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HomeMy WebLinkAboutZBA-10/28/1981 t 7 �o��FFoUr�oG 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. ROBERT J. DOUGLASS M I N U T E S GERARD P. GOEHRINGER — JOSEPH H. SAWICKI SPECIAL MEETING 0CTOBER 28 , 1981 A Special Meeting of the Southold-Town Board of Appeals was held on Wednesday, October 28, 1981 at 4 :45 o'clock p.m. at the Southold Town Hall,, Building Department Room, 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) . APPEAL NO. 2874 - MATTHEW McKIERNAN.. Public Hearing held September 17, 1981 and October 15 , 1981. Hearing closed on October 15, 1981 pending receipt of certified copy of renewed covenants and restrictions concerning the subdivision. of "South- wood, " Beachwood Lane, Southold, NY. Motion was made by Mr. Grigonis, seconded by Mr. Goehringer, directing the following letter be sent to the Southwood Property Owners Association and the applicant: " . . .At a Regular Meeting of the Board of Appeals held on October 15, 1981, the Board was advised that there is a current set of covenants and restrictions filed with the County Clerk concerning construction in this subdivision, "Map of Southwood, Map No. 2141" and the Board requests that our office be supplied with a copy of same certified by the Suffolk County Clerk as early as possible. This appeal is to be placed on the agenda for the next regular meeting to be held November 5 , 1981, and the Board requests submission of the documentation to our office by November 5 , 1981. " Vote of the Board: Ayes: Messrs : Douglass, Goehringer, Sawicki and Grigonis. Southold Town Board of Appeals -2- October 28 , 1981 Special Meeting, RESERVED DECISION: Rehearing: Appeal No. 2766 . Application of Rose Dansker., 300 East 56th Street, Apt. M. , New York, NY 10022 (by Gary F.lanner Olsen., Esq..) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width,of two proposed parcels located at Wells Road, Peconic., NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger; County Tax Map Item No.. 1000.-86-2-10 & 11. Public Hearing was ..held on this matter on July 9, 1981. The Board made the following findings and determination: This is. a rehearing of the appeal of Rose Dansker for an area variance. The history of the case is as follows : By application dated December 3, 1980, Appellant applied to this Board for an area variance. By decision of this Board approved on April 28 , 1981, the appeal was denied for the reasons stated in the Board' s decision. By letter application. dated .May 6 , 1981, Appellant' s attorney applied to this Board for a rehearing of this matter. By resolution of this Board adopted on May 22.; 1981 , such rehearing was unanimously approved. A rehearing was held on July 9 , 1981 pursuant to due notice thereof. This Board' s denial of the original appeal was predicated--primar- ily upon the Suffolk County Department of Health Services ' position that the westerly parcel (Lot No. 11) "may not meet our minimum standards for new construction of a septic system and water supply. " Upon rehearing of this appeal, Appellant presented evidence showing a substantial- loss in value of the premises if the variance is not granted. However, the question of whether or not the Suffolk County Department of Health Services will approve of the water supply and septic system on the vacant lot (Lot No. 11) appears to be unresolved at the present time. In its letter to Appellant' s attor- ney dated September 23 , 1981, it stated: "As already indicated, the vacant parcel will have problems meeting our requirements for sewage and water supply. The problems will have to be resolved prior to approval to construct. " Since this Board' s original denial was primarily based upon the possibility that the vacant. lot may not meet Suffolk County Health Services ' requirements, and since such approval has not .as yet been granted, this Board is of the opinion that although the Appellant has presented "dollars and cents" evi- dence to demonstrate practical difficulties , Appellant has not produced evidence that the requirements of the Health Services can be complied with. Lot No. 11 has an area of approximately 15 ,750 square feet with approximately 90 feet road frontage; Lot No. 10 has a preexisting Squ'thold Town Board of Appeals -3- October 28, 1981 Special- Meeting (Appeal .No. 2766 - 'Rose Dansker continued) : one-family dwelling, :an area of 12,500 square feet and approximately 80 feet of road frontage. The lots to the east of the subject premises are of similar size and shape. On motion by Mr. Goehringer, . seconded by Mr... Grigonis, it was RESOLVED, that the matter of Rose Dansker, Appeal No. 2766 , for approval of insufficient area and. width of two parcels, be granted, SUBJECT .TO THE FOLLOWING CONDITIONS : 1. That the Appellant obtain approval by . the Suffolk County Health Services Department of a sewage and water supply. system for vacant lot No. 11 prior to any new construction on vacant lot No. 11; 2. That the owner of Lot #10 guarantee rights for a. water easement to .be - located not closer than five feet to the .northerly property line on the house lot (Lot #10) for use by the owner of the vacant lot (Lot #11) , and that a copy of same be supplied to our office as early,'.. .as possible; 3. That the Appellant obtain approval by the Southold Town Planning Board for ',this subdivision pursuant to its letter dated January 2, 1981; 4 . That this matter be referred to the Suffolk County Planning Commission pursuant to Sections 1323, et seq.. of the Suffolk County Charter. 5. That .the Building Inspector is hereby directed to refrain from issuing either a building permit and/or certificate of occupancy until such conditions have been complied with. Location of Property: Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Parcels No. 1000-86-2-10 & 11. Vote of the Board: Ayes : Messrs. . Douglass, Goehringer, Sawicki and Grigonis. (Mr. Doyen, Fishers Island, was absent. ) i J ' • •Southold Town Board of Appeals -4- October 28 , 1981 Special Meeting CLOSED HEARING: Appeal No. 2846 - PATRICIA A. BAILEY. A public hearing was held and closed on this matter September 17, 1981 pending receipt of an up-to-date survey giving setbacks of existing buildings from property lines and actual square footage of lots certified by a licensed engineer or -.licensed surveyor. . On motion by Mr. Grigonis., seconded by Mr. Goehringer, it was RESOLVED, that a letter be forwarded to the applicant, Mrs. Patricia A. Bailey advising her that this matter is to be placed on the agenda of the next regular meeting of this Board, to wit, November 5 , 1981 and requesting copies of the surveys by that date. Vote of the Board:. Ayes: Messrs. Douglass, - Goehringer, Sawicki and Grigonis. Absent was : Mr. Doyen, Fishers Island. On motion by Mr. Goehringer, seconded by 'Mr. Grigonis, it was RESOLVED, that the following matter be scheduled and advertised in the local and official newspapers for public hearing :to be held by this Board at the next Regular Meeting to be held November 5 , 1981, consolidating same with Appeal No. 2911, William Robison: Appeal No. 2918 - William Robison. Variance for approval of insufficient area and width of two proposed parcels, and variance for permission to construct new dwelling with an insufficient frontyard setback. Northwest corner. of Wavecrest Lane and Saltaire Way, Mattituck, NY. Vote of .the. Board: Ayes: Messrs. . Dougla.ss, Goehringer, Sawicki and Grigonis. Absent was : Mr. Doyen, Fishers Island. On motion by Mr. Goehringer, seconded by Mr. Grigonis , it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of William Robison in Appeal No. 2918 : 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, Southold Town Board of Appeals -5- October 28 , 1981 Special Meeting (William Robison - Appeal No. 2918 continued) : notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in the 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 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 Iagency which may also be involved, nor for any other project not covered by the subject appeal application. Location"-.of Property: Northwest corner- of Saltaire Way and Wavecrest Lane, Saltaire Estates, Mattituck, NY; Subdivision Lots 17 and 18 ; County Tax Map Parcels No. 1000-100-1-14 and 15. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. Absent was : Mr. Doyen, Fishers Island. Being there was no further business to come before the Board at this time, the Chairman declared the meeting closed at approximately 5 :40 o'clock p.m. Respectfully submitted, q41d a .F". Y,o'w a 1"sk and of Appeal$ Secretary rp�rl Southold Town Board of. Appeals .ECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ? DOUR/O%/0 Town Clerk, Town of Southold �o5�FF0(��oG lag Sou' thold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L,I., N.Y: 11971 TELEPHONE (5,16) 765-1809 APPEALS BOARD f MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. FERRY-TUT 6L ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki WAIVER OF NOTICE OF MEETING . OF THE SOUTHOLD TOWN BOARD OF APPEALS J WE, the undersigned , being members of th.e Board of Appeals of. the Town of Southold,, Suffolk County , New York , do hereby severally waive notice 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 Wednesday, October 28 , 1981 at 4 :45 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 : October 26 , 19.81. Southold , New York. `e— Member a J . Doy Jr. Me ber . Rober J,. Dou la ember. Gerard oehrin r M er. Jo ep H. Sawicki Chairman Char s Gri nis , Jr.