HomeMy WebLinkAboutZBA-08/14/1986 T 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 M I N U T E $
JOSEPH H. SAWICKI _ _
REGULAR MEETING
THURSDAY, I-AUGU.ST '14-; '1 986
A Regular Meeting of the Southold Town Board of Appeals
was held on 'THURSDAY , AUGUST '14 , 1986 at 7 : 30 o ' clock p .m. at
the So„uthold. Town Hall , .M.ain ._Road., Southold, New York -11971 .
Present were : Gerard P. Goehringer , Chairman ; Serge
Doyen-,, Jr . ; Robert J . Doug_las.s ; Charles Grigonis , Jr. ; and
Joseph H . Sawicki , constituting the five members of the Board.
.Also present were : Linda Kowalski , Board Secretary , and
approximately 35 persons in th-e audience at the be 9inning
of the meeting at. 7 : 30 . The attendance increased .to about
60 persons towards the latter part of the hearings .
Chairman Goehringer opened the meeting and proceeded
with the first. matter on the agenda, as follows ... (The
Verbatim transcri'pts . for all - of the hearings have been
prepared under 'separate coV-er , the originals of which are
simultaneously he._rewith fi,l-ed with the-.. Office of the Town
Clerk for reference . )
7 : 35 P .M. Public Hearing was held and concluded in the
Matter of 'GEORGE AND PAT BROWN . Deck. addition to dwelling
with insufficient and.- further reduction of .existing s,ideyard .
150 .Briarwood Lane , Cutchogue . R. Kunst appeared as agent .
(No objections were submitted during the hearing . ) Following
the hearing , 'an unanimous vote was received to .concluded the
hearing , pending deliberations and decision at a later time .
A.'
Southold Town Board of Appeals -2- August 14 , 1986 Regular Meeting
(Public Hearings , continued : )
7 : 40 p .m. Appeal No . 3477 . Public Hearing was held in the
Matter of WILLIAM AND KATHERINE HEINS . Anthony Tohill , Esq .
spoke in behalf of the applicants , who were also pre.sent . (No
opposition was received. See verbatim transcript ) . Following
receipt of verbal testimony , motion was made by Chairman Goeh-
ringer , seconded by Member Sawicki , to recess .Appeal No . 3477
unti.l .'the Chairman has had an opportunity to meet with the
Planning Board concerning the general layout (coordination
was not completed and no input has been received from the
Planning Board ) . This resolution was duly adopted.. by unanimous
vote . (See resolution on p. scheduling this matter for
public hearing for September 11 , 1986 , subject to Chairman ' s
meeting with Planning Board before advertising deadline . )
7 : 52 p .m. Appeal No . 3520 - THOMAS SHALVEY . Public Hear-
ing was held and concluded . -; ;. (Nb_.oral: � objections were submitted
during the hearing) . Variance for approval of insufficient
area , width and depth of two parcels in this proposed set-off
division . S/s Case Road , Cutchogue . Henry Raynor appeared. in
behalf of the applicant . The Chairman asked Mr . Raynor to
submit a list of other parcels which have become merged within
this block . (See verbatim transcript for stat-ements . )
7 : 58 p . m. Appeal No . 3532 - ARTHUR AND BERNADETTE BURNS .
Tennis Court in front yard . 3525 Private Road #13 , Mattituck .
Anthony Tohill , Esq . appeared in behalf of-the applicants .
No objection s,_ were submitted during the hearing . The-public
hearing was held and concluded . (See verbatim transcript for
statements . )
8 : 05 p . m. Appeal No . 3433 - GAIL DESSIMOZ AND MICHAEL RACZ .
The public hearing was held and concluded . See verbatim
transcript for statements . ) The Chairman asked the applicants
to give sketch of trees and shrubs in the area of Charles
Simmons right-of-way. Abigail Wickham , Esq . spoke in behalf
of an adjoining property owner , Charles Simmons . Following
testimony ,- motion was made to concluded the hearing , by .Chaifrman
G.pehringer , seconded by Member Douglass , and duly carried .
*� I
Southold Town Board of Appeals -3- August 14 , 1986 Regular Meeting
(Public Hearings , continued : )
8 : 20 p .m. Appeal No . 3530 - RAYMOND T. GOODWIN . Public Hearing
was held and concluded . (See verbatim transcript for statements . )
Abigail Wickham , .Esq . appeared and spoke in behalf of the applicant.
The Board asked that the kitchen and deck additions be staked for —
another inspection . No objections were voi:ced:'during the hearing.
Following testimony , the Chairman moved to conclude the hearing ,
pending re-inspection , deliberations and decision at a later date .
The Chairman ' s motion was. seconded by Member Grigonis , and unani -
mously carried .
8 : 28 p .m. Appeal No . ' 3533 - JOHN' 'AND 'JEANNE 'BREDEMEYER. Public
Heari ng was hel d . Abi gai_l Wi ckh_am., Esq appeared. i h.- behalf of _the.
applicants (See verb-atim transcript prepared under separate cover
and filed with the Town Clerk ' s. Office._ for reference . ) - Motion was
made by Mr . Goehringer , seconded -by Mr . Douglass , . and - unanimously
carried , to recess the public hearing until September T1 ; 1986 . _
This resolution was duly adopted .
8 : 40 p .m. Appeal No . 3539 = 'MICHAEL HERBERT. Public Hearing
was held and concluded . Patricia Moore _appeared ' in behalf of the
applicant . No objections. -were voiced during the hearing_. Follow-
ing testimony , motion was made by Mr. Goehringer , seconded -by ..
Mr . Grigonis, and duly carried , to conclude the hearing , pending
deliberations and decision at a later time . This resolution was
duly adopted .
8 : 50 p .m. Appeal No . 3442 - 'JOHN J . NEWMAN . Public Hearing
was held and concluded . (See verbatim transcript . ) No objections
were voiced during the hearing . Abigail Wickham , Esq . appeared
in behalf of the applicant together with Tony Litsch_,. Su.) lder .
Following testimony ,_ Motion was made by Mr . Goehringer , seconded
by Mr. Sawicki , an_d_ duly carried, to conclude the hearing pending
deliberations and decis__ion at a later time . This resolution was
duly adopted .
Southold Town Board of Appeals -4- August 14 , 1986 Regular Meeting
(Public Hearings , continued : )
9 : 00 p .m. Appeal No . 3535 - NORTH FORK FRIENDS OF KENYON TUTHILL .
Public Hearing was' held and concluded . No objections were voiced
during the hearing . Mr. William Mcgunnigle appeared and spoke in
behalf of the application . _ Following testimony , motion was made by
Mr . Goehringer , seconded by Mr.-- Sawicki , to conclude the hearing ,
pending deliberations and decision later . This resolution was duly
adopted by unanimous vote . _
Motion was made by Mr . Sawicki , seconded by Mr . Goehringer , at
this point in time , to__ recess for three minutes. * This resol_uti.on
was unanimously adopted . _
9 : 18 p . m. Motion was made by Mr . Sawicki , seconded 'by Mr.
Goehringer , and duly carried , to RECONVENE. . This resolution was
duly adopted .
9 : 20 .p .m. Appeal No . ' 34.78 . 'BECKY JOHN.STON . Public Hearing
was held and conc_.luded . Michael Ha.11 ,_ Esq�appeared in behalf of
the applicants . Philip. Cardinale, _'.Esq . appealed in behalf of
the Bokina Family. _Mr . Hall i.n_dicated that this was a request
only for temporary 280-a in order to weatherize the structure
for protection against_ bad weather condition's , and not for
occupancy or further construction . (See other statements
prepared in the verbatim transcript . ) Following testimony ,
motion was made by Mr. Goehringer , seconded by Mr . Douglass ,
to conclude the hearing . This_ resolution was unanimously adopted.
9 : 55 p .m. Appeal. No . 3513 = 'STEPHEN SHILOWITZ. Public_
Hearing was reconvened, (from _July 17_,.._ 19867 a.s agreed .__ Charles
Cuddy , Esq . of Esseks , Hefter_, _C_uddy & Angel , appeared in behalf
of the applicant . Lawrence Storm , Esq . o.f Twomey , Latham , Shea__.
& Kelley , appeared in behalf of' Pi:pes_.. Cov.e Association Residents .
Following lengthy testimony , motion was made by Mr. . . Goehringer ,
seconded by Mr . Douglass , _to 'recess the public heari_ng 'unti_l
September 11 ; 1'986 ,_ in order to allow time . for the . applicant
and his attorney to consi'deryaddre.ssirig the 'elimi'natio_n of
one unit fora- r..ed.ucti.on in the amount of relief being requested .
This resolution was unanimously adopted ..
10 :.35 p .m. The board proceeded with deliberations and
decision in the Matter of Appeal No . ' 3535 - NORTH. 'FORK "FRIENDS
OF KENYON TUTHILL for a special fundraising event in conjunction
with fireworks display at . 895 N . B:ayview Road , Southold._
(continued on next page )
i
• Southold Town. Board of _Appeals -5- August 14 , 1986 Regular Meeting
PENDING DECISION : Appeal No . 3535 :
Application of NORTH FORK 'FRIENDS OF KENYON TUTHILL for a Variance
to the Zonin.g Ordinance , Article III , Section 100-30' for .permission to
use premises for a special fund-raising event in conjunction with fire-
works display , at premises of W. F. and T .A. LaMorte , 895 North Bayview
Road , Southold , NY ; County Tax Map Parcels No . 1000-70- 13-20 (20 . 1 to
20 . 21 , inclusive ) .
Following deliberations , the board took the following action :
WHEREAS , a public hearing was held and concluded on August 14 , 1986
in the Matter of the Application of N. F. FRIENDS OF KENYON TUTHILL under
Appeal No . 3535 ; 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 , at said hearing all those who desired to be heard
were heard , and their testimony was recorded ; and
WHEREAS , the board has carefully considered all testimony
and documentation submitted concerning_ this application ; and
WHEREAS , the board made the following findings of fact :
By this application , appellant requests a Variance to the
Zoning Ordinance under the provisions of Article III , Section 100-30
for permission to hold a private "one-d_ay special fund-raising
event" to be held on private property known and referred to as
895 North Bayview Road , Hamlet of Southold , with a maximum attend-
ance of 400 persons . The event is conducted by volunteers ,
and wi,ll ' be supervised by 50 volunteer police officers as well
as other local. supervision . There will be no minors under the
age of twenty-one years of age . Access and egress to the event
will be via a paved , two-way driveway off the east side of North
Bayview Road . On-site parking is to be directed and supervised
for 200 cars adjacent to an open field, for a total area of
43 ,200 sq . ft . A tent will be erected near the parking area
of a size approximately 100` by 75 ' . A minimum of six portable
toilet facilities will be provided . A certificate of insurance
#172 was issued July 155 1986 by the Lexington Insurance Company
for August 29 , 1986 , or rain date of August ' 30 , 1986 .
Southold Town Board of Appeals -6- August 14, 1986 Regular Meeting
(Appeal No . 3535 - N . F:F. OF KENYON T.UTHILL , decision , continued : )
. By action taken by the Southold Town Board on July .15 ,
1986 , a .Public Display of Fireworks Permit was issued by the
Town Clerk dated July_. 18, _1986 , to b.e held as conditionally
noted therein .
It is also noted for the record that presently under
review and consideration by the Town of Southold is a. local
law for public assemblies , and a - public hearing and final
action is expected in. the near future .
In considering this appeal , the board finds and determines :
(a ) that the use proposed is not inconsistent with the general
purposes of the intent of zoning ; ( b) the circumstances_ are
unique ; (c ) the temporary use applied for will not alter the
essential character of the neighborhood ; (d) the use will not
prevent the orderly and reasonable use of this district or
adjacent use districts ; (e ) th_e safety_, health , welfare ,
comfort , convenience and order of the town will not be adversely
affected by this temporary use ; (f) the interests of justice
will best be served by allowing the variance , for the date
requested .
Accordingly, on motion by Mr . Grigonis , seconded by
Mr . Sawicki , it was
RESOLVED , that a Variance for permission to hold private
fund-raising event for August 29 ,_. 1986 , or rain date of .August 30 ,
1986 , in. the Matter of the Application ofNORTH FORKFRIENDS OF
'KENYON 'TUTHILL be and hereby i_s APPROVED. 'AS 'APPLIED .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This ' resolut.ion was duly. adopted .
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' c
Southold Town Board of Appeals -7- August 14 , 1986 Regular Meeting
PENDING : Appeal No . 3458 - NORTH ROAD ASSOCIATES . Pending
Variance for approval of insufficient area in this proposed
minor subdivision along ROW off the north side of the Main Road ,
Orient . This application was filed on January 21 , 1986 with
the Board of Appeals , and subsequently , a report- was submitted
as requested by :the Z. B .A. from..the .Suffolk County Soil and
Water Conservation District. Input-was received from the
Planning Board , and the fo.,llowi'ng action was taken by them
on May 5 , 1986 :
( 1 ) Recommend this proposal be clustered the alleviate
the need for a variance . _._ [See. Town At letter _d_ated
April 21 ,- 1 986 'outlining Section 100-136E of the Zoning Code
as to requirements_ for a Cluster Development . ]
(2 ) Parcel sold to North Road Associates from Droskoski
seems to have been merged to other contiguous property owned
by Droskoski ; which should be clarified _before proceeding .
The proposal submitted for consideration by the Z . B. A. indicates
a . homeowner.,':s. association is not being proposed , as required by
Section 100-.1.36E , which prompted this., variance request under
Section 100-31 .
A public hearing was held by the Z . B. A. on May 22 , 1986 ,
at which time a recess was reque._sted by the applicant' s. agent,
John DeReeder . On June 25 , 1986, 'a written request _.was received
from.-John De Reeder requesting the Z . B.A. withdraw the application
pending in order to pursue a different route .
NOW , THEREFORE , on motion by Mr . Grigonis , seconded by
Mr . Douglass , it was
RESOLVED , that the application in the Matter. - of .'NORTH -
ROAD ASSOCIATES under . Appeal No . 3458; 'BE AND HEREBY IS WITH-
DRAWN WITHOUT. 'PREJUDICE as requested.
Vote of the Board : Ayes : Messrs . Goehringer , Doyen ,
Grigonis , Douglass and Sawicki. ' This resolution was duly adopted .
PENDING DECISION : Appeal No . 3523 - STEVE KALAIJIAN .
WHEREAS , a public hearing was held and concluded on July 17 ,
1986 in the Matter of the Application of' STEVE KALAIJIAN under No. 3523; and
WHEREAS.,..-the�board members have personally viewed and are familiar with
the premises in question, its present zoning_ and the surrounding area; 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 documenta-
Southold Town Board of Appeals -8- August 14, 1986 Regular Meeting
(Appeal No. 3523 - KALAIJIAN, decision, continued:)
tion submitted concerning this application; and
WHEREAS, the board made the following findings of fact:
1. The premises in question is a described parcel of land containing an
acreage of 3.9486 and average lot width of 170 feet, and is more particularly
described on the Suffolk County Tax Maps as District 1000, Section 112, Block
O1, Lot 018.
2. The subject premises is unimproved and is at the present time subject
to a pending conditional 280-a decision rendered by this Board concerning this
private right-of-way under Appeal No. 3218 dated November 15, 1984 (J. Wanat) .
3. By this application, appellant requests approval of the proposed
insufficient area of Parcel #2 in this two-lot division/set-off of land
of 62,070 sq. ft. Proposed Parcel #1 would be 109,932.92 sq. ft. The
depth of both proposed lots are 396.72 and 658.28 feet, respectively.
4. The topographical contours of the premises varies as shown on plat
prepared by Bernhard H. Henn January 24, 1986 from 210 feet along the right-of-way
to 255 and 260 feet within the building areas to the top of bluff. The area
of unbuildable land below the bluff area has not been furnished, although when
scaled on the January 24, 1986 plat, it appears to be an area of approximately
54,000 sq. ft.
5. It is the opinion of the board that the variance requested is 23,850±
sq. ft. , or 30% of a variance from the requirements, which is not the minimal
which can be obtained under the circumstances.
In considering this appeal, the board also finds and determines: (a)
that the practical difficulties claimed are not sufficient to warrant a grant-
ing of the relief, as requested; (b) the circumstances are not unique;
(c) the relief requested is not the minimal necessary; (d) there is another
method for appellant to pursue; (e) that in view of the manner in which the
difficulty arose and in consideration of all the above factors, the interests
of justice will best be served by denying the variance, without prejudice.
Accordingly, on motion by Member Douglass, seconded by Member Grigonis,
it was
RESOLVED, that the relief requested under Appeal No. 3523 in the Matter
of the Application of STEVE KALAIJIAN BE AND HEREBY IS DENIED WITHOUT PREJUDICE,
AS APPLIED.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass
and Sawicki. This resolution was duly adopted.
Southold Town Board of Appeals -9- August 14 , 1986 Regular Meeting
APPEAL NO . 3511 - KAPELL REAL ESTATE INC . and LIMPET CORP.
Correspondence was received August 11 , 1986 from David E. Kapell
requesting the Zoning Board proceed with a public hearing simul -
taneously with the pending application under Article VI with the _
Suffolk County Health Department . The Board of Appeals wrote
Mr . Kapell in May 1986 advising him that our file is incomplete
without Article VI approval /waiver . Mr. Kapell submitted a
copy of an August 5 , 1986 letter from ' James I._. Monsell , Super-
intendent of Public Utilities of the Village of Greenport ,
indicating that _the " . . . request_ of Fanny Rodriquez 'for water
and sewer service on''a lot on. Brown. Street by .way of an easement
from Linnett Street was.- studied by the Utility Committee on
May 28 , 1986 and recommended a favorable acti-on . . . . "
It was the consensus of .the. Board after reviewing Mr . Kapell ' s
August 8 , 1986 letter not to proceed with a public hearing until
such time _as action is taken _by the Suffolk County Health_ Depart-
ment under Article VI in accordance wi._th .the policy and rules ,
without exception .
The Board '-Secretary was authorized and directed to send a
letter to Mr . Kapell advising him of the board ' s. unchanged
position .
APPROVAL 'OF 'MIN.U-TES . On motion by Mr. Douglass , seconded
by Mr . . Sawi c_ki ,__ it was
RESOLVED , to approve the Minutes of the Jdl'y._ l7 ;. 1986
Regular Meeting .
Vote of .the. Board : 'Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawi.cki.. This resolution was duly adopted.
INFORMAL INTERDEPARTMENTAL CONFER.ENCE : A date of
August 27 , - 1986 at 7 :.O0 .p :_m . was confirmed for the Chairman
and any other ZBA members to meet with one ,or more . members
of the Town Board and Planning Board concerning several
pendf. g .applications . .
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Southold Town Board of Appeals -10- August 14 , 1986 Regular Meeting
NEW APPLICATION : Appeal No . 3545 - PATRICK AND BLAISE STIG-
LIANI . Filed August 6 , 1986 . Variance for approval of i.nsufficient
area of two proposed parcels in this pending set-off division of
land located along the north side of Bayview Road , Southold;
1000-78-7-43 . _ Total lot area : one acre . Proposed : 2.1 ;288 sq .
ft . and 22 ,616 sq . _ft.. , improved and vacant , respectively .
Attorney for the Applicants : Alfred J . Skidmore , Esq .
On motion by Mr . Douglass , seconded by Mr. Goehringer , it
was
RESOLVED , that the following matter be held in abeyance
pending receipt of .action ,by the Suffolk County Health Depart-
ment in accordance with the policy and rules of Article 6.; and
input by the Planning Board _ un der . the Subdivision Regulations :
Appeal N.o... ' 3545 'P.ATRICK 'AND 'BLAISE STIGLIANI .
Vote of...the Board : 'Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . , Tfis::resolution was duly adopted .
UPDATE : Appeal No . 3462 - HERBERT MANDEL by Abigail Wickham ,
Esq . Variances :..: (a ) ; l.ots'-hay.i.ng insufficient lot area ; (b ) lots
having insufficient lot depth , . (c ) Lot having insufficient lot
width , (d ) Lot 3 as proposed with structure having an insufficient
frontyard setback, (e ) Lots 2 and 3 as proposed each will contain
structures that do not meet principal -use requirement fo-
r a single-
family dwelling , ( f) existing barns on Lots 2 and 3 as proposed ,
will.--have insufficie-nt setbacks from proposed front property line
(and boundary line , dividing Lots 2 and 3 running north and south ) .
9355 Main Road_, East Marion ; 1000-31 -3-11 . 25. Containing 2 . 918
acres .
Correspondence r.ecefved August 14 , 1986 and July 23 , 1986 ,
were reviewed by the Board members .. as to the status with t_h_.e
County Health Department and preparation of final maps .
It was the consensus of the Board that the file is incomplete
without action by the Suffolk County Department Health as required
by the rules and policy established_, under Article 6 , without
exception . The Board .Secreta:ry was authorized and directed to
send the above response to the applicant ' s. attorney.
e i
Southold Town Board of Appeals -11 - August 14 , 1986 Regular Meeting
NEW APPLICATION : Appeal No . 3546 - GREGORY FOLLARI - Variance
from Condition No . 2 of Z . B . A. Decision rendered July 31 , 1986
under Appeal No . 3502 in order to be permitted to remove mound of
dirt along .bluff of Long Island Sound for_.better waterview.
The Board Secretary advised the'-Board that she spoke with
Dennis Cole , Analyst for the N . Y . S . Department of Environmental
Conservation , who- indicated tha.t alteration of bluff areas are.
definitely within their jurisdiction , and wil-1 require a formal
application to them.
It was the consensus of the board to hold this matter
temporarily in abeyance pending formal application by Mr . Follari
to the N . Y . S . D . E . C . and submission of D . E . C . action to this _
board before scheduling this .variance application for a public
hearing . _
PARTTIME 'OFFICE 'ASSI.STANCE : The Chairman suggested that
MaryAnn Cy a s i be perm ute to increase her hours in the
office from 17Z to 25 hours during the Week of August 25th
(while the Board Secretary is using vacation _time ) . The
board members were in agreement .
CALENDAR OF HEARINGS : On motion by Mr . Douglass , seconded
by Mr . Goehring_er., it 'was
RESOLVED , that the Board Secretary is hereby authorized
and directed to advertise the following matters _for public
hearings to be held . at . the next -._Regula.r . Meeting of this
Board , to wi t : ' THURSDAY , 'SEPTEMBER J1 ; '1986 : ._
7 : 35 p . m. Appeal No . 3540 - MARK AND LORRAINE 'LaROSA.
Variance to construct..deck addition at rear. of dwell..ing
within 75 feet of ordinary highwater mark along "Horton Creek. "
7 : 40 p .m. Appeal No . 3541 _' = 'RIAL 'REALTY CORP . Variances
for approval of .in_suf_ficient lo-t . width of three proposed par-
cels in this. pending minor subdivision , _N/s Oregon _Road ,
Cutchogue .
7 : 50 .p .m. Appeal No . ' 3533 = JOHN 'BREDEMEYER. (Recessed
from tonight ) . New dwelling wit suff h inicient._..setback from
ordinary highwater mark -along Orient Harbor .
7 : 55 p .m. Appeal No . 3477 = 'WILLIAM 'AND KATHERINE HEINS .
(Recessed from tonight ) . Insufficient area , width and depth
of two proposed parcels . N/s Main Road , Orient .
8 : 00 p .m. Appeal No . 3544 = 'JAMES F. WARWICK. Variance
to lift condition of prior ZBA Appeal No . 1729 rendered on
Southold Town Board of Appeals -12- August 14 , 1986 Regular Meeting
(calendar for 9/11 /86 , continued : )
March 8 , 1973 in order to allow new dwelling . South Side of Fasbender
Avenue , Peconic .
8 : 10 p .m. Appeal No . 3534 = ROBERT WADDINGTON . Addition with
insufficient rear-- and side yards . 13175 Main Road , Mattituck. B-1
Zone District .
8:20 .p .m. Appeal No . 3550 'JOSEPH 'AND LINDA SCHOEN.STEIN .
Vari ances to Articles..: ' (a ). VI ,. .100-.60 to expand nonconforming use
of welding business , (b) XI.,;'.100-,119 . 2.( B) to construct new
building and expand nonconforming welding business use within
75 feet from wetlands area_. S/s_ Main Road, Greenport .
8 : 35 p .m. Appeal No . 3538 = JEFFREY. BETTAN000RT . Variance
for pool with fence enclosure and gazebo within 100 feet from
top of .bluff along L . I .__ Sound . 2410 Grandview Avenue , Orient.
8 : 40 p .m. Appeal No . ' 3513 - STEPHEN 'SHILOWITZ (Recessed
from tonight) . Condominium construction within 75 feet of
bulkhead and tidal water . W/s Sixth Street , Greenp_ort .
Vote of the Board : Ayes : Messrs . Goehringer, Grigonis ,
Doyen , Douglass and Sawi.ck.i . This resolution was duly adopted.
UPDATE : Appeal No . 3478 . 'CHURCH 'OF 'THE OPEN 'DOOR/CATAPANO .
Project alohg S/s Main Road ; '_W/s BayView_ Road , E/s. -South Harbor
Road . Lot #3 , pending Minor Subdivision of Salvatore Catapano .
The board awaits Planning Board input concerning the site plan
elements under review by them at this time .
ENVIRONMENTAL 'DECLARATIONS : On motion by Mr . Douglass ,
seconded by Mr.. Goehringer ; it was
RESOLVED , to declare the following Negative Environmental
Declarations on each of .the fo,l_lowi'ng matters determining each
project not to have an adverse _e_ ffect upon the environment for
the reasons indicated below and in accordance with the N. Y .'S .
Environmental Quality Review Act' (SEQRA) , . Section 617 , 6 NYCRR,
and Chapter .44.__of-..th_e Code of .the. Town of Southold :
2 Southold. To.wn. Board- of ,Appeals -13- August 14 , 1986 Regular Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3535 .
PROJECT NAME: NORTH. 'FORK "FRIENDS 'OF K.ENYON 'TUTHILL
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 to use premises for special
fundraising event in conjunction with fireworks display as permitted
by the Southold Town Board.
LOCATION OF� PROJECT: Town of ., -County of Suffolk, . mo_re
particularly known as: 895 .North Bayview Road, Southold .
REASON'(S) SUPPORTING THIS DETERMINATION:
(1) Ari 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 an application concerning use of .premises and is
not directly related__.to. new construction . Fireworks display
permit is not under the authority of this board . _ _
Southold Town Board of Appeals '14' August 14, . 1986 Regular' MeLe_ting
(Environmental Declarations, Continued; )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3536
PROJECT NAME: GEORGE AND PAT BROWN
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: 1K ] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Construct deck addition to dwelling with
reduction of. existing nonconforming sideyard
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 150 Briarwood Lane, Cutchogue, NY 136-1-3
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 relief requested is a setback variance regulated as pro-
vided in Section 617 .13 of the State Environmental Quality Review Act,
6 NYCRR.
' `Southold Town Board of Appeals - 15- August 14, . 1986 Regular me,e,ting
(Environmental Declarations, continued; ) - .
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3532
PROJECT NAME: ARTHUR 'AND' ,BERNADETTE BURNS
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: Construct accessory tennis court in' the
-- — front yard.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 3525 Private Road #1.3, Mattituck, NY
10.00-10.5-1-4
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) Construction proposed is landward of existing structures.
`Southold Town Board of Appeals -16 August 14, . 1986 Regular Meeting
(Environmental' Declarations, Continued; )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3433
PROJECT NAME: GAIL DESSIMOZ- AND MICHAEL. RACZ
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 necessary improvements over
private R-O-W known as Hallock Lane
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Private Road #10 N/s . of Sound Ave. , Mattituck,NY
1000-11271-7 & 8 and to Parcel No. 1000-112-1-4
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 relief requested is not directly related to new build-- .
ing construction
'Southold Town Board of Appeals -17- August 14, . 1986 Regular' Meeting
(EnvironmentalDeclaratioris', Continued; )
S.E.Q.R.A._
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3 5.3 0-
PROJECT NAME: RAYMOND T. GOODWIN
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: Construct kitchen addition with insufficient
W/s setback and total sidey'ards; (2) construct kitchen and deck additions '
with insufficient setbacks from highwater mark
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 4450 Peconic Bay Blvd. , Laurel, NY . 126-4-22 . 2
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 relief requested is a setback variance regulated
as provided in Section 617 . 13 of the State Environmental Quality
Review-Act, . 6 NYCRR:
Southold Town Board of Appeals -18- August 14, . 1986 Regular' Nee '-ing
(Environmental 'Declarations, Continued; ) -
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. :
PROJECT NAME:
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: 4S>tab.l,Ls,11,0Bed and Breakfast" use; renting
not more' than three rooms, and provided for not more than six casual,
trans, OCATib?FW PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 795 Pike Street, Mattituck, NY
.1000-140-2-23
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) Is not located within 300 feet- of tidal wetlands or other
critical environmental area.
(31 This :.ds an application concerning use of the premises and
is not. directly related to new construction.
'Southold Town Board of Appeals -19- August 14, . 1986 Regular' Meeting
(Environmental 'Dec larations, Continued; )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. . 347.8 4
PROJECT NAME: BEC'KY 'JOHNSTON ~
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: O Allow-,-Building Inspector to issue -permit- to
weathrize existing structure -before.*.final 280-a access approval and (20
approval of- access over private right-of-way
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Bridge Lane Extension and Oregon Rd. ,
Cutchogue, . NY 1000-73-2-1
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 relief requested is not directly .related to new building
construction. -
(3) Is not located within 300 feet of tidal wetlands or other
environmental areas.
' 'Southold Town Board of Appeals -20- August 14, . 1986 Regular Meeting
(Environmental Declarations, Continued; )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3442
PROJECT NAME: J'O'HN 'J'.' NEWMAN
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: Construct additions within 75" of :high-
water/bulkhead
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 430 Sailors Needle Rd. , Mattituck, NY
1000-144-5-29 .1 and 30
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 relief requested is a setback variance regulated as
provided in Section 617 . 13 of the State Environmental Quality Review
Act, 6 NYCRR.
(3) The relief requested is an area lot line variance"which does
not require further processing under- "TypeII" -Actions of the State
Environmental Quality Review Act.
'Southold Town Board of Appeals -21 - August 14, 1986 Regular' Mee,ting
(Environmental Declarations, Continued; )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3520. :r.
PROJECT NAME: THOM;A;S' 'SHALV'EY
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: tx] . Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Insufficient area, width and depth of two
parcels in this propsed set-off division.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Case Rd. , Cutchogue,. NY 116-2-15 and 16
REASON (S) SUPPORTING TIIIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitt_ed' which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is not directly related to new building
construction.
(3) The relief requested is an area lot line variance- which does
not require further processing under "Type II" Actions of the SEQRA.
Southold Town Board of Appeals -22- August 14 , 1986 Regular Meeting
(Environmental Declarations , continued : )
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resol._ution was duly adopted .
UPDATE: Appeal No . 3543 - 'PETER AND. BARBARA 'HERZ . It
was the consensus of the board to hold this matter in abeyance
pending receipt of action after review by the Town Trustees -.
UPDATE : Appeal No . 3538 = JEFFREY 'BETTRNCOURT. N/s Grand-
View Avenue , Orient . teri _r.e.s_ponsexpected before
the next advertising deadline .
UPDATE : Appeal No . 3537 - ROBERT AND -SUSAN 'D ` URSO .
Breezy Path , Southold ... It .was the consensus of the board
to hold this matter in, abeyance pending receipt- of N . Y . S .
Department of Environmental Conservation and;.Town!iTrustees
action (after formal application by the applicants ) .
MASTER PLAN PROPOSALS : Copies of the Master Plan proposals
were distributed to each board member:
There being no other business properly coming before the
board at this time , the Chairman declared the meeting. adjourned .
Respectfully submitted,
Linda. F. Kowalski , Secretary
_Southol_d. Town. Board of Appeals
Approved - Ge.- rd ,P. oehringer, Chairman