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Home My WebLink About3516 Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD~-,,~I,~,,-N.Y, 11g'71 ~.~ ;..'I'~EPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 35]6 Application Dated May 2], ]986 TO: Mr. and Mrs. Albert J. B0denstein 6135 Indian Neck Lane Peconic, NY 11958 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on July ]7, ]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 ]00-3] [ ] Request for Application of ALBERT J. BODENSTEIN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with an insufficient setback from the closest northerly property line as shown by sketched survey dated April 22, 1986. Loca- tion of Property: 6135 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-6-19. WHEREAS, a public hearing was held and concluded on June 19, 1986 in the Matter of the Application of ALBERT J. BODENSTEtN under Appeal No. 3516; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its pr~ent 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 in the "A" REsidential and Agricultural Zoning District, along the north side of Indian Neck Road, Peconic, contains a total area of .868 of an acre, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 86, Block 6, Lot 19. 2. The subject premises is improved with two single-family, one-story frame houses, and accessory garage which is located in the front yard area, as shown by survey mapped April 22, 1986 by Roderick VanTuyl, P.C. (CONTINUED ON PAGE TWO) DATED: July 17, 1986. Form ZB4 (rev. 12/81) CHAIRM3kN, SOUTHOLD TOW~N OF APPEALS ZONING BOARD Page 2 - Appeal No. 3516 Matter of ALBERT J. BODENSTEIN Decision Rendered July 17, 1986 3. By this application, appellant requests permission to construct a 14' by 17' wide deck addition at the rear of the most southerly existing dwelling with a reduced setback from the nearest northerly property line at lO feet, and having a setback from the westerly property line of not less than 21½ feet. 4. It is the opinion of the board that the unusual configura- tion of the land lends to the difficulties in adhering to the setback requiremeDt, particularly the narrowness of the lot from a width of 100± feet to 51± feet. In considering this appeal, the board also finds and deter- mines: (a) that sufficient practical difficulties have been shown~ (b) that the circumstances of the premises are unique; (c) that there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that the relief requested is not substantial; (e) that the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (f) 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; (g) 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 allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3516 in the Matter of the Application of ALBERT J. BODENSTEIN for permission to construct deck addition with a reduction to 10 feet from the nearest northerly property line, BE AND HEREBY .IS APPROVED, SUBJECT TO THE F~LLQWING CONDITION: ~hat the setback not be closer than l0 feet, as requested. Vote of the Board: Ayes: Messrs. Doyen and Douglass (Member Sawicki was tion was duly adopted. G~ehringer, Grigonis, absent.) This resolu- lk GERARD ~ GOEHR-INGER, C~IRMAN July 21, 1986 EN, pursu:~nt t6 Section ~Z67 the Town LaW'and the Code the Town of Southold, the following public hearings will be held by ihe SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hail, Main Road, Southold, NY at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Sot~thold Town Hall, Main Road, Southold, NY on THURSDAY, JUNE .19, 1986 and as follows: Decision °f'tbe~ Wr for Nullifl~tion of Aetion~ to issue a Modified Permit and Demolition Permit, and that the property owt~ers he~ !eft to ? 100-31, Bulk Schedule, for ap- regularprg~edu,res, oflaw, tobe proval of two contiguous allowed °nly after.reView by the parcels, having insufficient area; Board.of Appea~ and in aCCOr- ' I ~vidth and depth. Location ot dance with all provisions of law, ,, Property: Along Right-of-Way Name of Owners/Location of i. off the east side of Bay Home Property: FRANK E. A, ND ~ Road (and along the end ot OCOUNTY OF SUFFOLK ss: f 8:00 p.m. Appeal NO. 35~,,,, ..... /ALBERT J. BODENSTEIN f&."~ a Variance to the Zoni,ng OL-'~r-fi,\ dinani:e, Article III, Se~ti~ \ . , . .... \ 100 31 for permission to con; ~ing amy sworn, says that sne ~s tne ) str;'~t addition with an insuf~ }G ISLAND TRAVELE R-WATCHMAN dent tletback from the closest_/,~ ~t,~a ~r go-thold in Suffolk County' I ,nb~the~rly property line as shown ~ ~' ............ ,, by sketched survey dated April\~f which the annexed is a printed copy, .22, 1986. LocationofProperty:\in said Long Island Traveler-Watchman 61.~ Indian Neck Road/\ / eet. Peeonic, NY; County Tax Map~ ......................... ~;~ ,.s Parcel No. 1000-86-6~19. ' .ff 8:0~ p.m. Appeal No. 3424C- ~c n~ on the ~ ELEANOR LEONARD for a .... ° ........................... Variance to th~ Zoning Or; dit~e, Article I11, Section' '...-.?=.-.-.-.-.~.... , 19 MARY BROPHY, 75 Second Street, New Suffolk, NY; Coun. ty Tax Map Parcel No. 1000-117-10-20.7. (Recessed from 5/I/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 pur- suant to Article 111, Section 100-30(B). Location of Proper- ty: 45125 Main Road, Southold, NY; County Tax Map Parcel No. 1000-754)2-3.1. 7:45 p.m. Appeal No. 350~L GREGORY FOLLARI for a Variance to the Zoning~ dinance, Article XI, Section 100-119.2 for .permission to locate new dwelling with an in- sufficient setback from Lon~ Island Sound bluff. Location Of. Property: North Side of Sound Drive, Greenport; "Map of Sec- tion Four-Eastern Shores" Lot No. 117, MapNo. 4586; Coun- ty Tax Map Parcel No. 1000-33-1-15. 7:50 p.m. Appeal No. 3508- DAVID MOORE for a Variance lo thc Zoning Ordinance, Arti- cle Xi, Section 100-119.2 for per- mission t6 locate new pool, deck and fence areas with an insuffi- cient setback~from Long bland Sound bluff. Location of Pro- perty: North side of Souadview Avenue. Southo!d, 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;r tide III, see- tion 100-30(A} for permission to usc existing building for wood* working shop and saie~ in "A-40" Residential an0 Agricultural Zoning District. Location of Property: 43305 Main Road, Peconic, NY; Coun-' ty Tax Map Parcel No. 1000-75-01-16. Willow Point Road), Southold, e this ........... /.4 ...... day of NY; County Tax Map Pareeb No. ~000-56-5-39, 40, and 4I. 8:10 p.m. Appeal No. 3518- :.--- 1 9 Ot~'~-~ MARJORIE D. PETRAS for a ....... ' ..... Variance to the Zoning Or- dinance, Article XI, Sectior 100-119.2 for insufficient sethacl, of proposed additions frofl' bulkhead along Covey.Creek, 700 Koke Drive, Southold, N~ County Tax Map Parcel 1000-87-5-006. · 8:15 p.m. Appeal No. 3050- RALPH AND LUCILLE STOCKER for a Variance to' the Zoning Ordinance, Article' 111, Section 100-31 for. permis- sion to locate proposed new dwelling with an insufficient frontyard setback. Location of Property: 1~,80 Maple Lane (a/k/a 55 Snug Harbor Road). Greenport, NY; Cleave~ Point, Section 3, Map No. 4650, Lot. 59; County Tax Map Parcel No. 1000-35-5-28. STEPHEN SI-~I'LOWlTZ for a Variance to the Zoning Or- dina0ce, Article XI, Section 100-119.2 (B) for permission tO construct condominium com- plexes within 75' of bulkhead or tidal water. Location of Proper- ty: West Side of Sixth Street, Greanport, NY; County 'lhx Map Parcel No. 1000-49-01-25.1; Zoning District: "M-Ligh~- Multipld' 8:30 p.m. Appeal No. 3510- RICHARD AND RUTH ZEIDLER for a Variance to the Zoning Ordinance, Article Xl, Section 100-119.2(B) for permis- sion to locate proposed pool, deck and fencing within 75' of bulkhead or tidal water. Loca- tion of Property: 100 McDonald's Crossing off the South Side of Peeonic Bay Bdulevard, Laurel, NYc Edgemere Park Irots 12, 13, and !4; County Tax Map Parcel NO. 1000-145-4-15. 8:40 p.m. Appeal No. 3524- PORT OF EGYPT ENTER- PRISES for a Variance the Zon- ing Ordinance, Article XI, Sec; tion 100-119.2(B) for permission to locate, marine fuel-storage tank structures in this Light" Industrial Zoning District with an insufficient set- back from landward edge of tidal Wetland and from ordinary highwater mark, at 6230 Main Road, Southold, NY; County 'Pax Map Parcel No. 1000-56-6-4, 6 6.1. Notary Public BARBARA FORBES ~otary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires ~?~/ 19 8:45 p.m. Appeal No. 3525- PORT OF EGYPT ENTER- PRISES for a Special,Exception to the Zoning Ordinance, Arti- cle VIII, Section 100-80(B) for permission to install/ri:locate marine fuel-storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. 8:55 p.m. Appeal No. 3512 SAMUEL BALLS for a Variance to the Zoning Ordinance, Arti- cle Ill, Section' 100-31, Bulk Schedule, for permission to con- struct deck addition and roof over cellar stairs which exceeds the maximum-permitted 20 per-. cent lot coverage and roof overhang will reduce "sideyard setback to less than that permit- ted. Location of Property: 1980 Sigsbee Road, Mattituck, NY; County .Tax Map Parcel No. 1000-144-01-015. DATED: June 9, 1986. 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 th9 hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: June 9, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN IT.6/12/86~36~ NOTICE OF -~ HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Sect/on 267 of th~ Town Low and the Code of th Town of Southold, the following 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 of the SOUTHOLD TOWN BOARD OF APPEALS at the Loga ~C~n{inued from preVmUs pa~e ~ t~om the closest northerly prop- erty line as shown by sketched survey dated April 22, 1986. Lo- cation of Property: 6135 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-6-~/ '19. Southold Town Hall Main Road, ~ 8:05 p.m. Appeal No. 3424 - Seutbeld, NY on THURSDAY, FA,EANOR LE JUN~I0, ]986 and as fo ow~'~* ~ vtn.~ttu mr a .. · ~ " Yariance to the Zoning Ordi- , Ik Schedule, for approval Decision of the Building lnspec. torforNullificationofActionsto, oftwocontinuousporcels, having issue a Modified Permit and De- irmufficient area, width and molition Permit, and that the depth. Location of Property: property owners be left to regular procedures of law, to be allowed only after review by the Board of Appeals and in accordance with all orovisiona of law. Name of Owners/L~cation of Property: FRANK E. AND MARY BROPHY, 75 Second Street, New Suffolk, NY; County Tax Map Parcel No. 1000q17-10- 10.7. (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 pur- suant to Article III, Section 100- 30(B). Location of Property: 45125 Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-02-3.1. 7:45 p.m. Appeal No. 3502 GREGORY FOLLARI for a Variance to the Zoning Ordi- nance, Art/cie XI, Section 100- 119.2 for permission to locate new dwelling with an insuffi- cient setback from Long Island Sound bluff. Location of Prop- erty: North Side of Sound Drive, Greenpert; "Map &Section Four- Eastern Shores" Lot no. 117, Map No. 4586; County Tax Map Par- cel No. 1000-33-1-15. 7:50 p.m. Appea! No. 3508 - DAVID MOOREfor a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for petrols- sion to locate new pool, deck and fence areas with an insufficient setback from Long lstand Sound bluff. Location of Property: North Side of Soundview Ay- enue, 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 Ordi- nance, Article XI. Section I00- !Id(B) and Article IlL Section i00 30IA) for permission to use ~xisting building for woodwork. ng shop and sales in this "A-40" residential and Agricultural ;oning District. Location of ¥operty: 43305 Main Road, 'econic, NY; County Tax Map 'arcel No. 1000-75-01.16. 8:00 p.m. Appeal No. 3516 -1 LBERT J. BODENSTE1N for] Variance to the Zoning Ordi-I race, Article III, Section 100-31~ r permission to construct addi-I )n with an insufficient setbac~e~ Along Right-of-Way off the east side of Bay Home Road land along the end of' Willow Point Road), Southold, NY; County Tax Map Parcels No. 1000-56-5- 39, 40, and 41. 8:10 p.m. Appeal No. 3518 - MARJORIE D. PETRAS for a Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2 for insufficient setback of proposed additions from bul- khead along Corey Creek, at 700 Koke Drive, Southoi~, County Tax Map lYarce~ 1000-87-5-006. 8:15 pm. 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 ~vith an insufficient frontyard setback. Location of Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Roadb Greenport, 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 X1, Section 100- 119.2(BI for permission to con- struct condominium complexes within 75' of bulkhead or tidal water. Location of Property: West Side of Sixth Street, Green- port, NY; County Tax Map Par- k~cel~N¢. '100~4~-01-25.1. Zoning mtrict. M-L~ght-Muft~ple.~,. 8:30 p.ra. Appeal No. ~ RICHARD AND RUTH ~ DLER for a Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2(B) for permission to locate proposed pool, deck and fencing within 75' of bulkhead or tidal water. Location of Property: 100 McDonald's Crossing offthe South Side of Peconic Bay Boulevard, Laurel, NY; Edge- mere Park Lots 12, 13, and 14; County Tax Map Parcel No. 1000-145-4-15. 8:40 .m. Appeal No. 3525 - PORT OF EGYPT ENTER. PRISES for a Variance to the Zoning Ordinance, Article XI, Section 100-I19.2(B) for portals- sion to locate marine fuel-storage tank structures in this "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Road, South- old, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. 8:45 p.m. Appeal No. 3524 - PORT OF EGYPT ENTER- PRISES for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80iR) for per- mission to install/relocate marine fuel-storage tanks in this "C-Light" Industrial Zoning dis- trict, at 6230 Main Road, South- old, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. 8:55 p.m. Appeal No. 3512 - SAMUEI~ BAILS for a Variance to the Zoning Ordinance, Article 11I, Section 100-31, Bulk Schedule, for permission to con- struct deck addition and roof over cellar stairs which exceeds the maximum-permitted 20 percent lot 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. 1000-144- The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hear- ings. Written comments may al~o be 'submit'ted prior'to-the conclusion of'the heamng in ques- tion. For more information, please call 765~1809 (alt, 1802). Dated: June 9, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN ITJ12-5283 ;son of Greenport, in duly sworn, says that ha/she is HE SUFFOLK TIMES, 8 Weekly ~ed at Greenport, in the Town ~/of Suffolk and State of New Notice of which the annexed ia ts been regularly published in =nco each week for one ~, commencing on tho ~2 19 86 Principal Clark · thi._ '/ ~ 19~ ./ MARY K. D~GNAN ~A~ ~GLIC, ~ of ~ Y~ '~ Su~k ~un~ ~. ~9~ ~ ~ Term Expir~ Februa~9~ (