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Home My WebLink About3573 Southold Town Board of Appeals MAIN ROAD- STATE ROAD Z5 SOUTHOI. D, L.I., N.Y. 11cj'71 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. 3573 Application Dated 0¢t0ber 27, ]986 TO: Mr. and Mrs. Joseph Best P.O. Box 609 Mattituck, NY 11952 [Appellant(s)] December ll, 1986, At a Meeting of the Zoning Board of Appeals held on the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III, Section ]00-32 [ ] Request for Application of MARGARET AND JOSEPH BEST for a Variance to the Zoning Ordinance, Article III, Section ]00-32 for permission to locate accessory garage structure in the frontyard area at premises located on the south side of a private right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-06-17. WHEREAS, a public hearing was held and concluded on Novem- ber 20, 1986 in the Matter of the Application of MARGARET AND JOSEPH BEST under Appeal No. 3573; 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; WHEREAS, the board members have familiar with the premises in question, the surrounding areas; and personally viewed and are its present zoning, and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a Variance from the Provisions of Article III, Section 100-32 for permission to locate an accessory 22' by 30' garage in the front yard area, as amended from the previous Appeal filed August 22, 1986 under Appeal No. 3551. The newly proposed location will be with a minimum setback of 12 feet off the west side property line, 350 feet from the front property line, and 65 feet on an angle from the existing one-story frame house (at its closest points). 2. The premises in question is a described parcel containing a total area of 1.3± acres, with 89 ft. frontage along the private right-of-way and an average depth of 597 feet to the rear property line along Peconic Bay. The subject premises is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 123, Block 6, Lot 17 and is improved with the following structures: (a) two-story frame dwelling, overall dimensions 36.4' by 36', set back from the (CONTINUED ON PAGE TWO) DATED: December ll, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3573 Matter of MARGARET AND JOSEPH BEST Decision Rendered December ll, 1986 existing wooden bulkhead 43± feet; (b) one story 20' by 32' accessory cottage structure, set back 132± feet from the bulk- head; (c) 8.3' by 12.3' accessory framed shed set back 2.8 feet at its closest point from the easterly side property line; (d) 12.2' by 20.2' framed accessory stable structure set back 21.7 feet at its closest point from the easterly side property line. 3. Article III, Section 100-32 restricts accessory structures to the rear yard area. The board finds placing this proposed accessory garage structure in the rear yard area would not be feasible due to the provisions of Article XI, Section 100-119.2 which prohibits new construction within 75 feet of a tidal water body. 4. By action taken October 22, 1986, under Appeal No. 3551, this Board granted a conditional area variance for a new accessory garage in the frontyard, with restriction as to the setbacks from the front and west side property lines at 275 feet and 25 feet, respectively. 5. Appellants indicate that by locating the garage in accordance with the limitations of the prior Appeal, several large trees would have to be destroyed. It was also brought to the Board's attention after their decision was rendered that the abutting property owner to the west had concerns about the setback restrictions. Submitted for consideration under this application is a letter of approval from the property owner to the west for placement of the accessory garage 12 feet off the common property line, garage doors facing north, and set back 6 to 8 feet north of the original location. 6. It is the opinion of the board that the change as requested is minimal, and there is no other method feasible for appellants to pursue other than a variance. 7. The proposed accessory garage structure shall be used only for garage and storage purposes accessory and incidental to the residential use of the premises and not for sleeping or living quarters, nor operated for gain. In considering this appeal, the board also finds and determines: (a) that the project as proposed is not out of character with the neighborhood; (b) the relief requested is not substantial; (c) the circumstances of the property are unique; (d) 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 appellants to pursue other than a variance; (f) there will be no substantial detriment to adjoining properties; (g) in view of the manner in which the difficulties arose and in view of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to approve the location of a 22' by 30' accessory garage structure in the frontyard area as applied in the Matter of Appeal No. 3573, by MARGARET AND JOSEPH (Continued on Page Three) Page 3 - Appeal No. 3573 Matter of MARGARET AND JOSEPH BEST Decision Rendered December 11, 1986 ~EST, SUBJECT TO THE FOLLOWING CONDITIONS: l. There be a minimum setback from the westerly side property line at 12 feet; 2. There be a minimum setback from the northerly property line as requested (approximately 350 feet); 3. The garage door(s) shall face north, as applied; 4. This structure be used only for garage purposes accessory and incidental to the residential use of the premises and not to be operated for gain, or living or sleeping quarters. Vote of the Board: Ayes: Messrs. Goehrin§er, Doyen, Douglass and Sawicki. (Member Grigonis was absent due to illness.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, December 17, 1986 Town Cl~rk, Town of" ,7 ~ ~ Legals N~ OF,HEARINGS NOTICE~lS HEREBY GIV- EN, pursuant ~ Section ~7 of ~e ~ ~ ~d t~ ~e of fo~ public ~ ~ ~ held by the ~ M~ ~ad, ~u~old, NY at a existix~ building for storage and ~r contractor's aipment. Location of Pro~-~ty: West Side of lhbor. Road, Orient, NY; Couniy Map District, 1000, Section 18, Block 05, Lot 12. "B-Light" Business Zoning District. 8:20 p.m. Appeal No. 3552~ JOHN SENKO. Reconvene hearing com:eming Variance for shopping center use in this General Business Zoning District containing 30,084 sq. fi, in lot area. Location of Proper- ty: Intersection of Ackerly Pond Lane and North Side of Main 7:30 p.m. on THURSDAY, NOVEMBER 20t l~86~n~s Road, Southold, NY; County f~lldws::: --- ~ Tax Map District. 1000, Section- /. 7:35 p.m. Appeal No. 3573-~'~ 70L B.?ck 7, .Lot I.. I~,]I~,~RF.,T.~M~L~PH \ t~:4,o p.m. Appem ~ ance to the Zoning I ~. Vari.an.ce Otffilrance, Article III, Sectio~ } to the ~omng ormnance, Artt- 100-32 for oermission to locate / cie Ill, Sections 100-30 and accessory ~aee structure in the / 100-32, and Article XI, Section frontyar'd a- r~a a't premises~ 100-119.2, for permission to located on the soUth side of a ~ construct storage building private riaht-of, wav extendine \ with an insufficient set-hack. /9-ff the ~as~ side- of Cam'p from bluff along Long Island ' en nrta ' i. ~ Sound for storage purposes ac- Mm. Aa .___, MatUtuck, NY; COunty 'Ihx Man Parcel N~ I cessory and incidental to the ex- 1000-1~3-06-17: ~ -- ]isting dwelling adjacent to these 7'40 o rm Aoveal No 3571- / premises Location of Proper- M,~R~3,~R. ET '~NO J~SEP~ ff ties: Lots NO. 3 and No. 2, Map BE-ST Variance to the Zoning/ of Vista Bluff No. 5060; Ontinance, Article Xl, Section 100-119.2 for permission to con- stsuct addition at the southerly side of existing dwelling with in- sufficient setback from the bulkhead along tidal water ~rea and .insufficient setback from the rear property line at premises located on the south side of a private right-of-way ~ tending, off the east side of Camp Minenla Road, Mat~ titock, NY; County Tax Map Parcel No. 1000-123-06-17. 7:45 p.m. Appeal No. 3568- I~bMATIOS AND ALE,N1 RAPAN'gd(IS. Special Excep- tion'to the Zoning Ordinance, to establish one accessory apart- ment in the existing dwelling structure in accordance with th~ requirements of Article III, Sec- tion 100-30(B) subsection [15]. Location of Property: 2030 Boisseau Avenue, Southold, NY; C~unty Tax Map District, 1000, Section 55, Block 6, Lot 40. 7:50 p.m. Appeal No. 3569- BOATMEN'S .__HARBOR MARINA. Variance tx~ the ~onr ingOrdinance, Article XI, Sec- tion 100-119.2 for permission to construct addition to existing dwelling with an insufficient set- back from existing bulkhead. Location of Property: 3350 ~st Creek Avenue, Cntchngue, NY; County Tax Map District 1000, Section 110, Block 01, Lot 12. 7:55 p.m. Ape"No. 3572L l~aitT~S. Special Exception t~ t~ Ordinance, Article. 11I, Section 100-30-(B)[16] for permission to establish "Bed and Breakfast Use~' ,an owner- occupied building, other than a hotel, where lodging and breakfast is provided for not. more than six .casual, transient. roomers, and renting of not more than three rooms."Loca- tion of Property: 50 Lnthers. Road, Mattituck, NY; County· Tax Map District, 1000, Section. 111, Block 03, Lot 7/ 8;00 p.m~ Appeal No. 3565: I~RANK FIELD REALTY INC. Variance to the Zoning Or- dinance, Article I11, Section 100-3 for permission to establish two-family dwelling use on a parcel of land containing less than 160,000 sq. ft. in area, 270 ft. lot width, 400 ft. tnt depth, and with insufficient frontyard, . sideyard, and rearyard setbacks. Location of Property: 320 Lin- nett Street, Greenport, NY; Map of Gseenport Driving Park No. 369, Lots No. 71 and No. 72; .County Tax Map District. 1000, Section 48, Block 2, Lot 36.1. 8:05 p.m. Appeal No. 3566-SE. ~ Special Excep- tion to the Zoning Ordinance, Article III, Section 100-30 (B)for permission to establish two- family use at premises referred to as 320 Lianett Steer, Green- port, NY; Map of Greenport e Driving Park No. 369; Lots No. 71 and 72; County Tax Map District, 1000, Section 48, Block 2, Lot 36.1. 8:10 p~m. Appeal No. 3570-SE- PAUL HENRY. Special Exception to the Zoning Ordinance, Article Ill, Section 100-30(B)[16] for permission m establish "Bed and Breakfast Use;' "an owner-ocCupied building, other than a hotel;' North Side of Glen Court, Cut- chogue, NY; County Tax Map District, 1000, Section 83, Block · 1, Lots 9 and 8. 8:55 Appeal No. 3562- RNA' G. STILL0. Variances: (1)totha Zoning Ordinance, Article III,. Section 100-31, for approval of. insufficient lot area, width and depth of three parcels in this pending Minor Subdivision, and ' (2) to New York Town Law, Sec-. tion 280-a for approval of access. over private right-of-way exten- ding from the north side of. Main Road to the premises in question. Location of Property: At' the north end of private· right-of-way (alonglandsof B. Brokaw), North Side of Main Road, Orient, NY; County Tax. Map.District, 1000, Section 14,. Block 2, Lot 26, containing 3.2 acres total. 9:05 p.m. Appeal No. 3519- STEVEN SANDERS & ANO. Variance to the Zonifig Or- dinance, Article 111, Section 100-31 for approval of insuffi- cient lot area, width and set- backs in this pending set-off division of land. Location of Property: Private Right-of-Way located off the north side of Bay' View Avenue, Mattituck, NY; County Tax Map District, 1000, Section 106, Block 06, Lot 36; The Board of Appeals will hear at said time and place all persons or representatives desir- .i~g.'to Im 4mard~i~t ~ i of above hearings. Written com- ments may also be submitted prior to the conclusion of the subject hearing. For more infor- mation, plea. se call 765-1809. Dated: November 3, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 1T-11/13/86(1) luly sworn, says that she is the .AND TRAVELER-WATCHMAN, J at Southotd, in Suffolk County; ch the annexed is a printed copy, ;t Long Island Traveler-Watchman ........... · /' .... weeks m the .......... /~ ......... ......... ..... .. ,19~g ~ ./:~..,~<. .............. ary Public BARBARA FORBES y FukJi:, State of New York i~sion Expires ~-~.~/ 19~f Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, ~he follow- ing~ public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall. Main Rom[ Southold. NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, NOVEMBER 20, 1986 and as follows: ~ 7:35 p.m, Appeal No. 3573 - MARGARET AND JOSEPH BEST. Variance ro the Zoning Ordinance, Article III, Section; 100-32 for permission to locate · accessory garage s~ructure in the frontyard area ac premises located on the south side of vato right-of-way extending off the east side of Camp Mineola Road, Matt(tuck, NY: County TaxMap Parcel No. 1000-123- 7:40 p.m. Appeal No. 3571 MARGARET AND JOSEPH BEST. Variance to the Zoning Ordinance, Article XI. Section 100-119.2 for permission to con- struct addition at the southerly side of existing dwelling with in- sufficient ~ethack from the hulk- head along tidal water area and insufficient setback from the rear property line at premises lo- cated o~i the south side of a pri- vate right-of*way extending off the east side of Camp Mineola Road Ma~tituck~ ~¥~ C0~.u~ Tax M~'P~r&I ~0. 100b-123- 7:45 p,m. Appeal No. 3568 - \MATIOS AND ALENI )ANAKIS. Special Excep- tion to the Zoning Ordinance. establish one accessory apart- ment in the existing dwelling structure in accordance with the requirements of Article III Sec- tion 100-30(I] subsection [15t. BOATMEN'S HARBOR MA- RINA. Varian~ to the Zoning lng with an insufficisnt setback from existing bulkhead. Lo~- MICHAEL AND JOYCE MATTES. Special Exception to HI. Section 100-30-IBIII6L for where Iod~ing and breakfast rooms." Location 6f Property: 50 County Tax Map District 8:00 p.m. Appeal No. 3565 - FRANK FIELD REALTY two-fAmily dwelling use on a remstoto in full the 1969 Var(. parcel of land containing less ance conditionally approved than 160.900 ~ ~. in area. 270 under Appeal No. 1260. permit- R. lot width, ft lot d~pth, hng the ase of a 5.600 sq. ?t. and with insufficient frontyard, exmtmg building for storage and sideya~l, and rearyard setbacks, repair of contractor's machinery Location of Property: 320 Lin- and eqmpmen~. Locatk~ of nett Street. Greenpert. NY; Map Property: West Side of Tabor of Greenpor~ Driving Park Road. Orient. NY; County Tax #369. Lots #71 and #72: County Map District 1000 Secti~' 18, Tax Map District 1000 Section Block 05, Lot t2, "B-Light" Bus(- 48, Block 2, Lot 36.1. ness Zoning District. 8:05 p.m. Appeal No. 3566-SE. 8:20 l~.m. ~ppeal No. 3~52 - FIL4~K FIELD REALTY JOHN SENKO. Reconvene 1NC. Special Excep{~ion to ~ .: hearingconcerningVariancefor Zoning Ordinance~ A~ticle il~, ~ shopping ~nter use in thig B-1 Section 100-30/B) for permission General Bustoesa ~ming Dis- m establish two-family use at ~.'~t containing 30,084 sq. R. in premises referred to as 320 Lin- lot area. Loeatton of property: Intersection of Ackerly Pond nett Street,' Greet}(pert, NY~ Map of Or~npart Driving Park Lane and North Side of Main #369, Lots.~l~County Road, Southold; County Ta~ Tax Map Dis~ng~ l~tio~ Map District 1000, Section 70, 48, Block 2, Lot 36J~ : .~ Block 7, I~t~l. 8:10 p.m. Appear~_~ 3~?04!E ceptlonto~Or~linan~e, DR. JOHN LORETO. Var(- ArticleHLi/~///onl0~30~BilI61 an~e to the~Zoning Ordi~m~, Article IH, ~ecl~-bhs 100-30 and for permis~m~ ~0 establish "Bed and Br~kt~t Us~,"_"an owner- 100-32, and Articlv XI. Sectio~ occupi~d:bu~lding, other than a 100-119.2, for permissiont~ .~on- hot~; ~0!~re lodging and break- struct storage building will{~an fast; is PrOgided for not more insufficient setback from bluff than six casual, tr~.nsien~om-~ along Long Island Souml~ for ers, and renting ol'n ~ot more than storage purposes accessor~ and three rooms." Location d' Prop- incidental to the existing dwell- erty: 236 168555 G.~i~_~.48I North ink adjacent to these pre~lises~ · · ~ · . - - Location of Properties: Lots ~3 Road, at sn~ with. McCann Lane, ~pert, NY; and #2, M~p of Vista Bluff County Tax M~h~S~rict 1000, #5060: North Side of Glen Section033 Blodtl)6, Lot 13.1. Court, Cutchogue, NY; Cmmty 8:15 p,m. Ap~al No. 3576 - Tax Map District 1000, S~-'tion BARBARA D. 8CHRIEVER. 83, Bfae, k-I Lotsgand8, Application to withdraw Var(- 8:55 p,m. Appeal No. 31~2 - once conditionally ~pproved ANA 'G. STILL0. Variq~s: under App~Ll~o. 3393 on Sep-~-; 44~to-the ZoningOrdina~r- tembar 2,6, 1985, and to ti¢l~ III, Section 100-31, f~ ap- width and d~p~, sion. and (2) to New Yorll Tow~, Law. Section 280-a for anorova] of access over private right-of- ~vay extending from the north side of Main Read to the prem- Property: At the north end of pr]va~e right-of-way (along lands ofB. Brokawi. North Side of Main .Road. Orient,, NY: County Tax M_ap District 1000. Section 14. Block 2, Lot 26. con- toining 3.2 acres total. 9:05 p.m. Appeal No. 3519 - STEVEN SANDERS & ANO. Variance ~o the Zoning Ordi- nance, Article III. Section 100- 31 for approval ofinsufficlent lot area. width and setbacks in this pending set-off division of land. Location of Property: Private Right-of-way located off the north side of Bay View Avenue, M~ttifuck, NY; County Tax Map District 1000, Section 106, Block 06, Lot 36. The Board of Appeals will hear at said time and place all persons or representatives des(r- ink to be heard in each of the above hearings, Written corn- prior to the conclusion of the subject hearing. For more infor- mation,*please call 765-1809. Dated: November 3, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Seeyetary STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Carol. Sgarlai;a of Groonport, in said County, being duly sworn, says that he/eho is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk end State of New York, end that the Notice of which the annexed is · printed copy, has been regularly published in one said Newspaper once each week for weeks successively, commenc'ing on the day of ~,,e--~,o~ 19 8b P~rincip~l/~erk ~ ,,IOTAR' p';~l C [; a e of New York '~u" - %' "b N0 4849~60.o0