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HomeMy WebLinkAbout3553 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLO, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3553 Application Dated Augu£t 27, ]986 TO: Mr. Garrett A. Strang, Architect as Agent for EUGENE BOZZO Main Road~ Box 1412 Southold, NY 11971 [Appellant(s)] At a Meeting of the above on your the Zoning Board of Appeals held on N0vember 3, ]986, appeal was considered, and the action indicated below was taken [ ] 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 Variances to the Zoning Ordinance Article III, Sectiors 100'31 and 100-32 Article Xt , Section 100-ll9.2 [ ] Request for Application of EUGENE BOZZO for Variances to the Zoning Ordinance, Articles: (1) XI, Section 100-119.2 for permission to construct dwelling with an insufficient setback from wetlands/tidal water along Great Peconic Bay; (2) III, Section 100-32 to relocate accessory garage building in the frontyard area, (3) III, Section ]00-31, Bulk Schedule, to construct with lot coverage of all structures in excess of maximum-permitted 20 percent. Location of Property: South Side of Camp Mineola Road, Mattituck; County Tax Map District 1000, Section 123, Block 6, Lot 127. WHEREAS, a public hearing was held and concluded on October 2, 1986 in the Matter of the Application for EUGENE BOZZO under Appeal No. 3553; 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. This is an application for Variances from the Provi- sions of the Zoning Code as follows: (a) Article XI, Section 100-119.2(B) to construct with an insufficient setback at 18 feet from the existing bulkhead along tidal waters at its closest point; (b) Article III, Section 100-32 to relocate accessory garage building in the existing frontyard area with a setback of two feet at its closest point from the front property line along the right-of-way and at 4 feet at its closest point from the easterly side property line, and (c) Article III, Section 100-31, Bulk Schedule, to construct with lot coverage of all structures at 25.7 percent of the total lot area. 2. The premises in question is a substandard parcel containing a total area of 7,896 sq. ft. with 50.0 ft. frontage (CONTINUED ON PAGE TWO) DATED: November 3, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3553 Matter of EUGENE BOZZO Decision Rendered November 3, 1986 along a private right-of-way (which extends in a westerly direction from the west side of Camp Mineola Road), Mattituck. 3. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 123, Block 6, Lot 27, and is improved with a single-family dwelling and accessory garage structure as more particularly shown by survey dated January 28, 1985 by Roderick VanTuyl, P.C. 4. The dwelling as exists is set back 18 feet at its closest point from the existing bulkhead (at the southeast corner) ~nd is set back 7 feet from the side property line at its southwest corner, l0 feet from the side property lien at its northwest corner, ll± feet.from the easterly side property line at its southeast corner and lO± feet at its northeast corner. The existing garage is located in the frontyard area with setbacks at 2 feet at the closest point (northwest corner) to the front property line and approximately four feet from its closest point (southeast corner) at the east side. 5. Applicant proposes to move the dwelling 20 feet to the north, gaining the minimum required elevation above mean sea level_as per the Flood Plain Management Law of the Town of Southold, and extend a new open deck area, retaining the same existing 18 ft. setback from the bulkhead. The existing percentage of lot coverage is shown by Site Plan dated August 5, 1986 to be 21.7%. The proposed total lot coverage is shown to be 25.7%. The amount of relief requested as to excessive lot coverage is four percent of the total lot area, or 316 sq. ft. '6. Also proposed by this application is the rotating of the accessory garage 180 degrees, allowing the doors to face west. The size of the garage will not exceed 18' by 20' and will continue to belimited to storage incidental and accessory to the~residential use of the premises and not operated for gain. 7. It is noted for the record that a conditional waiver has been received dated August 28, 1986 from the Southold Town Trustees. 8. The board agrees that the uniqueness in the character and configuration of this parcel lend to the difficulties for new construction and finds that the relief as granted will be the minimum necessary under the circumstances. In considering ~his appeal, the board also finds and determines that the granting of the relief as noted below: (a) will not be inconsistent with the general neighborhood; (b) will be the minimal necessary under the circumstances; (c) is not substantial in relation to the requirements of the zoning code; (d) will not create a substantial change in the character of the area; (e) will not in turn be adverse to the safety,.health, welfare, comfort, convenience or order of the town; (f) will serve the interests of justice. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it~was RESOLVED, that Variances BE AND HEREBY ARE GRANTED in the Matter of the Application of EUGENE BOZZO for permission to relocate dwelling, construct open deck addition, and relocate accessory garage, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the dwelling and deck constriction be located no closer than 30 feet from its closest point from the existing bulkhead; (CONTINUED ON PAGE THREE) Page 3 - Appeal No. 3553 Matter of EUGENE BOZZO Decision Rendered November 3, 1986 2. That the total lot coverage (of all structures) not exceed 24 percent of the total lot area; 3. There be no less than eight feet easterly side; reduction in the sideyard setbacks to at the westerly side and l0 feet at the 4. The accessory garage structure not be closer than five feet from the front property line along the private right-of-way, and not closer thao four feet.from the easterly side property line, as exists; 5. The garage doors face west, as proposed; 6. Deck area to be constructed at the southerly end of dwelling remain open and unroofed, as proposed. 7. The frontyard setback of the dwelling not be less than that shown on the August 5, 1986 site plan prepared by Garrett A. Strang, Architect. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN November 19, 1986 7:35 p.m. Appeal No. 3559 - struct dwelting with insufficient LEONARDUS AND MARIE VANOUDENALLgN, "Vari- ance to the Zoning Ordinance, Art/cie HI, Section 100~31 for permission to construct addition to dwelling with an insufficient frontyard setback, at 230 Sailor's Laae, Cutchogue, NY; Distr/ct 1000, Section 111, Block 14, Lot 07. 7:40 p.m. Appeal No. 3555 SHIRLEY HOMAN. Variance to the Zon/ng Ordinance, Articl~ IH, Section 100-31 for permis- sion to construct addition to dwelling with an insufficient . rearyard setback, at 160 Smith Drive, Peconic, NY; District 1000, Section 98, Block 3, Lot 38. 7:45 p.m. Appeal Nm 3554 - 'NORMAN AND KAREN REICH. Variance to the Zoning Ordinance, Art/als III, Section 100~31 for permission to con- struct dwelling with an insuffi- cient rearyard setback, at 1809 Right-of-Way offthe East Side of Rocky Point Road, East Marion, NY; District 1000, Section 31, Block 3, Part of Lot 10; Kimon and Retza~ Minor Subdivision #81, Lot #2. 7:50 p.m. Appeal No. 3547~- ~ JOSEPH AND CATHERINE .RIEMEIL Variance to the ipg Ordinance, Article III, Sec- tion 100-31, Bulk Schedule for approval of insufficient lot area, ' width and depth of two parcels. · known and referred to as Lots ~ /~6, 97. 98 and half of 99 at Pecon/o Bay Estates, Map ~ '~1124, and identified on the County Tax Maps as Distric% t~00, Section 53, Block 4, Lot 32. '7:55 p.m. Appeal No. 3503 - GEORGE D. DAMIEN. Vari- ance mqnssting confirmation of ! ~ilding Inspector's actions and ~'~ Z.B.A. Decision Rendered f~!'~ler Appeal No. 949 of 9/1/66 r~mgnising two separate build- i~g lots, having insufficient area, width and depth as re- quimd by Article HI, Section 100-31, Bulk Schedule of the · Zoning Code. Locatisn of Prop- arty: Comers of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12. 8:00 p~m. Appeal No. 3484 - PHILIP AND ELLEN BEL- LaMa. Variance to the Zoning Ordinance, Article Ill, Section 100-119.2(C) for permi~ion to ~onstruct addition at mar of · dwelling with an insufficient setback from wetlands along Gmat Pond, at 7455 Sonndview Avenue, Sonthold, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8. 8:05 p.m. Appeal No. 3552 - JOHN SENKO. Variance to the Zoning O~dinance, Article VII, -- Section 100-70, and Article VI, Section 10(~62(B), for permis- sion to establish shopping center use in this "B-I' General Busi~ ness Zoning District with insuf- ficisnt lot area at 49295 Ma/n Road (a/k/a Ackerly Pond Lane), Southold. NY; Count~, Tax Map District 1000, Sectio~t 70, Block ~ O1~ ~containing 30~084 ± U~ENE ~O~O. ¥~riances el~: (D XI, Scetion 100-119.2 foi' permi~i0n to construct dwelling with an ins~ffic/ont setback from wetlands/tidal water along Great Peconic Bay; i2) III, Sec- t/on 100-32 to re/ocats accessory' garage building in the frontyard area; ~(3) III, Section 100-31, Bulk Schedule, to construct with ~/ot coverage of all Structures in ]excess of maximum-permitted · 20 percent. Location of Property: ] SOuth Side of Camp Mineola ]Road, Mattituck; County Tax [Map District 1000, Sect/on 123, · ~t~o~k 6, Lot 27. v8:15 p.m. Appeal No. 355~ ROBERT EGAN. Variances'ts the Zoning Ordinance, Articles: tl) Ill, Section 100-31 to recon* t0t~ff- sideyard% :~m~lffi~ ~cient (~hweSterlyl ~/~e y~ a~d i~cient ~nt y~; (2) XI, f~t of till ~ al~g Sp~ng Pond; ~nt ~r~ Es~s,' Su~ivision ~ 27 and ~ of 28; C~W T~ ~p Dist~ct l~,-~ion 37, Bilk 8:~ p.m. Appl. No. ~7-SE CHURCH OF ~ OPEN Ho~ of Wo~hip wi~ ~la~ t~ct of land ~fe~ · 3, Minor Su~n Ske~h-Plan A~mval of Main Bayvisw ~d, ~uth- old, NY; ~ty T~ ~p D~- Pa~ of ~ 8 and 2. (Cu~nt ~ne~: S. and J. Ca~o). EDMUND A~ P~ S~R. Ap~ from Building In- da~ 1~~ and ~A ~on A~/Ole VH, ~/on l~71, Bulk exi~ing uon~nfo~ tw~ family dwelling and antique- ~. /ot width. ~ti~ of ~ning Dist~ct~ ~o~ Side of County T~ M~ Pa~l h~r at ~id time a~ ~a~ all men~ may al~ ~ submit~ prior ~ the ~n~ion of the sub~ hearing. For mo~ infor- . BY ORDER OF ~E ~OLD ~N BOARD OF APPEA~ GE~RD P. ~EH~NGER, CHAI~AN Lin~ Kowa~i, 1~25-~62 STATE OF NEW YORK COUNTY OF SUFFOLK ) ~/-ho~-i ~ ~c]~'r*Ohllk of Greenpo~, In said County, being duly sworn, gayg that he/she Ig Principal Clerk of THE SUFFOLK TIMES, · Weekly New~paper, published et Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed a printed copy, has been regularly publlghed in geld Newspaper once each week for weeks .ucceeglvely, commencing on the dayof Septemhe. r 19 / -p-r~inc~/al Clark Sworn to b~/f/6re me ~hlg ~ day of .,~ NOTARY PUBLIC, S~te oT N~ ~rk Suffolk Coun~ No. ~rm Expires