HomeMy WebLinkAbout3571Southold Town Board of Appeals
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TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 357]
Application Dated October 22, ]986
TO: Mr. and Mrs. Joseph Best
P.O. Box 609
Mattituck, NY 1]952
At a Meeting of the Zoning Board of Appeals held on December ]], ]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
IX] Request for Variance to the Zoning Ordinance
Article XI , Section ]00-]]9.2
[ ] Request for
Application of MARGARET AND JOSEPH BEST for a Variance to the
Zoning Ordinance, Article XI, Section 100-119.2 for permission to
construct addition at the southerly side of existing building with
insufficient setback from the bulkhead along tidal water area and
insufficient setback from the rear property line 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. 3571; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS,the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. By this application, appellants request a Variance from
the Provisions of Article XI, Section 100-119.2 for permission to
construct a 14' by 33' addition at the rear of the existing
two-story frame dwelling leaving an insufficient setback from
the existing bulkhead to the south at not less than 29 feet. The
existing setback is shown to be at 43 feet. The addition is
proposed for a heated porch and additional kitchen area.
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
(CONTINUED ON PAGE TWO)
DATED: December ll, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3571
Matter of MARGARET AND JOSEPH BEST
Decision Rendered December 11, 1986
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
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 XI, Section 100-119.2, subparagraph (B)
requires all buildings and structures located on lots adjacent
to tidal water bodies other than the Long Island Sound to be
set back not less than seventy-five (75) feet from the ordinary
highwater mark of such tidal water body, or not less than
seventy-five (75) feet from the landward edge of the tidal
wetland, whichever is the greater distance.
4. The Courts have held that the area setback variances
must meet the "practical difficulties" standard, considering
as follows: (a) that the relief requested is not substantial
in relation to the requirement; (b) that the project as
proposed is not out of character with the neighborhood; (c)
the circumstances of the property are unique and are not
personal in nature; (d) that the variance will not in
turn be adverse to the safety, health, welfare, comfort,
convenience or order of the town; (e) that the varia.nce
requested is the minimal necessary; (f) there is no other
method feasible
for appellants to pursue other than a variance.
5. It is the opinion of the board that the relief
requested is not the minimal necessary under the circumstances;
however, the circumstances of the property and existing
dwelling's location are unique, leaving no other method
feasibl~e for appellants to pursue.
6. It i's noted for the record that by action taken
simultaneously herewith under Appeal No. 3573, an amendment
of prior Appeal No. 3551, this Board granted a conditional area
variance fQr a new accessory garage in the frontyard, with
restriction as to the setbacks from the front and west side
property lines, as noted therein.
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 in relation to the existing dwelling set-
back, although the relief requested is substantial in relation
to the requirements [being a variance of 60% from the 75-foot
requirement]; (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 t° adj°ining pr°perties; (g)in vilew I--l'
of the manner in which the difficulties arose and in viewrof
the above factors, the interests of justice will be serve~
by granting the Variance, as conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded~by
Mr. Sawicki, it was
RESOLVED to APPROVE an 12' by 33' wide addition a
the south end of existing two-story dwelling, leaving an
insufficient setback at not less than 31 feet from existillg
bulkhead - Matter of MARGARET AND JOSEPH BEST under Appeai
Vote of the Board: Ayes: Messrs. Goehringer, Do~en,i!i~
Douglass and Sawicki. (Member Grigonis was absent due t
illness.) This resolution v~as d.uly adopted.
lk
Legals
NOTICE OF HEARING~
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 be
held by the ~
Main Road, Soutbold, NY at a
Regular Mesting commencing at
7:30 p.m. on THURSDAY,
7:35 p.m. Appeal Ho. 3573-
~.-_ ~- ~ -, - i: -
lffiffZ_ Variance to the'Zoning
ORIllflnce, Article II1, Section
100-32 for permission to locate
~ccessory ~ara~e 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. '-..
~' 7:40 p.m. Appeal No. 3571-
MARGARET AHD JOSEPH
~ ii%fiance to the Zonlug
Ordinance, Article X1, Section
100-119.2 for permission to con-
struct addition at the southerly
side of esisfing dwelling with in-
sufficient setback from the
existing building for storngc and
arC. of contlactor's machinery.
quipment. Location of
Property: West Side of ~abor
Road. Orient, NY; County ~
Map District, 1000, Section 18,
Block 05, Lot 12. "B-Light"
Business Zoning District.
8:20 p.m. Appeal No. 3552-
JOHN SENKO. Re~onvene
hearing com:erning Variance for
shopping center use in this B-I
General Business Zoning
District containing 30,084 sq. ft.
in lot area. Location of Proper-
ty:IntersectionofAckerlyPond .ong Island Traveler-Watchman
Lane and North Side of Main ............. /.. .... weeks
Road. Southol0., NY; County
Tax Map District, 1000, Section
70, Block 7, Lot 1.
'8:40 p.m. Appeal No. 3574-
N~ Variance
to the Zoning Ordinanc~ Arti-
cle 111, Sections 100-30 and
100-32, and Article X1, Section
100-119.2, for permission to
construct storage building
with an insufficient set-back
~ sworn, says that she is the
ND TRAVELER-WATCHMAN,
t Southold, in Suffolk County;
the annexed is a printed copy,
from bluff along Long Island
Sound for storage purposes ac.
cessory and incidental to the ex- . ............ d ay o f
isting dwelling adjacent to these
premises. Location of Proper-
ties: Lots No. 3 and No. 2, Map , '1 9 . ~..
of Vista Bluff No. 5060;
North Side of Glen Court, Cut-
chogue, NY; County lhx Map
District, 1000, Section 83, Block
1, Lots 9 and 8. .~..~.~.Z~-. ~.~..~,~. ...........
8:55 Appeal No. 3562- ANA
bulkhead along tidal water area G. STILLO. Variances: (1) to the
· · ' Zoning Ordinance, Article III,
and ~nsufficlent setback from ~ .
. ,. ~ Secuon 100-31, for approval of
the rear property une at t . . .
...... ~ insufficient lot area, w~dth and
prermses locatea on me souru \ . .
· 'v ' depth of three parcels m thts
side of a pn ate right-of-way ex- \ . . . ..
in ff h i pending Minor Subdivision, and
tend g o t e east sdc of
· (2) to New York Town Law, Sec-
Cam~ Mmeola Road, Mat- \(.
~ ' ~",' -~/". ~".'~-:~ ^..'~'~ "'~' ,bver private right-of-way exten-
........... ~./ding from the north s~de of
~:n~ p.m. Appea! ~o. ~na ....
~TAMATIOS AN, D A,LE,NI Mare Road to the premises
RAPANAg. I~. Special Excep- question. Location of Property:
tion~t'O theZonhtg Ordinance, to At' the north end of private
establish one accessory apart- right-of-way (along lands of
merit in the existing dwelling Brokaw), North Side of Main
structure in accordance with the Road, Orient, NY; County Tax
requirements of Article I11, Sec- Map District, 1000, Section 14,
tion 100-30(B) subsection [15]. Block 2, Lot 26, containing 3.2
Location of Property: 2030 acres total.
Boisseau Avenue, Southold, NY; 9:05 p.m. Appeal No. 3519-
County Tax Map District, 1000, STEVEN SANDERS & ANO.
Section 55, Block 6, Lot 40· Variance to the Zoning Or-
7:50 p.m. Appeal No. 3569- dinance, Article III, Section
BOATMEN'S HARBOR 100-31 for approval of insuffi-
cient lot area, width and set-
MARINA: Variance to the Zon-
ing Ordinance, Article XI, Sec- hacks in this pending set-off
tion 100-119.2 for permission to division of land. Location of
construct addition to existing Property: Private Right-of-Way
dwelling with an insufficient set- located off the north side of Bay
back from existing bulkhead. View Avenue, Mattituck, NY;
Location of Property: 3350 West County Tax Map District, 1000,
Creek Avenue, Cntchogue, NY; Section 106, Block 06, Lot 36.
County 'lhx Map District 1000, The Board of Appeals will
Section IlO, Block 01, Lot 12. hear at said time and place all
7:55 p,m. Apl~al' No. 3572d persons ot~epresenmtivesd~str-
MICHAEL AND JoYcE ingto be~heazdih each'ofT, he
M~'ITFES. Special Exception to above hearings. Written com.
the Zoning Ordinance, Article ments may also be submitted
III, Section 100-30-(B)[16] for prior to the conclusion of the
permission to establish "Bed subject hearing. For more infor-
· and Breakfast Use~' "an owner- mation, please call 765-1809.
occupied building, other than a Dated: November 3, 1986
hotel, where lodging and BY ORDER OF THE
SOUTHOLD TOWN
breakfast is provided for not
more than six casual, transient BOARD OF APPEALS
roomers, and renting of not GERARD P. GOEHRINGER,
more than three rooms."Loca- CHAIRMAN
tion of Property: 50 Lathers Linda Kowalski,
Road, Mattituck, NY; County Board Secretary
Tax Map District, 1000, Section 1T-11/13/86(1)
113, Block 03, Lot 7.
8.'00 p.m. Appeal No. 3565-
FRANK FIELD REALTY INC.
Variance to the Zoning Or-
dinance, Article Ill, 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. lot depth,
and with insufficient frontyard,
sideyard, and rearyard setbacks.
Location of Property: 320 Lin-
octt Street, Oresnport, NY; Map
of Greenport Driving Park No.
369, Lots No. 71 and No. 72;
County Tax Map District. 1000,
SectiOn 48, Block 2, Lot 36A.
8:05 p.m. Appeal No.
3566-SE. F~
~ Special Excep-
tion to the Zoning Ordinance,
Article Ill, Section 100-30 (B)for
permission to establish two-
family use at premises referred
port, NY; Map of Greenport
Driving Park No. 369, Lots No.
71 and 72; County ~ Map
District, 1000, Section 48, Block
2, Lot 36.1.
8:10 p.m. Appeal No.
3570-SE- PAUL HENRY.
Special Exception ~o the Zoning
Ordinance, Article Ill, Section
100-30(B)[16] for permission to
establish "Bad and Breakfast
Use;" "an owner-occupied
building, other than a hotel,
y Public
ARBARA F@RBES
Pu~!i:, S~.ate of New York
sion Expires ~/~/.,~ ~/ 19 ~
Legal Notices
NOTICE OF REARINGS
NOTICE IS HEREBy
GIVEN, pursuant to Section 267
of the Town Law and the Code of
~he Town of Southold, the follow-
lng public hearings will be held
by the SOUTHOLD TOWN
BOARD OF APPEALS at the
Southold Town Hall, Main Road.
Seuthaid, NY at a Regular Meet-
ing commencing at 7:30 p.m. on
THURSDAY, NOVEMBER
20, 1~6 and as follows:
7:35 p.m. Appeal No, 3573 -
MARGARET AND JOSEPH
BEST. Variance te the Zoning
Ordinance, Article III, Section
100-32 for permission to mcate
accessory garage structure in
the frontyard area at premises
located on the south side ofa pri-
vats right-of-way extending off
the east side of Camp Mineala
Road, Mattituck. NY: County
Tax Map Parcel No. 1000-123-
06-17. ,_
f 7:40 p,m. Appeal No, 3571
BMiARGARET AND ~IOSEPH
BI/I/T. Variance to the Zoning
~ Ordinance, Article XL Section
I 100-119.2 for permission to con-
struct addition at the souther y
x~ side of existing dwelling with
! sufficient setbacl~ from the bulk-
head along tidal water area and
it~ufficient setback from the
rear property line at premises
cared on the south side of a pri-
vate right-of-way extending off
the east side of Camp Mineola
Road, Matt/tuck, N~; Cua_nty
06-17
7:45 p.m. Appeal No. 3568 -
§TAMATIOS AND ALENI
RAPANAKIS. Special Excep-
tion to the Zoning Ordinance.
establish one accessory apart.
ment m the existing dwelling
structure in accordance with the
requirements of Article III. Sec-
tio~ 100-30 B~ subsection [15].
Locatton of Property: 2030 Bois-
seau Avenue, Southold. NY;
County Tax Map District 1000.
Section 55, Block 6, Lot 40.
7:50 p.m. Appeal No. 3569 -
BOATMEN'S HARBOR
'R[NA. Variance m the Zoning
Ordinance, Article XI. Section
100-119.2 for permission to con~
struct midi~tian to existing dwell.
lng with a~ insufficient setback
From exilting bulkhead. Lacs.
tion of PmPorty: 3350
Creek Avenue, Cutohague,
County Tax Map District 1000,
Section 110, Block 01, Lot
7:55 p.m. Appeal No. 3572 -
MICHAEL AND JOYC~
MA'I-I'E$. Special Exception to
the Zoning Ordinance, Article
HI, Section 100-30-tB)/16I for
permission to establish "Bed and
Breakfast Use," "an owner-scut.
pied building, other than a hotel.
where lodging and breakfast is
provided for not more than six
casual, transient roomers, emi
renting of not mom than ~hre~
two-family dwelling use on a
parcel of land containing less
than 160.C ~q. ft. in area. 270
ft. lot wic 400 ft. lot depth,
and with insufficient frontyard,
sideyard, and rearyard setbacks.
Location of Proper~y: 320 Lin-
nett Street, Greenport, NY: Map
of Greenpert Driving Park
#369, Lots #71 and ~72; County
Tax Map District 1000, Section
48, Block 2, Lot 36.1. /
8.~p,m. Appeal No 3566.SE
FRAi~ ~ REALTY.
IN~. ~gl Exception to the.
Zomng Ordinance, Article IIL
Section 100.30lB) for permissio~
~o esuablish two-family use at.
reinstate m £Ul] the 1969 Vari-
ance 'conditionally approved
under Appeal No. 1261). permit-
ting the use of a 5,600 sq. ft.
existing building for storage and
repair of contractor's machinery
and equipment. Locatam of
Property: West Side of Tabor
Road. Orient, NY: County Tax
Map District I000. Section t8.
Block 05, Lot 12. "B-Light" Busi-
nes,~ Zoning Distr. ict,
8:20 p.~h~/~Pp~lr ~0 3,552 --
JOHN SEN~O. ru~eonvene
hearing concerning Variance for,
.shoFping cantor asa in this B-]
General Business' Zoning Dis-
trict ~ontaining 30~4 ~q. R. in
premises referred to as 320 Lin- lot area. Location
nett Street, Greeni?~.rt, NY~ of Property:
y~of Greanpert Dr~vmg Park Intersection o4' A,~erly Pond
Lane ami North 8de 9f Main
9'L°ts#7~land~72;('~annty> ~ Rm~d:, 8outhold; C~.anky Tax
, ome~2,1~t~l. ~ · -.
coPtlontoUmZouingOrd{na~ce,% OiL JO~ LOi~O
for permission to establish "l~d 1 rude 111~ ~,1~30
and Breakfast Use," oan owner~ 00*32, and A~ie~iXl~ Section
occupied building, other tha~ ~ 100-119.2~ for pe~q~io~to con-
hotel, where lodging ambla'uak, struct storage buiidia ~With an
rooms." Location 5fProperty: 50
Luthers Road, Matt/tuck, NY;
County Tax Map District 1000,
Section 113, Block 03~ Lot 7.
8:00 p,m, Appeal No. 3565 -
FRANK FIELD REALTY Application to withdraw Vari-
INC, Variance to the Zonin- Or 8:S&.O ~. Ap0eal
-inance ' ~ - ance conditiona y a~proved ·
~,. ~'~J~! ~IILi~.c~.L -~.~- ~.d~ ~.~, .......... LLO.
si, gar perlffHss~on to establish
-~, ~o, a~o to> ticle ~ ~t/o~n~
fast is provided for r~t more. insufr~ient setback f
than six casuai,.~tsient room. along Long Island
three rooms." Location of Pr~, incidental to the eaisU
erty: 236 tf~t'.~ C tL 48t Nm'l~.~ lng ~djasent to these
Roa~d, at interseCt/on wl~ Lacet~on of Propertie~
McCann Lane, Gseenport, I~; and '~,2, Map of
County Tax, Map District 1000, dL~.0~; North Side
Section 033, Block 05, LOt 13,1; Court, Ctfl~hi~ue, N
8:15 p.m. Appeal No. 3576 - Tax Map .Dil~rict
BARBARA D. SCHRIEVER; 83, Bloek 1, Lots 9 am
wa bluff
un,d for
or~ and
~g dwell-
raises.
~to
~ Bluff
kf Glen.
County
Sect/on
provfll of msufi]cient lot area.
width and depth of three parcels
rn this pending Minor Subdivi-
stun, and 12~ to New York Town
Law. Section 280-a for anoroval
of access over private right-of.
way extending from the north
side of Main Road to the prem~
~ses in question. Location of
Property: At the north end of
private right-of-way (along
lands ~f B. BrokawL North Side
of Main Road. Orient, NY:
County Tax Map District 1000.
Section I4, Block 2, LOt 26. con-
raining 3.2 acres total.
9:0,5 p.m. Appeal No. 3519
STEVEN SANDERS & ANS.
Variance to the Zoning
nance. Article III, Section
31 for approval of insufficient lot
area, width and setbacks in this
pending set-off diwmon of land~
Location of Property: Private
Rights,f-way located off the
north side of Bay View Avenue.
~Mattituck, NY; County Tax Map
District 1000, Sect/on 106, Block
06, Lot 36
The Board of Appeals will~
hear at said time and place all
persons or rePresentatives desir-
ing to be heard i~ each of the
above hearings. Written com.
mente may also be submitted
prior to the COnclusion of the
subject hear ng For more .~
mat]m% Idease cai 1765-1809.
Dated: November 3. 1986.
BY ORDER OF
THE SOUTHOLD I'OWN
BOARD OF APPEALS
GEP~RD p. GOEHRINGER,
k~3562 - CHAIRMAN
~riances: Linde Kowalski.
~- Board Secretary
·FATE OF NEW YORK )
) 88:
COURTy OF SUFFOLK )
Uarol ~gar lai:a
of Oreenport, In
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, s Weekly
Newspaper, published et Greenport, in tho Town
of Southold, Counw of Suffolk and State of New
York, and that the Notice of which the annexed 18
a printed copy, has been regularly published in
said Newspaper once each week for one
weeks succ~ivety, commencing O~e T
day of aovemoer
~9_
PrJn~l Clerk
Sworn to before ~e this ~-~
dayof ~