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HomeMy WebLinkAboutZBA-07/16/1981 FDLA,CO� �. C 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 JOSEPH H. SAWICKI AWICKI JULY 16 1981 A Special Meeting of the Southold Town Board of Appeals was held on Thursday, July 16, 1981 at 4:45 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 Doyen, Jr. , Fishers Island,) The Chairman opened the meeting at 5 :05 o ' clock p.m. .RECESSED HEARING: Appeal No. 2839. Application of Colonial Corners, Incorporated . This hearing was reconvened at 5 :05 p.m. It had been recessed at the meeting of this Board on July 9, 1981 , to be reconvened on this date. Appeal No . 2839. Application of Colonial Corners Inc. , Main Road, Southold , NY, (by William B. Smith as agent) , for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-71 for approval of insufficient area and yard. setback of two proposed parcels at the south side of Main Road, Southold, NY; east parcel to Dubovick.; bounded. north by State Road 25; south and east by Methodist Church. County Tax Map Parcel Item No . 1000=61-4-7. MR. CHAIRMAN: This is Appeal No . 2839. We recessed it last time. It 's just been brought to my attention that Colonial Corners Inc. is incorrect; there 's no such establishment. It is Albertson & Katz, period . MEMBER GOEHRINGER: Albertson & Katz, no inc. MR. CHAIRMAN: I'll make a motion. that this be amended, that the application be amended to read. as Albertson & Katz . MEMBER DOUGLASS : Seconded. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to amend the application to read Albertson & Katz, appeal 2839. Southold. Town Boai, of Appeals -2- July 16 , 1981 Vote of the Board : Ayes : Messrs . Grigonis, Douglass , Goehringer, and. Sawicki. (Mr. Doyen was absent. ) MR. CHAIRMAN: So _ moved. , Mainly, I think we got you people together so you and. Mr. Albertson and Mr. Dubovick could figure out if you had any questions to ask, Mr. Albertson, and how you'd make out. I talked to Mr. Albertson the other night and. he said. he had. a letter. DR. DUBOVICK: Just to make sure there's no problem. Apparently there is something to explain. STEPHEN OSTROW: The way Mr. Albertson explained it to me is that there's really practically anything in connection with Dr. Dubovick.'s property and. that prior to continue working done, that Albertson & Katz will deliver (this word was inaudible ) certificates of liability for anything that might indeed affect Dr. Dubovick or his property. Dr. Dubovick has no objection to the application being made. (At this time during the hearing more than one person was speaking and. a verbatim transcription was not possible. ) MEMBER GOEHRINGER: Can I ask a question? MR. CHAIRMAN: Yeah, go ahead. MEMBER GOEHRINGER: Or do you want to digress on that. Do you want to say anything or can I ask a question? MEMBER DOUGLASS : No, go ahead. MEMBER GOEHRINGER: Bill was going to bring us a copy (phrase .was inaudible) indicating that you had a right of way over the main church parking lot which is leased to the Town or something, covering some kind of egress out of the rear? WILLIAM SMITH: A copy of the deed, or the contract (remainder of the statement was inaudible.) MEMBER GOEHRINGER: We'll run a copy off showing this so we can-- (At this time, more then one person was speaking and. it was unclear as to what the statements were. ) MR. CHAIRMAN: Any other questions? Bob may have something he wants-.to say. MEMBER GOEHRINGER: Is there any timeliness involved. in this? Can you wait for a decision until the August fifth, when's the next meeting? MEMBER SAWICKI: The sixth. MEMBER GOEHRINGER: August sixth. Can you wait until the August sixth meeting? (At this time more than one person was speaking and. it was unclear as to what the statements were. ) Southold Town Boar of Appeals -3- July 16 , 1981 WILLIAM SMITH: If you get .this before the twenty fourth of July, I can get it into the August 3rd Planning Board meeting. A.W. ALBERTSON, JR. : Get what? WILLIAM SMITH: Get this thing started for subdivision. A.W. ALBERTSON, JR. : Sure, we're ready. WILLIAM SMITH: That 's the only thing. As long as we delay it, I think it's the, I was told., if I got my papers in on another deal before July twenty something, we'd be on the August 3rd meeting. MEMBER GOEHRINGER: . Well, the reason why I asked that question, Bill, is because we 're certainly not going to make a decision today because we don't have Serge with us . WILLIAM SMITH: You don't have what? MEMBER GOEHRINGER: We don't have Serge Doyen with us ,. WILLIAM SMITH: Oh. MEMBER GOEHRINGER: We're only going to close the hearing today. Okay. Now, I don't know when we're going to get together for the next special meeting, so that was the reason why I asked.. It could be before the twentieth, I don't know. WILLIAM SMITH: Yeah, well. MEMBER GOEHRINGER: Or whenever the Chairman calls -for another meeting. MR. CHAIRMAN: We'll probably have another meeting before then. MEMBER GOEHRINGER: Yeah. Some people have sub-contractors waiting who are ready to go in and some wait. WILLIAM SMITH: Well, we've got a long way to go. MR. CHAIRMAN: Bob, do you have anything to ask. them? MEMBER DOUGLASS : Well, I was just looking here. Jitney can answer it, I guess, here on this, where it shows the building at the line of the right of way. But then it shows the property line out past the curb. See, here-- A.W. ALBERTSON, JR. : Oh, wait a minute, you have the wrong, this is the one I'm working on. This, I've done (remainder of statement was inaudible. ) MEMBER DOUGLASS : Oh, this you don't-- A.W. ALBERTSON, JR. : That's Krupsk.i. MEMBER DOUGLASS : Yeah, but don't you use this? A.W. ALBERTSON, JR. : Yeah. Southold Town Boaj-u. of Appeals -4- July 16, 1981 MEMBER DOUGLASS : Yeah, this you have to use. They show this the curb and they show that the line of the building. A.W. ALBERTSON, JR. : That 's about right. MEMBER DOUGLASS : But they show the property line out there. A.W. ALBERTSON, JR. : It is . MEMBER DOUGLASS : It comes out into this area here. A.W. ALBERTSON, JR. : There you are. Yes . MEMBER DOUGLASS : Yeah. (The previous few statements are referring to building plans which were not provided to the secretary for reference at the time of testimony.) MR. CHAIRMAN: Any other questions? (Negative) Mr. Dubovick, are you satisfied with what they have proposed.? A.W. ALBERTSON, JR. : I told . Juney .that- at .closing I will have the necessary insurance to cover (remainder of statement was inaudible. ) STEPHEN OSTROW: As long as ,you have it prior to any demolition and construction-- A.W. ALBERTSON, JR. : Oh, yes, sure, and even before the trees touch the grass . (Remainder of statement was inaudible. ) MR. CHAIRMAN: So, I'll offer a resolution closing the hearing so we won' t hold you gentlemen up. The resolution to close the hearing and reserve decision. MEMBER GOEHRINGER: Second. On motion by Mr. Grigonis, seconded. by Mr. Goehringer, it was RESOLVED, that the hearing be declared. closed and decision reserved in the matter of Appeal No. 2839, application of Albertson & Katz (form- erly and also known as Colonial Corners , Inc. ) . Vote of the Board: Ayes : Messrs . Grigonis, Douglass , Goehringer, and Sawicki. (Mr. Doyen was absent, Fishers Island. ) On motion by Mr. Goehringer, seconded by Mr. Grigonis , it was RESOLVED, to amend the minutes of the Special Meeting held by this Board on June 24, 1981 to include the Environmental Declaration of James Giambalvo (a/k/a Peconic Bay Gardens, Inc. ) which action was taken by the Board on that date but which. was not typed in the original minutes due to a typographical error. Vote of the Board : Ayes : Messrs . Grigonis, Douglass, Goehringer, and Sawicki. (Absent was : Mr. Doyen, Fishers Island. ) Southold Town Boai,.. of Appeals -5- July 16, 1981 Motion was made by Mr. Grigonis , seconded by Mr. Douglass , , that the following appeals be scheduled and advertised for public hearings to be held at the next regular meeting of this Board, to wit, August 6, 1981 at the Southold Town Hall, Main Road, Southold, New York: 7 :25 p.m. Appeal of Margaret McGowan. For approval of insufficient area and/or width of two parcels due to the relocation of lot lines . R-O-W south of Great Peconic Bay Blvd, , Laurel 7 :35 p.m. Appeal of Kenneth i, & Judy M. McFall. To construct one-family dwelling from pre-existing chapel with insufficient rear yard setback. at 7216 Great Peconic Bay Blvd. , Laurel Vote of the Board: Ayes : Messrs . Grigonis, Douglass, and Sawicki. Mr. Goehringer abstained. Mr. Doyen was absent. (F.I.') On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Margaret McGowan, Appeal No. 2852 : ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S . Department of Environ- mental 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 herein 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 ind.icates that no significant adverse effects were likely to occur should this project be implemented as planned- The property 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 involved, nor for any other project not covered by the subject appeal application. Vote of the Board.: Ayes : Messrs. Grigonis, Douglass, Goehringer, and Sawicki, (Mr, -Doyen was absent, Fishers Island. ) On motion by Mr. Grigonis , seconded by Mr. Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Kenneth I. & Jud.y M. McFall, Appeal No. 2853 : Southold. Town Boa _ of Appeals -6- July 16, 1981 ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S . Department of Environ- mental 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 herein 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 property 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 involved, nor for any other project not covered by the subject appeal application. Vote of the Board: Ayes ; Messrs . Grigoonis, Douglass, Goehrin.ger, and. Sawicki, (Absent was : Mr, Doyen, Fishers Island., ) After discussion, the Board scheduled. its next inspection for Wednesday, July 29, 1981 at 5 : 15 o ' clock p.m. Being there was no further business to come before the Board, motion was mad.e by Mr. Grigonis, seconded by Mr. Goehringer, and carried to adjourn,: at 5 :30 o ' clock p.m. (approx. ) . Respectfully submitted, Eileen M. Carey, Recordi g Secretary APPROV D Southold Town Board of Appeals r Ac. ,j Chair an oaard� of Appeals