HomeMy WebLinkAbout3483Southold Town Board of Appeals
MAIN ROAD- ~ITATIr ROAD 25 SOUTHOLD, L.I., N.Y, 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3483
Application gated March ]3, ]986
TO:
N. Phyllis Birkby, R.A.
for MR. AND MRS. PHILIP BELLOMO
155 West 19th Street
New York, NY 10011
[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
[X] Request for Variance to the Zoning Ordinance
Article III , Section ]00-32
[ ] Request for
Application of PHILIP AND ELLEN BELLOMO for a Variance to the
Zoning Ordinance, Article III, Section 100-32 for permission to locate
accessory garage/storage building in frontyard area at 7455 Soundview
Avenue, Southold, NY; County Tax Map District 1000, Section 59,
Block 6, Lot 8.
WHEREAS, a public hearing was held and concluded on May 22, 1986
in the Matter of the Application of PHILIP AND ELLEN BELLOMO under Appeal
No. 3483; 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. By this application~ appellants ~equest permission to
locate a 16' by 16' accessory storage building in the frontyard
area, requiring a variance from Article III, Section 100-32.
The proposed accessory w%l]~be for storage incidental to the
residental use of the premises and not operated for gain and
is proposed to be set back three feet at its closest point to
the northeasterly side property ~ine and five feet at its
closest point to the southerly (front) property line along
the private road.
2. The premises in question is located along the north
side of a private road which extends from the north side of
Sound View Avenue, Southold. The subject premises is improved
with a single-family one-story frame dwelling set back 57± feet
from the front property line and consists of one-quarter
(.24) of an acre, more or less. The lot width of this parcel
(CONTINUED ON PAGE TWO)
DATED:
Form ZB4
(rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3483
Matter of PHILIP AND ELLEN BELLOMO
Decision Rendered June 25, 1986
varies from 60± feet along the front property line to 90± feet
along Great Pond.
3. The dwelling as exists has a setback from the tie
line along the shoreline of Great Pond of 47± feet. Locating
this accessory building in the rearyard will require a variance
under the provisions of Article XI, Section 100-119.2.
In considering this appeal, the board finds and determines:
(a) that the relief requested is not unreasonable and is not
substantial in relation to the zoning requirements; (b) there
will be no substantial change in the character of the area;
(c} the circumstances of this parcel are unique; (d) the
practical difficulties are sufficient to warrant the granting
of a variance; (e) there is no other method feasible for
appellants to pursue other than a variance; (f) in view of the
manner in which the difficulties arose and in considering all
the above factors, the interests of justice will best be served
by allowing the variance, as noted below~
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, that the relief requested for permission to
locate a 16' by 16, accessory storage building in the trontyard
area BE AND HEREBY IS APPROVED, in the Matter of the Application
of PHILIP AND ELLEN BELLOMO, Appea! No. 3483, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. The accessory building be Jocated a minimum of five
feet from the easterly (side) property ~ine;
2. The accessory building be located a minimum ot 20
feet from the southerly (front) property line;
3. No sleeping or habitable quarters be permitted;
4. The accessory building not be operated for gain
(such as rental for business storage, etc.) and shall be
only for storage accessory to the residence;
5. Vehicle doors to face to the west or north;
6. Accessory building be limited to one-story height;
structure
emergency;
There be no sideyard reductions on principal dwelling
to allow tor sufficient access in the event of a fire
8. Proper
minimum height of
screening).
screening along road side of building with a
three feet (with hedges or evergreen-type
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was duly adopted.
lk
NOTICt:. GF H/~ARIN~
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Southold, the
following public hearings will b~
held by the SOUTHOLD
TOWN BOARD OF APPEALS
at the Southnid Town Hall,
Main Road, Southold, NY at a
Regular Meeting commencing at
7:30 p.m. on THURSDAY,
MAY 22, 1986 and as follows:
7:35 p.m. Appeal No. 3399-
JOSEPH AND ANN
PACELLI. Variance to the Zon-
ing Ordinance, Article III, Sec-
tion 100-31, Balk ScJoedule' for
approval of insufficient area,
depth and width of three parcels
referred to as Lots No. 1, 9 and
10, Map of Bayside Terrace,
Southold, NY; Lot No, I located
along the south side of North
BayvieW Road, and Lots No, 9
and 10 located along the eastside
of Sullrmer Lane; County Tax
Map District 1000, Section 78t
Block 9, Lots 1 and 16.
7:40 p.m. Appeal No. 3492-
JOYCE TESE. Variance to the
Zoning Ordinance, Article III,
S~tion 100-32C, for permission
to locate accessory three-car
garage in frontyard area, at 800
Jackson Street, New Suffolk,
NY~ County Tax Map District
1000, Section 117, Block 10, LOt
5.
7:45 p.m. Appeal No. 3498-
GREENPORT N.Y. CON-
GREGATION OF JEHOVAH
WITNESSES. Special Excep-
tion to the Zoning Ordinance,
Article Ill, Section 100-30 (B)[2]
for permission to construct ad-
oitinn and establish same for
religious, library use, at 1345 In-
dian Neck Lane (a/k/a 50
Spring Lane), Peconic, NY;
County %x Map District 1000,
Section 86, Block 5, Lot 1.
7:50 p.m. Appeal No. 3504-
GREENPORT HOUSING
ALLIANCE. Variance to the
Zoning Ordinance, Article III,
Section 100-31 for permission to
locate new single-farniy dwelling
with insufficient total sideyards
and insufficient northerly
sideyard at 1300 Seventh Strut,
oreenport, NY; Map of Green-
port Driving Park, Lot No. 369;
County Tax Map District 1000,
Section 48, Block 3, LOt 16.
7:55 p.m. Appeal No. 3500-
NORMAN REICH. Variance to
the Zoning Ordinance, Article
111, Section 100-31, Bulk
Schedule for permission to con-
struct deck addition with insuf-
ficient rearyard setback at 655
Cedar Drive, East Marion. NY;
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that sh~
Editor, of THE LONG ISLAND -FRAVELER-WATC
a public newspapel p~inted at Soulhold, in Suffolk
and that the notice of which the annexed is a printe
has been published in said Long Island Traveler-Wa
once each week for ................. ~ .......
successively, commencing on the ........ ,,z.)7. ~
d r.~..~.J~74c~ , 19 ~
Sworn to before me this .......... 4):. ~ ........
8:10 p.m. Appeal No. 3506-
ARMANDO J. CAPPA/PORT
OF EGYPF ENTERPRISES. '7 -"~'/~
Variance to the Zoning Or- ~/~. , /
dhraoce, Article XI, Section ./,?~y~../~...~( .~.:~..7~...
100-119.2 (B) for permission to
'locate attached deck and Notary Public
seafood holding tanks within
75' of lfigh water and bulkhead,
at 62140 Main Road, Southold,
NY; County ~ Map Pardi No.
1000-56-6-2; Lewis Homes Co.,
Inc. Filed Map No. 535, Lot 1-9
inclusiw~
8:15 p.m. Appeal No. 3418-
GRETCHEN H~IGL (Recessed
from April 3, 1986).
8:20 p.m. Appeal No. 3493-
WELLS PONTIAC-
CADILLAC. Variances to the
Zoning Ordinance, Article VI:
(a) Section 100-60(C)[2](a) for
permission ~o erect ground sign
egceeding maximum 6'6" height
requirement, and exceeding
height requirement of 15'6"
from ground to upper edge of
sign' and {b) Section
100-60(C)[2](b)[4] for permis-
sion to place wall sign with pro-
jectlon of more than one foot,
at 42155 Main Road (a/k/a
P~0nic Lane), Peconic, NY',
County 'Ibx Map District
S{~tion 75, Block 1, Lot 14.
8:25 p.m. Appeal No, 3491,
DONALD J. GRIM. Special
Eag~tion of the Zoning Or-
dinance, Article 1X, Section
100-90 for permission to con-
BAKB A ICA Ft)RBES
[t, tm'y Public, State of New York
No. 4~ 0~38,16
(~ ii!Jibed in Suffolk County
County Tax Map District 1000, strUct storage building and
Sectinn 22, Block 2, Lot 41 ....
~-~ . N~. establish outstde stockpdtng of
/ 8:00 p.m. Appeal.No. 3483~. material uses in this "C-I"
(PHJ~Ip,'i AN~' ~',,~L,[,.~.) H--~vyl'----ndust-~ialZovJngDistrict.
~ BEL?~.~O'Varian~t°lhP~g~'~ Loc~tion of Property: Lot No.
I ~ng Ordmaoce, Article llll SeC-4~ ~ ca'ad n*'~ Minor Subd v s on
] lion 100-32 for permission to '~ ~o. 4~'"~ o'}'L."~. Glover, south
/ locate accessorygarngedstorage ,m,. ,~f Ore*on Road Cut-
/building in frontyard area at
/7455 Soundview Avenue,' I~':'~i'~'10~'~t~ion'~'
Southold, NY; County Tax Map' J
District !000, Section 59, Bloc~
6, Lot 8. "8:~ p.m. Appeal No. 3477-
8:05 p,m. Appeal No. 3065-'
JOHN M. KERBS. Variance to
the Zoning Ordinance, Article
111, S~ction 100-31, Bulk Sched-
ale, for approval of insufficient
area of three parcels in this pro-
posed four-lot minor subdivi-
sion located along the south side
of Middle Road (C~R. 48),
Southold, NY; County 'I?ax Map
District 1000, Section 55, Block
~3, Lot 3.
WILLIAM AND
KATHERINE HEINS, Variance
to the Zoning Ordinance, Arti-
cle III, Section 100-]1, Bulk
$~:hedule for approval of insuf-
ficient area, width and depth of
two parcels in this proposed
division located along the north
side of Main Road, Orient, NY;
Ce' "'v ~ Map Parcels No.,
lt. 2~5 and 6.
8:45 p.m. Appeal No. 3501-
NOR'rH FORK
WELDING/SCHOENSTEIN.
Variances to the Zoning Or-
dinance, Articles: (a) Xi, Section
100-119.2 (B) for permission to
locate new building within the
required 75' setback from
wetlands area, (b) VI, Section
100-60 for permission to expand
nonconforming use of welding
business in this "B-Light"
Business Zoning District located
along the south side of Main
Road, (S.R. 25), Greenport, NY;
Coanty Tax Map Parcels No.
1000-53-2-12, 13, and 15; Lms
172, 173, 174, Peconic Bay
Estates Map No. 658, and Map
No. 1124 as Amended.
8:50 p.m.- Appeal No. 3471-
NICHOLAS TSIRKAS (R~cess-
ed from May 1, 1986).
8:50 p.m. Appeal No. 3509.
HOWARD AND JANET
MALONE. Variances to the
Zoning Ordinance, Article: (a)
I11, Section 100-31, Bulk
Schedule, for permission to con-
struct addition with an insuffi-
cient sideyard setback, and (b)
X1, Section 100-1t9.2 (B) for
permission to locate addition
within 75' of ordinary highwater
mark and bulkhead at 250 Blue
Marlin Drive, Greenport, NY;
Southold Shores Map No. 3853,
Lot No. 3; County Tax Map
Parcel No. 1000-564)7-21.
8:55 p.m. Appeal No. 3497-
MARJORIE D. PETRAS.
Variance to the Zoning Or-
dinance, Article I11, Section
100-3! for permission to con-
struct addition in excess of
maximum-permitted 20 percent
lot coverage requirement at 700
Koke Drive, Southold, NY;
County 'Fax Map Parcel No.
1000-87-54)06.
9:05 p.m. Appeal No. 3507-
NICK THEOPHILOS. Variance
to the Zoning Ordinance, Arti-
cle XI, Section 100dI9.2(A) i~r
permission to locate swimming
pool with deck and fence
enclosure within 100' of bluff
area along Long Island Sound,
at 2200 Sound Drice, Greenport,
NY, Lot No. 118~ Map of
Eastern Shores, Section 4,
County Tax Map Parcel No.
!000~33-1-16.
9:10 p.m. ~ppeal No. 34:58-
NORTH ROAD' ASSOCIATES.
Variance to the Zoning Or-
dinance, Article I11. Section
160-31 [or Article XIII. Section
100-136(E)] for approval of three
parcels having insufficient area.
and proposed Parcel No. 3 haw
ing insufficient depth, located
on private right-of-way off the
north side of Main Road (S.R.
25), Orient, N.Y.; County Tax
Map Parcel No. 1000-018-4-1
(1.1).
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
ing to be heard in each of the
above hearings. Written com-
ments may also be submitted
prior to the conclusion of the
hearing in question. For more
information, please call
765-t809 (alt. 1802).
Dated: April 16, 1986
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEIIRINGER,
CHAIRMAN
IT-5/15/86(12)
NOTICE IS HEREBY GIVEN,
m~rsuant to Section 287 of the ~
lown Law and the Code of the
?own of Seuthold, the following ~
~mblic hearings will be held by
;be sOUTHOLD TOWN
BOARD OF APPEALS at the
Southoid Town Hall, Math Road,
~ouLLold, NY at a Regular Meet-
m~ commenting at 7:30 p.m. on
-'~UIRSDAY MAY 22,
7:35 p.m. Appeal No~i99 -'
JOSEPH AND ANN
PACELLI. Variance to the Zen-
mg Ordinance, Article IH, Sec-
t.m 100-31, Bulk Schedule, for
,pproval of insufficient area,
depth and width of three parcels'
rel~rred to as Lot~ No. l, 9 and
10, Map of Bayside Terrace,
Southold, NY; Lot No. 1 located
along the south side of North
Bayview Road, and Lots no. 9 and
~,c. 10 located along the east side
¢,f Summer Lane; County Ta~
Map District 1000, Section 78~
B~ock 9, Lots ! and 16.
7:40 p.m. Appeal No. 3492 -
JOYCE TESE. Variance to the
Zoning Ordinance, Article III,
Section 100-32C, for permission
to locate accessory three-car gar-
~ge in frontyard area, at 800
Jackson Street, New Suffolk,
NY; County Tax Map District
1000, Section 117, Block 10, Lot
7:45 pm. Appeal No. 3498 -
GREENPORT N.Y. CONGRE-
GATION OF JEHOVAH WIT-
NESSES. Special Exception to
the Zoning Ordinance, Article
Iii, Section 100-30(B)(21 for per.
mmmon to construct addition and
establish ~ame for religious, li-
brary use, at 1345 Indian Neck
Lane (u~l</~ 50 Spring Lane),
Peconic, NY; County Tax Map
District 1000, Section 86, Block
5, LOt1.
7:50 p.m. Appeal No. 3504 -
GREENPORT HOUSING AL-
LIANCE. Variance to the Zen-
mg Ordinance, Article III, Sec-
tion 100-31 for permission to Io-
cate new single-family dwelling
with insufficient total sideyards
and insufficient northerly
~ddeyard at 1300 Seventh Street,
Greenport, NY; Map of Green-
port Driving Park, Lot No. 3B~;
County Tax Map District 1000,
Section 48, Block 3, Lot 16.
7:55 p.m. Appeal No. 3580 -
NORMAN REICH. Variance to
the Zoning Ordinance, Article
Ill, Section 100-31, Bulk
Sehedule for permission to coo-
street deck addition with insuffi-
cient rearyard setback at 655
County Tax Map District 1000,
Section 22, Block 2, Lot 41.
~ 8;00 p.m. Appeal No. 3483 .~x~
PHILIP AND ELLEN BEL-
LOMO. Variance to the Zoning
Ordinance, Article RI, Section
100-32 Iht permission to locate.
acct.ssory garage/storage build-
ng m fl'ontyard area at 7455
Seundview Avenue, Seuthold,
NY; County Tax Map District
I O00, Section 59, Block §, Lot g.
~ 8:05 p,m. Appeal No. 30~5 .
JOHN M. KERBS. Variance to
the Zoning Ordinance, Article
I11, Section 100-31, Bulk
Scbedule, for approval of insuffi-.
cient area of three parcels in this~
proposed four-lot minor eubdivi.
sion located along the south side
of Middle Road (CR. 481, South.
old, NY; County Tax Map Dis.
trict 1000, Section 55, Block
Lot 3.
8:10 p.m. Appeal No. 3506
ARMANDO J. CAPPA/PORT
OF EGYPT ENTERPRISES..
Variance to the Zoning Ordi-
nance, Article XI, Section 100-
118.2(BI for permission to locate
f~ttached deck and seafc~l hold-
mg tauks within 75' of high
wa~er and bulkhead, at 62140
Main Road, Southold, NY;
County Tax Map Parcel No.
ground to upper edge of sign; and
lb) Section 100-60(C)(21(b)(41 for
permission to place wall sign
with projection of more than one
foot, at 42155 Main Road
20 peconic Lane), Peconic, NY;
County Tax Map District 1000,
Section 75, Block 1, Lot 14,
8:25 p,m. Appeal No. 3491
DONALD J. GRIM. Special Ex-
ception of the Zoning Ordinance,
Article IX, Section 100-90 for
permission to construct storage
building and establish outside
stockpiling of material uses in
this "C-I" Heavy Industrial Zen,
lng District. Location of l~'op-
erty: Lot No. 2, (Pending) Minor
Subdivision No. 450 of L.B
Glover, south side of Oregon
Road, Cutchogue; County Tax
Map District 1000, Section 83,
Block 3, Part of Lot 4.4, contain-
lng 4.59 acres.
8:30 p.m. Appeal No. 3477 -
KATHERINE AND WILLIAM
HEINS. Variance to the Zoning
Ordinance, Article Ill, Section
100-31, Bulk Schedule for ap-
proval of insufficient area, width
and depth of two parcels in this
proposed division located along
the north side of Main Road,
Orient, NY; County Tax Map
Parcels No. 1000-19-2-5 and 6.
8:45 p.m. Appeal No. 3501 -
NORTH FORK WELDING/
SCHOENSTEIN. Variances to
the Zoning Ordinance, Articles:
ia) XI, Section 100-119.2(B) for
permission to locate new build-
ing within the required 75' set-
back from wetlands area, lb) VI,
Section 100-60 for permission to
expand nonconforming use of
welding busines~ in this "B-
Light" Business Zoning District
located along the south side of
Main Road, (S.R 25L GreenpoH,
NY; County Tax Map Parcels No.
1000-53-2-12, 13 and 15; Lots
172, 173, 174, Peconic Bay Es-
totes Map No. 658~ and Map No.
1124 as Amended.
8:50 p.m. Appeal No. 3471 -
NICHOLAS TS1RKAS/Rece~-
sad from May 1, 19861.
8:50 p.m. Appeal No. 3509
IIOWARD AND JANET
MALONE. Variances to the
Zoning Ordinance, Articlet tel
III, Section 100-31, Bulk
Schedule, for permission to con-
struct addition with an insuffi-
cient sideyard setback, and
XI, Section 100-119 2lB) for per
mission to Locate addition within
75' of ordinary higbwater mark
and bulkhead, at 250 Blue Mar-
lin Drive, Greenport, NY; South
old Shores Map No, 3853, Lot No
3; County Tax Map Parcel No
8:55 p,m. Appeal No. 3497
MARJORIE D. PETRAS.
Variance to the Zoning Ordi-
nance, Article III, Section 100-31
for permlsswn to construct add -
tion in excess of maximum-per-
mittod 20 percent lot coverage re-
quirement, at 700 Koke Drive,
Southold, NY; County Tax Map
Parcel No. 1000-87-5-006.
9:05 p.m.. Appeal No. 3507.
NICK THEOPHILOS. Vari-
ance to the Zoning Ordinance,
Article XI, Section 100-119.2(A?
for permission to loctite swim-
ming pool with dt~k and fence
ai ea along Long Island Sound~ at
NY; Lot No. 1 ld, M~p of Eastern
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK )
Iteather Cusack ofGreonport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greonport, in tho Town
of Southold, County of Suffolk and State of Nuw
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for one
weeks successively, commencing on the __~ S
day of May 8 6
19
Principal Clerk
/
Sworn to befo~o~ me this ~-v-~-
day of .... ~/~_(~t.~ 19~2
/