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Home My WebLink AboutZBA-01/10/1984-SPEC L 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 'JANUARY 10, 1984 A Special Meeting of . the . Southold Town Board of Appeals was held on Tuesday, January 10; 1984 at 7: 00 o'clock p.m. .at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr. ; Robert J. Douglass and Joseph H. Sawicki. Absent was Serge Doyen of Fishers Island. Also present was Victor Lessard; . Adminis- trator (Building Department) and Ruth Oliva (North_ Fork Environmental Council) . The Chairman called the meeting to order at 7: 05 p.m. CORRESPONDENCE: Appeal No. 3159. EDWIN W. STEWART. On . . January 3; 1984, our off ice received written coirrespondence from Mr. E. Stewart requesting reconsideration of the 8 ' addition which was conditionally granted by this board on November 25, 1983. The board members discussed the reasons given in Mr. Stewart' s request and ,it was unanimously agreed that the board' s prior decision as rendered on November 25, 1983 should not be changed, altered, amended, or otherwise. The secretary was instructed to advise Mr. Stewart of the above. The board reiterated that the size of this parcel is approximately 4, 000 sq. ft. which is not sufficient to warrant the total 14 ' area,. . particularly due to this flood locale. DELIBERATIONS: Appeal No. 3187 - BERTHA OKULA. The Chair- man asked that this matter be carried over to' the Regular Meeting of January 25, 1984 when Member Doyen could be present. N Southold Town Board of Appeals -2- January 10, 1.984 Special Meeting 'NEW. '.APPLICATI.ON:. Appeal. No. 3203 'DeJ. 'CLAUSE 'ENTERPRISES. The. board members reviewed the .subject appeal _appl;ication filed on December. .27, 1983..by. the Law.'.0ff.ices .of.. William W. Esseks,._ Esq. The following action was taken: on motion by Mr. Douglass, seconded by Mr. Grigonis, it was . RESOLVED, that Appeal. No. 3203, application for D;J: 'CLAUSE_ ENTERPRISES. be scheduled for public hearing to. be held at the January _1984. Regular Meeting -_of ..this. board subject to receiving the following information prior thereto: Plan showing 'the proposed location of the fire. walls for these. _buildings _in this proposed division of land. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island. was absent. ) This resolution was unanimously adopted. It was also the consensus of the board to request an inspection of the interior of the buildings. in question for Sunday, January 22, 1984 at 11: 00 a.m. DATE- FOR PUBLIC 'HEARING AND SEQRA: .,. App:eal�No. 3204 - DOUGLAS CASTOLDI (Beachwood Cafe) . On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3204, application of DOUGLAS CASTOLDI for a Variance to the Zoning Ordinance for a proposed addition with insufficient yard setbacks at the . corner . of .Kenney' s . Road. and Leeton Drive, Southold, be and hereby IS SCHEDULED FOR PUBLIC HEARING in addition to those previously scheduled. to .be -held at the next- Regular Meeting of this board, to. wit: Wednesday, January 25; 1984, and that the same shall be advertised in the local and official newspapers of the town, pursuant to law. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island. was absent. ) This resolution was unanimously adopted. ENVIRONMENTAL DECLARATION: On motion by Mr. Douglass, seconded' by Mr. Sawicki, it was RESOLVED, to declare the..following Negative Declaration: Southold Town Board of Appeals -3- January 10, 1984 Special Meeting NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3204 . PROJECT NAME: DOUGLAS CASTOLDI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y. S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated: below. Please take further 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: Frontyard setback for proposed. addi- tion off Kenney' s Road, and. vestibule addition off Nor-th._Sea Drive, LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Corner of Kenney I s. Road and North Sea Drive, Southold,. NY;' REASONS) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The project proposed is landward of. the L.I. . Sound and existing buildings and is located south of . North Sea ,Drive, a town road. . Vote of the Board: Ayes.: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of .Fishers Island was -absent. ) This resolution. was unanimously. adopted. . i Southold Town Board c,� Appeals -4- January- --_ , 1984 Special Meeting PENDING PLANNING BOARD AND OTHER: Appeal No. 3205 - JOHN M. and FRANCES C. DiVELLO. Application for approval of access over a proposed new right-of-way and for approval of insufficient area and width of four proposed lots at the East Side of Westphalia Road, Mattituck was filed on January 6, 1984. The board members reviewed the new application together with recent correspondence from John W. Giblin, Jr. , Esq. , attorney for Andrew Galgano, Sr. and Andrew Gal- gano, Jr. , users of the present right-of-way. The following action was taken: On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, . that Appeal. No. 3205, application for JOHN 'M. and FRANCES C. DiVELLO, be temporarily held ._in abeyance pending receipt of the following: (1) Comments or recommendations from the Southold Town Planning Board concerning the layout of this proposed subdivision and the proposed new right-of-way; (2) An executed joint easement or. agreement between the parties involved concerning the use of this proposed new right-of-way. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island. w_as absent. ) This resolution was unanimously adopted. NEW APPLICATION: Appeal No. 3206 = 'HENRY 'P. SMITH. The board members reviewed this. new application .filed. January. 6, 1984 in which the applicant seeks permission to subdivid.e. his premises located at the West Side of Peconic Lane, Peconic, into two lots containing insufficient area- and width .in this B-l. Business _Dis- trict. Pursuant to the town' s. January 1982 set,_of procedures concerning applications involving both the Z.B.A. and the Planning Board, the following action was taken: On motion by Mr. Grigonis, seconded by Mr. Sawicki, it. was RESOLVED, that Appeal. No. 3206., application for 'HENRY P� 'SMITH be temporarily held in _abeyance pending. _review and: receipt. of comments from the Southold Town Planning Board concerning the lot line layout of this proposed subdivision (or set-off). recently filed. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member.. Doyen of Fishers Island was absent. ) This resolution. was unanimously. adopted. Southold Town Board oi_i- "ppeals -5- January 1984 Special Meeting ASSOCIATION OF TOWNS ANNUAL MEETING: February 19, 20, 21, and 22, 1984 at the New York Hilton Hotel. Reservations by January 20, 1984 to the Town Clerk. Member Sawicki indicated that he would like to attend and would let us know by the 20th. Member Goehringer said he had planned going in Monday and Tuesday. Members Douglass and Grigonis said they would not be staying overnight on any of the dates. The secretary was asked to attend if possible. Member Doyen has made reservations with the Town Clerk for a single room for the entire four-day session. NEW APPLICATION: Appeal No. 3207. 'WINDS WAY BUILDING CORP. (as contract vendors. with Svante Johnson, owner) . . Cedar Point Drive East, Southold. Subdivision Lots 82 to 87, inclusive, Map'.##90 of Cedar Beach Park. Area and width variance for three proposed lots rather than the original six lots. In accordance with. the town' s January 1982 set of procedures con- cerning applications involved both this board and the Planning Board, and pursuant to the N.Y.S.. Tidal Wetlands Land Use Rragu.lations pertain- ing to lots along estuaries,. the following action was taken: On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3207, application of WINDS WAY BUILD- ING CORP. be temporarily held in abeyance pending review and receipt of comments from the Southold Town Planning Board concerning the lot line layout of this proposed subdivision (or set-off) and approval from the N.Y.S. Department of. Environmental Conservation inasmuch as the property is below 10 ' elevation and fronts along Pleasant Inlet at Cedar Beach Harbor. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and. Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was unanimously adopted. APPROVAL OF MINUTES:' The following was taken concerning recently prepared minutes of previous meetings of this board: On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to approve the minutes as submitted for each of the following meetings: December 29, 1983 Regular Meeting; December 19, 1983 Special Meeting; November 30, 1983 Regular Meeting. Southold Town. B.oard of Appeals -6- January 10, 1984 Special Meeting (Approval of Minutes, continued: ) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was unanimously adopted. NEW APPLICATION: Appeal No. 3201 - NORMAN C. BOOS. The. Chair- man indicated that he and each of the board members have received many letters in objection. to this application. Also, discussions have been held with Supervisor Murphy as to the status and. processing of this application. Those interested were informed that the Z.B.A. has requested additional information from the applicant pursuant to this board' s resolution adopted December 28, 1983 .. The Chairman also advised that this file is pending SEQRA, and a declaration must be made as to its effect, if any, on the environment. The board members discussed the project at length, particularly the number of boats kept at the premises, their sizes, the different occupancies, the wetlands grasses along the channel, sewage systems on the boats, etc. ... On motion by Mr. Sawicki, seconded by Mr.. Goehringer, it was RESOLVED Pursuant to Section. 617. 7 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, and in order to commence the processing of the SEQRA procedures, the Board of Appeals of the Town of Southold at this time _declares itself leady agency in this proposed project and hereby classifies the _same as an 'uhlisted action which may have a significant adverse effect upon the environ- ment for the following reasons: 1. Information has not been submitted indicating. the type of sewage systems available, if .any, for. those boats. having sleeping,_ kitchen, or other facilities, which may cause pollution into the waterway; _ 2 . Information has not been available indicating the type of manuevering for those boats to be navigating to and from each --docking facility, which .may disturb the wetlands area along the edge of this.. subject area. It is hereby requested that the applicant and/or. his agent furnish our department with a completed Long Environmental Assessment Form (copy provided for applicant' s. use) . 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 Z..B.A. application. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island. w_as: _absent. ) This resolution was unanimously adopted. Southold Town Board c', . 3ppeals -7- January li _. 1984 Special Meeting Being there was no other business properly coming before the board at this time, the following action was taken: On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that this meeting adjourn. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was unanimously adopted. The meeting adjourned at approximately 8 : 00 p.m. Members Douglass, Ruth Oliva,. Victor Lessard, Chairman Goehringer stayed afterwards for general discussions which were not part of the meeting® Respectfully submitted, .� i�11-c-v'GL1 gLida F. Kowalski, Secretary Southold Town Board of Appeals Tip oved - Gerar P. G ringer 1 25/84 Chairman CEIVED AND FILED B a -.ICE SOUTHOLD TOW14 CI, � SATE HOUf3 Town Clerk, Town of S611#h.61�