HomeMy WebLinkAbout3182
Southold Town Board of Appeals
MAIN ROAD- STATE: ROAD 25 SOUTHOLD. L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3182
Application Dated October 24, 1983
TO: DR. AND M_RS. SAUL ROSENSTREICH
645 Little Peconic Bay Road
Cutchogue, NY 11935
(Public Hearing November 30, 1983)
[Appellant (s)]
At a Meeting of the Zoning Board of Appeals held on December 19, 1983,
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
Article
[X] Request
Article
for Special Exception under the Zoning Ordinance
, Section
for Variance to the Zoning Ordinance III, Section 100-32
Application for DR. AND MRS. SAUL ROSENSTREICH, by Skinny Dip Pools
Inc., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-32, for permission to construct inground swim-
mingpool, deck and fencing in the frontyard area of this parcel, known
as 645 Little Peconic Bay Road and 3700 Haywaters Road, Nassau Point
Club Properties Map 806, Lot 417; County Tax Map Parcel No. 1000-111-
11-009.
The board made the following findings and determination:
By this appeal, applicants seek permission to construct an acces-
sory inground swimmingpool with deck and fencing in the frontyard area
located south of the existing two-story, one-family frame dwelling
structure approximately 42 feet. The applicants have proposed the
fence and decking with a zero setback from the westerly side property
line, and a set back from Little Peconic Bay Road of not less than
30 feet (from the fence and deck areas at its nearest point).
Also existing presently on the premises is a split rail fence which
commences at a point eight feet north of Little Peconic Bay Road
and thence running approximately three feet from Haywaters Road, as
shown on the sketch submitted and received December 9, 1983. The
house as exists is located at the most northerly section of the
subject parcel. Inasmuch as this parcel is a corner lot as defined
by Article I, Section 100-13, Definitions, the most practical build-
ing area is technically frontyard area, requiring relief from
Article III, Section 100-32 which permits accessory buildings in an
"A-Residential and AGricultural" Zone only in the rearyard area.
In considering this appeal, the board determines: (1) that
the practical difficulties have been shown and are sufficient to
warrant the granting of the application as noted below; (2) that
the relief as noted below is substantial in relation to the
requirements of the zoning code; (3) that the circumstances are
unique; (4) that the relief as approved will be in harmony with
and promote the general purposes of zoning of the protection and
promotion of the public health, safety and welfare; (5) that the
interests of justice would be served by approving the application
(CONTINUED ON PAGE TWO)
DATED: January 2, 1984.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3182
Matter of DR. AND MRS. SAUL ROSENSTREICH
Decision Rendered December 19, 1983
as noted below.
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Douglass, it was
RESOLVED, that Appeal No. 3182, application for DR. AND MRS.
SAUL ROSENSTREICH for an inground swimmingpool with deck and
fencing, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CON-
DITIONS:
1. No new structure (including deck or new fences) to be
built within three feet of the westerly property line [except
fence along property line if desired at some time in future];
2. No new structure to be built at any time in the future
within 30 feet of the property line along Little Peconic Bay Road
for visibility.
Location of Property: 645 Little Peconic Bay Road and 3700
Haywaters Road, Nassau Point Club Properties Map 806, Lot 417,
Cutchogue, NY; County Tax Map Parcel No. 1000-111-11-009.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was unanimously adopted.
RECEIVED AND FILED BY
T~LE SOUTHOLD TOWN CLERK
DATE / ~/~-~ ~ HOUR / D.'Oo~/~
Town ClerK, Town of Southold
/GERARD P. GO~HRING~, CHAIRMAN
January 3, 1984 /