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HomeMy WebLinkAboutZBA-03/09/1989 o��FFou��o O� Gy Southold' Town Board of A eals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. MINUTES JOSEPH H. SAWICKI JAMES DINIZIO, JR. REGULAR MEETING THURSDAY, MARCH 9, 1989 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, MARCH 9, 1989 commencing at 7:30 o'clock p.m. at the Southold Town Hall (Assembly Room) , Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Serge Doyen, Jr. ; Charles Grigonis, Jr. ; Joseph H. Sawicki; and James Dinizio, Jr. , -constituting all five Members of the Board. Also present were: Linda Kowalski, Board Assistant/Secretary. Present in the audience was a varying number of persons, between 12 and 65 persons. Included were representatives from the Building Department (Principal Building Inspector Victor Lessard, Senior Building Inspector Curtis Horton, and Building Inspector Thomas Fisher) . The Chairman opened the meeting at 7:30 p.m. and proceeding with the public hearings, as follow (see verbatim transcripts of hearing prepared under separate cover by Linda Kowalski and attached for reference) : 7: 30 p.m. Appl. No. 38267 GLADYS W. HOWELL. Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure, in this Residential-Office Zone District. 51470 Main Road, Southold, NY; 1000-70-2-2. Following testimony, motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, to declare the hearing concluded, pending deliberations and decision at a later meeting. s Southold Town Board of Appeals -2.- March 9, 1989 Regular Meeting (Hearings, continued: ) 7:38 p.m. Appl. No. 3825 - SUSAN A. FORBES. Variance for approval of open deck addition with an insufficient front yard setback. Lot area of premises is nonconforming at approx. 11,300 sq. ft. in this R-80 Zone District. Location: 1075 Narrow River Road, Orient; 1000-27-3-6.2. Following testimony, motion was made by Mr. Goehringer., seconded by Mr. Sawicki, and duly carried, to conclude the hearing, pending deliberations and action at a later time. 7 : 42 p.m. Appl. No. 3813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit-Sharing Trust. Variances to the Zoning Ordinance, Art. III, Section 100-32C and- Column iii of the Bulk Schedule for permission to: (a) reduce side yards to less than the required 20 and 25 feet; and (b) reduced the total sideyards at less than the required 45 feet total, on this 2+ acre vacant parcel. Zone: R-80. Location: Private Road #11, Aldrich Lane Extension, extending off the N/s of Sound Avenue, Mattituck, NY; 1000-112-1-12. Planning Board approved set-off division March 4, 1985. The hearing open and was recessed, as requested by the applicant, until next month' s hearing calendar (see further postponement by applicant - hearing was agreed for June 15, 1989 as a final date with no further postponement) . 7 : 45 p.m. Appl. No. 3828 - ROSEMARY SULLIVAN. Variances for permission to construct 10' by 14' addition (replacing existing deck) with an insufficient rearyard setback and in excess of the maximum 200 lot coverage requirement. Zone. District: R-40. Location of Property: 5365 Peconic Bay Boulevard, Laurel; 1000-128-1-11. Testimony was recorded and the following action was taken immediately at the end of the subject hearing: (Continued on Pages 3 , 4 and 5) y t Southold Town Board of Appeals -3- March 9 , 19-89 Regular Meeting DELIBERATIONS/DECISION : ACTION OF THE BOARD OF APPEALS Appeal No. 3828 Upon application of ROSEMARY SULLIVAN for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct- 10 ft. by 14 ft. addition (replacing existing deck) with an insufficient rearyard setback and in excess of the maximum 200 lot coverage requirement. Zone District: R-40. Location of Property: 5365 Peconic Bay Boulevard, Laurel, NY; County Tax' Map District 1000, Section 128, Block 1, Lot 11. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application. of ROSEMARY SULLVAN under Appeal No. 3828; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: Southold Town Board of Appeals -4- March 9, 1989 Regular Meeting (SULLIVAN decision, continued: ) 1. By this application, appellants request a Variance under Article III, Section 100-32 for permission to construct a 10 ft. by 14 ft. screened-in porch addition, with a setback of not less than 25 feet to the rear property line and as more particularly shown by sketched copy of a survey dated June 1, 1959 of Alden W. Young, L.S. 2. The premises in question is an .163-acre parcel of land situated along the north(westerly) side of Peconic Bay Boulevard in the Hamlet of Mattituck, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 128, Block 1, Lot 11. 3. The subject parcel is improved with a single-family, one-story frame house, which is presently set back at approximately 35 feet from the front property line. . 4. Article III, Section 100-32 of the Zoning Code requires a minimum rearyard setback for parcels located in the R-40 Zone District at 50 feet. Section 100-244 of the Zoning Code allows a reduction of the rearyard setback for lots containing less than 20,000 sq. ft. in area to a minimum of 35 feet. (The previous zone district in January 1989 for this parcel was "All Residential and Agricultural, which required a minimum rearyard setback at 35 feet per Section 100-31 and Bulk Schedule, Column VIA.11 ) 5. For the record, it is noted that the parcel in question has a depth of 95 feet, lot width of 75 feet, and total lot area of approximately 7100 sq. ft. The premises is improved with a single-family, one-story frame house of approximately 24 ft. by 35 feet, exclusive of existing carport. 6. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; C Southold Town Board of Appeals -5-March 9, 1989 Regular Meeting (SULLIVAN decision, continued: ) (e) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (f) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3828 in the Matter of ROSEMARY SULLIVAN for permission to construct 10 ft. by 14 ft. (screened-in) porch addition with a rearyard setback at not less than 25 feet, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki, and. Dinizio. This resolution was duly adopted. PUBLIC HEARINGS, continued (also, see verbatim transcripts of hearing prepared under separate cover and attached for reference) : 7: 50 p.m. Appl. No. 3823. - THOMAS THOMPSON. Variance for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of existing dwelling. Zone: AC. Location: 2890 Bridge Lane, Cutchogue; Lot #10 of Ismar Acres approved 3/13/73; 1000-85-2-22. Testimony was recorded and the following action was taken: (Continued on next three pages) 1 Southold Town Board of Appeals -6- March 9 , 1989 Regular Meeting DELIBERATIONS/DECISION : ACTION OF THE BOARD OF APPEALS Appeal No. 3823 : Application of THOMAS THOMPSON for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule for approval of existing swimming pool with deck areas which will have an insufficient rear yard setback when attached by a raised deck to the rear of the existing dwelling. Zone District: Agricultural-Conservation (A-C) . Location of Property: 2980 Bridge Lane, Cutehogue, NY; Lot #10 on Map of Ismar Acres (Approved March 13, 1973) ; County Tax Map District 1000, Section 85, Block 2, Lot 22. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of THOMAS THOMPSON under Appeal No. 3823; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Bridge Lane, in the Hamlet of Peconic, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 85, Block 2, Lot 22. 2. The subject premises is a described parcel of land containing a total area of 41,585 sq. ft. , lot frontage of 135.0 feet, and lot depth of 326+- feet, and is improved with a single-family, two-story frame house and accessory inground swimmingpool with decks and fence enclosure, all as sketched on survey dated February 3, 1984 (of Roderick VanTuyl, P.C. ) . Southold Town Board of Appeals -7- March 9, 1989 Regular Meeting (Appeal No. 3823 - THOMPSON decision, continued: ) 3. By this application, appellants request a variance from Article III, Section 100-32, and Bulk Schedule of the Zoning Code, for approval of the construction of raised deck between the existing pool .decks and dwelling, thereby changing the status of the entire pool construction from accessory to part of the principal structure. 4. Article III, Section 100-32(B) {.1,2 & 4) , and Column ii of the Bulk Schedule, of the Zoning Code requires a minimum rearyard setback at 50 feet. The dwelling without decks is shown to be set back at 96+- feet from the rear property line (see original survey, without pool and deck construction, prepared by Roderick VanTuyl, P.C. ) . 5. By Building Permit No. 16534Z, approval .was granted by the Building Department authorizing construction of accessory . pool construction in the rear yard area with a setback at 50+- feet, exclusive of fence enclosure and decks. It does not appear that any reference was made as to proposed decks or step areas from the dwelling to the .pool, although this type of construction is very common within the Town of Southold. 6. The amount of relief requested by this application is 15 feet from the current zoning code, effectuated on or about January 22, 1989, Section 100-32B (1,2 and/or 4) . The zoning requirement prior to January 22, 1989, required a minimum rear yard setback for a principal structure at not less than 50 feet under Column A-40 of the Bulk Schedule, and Section 100-31. 7. In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the variance requested is uniquely related to the property and will not alter the essential character of the neighborhood; (c) the variance requested is the minimal necessary to afford relief and is not substantial; (d) the variance will not in turn be adverse to the safety, health,_ welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the Southold Town Board of Appeals -8- March_ 9, 1989 Regular Meeting (Appeal No. 3823 - THOMPSON decision, continued: ) interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer and Mr. Sawicki, it was RESOLVED, to GRANT the relief requested for construction of deck between the rear of existing dwelling structure and the existing swinimingpool construction, as shown on the sketch submitted for consideration under Appeal No. 3823 in the Matter of the Application of THOMAS THOMPSON. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki, and Dinizio. This resolution was duly adopted. C t , Southold Town Board of Appeals -'9- March 9, 1989 Regular Meeting PUBLIC HEARINGS, continued: 7 : 55 p.m. Appl. No. 3830 -. CHARLES BELL. Variances for permission to construct addition at rear of dwelling with an insufficient rear yard setback. Zone: R-40. Location: 1330 Donna Drive, Mattituck; Lot #32 Deep Hole Creek Estates; 1000-115-15-15. Following testimony, motion was made by Mr. Goehringer, seconded by Mr. Sawicki, ,and duly carried, to conclude the hearing (pending deliberations and decision at a later meeting) ,. Motion was made at this time by Mr. Goehringer, seconded by Mr. Sawicki, and duly carried, to recess for approximately three minutes. RECONVENED MEETING: The meeting reconvened at 8: 08 p.m. Motion was made by Mr. Goehringer, seconded by Mr. Sawicki, and duly carried, to reconvene at this time. 8:08 p.m. Appl. No. 3814 - RYCK KOKE. Variance for accessory pool with fence enclosure in the sideyard area. Zone: R-40. Location: 245 Kimberly Lane, Southold; Paradise By the Bay Subdivision Lot No. 2. (Rehearing by unanimous vote of the Members present in order to allow further questionning and/or. entry of additional facts, evidence and testimony, and amendments as may be required under the newly adopted Master Plan provisions to effectuate the same. (The hearing was, previously concluded on 1/12/89. ) Following receipt of testimony, motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, to conclude- the verbatim portion of the hearing and extend the written portion (for submission within the next two weeks of written material as discussed during the hear.ing} : 8: 50 p.m. Appl. No. 3824 - NICK AND KATIE NICKOLAUS. Variance to locate accessory building in an area other than the required rearyard. Zone: R-80. Location: 17555 Soundview Avenue, Southold; 1000-51-1-2. Following testimony, motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, to conclude the hearing (pending deliberations) . 8: 54 p.m. Appl. No. 3811 - RICHARD AND JANET SCHLUMPF. Variances: (a) to the Zoning Ordinance for permission to construct principal building with an insufficient front yard setback; (b) for approval of access under New York Town Law, Southold Town Board of Appeals -za March 9, 1989 Regular Meeting PUBLIC HEARINGS, continued: Section 280-a over private ROW referred to as Silkworth Road. extending from the east side of Westphalia Avenue (Road) , Mattituck. Zone: R-40. Location: Lot #1, Map of Point Pleasant; 1000-113-9-12. Following testimony, motion was made by Mr. Goehringer, seconded by Mr. Sawicki, and duly carried to to conclude the hearing (pending deliberations) . 9:02 p.m. Appl. No. 3785 - RAYMOND F. NINE, PAMELA NINE and CHARLES ZAHRA. Special Exception to establish "Bed and Breakfast Use," 'an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms, ' in conjunction with owner-occupancy as a single-family dwelling use. Location: N/s New Suffolk Avenue, Mattituck; 1000-114-11-20. Zone: R-40. (See verbatim transcript of hearing for statements and particulars. ) TEMPORARY RECESS: Motion was made by Mr.. Goehringer, seconded by Mr. Sawicki, and duly carried, to take a short recess. RECONVENED MEETING: On motion by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, to reconvene. The meeting was reconvened at 9:35 p.m. 9:35 p.m. CONTINUED HEARING: Appl. No. 3785 - RAYMOND F. NINE, PAMELA NINE and CHARLES ZAHRA. Special Exception to establish "Bed and Breakfast Use." Following testimony, motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, to recess the hearing until the last hearing of the evening, for continued discussions. 9:43 p.m. Appl. No. 3829 - BROWERS WOODS ASSOCIATION and BARBARA REITER for a Reversal of a Determination by Building Inspector to Grant Building Permit No. 17508Z dated October 6, 1988 concerning a proposed "steel building for indoor storage of boats" to be located at premises referred to as "MATT-A-MAR," now or formerly owned by Wickham Road Marina, Inc. Zone District: Marine II. (Previous Zone District: B-Light Business. ) Application was filed citing the prior- Zoning Code, Art. VI, Sections 100-60 and 100-61, and Art. XIV. New Zoning Code citations refer to Sections 100-121 and 100-122, and Article XXVII for the same or similar provisions for this M-II Zone District. Property Location: W/s Wickham Ave, Mattituck; Southold Town Board of Appeals -11- March 9, 1989 Regular Meeting (Appl. No. 3829 - BROWERS WOODS ASSN. hearing, continued: ) 1000-114-3-1. Following testimony, motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, to take a short recess at this time ( 10:58 p.m. ) . The meeting was recessed between 10:58 and 11: 07 p.m. Motion was made by Mr. Goehringer, seconded by Mr. Sawicki, and duly carried, to reconvene the hearing under Appl. No. 3829 at this time. The hearing reconvened at 11:07 p.m. (See verbatim transcript of hearing for discussions prepared under separate cover and attached for reference. ) 11:10 p.m. - RECONVENED HEARING: Appl. No. 37855E - RAYMOND NINE, CHARLES ZAHRA and PAMELA NINE. Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and- duly carried, to reconvene this hearing at this time. (See verbatim transcript of hearing prepared under separate cover and attached for reference. ) Following testimony, a motion was made by Mr. Goehringer, seconded by Mr. Grigonis, to recess the hearing until the next Regular Meeting of Thursday, April 13, 1989. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Doyen. Nayes: Messrs. Sawicki and Dinizio. Following the adoption of this resolution, the Secretary mentioned that the meeting hall has been reserved for a Special Meeting of the Board of Appeals for Thursday, March 16, 1989, and that the hearing would be able to be resumed at that time, without readvertising as long as it is recessed with a specific date. A final resolution was then made, moved by Mr. Goehringer, seconded by Mr. Grigonis (and Mr. Sawicki) , and unanimously carried, to recess the hearing until next Thursday, March 16, 1989, and to .resc.ind the previous resolution which scheduled a date of April 13, 1989. The applicant and the adjoining property owner were told that a. written confirmation would be sent within the next day or two. Southold Town Board of Appeals -12-March 9, 1989 Regular Meeting (UPDATED LIST OF PENDING APPLICATIONS, continued: ) Appl. No. 3549 - J. KAELIN AND B. GIBBS. Variances for insufficient area, width and depth. N/s Main Road, Orient. Await P.B. appl. , etc. and Co. Health action or waiver. 1000-18-2-29.1 Appl. No. 3367 - LOIS AND 'PATRICIA LESNIKOWSKI. Variance for two parcels with insufficient area and width. S/s North Drive, Mattituck. Await DEC and preexisting CO. 106-6-26, 27 Appl. No. 3403 - ANNA LORIA. Variance of two parcels with insufficient area, width and depth in this pending subdivision. W/s- First Street and N/s King Street, New Suffolk., Await Co. Health Article VI action. Appl. No. 36005E - THOMAS LUCAS and G. & A. BELIS. Construct motels at 69700 Main Road, Greenport. Await Planning Board and additional information. 45-5-2. Appl. No. 3667 - JOHN MULHOLLAND. Addition to dwelling within 75 feet of wetlands. 725 Island View Lane, Greenport. Await DEC input. 57-2-24. Appl. No. 3558 - NICK AND ANNA PALEOS. Variance as to insufficient area, width and depth of three lots. S/s CR 48, Peconic. Await Article 6 and Planning Board input. 52-2- . Appl. No. 3770 - PORT OF EGYPT ENTERPRISES. Variance to construct storage building. Awaiting SEQRA coordination. S/s Main Road, Southold. Now Zoned MII. Appl. No. _3442 - PHILIP R. REINHARDT. Variance for area and width reduction of two proposed parcels. Hold for Planning Board and Article VI. 70-6-19 Appl. No. - THOMAS SAMUELS. Subdivision and retailing wall. 111-1-40. Incomplete application. Appl. No. 3614 - ROBERT AND ETHEL -SCHROEDER. Interpretation request. Await further direction from applicant' s attorney. S/s Main Road, East Marion. 35-5-4. Appl. No. 3545 - PATRICK STIGLIANI. Area variances in proposed subdivision. Await Co. Health Art. VI. Main Bayview Road, Southold. 78-7-43 . Southold Town Board of Appeals -larch 9, 1989 Regular Meeting UPDATED LIST OF PENDING APPLICATIONS: Appl. No. 3746 - JOSEPH HARDY. Variance for plumbing storage building. S/s Main Road, Mattituck. Await direction from applicant' s attorney under new zoning code. 1000-114-11-05. Appl. No. 3747 - JOSEPH HARDY. Special Exception for plumbing use(s) in proposed building. S/s Main Road, Mattituck. Await direction from applicant' s attorney under new zoning code. 1000-114-11-05. Appl. No. 3685 - LESTER AND HOPE ALBERTSON. Set-off of lot. Await maps and ROW easement per P.B. letter. 1000-63-3-10. Appl. No. 3259 - NICHOLAS ALIANO. Special Exception to building four, two-story motel buildings and office building. S/s Main Road. Greenport. Await reply to letter. 1000-46-1-2.1. Appl. No. 3752 - VARUJAN ARSLANYAN. Variance for pool in sideyard. C.R. 48, Greenport. Await reply from attorney. 1000-52-1-8. Appl. No. 3449 - FRANK AND ETHEL BEGORA. Set-off of land. ROW off N/s Main Road, East Marion. Awaiting Co. Health and P.B. input. 1000-31-4-19. E Appl. No. 3274 - BEST, SCHMITT, SYVERSON. Subdivision of property proposal during 80,000 sq. ft. re now zoned R-40. Update will be needed by .BuildingtInspectorty when applicant decides to proceed.. I (Information previously requested. ) 1000-123-6-17. Appl. No. 3356 - PAUL AND MARIETTA CANALIZO. Frontyard setback and wetland setback. Meadow Lane, Mattituck. Await DEC, Trustees and reply. 115-5-8. Appl. No. 3183 - MARY N. CODE. Merger of lots at Goose Neck Estates, Southold. Await DEC and Planning Board applications to be filed for coordination/action. 1000-76-2-4. Appl. No. 3537 - ROBERT AND SUSAN D'URSO. Dwelling with insufficient frontyard and wetlands setback. Await input from DEC, Trustees. 89-2-8. Appl. No. 3589 - MARY J. GETOFF. Variance for insufficient area, width and depth. Waterview Drive, Southold. Await Planning Board input. 78-7-20. Appl. No. 3690 - SOPHIA AND RICHARD GREENFIELD. Construction within 100 feet of bluff at Cabots Woods, Peconic. Request by applicant to temporarily place on hold until further direction. 73-4-2.2 Southold Town Board of Appeals-14= March 9, 1989 Regular Meeting . (UPDATED LIST OF PENDING APPLICATIONS, continued: ) Appl. No. 3788 - SUN REFINING & MARKETING. Variance to convert repair and gas service station into gas and convenience storage facility. Main Road and Factory Avenue, Mattituck. Await P.B. input and SEQRA coordination. 142-1-27. Appl. No. 378'9 - SUN REFINING & MARKETING. Special Exception. (Same as above) Appl. No. 3627 - LILLIAN VISHNO. Variance as to insufficient area, width and depth for three proposed lots. 810 Corwin Street, Greenport. Await Co. Health and P.B. applications/reviews/coordination. 48-1-47.1. Appl. No. 3445 - JULIUS ZEBROSKI. Variance for approval of insufficient area and width of two proposed lots. E/s Waterview Drive and N/s Bayview Road, Southold. Await title search and Planning Board input. 78-7-32.7 . Appl. No. 3426 - GERALD DOROSKI. Variance for approval of access. N/s C.R. 48, Peconic. Await maps from applicant showing traveled and- legal portions of ROW. ENVIRONMENTAL DECLARATIONS: , On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to declare the following Environmental Declarations 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 444-4 of the Town of Southold: Appl. No. 3839 - Rev. Charles Bell Appl. No. 3813 - Sheldon Hills as Trustee Appl. No. 3826 - Gladys W. Howell Appl. No. 3825 - Susan A. Forbes. Appl. No. 3824 - Nick and Katie Nicholaus Appl. No. 3811 .- Richard and Janet Schlumpf Appl. No. 3828 - Rosemary Sullivan Appl. No. 3823 - Thomas Thompson (continued on following pages) Sbuthold Town Board of Appeals -25- Mar. 9 , 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. , NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3839 PROJECT NAME: REV. CHARLES BELL 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: AX] Type II [ ] Unlisted [ ] DESCRIPTION OF: ACTION: Construct additon ,-at rear of existing dwelling with an insufficient rearyard setback. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 1330 Donna Drive, Mattituck, NY 1000-115-15-15 REASON (S) 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 relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA Southold Town Board of Appeals ': 16 March 9, 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si nificance APPEAL NO. : 3823 PROJECT NAME: THOMAS THOMPSON 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 [ L DESCRIPTION OF ACTION: Approval of existing swimming pool with deck areas which will have an insufficient rearyard- setback 'which attached by a raised deck to the rear of the existing dwelling - LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 2890 Bridge Lane, Cutchogue, .SY 1000-85-2-22 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 relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA Southold Town Board of Appeals -17- March 9, 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-significance APPEAL NO. : 3813 PROJECT NAME: SHELDON HILLS as TRUSTEE?-, FOR BARTERAMA CORP. 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 [ L DESCRIPTION OF ACTION: Permission to reduce side yards ..to less than required 20 and 25 feet, and less 'than the total 45 feet for both •sideyards LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Private Road #ll,.. extending of N/s Sound Avenue, Mattituck,.. NY 1000-112-1-12 .REASON (S) 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 relief requested is a setback variance as regulated by Section 617 . 13, E NYCRR, SEQRA 'Southold Town Board of Appeals - 18- Mar. 9 , 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3826 PROJECT NAME: GLADYS W. HOWELL 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: [:':] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Approval of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 51470 Main Road, Southold, NY 1000-70-2-2 REASON (S) 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) This is an application concerning use of premises and is not:" ' directly related to new construction. '`Southold Town Board of Appeals _19- March 9 , 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si nificance APPEAL NO. : 3825 PROJECT NAME: Susan A. Forbes --- 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: Approval of open deck addition with an insufficient front yard setback LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more Particularly known as: 1075 Narrow River .Road, Orient; NY 1000-27-3-6 .2 REASON (S) 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 relief requested is a setback variance as regulated by Section 617 . 13, 6 NYCRR, SEQRA For further information please contact: Linda Kowalski, Secretary Southold Town Board of Appeals , Town Hall, Southold, NY 11971; tel. 516-765-1809 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me . Sbuthold Town Board of Appeals -20- Mar. 9, 19.89 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si nificance APPEAL NO. : 3824 PROJECT NAME: NICK AND KATIE NICKOLAUS 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: Locate accessory building in an .area other than the required rear yard LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 17555 Soundview Ave. , Southold, NY 1000-51-1-2 REASON (S) . 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 relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA e 'Sbuthold Town Board of Appeals -21- March 9, .1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3811 PROJECT NAME: RICHARD AND JANET SCHLUMPF 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: (a) .cons•truct principal building. with an insufficient front yard setback, and (b) Section 280-a -for approval of. access LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Silkworth .Road extending from tie east side of Westphalia Ave. , Mattituck, NY , .REASON (S) 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 relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA (3) This is an application cerning use over an existing traveled right-of-way and for requirements satisfactory for emergency access Southold Town Board of Appeals -22- March 9 , 1989 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si nificancd APPEAL NO. : 3828 PROJECT NAME: ROSEMARY SULLIVAN --- 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 [ L DESCRIPTION OF ACTION: Construct 10 ' by 14 '. addition (replacing existing deck) with an insufficient rearyard setback and in excess . of .. the maximum 20% lot coverage requirement. LOCATION OF PROJECT: Town of Southold, County of Suffolk more particularly known as: 5365 Peconic Bay Blvd. , Laurel, NY ' 1000-128-1-11 - REASON (S) 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 relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR, SEQRA W v Southold Town Board of Appeals-23- March 9, 1989 Regular Meeting (ENVIRONMENTAL DECLARATIONS, continued: ) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Dinizio. This resolution was duly adopted. APPLICATION QUESTIONNAIRE: The Board Members unanimously approved the questionnaire to be inserted into the applications packages for Bed and Breakfast or Accessory Apartment projects, which makes inquiries as to the interests of the parties involved or occupying the premises, pending contracts of sale, leases, or other information concerning the property, property owners, applicants, and occupants. 11:50 p.m. Considering the lateness of the meeting, the remaining portions of tonight' s agenda were carried over to next Thursday' s meeting. The Chairman declared the meeting adjourned at 11: 50 o'clock p.m. Respectfully submitted, Xa F. KowaVli�, Secretary Southold Town Board of Appeals pproved - M , 1989 RECEIVED AND FILED BY THE SOUTHOLD TOWN CL!ilza DATE �0 I l �� HOUR)0 : )cl 14, Town Clerk, Toivr- of oo;_j :cl*1