) Article III, Section lO0-31, Bulk Schedule, and (b) Article XI, Sec-
tion 100-119.2A, for approval of attached deck with an insufficient
easterly sideyard setback and insufficient setback from top of bluff
along the Long Island Sound, premises known as 380 Private Road No. 3
(extending off the West Side of Rocky Point Road, East Marion, NY);
County Tax Map Parcel No. 1000-21-1-2.
The Board deliberated and took the following action:
WHEREAS, a public hearing was held and concluded on April 14,
1988 in the Matter of the Application of DOROTHY ABBOTT under Appeal
No. 3727; 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. The premises in question is a 20,020± sq. ft. parcel of
land located at the end of a private right-of-way referred to as
380 Private Road No. 3 (extending off the West Side of Rocky Point
Road), in the Hamlet of East Marion, Town of Southold, and more
particularly shown on the Suffolk County Tax Maps as District 1000,
Section 21, Block 1, Lot 2.
2. The subject premises is improved by a single-family,
one-story frame dwelling structure and accessory storage shed
all as shown on survey prepared September 24, 1970 (as amended
May 9, 1988) by Roderick VanTuyl, P.C.
3. By this application, appellant requests a Variance for
approval of a deck addition at the north and northeast section of
the existing dwelling with setbacks at 6'6" from its closest point
to the easterly property line and at 30 feet from its closest
point to the top of the bank (along the Long Island Sound).
Southold Town Board of Appeals -9- June 2, 1988 Special Meeting
(Appl. No. 3727 ABBOTT decision, continued:)
The setback of the deck to the top of the bank at its furthest
point is shown to be 50 or more feet.
4. It is noted that although the survey depicts Parcel One
and Parcel Two, the subject premises has been and remains in one
ownership as one parcel with an area of not less than 20,020 sq.
ft.
5. Article XI, Section 100-119.2, subparagraph A(1)
of the Zoning Code requires all buildings and structures
proposed on lots adjacent to the Long Island Sound to be
set back not less than one-hundred (100) feet from the top
of the bluff or bank.
6. Article III, Section lO0-31, Bulk Schedule, of
the Zoning Code requires a minimum sideyard to be 10 feet
for this parcel which is located in the "A" Residential
Zoning District.
7. It is noted for the record that: (a) Certificate
of Occupancy #Z9030 was issued May 25, 1978 for the private
one-family dwelling with addition, and (b) the deck under
consideration is existing and has been existing for several
years; (c) a portion or all of the subject right-of-way
and lot in question is shown on the "Map of Marion G.
Richardson" filed in the Suffolk County Clerk's Office
as Map No. 859 on December 31, 1927.
8. The relief requested by this application is
substantial in relation to the previously established
nonconforming setbacks.
not
9. In considering this appeal, the Board also finds
and determines that: (a) the placement of the deck is not
unreasonable and will not create a substantial change in
the character of the area; (b) the circumstances of the
property are unique and are not personal in nature; (c)
the deck exists and the bluff area will not be disturbed
or altered; (d) there is no other method feasible for
appellant to pursue other than a variance; (e) the
practical difficulties are sufficient to warrant the
relief applied for; (f) in view of all the above factors,
the interests of justice will be served by granting the
variance, as noted below.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT the variances requested under
Appeal No. 3727 in the Matter of DOROTHY ABBOTT for the
open deck construction with a setback from the easterly
property line at 6'6" at its closest point and from the
northerly top of bank line at 30 feet at its closest
point, as shown by survey amended May 9, 1988, prepared
by Roderick VanTuyl, P.C., SUBJECT TO THE FOLLOWING
Southold Town Board of Appeals -10- June 2, 1988 Special Meeting
(Appl. No. 3727 - ABBOTT decision, continued:)
CONDITIONS:
1. That the construction meet all applicable
building code specifications;
2. That the deck not be roofed or enclosed;
tion
deck.
3. That there be no disturbance or other construc-
on the land area between the bank line and the existing
Vote of the
Grigonis, Douglass
adopted.
Board: Ayes: Messrs. Goehringer, Doyen,
and Sawicki. This resolution was duly
Southold Town Board of Appeals -11- June 2, 1988 Special Meeting &
Hearings
DELIBERATIgNS/DECISION: Appl. No. 3687.
Application of JON C. KERBS for an interpretation and, if necessary,
Variance under Article XI, Section 100-119.2 of the Zoning Code, for per-
mission to locate building 75 feet from the N.Y.S. D.E.C. determined
tidal wetlands line as approved under D.E.C. Permit #10-86-0092 and in
accordance with Town Trustees Wetland Permit No. 373 conditionally
approved June 25, 1987. Location of Property: East Side of Narrow
River Road, Orient, NY; County Tax Map Parcel No. 1000-27-2-5.
The Board deliberated and took the following action:
WHEREAS, an application was filed on October 27,
1987 in the Matter of JON C. KERBS under Appeal No. 3687; and
WHEREAS, public hearings were held on March 17, 1988
and April 14, 1988 concerning the request for an Interpretation
and, if necessary, Variance under the Provisions of Article XI,
Section 100-119.2(B) of the Zoning Code; and
WHEREAS, the Board has carefully considered all testi-
mony and documentation submitted concerning this application; and
WHEREAS, on May 17, 1988, Local Law #15 of 1988 was
adopted by the Southold Town Board; and
WHEREAS, Local Law #15-1988 amended the provisions
under Section 100-119.2, subsection B of the Zoning Code, to
exclude those projects which are upon "lands not bulkheaded
and are subject to a determination by the Board of Town Trustees
under Chapter 97 of the Code of the Town of Southold"; and
WHEREAS, notification has been received that Local
Law #15 was filed with the Secretary of State on or about
May 25, 1988; and
WHEREAS, the subject premises is not bulkheaded
and has received conditional approval from the Southold Town
Trustees under Permit #373; and
WHEREAS, it has been held in the Courts that the
law that exists at the time of a decision will apply [Alscot
Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471 NYS2d
Southold Town Board of Appeals -12gune 2, 1988 Special Meeting &
Hearings
(Appl. No. 3687 KERBS decision, continued:)
669 (1984, 2d Dept.]; (Aversano v.
AD 2d 665, 498 NYS2d 403 [1986, 2d
the Incarnation v. Glimm, 61 NY 2d
149 (1984 ];
Two Family Use Board, ll7
Dept.]); [Cathedral of
826, 473 NYS 972, 462 NE2d
NOW, THEREFORE, on motion by Mr. Goehringer, seconded
by Mr. Grigonis, it was
RESOLVED, that for the reasons noted above, this
Board is without jurisdiction to act on this application, as
applied.
Grigonis,
adopted.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Douglass and Sawicki. This resolution was duly
/Southold Town Board of Appeals -13- ~une 2, 1988 Special Meeting and
Hearings
DELIBERATIONS/DECISION: Appl. No. 3710:
Application of THE COVE AT SOUTHOLD, INC. for a Variance under
Article XI, Section 100-119.2 of the Zoning Code, for permission to
locate buildings 75 or more feet from the N.Y.S. D.E.C. determined
tidal wetlands line and at not less than 18 feet from the Town Trustees
determined wetland grasses as approved under Trustees Permit Application
No. 601. Location of Property: South Side of Main Bayview Road,
Southold, NY; County Tax Map Parcel No. 1000-87-5-20.
The Board deliberated and took the following action:
WHEREAS, an application was filed on February 3, 1988
in the Matter of The Cove at Southold, Inc. under Appeal No. 3710;
and
WHEREAS, public hearings were held on March 17, 1988
and April 14, 1988 concerning the request for a Variance under
the Provisions of Article XI, Section 100-119.2(B); and
WHEREAS, the Board has carefully considered all testi-
mony and documentation submitted concerning this application; and
WHEREAS, on May 17, 1988, Local Law #15 of 1988 was
adopted by the Southold Town Board; and
WHEREAS, Local Law #15-1988 amended the provisions
under Section 100-119.2, subsection B of the Zoning Code, to
exclude those projects which are upon "lands not bulkheaded
and are subject to a determination by the Board of Town Trustees
under Chapter 97 of the Code of the Town of Southold"; and
WHEREAS, notification has been received that Local
Law #15 was filed with the Secretary of State on or about
May 25, 1988; and
WHEREAS, the subject premises is not bulkheaded
and has received conditional approval from the Southold Town
Trustees under Permit #601; and
WHEREAS, it has been held in the Courts that the
law that exists at the time of a decision will apply [Alscot
Southold Town Board of Appeals -14- June 2, 1988 Special Meeting and
Hearings
(Decision: Appl. No. 3710 THE COVE AT SOUTHOLD, INC.):
Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471 NYS2d
669 (1984, 2d Dept.]; (Aversano v. Two Family Use Board, 117
AD 2d 665, 498 NYS2d 403 [1986, 2d Dept.]); [Cathedral of
the Incarnation v. Glimm, 61 NY 2d 826, 473 NYS 972, 462 NE2d
149 (1984)];
NOW, THEREFORE, on motion by Mr. Goehringer, seconded
by Mr. Grigonis, it was
Board is
applied.
RESOLVED, that for the reasons noted above, this
without jurisdiction to act on this application,
as
Vote of
Grigonis, Douglass
adopted.
the Board: Ayes: Messrs. Goehringer, Doyen,
and Sawicki. This resolution was duly
Southold Town Board of Appeals -15- June 2, 1988 Special Meeting
ACTION OF THE BOARD OF APPEALS
Appeal No. 3703.
At a Meeting of the Zoning Board of Appeals held on
June 2, 1988 the above appeal was considered, and the Action
indicated below was taken on your Request for a Variance to the
Zoning Ordinance, Article XI, Section 100-119.2A:
Application of JOHN AND EVELYN KEATING for permission to
construct new dwelling and garage with an insufficient setback
from top of bluff along the Long Island Sound. Location of
Property: 19995 Soundview Avenue, Southold, NY; County Tax Map
Parcel No. 1000-51-04-006.
WHEREAS, a public hearing was held and concluded on April
14, 1988 in the Matter of the Application for JOHN AND EVELYN
KEATING under Appl. No. 3703; 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:
(CONTINUED ON NEXT PAGE)
Southold Town Board of Appeals -16June 2, 1988 Special Meeting
(Appl. No. 3703 - KEATING, decision, continued:)
1. The property in question is identified on the Suffolk
County Tax Maps as District 1000, Section 51, Block 4, Lot 6,
containing a total area of .510 acreage with 100.0 ft. frontage
along the north side of Soundview Avenue, Southold. The subject
premises is located in the "A" Residential and Agricultural Zone
District.
2. The subject premises is presently improved with a single-
family cottage structure having a total livable floor area of
approximately 560 sq. ft. (exclusive of porch area) and a small
accessory tool shed.
3. By this application, appellant proposes to replace the
existing buildings with a new single-family dwelling structure
with a new setback at not less than 40 feet from top of the bluff
along the Long Island Sound, exclusive of proposed 10 ft. brick
terrace structure which would be set back 30 feet from the top of
the bluff. No undeterming of the area at the top of the bluff is
proposed. The brick terrace will be constructed on grade and
will not disturb the contours between the new dwelling and the
bluff. The actual cut for the proposed basement will be not
closer than 40 feet from the top of the bluff and is proposed at
a depth not to exceed four to five feet below existing grade.
(See Engineer's report dated April 11, 1988 from Randall Woodard,
P.E., Ward Associates, P.C.)
4. Article XI, Section 100-119.2A requires all buildings or
structures proposed on lots adjacent to the Long Island Sound to
be set back not less than one-hundred (100) feet from the top of
the bluff, or bank.
5. On-site inspections find as follows:
(a) the lot slopes toward Soundview Avenue and not
toward the bluff;
(b) existing along the toe of the bluff is
in good condition, and the bluff face vegetation con-
sists predominately of annual weeds;
a bulkhead
(c) the cottage presently exists on posts without a
basement and is shown to be setback 30 feet from its closest
point to the top of the bluff.
Southold Town Board of Appeals -17-June 2, 1988 Special Meeting
(Appl. No. 3703 - KEATING decision, continued:)
e
(a)
(b)
area;
(c)
It is the position of this Board that:
the relief requested is not substantial;
the project is not out of character with the general
the circumstances of the property are unique;
the variance will not in turn be adverse to the safety,
health, welfare, comfort, convenience, or order of the town;
(e) there is no other method feasible for appellant to
pursue other than a variance;
(f) in view of all the above factors, the interests of
justice will be observed by the grant of the variance.
Accordingly, on motion by Messrs. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance from the Provisions of Article
XI, Section 100-119.2A of the Zoning Code for the placement of
dwelling structure within a building-envelope area as below-
specified and conditioned:
1. Setback at not less than 45 feet from the actual
basement or foundation to the closest point of the top of the
bluff;
2. Setback at not less than 35 feet from the closest point
at the top of the bluff to the brick patio at existing grade or
ground level;
3. No excavating or similar activities which will disturb
land area between new construction and the bluff.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly adopted.
Southold Town Board of Appeals -18- June 2, 1988
Special Meeting
CODE COMMITTEE: A joint conference of the Code Committee
Members has been scheduled and noticed for June 29, 1988
concerning "nonconformities."
OTHER UPDATES. The other 47 pending or incomplete
applications on file with the Z.B.A. were updated by the Board's
secretary (see agenda listing and information).
EXECUTIVE SESSION: The board briefly met in Executive
Session concerning the following matters:
2.
3.
4.
Matter of Deleo v. Herz.
Matter of John Flynn v. Zehner.
Matter of Charles Zahra v. Town of Southold;
Matter of O'Neill and McSherry.
The meeting was adjourned at 9:35 p.m.
Respectfully submitted,
· owalsk', Secre ary
p~~~i/nge~-~ jS°uth°ld Town Board of Appeals
r
Chairman ~