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HomeMy WebLinkAboutZBA-06/30/1983 1 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 CHARL,ES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS M I. N U T E S JOSEPH H. SAWICKI SPECIAL MEETING THURSDAY, JUNE 30, 1983 A Special Meeting of the Southold Town Board of Appeals was held on Thursday, June 30, 1983 at 4 : 30 p.m. at the Office of the Board of Appeal, Southold Town Hall , Main Road, Southold, New York. Present were : Gerard P. Goehringer, Chairman; Robert J. Douglass and Joseph H. Sawicki. Absent were: Members Grigonis and Doyen [of Fishers Island] . The Chairman called the meeting to order at 4 :30 o'clock p.m. CORRESPONDENCE : APPEAL. NOS. 3117 and 3118 : KATHRINE FARR. The board is in receipt of correspondence of June 27, 1983 from the applicant in response to this board' s`-letter/request dated June 21, 1983 . It was the consensus of the board that the applica- tions are considered incomplete and must be held in abeyance until complete, for the following reasons: 1. The files indicate several uses of the property. Site plans depicting those uses in their areas as proposed is required. Six copies are needed for appropriate distribution. 2. The applicant' s reply of June 27, 1983 does not provide the information requested by our letter dated June 21 , 1983. 3 . The applicant' s reply of June 27, 1983 indicates outside storage is proposed and same has not been depicted in our files. 4. Health Department approval has not been received as requested on numerous occasions, and a copy of .same is requested to be filed with our office as early as possible to prevent any further delays. The secretary was instructed to advise the applicant of the above. 'Southold Town Board of appeals -2- June 30 , 1983 Special Meeting RESERVED DECISION: Appeal No. 3140. Application for KATHRYN REEVE , by Scott R. Albrecht, West View Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section '100-32 for permission to construct accessory building (garage) in the side yard area, at 855 West View Drive, Mattituck, NY; County Tax Map Parcel No. 1000-139-01-019. The public hearing on this application was held on June 23, 1983 , at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, appellant seeks permission to construct a 16 ' wide.':,. by 20 ' deep accessory garage structure to be located east of the existing dwelling and to be set back from the property line three feet. There is a proposed distance between the dwelling and the subject garage of 10 feet. The premises in question is located on the south side of West View Drive and contains an area of approximately 25 ,000 square feet. The lot is narrow along the road with a frontage of 50 feet and gradually widens to 140 feet along Mattituck Creek. The dwelling on the premises is a legal one-family dwelling, and is approxi- mately . 45 ' wide by 39 ' deep. It is the opinion of the board that an eight-foot setback from the easterly side property line should be the minimum to allow for egress and ingress by emergency vehicles and that the structure shall not be used for sleeping or living quarters at any time. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with - and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED , that Appeal No. 3140 , application for KATHRYN REEVE for permission to construct 16 ' by 20 ' garage structure in the side- yard area (east side) , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1. That there be a minimum setback from the east side line of eight feet; 2 . That this structure shall be used only for storage and 7 'Southold -Town Board of appeals -3- June 30 , 1983 Special Meeting (Appeal No. 3140 - KATHRYN REEVE, continued: ) garage purposes , never "to be used, as , sleeping or, living quarters. Location of Property: 855 West View Drive, Mattituck, NY; County Tax Map Parcel No. 1000-139-01-019. Vote, of the Board : Ayes : Messrs . Goehringer, . Douglass and Sawicki. (Members Grigonis and Doyen were absent. ) This resolu- tion was .unanimously adopted. RESERVED DECISION: Appeal. No. 3135. Upon application of PETER AND CALLIOPE PAPANTONTOU, 55370 C.R. 48, Southold , NY for a Variance to the zoning ordinance , Article III, Sec- tion '100-32 for permission to increase size of .existing garage which is located . in . the sideyard area; at 55370 C.R. 48, Southold,' NY; County Tax Map Parcel' No., 1000-052-0.37026 : The public nearing concerning this application was held on June 23, 1983 , at which time the hearing was declared closed pending _ deliberations The board made the following findings and determination: By this appeal., ,a_p'pellants' seek permission to increase the size of the existing accessory building by. approximately 10 ' by 12' which . will. not be closer to Middle Road than- the front line of the existing dwelling and which will not be closer than the established 7 ' from the . easterly side property line . The existing dwelling is a one-family dwelling set back from. Middle Road (C.R. 48) 33 feet. The premises in question fronts' al.ong C.R. 48, 125 feet and contains an area of approximately 14 ,988 square feet. For the record," it. is noted that the board members have -personally visited the site .in question and is. familiar with" the circumstances of this appeal. In considering this appeal, the. board -determines. that the variance request. is not substantial; that the circumstances herein are unique; that by allowing the variance no ' substantial .detriment to adjoining properties will be created; that the difficulty cannot be obviated by a.. method .feasible to appellant other than ' a variance; that no adverse effects will be produced. on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote tne .general purposes of zoning; and that the interests of justice will be served by allowing .:the variance as indicated below. On motion by" Mr, ..Sawicki,`_, seconded by Mr. Douglass , it. was , Southold Town Board of appeals -4- Jurie 3011 , 19?jj Special' Meeting (Appeal No. 3135 - PETER AND CALLIOPE PAPANTONIOU, continued: ) RESOLVED, that Appeal No. 313-5, application'.,of PETER AND CALLIOPE PAPANTONIOU for permission to increase the size of the existing acces- sory structure approximately 101 by 121 , as applied,. BE AND HEREBY IS APPROVED, WITH THE CONDITION THAT THIS ACCESSORY STRUCTURE SHALL BE USED ONLY FOR STORAGE/GARAGE PURPOSES, NEVER TO BE USED FOR SLEEPING OR LIVING QUARTERS. Location of .Property: 55370 .C.R. 4'8, Southold,. NY; County, Tax Map. Parcel No: 100.0-052-03-026 . Vote of the Board Ayes : Messrs. .Goehringer, Douglass and Sawicki. (Members Doyen and. Grigonis were absent. ) This resolution was unanimously adopted. RESERVED DECISION: ,Appeal. No. : 3143. Upon application for D. Silverman, by FRANK MESSINA, Box 368 , Ronkonkoma, NY. for a. Variance to ,the .Zoning .Ordinance, Article III, Section 100-3.2 . for permission to, construct swimmingpoo-1 in the front yard area, at 4355 Wunneweta Road, Cutcnogue, NY; Nassau Point Filed Map ,. Lot 222;_ County Tax Map ,.Parcel . No. ..1000-111-12-006 ' &'. 007. The public- .hearing concerning this application was held on June- 23,. 1983 , ' at .which time the 'hearing was declared .closed pending deliberations. The board made the following findings and determination: By this appeal, . appellant seeks permission to construct a 20 ' by 401 ingro.urid swimmingpool with four-foot fence enclosure on. an unusually-shaped parcel of ' land containing .an acreage of approximately 3..7 acres. Due to this parcel having frontage on all sides of: (1) on the west and south by Wunneweta Road,_ and (2) on the.. north and east by Bayberry Road, a private untraveled right-of-way,, ltechnically, all yard areas a_re considered front yards , and, lacking rearyard area, has appl:ied-"for-- th 's variance. , The proposed pool is to be located 'at its nearest .point to Bayberry Road, 120 feet, and approximately 195 feet from Wunneweta Road.. The board agrees with the reasoning of appellant in that. the location of this proposed pool is.,tne most practical and reason- able and certainly would not cause adverse effects upon the character of .thq neighborhood. In considering this appeal , the board determines that the variance request is' not substantial; that the 'circumstances herein are unique; that by allowing the variance no 'substantial detriment to adjoining properties will be created; that the difficulty cannot .be obviated by a method feasible to appellant other than a, variance; that no adverse 'Southold Town Board of Appeals -5- June 30, 1yu3 Special Meeting (Appeal No.. 31.4.3 - D. SILV,ERMAN by FRANK MESSINA, continued: ) . effects will be produced on available governmental facilities of any increased: population; that the relief requested will be in harmony with and promote. the . general'-purposes- of zoning; and that the interests of justice will be served by allowing. the variance as indicated below. On motion by Mr. Goehringer, seconded by Mr. Sawicki , it was RESOLVED, that Appeal No. 3143, ., application for D. Silverman by FRANK MESSINA, for permission to construct inground. swimmingpool in the fronty.ard area, BE AND HEREBY IS APPROVED AS APPLIED, PRO- VIDED THAT THERE BE NO EXTENSIVE OVERHEAD LIGHTING AROUND POOL. Vote of the Board: .: Ayes : Messrs. Goehringer, 'Do.uglass and Sawicki. (Members Doyen and Grigbnis were absent..) This resolu- 'tion was .unanimously adopted. PRIOR DECISION : APPEAL NO. 3102., - JOHN. AND MARY F. McFEELY. Pursuant to a copy of correspondence by A.N. Gandia received June 7, 198.3, and pursuant to a -continued conversation with the building department, the following amendment was agreed and adopted. as follows: On motion by Mr. .Goehringer, . seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3102, matter of JOHN AND MARY F. McFEELY, BE AND HEREBY IS AMENDED .to permit a variance in the side- .yard setbacks to be 12. 0 feet and 12. 5 feet '(from the. 10: 0 and 14 . 5 feet as originally planned) . Vote of the Board: Ayes: Messrs.. Goehringer, Douglass, and Sawicki. Members Doyen and Grigonis were absent. ) This resolution was unanimously adopted. (Amendment to be filed with this board' s original decision rendered April 27, 1983, filed with the Office of the Town Clerk May ll,. 1983.') ADDITIONAL SET-UPS ..FOR PUBLIC HEARINGS FOR 7/21/83 : On motion by Mr. Sawicki, seconded by Mr: Goehringer, it was RESOLVED, that the following applications be scheduled and advertised (pursuant :to l.aw) for public•. hearings, to be held in addition to those previously. scheduled', to be at the Southold Town Hall at the next Regular Meeting,, to wit, July 21, 1983 Appeal No.. 3154 - HENRY AND VIRGINIS 'STEINBRECHER.• Frontyard variance for proposed bedroom addition. Haywaters Road, Cutch. Southold Town Board c appeals -6- June 30, 3 Special Meeting (Set-Ups for July Regular Meeting, continued: ) Appeal No. 3152 - JOHN .ANTONIOU. Deck addition reduces front- yard setback. East Road, Mattituck. Appeal No. 3149 - PHILIP FRUMENTI. Accessory carport in frontyard area. Stars Road, East Marion. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. (Members Doyen and Grigonis were absent. ) This resolution was unanimously adopted. NEW APPLICATION:'; PENDING PLANNING BOARD: Appeal No. 3153 - On motion by Mr. Goehringer, seconded -by Mr. Sawicki, it was RESOLVED, that Appeal No. 3153, application of ELIZABETH SCHWIEGER and MARGARET MURRAY, be held in .abeyance pending receipt of comments, recommendations or approval by the Southold Town Planning Board. Vote. of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki'. (Members Doyen and Grigonis were absent. ) This .resolution was unanimously adopted. NEW APPLICATION PENDING PLANNING BOARD: Appeal No. 3144 - On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3144, application .of KATHERINE HEINS., be held in abeyance pending receipt of comments, recommenda- tions or approval from the Southold Town Planning Board concerning this proposed division of property. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. (Members Doyen and Grigonis were absent. ) This resolution was unanimously adopted. The board agreed that if comments were received by this office on or before July 29th, this application would then be scheduled for. public hearing at the Regular Meeting in August. ' , Southold Town Board oL Appeals -7- June 30, lyts.s Special Meeting NEXT SPECIAL MEETING: The board members agreed to schedule Thursday, July 7, 1983 at 7 :15 p.m. , tentatively, as the date and time of the next Special Meeting . of this board., to be held at the Southold Town Hall, Main Road, Southold, New York, for the purpose of transacting those business matters properly coming before the board at that time. ENVIRONMENTAL DECLARATIONS : On motion by Mr. Goehringer, seconded by Mr. Sawicki, the .following .Negative Declarations were declared pursuant to the. rules of the N.Y.S. Environmental Quality Review -Act. of_. the -Environmental. Conservation Law, and Local Law #44-4 of- the Town Code: APPEAL NO. : 3154. PROJECT NAME: HENRY & VIRGINIA STEINBRECHER.:: This notice is issued pursuant to Part 617 (and Local Law #44-4) . of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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• Addition to dwelling with an insufficient frontyard setback from Haywaters Road, Nassau Point, Cutchogue. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1.525 Haywaters Road .(also along Old Cove Road) at Nassau PoIn-t,. Cutchogue, NY.; 1000-111-4-12. REASON (S) SUPPORTING THIS DETERMINATION: (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 project in question is not located within 300 feet of tidal wetlands or other environmentally critical. area. - Southold Town Board c Nppeals -8- June 30, 11. Special Meeting '(ENVIRONMENTAL DECLARATIONS, continued: ) APPEAL NO. : 3152 PROJECT NAME: JOHN ANTONIOU: This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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• Deck addition reducing frontyard setback from East Road. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as : South Side of East Road, Mattituck, NY. REASON (_S) .SUPPORTING THIS DETERMINATION: (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) Project in question is not located near an environmentally critical area. APPEAL NO. : 3149 PROJECT NAME: PHILIP FRUMENTI : This notice is issued pursuant to Part 617 (and Local Law #[44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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: Carport in frontyard area. LOCATION OF PROJECT : Town of Southold, County of Suffolk, more particularly known as : West Side of Stars Road, East Marion, NY. REASON (S) SUPPORTING THIS DETERMINATION: (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 plann d. r2) Project in question is rhot located near an environmentally critical area. Southold Town Board c Appeals -9- June 30, 13 Special Meeting (ENVIRONMENTAL DECLARATIONS:,. continued: ) Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. (Members Doyen and Grigonis were absent. ) This resolution was unanimously adopted. Being there was no other business properly coming before the board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 5:30 p.m. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals /ppro ed - Ge and P. oehringer 83/ Chairma RECEIVED AND FILED BY TIME SOUTHOLD TOWN CLERK DATE III 1993 HOUR �✓ is