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Home My WebLink About3569 Southold Town Board of Appeals I~AIN ROAD- STATI:' ROAD ~5 SOUTHOLD, L.I., N.Y. 11c~71 TELEPHONE (516) 765-180g ACTION OF THE ZONING BOARD OF APPE~LS Appeal No. 3569 Application Dated October 2], TO: Mr. Dennis Ketcham Boatman's Harbor Marina West Creek Avenue Cutch09ue, NY ]]935 986 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-~ [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2 [ ] Request for Application of BOATMAN'S HARBOR MARINA for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition to existing dwelling with an insufficient setback from existing bulkhead. Location of Property: 3350 West Creek Avenue, Cutchogue, NY; County Tax Map District 1000, Section llO, Block 01, Lot 12. WHEREAS, a public hearing was held and concluded November 20, 198~6. ~n~the Matter of the Application of BOATMAN'S HARBOR MARINA under Appeal No. 3569; 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, appellant requests a Variance from the Provisions of Article XI, Section 100-119.2 for permission to construct a 32' by 40' two-story addition attached to the existing dwelling at the west side, as more particularly shown on sketched survey prepared for Charles C. Galardi by Roderick VanTuyl, P.C. dated April 8, 1976. The variance required for this project is an insufficient setback at 32 feet from the outer edge of the existing bulkhead to the new proposed addition. 2. The premises in question is a described parcel consisting of approximately four acres total area with 587± feet along West Creek Avenue and fronting along Wickham Creek. (CONTINUED ON PAGE TWO) DATED: December ll, 1986. FO~Ta ZB4 (rev. 12/81) CHAIi~N, SOUTHOLD TO,TN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3569 Matter of BOATMEN'S HARBOR MARINA Decision Rendered December ll, 1986 The premises is located in the "B-l" General Business Zoning District, and is improved and used as more particularly shown on survey dated April 8, 1976 prepared by Roderick VanTuyl, P.C. and on the Town of Southold property Assessment Card; County Tax Map Distric~ lO00, Section 110, Block l, Lot 12. 3. The setback of the existing structure is shown to be 26± feet at the outer edge of existing bulkhead. for the proposed garage structure is 1½-story dwelling its nearest corner to The setback requested at 32 feet. 4. Article XI, Section 100-119.2(B) requires all buildings proposed on lots adjacent to tidal water bodies other than the Long Island Sound at not less than 75 feet from the ordinary highwater mark. 6. The Courts have held that the area setback variance 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, comfort, convenience or order of the town; (e) that the variance requested is the minimal necessary; (f) there is no other method feasible for appellants to pursue other than a variance. 6. It is the opinion of the board that the relief requested is the minimal necessary under the circumstances, leaving no other method feasible for appellants to pursue. 7. It is noted for the record that a conditional waiver was granted by the Town Board of Trustees dated November 5, 1986 for this proposal. In considering this aPpeal, the board also finds and determines: (a) that the project as proposed is not out of character with the area; (b) the relief requested is not substantial in relation to the existing established setback, although the relief requested is substantial in! · ircumstances of relation to the requirement, (c) the c · not the property are unique, (d) the variance will in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) there is no othe~ method feasible for appellant to pursue other than a variance; (f) there will be no substantial detriment to adjoining properties' (g) in view of the n , manner i 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. Sawicki, seconde~--d--6-y--~ Mr. Goehringer, it was RESOLVED, to APPROVE an 32' by 40' addition attached to existing 1½-story f.rame dwelling structure with a setback of not less than 32 feet from the existing bulkhead as applied under Appeal No. 3569 for BOATMAN'S HARBOR MARINA, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the addition be used for garage and storage use at the first-floor level, as applied; 2. That all parking must be on the property; 3. Any and all future construction will require parking and site plan approvals by the Planning Board for this commercial zoning district. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and Sawicki. (Member G~igomis was absent.) This resolution was duly adopted. 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, the follow- ing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, 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 to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage structure in the frontyard area at premises located on the south side ora pri- vate 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 AND JOSEPH BEST. Variance to the Zoning Ordinance, Article XL Section 100-119.2 for permission to con- struct addition at the southerly side of existing dwelling with in- sufficient setback from the bulk- head al~.ng tidal water area and insufficient setback frpm the rear property, line at premises 1o- cated on the south sid~ of a pri- vate right-of-way extending off the east side of Carny Mineola Road, Mattituck, NY; ~tt~aty Tax Map Parcel No.' 7:45 p.m. Appeal No. 3568 - MAT]OS AND ALENI .~ PANAKIS. Special Excep- tion to the Zoning Ordinance, to establish one accessory apart- ment in the existing dwelling structure in accordance with the requirements of Article Ili, Sec- tion 100-30(BI subsection Location of Property: 2030 Bois- seau Avenue, Soutbold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. 7:50 p.m. Appeal No. 3569 - BOATMEN'S HARBOR MA- RINA. Variance to the Zoning Ordinance, Article X[, Section 100-119.2 for permission to con- struct addition to existing dwell- ing with an insufficient setback from existing bulkhead. Loca- tion of Property: 3350 West Creek Avenue, Cutchogue, NY; County Tax Map District 1000, Section 110, Block 01, Lot 12. 7:55 p.m. Appeal No. 3572 - MICHAEL AND JOYCE MATTES. Special Exception to the Zoning Ordinance, Article BI, Section 100-30gB)l16} for permission to establish "Bed and Breakfast Use," "an owner-ocuc- pied 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." Location of Property: 50 Luthers Road, Mattituck, NY; County Tax Map District 1000, Section 113, Block 03, Lot 7. 8:00 p.m. Appeal No. 3565 - FRANK FIELD REALTY INC. Variance to the Zoning Or- dinance, Article III, Section 100- 3~, for permission to establish two-family dwelling use on a parcel of ]and ,'nntaining less than 160,000: in area, 270 ft. lot width. · ft lot depth, and with insutYlcient frontyard, sideyard, and rearyard setbacks. Location of Property: 326 Lin- nett Street, Greenpert, NY; Map of Greenport Driving Park #369, Lots #71 and #72; County Tax Map District 1000, Section 48, Block 2, Lot 36.1. 8:05 p.m. Appeal No. 3566-SE. FRANK FIELD REALTY INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30(BJ for permission to establish two-fhmily use at premises referred to as 320 Lin- nett Street, Greeniport, NY; Map of Greenport Driving Park #369, Lots #71 and #72; County Tax Map District 1000, Section 48, Block 2, Lot 36.1. 8:10 p.m. Al~peal No. 3570-SE - PAUL HENRY. Special Ex- ception to the Zoning Ordinance, Article III, Section 100-30(B/1161 for permission to establish "Bed and Breakfast Use," "an owner- occupied building, other than a hotel, where lodging and break- fast is provided for not more than six casual, transient room- ers~ and renting of not more than three moms." Location of Prop- erty: 236 {68555 C.R. 48~ North Road, at intersection with McCann Lane, Greenport, NY; County Tax Map District 1000, Section 033, Block 05, Lot 13.1. 8:15 p.m. Appeal No. 3576 - BARBARA D. SCHR1EVER. Application to withdraw Vari- ance conditionally approved under Appeal No. 3393 on Sep- tember 26, 1985, and to reinstate in lhll the 1969 Vari- ance conditionally approved under Appeal No. 1260, permit- ting the use of a 5,600 sq. IL existing building tbr storage and repair of contractor's machinery Property: West Side o£ Tabor Road, Orient, NY; County Tax Map District 1000, Section 18. Block 05, Lot 12. "BdAght" Busi- ness Zoning District. 8:20 p.m. Appeal No. 3552 - JOHN SENKO. Reconvene hearing concerning Variance for shopping center use in this B-1 General Business Zoning Dis- trict containing 30,084 sq. ft. in lot area. Location o] Property: Intersection of Ackerly Pond Lane and North Side of Main P. md. Southold; County Tax Map District 1000, Section 76, Block 7, Lot 1. 8:40 p.m. Appeal No. 3574 - DR. JOHN LORETO. Vari- Article II1, Sections 100-30 and 100-32, and Article XI, Section 100-119.2, for permission to con- struct storage building with an insufficient setback from bluff along Long Island Sound for storage purposes accessory and incidental to the existing dwell- ing adjacent to these premises. Location of Properties: Lots #3 and #2, Map of Vista Bluff #5060; North Side of Glen Court, Cutchogue, NY; County Tax Map District t000, Section 83, Block 1, Lots 9 and 8. 8:55 p.m. Appeal No. 3562 - ANA G. STILLO. Variances: (1) to the Zoning Ordinance, Ar~ ticle III, Sectio~ 100-31, for ap- pr'oval ol insufticient lilt area, width and depth of three parcels In this pending Minur Subdivi- sion, and (21 to New York Town Law, Section 280-a li)r aoorova] of access over private right-ot~ way extonding Ihom the north side of Main Road tn the prem Property: At the north end .f lands of B. Brokawl, North Side o] Main Road, Orient, NY; County Tax Map District 1060. Section 14, Block 2, Lot 26, con- raining 3.2 acres total. 9:05 p.m. Appeal No. 3519 ~ STEVEN SANDERS & ANO. Variance to the Zoning Ordi- nance, Article III, Section 100- :Il for approval of insufficient lot area, width and setbacks in this pending ~t-off division of land. Location of Property: Private Right-oSway located off the north side of Bay View Avenue, Mattitack, NY; County Tax Map District 1000, Section 106, Block 06, Lot 36. The Board of Appeals will hear at said time and place all lng to be heard in each of the above hearings. Written com- ments may also be submitted subject hearing. For more in[br- rnation, please call 765-1809. Dated: November 3, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ' ITN13-5412 STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) Carol Sgarlata of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly publlshedoneln said Newspaper once each week for _ - weeks successively, commencing on the 1 3 · day of No .... ~'~ 19 ~rincip~l Clerk Sworn to befor~me this . NOTARY PUBLIC, St L ~, '~ existing building for storage and tm · ~--~pai~of contractor's machinery ~,,~1~ ant uipment. Location of ~ Prop~ty: West Side of Tabor NOTICE OF HEARINGS Road, Orient, NY; County Tax Map District, 1000, Section 18, Block 05, Lot 12. "B-Light" NOTICE IS HEREBY GIV- Business Zoning District. EN, pursuant to Section 267 of the Town Law and the Code of 8:20 p.m. Appeal No. 3552- the Town of Southold, the JOHN .SENKO. Reconvene [y sworn, says that she is the hearing concerning Variance for following public heatings wi0 be shopping center use in this B-I ~ND TRAVELER-WATCHMAN, held by the ~ General Business Zoning ~tt Southold, in Suffolk County; WN ARD OF APPEALS District containing 30,084 sq. ft. at'~the~out~bld Town-Hall, inlotarea. Locationof Proper- , the annexed is a printed copy, Main Road, Southold, NY at a ty: Intersection of Ackerly Pond Long Island Traveler-Watchman Regular Meeting commencing at 7:30 p.m. on THURSDAy, Lane and North Side of Main / weeks NOVEMBER 20~ 1986 ~nd tis Road, Southold, NY; County ................... _l~olldws: Tax Map District, 1000, Section ~_~ 7:35 p.m. Appeal No. 3573- 70, Block 7, Lot 1. the ........ : ............. 8:40 p.m. Appeal No. 3574- O P DR. JOHN LORETO. Variance ~ Variance to the Zoning OrfillRmce, Article III, Section to the Zoning Ordinance, Arti- 100-32 for permission to locate cie Ill, Sections 100-30 and 100-32, and Article XI, Section accessory garage structure in the 100-119.2, for permission to frontyard area at premises located on the south side of a construct storage building private right-of-way extending with an insufficient set-back off the east side of Camp from bluff along Long Island Mineola Road, Mattituck, NY; Sound for storage purposes ac- cessory and incidental to the ex- /' County Tax Map Parcel No. isting dwelling adjacent to these ................... day of 1000-123-06-17. premises. Location of Proper- 7:40 p.m. Appeal No. 3571- MARGARET AND JOSEPH ties: Lots No. 3 and No. 2, Map , ] 9 . ~. ~ of Vista Bluff No. 5060; North Side of Glen Court, Cut- Ordinance, Article XI, Section chogue, NY; County Tax Map 100-119.2 for permission to con- District, 1000, Section 83, Block struct addition at the southerly 1, Lots 9 and 8. side of existing dwelling with in- 8:55 Appeal No. 3562- ANA sufficient setback from the G. STlLLO~ Variances: (l) to the ' Public bulkhead along tidal water area Zoning Ordinance, Article III, and insufficient setback from Section 100-31, for approval of \~- L~,~-A FC'~.'I~2:, the rear property line at premises located on the south insufficient lot area, width and side of a private right-of-way ex- depth of three parcels in this tending off the east side of pending Minor Subdivision, and Camp Mineola Road, Mat- (2) to New York Town Law, Sec- tion 280-a for approval of access tituck, NY; County Tax Map over private right-of-way exten- Parcel No. 1000-123-06-17. ding from the north side of 7:45 p.m. Appeal No. 3568- Main Road to the premises in STAMATIOS AND A,,LE,NI question. Location of Property: RAPAN'A-KIS.. Special Excep- At' the north end of private tiollna) the Zollhlg Ordinance, to right-of-way (along lands of B. establish one accessory apart- Brokaw), North Side of Main ment in the existing dwelling Road, Orient, NY; County Tax structure in accordance with the Map District, 1000, Section 14, requirements of Article 111, Sec- Block 2, Lot 26, containing 3.2 tion 100-30(B) subsection [15]. acres total. Location of Property: 2030 9:05 p.m. Appeal No. 351% Boisseau Avenue, Southold, NY; STEVEN SANDERS & ANO. County Tax Map District, 1000, Variance to the Zoning Or- Section 55, Block 6, Lot 40. 7:50 p.m. Appeal No. 3569- dinance, Article 111, Section BQATMEN'S HARBOR 100-31 for approval of insuffi- cient lot area, width and set- ]VI~RINA. Variance tothe Zon- backs in this pending set-off irfg Ordinance, Article XI, Sec- division of land. Location of tion 100-119.2 for permission to Property: Private Right-of-Way construct addition to existing located off the north side of Bay dwelling with an insufficient se¢- View Avenue, Mattituck, NY; back from existing bulkhead.] County Tax Map District, 1000, Location of Property: 3350 West".,Je Creek Avenue, Cutchogue, NY;$ Section 106, Block 06, Lot 36. County Tax Map District 1000,{ The Board of Appeals will hear at said time and place all Section 110, Block 01, Lot 12. 7:55 p.m. Appeal No. 3572- persons or representatives desk- MICHAEL AND JoYCE lng to be heard in each of the above hearings. Written cpm- MATTES. Special Exception to ments may also be submitted the Zoning Ordinance, Article prior to the conclusion of the I11, Section 100-30-(B)[16] for subject hearing. For more infor- permission to establish "Bed mation, please call 765-1809. and Breakfast Use7 "an owner- Dated: November 3, 1986 occupied building, other than a BY ORDER OF THE hotel, where lodging and SOUTHOLD TOWN breakfast is provided for not BOARD OF APPEALS more than six casual, transient GERARD P. GOE}tRINGER, roomers, and renting of not CHAIRMAN more than three rooms'.'Loca- Linda Kowalski, tion of Property: 50 Luthers Board Secretary Road, Mattituck, NY; County IT-11/13/86(1) Tax Map District, 1000, Section 113, Block 03, Lot 7. 8:00 p.m. Appeal No. 3565- FRANK FIELD REALTY IN . Variance to the Zoning Or- dinance, Article Ill, Section 106-3 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- nett Street, Greenport, NY; Map of Greenport 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 Linnett Street, Green- port, NY; Map of Greenport 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 to establish "Bed and Breakfast Use;' "an owner-occupied building, other than a hotel,