HomeMy WebLinkAboutZBA-05/02/1984-SPEC 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
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS M I N U T E S
JOSEPH H. SAWICKI ----- -.- -
SPECIAL MEETING
WEDNESDAY , 'MAY 2 ,- T984
A Special Meeting of the Southold. Town Board of Appeals was held
on Wednesday ; :May '2 ; '1984 at 7 : 00 o ' clock p .m: at the South-old Town
Hall , Main Road, Southold , New York . -
Present were : Gerard P. Goehringer , Chairman ; Charles. Grigonis ,
Member; Robert J . Douglass , _Member; and J-oseph H. Sawicki , Member .
Absent was Serg-e Doyen , Member ( Fishers _I.sland) o Also present was
Victor Lessard , 'Bui_lding=Department Administrator . .,
The Chairman opened the meeting at 7 : 00 .p .m.
AIPPEAL 'NO. 3234: ABBOTT '& 'SWANSON=A . 'TRUCKENBRODT, ET AL .
In reviewing the Short Environmental Assessment Form submitted
with the appeal a_p.plication in the above matter ; the board rioted
serveral "ye,ses." i_ndicating. the project may be significant . In
accordance with--Section 617. 3 'of _th_e' State. Environmental Quality
Review Act , the f.o,llowing_ :action was taken :
On motion by Mr . Douglass , seconded by Mr. Grigonis , it was
RESOLVED , that this board hereby determines itself lead agency
concerning the within project , and it. was
FURTHER RESOLVED, that this project be declared an Urili'sted
Action-; ' and it is
FURTHER RESOLVED , that a 'L'ong 'EnVi'ronmental' 'Assessmerit Form
be requested of the ap,pl i cant in 'or_aer _that a. determination may be
made as to whether or n,o-t this project may significantly affect.
the environment.
` Southold Town Board of Appeals -2- May 2 , 1984 opecial Meeting
( Environmental Review-Truckenbrodt , et al . )
Vote of the Board : Ayes : Messrs . Goehringer , Grp gonis .; : Doug1ass
and Sawicki . Member Doyen of Fishers Island was abs-ent . This resolu-
tion was adopted by unanimous vote of the members present.
Accordingly , on motion by Mr . Douglass , seconded by Mr . Goehringer ,
it was
RESOLVED , to rescind the April 19 , 1984 resolution of this board
which had -scheduled this appl i cati o_n _for .-public hearing at. the next
regul'ar meeting ,_ pending completion of the S_, E.Q . R.A. process .
Vote of the Board : Ayes : Messrs . Goehringer , Griognis , Douglass
and Sawicki . Member Doyen -of .Fishers Island was absent. "-. This resolu-
tion was adopted by unanimous -vote of th_e members present .
- - - - - - - - -
NEW 'HEARI'NGS. F.OR MAY. 17 '1984 : On motion 'by Mr. Goehringer ,
seconde, y -Mr. :Sawi.c i. _i t was
RESOLVED, that the following matters be and hereby are 'SCHEDULED
for public- hearings - to be he"l d - at - the -next - Regul ar. . Meeti ng - of -,-th,i.s _ .
Board , ".to wit : � �THURSDAY , MAY '1'7 ; J984 i'n' 'addi.tion 'to 'those .0revibd.81y
scheduled :
Appeal No . '3229 -. V.INCE.NT 'GRI.F.FO;
Appeal No-. 3238 = �JAMES AN-DER.S.ON;
Appea-1 No. ' 3222 = -'-JOHN " WICKHAM 'AND. .OTHERS;
Appeal- No . 32.25 .= -JOSE !V < '.RO.DRI.GUEZ;.
Appeal No. 3239 -JOSEPH- FISCH.ETTI ;
Appeal No . 3240 = "JOH14 'AID 'PATRICIA DINIZI.O;
Appeal No . 3241 `ROBE.RT 'We 'GILL-I'SPI"E -III;
- - - - - - - -- - - - -- -
Appeal. No , " 323-7 = GOLDSMI-TH 'AN-D. _T.UTHILL 'INC . ;
Appeal No . 3238 `GOLDSMITH "AND. .TUTHI-L-L; INC.
Appeal No . 3235 -GE.RTRUDE =M. 'ALI ;
Appeal No . 3118 KATHR.INE =PARR :.
Appeal No . ..31-17 `KATHR.INE -FARR;
Appeal No . 3243 = 'K.EVIN 'AND 1ESLEY 'MILOWSKI :
Appeal No. 3232 =: -BERT.RAM' =AND '-MARJ.ORIE 'WALKER .
Vote of .the Board : Ayes : Messrs . Goehri'nger,' 'Griognis , 'Douglass
and Sawicki .- - Member Doyen -of Fishers I-s1 and was -abse-rrt . Thi.-s- resol'u-
tion was adopted by unanimous -v-ote of th-e- members prese-nt. -
Southold Town. Board of. .Appeals -3- May 2 , 1984 Special Meeting
RESERVED DECISION : Appeal No . 3192.
Upon application of 'LINDA 'MILLER FAULKNER, Box 787 , Cutchogue , NY
for a Variance to the Zoning Ordinance , rticle III , Section 100-31 for
permission to reseparate two parcels .with insufficient area and width .
Location of Property : Southwest Side of West Creek Avenue , Cutchogue ,
NY; County Tax Map Parcel Nos . 1000-103-13-4 and 5 (now 5 . 1 ) .
The public hearing on this matter was held on April 5 , 1984 , at
which time the hearing was declared closed pending reinspection and
deliberations .
The board made the following findings and determination : i
By this appeal , applicant seeks a variance to the provisions of
Arti.cle III , Section 100-31 , Bulk Schedule of the Zoning Code , for
permission to re-separate two proposed lots , Parcel 1 of 34 , 124 sq .
ft . in area with 110 ' lot width , and Parcel 2 of 33 , 101 sq . ft. with
120 ' lot width .
The premises in question are located on the southwest side of
West Creek Avenue at Cutchogue and front along . Wickham Creek. Parcel
1 is improved with a one-family, 12-story frame dwelling with porch
and is set back approximately 82 feet at its nearest point from the
front property line. Parcel 2 is vacant. At the easterly side of
Parcel 2 are a stretch. of trees attractively screening the parcel
. and which have been existed for at least 35 years . Adjoining
property owners have indicated their concern for these trees and
the board was assured by the applicant that it is not her inte.n-
tion to remove or destroy these trees and accordingly would not
object to that stipulation, by this board .
For the record it is . noted that this project has received the
approval of the N .Y . S . Department of Enviro.nmental Conservation
March 7 , 1984 under. Permit #10-83-1536 . Also , since this matter
has been reviewed by the Planning Board at their January 9 , 1984 meeting
and an unfavorable resolution was adopted, it is recommended that
the Planning Board proceed in accordance with Chapter A106 if
the January 9 , 1984' action was taken to reiterate the same reasoning
of the Building Inspector in his November 14 , 1983 Notice of
Disapproval .
It is further noted in researching the history of these premises ,
the property was conveyed separately prior to the enactment of zoning
(1957 ) , and that at the time of th-e 1963 conveyances when these par-
cels were recognized as separate lots , the minimum zoning requirement
for lot area was 12 ,500 sq . ft . and 100 ft. lot width . Upon investi -
gating the character of the area , a majority of the parcels in the
immediate vicinity are less than that proposed . by this application .
Southold Town Board of Appeals -4- May 2 , 1984 Special Meeting
(Appeal No . 3192 -. LINDA MILLER FAULKNER; continued : )
In considering this appeal , the board determines : (a ) that the
relief requested is not substantial ; (b ) that the granting of the
requested relief, the character of the neighborhood, will not be
adversely affected ; (c ) that by allowing the variance , no substantial
detriment to adjoining properties would be created ; (d ) that no
adverse effects will be produced on available governmental facilities
of any increased population ; (e ) that the relief requested will be
in harmony with and promote the general purposes of zoning ; and (f)
that the interests of justice will be served by allowing the variance ,
as indicated below.
Accordingly , on motion by Mr . ' Goehringer , seconded by Mr. Sawicki ,
it was
RESOLVED , that Appeal No . 3192 , application of LINDA 'MILLER FAULK
NER for approval of insufficient area and width , Parcel 1 having an
area of 34 , 124 sq . ft . and width of 110 feet and Parcel 2 having an
area of 33 , 101 sq . ft.. and width of 120 feet ,. BE AND HEREBY IS
APPROVED AS APPLIED SUBJECT TO THE FOLLOWING RECOMMENDATION :
That the existing trees be retained within five feet of the
proposed division (center ) property line .
Location of Property : Southwest Side of West Creek Avenue ,
Cutchogue, NY ; County Tax Map Parcel Nos . 1000-103-13-4 and 5 (5 . 1 ) .
Vote of the Board : Ayes : Goehring.er , .Grigonis , Douglass and
Sawicki . (Member Doyen of Fishers Island was absent . ) This resolu-
tion was adopted by unanimous vote .
APPEAL NO. 3242 - HENRY DOMALESKI : In reviewing the new file.
for approval of access over a private right-of-way and approval ..of
insufficient lot width , the following action was taken :
On motion by Mr. Douglass , seconded by Mr . Grigonis , it was
RESOLVED , that Appeal No . 3242 , application for HENRY DOMALESKI �
for a proposed two-lot subdivision .wt.h insufficient width and for
approval of access , be held temporarily IN ABEYANCE pending review
and rec_eip.t of comments from the Planning Board and N . Y . S .-
Depart-
ment of Environmental Conservation. (Tidal Wetlands Reg. 661 . 5 (b ) [57] .
Vote of the Board : Ayes : Messrs . Goehringer , Griognis , Douglass
and Sawicki . Member Doyen of Fishers Island was absent . This resolu-
tion was adopted by unanimous vote of the members present .
Southold Town: Board of Appeals . -5- May 2 , 1984 Special Meeting
REQUEST -ROAD -REPORT: Appeal No . 3246 - CARRIG & McDONALD . On
motion_ :by Mr. Douglass , seconded-, by Mr . Grigonis , it was
RESOLVED, to request an inspection .and report from John W. Davis
concerning the subject right-of-way located on- the ..north side of
Bergen Avenue , Mattituck . _
Vote of .the Board: 'Ayes : Messrs . Goehri.nger , Griognis , Douglass
and Sawicki ._ Member Doyen of Fishers Island was absent . This resolu-
tion was adopted by unanimou.s' vote of .the members present . -
.
REQUEST ROAD REPORT: ' Appeal. No . 32.31 DOUGLASS 'MILL'ER. On
motion ,by M,r . ,D0u,gl ass; seconded. .'by -Mr . Gri„ggn.is ,-- it: w_as
RESOLVED , to request an inspection and report from John W. Davis
concerni n..g the 'tw6Jsub jects:righ't.s:=.of-way. 1 ocat.ed on the south side
of Sound Avenue ,. Mattituck.
Vote of the Board : Ayes : Messrs . Goehringer , Griognis , Douglass
and Sawicki . Member Doyen -of _Fishers Island was ,absent . -Thi s resolu-
tion was adopted by unanimous vote of ,the members present. -
APPEAL 'N0 '32031. '- 'NORMAN- 'C BOOS :
WHEREAS, 'on December 20 ,' 1983, an application for a variance has
been filed requesting additional - do.ckage:._facili-ties__at premises. located
on the south side of:. .Skunk Lane (Bay Avenue ) , 'Cutchogue;,_ New .Yo.rk, now
of Norman C. Boos ;
WHEREAS , since the date of .f.iling this application , an environmental
review process has been pending concerning this_ proposed project; and
WHEREAS, on April 25 ,. 1:984 , this board has been requested to
withdraw the ,subject
appl-ication , without prejudice ;
NOW ,. THEREFORE, on motion 'by Mr. Douglass , seconded. 'by* Mr. Loeh-
ringer , _ �._
BE IT RESOLVED, -that - Appeal - No . 3203, application for -NORMAN C .BOOS
be and hereby i_s W.ITH.D-RAWN XITHO.UT '_PREJUDICE__ C4s requested)
Vote of- the Board --Aye-s: - -Me-ssr-s-. =G-oehri.nger, Gri ogn-i s , DougI ass
and Sawicki .-. Member Doyen of :Fishers Is.l and w.as- -absen.t. : This. res:ol u-
tion was adopted by unanimous _v.ote of .the. members present .
Southold Town.. Board of •Appeals -6.- May 2 , 1984 Special Meeting
APPEAL. NO . 3202 - D.J . CLAUSE 'E.NTERPRISES: Ah+-April 20 , 1984
1 etter_. wi th proposed De:c1 arati.on -of Cov-e.nants- was submitted by. wi 1 -
1 iam W. Esseks, Esq .,-attorney for.._the applicant; In r.evtiewi_ng;:
,the covenants , the, board noted no mention -of the. Zoning Board ' s.
conditions as rendered in its January 253 1984 decision but instead
mention of .Planning. Board requirements under consideration . It
was the consensus of the board that Mr. . Esseks be notified that
there is no mention_. of Zoning Board conditions and perhaps it was
to have been sent to the Planning Board - office .
INCOMPLETE •FILE : JULIA K„. 'T.UTHILL, by I . L . Price , Jr . Esq .
The board reviewed._ the papers .submitted_ with Mr . _Price ' s, April 24 ,
1984 letter , and the Chairman read. the .May.: :1,:,: 1984'.-rep'l:y fpom..:Mr'o :_
Price., which was in response to our request for additional information
of April 30 , 1984 . The . Chairman said . he would discuss this matter
with town counsel before reiterating our April 30th request .
Being there was no other business properly coming before the
board at this time , the Chairman rriove'd ;tdd adj_our.n; seconded. 'by
Mr . Sawicki , and duly carried. Meeti1ng '_adjo;urned.
Respectfully submitted ,
Linda F. Kow.a.lski •Secretary
Southo.l d. Town Board. of .Appe•al s
Gerard P. Goe. ringer, airman
Approved. -
T 11: SOUTHOLD TO VIN GL�== : I
DATE // /g/��f HOUR // ./5 f9/7?
Town Clerk, Town of Soutliold .
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