HomeMy WebLinkAboutZBA-06/13/1994 SPECAPPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A, Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O, Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
MINUTES
SPECIAL MEETING
MONDAY, JUNE 13, 1994
7:30 p.m. Work Session - File Reviews - No action was tsken.
7:45 p.m. Special Meeting - Call to Order by Chairman
A Special Meeting was held by the Southold Town Board of Appeals
on MONDAY, JUNE 13, 1994 commencing at 7:45 p.m. at the Town Hall,
53095 Main Read, Southold, New York 11971.
Present were:
Gerard P. Goehringer, Chairn~n]Member
James Dini~.io, Jr., Member
Richard C. Wilton, Member
[.inda Kowalski, ZBA Clerk and Secretary
Absent were: Serge J. Doyen and Robert A. Villa, Members.
I. Cynthia Sutryk was present at the beginning of the meeting and
asked if she would be permitted to ask questions pertaining to the
Board's hearing and decision on her appeal application under A~plication
No. 4235. Ms. Sutryk indicated that she felt she was mislead at the
hearing (by the Board) that the Board would not legally restrict the
number of animals she had at her property. Member Dinizio said he felt
the Beard could limit the number of stalls, which is limited' on the size
of the building, and that it was believed she needed two stalls, and
therefore, two horses. Ms. Sutryk handed up a letter requesting a
rehearing of her appeed which was decided on June 8, 1994. The Beard
members were agreeable to a rehearing based upon the statements made
during the last hearing, and the following action was taken:
On motion by Chairman Goehringer, seconded by Member Dinlzio, it
was
RESOLVED, to GRANT the request of Cynthia Sutryk for a
rehearing based upon misunderstandings or misstatements made during
the public hearings under Appeal No. 4235, specifically with reference to
Page 2 - Minutes
June 13, 1994 Special Meeting
Southold Town Board of Appeals
animals and the number of animals permitted or limited by Code.
VOTE OF THE BOARD: Ayes: Messrs. Goehringer, DJni~.io and
Wilton. (Members Doyen and Vill~ were absent. ) This resolution was
duly adopted by ~rnaoimous vote of the three members present.
DELIBERATIONS/DECISION: Appeal No. 4236 ELEFTHERIOS
PAPPAS and OTHERS. Thin is a request for a variance under Article
XXIII, Section 100-231, based upon the April 19, 1994 Notice of
Disapproval (updated from September 21, 1992) for a permit to construct
fence/gate and gate post which will exceed four-ft, height requirement
when located in the front yard. Location of Property: 68755 C.R. 48,
Greenport, NY; County Tax Map Parcel No. 1000-33-5-14.
(Continued on next page)
Page 3 Minutes
June 13, 1994 Special Meeting
Southold Town Board of Appeals
ACTION OF THE BOARD OF APPEALS
Appl. No. 4236:
Matter of ELEFTllERIOS PAPPAS and OTllERS. This is a request
for a variance under Article XXIII, Section 100-231, based upon the
April 19, 1994 Notice of Disapproval (updated from Septem-
ber 21, 1992) for issuance of a building permit for the fence/gate and
gate post, as built, which exceeds four-ft, height requirement when
located in the front yard. Location of Property: 68755 County Road
48, Greenport, NY; County Tax Map Parcel No. 1000-33-5-14.
WHEREAS, after due notice, a public' hearing was held on
May 4, 1994, at which time aB persons 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
WllEREAS, 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 height variance application, appellants request
approval of a fence and fence posts which have been constructed wiihin
the southerly front yard area of the applicant's property exceeding the
four-foot height requirement. The front yard area faces Middle Road
(a/k/a C.R. 48).
2. The fence, gate and post construction is metal. The
applicants' sketch received April 28, 1994 (and.photographs) show the
fence gate eight feet high (at the center) and the fence posts at 10-1/2
feet high. The length of the fence is shown at 33.6 feet.
3. The copy of the minor subdivision map amended August 5,
1982, prepared by Roderick VAnTuyl, P.C. submitted for consideration
in this application shows that the total land area to be 2:207 acres,
which consists of Lots No. I and 2. Lot No. 1 consists of 1.068 acres
and is improved with a two-story brick house and accessory garage
building. Lot No. 2, which is the subject of this variance application,
Page 4 - Minutes
Special Meeting of June 13, 1994
Southold Town Board of Appeals
consists of 1.139 acres and is vacant land, with the exception of the
fence, gate and posf~ built without permit(s).
4. This property is located in the R-40 Low-Density Residential
Zone District.
5. The relief requested by this application concerns the
requirements of Article XXIII, Section 100-231A of the Zoning which
provides that "fences, walls or berms ... when located in the front yard
of residential zones, the same shall not exceed four (4') feet in
height .... "
6. It is the position of the Board Members in considering ~this
application that:
(a)
necessary;
the 10.5 ft. height as requested is not the minlmura
(b) there are alternatives available to place the fence,
gate, and posts at a much lower height;
(c) the amount of relief requested is very substantial as
applied, being a variance of up 100 percent for the fence gate, and
more for the posts;
(d) the grant of a variance of thi.~ nature will produce an
undesirable change and alter the essential character of the neighborhood
in light of the fact that the character of the area consists of vacant
lands, open lands without fences, and other lands with fences within or
along front yards in this neighborhood at heights of approximately four
. feet;
(e) the alleged difficulty was se]f-created in that the
entire fence construction was purchased and constructed without permits
from the Town and contrary to the requirements of the zoning codes
pertaining to height; and
(f) the relief requested is not within the best interests of
the surrounding neighborhood, health, safety, and/or, we]fare of the
community, as applied.
NOW, THEREFORE, on motion by Member Dinizio, seconded by
Member Wilton, it was
RESOLVED, to DENY the relief requested, in its entirety for the
reasons noted above.
VOTE OF THE BOARD: AYES: Messrs. Dinizio, Wilton and
Goehringer. (Members Villa and Doyen were absent. ) This resolution
was duly adopted.
Page 5 - Minutes
Special Meeting of June 13, 1994
Southold Town Board of Appeals
ACTION,, OF THE BOARD OF' APPEALS
Appeal,-- No~ q.~;
Appl~on of~ ALEX AND, MARl,ON WLPF. This is-a requests,for
a variance under Ar~tic4e, I ! !. Sectio~ 100r33(~ fo~ pa-miS to
loc. ate. an accessor-, gar~ge-~i~h., a .fro~tya~ se~a~, ab I~ ~ t~
r~ir~: ~. ft. fro~y~d s~, This p~ is.,~~,,~n9
with a Io~ ap~,of~ a~~~ 21.'~ sq~ ~. a~ f~ ,~ 118
ft. L~t~n~of~P~y:- ~W~ C~A~ae. Cut~
~un~ ,Tax M~ P~ No~- 1~-1~13-7.
WHEREAS; public, hearincj~ were .hetd, on May ~, 199~ arid. Juae 8.
199&. at~ which time-al,E: persons?wh~ desired to- be hem-~ wer~-heam~
and
docu WH.Eg~A$, ~ B .o?'d has _care~uily~consida~a~al[ testiaeny-~and
me~ -submit. cxmce~nl~ra~ this-aPpli~ioar: and,
WHERP~A$; 'Bomrd Members- ha~e,,p~b/= vie~e~, and: ~r fairia'
with the pm~ei~ ;in~questio~, its p~ese~-zo~i~j, anti, the surretmd~
lng. a~eas;-..and
WI~EREAS; the, BOa~rd-made the fo[le~ing findings of~ fa~t:
1. The, the weste~-si~e
of~ West Cr~ee~. 118Yfeet. hevLqg~.a
frontager*aleng, west,, C~ ~ f~t (a~ a -:tie
line}, a~-h~ ~ ~. o~ 21 ~. ~ a
al~g:~ the~ hi~ ~'~ ~- cr~ [ by R~
2. Submitte~ fo~ consideration is ~a ~cop¥-olL a ;196~ sur~vey ,w~th
a peaned-ir~draarin~,of~,the generate; a~ea,.otS~ the prepese,~ 2t~ft. by
2~--ft. a~ gatrage ink, the fro~t yar~d, ar~a.
yat-cl. Rise shealrt, is ~an exisU'ng~ twe~sto~ siRgte~famit~r, frame heuse
situated 93~ feet, from,.the front :property~,lin~ 22+- feet frem the
southerly side peoperty? line~ 33+- feet from the n~y side
Page 6 - AppI.. No. 4234
Application- of ALEX and -MAR ION- WIPF
Decision Rendered. June 13. 199~
property line. and 70+- feet from the rear property .line, which is
also shown or~ this, 1969. sur~ey to,be the ordinary high-water mark,
4. Articl:e,*lll. Section 100-33A of. the Zonin9 Code provides
that:
that:
accessory buildings and-structures-or
other'-accessoryuses-~shal,1 be]0cated.~in.the
required rea~yard..., and
Article III. Secti'or~ 100-33C of~ the Zoning Code provides
·..accessory buildings and structures or other
accessory uses shall, be located in, the
required rear yard. subject to the,. following
requirements;..
C. In the-case of, a waterfront parcel,;
accessory buildings and structures may be
located in-the frontr-yard, provided that such
buildings and structures meet the front-yard
setback requirements as. set fc~rth by. this
5. Section. 100-2~1B provides for a minimum forty-(40) ft. front
yard setback requirement in, this R-40 Low-Density Reaidentiai. Zone
District for properties- which ,are single, and separate, ownership, and
established, az a legal- nonconforming lot. of-' over. 20.0OO square~ feet
but less. than 39~999 square feet.
6. By this. 'application. appellants are-requesting to locate a
proposed 'free-startc~in~ acces~ ~]araqe_ as amencied frm~ tha n~inin~i
~n ~.request ,at 18 feet.~ to 28 feet from the front property line at: its
~S--~:,.po, nt.L. The amended Sketch was received, on June 3. 199[L.
er me ,apl~l~ ~ants ,were encouracJed by-Board Members at 'the May 4..
1994 hearin to con ' · ' - ' '
; g . sider an- alternatlv ; setback
. , . e at a greater distance
i~nstead of an 18-ft front yard etbacki
. , L- s ..... ~ ....... ~,,-.y when there is
adequate land area ~s avadable-to position the building without a
variance (with, a U0-ft. setbaci~].
19 ~'' 7.__T.he a..pplicants then Submitted a sketch., amended o~ June 3.
u~. snowing the proposed 24 ft. by 2q~ ft. garage with a setback a~
ee. th.e pro y ,ine and from the
rrner~y property ~me. It ~s the opinion of the Board Members that
tcl~ .area c.h.o=s~e~ is n.o.t.t, he~_minlmum n.ec=_e~_sary and. find, that~ there are
~l~a.t.~er.~seToaCK. S avall, ame.ln, the~ same front yard area mUch closer to
qu~rc, requirement.
Page 7-Appt.. No. 423~
Application of ALEX and,MARION WIPF
Decision Rendered June,t3, 199u,
8. Also. in considering this*~ application, the Board finds:
(a) that the, location of~ a garage, at,. 28 feet or less from the front
property line will; create,an undesirable change and precedentsin~the
neighborhood and nearby-,- properties; (b) that the relief, as
requested, is, substantial;::at~ 30-percent;. (c) the reasons.~furnished
by appellants are not sufficient to. warrant a grant oft the variance
requested; (d) there are alternative- setbacks, possible, and land
available; for appellant to- pursue which would- be mere, feasible.
under the circumstances;. (d} the Iocatio~ requested is not within
the character of the-immediate area; (e) the intent of-this-recent
change in the zoning code-added December 22. 1992 under Local
No. 33-1992 is to maintain~ and continue the established principal
setback_ line in. residentia~ neighborhoods, and to allow accessery
buildings landward of~ the existing residence on waterfront parcels
without-the nccd for a variance;- (f) the grant'-of the alternative
relief noted, herein is adequate and at~ the same time preserves and
protects the character of. the neighborhood, and the health, welfare.
safety end welfare of the community.
Accordingly; .on motion by Member DinizJo. seconded by
Chairman Goehriger. it was
RESOLVED. that the requested, reduction in~ the front yard
setback from ~0, feet to 28 feet. as amended, or, less. for a proposed
additiona~ accessory building as-'requested under Apph No. ~23~ in
the Matter of~ the Applicatiort filed by ALEXANDER and MARION WlPF-.
be and hereby .is-DENIED as applied, and be it further
RESOLVED. that the following ALTERNATIVE RELIEF be and
hereby is granted:
1. That the. proposed 2~ ft. by, 2~ ft. accessory garage
building be: located at a setback no closer than 35 feet to the front
property line at~ its. closest point.
2. That the subject accessory building b~ located- at~ a setback
no closer than five feet to the northerly side property at its
closest poiet~
3. That plumbing, if proposed at some point.-in time. be
permitted with the understanding that it is. limited to use at the
exterior of the building (such as an outdoor shower or~ hose) on the
westerly, side {facing the water and the house}.
That electricity is permitted.
5. That outside lighting, if any. must, be shielded to the
property without glare or disturbance to nearby areas.
Page,8-- App,[. N~. 42=3~
Apptication - of--ALEX a~d. MARION-, WtPF
Decision Rend~Fe~ June-t3_. 199~
6. That th~hei_~ht o~.this~ a~cessor~ buildings, shai[~not~ e~ee~
the 18=ft. height restrictio~ from~ naturaF~g'~am~, le~e[~ to, peak.
7. That the use- of~ this,~-buildit~j~,shai~,be limited,: to
storasle:and~o~ ~-'US~'r~-as ~,,~C~, by-Sectior~ ,10{k-31~C
to a~ b~.~, ar~'~ s~t~ .n~ b~ u~ fo~ h~e~ o~ o~
un~ z~:
8, That~ this, va~ia~ce--wilk ex, aired-tam ,yea~s f~-~,
the filing o[~ t~s,.,d~,.~ w~ t~ T~ Cl~.'s ~i~, ~
~~ for, the s~j~. ~~ g~ b~g.
9. .Tha~ :future, e~ara3eme~t, or~ e~~ of~ thebuilding
(to mere -tha~ th~ .requeste~ size~-o~ 2&- ft. by, 2~,, ft. ) wi~,; requ'w~
further applica~io~ and~ conside~a~ima by,the. Beard of~ Appears,
Vote- of~ .the Boated: Ayes:
Goehringer.. (Members, Vilt~: and
resolution, was daty-adopted.
!~.~ Dir~izi=, Wiltea and
Doye~ were abse~t~.~] This
Page 9 - Minutes
June 13, 1994 Special Meeting
Southold Town Board of Appeals
ACTION--OF THE BOARD OF'APPEALS
Appeal-~ No~
App[icatio~ of~, RICHARD LAN. This-is~ a. requeat~fo~ a
Variaace,-under Article, IliA; Seetio~' l~-~,q ~ref'; A~i~-~*iil.
S~i~' 1~-33') ba~ u~ ~e--~y.~ 1~ N~i~-~ Di~~
~e Bui~ ln~ in~ a,bui~ pe~t: a~~ to
u~. L~a~-~: P~: 230 Br~ ~. Cu~e,,-_ NY:
~unty~Ta~:, Map Par~ No. 10~-111-1S-1..~ and 1.S (Ta~ ~. ~1
No. 1.~ ~ls~.2.a78 ~ ar~ P~'c~ No. 1.S ~ 1.~ a~}.
The su~ p~ is. I~ in. an R~ ~~ R~i~
Zone, Dis~.
WHEREAS. a publi~*,hem-ing was held~or, Juae 8~ 199~. a~ which
time air-persons~wh~ desired robe heard we~e,hear~, arid
WHEREAS~ the Beard has carefully- considere~ a[L,testg3mmy-ar~d
docu~~ submitted,, com~m~ this, appl~:a.d
WHEREAS~ Bea~d,~- Members Ir'ave. peesen~ly-vi~ and, are~f~liat
with-, the p~sesin~ ~t. io~;. its presen~-zo~ir~, a~d; th~ sum~m3d~.
lng ar~as; and
WHEREAS; the Board made,the, fotlowin9 findings,,ofi fa~t:
1. The pt~=mises ~ in.~. ~ is ~= a · describe~.
lo.ted!, at-~S5 Ba~ Roa~; .NaSsau
and, consis~as o~ a .: tota~ Io~. a~ea~ of~L 3.566 am.
premises
la~d
subject
2. Proposed b~,..this~-=v~aace.ap~eatio~ is~a ,:20 ft. by,S2, ft.
accessor~ ,-s~immia~. pe~ ~ur~--. wi~h~ 20~ ft-. by 10,~E. o~.: d~ ~
the~ e~t side a~d~: 15 ft. by~ 15 ~. o~ d~, ~ ,t~ ~ side. all
of~ wb~, is.,;~ b~ I~: ~ f~ f~ ~ fr~t~ ~~
line,--at i~ cl~ p~, (a~ 5& f~ to~.t~ ~ ~ ~ t~
pa~ :~ Bay~y ,~R~.
3. Artide~ III. Sectio~, 100~33A. of~ the Zoni~ Code, provides
that:
~age~:L0- App}.~ No. ~2&1
AppiJcatio~ of~ R[CI~ARD~ LAN
Decisio~ Rendered Jura,.-13. 199~
3. That the~e.b~ n(~ overhead or~ other lighting- ~ is.:~adv~
to~ n~h~i~ a~=; al[r lighting~ mu~ sh~ to the- p~
wE~ut gla~e o~, di~~ to
4. That,-the, s~r~, froa the weste~iy~-(front); p~operty ~tine be
no closer than ~5..,feet~ for. r thi~ pm)pose~; s~mm~ pee~. stcucta~e~ at~
its closest point,
5. That this~,va~iam:e~ ~ilt;~ e~pi~e~ t~e ,years :frea ~th~
the filir~j ~ th~-: de~wn~io~ with the- To~n~ Cie~k~s.-.Office. except
when a ,buildin~ permit has been preperty obtained and
commenced for., the,subject accessory structure,
6. That future - er~je~l~tr o~ expansk~, ~ o~ the ·
andio~ conve~simt-~ to. o~ additiort ol;~. a'.. bu~ldim~. ~1'[,~.. r~
further applhsatio~ and~coasideratio~ by~.th~ Boa~d
Vote off the Beard: Ayes:.
Goehringer. (Members~ Vill~ and
reselutioR was ~du[¥,-adol~e~.
Mess~s. Dinizio~ Wilton and
Doyen were absent;,) This
Page 11 - Minu~es
June 13~, 1994 Special Meeting
Southold Town Board of Appeals
FINDIN6S AND DETERMINATION
Appt. No. 4246 - LKC CORP. This is a request for a Special, Exception
to establish. (re-establish) a drinki, ng estab[[sh~n~j: use as~listed under
Article XI. Section 10(~-101B of the Zoning-Code,,in an ex~isting principal
building. The subject premises ts nonconforming with a lot area of
approximately one-~hal~ acre-and~ 115+- ft. frontage.~ate~g, the-no~h side
of the Main Road,. and~ is~ Iocate~ in, the-B.Gene~al-- Business Zone Dist~rict.
Property Address: 6955.M~in Road. Laur.el; NY; County Tax Map No.
1000-122-6-36,;
WHEREAS. after,,due-notice.., a public ,hea~ing~; was-hel¢l., on
June 8. 199~. at.which time all, persons who desired to be- heard were
heard; and
WHEREAS. Article IX. Section 100-101B specifically allows a
"drinking establishment" in this 'B~Gene~al Business Zone District; and
WHEREAS. the -prior use, of the subj. ect building, a~ ex, ists, was for
a drinking es-tab:tisbme~t-known as "The Raz-Ma=Taz'~' and which was
established under the zoning code ~in effect prio~ to. January 1989 and
which did not require a .Special Exception or other Zoning Boapd of
Appeals action; and
WHEREAS. the Board-~ has considered the general standa~cls listed- at
Section 100-263 of the, zoning code~ and de~er~n~nes that:
A. That the use will not prevent the orderly a~d. reasonable
use of adjacent 'prope~ti'es or, of-proloe~ties,in adjacent use districts;
B. That the,, use~, will not prevent the o~de~ly and' reasonable
use of permitted- or legall,y established uses, in the distr, ic~ wherein the
proposed use is to be located or. of permitted or~ legally established uses
in adjacent use,districts;
C. That the, safety, hearth, welfare, comfort, convenience or
orde~ of the town will not. be ad,veFse[y affected by the,pFoposed use .arid
its location;
D. That the,, use. will be in harmony with and~. promo~ ,, the
general purposes-and intent of this chapte~~ (See notatior~s~ infr"a);
Page12- Appl. No. 42-46
Aplication-of LKC CORP;
Decision Render,ed June,13, 199~
E. That the-use-will be compatibl~wi.th, its s~rrou~dings and
with the, character- of- the.~ neighborhood and. of. the~ community in, genera[~
par,ticula~l¥ with regar, d to .visibility. scala, and: overal~ appea~a[~ce;
F. That the building; in which the. proposed-' use~ is hereby
authorized must be readily- accessible,~for fire. and. police Protection.; and
WHEREAS. the surround~ng~ area-consists of the.followfng: uses and
)~_s!ne_ss: (a) to the-west are a caF.'wash, facility, car repair business
t wet}. masonry and. landscapin9 businesses; (b) to the east a~e
Kreiger Well ~ Pump,. a. hobby . shop with retail- sales, a newspape~
publishing and distr,ibution ce~tter,; lc) to. the ~south, is the,Main,, Road
and to the southeast is a gasoline service s~.ation with accesso~
convenience store. (d) to the.north-is the L.I. Railroad;
WHEREAS. the Board Members in making this determination, have
considered subsections--A to P. inclusive, of Sectiort 100-26L~, of the
Zoning Code. and finds that addi, tiona[ conditions-and saf, aguat~ds are
necessary and are hereby incorporated in this p~rmit, as, furthei~ noted
below.;
NOW. THEREFORE. on motion by Chairman Goehringe~. seconded by
Member~ Dini,zio. it was
DETERMINED, that the~within application mee~s alt the ~standarcls and
use provision o~ the zoning~code; and it was-further
RESOLVED. to GRANT a Speciat~. Exception. for the (re-instatement
of) use as a drinking estab;l~shment pursuant to Article-XI. Section
100-101B. and SUBJECT TO THE FOLLOWING CONDITIONS:
1. The owner, and/or operator of.this propesed establishmer~t, shall
provide par,king, attendants during: ~high-occupanc? hour~ [especiaU¥ for
evening events) in o~de~ to~ direct vehicles for appropriate par,king, on
this parcel: and to~ the, adj°in~incj,: Crenshaw.. parcel t~. the, west. ar~ct~-~vith
all efforts shall, be taken in avoiding, hazardous-.~or~, unsat~e Condi. tions-to
the customers, the travet~ng.~, public, and. adjoining prope~ty~owne~s in the
area;
2. This SPeciaL. Permit ~is based upon~ the mq~imu,m:~occupa~cy of 75.
persons totals, at thes.e~ premises, at'. any one.time:- Any increase in this
_maXimum-per. hiLLed occupar~cY (estabLished by the Suffolk, CoUnty
Department of Health services) may require further apptication and
rerconsiderration by the Boa.~d-of Appeals. the Plannincj Board; and' other
agencies having jurisct~ction hereunder.
3. Over~low pa~king must be availabl~ on, an< adjoini,ng- par,col:.
Presently. this permit-~ is subject to the limited two-year lease- for
overflow, parking on the Crenshaw~ parcel to the~ west. Further
Page :t3- ^ppi. No. 4246
Aplication of LKC CORP.
Decision Rendered June ~13. 1994
consideration may be required in the event sufficient parl~ing is not made
available.
4. Owner and/or operator shall furnish a writte~t detailed
statement.' under oath. as to the number of-persons occupying the
premises at any one time during the.next 10-month period,~
5. The occupancy at. this, site shalt be limited to 75 persons>
maximum total [buildi,ng and outside areas), as requested.
6. This permit shall expire on July 31. 1995. and may be renewed.
after a .further public hearing and after~ further Board' consideFation of
all. the Zoning Code standards and considerations listed at Sections
100-263 and 100-26[~ pertaining to. the effects of. this use.
7. Based upon the Code of the-Town of Southold. the use of the
premises is limited to only one principal use.
8. This Special Permit is subject to the. owner and/or operator's
obtaining written approvals, from the Southotd Town Plann}ng~ Board. the
Southold. Town Building Delaertme~, Suffolk~ County DepaFtment-of Health
Services. and any other agency having jurisdiction thereunder before
occupancy;
9. The buffer zone., area shall remain as shown (any change will
require review~and approval by the Zoning Board Chairman);
10. All lighting must be shielded to the ground,and not be.ad~veFse
to neig.hboring areas.
11. Parkin9 shall be limited to this site and the.adjoining Crermhaw
percet~ [during the term-of the lease or agreement). Without parking.along
the shoulder-, of the , Main .' Road , or other unauthorized areas;
12. Additional or overflow parking must be valet-type (with
attendants). Additional or overflow parking is necessary b~ separate
written agreement with the owner of armthe~ neaFby land,
Vote of the Board: Ayes: Messrs, Dinizio. Wilton and Goehringer.
|Membe~ Villa and Membe~ Doyen; of, Fishers Island. were,absent-.) This
reselution was duly adopted.
Page 14 - Minutes
June 13, 1994 Special Meeting
Southold Town Board of Appeals
ACTION,OF THE BOARD OF'APPEAE-.~
Ne. ~2,qO;
Upon Applicatio~ oft JOHN CROKOS. This is a ~request~,fo~ a
Variance, to the Z~ Ordi~. un~ A~icle: XXIX.
the Buitdi~, I nsp~r fo~ ~~ ~: !~..
fen~ e~~wi~ 1~. f~ ~.~. ~, bl~ a~:.the ~, ts~
2/23/93. The s~ p~ ~ is..~ i~ with a
I~ a~}. L~ti~ '~ P~: 2110 Grand Vi~ Drip. Orig.
NY; Lot No. 7 ~ t~ M~ of,, G~ V~ E~; ~ty Tax M~
Pardi No. 1~-1~-2-3.11.
WMEREAS~ a :publi~.. hearin9~,, was .held. on June. 8. 199~ at~whicfl
time all ~,:: whe desired to be heard wet, e~ heated-, and:. their
testimony-recorded; and
WHEREAS; the Boa~cl has carefully· coflsldere~ alt_ testimony~ and
documentatio[~ subm'~tts~ cot~erni~g this-applieatiofl~;
WHEREAS, Board Members have. personally., viewe~ ar~cl a~e
familia~ with the premises, in. question, its present zoning, and the
smcroundi~g ar~eas;, and
WHEREAS; the Board made,-the foi,lo~ing finding~
1. AREA VARIAN~Eo This variance apl~On w~ filed~ on
May ~ 199~. and is, request; ,to further vary th~ p~ reviousactio~-r~.,o~
this. Board conc_~ning, the Ioeatiofl, off an ingrotmct swimming,, pool and
related., atruct~,-: as' re.derek:
(a) February 23. 1993 un~ Appl. Ne. ~lq~ and
(b) December 8.. 1993 un~ Appt. No.
2. BASIS OF APPEAL. The Building. Inspeeto~s Notice of~
Disapprovat upm3 whi~ch this ,, near, Appeel-~ APlath:atim3 is,~,~base~: is~- ~
May. a~ 199~.
3. CODE REQUIREMENT: Artici~-~XXlll; .Section.. ~100-23~.~A~ of-:
the Zoning Code requires ali buildings and strdatures 1~ o~ ,lots
'Page., 15 Appl., No. ~2/~0
M~rLer-of JOHN~ CROKOS
Decision Rendered June--13. 199~
upon which there exists a .,bluff o~:,~ bank~, la~d of~, the. she~e or~
beach shall be, set bank not less than one hu[~dred [100) feet from
the top ~ such bluff o~. bank,
· ., PROPERTY DATA. The premises in-, .queatlo~ is ~-,.situated
north of,~ Grand~ View, Drive:in~ ,Orient and is~,sheam, a~ Lot, ~7 on the
Major~ Subdivisio~ Map of~ Gran~ Vie~ Estates,- ancL
area. of,~ ~. 13~ sq~ ft. The subject premises was vaea~t~ up~ to,,.about
July 1993~ at. which time constructio~ was~:~ for th~ ~r~j
two-story~ single~famRy-:,daml~f~j-~ (near comptetio~)~ Property:and
buildiRcj~ detaiis~ are mere, pa~ticula~Jy~ shown.,- on-tlr~ April. 28~. lgg!t
site plan, ,map~ prepaeed by Kei~ Sandgre~. ~A~ =and~ neted: as
follows:
a} the parcel has a :frontage? |lob width)~ of~ 16&.O~feet
almag Gr~nc[viear,. Drive~ 157+- ft. width_ at~ th~ dwel~iflg satb~k li~
and, 138~50~--feet in,width alo~ the top off. the bluff a~ea;
b} the. depth,~ of~ the, parceE frem th~-~front ~liRe to th~ top
of the.bluff- is ,a dista~ce:of~ 20Z+- feet;
c) the. deepest portion (west. end} of. the~ foundation is
6~~-r feet; the ce~te~,- depth o[ the foundation dm to~ 30,. feet;
the east. end of~ the foundation h~e~ a depth, of~: ~3+- feet:
d) due .to. the angte..:,of~ the dwetling foundatio~ ,and the
vaHafions~ in the d~~:- ~ the foundation, setbacks ratty
considerably: ~ ft. setbaek~ a~. the~ easteHy~end~.of~ th~ exJsfiraj
dn_~....r[!ng;Tf~_un, da~..i ~o?~ Uet.w.~ the fren.~ property ii .n~.-. a~ Graadview
urrve~ 1~ tent from the eesterty, s~de property, hne. 32+ feet from
the westerly~ side property line. and 96 feet from the toF- of~ the
bluff aleng Lmlg Is~an~Sound::a~. its~closes~ poi~t~ s~al~ the
westerly~ end of~ this-, foundation a~e shoe- to~ be 5(~, feet from the
front -property ~ line;
e} the open iaad~- a~ea between,, the foundatio~ of ,the house
under construction af~, the top' of~,~ tbe bluff Varies frem 113:5+- to
1.09+- feet to.~96: feet ab the deepest, ~measur~ [and' 10~+- feet at
the ce~te~ point ofithe pr~pese~ po~
5~ PROPOSED VARIANCE:. dept~.
measurement of~ the p~, peo[. at ~s, 2~
feet and~ whe~ lo~ate~
house,,: line, is~66
feet. The, amount~
setback requir~m~ is~3~ feet, o~ 3!~ of~ the. requirement for~ the
I~tion of~ a proposed* ingrom~l~ poo~ ~eo
HISTORY OF EXISTING CONSTRUCTION~ On ljurle,-23,
1993. Buildimj Pelc~llitlllNe- 21q~J~' for the construction -of~, a ~103+- ~l~
wide by, 61~+- ft. deep dwe~rn~) wi-th vaHatioe~due.to:. ,the
Page. :L6 - Appl. No.
M~r~ Of JOHN~ CROI~OS
Decision,, Rendered. Jun~,t3,~ 19~
a~chitecture, layout;, aRd; design~ of~ the building, entranceam-/rs~
lands=aping, and exteflsions~ altr, r~ par~icula~Jy shown off, the
ApriF 28, 199q site plan map sub~. with this appli~a~ioR.
substanfiar~ized dweflhqg was issued: iNa. 21q9~), for a.garage,
decks and. raised: platfo~ extending from elevated lamJscaping
retaining~ walls,.
~ . . A second surveyr showing the fou~, as
cons u?ed. ,s dated .October a. end she.s the. concrete
· ou. nd~..'o~ ~ .the. dwerhng angled to. tske<-, fult advant~3e b~, the
water~v~ews ot~ the Lor~, Isla~ck~ Sound~.
,.7.. PRIOR .APP.EA.L.~.. Under t~o previous~ appH~aUons~
apprrca~t requeste~ re~luctmns<to, 62~ feet from th~ top ~ the b~,
which were both-denied~ Alternative. relie~, hcm~ver, was-approved
these appri~ons~at.le~ing red~ctioR$ to.. 75 feet, and~ .la.~ to~ 70
fr.o~ th~. ~blu~.:.._t_o the, proposec~ pool, a~ its closest~ I~oints.
e~..: Rppem ~o. ~qu and Appeel~ No. ~20~. ) There has I~tera?y
~ · ~. November 10~ 1993:- Map S-2 prepared~ by KeUer-~ Sam~
Associate
8.~ CURREN~ APPEAL Requeste~ in,. this,~- third va~iaflce
apptJcatio~ is r~iofl to,~ 66~ feet al~ its closest point~ for the
prol~, sed. ingro~ s~mm~. The feace~ ~er~los~ ,is. not, sho~n
.on the. site, p.L3a mapr.S_,,-a~d, wi~, be subject to revie~ b}A,-the Buitding
~nspector and compEmnce with all, codes at~ th~ time, Of~ making
application for the, building, permit for the fence, er~dost~re,
9. SITE INSPECTION(~S}.
(a} , off, the site?revea~ed~_ that most:* Of~. th~
face is~,= ShrubS.~ From tbs, street, the, lot el~
rises several,, feet:, a~d~ fla~out- over most of~ the land; 25,
feet above mea: sea le~e~;, There is.~;pr~Uy-a,slight, berm
the bluf~ top ~edge; the e~iStin~ ~ is ,away-, from the. bkuft
The bluff a~eas must be p~ot~; and res!tad~ ar~
lands=aped, ~ ,mus~ be done-to:, keep surface wate~ runof~ di
bluff
to -26
face.
away from the blufl~ fa:e, A continued Iow. b~-m: a~ the, toF edge
woutd: help, to ensure no, ~- runo~. Also~ ~res; wi[ ~. need
to be take~ to~,either truck the poo} water of~ site,. _o_r_.:~p~
instal[ d~H~.~dr~ins:, as farr as possib~: from the
erosion- hazard-Iin~ i~effeet fo~ this,~area~ coas~a~[ zone
/
(bi
four lots. 'sta~ira~. !o~ immed~*,,
t~. the ea~ ~hi~h a~e ~va~a~t; als~.. Uiere are
s~tu~ on tv~ lots appro~,~, 200 feet~ and r-.m~, to the,
,an.a,._wn_, ,c~. were* ~ted.: a ;conditiefla~..var,mac~ irr,,,,1985~,, and. 198~[ (reft.
~ =u~- ;eet; rui~thelr eat Of~ these v;~irtt Io~s:-al~e t= n~
whie-b contain~ structures~ wil:h reduced
(Montac~Uj) for, constr~-tia~t ab 80+- feet from' ,the .top of L the bank
and: Lo~. 2~- CJpJtelli Bros..;
page 17 - Appl. Ne.
Matte~~ of? JOHN CROI~OS
Decisior~ Re~ Jur~e,'13. 199~
{c) It is personal--;knowtedg~, and through: tow;t re~ords~
that this, bi.uf~ area is~subje¢L .to~: erosioa, and' in the~ past~-~the, btuff
ar~as in~- this,:,vicinity have-.been damacjed: Eros[o~ off this~nature,,has
lead to.-the er,~=tment, of~ the Coastal Zoae..Mana~jement~.Law~ (Ch, 37}
of the Town ~-by the State. and Federal; Govt. for
properties fronting along th~ Long Islam~ Sound,
10. EFFECTS OF RELIEF REQUESTED. It is the. position, off, the
Board that:
(a) the e~cte~si~s :. off elevate~ landscaping;, with
st~uc~ural, bar, rier~, tmjethe~~ with the location., size, archite¢ture.
and ger~eraL layout o1~, the,-new~3e const~,ucted dweUi~¢~, explir.~
create the di~culties in this~, application~ for the propesat of~ an
inground pool: of,~ this size,and co~figuretio~, to wit: 2~ ft. by 38
ft, at: its widest points;
(b) the setback at~:66~ feet is -, substa~ ; in~ reta~|oe ~to
the requiremeats;~.~ i's~ 3~ percent of~ the requi~;-
(c) the gra~t~ ~ the. entire relief- wilL, alter the
essentiaLch;~-acter of~, the n~ since man3r_of:~ the parcels
are vacmat,~ and~ Other, gr~er setbacks~:thau ~ that
.pro .p~_.sed by sir~e~ the chara~, of~: th~ ne~~
~s w~th setbacks at~ 80-to 9~ feet* from the top of~ the blb~f;
· [d) it'is~,persemml~:knowtedge, arrd'.:*throucjh town,,reeorcls~/
that this-..bl~ are~- is.. subj~ tc~.. erosion,, ar~=* in~. the pas~. th~, btu~
ar~s have,~-bee~ damaged - leadiag~ to~ th~ er~actmen~
of the ~~, Law~ [Ch;- 37) o~ the ,Town, as
~.,~. b~~ the Sta~. and~ Federally.. (~overnmet~;. for p,-roperUes
· rontrng~ along~ the,,LOm~ island Soun~
(~)~- there, .-is~ usable~4aad,~ a~ea ~ava'r~able. as~. note~ herei~
betweer~ the~ foundatio~ o1~ the,-heuse,ar~d the blu~ fora ~distaaoe-,of
approX, imatel¥~. 1
(f)
size of+ the dwel~* and:·
the last, 11 months and~.~
s~ and bUi~m~s at~ leaSt~~ ;11
(g) there are.alt-~es- for appeHar~ts..*to~ purs-t~e`- such
as con~cting a ~:smailer. peoi. re~tucing~ laa~g ba;r:re~s.~ or~ to
locate-a,,sim~la~ recreatio~dc~,.,,~ture~,,{iala ~ spa. etc.) closer
than. the pr~seat~.,18,,,feet .dista3nce to. the actua~ ciweilim~:
'Page .18 - Appl. No. i~2qO
Matter of~ JOHN< ~CROKOS
Decision Rem~e~e~ June~13. 19Sq
(h) the difficulties claimed a~e personaF in~ nature to the
landowner rather tha~ due to the uniqueness oF~ the la~d_ since the
owners wi~t. not be deprived, of, reaso~dale~ use, of. a ~s~imm~.,.(o~
other struch;re): north orr the house,,- and wh'-~q relocated- to-~ corfform
with the prior appeal conditions;
(i) the reliefs, as requ~;_witF_ir~,.tu~ have, an acEve~se
effect o~. impact on the physical:- and e~virenmerrtal conditions, in the
neighborhood and dis~-ic~ - particularly in,.. li~ht of.-the numerous
storm-activities and erosiofl aioflcj the Long Islafld Sound bluff' a~eas
<which storms..are not predictable;ei~cher as,to.~number of', occun~e~ces
or the nature r'~'~ i~ St~~ and; which have- in: the past: been
severe causiflg damag~ aio~lg and near many. baflk~ and bluff a~eas in
the Town-of~ SouthelcE>;
(j) the gr~nt of' a previous-vmriaRce .200 feet or. more from
the-subject premises ar..~~¥.~ nir~ (9) years .acj~ does not
preclude a dan'iat., of the variance requested in- the subje=t
applicat, io~ in light of, the erosio~ aleng the bluff ar~eas, the
frequency of~ severe.stomas:,,?, ~resuLts~-ef~ storm act. ivi, ties,, etc.
(k} in, vime~ of, all the above~ the interests of, justice
will, be served by .denying. the relief, as- requested, in,, its entire.
Accordingty~ on mot~ b~ Member,. Oinizio. seconded by
Member Wilton. it was
RESOLVED. te~ DENY' the..relief, requested, in~ this.., applicatio~ in
its entirety, for the reasons~ noted above~
Vote.- ef~ the Boar~: Ayes:
Goehringer; (Members Doye~ ar[cE
resolution was dul¥~ adopted~
Messrs. Oin~zio. Wilted. and
Vill=~.-were abse~t,~) This
Page 19 - Minutee
June 13, 1994 Special Meeting
Southold ~own Board of Appeals
ACTION 'OF- THE BOARD OF APPEARS
Appeat~ Nos~ ~2.18 a~d; LI.2-20. a~-amended to.- include. Swimm~gpoo~:
Application~, of- JOHN- E. STRIPP.. an~-: JUDitH- D.
STRIPP. A Varian, ce. is,. requestedL from Article,,.lll. Section
100-32 fo~ pe~}s~on., to l~te--a new~ pri;nc~l~ dwe~g
stFu~ure width a .-r~ front-yard setUP. Also. req~ed
under- App[. N~. ~200. as, am~e~ is a VariaRce b~-u~n
the Buiidtng: tns~or's Fe~ 2~.. 19~ Noti~.of:, Dish.oval
concerning a bui[ding, p~mA, a~t~t~n, for a
enclo~re in a front ya~~, lo~tion; ref'. Article [11. ~i~
100-32 (100~33.) of the Zoning Code~ Locatio~ of
Priv~e. Roa~ off- East~,End.:.Roa~. Fishers Isled. NY; County
Parcel, ID
WHEREAS. a pubHc.,hearing, was: held~ on Mar~h'2. 199~.
April 6. 199~* and: May:' u~; 199~, conce~nincj,- the,-abeve-appHcation
(at the-last two hearincc~s~ 'jointly- with Appea~.:.No; 4220 as. an
amendment to_ include a swimm~ngpool~ str, uctu~e in the-., front
yard; and: at. said hearings- alL, WhOr desired- to- be heard were
heard and ~. their..~-testinmny reco~cte~; ap~
WHEREAS; the, Board has~,.carefuih/ consi~, al~,,testime~y
and- documentation, subm~tted~ co~3ce~ning.,this..-appii~atio~; and
WHEREAS. the Boas~l,~ Membe¢~ -have~personalty-viewe~- and
are famitia¢, with the, premises: in, question,, the cur~errc R-120
Zoning, an~ the-surr~oundin~, areas,;:,, and
WHEREAS. the Board 'made~-,the~ fo[taw-in9 findings of:~ far_~t:
1. OWNERSHiPs. The-:appE~ant isa, Stephen L. Ham- Ill.
Esq. a~ attor~ney_, and: agent-for the property owners.. John E.
and. Judith Stripp; wkm. acquire~ .the~subje~t premises~,-from, the
County of"SutEfolk,-for $11.000 on April 30~ 1979"[Libor, 86TS cp
515).
_,2.. PROPERTY D~TA.. The, proper~ty whicl~ is>the,,subjert
of-into,, varlance~,-appttcatton, is vast; un,improv~ (na~)
la~d.con,sisting.of~.a lot area-of. 1.10~ a~ o~ ~7.916~sq~. ft.
(includir~ wetted gr~ areas). Th~s p~., is no~o~ng
as,,. to tot si~ ,in this R-120.. Zone.~ which: p~v~s:,, for 120.000
sq. ft. of land a~ea..- to. be conform. Th~.: p~c~ is,- ai~,, a
corner.- lot' with front~e~- al~g- t~ private-- right.f-way
[roadways) ~. East En~. Roa~ ~s~rs lsl~d'~ anti, is iden~i:ed
on the Su~ol~ County Ta~: M~s---a~ Dis~i~ 10~. Senior, 7.
B~ck ~-2. Lot- 9.
~age- 2 0 - App[. Nos. 4;~18 and~
Matte~- of' JOHN~E. ~ JUDITH STRtPP
Decisio~ Re~c~e~w~~ June,~13, 1994
3. BASIS OF APPEAL: On or-.abeu[-'Februar¥..~, 199u~,
the appticants apptiecL to.. the Bu[td~ng, lns~.-for~ a bu,[[~
permit to c~s~ruct a single-fatal, fy d~li~g; a~:~ on. Fe~
a~y 9. 19~- a~ Neti.~.,of:-Di~p~t..was iss~ o~ the~ fol~l~ng
grounds~:
· ·. Unrder+-Article~ ! I I. Seetion~-,100"32, -Bulk~ Area-and
.Parki.n. crt~. Regula%ie~. propesed corrst~r~uctior~,, witt~ have
msu£fmier~,t--frortt~ yard setback, ACtion- required'
by Zoning~ Board of,-Appeai;s., Actior~ alse: required
by Bo~d',~of, Town Trustees andNew, York State Dept.
of Environmentai---Consarvati:on.....
4. AMENDED, BASIS OF-APPEAL: Onor abeut,~Febru.
aF~y 22. 199~ the- appticants and.: their, agent ~retumned. tOUr the
Building, Inspe~to~ and~ filed a new~ buHding~ perrni~-- applf~atio~
to construct~ a sing~famil~y dwelling, and':- a~ce~ swimmim3
pool. and on February 2a~, 199q. a new Notice ~ofi Disapproval
was- issued on the following~ grounds:
·.. Under, Article ~t I I. Se~tioR, 100-32~ Bull~; Are~and
Parking: Re~ulaL~on proposed~ constr, uCtior~ wiU have
insufficient front yard' setback. Un~e~ Ar-tic~e~J !1.
Section. 100-33; Acces_3or, ~yUses ~and Structures
( swimmingpeol )shat, t ~ be ~-Io~ated in~t the~ requi~ed rear
yard. Action. required by · Zon.[ng:~ B'ea[~~ of, Appe~[s,.
Action; aisc require~ I~y Board o[,, T0wn~ Trustees and~ New
York State Dept. of Environmen~,.=Cons~a~ien=;...
5. VARIANCE REQUESt: By this-,applicatfoa~, a~, filed
February' 10. 1'9~ a~ a~d~: on~. Ma~ ~. 19~ va~
relief~ is for pe~m'fs~ to,~ exte~.,- to Io~,~ a ~ new
singte~f~H:y ~w~h a 20-ft. seek from-the,--w~y
seld3aek~ *between. 20..feet and.~ 53, feet from
prope~-y line~. and~ at~- 98+- fee~ from
front
property line~.
6. CODE REQUIREMENTS. In the, Zoning, Code..,Bulk~and
Parking-, Sched:ute.. the~- setback requirements provid~ for
principal., struCtu~es~ in. the~,-.R~121) Zone~Dist~ict are:,- {a)~, front
yard setba~ks:al~ 61~ ft. from t'he~fron~c prope~y-.iine; (b) 36
ft. side~ yard; (c) 85, ft. rear~,-yard setb~ for Iots~situa~ed
in the 1{-120 Zone~Dist~ict. Also. Sectior~ 100,-33- of the.~Zoning
~age21 - App[. Nos. 4218 and ~220
Matter. of JOHNE: ~ JUDITH,STRIPP
Decision~ Rendered- June- t 3, 199{4
Code requires al~ accessory us~-~ buildings-and, structures be
located- in~ the,rear~ yard~ area;
7. AMOUNT OF RELIEF REQUESTED. The-relief: requested
by this variance app[icati~ for, the Io~tio~, of the d~li~ et
20 feet from the wes~iy front
point is s~tEF, at~ 6~ whe~, c~d~ to.. t~¢-6~, ft; front
yard_ setba~ cede~ requ~Fem~t. The relief requ~ t~,, Io~
an acc~.y swi~i~: ~ol structure - in the-fro~t-yard is-not
substa~tia[, since the_pro~y do~ contain a si~if~a~t a~u~t
of wetland-, and unb~,td~t~-a~e~-~ a~ if the pr~i~ were
"wat~rmt," S~ion 100~33C o~ the, zoning_ code we~al~.
accessory stru~ure in a front yard at,. 60, fe~ (or ~re) fr~
~th f~nt property lin~ - without the.,n~-fo~ a
8. CHARACTER- OF NEIGHBORHOOD~ The'cha~ac~e~~ of
the neighborhood consists gener~a[[y< of vacant lots; with the
exception that-to the:west, acr, oss.,"Pri,~/ate-Road", the~e .is an
accessory building situated 20 feet. more o~. less~ from the
front property line and anothe~ storage, bui[ct~ng, in~ the-same
front yard.
9. ALTERNA~TIVES. The Board Members agree, tha~, the
dwelling and. all~ activities-~ mus~ be Iocate~~' landwa~J of, the
flagged wetla~d line~ estab[ishec[, by the N.Y.S. De~t~ of,.
Envi.ronmen,ta~ Conse~vat, io~, H'oweve~; it is the opink)n of~ the
Board Membe~,~s that: the,;-des~j~- of the dwetti~g~ ca~. b~ modified
to accommodate a sefl3aek at.~ 25 feet from the .weste~-t-y, fron,t
property line` rather than the requested 20 ft.. white
mai'ntaining~' alL, othe~ yard setback requirements- and~ the~, 10%
maximum lot. co~e~age.;-timitatio~, The, dime~si~s..o¢~ the,.
togethe~ with deek, a~ea-as, shew. on the,- submitted: fo~
consideration- are .-86:~ ft. Ul~ to
~0 feet. The footprint-is she~vn to-be 1720 ft. (which
excludes the 6 x 8 step,, area at~ the ~ end: tc~ the
deck). When built at two stories.
couic[., maximi~e~?to 3qzi9 sc~., ft. The ,proposed
dwellings, affectec~ by,. this~- reductio~ are at. the~.no~theast .co~ne~s
of the dwel,[ing., [approxi~ra~e~ i.y.. 6 x 7 ft. triangles,). In fact
the bui[ct[ng,ara for an-.accessem/ sw~immi.g.pooi is:shown~,at
~0 ft; by, 22 ft. which- can~ also be, reduced t~-
adjustments for the affected co~ners of-the pr. opesed~, dwe[t,i~g,.
10. OTHER · CONSIDERATIONS. Unde~ th~is-.appF.~ie~, the
property owners were informed of: archeelogi~ai co~c~.ns~, raised,
by the Fishers Island~- Conse~vaney and. the~ fact tha~ Cha~,tes
Ferguson, Presicle~t-of:, the-, H.L. Ferguso~?M~seum,~,on- Fishe~,s
Island. that this land-- contains an archaeetc~ica~.-~ site of
American Indian origin, which has not yet been e~.pioCed; Prior
~Pa~je 22 AppL Nos. 421.8 and, 42~20
Matter~ of"JOHN~E. & JUDITH STRIPP
Decision,~ Rendered.. June-13, 199u,
to const-ruct~on activities comme~cin~j_ at~ this $ite~ the~ owners
have agreed to c~p~; with the Mu~um in expt~i~ th~
concerns-~ a~ in ord'~ to d~e~ine~ the precise~ e~eat a~
di~sions of a~ie~t Ame~i~-Ind~~ ~s~ a~. etc.
at this si~.
11. CONCLUStON.
Board also
In consideH~.: al[~ the above~ the
(a) that the.- esser~tiaL-: cha~a~te~ of the -'neicjhbe~hood
will be altere~-' with a setback~ at 20 feet from~.-the~.front
property line;
(bi that the~relief, as~,requeste~, fo~ th.e-~fro~t, yat~t
setback of the dwelling, is not' the.-mi~mum, ne~essa~y to~. afford
relie[ to. the appt'.k;ants;
(c) the~' difficulties- claimed in~ meeting7;- the~- 61~ ft.
front yard setback are uniquely reteted to~ the la~d;
[d) that the~e,~is a~ alte~nati~/e,,~avaitabt~,-which is
feasib[~.for appelta~ts to. pu~,sue~-for an ad,~ustment, in, the size
and/~ d~gn of the dwe~ing, as n~ a~ve~ a~ which will
pres~ve,-an~p~t the,c~e~ of the, n~r~d;
(e) in conside~ing~ alt,,~ of the-,, above-,- factors, the
interests of. justice wil. I be served - by gFantin~f~ al%e~na[i~e
relief,, as, condit[o~al~i~, notecL betow.
Accord~ncjty~ on moti'on~by Member Wilton~ seconded by
Chairrrra~ Geehringe~. it was
RESOLVED.. to DENY the~ va.ria~ce re~luested~ for a ,setback
at 20 feet from the westerly front property line~ and BE IT
FURTHER RESOLVED. to GRANT aite~native-retief~.for the
location of~ a pri-ncipa~%~dwel~i~9; at. no close~ tha~ 25 feet from
the westerly - property line,. SUBJECT to the folio~ing
conditions,:
a) Coml3ii.ance-wi. th the~ lot cove~ag~lim.~tat~io~ at 10~-of
the code:and~all~ other code, recjulatior~s;
b) No furthe~ reductio~s,...~ in the:,- westerly front- yard
setback to 'lesstharr-25' feet;
c) Condit}ons-setup.forth-in the,N.Y.S.D.E.C, per, mi{ shah
be comp[iecL with. and addit~onal~ hay, bate~ sha[[~., be
stockpiled or~ the north and~-east, sides of:, the, dwet.~ng~ a~ea~-, and
'Page,,~ 23 - App[. Nos, 42-~8, a~d-~2~20
Matted'of,JOHN ,E. ~ JUDITH STRIPP
De~isio~, Ren~le~ect Jun~,~3'~ 199~
the, eas-t,- side.-of, the, s~mming-~.poot area-~,to p~-e~w~t er~sio~ and
disturbance to_~ nearby se~sJ[ive, lands;
d) No alte~ati~rt; in the elevation,-or contours on- the
remaining, areas~,:o¢ the..parcel {except where.-the dwelting~ar~!
pool cor~structfo~ is shewn~ on, the map}. an.d~ n~ di~turbar,~ce,to
land areas on, this. parcet- or near,: this~ parrot which a~e-of~
archeolocji~t or er~¥ironme, tal, significance;
e) Pool wate~- shalF~ be removed from site arid' properly
disposed, of. or properly placed in a poor ba~cwash dr~yweil- or
cistern;
f) Pool structure .- shat~ not be I~e~-, ar~y-, ciose~- tha~
that sho~v~ on the.map with setbacks of~,-50+- feet-from the
weste~ty fron~t.-prope~y line~.~-an~l-~ a :mi~imam~.~of, 60, feet .from ~the
southerly fror~t prope~-t.-y, line~
VOTE OF THE BOARD: Ayes-; Messrs. Goeh,rin~te~,;
Dinizio and: Wilton. (Membe~.s Villa, and~ DoyeFr were, absent.; )
This, reso[Utio~ wa~. duty adopte~[.
There be±ng no other bus~ness properly com±ng be£ore the
Board at th~s t±me, the Cha±rman deciared the meet±ng adjourned.
Respectfully subm±tted,
L±nda Kowalski, Clerk
Southold Town Board of Appeals
RECEIVED AND FILED BY
THE SOI3~HOLD TOWN CL ~ERK
DATE '9-/4,- p ~ HOUR ~: ~b-
Town Clerk, Tov, m of Southold