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