HomeMy WebLinkAboutZBA-09/12/1985 l -
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C:3 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 , SEPTEMBER 12 , 1985
A .Regular Meeting of the Southold Town Board of Appeals was
held on THU_RSDAY ; 'SEPTEMBER 12 , 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 the five members of the Board of Appeals .
Also present were Victor Lessard , Building Department-Administra-
tor , and approximately 12 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 : 35 p .m. Appeal No . .3.387 - Public Hearing was held in the
Matter of ALICE HUSSIE . Special Exception to the Zoning Ordinance ,
Article VII , Section 100-70 (B ) to establish tennis and recreational
facilities in , this "B-.:1 " General Business Zone . W/s Horton Lane ,
Southold , NY , containing 4+ acres . The Chairman read the applica-
tion and notice of hearing for the record. The applicant , Alice
Hussie , was present and spoke in behalf of her application . There
were no objections from the public . (See verbatim transcript of
hearing prepared under separate cover and filed simultaneously
herewith at the Town Clerk 's Office for reference . ) Following
the hearing , the Chairman moved to close (conclude ) .the hearing ,
seconded by Member Grigonis . This resolution was unanimously
carried , and decision was reserved until a later date pending
deliberations .
Southold Town Board of Appeals—..��__ September 12 , 1985 Regular Meeting
7 :40 p .m. Appeal No . 3390 - Public Hearing was held in the
Matter of RICHARD 'AND 'DIANE ALLEN . Variance to the Zoning Ordinance ,
Article III , Section 100-31 , for permission to construct new one-
family dwelling with insufficient rearyard setback . Premises
located along a private right-of-way off the South Side of Indian
Neck Lane , Peconic , NY . The Chairman read the appeal application
and notice of hearing for the record . The applicants , Mr . and
Mrs . Allen , were present and spoke in behalf of the application .
There were no objections from the public entered at the hearing .
(See verbatim transcript of hearing prepared under separate cover
and filed simultaneously herewith at the Town Clerk ' s Office for
reference . ) Following the hearing , the Chairman moved to conclude
the hearing , seconded by Member Grigonis , and unanimously carried .
( Pending SEQRA)
7 :45 p .m. Appeal No . 3394 - Public Hearing was held in the
Matter of STEPHEN EGGERS. Variance to the Zoning Ordinance , .
Article XI , Section 100-119 . 2 (B ) to construct bath-storage struc-
ture with insufficient setback from landward edge of tidal wetland
at 6675 Nassau Point Road , Cutchogue , . NY . The Chairman read the
appeal application and notice of hearing for the record . William
Berkoski appeared in behalf of the applicant briefly . There were
no verbal objections from the public during the hearing. (See
verbatim transcript of hearing prepared under separate cover and
filed simultaneously herewith at the Town Clerk ' s Office for
reference . ) Following the hearing , the Chairman moved to conclude
the hearing , and reserved decision until a later date (pending
compliance with SEQRA) . The motion was seconded by Member Doug-
lass , and unanimously carried.
7 : 50 p .m. Appeal No . 3379 - Public Hearing was held in the
Matter of RUTH ENTERPRISES. Variances to the Zoning Ordinance ,
(1 ) Article 100-70 A for permission to construct shopping center
in this "B-l " District containing less than one acre in area and
less than 150 ft . lot width (Art . VI , 100-62[B] ) ; (2 ) permission
to construct building with insufficient sideyards ; (3 ) approval of
less than 26 parking spaces as per Notice of Disapproval dated
June 10 , 1985 . Location of Property : S/s CR 48 , Peconic , NY .
The Chairman read the application and notice of hearing for
the record . Joseph Cornell spoke in behalf of the application .
(No objections were entered from the audience . ) The verbatim ,
c transcript of this hearing has been prepared under separate cover
and filed simultaneously herewith at the Town Clerk ' s Office for
reference . Following the hearing , motion was made by Mr. Goehringer ,
-So.0t'h:o1 d,. .T-owm. Board of Appeals -3- September 12 , 1985 Regular Meeting
(Appeal No . 3379 - RUTH ENTERPRISES , continued : )
seconded by Mr. Sawicki , to conclude the hearing pending deliberations
and a decision at a later date . Pending SEQRA time . compliance . )
This resolution was unanimously carried.
8 : 00 p .m. Appeal No . 3393 - Public Hearing was held in the
Matter of BARBARA D . SCHRIEVER. Variance to the Zoning Ordinance ,
Article VI , Section 100-60 to establish woodworking and metal shops ,
art studio and apartment in existing building located in this
"B-Light" Business Zone at the West Side of Tabor Road , Orient.
The ' Chairman read the appeal application and notice of hearing
for the record . Charles R. Cuddy , Esq . spoke in behalf of the
applicants , Mr. and Mrs . William Schriever , who were also present.
Abigail Wickham , Esq . spoke in behalf of the application for
Mr . and Mrs . Robert Sperber , and Henry Randall , who are the proposed
purchasers of the premises in question . (No verbal opposition was
received from the public during the hearing . ) The verbatim trans-
cript of this hearing has been prepared under separate cover and
filed simultaneously herewith at the Town Clerk ' s Office for
reference . Following the hearing , motion was made by Mr . Goeh-
ringer , seconded by Member Douglass , to conclude the hearing ,
pending deliberations and a decision until a later date . ( Pending
SEQRA compliance . ) This resolution was unanimously adopted .
8 :48 p .m. Deliberations commenced on each of the following
matters : i
Appeal No . 3381 - OTTO ZAPF. Decision pending from August 8th .
Appeal No . 3385 - JOHN MITSINI:KOS AND OTHERS . Decision
pending from August 22 , 1985 .
Appeal No . 3358 - GEORGE AND ALICE GLOGG . Decision pending
from August 22 , 1985 .
Southold. To.wn Board of Appeals -4- September 12,. 1985 Reg,ular Meeting
Actions .taken 9 :.30, as follows :'
PENDING DECISION : Appeal No . 3381 = OTTO ZAPF:
Application for OTTO ZAPF, by A. Wickham , Esq . , Main Road ,
Mattituck , NY for a Variance to the Zoning Ordinance; Article III ,
Section 100-32 for permission to construct accessory storage (garage )
building in the frontyard area, premises located at the northerly
end of private right-of-way off the North, Side of the Main Road ,
Orient , NY ; County Tax Map Parcel No . 1000-013-.02-004 :
Following deliberations , the board took the following
action :
WHEREAS, a public hearing was held and concluded on August 8 ,
1985 , in the Matter of the Application of 'OTTO 'ZAPF, Appeal No . 3381 ;
and
.WH.EREAS, the board members have consi.dere.d all testimony and
documentation .entered into the record in this matter_;_ and it i_s_
noted that there has been no public opposition ;. and
WHEREAS, the board members are personally familiar with the
premises in question and the surrounding prop_erti_es ; and
WHEREAS, the board made the following findings of fact :
1 . By this application, appellant requests permission to
locate an 28 ' by 28 ' _ accessory storage structure in the frontyard
area with a requested setback from the westerly property line at
not closer than 20 feet and from the south property line at not
closer than 150 feet .
2 .. The parcel in question is located in the "A-80" Residen-
tial and Agricultural Zoning District , contains an area of three
acres and is identified on the Suffolk County Tax Maps as District
1000 , Section 013 , Block 2 , Lot 4 .
3 . The subject premises is presently improved with one
single-family dwelling situate approximately 320 feet from its
front (south ) property line . For the record , it is noted that
the structure depicted "pch cott" at the northeast corner on the
'survey dated December 19 , 1984 , has been removed entirely .
Southold Town Board of Appeals -5- September 12 , 1985 Regular Meeting
(Appeal No . 3381 - OTTO ZAPF, continued : )
4 . For the record it is also noted that a conditional
approval of access and conditional alternative access route have
been granted under Appeals No . 3062 dated February 4 , 1983 , and
No . 3043 dated October 30 , 1982 .
5. It is apparent that in locating the requested accessory
garage-storage structure in the limited buildable rearyard area
near the bank along the L . I . Sound, a variance would also be
required under Article XI , Section 100-119. 2 . The board finds that
the area chosen is the most practical concerning the character ,
size , shape and location of the property in question .
In. .consi.dering this appeal , the board finds and determines
that : (1 ) the relief requested will not be detrimental to
adjoining properties ; (2 ) there will be no substantial change
in the character of this district ; (3 ) the relief requested
will not cause a substantial effect of any increased population
density ; (4 ) the circumstances of this appeal are unique ;
(5 ) the difficulty cannot be obviated by some method feasible
for appellant to pursue other than a variance ; (6 ) the
interests of justice will be served by granting the variance
applied as noted below.
Accordingly, on motion by Mr . Goehringer , seconded by
Mr . Grigonis , it was
RESOLVED , that the relief requested for an 28 ' by 28 '
accessory garage-storage structure ( incidental to the residential
use of this property and not operated for gain ) as requested under
Appeal No . 3381 in the Matter of the Application of OTTO ZAPF, BE
AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION :
That this accessory building not be used for habitable-
sleeping quarters (storage use only as limited by Art . III ,
Section 100-32 ) .
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-6- September 12 , 1985 Regular Meeting
PENDING DECISION : Appeal No . 3358 :
- Application of 'GEORGE- AND 'ALICE GLOGG - Variance to the Zoning
Ordinance , Article III, Section 10 -,3 _ And Article XI , Section
100-.118 (E)- for permission to construct addition , which exceeds 50%
_of the fair_ value of the existing nonconforming. building . Location
of Property : 11255 Sound Avenue , Mattituck, NY ; County Tax Map
District 1000 , Section 141 , Block 03 , Lot 6 . 3.
Following deliberations , the board took the following action :
WHEREAS, a public hearing was held and concluded on August 22 ,
1985 , in the Matter of the Application of GEORGE AND ALICE GLOGG ,
.Appeal No . 3358 ; and .
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter ; and it is
noted that there has been no public opposition ; and
WHEREAS, the board members are personally familiar with the
premises in question and the surrounding properties ; and
WHEREAS , the board made the following findings of fact:
1 . By this application, appellant requests permission to
construct a 25 '- by 40 ' addition at the north (rear ) of the existing
framed barn structure , which presently is of a size 21 . 1 ' by 39 . 2 '
or 827 . 12 sq . ft . , for a total storage area of 1 ,827 . 12 sq . ft .
2 . The proposed rear addition is shown in line with the
easterly sideyard setback at 15 . 2 feet, and will extend into the
westerly yard area not more than five feet . The building as
exists is set back 5'9 feet from the southerly (front ) property
line along Sound Avenue and 34 feet from the. westerly property
line along a private right-of-way .
3 . The parcel in question is located in the "A" Residential
and Agricultural Zoning District and contains an area of 15 ,803 sq .
ft . For the record is it noted that a variance was granted con-
cerning the area and width of this parcel under Appeal No . 2383
( Irene Cardinale ) on January 12 , 1978 , and grandfathered by the
Planning Board September 23_, 1980 (A106-53 ) . This same parcel
was also granted on April 11 , 1963 under Z . B. A. Appeal No . 554
for a lot width variance (during the time of 12 , 500 sq . ft . zoning )
in the application of Allen Besch .
4. In requesting a clarification from the building inspector
as to the grounds of his Notice of Disapproval dated December 31 ,
Southold Town Board of Appeals -7- September 12 , 1985 Regular Meeting
(Appeal No . 3358 - GEORGE AND ALICE GLOGG , continued : )
1984 , he has indicated that since the building is not a dwelling ,
its principal use is storage of the owner ' s own materials and
equipment . It is the understanding of this board that only
materials and equipment owned by the property owner has been
stored , and no leasing or rental of the premises shall be intended ,
nor shall the operation of a business or similar-type of establish-
ment be 'permitted .
5 . A Certificate of Occupancy , No . Z10789 was issued on
November 23 , 1981 (to Irene Cardinale ) indicating the premises
with nonhabitable building conforms to the zoning code .
. In considering this appeal , the board finds and determines
that : (1 ) the relief requested will not be detrimental to
adjoining properties ;_ (2 ) there will be no substantial change
in the character of this district; _(3 ) the relief requested
will not cause a substantial effect of any increased population
density ; (4 ) the circumstances of this appeal are unique;
(5 ) the difficulty cannot be obviated by some. method feasible
for appellant to_ pursue other than a variance ; (6 ) the
interests of justice will be served by granting the variance
applied as noted below .
Accordingly , on motion by Mr . Sawicki , seconded by
Mr . Douglass , it --was
RESOLVED , that the relief requested under Appeal No . 3358
in the Matter of GEORGE AND ALICE GLOGG for permission to con-
struct addition of a size 25 ' by 40 ' 1000 sq . ft . ) at the
northerly (rear ) end of the existing barn structure , BE AND
HEREBY IS APPROVED , SUBJECT TO THE FOLLOWING CONDITIONS :
1 . All storage must remain inside the building only.,
2 . The subject addition not to be placed any closer than
established setback from east line at 15 ' 2" and no closer than
28feet to the westerly property line ;
3. If the building is converted in the future to
one-family dwelling use , same must meet all building , zoning
and other regulations ;
4 . This variance approval is limited to allowing those
uses as permitted by the zoning code for this zoning district .
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 -8- September 12 , 1985 Regular Meeting
PENDING DECISION : Appeal No . 3385 :
Application of JOHN MITSINIKOS AND OTHERS , 72A Nassau Point Road ,
Cutchogue , NY for a Variance to the Zoning Or fnance , Article III ,
Section 100-30 for permission to construct tennis court in frontyard-
area and fence in excess of four-feet in height as restricted by
Article XI , Section 100-119. 1 . Location of Property : 7120 Nassau
Point Road (a/k/a 150 Bridge Lane ) , Cutchogue , NY ; County Tax Map
District 1000 , Section 111 , Block 15 , Lot 4. 1 (4 & 5 ) .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on August 22 ,
1985 , in the Matter of the Application _of JOHN MITSINIKOS AND OTHERS ,
Appeal No . 3385 ; and
WHEREAS , the board members have considered all testimony and
documentation entered into the record in this matter; and it is
noted that there has been no public opposition ; and
WHEREAS , the board members are personally familiar with the
premises in question and the surrounding properties ; and
WHEREAS , the board made the following findings of fact :
1 . By this application , appellant requests permission to
locate a 120 ' by 60 ' tennis court with 12 ' -high fencing in the
frontyard area of the premises in question , approximately 44 feet
from the easterly property line along Nassau Point Road , and
approximately 120 feet from the southerly property line along
Bridge Lane , Cutchogue , NY ; County Tax Map District 1000 , Section
111 , Block 15 , Lot 4. 1 (4 & 5) . The fencing is proposed to be
only around the perimeter of the tennis court structure .
2 . The premises in question contains a total lot area of
1 . 14 acres and is improved with a single-family , two-.story frame
house situate 160 feet from Bridge Lane and 100 feet off Nassau
Point Road at the northwest corner , 20± feet from the northerly
property line .
3. Upon investigation and in light of the circumstances
of this property, its present building , and its single-family use ,
the board finds the area chosen to be the most feasible , parti -
cularly since the rearyard area is very limited (even for a small
accessory building ) .
(CONTINUED ON PAGE 9 )
Southold Town Board of Appeals -9- September 12 , 1985 Regular Meeting
(Appeal No . 3385 - JOHN MITSINIKIS, decision , continued : )
In considering this appeal , the board finds and determines
that : (1 ) the relief requested will not be detrimental to
adjoining properties ; (2 ) there will be no substantial change
in the character of this district ; ( 3 ) the relief requested
will not cause a substantial effect of any increased population
density ; (4 ) the circumstances of this appeal are unique ;
( 5 ) the difficulty cannot be obviated by some method feasible
for appellant to pursue other than a variance ; (6 ) the
interests of justice will be served by granting the variance
applied as noted below.
Accordingly , on motion by Mr . Grigonis , seconded by
Mr . Sawicki , it was
RESOLVED , to GRANT the relief requested under Appeal
No . 3385 in the Matter of the application of JOHN MITSINIKOS for
a 120 ' by 60 ' tennis court with 12 ' fencing around the perimeter
thereof, SUBJECT TO THE FOLLOWING CONDITIONS :
1 . Fence not to exceed 12 ' from plane surface ( in height ) ;
2 . There shall be no obstrusive lighting ;
3 . The placement of the subject tennis court and fencing
shall be no closer than 44 feet to Nassau Point Road and no closer
tha 120 ' to Bridge Lane , as requested in the application ;
4 . There shall be screening (evergreens ) or similar hedge-
type shrubbery along the fence area off Nassau Point Road ;
5 . This variance .is only for the tennis court and fencing
and does not recognize approval of any other structures ) in the
frontyard area at this time .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was unanimously
adopted by all the. members ..
Southold Town Board of Appeals -10- September 12 , 1985 Regular Meeting
PUBLIC HEARINGS FOR NEXT REGULAR MEETING: In reviewing
the new applications pending, motion was made by .Mr. Douglass ,
seconded by Mr. Goehringer , that it be
RESOLVED , the following applications be and hereby are
scheduled to be held for public hearings at the next Regular
Meeting of this board , to wit : THURSDAY , OCTOBER 3 , 1985 , to be
held at the Southold Town Hall , Main Road , Southold , New York ;
and that it be further
RESOLVED, the ,- Secretary, Linda Kowalski , is hereby authorized
and directed to advertise notice of same pursuant to law in the local
and official newspapers of the town , to wit : The Suffolk Times , Inc .
and the Long Island Traveler-Watchman , Inc . :
7 : 35 p .m. PETER AND HELEN PURIC , Appeal No . 3401 - Variance
to Art. III , Section 100-31 to construct addition with
reduction in total sideyard area . 1250 Second Street , New
Suffolk , NY ; 1000-117-07-23 .
7 : 40 p .m. JANE M. WREN , Appeal No . 3398 . Variance to expand
nonconforming building by more than 50% of fair value .
3355 Soundview Avenue , Mattituck .
7 : 45 p .m. ' WILLIAM "NEDOSZYTKO , Appeal No . 3395 . Variance
for approval of insufficient lot width (road frontage ) of
this proposed 80 ,000 sq . ft . parcel to be set-off. from
27 . 934 acres . W/s Aldrich Lane , Mattituck .
7 : 50 p .m. DONALD W. AND JUDITH LUCHSINGER, Appeal No . 3397 -
Variance to Art . XI , Section 100-119. 2 B for permission
to construct addition to dwelling with insufficient setback
from the ordinary highwater mark along Deep Hole Creek ,
premises known as 820 Lupton ' s Point , Mattituck.
7 : 55 p .m. HOWARD HOEY , Appeal No . 3391 . Variance to Art .
III , 100-31 for approval of insufficient lot area ..and width
of one parcel in this proposed division of land . S/s Main
Road , Orient .
8 : 00 p .m. 'PHILIP G . HORTON , Appeal No . 3392 . Variance to
Art. III , Section 100-31 , and Art . VI , Section 100-61 , for
approval of insufficient lot area and width of parcels in
this proposed set-off division of land located at the
South Side of Main Road , Peconic , NY .
8 : 05 p .m. 'THEODORE AND MARIE PETIKAS , Appeal No . 3389 .
Variance to Art. II , 100-22 ( D) to utilize entire premises
located partly in "A" and partly in "B-Light Zones for
Southold Town Board of Appeals -11 - September 12 , 1985. Regular Meeting
( Public Hearings for 10/3/85 , continued : )
use of entire premises as permitted by Art . VI , Section 100-60
"B-Light" Business . Corner of North (Main ) Road , and Sound
Road , Greenport .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .
PENDING DECISION : Appeal No . 3386 - NICHOLAS TSIRKAS . The
public hearing on this matter was held on August 22 , 1985 , at
which time the hearing was concluded pending requested communica-
tions from the Soil and Water Conservation Service . To date , a
response has not been received and the board chose not to deliberate
or take action until either a response has been received or at
the next available meeting date .
ENVIRONMENTAL DECLARATIONS :
On motion by Mr . Douglass , seconded by Mr . Goehringer , it was
RESOLVED , to declare the following Environmental Declarations
indicating nonsignificant effects on the environment pursuant to
Part 617 of the implementing regulations 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 :
Notice 'of Determination 'of Non-Significance
APPEAL NO . 3394
PROJECT NAME : Stephen Eggers .
. This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of _the N . Y . S . Environmental
Qu.al_ity:.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 significant
adverse effect on the environment for the following reasons :
(1 ) An Environmental Assessment in the short form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented
as planned;
(2 ) The property in question is at an elevation of 10 and more
feet above mean sea level .
Southold Town Board of Appeals -12- September '12 , 1985 Regular Meeting
( Environmental Declaration - Eggers , continued : )
Type of Action : [ X ] Type II [ ] Unlisted [ ]
Description of Action : Variance to construct accessory bath-
storage structure in rearyard with an insufficient setback from ordinary
highwater mark .
Location : 6675 Nassau Point Road , Cutcho.gue , New York.
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3387
PROJECT NAME: ALICE HUSSIE
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: Special Exception to establish tennis
and recreational facilities in this " B-l " Zone .
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Four pl.us acres along the west side of
Horton Lane , Southold , 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 located within 300 feet of
tidal wetlands (or other critical environmental area).
(3 ) This project... is not directly related to new construction .
South.o.ld. Town Board, of. ,Appeals - 13- September 12 , 1985 Regular Meeting
( Environmental Declarations , continued : )
S.E.Q.R.A..
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. :' 3379
PROJECT NAME: RUTH ENTERPRISES 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: Variaric.es :; M for permission -to- construct
shopping center on less than one, acre and less than 150 '' lot width;
(2) construct building with insufficient sideyards; (3) Less than 26 parkign spaces.
LOCATION OF PROJECT: Town of .Southold., County of Suffolk,' more
particularly known as: South Side of C . R... ..48 , Peconi c , 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 more than 300 ' from tidal wetlands
(or other critical environmental area ) .
Southold Town Board of Appeals -14- September 12 , 1985 Regular Meeting
(Environmental Declarations , continued : )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3390
PROJECT NAME: RICHARD AND DIANE ALLEN
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: [X ] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION• Variance for permission to construct new
single-family dwelling with an insufficient .rearyard setback (at 46 ' ) .
LOCATION OF PROJECT: Town of Southold, County::of Suffolk, more
particularly known as: Private right-of-way located off the south side
of Indian Neck Road , Peconic , 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 at an elevation of more than 10
feet above mean sea level .
Southold Town Board of Appeals -15- September 12 , 1985 Regular Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3393 .
PROJECT NAME: '. BARBARA D. SCHRI.EVER 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 permission to establish
woodworking and metal shops,, art studio and apartment in existing
building located in this 'B-Li ht" Business Zoning District.
LOCATION OF PROJEC T -Town of .Southold, County of Suffolk, more
particularly known as: West Side of Tabor -Road, 0_rient , NY ; - County
. Tax Map Parcel ID No . 1000-25-5712 .
-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 critical environmental area .
(3 )__ . This project is not - directly_ related to new construction .
Southold Town Board of Appeals -16- September 12 , 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 .
* * *
APPROVAL OF MINUTES : On motion by Mr. Sawicki , seconded by
Mr . Grigonis , it was
RESOLVED , to approve the Minutes of the August 22 , 1985 Regular
Meeting of this board as submitted .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was adopted by
unanimous vote of all the members .
* * *
NEW APPLICATIONS FOR REVIEW 'AND FIELD INSPECTIONS : The
board reviewed each of t e following matters which - were recently
filed and indicated that the tentative hearing date would be on
or about October 24 , 9.85 , **except as noted :-
Appeal No . 3400 - JAMES 'R. AND 'MARY M. TYLER . Special Exception
to operate public garage on premises ' loc_ated at ,-the- NorthI.S de
of..Mai h:.Road,; .-.Laurel ; - Minor Subd. Lo.t #3 of Matti tuck Holding
Corp . ' (**Planning Board comments expected by ' 10/7 ) .
Appeal No . 3402 - EMILIA T. PIKE . Proposed set-off division ,
lots having insufficient area and width . N/s Main Road ,
Mattituck . '(.**Planning Board comments expected by 10/7 ) .
Appeal No . 3391 - C . BRUCE STAIGER . Re-separation of two par-
cels as existed in 1952 . Two lots , each having insufficient
area and lot width . East Side-_ of Wells Road , Peconic . (**DEC & .PB)
Appeal No. 3403 - ANNA LORIA. Proposed set-off division , lots
having insufficient area..-.and width . West Side of First Street ,
New Suffolk,- NY. (**Await Co . Health Art. VI and PB) .
There being no other business properly coming before the board
at this time , mbt1oh was made by- Member S-aWicki , seconded by
Mr . Goehringer , to adiourn `:-.,This 'resoIution was unanimously
carried , and- the meeting wase'o1ficially adjourned at 9 : 30 p .m.
spectfu�ly submitted ,
L n a Kow lski , Secretary
pproved - /3 5 Southold Town Board of Appeals
Gerard P. Goehi-inger Chairman
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLE s.�
DATE HOUR
Town ler�, T wn of Sout:o�3