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HomeMy WebLinkAboutZBA-06/27/1985 Foil(�oG . z Ln Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N U T E S REGULAR MEETING THURSDAY , JUNE 27 , 1985 A Regular Meeting of the Southold Town Board of Appeals was held on 'Thursday , June 27 ; 1985 at 7 ; 30 p .m. at the Southold Town Hall , Main Road ,. Southold , New York . Present were : Gerard P. Goehringer , Chairman ; Charles Grigonis , Jr; Serge Doyen , Jr . ;. Joseph H . Sawicki and Robert J . Douglass , constituting . all five members of the Board. of Appeals . Also present were Victor Lessard , Building Department Administra- tor and approximately 25 persons in the audience at the opening of the meeting . The Chairman opened the meeting at 7 : 30 p .m. and proceeded with the first public hearing on the agenda , as follows : 7 : 33 p.m . Appeal No . 3366 - Public Hearing was held in the Matter of 'JOSEPH AND ARLENE LESTINGI . Variance to re-locate garage in frontyard area. David Kapell , as agent for the applicants , has requested a recess of this matter until the next earliest available date since he was out of town . The Chairman read the legal notice and appeal application in their entireties . The Chairman opened the hearing indicating the documents in the file , and made a motion , seconded by Mr. Sawicki , to recess same until the next Regular Meeting , JULY 18 , 1985 at 7 : 30 .p .m. This resolution was unanimously adopted. 7 : 40 .p .m. Applidations No . 3352 (variance ) and No . 3353 (special exception )._in the Matter of GENEVIEVE RICHARDS, to use . proposed building in this "B-flight" Business District for heavy equipment storage , 64155- Main Road , Greenport . Mr. and Mrs .. . R. Richards were present and spoke in behalf of the applicant - and furnished. the board with a copy of the N . Y . S . Southold Town Board of Appeals -2- June 27 , 1985 Regular Meeting (Appeal No . 3352 - GENEVIEVE R;ICHARDS , continued : ) Department of Environmental Conservation "Notice of Need for Permit" dated June 24 , 1985 , indicating that "This is a minor activity that will have no impact on wetlands and requires a permit because it . is at the periphery of our jurisdiction . " Also furnished for the record as requested is the original March 5 , 1985 letter from Charlotte Joan VanCura , as administrator for - the Estate of Joseph A. LaColla , giving the applicant (her sister ) the right to use the right-of-way in question along the east side of Richards ' property . The transcript of the verbatim testimony during this hearing has been prepared and filed with the Town Clerk under separate cover by Barbara Strang and Linda Kowalski for reference .- Following the hearings , action was taken as follows : On motion by Mr . Sawicki , seconded by Mr. Goehringer , BE IT RESOLVED, to close (conclude ) the public hearings in the Matters of GENEVIEVE RICHARDS under -Applications No . 3352 and 3353 , pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This 'resolution was adopted by unanimous vote of all the members . At the end of the hearing , Debbie Richards furnished the board with a survey map of Joseph A. LaColla mostc'recently dated September 12 , 1967 for reference . 7 :45 p .m. - Appeal No. 3356 Public Hearing was held in the Matter of GREGORY 'SIMONELLI . Variance for approval of insufficient lot area and width of two parcels in this proposed,-three-lot subdivi - sion . South Side of . Grand Avenue , Mattituck. _ The Chairman read the notice of hearing and appeal application for the record . Gary Flanner Olsen , Esq . was present and spoke in behalf of the application . Submitted for the record by Lance': Larsen , Appraiser , in behalf .of the application , were : County Tax Map , Section 107 , Exhibit 1 ; List ._of vacant land assessments , 1984 , Exhibit 2 , and appraisal report dated June 27 , 1985 . Objections were received from owners. of properties in the immediate area . The verbatim transcript of the statements made during the hearing have been prepared by ,Barbara Strang and filed under separate cover with the Town Clerk ' s Office for reference herewith . Following the hearing , the board took action , on motion by Mr . Goehrnger, seconded by Mr. Douglass , to close (conclude ) the — hearing , pending deliberations . This resolution was unanimously adopted and the hearing was concluded at 8 : 03 p .m. Southold Town Board of Appeals -3- June 27 , 1985 Regular Meeting 8 : 03 p .m. - Appeal No . 3360 .- Publ:;uo Hearing was held in the Matter of MARGARET 'WAGNER. Variance to build deck addition with reduction from.. edge of Corey Creek and reductions in front and side yard setbacks . 2500 .Takaposha Road , Southold. The Chairman read the notice of hearing and appeal application for the record . Mrs . iWagner was present and spoke briefly in behalf o_f the application . The verbatim _transcrip.t .of the statements made during the hearing have been prepared under separate cover by Barbara Strang and filed with . the Town Clerk ' s .Office for reference herewith . Following the hearing, the book took the following action : On motion by Mr. Goehringer , seconded by Mr. Sawicki , it was RESOLVED, to close (conclude ) the hearing , pending deliberations . This resolution was unanimously adopted. 810 .p .m. Appeal No . 3365 - Application of HOWARD HOEY . Variance_ for approval of insuffi.cien_t area and width of parcel . South Side of .Main Road , Orient . The Chairman read the legal notice of hearing and appeal applica- tion for the record. Samuel. J . Glickman , .Esq. was present and spoke in beh.alf .of the application. . It. was noted that the Planning Board wished to reserve comments on this matter pending action by the Z . B .A, except that this is to be processed as a minor subdivision rather than a set-off by ..their department . No objections were received for the record. . The verbatim transcript of the "statements made during the hearing have been prepared under separate cover by Barbara Strang and filed with the Town Clerk ' s Office for reference herewith . Following the hearing , the board took the following action : On motion 'by Mr . Douglass , seconded by Mr. Goehringer , it was RESOLVED, to close (conclude ) the hearing pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . Southold Town Board of Appeals -4- June 27 , 1985 Regular Meeting 8 : 13 p .m. . Appeal No . 3363 - Public Hearing was held in the Matter of MARION R. AND JOHN M. KING . . Variance .for permission to enclose existing porch and use as a real -estate office in..conjunc- tion with existing single-family residence . 51155 Main Road , Southold . The Chairman opened the hearing at 8 : 13 p .m. and read the legal notice of hearing and appeal application for the record . Paul A. Caminiti , Esq . was present with Mr. and .Mrs . John King and ,spoke in behalf of the applicants . No objections were received for the record . The verbatim transcript of the state- ments made, during the hearing have been prepared under separate cover and fi1ed .w.ith the Town. C1erk ` s. Office_:.:,for reference herewith . Following the hearing , the board took the following action : On motion by Mr. Goehringer , seconded by Mr. Douglass , it was RESOLVED, to close (conclude ) the hearing in the Matter of Appeal No , 3363:;' .'JOHN AND MARI.ON R. KING . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . The hearing was. concluded at 8 : 30 p .m. 8 : 30 p .m. Appeal No . 3369 - Public Hearing was held in the Matter of :J.EAN HARFORD. Variance to construct second attached garage with insufficient sideyard setback at North Side of Takaposha Road , Southold . The Chairman opened the hearing , read the legal notice of hearing and appeal application for the record . Mr . and Mrs . Harford were present . Mrs . .Harford indicated that the addition would be 4 ' forward of '.the existing garage and that she di & rot have any objec- tion to a condition by the board that same be used only for storage purposes . The verbatim testimony has been prepared under separate cover and filed with the Town Clerk ' s Office for reference . Following the hearing , the Chairman moved to close (conclude ) the hearing , seconded by Mr. Douglass , and--4?eserving decision , pending deliberations . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . Southold Town Board of Appeals -5- June 27 , 1985 Regular Meeting PROPOSED REVISIONS-MASTER PLAN : , The board requested a meeting with the Planning Board " in .t.his. matter which was imperative to be arranged as early as possible . The Chairman indicated that several requests have been made without cooperation . The board authorized the Chairman to send a letter to the Planning Board requesting the;aPI:ann'ino Board to meet with us in the immediate future , and asking for a written response . There has been lack of cooperation by the Planning Board to meet concerning several areas of authority presently under jurisdiction by the Z . B . A. Motion was made by Mr. Sawicki , seconded by Mr . Douglass , to authorize the Cha.i,rman to send a written request to the Planning Board for a written reply as to what dates they will meet , refer- ably,_ i.n the next week or so. PENDING COMPLIANCE OF CONDITIONS : Appeal No . 3243 - KEVIN and *LE-SLEY -MILOWS-KI . -Wri-t-ten requested wa-s- received 6 17 85 from the applicant' requesting an .inspection of the improvements made to the subject right-of-way , which was granted a conditional approval of .access under Appeal No . 3243 on May 31 , 1984 . Inspections were made and -acceptance was recommended . The following action was taken : -- On motion by Mr . Goehringer , seconded by Mr. Sawicki , it was RESOLVED , to accept the road improvements made concerning Appeal No . 3243 , in accordance with Conditions No . 1 and No . 4 of_ the board ' s. May 31 , 1984 resolution . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . - This resolution was adopted by unanimous vote of all the members . The Secretary was directed to mention that the right-of-way must be continuously maintained in good satisfactory condition for access by emergency and other . vehicles , and that in the event any other subdivision or set-off should take place over this right-of-way , additional applications will be necessary . PENDING DECISION: Appeal No . 3359-THOMAS YASSO (Williston Beverage ) . Lsee prior minutes of 6/19] - The building inspector indicated that his office will inspect for violations and traffic and parking problems . It was mentioned that maybe a barrier bb,. consider.ed .to_ be erected whichiwould allow . the adjoining property owner to the south unobstructed -access to their residence . _P.doiaction was taken pending a recommendation from the building inspector . Southold Town Board of Appeals -6- June 27 , 1985 Regular Meeting PENDING APPEAL : Appeal No . 3338 - 'HOWARD 'L. YOUNG. The public hearing on this matter was heard and concluded on 6 3 . Upon inspect- ing the premises , it was found there was more than one co-called "cottage on one of the proposed parcels , more particularly the building as shown on the survey depicted "shop , " or sprout shop . The. board indicated thei-r. „cdncenns as to the nature of the build- ings on the premi.ses and whether or.,.:not they were legal conversions . A reinspection would be 'made , tentatively for July 13th , and .the Secretary was asked to contact the appl.icant ' s agent , John De Reeder for an appointment between 10 :.30 .and 11 : 00 a .m. for an interior inspection of the buildings... (South Side Main Road , Orient. ) PENDiNG 'APPEALS : Appeal No . 3369 , Jean Harford , and Appeal No . 3360 , Margaret Wagner , at private right-of-way , Takaposha Road , Southold . The Chairman asked Vic Lessard to give his opinion as to the type of improvements he feels would be sufficient for fire access . No action was taken at this time pending the building inspec-tor ' s report and viewpoint . ENVIRONMENTAL 'DECLARATIONS: On motion by Mr. Sawicki , seconded by Mr. Douglass , it was RESOLVED , to declare the following Environmental Declarations indicating that there would be_ no_ sign_ifi,cant adverse effects to the environment for each _application as noted below, in accordance with Part 617 of the implementing regulations pertaining to Article 8 of the N .Y . S . Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold : (continued on page 7 ) Southold Town Board of Appeals -7- Meeti ng Ju-ne 2.7:, 1985 ( Environmental Declarations , continued : ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3375 PROJECT NAME: Bergen Oil In.c.. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II XXX Unlisted [ ] DESCRIPTION OF ACTION: Insufficent height for above ground sign LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Main Rd. Mattituck REASON (S) SUPPORTING TIIIS DETERMINATION: (1) An Environmental. Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area. -8- Southold Town Board of Appeals June .27 , 1985 Meeting S.E.p.R.A. NEGATIVE ENVIRONMENTAI, DECT,ARATION Notice of Determination of Non-Significance APPEAL NO. : 3.368 PROJECT NAME : John & Lorraine. F.abry This notice is issued pursuant .to Part 617 of the implementing regulations pertaining to Article 8. of the N.Y .S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X1 Unlisted [ ] DESCRIPTION OF ACTION: permission to construct a deck within 75 ' of .we.tland and with an insufficient rearyard setback. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Deephole Dr. Mattituck REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental. Assessment in the short form has been submitted which indicates that: no significant, adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Approval has been received from the N .Y . State Dept . df " Environmental. Conservation concerning _this matter . Construction as proposed is landward of . an; existing bulkhead or similar type of barrier. Southold Town Board of Appeals -9- - June , 27 , 1985 Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3374 PROJECT NAME : Southland . Corp . This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y. S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] 'Type II [X ] Unlisted [ ] DESCRIPTION OF ACTION: Variance -for fence exceeding 4 ' inheight in frontyard area . LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Main Rd . Southold REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental. Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands . or _other critical environmental areas . Southold Town Board of Appeals -10-June 27 , 1985 Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3370 PROJECT NAME:Robert Kenney . This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.X.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X3 'Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to a rear yard setback LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 2320 Gillette Drive , East Marion REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental. Assessment in the short 'form has been submitted which indicates that: no significant- adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not; located,,iwithi.n. 300 -feet of tidal wetlands or other critical environmental area . Southold Town Board of ApPeals -] I - June 1985 Meeting 27 , g S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3376 PROJECT NAME: John Martin This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y .S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II Id Unlisted [ ] DESCRIPTION OF ACTION: permission to erect an antenna exceeding height permit by statute Old -Shipyard Lane Southold LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as Old Shipyard Lane Southold REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental. Assessment in the short form has been submitted which indicates that: no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 .feet of tidal wetlands or other critical environmental wetlands Southold Town Board of Appeals -l2- J.une 27;,, 1985 Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3372 PROJECT NAME : Community Chri stii Kn Fel 1 owship Church This notice .is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II NX] Unlisted [ ] DESCRIPTION OF ACTION: Special Exception for a church LOCATION OF PROJECT: Tom of Southold, County of, Suffolk, more particularly known as: Wickham Ave and Ct Rd . 48 Mattituck , NY REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental. Assessment in the short form has been submitted which indicates that: no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not lcoated within 300 feet of tidal wetlands or other critical environmental area . Southold Town Board of Appeal s-l3-June 27 , _1985 Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3364 PROJECT NAME: Spirakis , Socrates & Daphne . This notice is issued pursuant to Part .617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ XI Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Insuffici.ent sideyard setback LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Teepee Trail , Southold REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is a setback variance for proposed construction which is landward of .existing construction ._ _ Southold Town Board of .Appeal;s -14- 'jun& 27 , 1985 Regular Meeting ( Environmental Declarations , continued : ) Vote of .the Board : . Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . HEARINGS FOR '.JULY 'l'8, l'985 : On motion 'by Mr. Sawicki , seconded by Mr.- Dou.gl.ass; _it was RESOLVED , 'that the following applications be and hereby are "SCHEDULED.'FOR PUBLIC 'HEA_RINGS to be_ held at the Southold Town Hall , Main Road , Southold , NY by the Southold Town Board of Appeals , on Thursday ; July 1'8-, 1'985 , _commencing at 7 30 p .m. and as noted below : 7 : 30 p .m. Recessed hearing of Joseph and Arlene Lestingi ; 7 : 35 p .m . Hearing of Socrates and Daphne Spirakis ; 7 : 40 p .m. Hearing of .John and Lorraine Fabry; 7 : 45 p .m. Hearing of Robert N . Kenney; 7 : 55 -p .m. Hearing of R. L . Bergen Oil Co . ; 8 :00 p .m. Hearing -of .Southland Corp . ' (7-11 ) ; 8 : 05 --p-.m. Heari n-g of ,John -F. Marti-n ; - - 8: 10 p .m. Hearing of .Commu-nity Christian Fellowship , Inc . and it was further RESOLVED; that the Secretary is hereby au thorized..iand::directed to advertise notice of same pursuant to law in the local and official newspa,p r8- bf the town , to wit : Suffolk Times , Inc-. and Long Island Traveler-Watchman , Inc . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . -- This resolution was adopted by unanimous vote of all the members . There being no other business properly coming before the board at this time , rnotioh: was: made--- by.:- Mr: : 'Goe{ir..inger , - seconded by Mr. Douglass , to adjourn . Thi-.s._ resolution was unanimously adopted . The meeting adjourned at 9 :00 p .m . Respectfully submitted; n 6id Kowa.? ski , Secretary Southold Town Board of Appeal s A roved - Gerard P. G9,dhringer /18/85 ED AND FILED BY EECEIV TovvN CIS THE SOUTHO� DATE �/'�S lioUR/ ; Town Clerk, Town of southoia