HomeMy WebLinkAboutZBA-04/07/1988 SPECAPPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAW~CKI
Southold Town Board of Appeals
HAIN ROAD- STATE ROAD 25 SOUTHrlLD, L.I., N.Y. llg?l
TELEPHONE (516) 765q 809
MINUTES
SPECIAL MEETING
THURSDAY, APRIL 7, 1988
A Special Meeting of the Southold Town Board of Appeals
was held on THURSDAY, APRIL 7, 1988 at the Southold Town Hall,
Main Road, Southold, New York 11971.
Present were: Gerard P. Goehringer, Chairman; Charles
Grigonis, Jr.; Robert J. Douglass, and Joseph H. Sawicki,
Members. Absent was: Member Serge Doyen, Jr. (Fishers
Island). Also present were: Victor Lessard, Executive
Administrator (Building Department), and Linda Kowalski,
Board Secretary. Suffolk Times Reporter was presentlonly
during the early part of the meeting.
The Chairman opened the meeting at 7:30 o'clock p.m.
and proceeded with the first matter on the agenda, as
follows:
DELIBERATIONS and DECISION: Application No. 3714 -
DALE MAYNARD. Hearing held and concluded March 17, 1988:
(Continued on page two)
Southold Town Board of Appeals -2- April 7, 1988 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3714:
Application of DALE MAYNARD for a Variance to the Zoning Ordinance,
Article III, Section-lO0-31, Bulk Schedule, for approval of the insuffi-
cient area and width of two parcels as approved by the Planning Board
in the subdivision known as ~'Seawood Acres, Section I" Filed Map
No. 2575. Location of Property: West Side of Seawood Drive, Southold,
NY; County Tax Map Parcels No~ 1000-79-7-64 and 65.
~he Board deliberated and took the following action:
in
and
WHEREAS, a public hearing was held and concluded on March 17, 1988
the Matter of the Application of DALE MAYNARD under Appeal No. 3714;
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 located in the "A"
Residential and Agricultural Zoning District with frontage
along the west side of Seawood Drive of 200.00 feet and
total lot area of approximately 25,500 sq. ft., and
improved with one single-family, one-story dwelling with
attached garage as more particularly depicted on the
survey prepared August 16, 1967 by VanTuyl & Son.
2. The subject premises is shown on the "Map of
Seawood Acres, Section One" as Lots No. 25 and 26 and
on the Suffolk County Tax Maps as District 1000, Section
79, Block 7, Lots 64 and 65, respectively.
3. By this application, appellant requests approval
of the insufficient lot area and width of each Lot #25
and Lot #26, each of a minimum of 12,500 sq. ft. and
100 ft., respectively, and as shown on the filed "Map
Southold Town Board of Appeals -3- April 7, 1988 Special Meeting
(Appl. No. 3714 - MAYNARD decision, continued:)
of Seawood Acres, Section One," which map was approved
by the Suffolk County Health Department on June 6, 1956,
approved by the Southold Town Planning Board on May 29,
1956 (and June 19, 1956), and filed with the Suffolk County
Clerk's Office June 26, 1956 as Map No. 2575, Abstract No.
2752, Book 10, Page 4. The subject Map included a total
land area of approximately 15 acres with 39 lots of a size
not less than 100 ft. x 125 ft., and 12,500 sq. ft. in
area.
4. Article III, Section lO0-31, Bulk Schedule of
the Zoning Code requires a minimum lot area of 80,000
sq. ft. and minimum lot width of 175 feet. The percentage
of relief requested in relation to these requirements is
substantial, having a shortage of 65,200± sq. ft. as to
the northerly lot (Lot 25) and 66,750± sq. ft. as to
the southerly lot (Lot 26). The percentage of relief
requested as to lot width, or frontage, for each lot
is approximately 40%.
5. Article III, Section lO0-31(A) excepted those
lots having a lot area of less than 40,000 sq. ft. that
were "held in single and separate ownership prior to
November, 1971 and thereafter." The record shows that
these parcels were not held in single and separate
ownership by current or past conveyances.
6. Article I, Section lO0-12 excepts certain
subdivision maps from the lot area and lot width require-
ments of the current zoning code. Although there are
numerous subdivision maps excepted under this provision,
it is the understanding and belief of this Board that
those subdivisions pre-dated the Town's subdivision
regulations and/or zoning and consisted of a large per-
centage of lots which had been improved or were under
construction for single-family dwelling. The "Seawood
Acres, Section One" development apparently did not meet
those rules for exception by the Town Board at that time.
7. In viewing the character of the immediate area,
the lots as proposed are deemed to be consistent as to
the general configuration, lot area, width, depth, etc.
8. Also noted for the record is the prior appeal
Southold Town Board of Appeals -4- April 7, 1988 Special Meeting
(Appl. No. 3714 - MAYNARD decision, continued:)
under Application No. 2812 and action rendered December
1981, conditionally approving two lots out of three as
applied (and as an alternative to the denial of three
lots rendered July 9, 1981).
17,
9. In considering this appeal, the Board also finds
and determines: (a) the the practical difficulties claimed
are sufficient to warrant a granting of this variance;
(b) that the circumstances are unique to the property
and are not shared by other properties in the neighborhood;
(c) that there will be no substantial change in the char-
acter of the neighborhood or detriment to adjoining
properties; (d) that the relief requested is substantial
in relation to the current requirements; (e) that the
difficulty cannot be obviated by some method feasible for
appellant to pursue other than a variance; (f) that the
variance will not in turn cause a substantial effect of
increased dwelling density or be adverse to the safety,
health, welfare, comfort, convenience or order of the town,
(g) that in view of the manner in which the difficulty
arose ~nd'in considering all the above factors, the
interests of justice will be served by granting the
variance as applied.
10. In conclusion, it is this Board's position that
the owners/applicants not be required to re-submit an
application to the Planning Board particularly since
this subdivision map has been reviewed and approved by
the Southold Town Planning Board previously.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT the relief requested under Appeal
No. 3714 in the Matter of the Application of DALE MAYNARD
approving the insufficient lot area and width of Lots
No. 25 and 26 as shown on the "Map of Seawood Acres,
Section One" filed in the Suffolk County Clerk's Office
as Map No. 2575 on June 26, 1956.
Vote of the Board: Ayes: Messrs. Goehringer,
Grigonis, Douglass and Sawicki. (Member Doyen of Fishers
Island was absent.) This resolution was duly adopted.
Southold Town Board of Appeals -5- April 7, 1988 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3713:
Application of ROBERT STARON for a Variance to the Zoning Ordinance,
Article III, Section 100-32 for approval of the construction of accessory
storage shed with an insufficient setback from property lines as premises
known as 1490 Waterview Drive, Southold, NY; County Tax Map Parcel
No. 1000-78-7-54.
WHEREAS, a public hearing was held and concluded on March 17,
1988 in the Matter of the Application of ROBERT STARON under Appeal
No. 3713; 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 located along the south side
of Waterview Drive in the Hamlet of Southold, Town of Southold,
containing a total lot area of approximately 17,600 sq. ft., and
is more particularly identified on the Suffolk County Tax Maps
as District 1000, Section 78, Block 7, Lot 54.
2. The subject premises is improved with a single-family,
one-story frame dwelling, inground swimmingpool, fence enclosure
and the subject utility shed, all as depicted by sketched survey
of March 5, 1987 submitted with this application.
3. By this application, appellant requests a Variance from
the Provisions of Article III, Section 100-32 of the Zoning Code
for the location of an accessory utility shed of a size 14' x 16'
in the rearyard area with setback of 1.0 feet and 3.2 feet from
the southwest corner and setbacks of 2.3 and 4.3 feet from the
southeast corner of the premises [see survey prepared by Peconic
Surveyors & Engineers, P.C. #87-173 dated March 5, 1987].
4. Article III, Section 100-32 of the Zoning Code permits
the location of an utility shed, for storage purposes accessory
Southold Town Board of Appeals -6- April 7, 1988 Special Meeting
(Appl. No. 3713 STARON decision, continued:)
and incidental to the principal dwelling, only in the rearyard,
with setbacks of not less than three feet from any property
line.
5. On November 17, 1986, a Building Permit (#15498Z)
was issued for the subject accessory shed in the rear yard
area with a setback of four feet from the nearest property
line. The utility shed was built. Inspections were made
on June 5, 1987 and on September 30, 1987, noting that the
building appeared too close to the property lines. The
initial survey prepared by Roderick VanTuyl, P.C. depicted
only the dwelling structure and the shed and pool were later
sketched in. The survey prepared by Peconic Surveyors &
Engineers, P.C. dated March 5, 1987 confirmed the position
of the subject utility shed [as previously noted].
6. For the record it is noted that the subject premises
is nonconforming as to lot area, width and depth, and appears
to have been held in single-and-separate ownership since
the increased lot area requirements adopted November 1971.
7. In considering this application, the Board also
finds and determines:
(a) the angle of the side lines of the subject
premises lends to the uniqueness of this situation;
(b) the project will not be adverse to the character
of the neighborhood;
(c) there is
to pursue other than a
the base and shed;
no other method feasible for appellants
variance or other than re-locating
(d) the relief requested is the minimal necessary,
since the remaining setbacks of the shed will meet the
minimum three-ft, setback requirement of the Code;
(e) the relief is substantial at this most
southwesterly corner;
(f) there will be no increase in dwelling density
resulting from the grant of this variance,
(g) the nonconforming location
shed presently situated directly on the
proposed to be removed;
of another aluminium
rear property line is
Southold Town Board of Appeals -7- April 7, 1988 Special Meeting
(Appl. No. 3713 - STARON decision, continued:)
(h) the practical difficulties are self-created.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT the relief requested under Appeal
No. 3713 for the location of a 14' x 16' utility shed as
shown by survey prepared by Peconic Surveyors & Engineers
dated March 5, 1987, with setbacks at the most southwesterly
corner at l.O feet from the westerly side property lien and
at 2.3 feet at the southerly rear property line, as applied,
and SUBJECT TO THE FOLLOWING CONDITION:
That a gutter be placed along the rear (south side)
of the roof of the subject utility shed draining toward
the east and into a two-ft, storm ring basin (or 55 gal.
drum) underground.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass [with excepption*) and Sawicki. (Member Doyen of
Fishers Island was absent.) [*Member Douglass voted with
exception to the fact that the monolithic base and structure
could be slid to realign this southwest corner.]
This resolution was duly adopted.
Suffolk Times Reporter Jack Williams left at this time.
Mr. Lessard, Executive Administrator (Building Department)
also left at this time.
Southold Town Board of Appeals -8- April 7, 1988 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3605:
Application of ROBERT CLEMENS for Variances: (a) to the Zoning
Ordinance, Article III, Section lO0-31, Bulk Schedule, for permission
to construct additions to dwelling with an insufficient rearyard set-
back from the easterly property line, and (b) for approval of access
pursuant to New York Town Law, Section 280-a over a private right-of-way
extending off the south side of Main Bayview Road, Southold, NY; County
Tax Map Parcel No. 1000-87-5-17.
The Board deliberated and took the following action:
WHEREAS, a public hearing was held and concluded on March 17,
1988 in the Matter of the Application of ROBERT CLEMENS under Appl.
No. 3712; 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 contains a total area of approxi-
mately 13,000 sq. ft. with 125+ ft. frontage along the east side
of "Koke Drive," a private right-of-way, in the Hamlet of Southold,
Town of Southold, and more particularly identified on the Suffolk
County Tax Maps as District 1000, Section 87, Block 5, Lot 17.
2. The subject premises is improved with a single-family,
one-story frame dwelling set back 34.5 feet from the front property
line, 46 ft. from the southerly side property line, 36± feet from
the easterly rear property line, and accessory 24 ft. x 24 ft.
garage, all as depicted by Drawing No. SP-1 prepared by Garrett A.
Strang, Architect, dated January 29, 1988.
3. By this application, appellant requests: (a) relief
for the proposed construction of 6n 26 ft. x 20 ft. addition at
the rear of the dwelling with a proposed setback at 15 feet
Southold Town Board of Appeals -9- April 7, 1988 Special Meeting
(Appl. No. 3605 - CLEMENS decision, continued:)
from the rear property line, and (b) approval of access
over Koke Drive, a private right-of-way, extending off the
south side of Main Bayview Road approximately 365 feet in
length.
4. Article III, Section lO0-31, Bulk Schedule, of the Zoning
Code requires a minimum rearyard setback at 35 feet. The amount
of relief requested by this application is 20 feet, or 57%.
5. Also shown on the plan is a proposed 15 ft. x 32 ft.
addition at the southerly end of the dwelling, and stairway,
which do not fall under the jurisdiction of this Board.
6. For the record it is noted that
in question is in need of minor repairs,
the recommendations for improvements (as
the right-of-way
and this Board makes
noted below).
7. Also noted for the record is the fact that the
Town Board on May 6, 1958, established this area along "Koke
Drive'~ (formerly owned by Alexander W. and Frederick C. Koke)
as an Open Development Area pursuant to the provisions of
Section 280-A of New York Town Law. The map approved by the
Town Board appears to encompass the entire right-of-way
extending from "Koke Drive" to and including the westerly
portion now referred to as "Corey Creek Road.~' (See survey
prepared by Otto W. VanTuyl & Son revised April 30, 1958
for the Koke Estate.)
8. In considering this application, the Board finds
that the relief requested for the rearyard setback is not
the minimal necessary, being a variance of 57%.
9. In granting alternative relief herein, the Board
also finds: (a) there will be no substantial change in
the immediate area or detriment to adjoining properties;
(b) the circumstances of the property are unique; (c)
there is no other method feasible for appellant to pursue
other than a variance; (d) the alternative relief is not
substantial in relation to the requirements; (e) the
practical difficulties are sufficient; (f) in view of
all the above factors, the interests of justice will be
served.
Accordingly, on motion by Mr. Grigonis, seconded by
Southold Town Board of Appeals -10- April 7, 1988 Special Meeting
(Appl. No. 3605 - CLEMENS decision, continued:)
Mr. Douglass, ~t was
RESOLVED, to APPROVE alternative relief for the
proposed construction of addition at the rear of existing
dwelling and APPROVE access over this private right-of-way,
as applied and subject to the following conditions:
1. That the rearyard setback be not less than 19
feet (rather than the 15 feet applied);
2. In the event that
(and the adjoining property
improve this right-of-way,
standards shall apply:
the applicant/property owner
owners along this right-of-way)
that the following minimum
(a) that the right-of-way be re-graded to a
width of 12 feet and length of approximately 390 feet to
the premises in question;
(b) that two inches [2"] of stone blend be
placed on the surface.
Vote of the B~ard: Ayes: Messrs. Goehringer~
Douglass, Grigonis and Sawicki. (Member Doyen of Fishers
Island was absent.) This resolution was duly adopted.
Southold Town Board of Appeals -ll- April 7, 1988 Special Meeting
DELIBERATIONS/DECISION~ Appl. No. 3711:
Application of ERNEST AND DORIS ROBINSON for a Variance to the
Zoning Ordinance, Article XI, Section 100-119.2 for permission to
construct deck with an insufficient setback from existing bulkhead
at premises known as 915 Mill Creek Drive, Southold, NY; County
Tax Map Parcel No. 1000-135-3-37.
The Board deliberated and took the following action:
WHEREAS, a public hearing was held and concluded on March 17,
1988 in the Matter of the Application of ERNEST AND DORIS ROBINSON
under Appeal No. 3711; 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:
I. The premises in question is located on the east side
of Mill Creek Drive in the Hamlet of Southold, Town of Southold,
and is identified on the Suffolk County Tax Maps as District
1000, Section 135, Block 3, Lot 37.
2. The subject premises contains a total lot area of
approximately 12,000 sq. ft. with 65.0 ft. frontage along Mill
Creek Drive and frontage along Arshamomaque Pond along a tie
line of 103.97 feet.
3. The premises is improved with a single-family, one-
story frame dwelling set back approximately 57 feet from the
front property line (along Mill Creek Drive), approximately
40 feet from the existing bulkhead along the tidal wetland
area, setback from the southerly sideyard at 23 feet at its
closest point, and setback from the northerly sideyard at
not less than 20 feet.
Southold Town Board of Appeals -12- April 7, 1988 Special
(Appl. No. 3711 - ROBINSON decision, continued:)
Meeting
4. By this application, appellants request a Variance
from Article XI, Section 100-119.2(B) for permission to
construct an open, unroofed deck addition at the rear of
the dwelling with a setback of not less than 26 feet from
the existing bulkhead. The deck is proposed to extend
from the rear of the house at variables (between the
house and the bulkhead) from five feet to 13 feet, leaving
a reduced setback at not less than 26 feet and as more
particularly shown on the sketched plan under consideration~
5. Article XI, Section lO0-119.2(B) requires all
buildings and structures located on lots adjacent to tidal
water bodies other than the Long Island Sound to be set
back not less than seventy-five (75) feet from the ordinary
highwater mark of such tidal water body, or not less than
seventy-five (75) feet from the landward edge of the tidal
wetland, whichever is the greater distance.
6. For the record it is noted that the premises
nonconforming as to lot area, width and size, and the
dwelling structure as exists is nonconforming as to
its setback from the tidal water.
is
7. Although the setback proposed is substantially
less than that required by the Code, the project is the
minimal necessary under the circumstances and there
will be no disturbance of the bulkhead or wetland areas.
8. In considering this application, the Board also
finds and determines:
(a) the difficulties claimed are unique to the
property, particularly due to its nonconformities;
(b) the project as proposed is consistent
with the general neighborhood;
(c) there is no other method feasible for
appellants to pursue other than a variance;
(d) the relief requested is the minimal necessary;
(e) the project is within the spirit and intent
of zoning;
Southold Town Board of Appeals -13- April 7, 1988 Special Meeting
(Appl. No. 3711 - ROBINSON decision, continued:)
(f) the "practical difficulties" test has been
sufficiently met;
(g) there will be no increase in dwelling density
resulting from the grant of this variance;
(h) the practical difficulties are not self-created~
(i)
arose and in
justice will
in view of the manner in which the difficulties
considering the above factors, the ~nterests of
be served by granting the application as applied.
Accordingly, on motion by Mr. Goehrin'ger, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance under the Provisions of
Article XI, Section 100-119.2(B) for the construction of an
open, unroofed deck attached to the existing dwelling with
a setback from the existing bulkhead at not less than 26
feet, as applied.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
Southold Town Board of Appeals -14- April 7, 1988 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3543:
Application of PETER AND BARBARA HERZ for Variances to the Zoning
Ordinance, Article XI, Section 100-119.2 for permission to locate new
single-family dwelling with insufficient setbacks from existing bulk-
head and from highwater areas along Midway Inlet and Hog Neck Bay,
premises known as 70 Cedar Point Drive, Southold, NY~ Cedar Beach
Park Map, Part of Lots 152 and llO; County Tax Map Parcel
No. 1000-90-02-13.1.
The Board deliberated and took the following action:
WHEREAS, public hearings were held in the Matter of PETER AND
BARBARA HERZ under Appl. No. 3543 on the following dates: May 21,
1987; June 18, 1987; December 10, 1987, and March 17, 1988~ 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 located in the "A" Residential
and Agricultural Zoning District and is identified on the Suffolk
County Tax Maps as District 1000, Section 90, Block 2, Lot 13.1.
2. The subject premises contains a total area of 27,450+ sq.
ft. with 74.0 ft. frontage along the south side of Cedar Point
Drive East at Bayview, Hamlet and Town of Southold, and is
referred to as Lot llO and part of Lots 109 and 152 on the Map
of "Cedar Beach Park."
3. The subject premises is vacant land and is bulkheaded
along a large portion of the westerly side property line (fronting
a Pond (or Midway Inlet), and along the southerly rear property
line 90~50 feet along a 1987 highwater mark of Little Peconic Bay,
Southold Town Board of Appeals -15- April 7, 1988 Special Meeting
(Appl. No. 3543 HERZ decision, continued:)
as shown on the survey updated January 12, 1987 by Young & Young
Surveyors.
4. By this application, appellants request Variances from
Article XI, Section 100-119.2(B) for the construction of a new
single-family dwelling structure with the following insufficient
setbacks:
(a) setbacks from the westerly side property line at
variables from 14.6 feet at its closest point, 19.3 feet
at the southwest corner, 25 feet at the northwest corner to
the westerly side property line, and 23.0 feet and 25.7 feet
from the rear of the dwelling to the tie line along existing
southerly bulkhead, as shown on Plan I [updated January 12,
1987, and prepared by Young & Young]; O~R
(b) setbacks from the westerly side property line at
variables from 20.0 feet at its closest point, 24.8 feet at
the southwest corner, 31.5± feet at the northwest corner to
the westerly side property line, and 25 feet and 27.7 feet
from the rear of the dwelling to the tie line along existing
southerly bulkhead, as shown on Plan II [updated June 16,
1987, prepared by Young & Young].
5. Article XI, Section lO0-119.2(B) requires all build-
ings and structures located on lots adjacent to tidal water
bodies other than the Long Island Sound to be set back not
less than seventy-five (75) feet from the ordinary highwater
mark of such tidal water body, or not less than seventy-five
[75] feet from the landward edge of the tidal wetland,
whichever is the greater distance.
6. The following additional information is noted for
the record:
(a) the applicants purchased the premises on or
about March 29, 1982 for $85,000.00 [see deed at Liber 9163
cp 469];
(b) the appellants applied for a building permit
on or about July 10, 1986 for the construction of a new
single-family dwelling structure;
(c) the appellants were issued a Notice of Disapproval
Southold Town Board of Appeals -16- April 7, 1988 Special Meeting
(Appl. No. 3543 - HERZ decision, continued:)
by the Building Department also dated July 10, 1986, requiring
action by the Board of Appeals under Section 100-119.2(B) of
the Zoning Code and action by the Southold Town Trustees under
Chapter 97;
(d) on March 26, 1987, the Southold Town Board of
Trustees granted conditional approval for a new dwelling
[expiring March 26, 1988; see letter dated March 27, 1987
of the Town Trustees to Mrs. Patricia C. Moore];
(e) letter received June 23, 1987 from the Suffolk
County Department of Health Services indicating that it seems
possible "to change the configuration of the proposed dwelling
and configuration of the sewage disposal system to effectuate
greater distances from surface waters."
(f) on October 4, 1987, the Suffolk County Department
of Health Services approved construction of the proposed
sewage and water systems under references #87-S0-206;
(g) extensive testimony was given in behalf of the
applicants by Herbert W. Davids, Environmental Consultant
concerning the limited areas to place the sewage and water
systems~
(h) opposition has been received and considered
concerning several areas of this proposed project [see
transcripts of hearings for details].
7. The following information is noted having been
found after personal inspection and investigation:
(a) the existing dwelling contiguous to the sub-
ject premises to the east is presently set back 75 feet
from the bulkhead along Little Peconic Bay;
(b) the existing dwellings to the east and
identified as Tax Map Parcels No. 1000-90-2-9.1 and
1000-90-2-6 [now or formerly of Blair and Tuite, res-
pectively] are situated with setbacks varying between
32.50 ft. and 50 feet from the bulkhead along Little
Peconic Bay;
(c) the bulkhead along Little Peconic Bay
along the subject premises is in very good condition~
Southold Town Board of Appeals -17- April 7, 1988 Special Meeting
(Appl. No. 3543 - HERZ decision, continued:)
(d) the bulkhead along the northern area of
the westerly side of the subject premises is in a
delapidated condition;
(e)
the westerly
to very good
the bulkhead along the southern area of
side of the subject premises is in good
condition;
(f) the area which is unbulkheaded between
the northern and southern portions along the westerly
side property line [of approximately 50 feet in length]
and is beach area;
(g) Predominant vegetation at the site is American
beachgrass, which is an excellent erosion control plant and
which have coarse sand or droughty soils. American beachgrass
is extremely vulnerable to physical damage, and it is the
understanding of this Board that these areas will be well
protected and not disturbed in any manner;
(h) Soil borings at the site have revealed coarse
sand fill from 0-24 inches deep, silty sand fill from 24-36
inches, very fine loam and silt from 36-48 inches, and coarse
sand from 48-60 inches below the surface;
(i) Ground water appears to be at approximately 60
inches from the surface.
(j) Midway Inlet appears to contain some filled
lands at minimal heights above mean sea level.
8. This is an application for an area variance where
the standard is whether strict compliance with the zoning
ordinance will result in ~'practical difficulties." Although
the Courts have not defined the term "practical difficulties,"
in the Case of Wachsberger v. Michaelis, 19 Misc. 2d 909,
the Court said that the following matters should be considered:
(1) how substantial the variance is in relation to the require-
ments; (2) the effect, if the variance is allowed, of the
increased population density thus produced on governmental
facilities; (3) whether a substantial change will be produced
in the character of the neighborhood or substantial detriment
to adjoining properties; (4) whether the difficulty can be
obviated by some method feasible for appellants to pursue other
than a variance; (5) whether in view of the manner in which
the difficulty arose and in consideration of the above factors,
the interests of justice will be served by allowing the variance.
9. In applying the above
this case, the Board finds:
are substantial in relation to
considerations to the facts in
(a) that the variances requested
the requirements as applied
Southold Town Board of Appeals -18- April 7, 1988 Special Meeting
(Appl. No. 3543 - HERZ decision, continued:)
being variances of 66.6%, or 50 feet for the southerly yard
setback along Little Peconic Bay, and of 80% at the closest
point from the westerly side property line, or 60 feet; (b)
that there will not be an increase in population density by
this variance which would cause an undue burden on available
governmental facilities; (c) that the grant of this variance
for alternative relief will not produce a substantial change in
the character of the neighborhood or create a substantial
detriment to adjoining properties; (d) there is no method
available for appellants to pursue other than variance[s];
(e) in view of the manner in which the difficulties arose and
in considering all the above factors, the interests of justice
will not be served by granting the relief as applied; (f) the
relief as requested is not the minimal necessary.
10. In granting "alternative relief," as further noted
below, the Board finds: (a) that the variance is substantial
in relation to the requirement, being a variance of 47%, or
35 feet for the southerly yard setback from the bulkhead along
Little Peconic Bay, and of 80% at the closest point from the
westerly side property line, or 60 feet; (b) that there will
not be an increase in population density by this variance which
would cause an undue burden on available governmental facili-
ties; (c) that the grant of this variance for alternative
relief will not produce a substantial change in the character
of the neighborhood or create a substantial detriment to
adjoining properties; (d) there is no other method avail-
able for appellants to pursue other than variance[s]; (e)
in view of the manner in which the difficulties arose, the
uniqueness of the character, soils, shape, size and location
of this parcel, and in considering all the above factors,
the Board finds that although the relief is not the minimal
necessary, the dwelling structure, including liveable floor
area, decks, carport, garage, porches, steps, raised walkways,
and all other construction should be permitted within the
approved building area, and the same is not unreasonable.
ll. It is further noted that the relief, as alternatively
granted herein, is not out of character with the immediate
area and is within the average of those structures generally
existing in this immediate area.
12. Also, under Appl. No. 3697 in the Matter of
William and Paula Tuite for premises identified as District
1000, Section 90, Block 2, Lot 6 (to the west), a conditional
Southold Town Board of Appeals -19- April 7, 1988 Special Meeting
(Appl. No. 3543 HERZ decision, continued:)
variance was granted for an addition in line with existing
dwelling not closer than 32'6" from the highwater area,
rendered February 2, 1988.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to DENY the relief as requested under Appl.
No. 3543; and it was further
RESOLVED, to GRANT alternative relief in the Matter of
the Application of PETER AND BARBARA HERZ under Appl. No.
3543 for new residential construction with the following
CONDITIONS:
1. That the setbacks from the southerly yard area
or bulkhead along Little Peconic Bay be not closer than
40 feet [inclusive of all overhangs, steps, decks, liveable
floor area, etc.];
2. That the setbacks from the westerly property line
be not less than 20 feet at its closest points [inclusive
of all overhangs, steps, decks, liveable floor area, etc.];
3. That the setbacks from the easterly property line
be not less than 13 feet at its closest points (or not less
than 10 feet inclusive of all overhangs, steps, decks,
raised walkways, and the like).
4. Principal building must comply with all other
provisions of the zoning code (35 ft. height or 2½-stories
total, 20% maximum lot coverage, etc.) as provided by
Article III.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
REQUEST FOR REFUND: Appl. No. 3720 - Special Exception
Application of ANN BERRYMAN for a Bed and Breakfast.
Mrs. Ann Berryman has formally requested a refund of
the filing fee of the above application which has not been
advertised or had extensive investigations conducted.
Motion was made by Mr. Goehringer, seconded by Messrs.
Grigonis and D6u§lass, to RECOMMEND to the Town Board a
refund of Mrs. Berryman's $150~00 filing fee. Vote of
the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass
and Sawicki. (Member Doyen was absent.) This resolution
was duly adopted.
Southold Town Board of Appeals -20- April 7, 1988 Special Meeting
SESSIONS WITH TOWN ATTORNEY: The Board Members were
furnished with copies of the Town Attorney's Memorandum
dated March 28, 1988 for legal seminars once a month to
keep the Boards up-to-date on current case law and legis-
lative changes. The seminars will be held on a Thursday
or Friday afternoon around 3:00 or 4!00 p.m.
Member Sawicki indicated that he would appear in behalf of
the Zoning Board's interests upon notification.
PROPOSED AMENDMENT TO 100-119.2: The Board members
were furnished With copies of the following amendment
under Article XI, Section 100-119.2 prepared by the Z.B.A.
C~irman and Secretary, and which was agreed:
B. All buildings located on lots upon which a bulkhead,
concrete wall, rip-rap or similar structure exists and which
is adjacent to tidal water bodies other than Sounds shall be
set back not less than seventy-five (75) feet from the bulk-
head.
1. The following exceptions will apply:
(a) Buildings which are proposed landward of
existing buildings;
(b) Lands which are 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~
(c) Docks, wharves, pilings, boardwalks, stairs,
promenades, walkways, piers, which are
accessory and separate from existing build-
ings or accessory structures.
This proposed amended would eliminate overlapping jurisdiction
between the Town Trustees and Z.B.A. on all waterway or
wetland properties, leaving wetland areas without bulkheads
or similar barriers within the Trustees jurisdiction, and
all other areas within the Z.B.A. jurisdiction.
EXECUTIVE SESSION: The Board briefly discussed anticipated
liti§ation in~olv~n~ zoning'for approximately five minutes.
The meeting adjourned at 8:25 o'clock p.m.
.'Approved - May 12', 1988 '
nnPeCt ful ~y~ submitted,
da Kowalski, Board Secretary