HomeMy WebLinkAbout3512
Southold Town. , Board of'Appeals
MAIN ROAD- STAT~~_UT~LO, L.I,, N,Y. 11cj'71
" ~-~,,~,~,%~"~I~,,~EPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 35]2
Application Dated May ]5, ]986
TO: Mr. Samuel Bail
]980 Si9$bee Road
Mattituck, NY ]1952
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on June 25, ]986,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variancesto the Zoning Ordinance
Article III, Section 100-3l, Bulk Schedule
[ ] Request for
Application of SAMUEL BAIL for Variances to the Zoning Ordinance,
Article III, Section IOOL31, Bulk Schedule, for permission to construct
deck addition and roof over cellar stairs which exceeds the maximum-
permitted 20 percent lot coverage and roof overhang will reduce sideyard
setback to less than that permitted. Location of Property: 1980 Sigsbee
Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-01-015.
WHEREAS, a public hearing was held and concluded on June 19,
1986 in the Matter of the Application of SAMUEL BAIL under Appeal
No. 3512; 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, at said hearing all those who desired to be heard
were heard, and their testimony was recorded; and
WHEREAS, the board has carefully considered all testimony
and documentation submitted~ concerning this application; and
WHEREAS, the board made the following findings of fact:
1. The premises in question is located along the west side
of Sigsbee Road, House No. 1980, in the Hamlet of Mattituck, with
a lot width of 50 feet, lot depth of 145± feet, and total lot
area of 7,250± square feet. The subject premises is identified on
the Suffolk County Tax Maps as District 1000, Section 144, Block
l, Lot 15, and is improved with a single-family, one-story
dwelling and accessory 20' by 23" garage located in the rear
yard.
2. The subject parcel is located in the "A" Residential
and Agricultural Zoning District, which provides for a maximum
lot coverage of all structures at 20% of the total lot area, or
1450 sq. ft., and limited sideyards of 10 and 15 feet, or the
established, which is eight feet and 17.4 feet.
(CONTINUED ON PAGE TWO)
DATED: June 25, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3512
Matter of SAMUEL BAIL
Decision Rendered June 25, 1986
By this application, appellant requests variances:
(a) for permission to construct an 11' by 17' deck addition
at the rear of the existing dwelling having a setback from the
rear property line at 35 feet and from the westerly side property
line at lO feet, which exceeds the present lot coverage of 1796
square feet with an additional 170 square feet, and (b) for
permission to construct roof overhang of approximately 45" by
14'2" deep, leaving a reduced sideyard at not less than 50 inches,
and exceeding the lot coverage limitation by an additional 70
square feet. The total lot coverage in excess of the existing
1796 square feet is 241± feet, for a total of 2036 square feet.
Twenty-percent of the total lot area is 1450 square feet.
4. It is the opinion of the board that the variances
requested are minimal and that the roof overhang is necessary
to prevent water from accummulating in the existing cellar
stairway.
In considering this appeal, the board also finds and
determines: (a) that the difficulties claimed are sufficient
to warrant the granting of this variance; (b) there will be
no substantial change in the character of the neighborhood or
detriment to adjoining properties; (c) that the relief
requested is not substantial; (d) that the difficulty cannot
be obviated by some method feasible for appellant to pursue
other than a variance; (e) that the variance will not in turn
cause a substantial effect of increased population density or
be adverse to the safety, health, welfare, comfort, convenience
and order of the town; (f) that in view of the manner in which
the difficulty arose and in consideration of all the above
factors, the interests of justice will best be served by allow-
ing variance, as noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, that the relief requested under Appeal No. 3512
in the Matter of the Application of SAMUEL BAIL for permission
to construct ll' by 17' deck addition at the rear of the dwelling
and 45" roof overhang along the westerly side of dwelling, BE
AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. That there be no further reduction of sideyards;
2. That the deck remain open, not to be enclosed or used
as additional living area;
3. Roof overhang shall not exceed farther than one foot
past edge of stairway.
Vote of the Board: Ayes:
Douglass, and Sawicki. (Member
resolution was duly adopted.
Messrs. Goehringer, Grigonis,
Doyen was.absent.) This
lk
July 15, 1986
NOTICE OF
HEARINGS
NOTICE IS HEREBY GIVEN,
pursuant to Section 2~7 of the
Town Law and the Code of the
Town of Southold, the following
public hearings will be held by
the SOUTHOLD TOWN
BOARD OF APPEAL~ at the
kmthold Town Hall, Main Road,
l~om the closest northerly prop~
arty line aa s~kwn,,b,.y sketched
survey date~il 22, 1986. Lo-
cation of Pro~y: 6135 Indian
Neck Road, Peconic, NY; County
Tax Map Parcel No. 1000-86-6-
19.
8:05 p.m. Appeal No. 3424 -
ELEANOR LEONARD for a
Variance to the Zoning Ordi-
nance, Article IIL Section 100-
District: "M-Light'Multiple''~
8:?,0 p.m. Appeal No. 3510.%'
RICHARD AND RUTH
DLER for a Variance to the ZoI
lng Ordinance, Article XI, Sec-
tion 100-119.2(B) tbr permission '
to locate proposed pool, deck and
fencing within 75' of bulkhead or
t dui water. Location of Property:
100 McI~nald's Crossing off the
South Side of Peconic Bay
~outhold, NY at a Regular Meet-
mg of the SOUTHOLD TOWN
BOARD OF APPEAL~ at the
Southold Town Hall, Main Road,
Southold, NY on ~URSDAY,
H~NE 19, 19~ and a~ follows:
7:30 pm. Ap~al No. 3489.-
PAUL LEARY for a ~ver~l of
~ mci~ivn of the Building Inet-
mr fi~r Nullification of Actions ~
31, Bulk Schedule, for approval Boulevard, Laurel, NY; Edge-
oftwocontinuousparcels, having ~i mere Park Lots 12, 13, and 14;
insufficient area, width an4&? County Tax Map Parcel No.
depth, Location of Property?'!l:i~000'145-4'lS'
Along Right-of-Way offtbe east i" ~ 8:40 .m. Appeal No. 3525 -
side of Bay Home Road (and ~ PORT OF EGYPT ENTER!
aong the end of'Willow Point PRISES for a Variance to the
Road), Southold, NY; County : Zoning Ordinance, Article XI,
Tax Map Parcels No. 1000-56-5- Section 100-119.2(B) for permis-
sion to locate marine fuel-storage
39,40, and 41.
issue a Modified Permit and De- 8:10 p.m. Appeal No. 3518 -
molition Permit, and that the MARJORIE D. PETRAS for a
i)ropertyownersbeleRtoregular ! Variance to the Zoning Ordi-
;:rocc~ures of law, to be allowed; nance, Article XI, Section 100-
rely after review by the Board of 119.2 for insufficient setback of
~-ppeals and in accordance with proposed additions from bul-
dl provisions of law. Name of ~ khead along Corey Cre~k.,
)whets/Location of Property: . Koke Drive, Sauthold, NY;
FRANK E. AND MARY County Tax Map t'arce~
tank structures in this "C-Light"
Industrial Zoning District with
an insufficient .setback from
landward edge of tidal wetl~and
and from ordinary highwater
mark, at 6230 Main Road, South:
old, NY; County Tax Map Parcel
No. 1000-56-6-4, 6,
8:45 p.m. Appeal No. 3524 -
BROPHY, 75 Second Street,
New Suffolk, NY; County Tax
l~p Parcel No. 1000-117-10-
I0.7. IRecessed from 5/1/86)
7:40 p.m. Appeal No. 3499 -
DANIEL ANDLISA JEROME
~r a Special Exception of the
;oning Ordinance for approval of
sunni to Article III, Section 100-
tOIBl. Location of Property:
~5125 Main Road, Southeld, NY;
County Tax Map Parcel No.
7:45 p:m. Appeal No. 3502 -
.qREGORY FOLLARI for a
Variance to the Zoning Ordi-
~ance, Article XI, ,Section 100-
i192 for permission to locate
,mw dwelling with an insuffi-
cient setback from Long Island i
Sound blufl~ Location of Prop-
,,.r~y: North,Side of Sound Drive ~
Greenpert; ' Map of Section Four- !"
{';a.~torn Shores" Lot no, 117, Map !
No. 4586; County Tax Map Par-
cel No. 1000-33-1-15.
7:50 p.m. Appeal No. 3508 -
DAVID MOOREfor a Variance
to the Zoning Ordinance, Article
X I, Section 100-119.2 for permis-
sion to locate new pool, deck and
fence areas with an irmutlicient
setback from Long Island Sound
0luff. Location of Property:
North Side of Soundvi~w Ay-
roue, Southold, NY; County Tax
Map P~rce] No, 1000-5l-4-17.
7:55 p.m. Appeal No. 3515 -
qOWARD REINHART and
~HARLES HYDELL for a
~ariance to the Zoning Ordi-
mace, Article XI, Section 100-
xi~iag building for woodwork-
ng shop and sales in this "A-40"
Residential and Agricultural.
Zoning District. Location of
iqoperty: 43305 Main Road,
Pecvnic, NY~ County Tax Map
Parcel No. 1000-75-01-16.
8:60 p.m, Appeal No. 3516 -
ALBERT J. BODENSTEIN for
t.~ aermimioa tO con.tract ad:l!-
1000-87-5-006.
8:15 p.m. Appeal No. 3505
RALPH AND LUCILLE
STOCKER for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for permission to
locate proposed new dwelling
with an insufficient frontyard
setback. Location of P~per~y:
1080 Maple Lane (a/kda 55 Snug
Harbor Roadh Greenpert, NY;
Cleaves Point, Section 3, Map
No. 4650, Lot 59; County Tax
Map Parcel No. 1000-35-5-28
8:20 p.m. Appeal No. 3513 -
STEPHEN SHILOWITZ for a
Variance .to the Zoning Ordi-
nance, Article XI, Section
119.21BI for permission to con-
struct condominium complexes
within 75' of bulkhead or tidal
waver. Location of Property:
West Side of Sixth Street, Green?
port, NY; County Tax Map Par-
cel No. I000-49-01-25A. Zoning
PORT OF EGYPT ENTER-
PRISES for a Special Exception
to the Zoning Ordinance, Article
VIII, Section 100-80(B) for per-
mission to install/relocate
marlin! fuel-storage tanks in thi~
"C-Light" lndustrml Zoning dts'-
trict, at 6230 Main Road, South-
: old, NY; County Tax Map Parcel
No. 1000-56-6-4, 6, 6.1.
~:55 p.m. Appeal No 3512
SAMUEL BAILS for a Variance
to the Zoning Ordinance, Article
II1, Section 100-31, Bulk
Schedule, for permission to con-
struct deck addition
cellar stairs which exceeds
maximum-permitted 20 percent
iot coverage and roof overhang
with reduced sideyard setback to
less than that permitted. Loca
tion of Property: 1980 Sigsbee
Road, Mattituck, NY; County
Tax Map Parcel No. t000-144-
01-015.
~ The Board of Appeals
at said time and place afl porson~
or representatives desiring to be
heard in each of the above heat-
ings. Written contments may
also be subaxltted prior to th.e
tion. For more information',
please call 765-1809 lair
BOARD OF APPEALS
GERARD P. GOEItRINGER
CItAIRMAN
:arson of Greonport, in
ng duly sworn, says that he/she is
~f THE SUFFOLK TIMES, a Weekly
)lishad at Greenport, in the Town
unty of Suffolk and State of New
he Notice of which the annexed is
has been regularly published in
~r once each week for _~np__
~oly, commencing on tho _ 12
%e 19___8 6
,i I (;
Principal Clerk
Term Expire
the Town Law~n~7i~j~:0d~' COUNTY OF SUFFOLK
he Town .... of Soui~01d, ,-t~! ~TATC t~C N C'~& yORK
follovnng pUbl~chearings Wi_ __ II_be ' 8:00 p.m. Appeal No. 35~..
held by the' SOUTHOLD r ALBERTJ. BODENSTEINIo'x,
TOWN BOARDOFAPPF..ALS a Variance to the Zoning Or:,
at the Southold Town Halt,
Main Road, Southold. NY at a
Regular Meeting of the
SOUTHOLD TOWN BOARD
OF APPEALS at the SoUthold
Town Hail, Main Road,
dinance, Article. IlL $~t~
100-31 for permission to con;
struct addition with an insuffi-
ct~ent ietback from the closest
nOrtherly property line as shown
by sketched survey dated April
SS:
eing duly sworn, says that she is the
iG ISLAND TRAVELER-WATCHMAN,
printed at Southold, in Suffolk County;
)f which the annexed is a printed copy,
Southold, NY on THURSDAY,
JUNE ·19, 1986 and as follows:
7;30 p.m.
PAUL LEARY~for a Re~-~sal of
Decision of the Building
tor for Nullification of Actions
to issue a Modified Permit and
Demolition Permit, and that the
property owners be left to,
regular proceduyes of law, to be
allowed only after review by the
Board ~of Appeals and in accor-
dance with all provisions of lav~
Name of Owners/Location of
Property: FRANK E. A. ND
MARY BROPHY, 75 Second
Street, New Suffolk, NY; Coun.
ty Tax Map Parcel No.
1000-117-10-20.7. (Recessed from
5/1/86).
7:40 p.m. Appeal No. 3499-
DANIEL AND LISA JEROME
for a Special Exception of the
Zoning Ordinance for approval
of an accessory apartment par-
suant to Article Ill, Section
100-30(B). Location of Proper-
ty: 45125 Main Road, Southoldi
NY; County Tax Map Parcel No,
1000-75-02.3.1.
7:45 p.m. Appeal No. 3502-
GREGORY FOLLARI fora
Variance to the Zoning. Or-
dinance, Article XI, Section
100-119.2 for permission to
locate new dwelling with an in-
sufficient setback from Long
Island Sound bluff. Location of.
Property: North Side of Sound
Drive, Greenport; "Map of Sec-
lion Four-Eastern Shores" Lot
No. 117, Map No. 4586; Coun-
ty Tax Map Parcel No.
1000-33-1-15.
7:50 p.m. Appeal No. 3508-
DAVID MOORE for a Variance
to the Zoning Ordinance, Arti-
cle Xl, Section 100-119.2 for per-
mission tO locate new pool, deck
and fence areas with an insuffi-
cient setbackdrom Long Island
Sound bluff. Location of Pro-
perty: North side of Soundview
Avenue, Southold, NY; County
Tax Map Parcel No.
1000-51-4.17~ · .
7:55 p.m. Appeal No. 3515-
HOWARD REINHART AND
CHARLES HYDELL for a
Variance to the Zoning Or-
dinance, Article XI,~ Sectioh
100-118(B) and A~'ticle Ill, See-
tion 100-30(A) for permission to
use existing buildil~ for wood'.
working shop and sale~ in thig
"A-40" Residential an~l
Agricultural: Zoning District.
Location of Property: 43305
Main Road, P~:onie, NY; Coun-'
ty Tax Map Parcel No.'
1000.75-01-16.
22, 1986. Location of Property: in said Long Island Traveler-Watchman
61.35 Indian Neck Roa&
/
Peconie, NY; County Tax Map .......................... ._~eeks
Parcel No. 1000-86-6q9. ' .
8:0~ p.m. Appeal No. 3424- ~cing on the .........
ELEANOR LEONARD for a .............
Variance to the Zoning Or~
dinance, Article I11, Section ~..~--~%....., 19
100-31, Bulk Schedule, for ap- ' .... f '~
proval of two contiguous ....
parcels, having insufficient area; ...........
width and depth. Location ol
Property: Along Right-of-Way
off the east side of Bay Home
Road (and along the end ol
Willow Point Road), Southold, e this ........... /~ day of
NY; County Tax Map Parcels ..........
No. 1000-56-5-39, 40, and 41.
8:10 p.m. Appeal No. 3518- ~-- 19
MARJORIE D. PETRAS for a ....... ' .....
variance to the Zoning Or-
dinance, Article XI, Sectior
100-119.2 for insufficient setbacl,
bulkhead alon8 Cor~.Creck, al ' · ...............
700 Koke Drive, Southold, N~ Notary Public
County Tax Map Psi'cci N6.
1000-87-5-006. ' BARBARA FORBES
8:15 p.m. Appeal No. 3050-' t, lotary Public, State of N~w York
RALPH AND LUCILLE No. 4806846
STOCKER for a Variance to Qualified in Suffolk County
the Zoning Ordinauce, Article ' Commission Expires ~ :~/ 19
lit, Section 100-31 for. permis- 8:45 p.m. Appeal No. 3525-
sion to locate proposed new PORT OF EGYPT ENTER~
dwelling with an insufficient PRISES fora Special,Exception
- frontyard setback. Location of to the Zoning Ordinance, Arti-
Property: 1680 Maple Lane cie VIII, Section 100-80(B) for
(a/k/a 55 Snug Harbor Road), permission to install/relocate
Greenport, NY; Cleaves Point, marine fuel-storage tanks in this
Section 3, Map No. 4650, Lot.
59; County Tax Map Pareel No. "C-Light" Industrial Zoning
District, at 6230 Main Road,
1000-35-5-28.
Southold, NY; County Tax Map
STEPHEN S~I'LOWITZ fo~ a Parcel No. 1000-56-6-4, 6, 6.1.
Variance to the Zonif~g Or- ./~8:55 p.m. Appeal No. 3512
dina~ce, Article XI, Section SAMUEL BALLS for a Variance
100-119.2 (B) for permission tO to the Zoning Ordinance, Arti-
construct condominium corn- cie Ill, Section- 100-31, Bulk
plexes within 75' of bulkhead or Schedule, for permission to con-
tidal water. Location of Proper- struct deck addition and roof
ty: West Side of Sixth Street, over cellar stairs which exceeds
Greenport, NY; County Tax the maximum-permitted 20 per-
Map ParcelNo, 1000-49-01-25.L cent lot coverage and roof
Zoning District: "M-Light: / overhang will reduce ~ideyard
Multiple:' ' t setback to less than that permit-
8:30 p.m. Apical No. 3510- ted. Location of Property: 1980
RIC.HARD AND RUTH Sigsbee Road, Mattituck, NY;
ZEIDLER for a Variance to the County Tax Map Parcel No.
· Zoning Ordinance, Article XI, 1000-144-(~1-015.
Section 100-119.2{B) for permis- DATED: June 9, 1986.
sion to locate proposed pool, The Board of Appeals will
deck and fencing within 75' of hear at said time and place all
bulkhead or tidal water. Loca~ persons or representatives desir-
tion of Property: 100 lng to be heard in each of the
McDonald's Crossing off the
above hearings. Written corn-
South Side of Peconic Bay ments may also be submitted
Bdulevard, Laurel, NY: prior to the conclusion of the
Edgemere Park Irots 12, 13, and hearing in question. For more
)4; County Tax Map ParcelNo. information, please call
1000-145-4-15. 765-1809 (alt. 1802).
8:40 p.m. Appeal No. 3524- Dated: June 9, 1986
PORT OF EGYPT ENTER- BY ORDER OF THE
PRISES for a Variance the Zon- SOUTHOLD TOWN
lng Ordinance, Article Xl, Sec- BOARD OF APPEALS
tion 100-119.2(B) for permission GERARD P. GOEHRINGER,
to locate marine fuel-storage CHAIRMAN
tank structures in this "C~ IT-6/12/86t36~
Light" Industrial Zoning
District with an ins. uffieient set-
back from landward edge of
tidal wetland and from ordinary
highwater mark, at 6230 Main
Road, Southold, NY; County
Tax Map Parcel No. 1000-56-6-4,
6, 6.1.