The URL can be used to link to this page

Home My WebLink AboutZBA-10/31/1980 SPEC FOUr�oG o�, y Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY T„+ L, M I N U T E S ROBERT J.DOUGLASS GERARD P. GOEHRINGER S P E C I A L M E E T I N G OF Joseph H. Sawicki OCTOBER 31 , 1980 A Special Meeting of the Southold Town Board of Appeals was held on Friday , October 31 , 1.980 at 4 : 15 o ' clock p .m. at the Southold Town Hall , Main Road , Southold , New York 11971 . Present were : Charles Grigonis , Jr. . Chairman; Robert J . Douglass : Gerard P . Goehringer; Joseph H. Sawicki . Absent was Serge J . Doyen , Jr. ( Fishers Island ) . The Chairman called this meeting for the purpose of setting up any new files that may have been filed during the extended. period in time for the next regular meeting and subsequent .to the last regular meeting . Also , the Board will discuss any new matters that have developed since the last regular meeting . On motion by Mr. Grigonis , seconded by Mr. Douglass , WHEREAS , applicant has submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment ; WHEREAS , the subject property does not appear to be located within 300 feet of tidal wetlands , and therefore would not appear to require permits from the N . Y . S . Department of Environ- mental Conservation ; IT IS RESOLVED , that in Appeal No . 2759 , application of Kramer & DePetris Agency, Inc . dated the 29th day of October , 1980 , for a variance to the wing Ordinance for permission, to place letters on side of building at 54985 Main Street, Southold , NY , this Board determines that this project if implemented as planned herein is classified as a Type II Action , not having a significant Southold Town Board of Appeals . -2- October 31 , 1980 Special Meeting effect upon the environment ;_,and pursuant to 'the -W.-Y. S . Environ- mental Quality Review Act (SEQRA) , Sections 617 . 13 '-and 617 ..5 (a ) , and the Southold Town Code , Section 44-4 , no further determination or procedure is fequired - in -the SEQRA standards of process by this department . [This declaration should not be ,considere_d a deter' mination made for any other. department or agency which may be involved or any 'other project not covered by this. application . ] Vote of the Board : Ayes : . Messrs . Grigonis , Douglass, Goehringer and Sawicki . Absent was : Mr. Doyen .. .. . On motion by Mr. Grigonis , seconded by Mr. Douglass ;. WHEREAS , applicant has submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to. occur to the environment ; WHEREAS.,. the subjec.t. property does not appear to be located within 300 feet of 'tidal . wet1ands , and therefore would not appear to require permits from the N .Y . S . Department of Environ.- mental Conservation ; IT IS RESOLVED , that in Appeal No . 2758, application of Jack J . Stukas , by Rudolph H . Bruer , Esq . ,dat.e.d October 2.1., 1980 for a variance to the ,Zoning Ordinance . for approval ..of insuffi - cient area and width of , property located at Sound Ave . , Mat.tituck , . this Board determines that th.is project if .impl.emen.ted as planned herein is classified as . a Type II Action , not having a significant effect upon the environment ; and purswant to -the N ..Y . S . Environ- mental Quality Review Act (SEQRA) , .Secti-ons 6.17.. 13 and 617 . 5 (a ) , and the Southold Town Code , Section 44-4 , no further determination or procedure is required . in the .SEQ.RA standards of process .by this department_.. [This de.claration -sho.uld not be .c.onsidered a deter- mination made for any other department or agency which, may . be involved or any other project not covered by this application . ] Vote of the �Board.: Ayes: Messrs . Grigonis , Douglass , Goehringer and . Sawicki . Absent was:: Mr. Doyen . Oni mot 'on,-,by_' Mr,; -:Grigonis , seconded by Mr. Douglass , WHEREAS , applic.ant , has submi.tted .an environmental assess- ment in the short form which indicates that . no adverse effects , were likely to occur to . the .en.vironment ; WHEREAS , .aft.er referring this matter .to the N . Y. S . Depart- ment of Environmental . Conservation , this Board has received letter dated .September 22 , 1980 indicating that no permit under Article 25 (Tidal Wetlands ) of the Environme.nta.1 Conservation Law is required , and that this project is behind substantial Southold Town. Board of Appeals -3- October 31 , 1980 Special Meeting man-made structures in excess of 100 feet. in length on all sides ; IT IS RESOLVED , that =i'n. Appeal. ,No: -2742 , appli-cation of William A. Hatfield , doing business as Northeast . Enterpri.ses , Inc . for a va-riance to the Zo.n-ing Or.di.nance for approval of parcel to be established with insuffrcient area and width ' 'at 67-25 and 6775 New Suffolk Road , New. Suffolk , New York (Co . Item #MO- 117-5-281 29, this Board determines that this project if implemented as planned. herein is classified as a Type II. Action , not having a significant effect upon the environment ; and pursuant to the N . Y . S . Environ- mental Quality Review Act (SEQRA) , Sections 617. 13 and 617 . 5 (a ) , and .the Southold Town Code , Section 44.-4., no -further determination or procedure is required in the SEQRA standards of process by � this department . [This declaration should not be considered a deter- mination made for any other depa.rtment. or agency which may be ' involved .or any other project . not covered by this ap.plicatio-n . ] Vote of the Board : Ayes : , Messrs. Grigonis , Douglass , Goehr. inger and Sawicki . Absent was : Mr. . Doyen . On motion by Mr. Grigonis., seconded ' by Mr. Douglass, WHEREAS , applicant has submitted an environmental assess- ment in the short. form which indicates that. no. adverse. effects were likely to . occur to the . environment ; WHEREAS , the subject property does not appear to be located within 300 feet of tidal wetlands , and therefore would not appear to require permits from th.e N ..Y . S . Department of Environ- mental Conservation ; . IT IS . RESOLVED , that . i.n -Appeal No . 2761 , application. of James-R. Wheeler by William H. Price , . Jr. , Esq . dated .10/31 /80 , for a varia.nce.. to the Zoning .Ordinance for insufficient area , width and/or depth .of two propo.sed . parcel.s at Kenny ' s Rd . , Southold , this Board determines that this project if implemented as. planned herein is clas-sified- as a Type II Action , not having a . significant effect upon the env.ironment ;, and pursuant to the N . Y . S . Environ- mental Quality Review Act (SEQRA) , -Sections 617 .13 and 6.17. 5 ( a ) , and the Southold Town Code , Section 44-4 , no further determination_ or procedure is required . in . the. SEQRA standards .of process by- this department . [This declaration should , not be considered a deter- mination made for any other department or agency which may be involved or any other project not covered by this: application . ] Vote of the Board : - Ayes : Messrs . Grigonis , Douglass , . Goehringer and Sawicki . Absent was : Mr. Doyen. Southold Town.. Board of .Appeals -4 October 31 , 1980 Special Meeting On motion by Mr. Grigoni.s , seconded by Mr . Douglass , WHEREAS , applica.nt ..has submitted an environmental assess- ment in the short form which.-indicates that no adverse effects were -likely to occur to the environment ; IT IS RESOLVED that in Appeal No ., '2760 ; application of Richard Anderson, by Gary Flanner. Olsen , Esq- dated 10/ /80 , for a variance .to New .York..Jown-, awe; ::Section .28.0-a for approval of access to property located at Wunneweta Pond , Nassau Point., Cu:tchogue , New York- ( Co . . Item #1000-111 -14-..29) , this Board determines that this project if implemented. as planned herein is classified as a Type II Action , not having a s.ign.ificant effect upon the environment ; and. pursuant to. the N . Y . S.. En.viron- mental Quality .Review Act (S.EQRA.)., Sections , 61.7 . 1.3 and 617 . 5 (a ) , and the Southold Town Code , Section 44-4 , no further determination or procedure is required in t.he. SEQRA standards of. process. by this department. [This declaration should not be. consid.ered. a deter- mination made for any other department or agency. which may be involved or any other project not covered by this application . ] Vote of the Board : Ayes.:. . Messrs . Grigonis , Douglass , Goehri!nger and Sawicki . Absent was : Mr.. Doyen . On motion by Mr. Grigonis , seconded by . Mr. Douglass , it was RESOLVED ; that -the following matters be. scheduled and adver- tised for public hearings to be held atthe n.ext .reg.ular meeting of this Board.;. . to . wit_, November . 20 , 1980 in addition. to those previously scheduled : Appeal No . 2759 .- Applicati.;on of Kramer a.nd . DePetr..is Agency , Inc . .for p.ermission . to. place identificati-on sign Tetters at side of . bu.il.di.ng known as 54985. Main Street , Southold , NY. Appeal No . 2758 - Application of Jack J . Stukas. by Rudolph H . Bruer. , Esq . for approval of insufficient area and width of property at the north side .;of . Sound . Avenue , Matti tuck , NY. Appeal No .. 2742 .-. App.lication o.f ,.Will.iam A. Hatfield , d./b/a Northeast E.n.terprise:s-; Inc . for approval of insufficient area and width of a parcel to be separated fr.o.m._ property, located at the east side- of New. Suffolk- Road , Cutchogue . Southold Town Board of Appeals -5- October 31 , 1980 Special Meeting Appeal - No . 2760 . - Application of Richard Anderson by Gary Fl an.ne-r 01,sen ; Esq . for approval of access to -a' parcel located at Wu.nne-wet'a 'Pond , Nassau Point , Cutchogue , NY•. Appeal No., 2761 - Appl-i cati on of James .. R.. Wheeler', by William H. Price , Jr . , Esq . for. approval' of insufficient area , width and depth of parcels located at Kenn.ey ' s Roa.d , Southold . Vote of . the Board : Ayes : Messrs . Grigonis , Douglass , Goehringer. and Sawicki . Absent was : Mr., 'Doyen . . Matter. of Eccles Pr. idgen , Appeal No . 274°6 . On motion 'by .Mr . Dougl.ass , seconded by Mr. Grigonis', WHEREAS, on. September 11 , 1980 applicant filed a . var.iance for approval of insufficient- width . of a parcel to be established at the south side of Pe.conic . Bay Boulevard , Laurel , New York ; . a.nd WHEREAS ,. on October 10 , 1-.980 ,,, th.is Board referred the subject appeal to the. Southo.l.d . Town Planning Board for its .input concerning the proposed . project which wo.u.ld also involve their board ; and WHEREAS , on October 16 , 1980 .. the Southold Town Planning Board recommended that. " . . . the property be d.iv.ided into. three lots (rather than two ) ,with . lot lines—running east and west - with a right-of-wa.y over same (rather than . running. north and south ) . . . '.' ;and WHEREAS, on October 27 , 1.980 this Board has received a formal request.:.that this .appeal be withdrawn ; NOW, THE.REFO.R.E , BE IT RESOLVED , that this matter be with- drawn as reques.te.d .by appellan.t- herein . Vote of the Board : Ayes :. Messrs . Grigonis; Douglass , Goehringer and Sawicki . Absent was. : Mr . Doyen . . RESERVED .DEC-ISION : Appeal.. No . 2747 . Application of Yasar Gucer , by Charles S. DeVoe , 3630 Orc.hard. Street , Orient , New York 11957 , for a Variance to the Zoning Ordinance., Article III , Section 100-31 for permission to construct dwelling with insufficient sideyards. at 45 Os'prey Nest Road , --Greenport , NY; bounded north by Osprey Nest Road ; west by Manners ; south by Paulisen ; east by Dawn Estates Shopping Center. County Tax Map Southold Town Board of Appeals -6_ .. October 31 , 1980 Item No . 1000-35-6738 . After investigation and .personal inspection, . the Board finds as follows : Appellant has appealed .to .this , Board , seeking a variance for permission . to construct new dwelling wi:th insufficient sideyards , 12 . 23 feet at the west _side .and 12 . 97 feet 'at the east side , for a total of 25 . 20 feet . The premises in question contains approximately.. 11:,250 square feet in area , . a.nd exi sti n_g thereon a.t. th.e- southeast , corner is' s, a small conc.ret_e block. pit. Upon researching , it h.as .been found that this parcel is known. a.s. Lot No . 1-of Cleaves Point ; Section I Subdivision , and has been .in single and . sepa.r.ate ow.nership prior to acre zoning (1971 ) . The Board finds and determines that th.e relief requested in relation to the .Code . r.equirements is not substantial ; that if the variance is . granted n.o . sub.stan.tial detriment to adjoining properties will be created ; .that the interests- of justice will be served by the granting of the relief req.ues:te.d ; that no ad- verse effect is produced on available- go,vernmen_tal facilities of any increased population ; an.d. that no substantial ch.an.ge will be produced -in the character of the neighborhood . On motion .by Mr. Douglass , seconded. by Mr . Goehringer , IT :IS RESOLVED , that Yasar Gucer by granted a variance to the zoning ordinance , Art . III , Sec . 100-31.. for permission to construct new dwelling with insufficient sideyar.ds SUBJECT TO THE FOLLOWING CONDITION : That the east sideyard. maintain a minimum of 15 fe.et and the west si.deyard maintain a minimum . of 10 feet. Location of property :'.. 45 Osprey Nest Road, Gr.eenport , New York ; bo:unded:. north by Osprey Nest Road ; , .west by Manners.; south by Paulisen ; -east by Dawn. Estates . Shopping . Center! County Tax Map Item. 'No . '1000-35-6.-38 . Vote of the Board : Ayes :. Messrs . Grigonis , Douglass , Goehringer and Sawicki ., Absent was : Mr. Doyen . Matter.'''-of:=,'Roy;:C. ,�Scf oenha.ar, Appeal No .. 2674. The secretary advised the Board members that Mr . Olsen , attorney for Mr. Schoen.haar , had ,requested that this matter be scheduled for the next regul a-r m`ee.ti ng. and that i f. a deli si on has 'to. be made before the Town Board rendered a dec-ision concerning the -zoning , it could always be made "subject to" such Town Board decision . A motion was not made to schedule this matter to-.,re-open the hearing at this time . Southold Town Board of Appeals -7- October 31 , 1980 Being there was no further business .to come before the Board , the Chairman called the meeting closed at 4: 45 o ' clock p .m . Respectfully submitted, Linda F. Kowalski Secretary Southold Town Board of Appeals APPROVED Chairman Board Appeals RECTIVED AND FJTJED BY TYIE, SOUT-HOLD TOWN CLE PIN DA 11 .Tl 80 OUR e Town Clerk, Town of Southold