HomeMy WebLinkAboutZBA-11/13/1981 SPEC a
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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. M I N U T E S
ROBERT J. DOUGLASS - - - - - - -
GERARD P. GOEHRINGER SPECIAL MEETING OF
JOSEPH H. SAWICKI NOVEMBER 13, 1981
A Special Meeting of the Southold Town Board of Appeals was
held on Friday, November 13 , 1981 at 4 :45 o' clock p.m. at the
Southold Town Hall, Main Road, Southold, New York.
Present were: Charles Grigonis, Jr. , Chairman; Robert J.
Douglass; Gerard P. Goehringer, Joseph H. Sawicki. Absent was :
Serge Doyen, Jr. (Fishers Island) .
The Board members executed a Waiver of Notice of Special
Meeting for same date hereof. Notices of this Special Meeting
were forwarded to the local and official newspapers Wednesday,
November 11, 1981.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it
was
RESOLVED, that the following appeals be scheduled and adver-
tised for public hearings. to be held at the next regular meeting
of this Board, to wit, November 24 , 1981 in addition to those
previously scheduled for the same meeting date:
Appeal No. 2917 - Constance Messina for approval of access.
Appeal No. 2922 - Frank E. Brophy for insufficient front
and side yard setbacks for proposed deck.
Appeal No. 2923 - Ernest E. Wilsberg to construct accessory
building in frontyard.
Appeal No. 2924 - Edward R. Yanke to construct new dwelling
with insufficient front and side yards.
Appeal No. 2925 - Arthur M. Schwartz , M.D. for approval of
access and relaxation of road specification
requirements of the ZBA and Building In-
spector.
Vote of the' Board: Ayes : Messrs. Douglass, Goehringer, Sawicki
and Grigonis. (Absent was Member Doyen, Fishers Island) . This
resolution was unanimously adopted.
Southold Town Board of Appeals -2 November 13., 1981 Special
Meeting-4
.NEW APPEAL NO. 2917 - Application of Constance Messina, Box
730 , Main Road, . Cutchogue, NY for a Variance for approval of
access along the- westerly side of premises located on a right-
of-way off Main- Road, Cutchogue, NY, New -York Town Law Section
280-a. Location of Property: Off Main Road, Cutchogue, NY;
Minor Subdivision .of Tut' s Acres, Subdivision. Lot No.: 3;
County Tax Map Parcel Item No. 1000-108-3-part of 008.
The Board reviewed all matters concerning this appeal
and made the following environmental declaration:
On motion by Mr. Goehringer, seconded by Mr. Grigonis;
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Constance Messina,
Appeal No. 2917 :
ENVIRONMENTAL DECLARATION:
Pursuant to Section. 617. 13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section. 44-4 of the Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a Type II Action,
not having a significant adverse effect upon .-the environment
for the following reason (s) : ,
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
The project in question is not located within 300 .feet of
tidal wetlands.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, any
for any other project not covered by the subject
appeal application.
Location of Property: Off Main Road, Cutchogue, NY;
County Tax Map Parcel No. 1000-108-3-part of 008 .
Vote of the Board : Ayes: Messrs. Douglass, Goehringer,
Sawicki and Grigonis. Member Doyen, Fishers Island, was absent.
Southold Town Board of Appeals -3- November 13 , 1981 Special
Meeting-"
NEW APPEAL N0. 2922. Application of Frank .E. Brophy for
a Variance to the Zoning Ordinance -for permission to construct
deck addition with an insufficient front and side yard setback
at 75 Second Street, New Suffolk, New York.
The Board made the following environmental declaration:
On motion by Mr. Goehringer, seconded by Mr. Grigonis;
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Frank E. Brophy, Appeal
No. 2922 :
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617. 13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a ape II Action,
not having a significant adverse effect upon -the environment
for the following reason (s) : ,
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
The Board is of the opinion that the deck as proposed
will not affect tidal wetlands which is approximately 150 feet
from .the proposed location.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, any
for any other project not covered by the subject
appeal application.
Location of Property: 75 Second Street, New Suffolk, NY;
County Tax Map Parcel No. 1000-117-10-20. 7.
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
Sawicki and Grigonis. Member- Doyen, Fishers Island, was absent.
Southold Town Board of Appeals -4- November 13 , 1981 Special
Meeting'
NEW APPEAL. NO. 2923 . Application of Ernest E. Wilsberg .
for a Variance to construct accessory building with bathroom
facilities in the frontyard area. at 4175 Ole Jule Lane, Mat-
tituck, New York.
The Board made the following environmental declaration:
On motion by Mr. Goehringer, seconded by Mr. Grigonis;
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Ernest E. Wilsberg, Appeal
No. 2923.:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617. 13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, .and Section. 44-4 of the Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a Type II Action,
not having a significant adverse effect upon the environment
for the following reason (s) : ,.
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
The subject. premi.ses is separated. from the tidal wetlands
area by a road or similar type of barrier labeling this matter
not within the jurisdiction of the N.Y.S. Department of Environ-
mental Conservation.
This declaration should not be considered a. determination
made for any other department or agency which may also be in-
volved, any
for . any other project not covered by the subject
appeal application.
Location of Property: 4175 Ole Jule Lane, Mattituck, NY;
,County Tax. Map Parcel No. 1000-122-5-12 (& 13) .
Vote of the Board: Ayes: Messrs. Douglass, G ehringer,
Sawicki and Grigonis. Member Doyen, Fishers Island, was absent.
if.
I
Southold Town Board of Appeals -5- November 13 , 1981 Special
Meeting"
i
NEW APPEAL NO. 2924. Application of Edward R. Yanke
for a Variance for permission to construct new .dwelling with-
insufficient front and side (or rear) .yard setbacks at
the corner of Wigwam .and Wampum Ways, Southold, New'York.
The Board. made the following environmental declaration:
On motion, by Mr. Goehringer, seconded -by Mr. Grigonis,
it was
RESOLVED, ' to declare the following Negative Environmental
Declaration concerning the matter of Edward R. Yanke, Appeal
No. 2924 :
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617.13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, 'and Section 44-4 of the Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined ' that the subject project as proposed in this
. appeal application is hereby classified as a Type II Action,
not having' a significant adverse effect upon .the environment
for the following reason (s). : ,
An Environmental Assessment in. the Short Form has been
submitted which indicates that no significant adverse effects
were likely to 'occur should this project be ,implemented as
planned.
The project in .question _ is not located within 300 feet of
tidal wetlands.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: Intersection of 'Wigwam and Wampum
Ways, Southold, NY; ' County Tax Map Parcel Item No. 1000-87-2-35.
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
. Sawicki and Grgonis. Member Doyen, Fishers Island, was absent.
Southold Town Board of Appeals =6- November 13 , 1981 Special
Meeting-'
NEW APPEAL. NO. 2925.. Application of Arthur M. Schwartz, M.D.
for a Variance for approval of access, New York. Town Law Section
280-a. R-O-W off .Westphalia Road,. Mattituck, New York.
The Board made the following environmental declaration
On motion by Mr. Goehringer, seconded by Mr. Grigonis;
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Arthur M. Schwartz, M.D. ,
Appeal No. 2925:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617. 13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, .and Section 44-4 of the Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a Type II Action,
not having a significant adverse effect upon -the environment
for the following reason (s) : ,
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
The premises in question is an existing lot.' . _The access
road 'to be recognized is also existing and in use.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, any
for any other project not covered by the subject
appeal application.
Location of Property: R-O-W off Westphalia .Road,
Mattituck, NY.: County Tax Map Parcel No. 1000-113-9-10. 1.
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
. Sawicki and Grigonis. Member Doyen, Fishers Island, was absent.
Southold Town Board of Appeals -7- November 13, 1981 Special
Meeting
RESERVED DECISION: Appeal- No. 2846 . Application of
Patricia A. Bailey, RR#l, Box 114 , Cutchogue, NY for a Variance
to the Zoning' Ordinance, Article III, Section 100-31 for approval
of insufficient road frontage of proposed Parcel No. 3 and
insufficient area of proposed Parcel No. 2. Location of Property:
Northwest side' of Leslie Road and east side of Bay Avenue,
Cutchogue, NY; ' bounded north by Nerone, Ficht and McCleery;
west by Bay Avenue; south by Maly, Price, Price; east by Swia-
tocha; County- Tax Map Parcel Nos. 1000-97-4-11, 12 and 17.
A public; hearing concerning this appeal was held on
September 17, 1981 after due notice thereof in the local and
official newspapers.
The Board made - the following findings and determination
concerning this appeal:
Appellant, has appealed .to this Board seeking a variance
for the approval of an insufficient road frontage of approxi-
mately 117. 24 feet along Leslie Road of Proposed Lot 3 and
the approval of an insufficient area of exact square footage
of Proposed Lot 2 , unknown to the board. Appellant has sub-
mitted a sketch indicating the square footage of Proposed
Lot 2 to be 36 ,369. The Board is familiar with the premises
and recognizes there are several existing buildings on each
of the three proposed parcels; however the location of the
lot lines in relation to the location of these buildings
has not been provided for consideration. The Board is con-
cerned as to the nearness of the proposed lot lines and
perhaps whether a building may be situated thereon.
On August6 , 1981 this Board held a public hearing
concerning this same appeal, and the Board rendered a deci-
sion at a meeting held August 26 , 1981 denying same without
prejudice inasmuch as the notice of hearing 'was not adver-
tised correctly in both the local and official newspapers
and therefore it was not within the authority of this Board
to favorably act upon this application as advertised.
At a Regular Meeting of the Board of Appeals held Septem-
ber 3., 1981, a resolution was unanimously adopted scheduling
and requiring readvertising of this appeal for public hearing,
which was held' and closed on Thursday, September 17 , 1981,
pending a decision, upon receipt of an up-to-date certified
survey showing, the square footage of proposed Lots 1 and 2
.and showing the .existing structures with setbacks. Letters
confirming same were forwarded to the applicant on Septem-
ber 23, 1981 and October 28 , 1981 and to date the Board has
not received the requested documentation.
The entire:`.premises in question and considered merged
contains an area of approximately 8. 3 acres. The zoning
code requires each parcel of land to contain an area of
J 40 ,OOO square feet with road frontage of 150 feet for
residential purposes. It is the opinion of the Board that
Southold Town Board of Appeals -8- November 13 , 1981 Special
Meeting
(Appeal No. 2846-Patricia A. Bailey continued: )
there is adequate land available for appellant to meet the
requirements of the zoning code for 40 ,000 square feet
without significant economic injury. It is .also the opinion
of the Board that the 117-foot road frontage for Proposed
Lot 3 is not unreasonable and that the unusual shape of
these premises lends itself to practical difficulties in
this appeal for the insufficient road frontage.
In considering this appeal, the Board determines that
the relief requested as to insufficient area may be substan-
tial in relation to the requirements of the zoning code;
that the difficulty can be obviated by some method feasible
for the applicant to pursue other than a variance for
insufficient area; that the circumstances herein are not
unique; that in view of the manner in which the difficulty
arose and in consideration of all the above - factors the
interest of justice will be served by denying the variance
as applied for.
Accordingly, on motion by Mr. Grigonis , seconded by
Mr. Sawicki , it was
RESOLVED, that the application of Patricia- A. Bailey,
Appeal No. 2846 be denied as applied for.
Location of Property: Northwest side of Leslie Road
and the east side of Bay Avenue (a/k/a Skunk Lane) , Cutchogue;
bounded north by Nerone, Ficht and McCleery; west by Bay
Avenue; south by Maly, Price, Price; east by Swiatocha;
County Tax Map Parcel Nos. 1000-97-4-11 , 12 and 17.
Vote of the Board: Ayes Messrs. Douglass , Goehringer,
Sawicki and Grigonis. (Member Doyen, Fishers Island, was
absent. ) This resolution was unanimously adopted.
APPEAL NO. 2925 dated November 10 , 1981. Application
of Arthur M. Schwartz, M.D. and
APPEAL NO. 1632 dated July 26 , 1972. Application of
Ruth Sloan Gimbernat.
RE: Letter dated November 6 , 1981 and received Novem-
ber 10 , 1981 by our office from Roger L. Munz concerning
his father' s interest in the right-of-way in the above
appeals.
Motion was made by Mr. Goehringer, seconded by Mr.
Grigonis, and unanimously carried, to reply to Mr. Munz'
letter indicating that the most recent appeal No. 2925 of
J Dr. Schwartz is scheduled for public hearing to be held on
Southold Town Board of Appeals -9- November 13, 1981 Special
Meeting
Tuesday, November 24 , 1981 at 8 :50. o' clock p.m. , explaining the
rules and regulations for public notice and. notices of petitions
by certified mail:_to adjacent property owners as required by
Town Law and the Town Code. The Board also noticed that Mr.
Munz ' was appearing to be writing the Board on a personal
basis although .his letter appeared on official letterhead
of the Suffolk County Department of Real Estate. .: The Board
inquired whether or not the Suffolk County Department of
Real Estate had an interest in this appeal.
Vote of the .Board: Ayes : Messrs. Douglass, Sawicki,
Goehringer and Grigonis. (Member Doyen, Fishers Island, was
absent. )
APPEALS NO. 2912 and FL-9. Appeals of .Frank Curran.
Location of Property : ' 780 Fishermen' s Beach Road, Nassau
Point,. Cutchogue, New York.
Peter R'. Stoutenburgh, agent:.for:.Mr. Curran, appeared
informally before the Board concerning the Board' s .decision
rendered November 5, 1981. Mr. Stoutenburgh said that they
were contemplating taking 112 square feet from the easterly
side .of the dwelling, porch area, in order to comply with
the Board' s Condition No. 1 " . . .That applicant eliminate
112 square feet of building area (when using Mr. Van Tuyl ' s
calculations for total lot coverage) . The Secretary
stated that during. the latter part of this afternoon the
Building Inspector (George Fisher) assured that Mr. Curran
would not have to reapply or return to the Board of Appeals
for the proposal contemplated above, inasmuch as he would
appear to be in compliance with the Board' s condition.
Motion was made by Mr. Grigonis , seconded by Mr. Sawicki,
to designate Jack Davis as road inspector for the Board of
Appeals as .required and directed by the Board of. Appeals for
inspections and written reports concerning private right-of-
ways , .access _roads, et cetera.
Vote of the Board: Ayes : Messrs. Douglass, Goehringer,
Sawicki and Grigonis.
Mr. Grigonis reported to the Board on the. status of
the zoning committee meeting held Thursday.., November 12, 1981.
Mr. Grigonis said that a list will be required from the Board
of Appeals as to which variances for access roads on Fishers
1 w i • 1
Southold Town Board of Appeals -10- November 13 , 1981 Special
Meeting
Island have been approved and that inspections .and. reports on
Fishers Island private roads requiring 280-a approvals from
this Board should .be donne and a'..determination made as to
which roads will require Z.B.A. approvals in order to prevent
duplication .of variances, etc. The Board decided to discuss
this further at the next. regular meeting of the Board, to wit,
November 24 , 1981.
Being there was no further business to come before the
Board at this time, the Chairman declared the meeting closed
at approximately 6 : 00 o' clock p.m.
Respectfully submitted,
AP._PRO. ED Linda F. Kowalski, Secretary
Southold Town Board of Appeals
��.&6 Chairman Boa d, of Appe I
pro TtM
s
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.
TERR*"-HlL-L
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Joseph H. Sawicki
WAIVER OF NOTICE OF MEETING
OF THE
SOUTHOLD TOWN BOARD .OF APPEALS
WE, the undersigned , being members: of the Board of Appeals of
the Town of Southold , Suffolk . County , New York , do hereby severally ,
waive no of the, time , place and purpose of the meeting of the
Board of .Appeals to' be held at the Southold Town - Hall , Main Road ,
Southold , New York on Friday, November, 13, 1981 at 4:45 o'clock p.m.
and do hereby consent that the ,same be held on said date for the
transaction of any business which may properly come before said
meeting.
DATED : November 10 ; 1981
Southold , qew York.
/M'ember r Doy Jr. . .
- M tuber Robe r J. ss
'XI
ember Gerard oehri r.
m er Joseph H. wSawic i
C airman, AChar Grig is , Jr. . .
R'EC ;IVED AND FILED BY
TgIIE SOUTHOLD TOW14 CLERK
DATE//4/4l,?1 HOUR
Town Clerk, To�1Ln-gaL_ uthold