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HomeMy WebLinkAboutZBA-10/30/1982 SPEC "0 o Southold Town Board of A ea s I y • 4F PP 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 OCTOBER 30 , 1982 A Special Meeting of the Southold_ Town Board of Appeals was held on Saturday, October 30 , 1982 at 10 :30 o'clock a.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 (Fishers Island) . Also present was Victor Lessard, Executive Administrator [Building Department] . The Chairman opened the meeting at 10 :30 a.m. ADDITIONAL SET-UPS FOR NEXT REGULAR MEETING: On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED,. that the following applications be and hereby are SCHEDULED FOR PUBLIC HEARINGS to be held at the next Regular Meet- ing. of this board, to wit, NOVEMBER 18 , 1982 , and that the notice of same be published in the local and official newspapers of the town pursuant to law: 8 :15 p.m. Appeal No. 3019. A. BODENSTEIN & WIFE. To con- - struct retail store in B-1 Zone with insufficient sideyard areas and lot size of existing substandard lot. 31855 S.R. 25 , Cutchogue, NY. . 8 :20 .p.m. Appeal No. 3013. EAST END SUPPLY CO. , INC. To construct warehouse in C-Light Industrial Zone with insuffi- cient front, rear and side yards. S/s Corwin St. , Greenport. Vote of the Board: Ayes : Messrs. Goehringer, Grigonis , Doug- lass and Sawicki. . Member Doyen was absent. This resolution was unanimously adopted. Southold Town Board Appeals -2- October 1982 Special Meeting t RESERVED DECISION: Appeal No. 3044. Upon application for NICHOLAS W. IPPOLITO, by Gary Flanner Olsen, Esq. , Main Road, Mattituck, NY for a Variance to the Zoning Ordinance. Article III, Section 100-31 for permission to construct addition with reduced rearyard - setback at 235 Carol Road, Southold, NY; bounded north by Stachtiaris; west by VIP Inns; south by Haas; east by Arshamomaque Pond; County Tax Map Parcel No. 1000-52-2-7. The public hearing on this application was held on October 21 , 1982 , at which time the hearing was declared closed, pending deliberations. The board made the following findings and determination; By this appeal , appellant seeks a 12 ' by 28 ' addition to the exist- ing one-family dwelling for additional living area, . leaving an insuffi- cient rearyard setback at 28 feet at its nearest point from the rear property line. The parcel in question appears to contain an area of approximately 5, 200 square feet, with 50 ' frontage along Carole Road. The subject parcel is bul_kheaded the entire length of its waterlying .edge, and the N.Y.S. Department of Environmental Conservation has issued their "Notice" indicating no jurisdiction pursuant to Article 25 of the Environmental Conservation Law. There has been furnished for the record that there will be a total square footage of 1,008 and that the 20o minimum lot coverage requirements of the code will be complied with. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Sawicki , seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3044, application for NICHOLAS IPPOLITO for permission to construct an addition to the existing dwelling, be and hereby IS APPROVED, PROVIDED THAT ALL STRUCTURES ON . THIS PARCEL DO NOT EXCEED THE MAXIMUM-PERMITTED LOT COVERAGE REQUIREMENT OF TWENTY PERCENT. Location of Property: 235 Carol Road, Southold', NY; County Tax Map Parcel No. 1000-52-2-7. Vote of the Board : Ayes : Messrs . Goehringer , Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -3- October emu , 1982 Special Meeting RESERVED DECISION: Appeal No. 3043. Upon application for GUS KYRKOSTAS by William B. Smith as agent, Mechanic Street, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Right-of-Way off the north side of Main Road, Orient, NY; subject parcel being bounded on the north by the Sound; west by Wilsberg; south by Reese;' east by Demarest; County Tax Map Parcel No. 1000-13-2-4 . The public hearing on this application was held on October 21, 1982 , at which time the hearing was declared closed, pending reinspection and deliberations. The board made the following findings and determination: By this application, appellant . seeks approval of access over a private right-of-way at the north side of the Main Road (State Route 25) , which right-of-way is shown to have a width of 10 _ feet, extending from a point at the southeasterly corner of other premises of the applicant (Kyrkostas) , northerly a length of 1647. 31 feet to the premises in question (3. 136 acres) . After inspection and investigation, the board finds that this right-of-way is the only legal recorded access .to the premises in question. The premises in question contains an area of 3. 136 acres as shown on survey dated June 6 , 1967 by VanTuyl & Son, L.S. and is more particularly identified as County Tax Map District 1000 , Section 013 , Block 02 , Lot 004. For the record it is noted that the property to the west of this right-of-way is a pending major subdivision entitled, "Hill Crest Estates at Orient; and it is noted that along the easterly side of the subject right-of-way, there is a 25 ' -wide right-of-way owned .now or formerly by. Harrison Demarest, Sr. , ,but over which the applicant herein does not ' have a legal access. It is the consensus of the board, after inspecting the subject right-of-way, that. the right-of-way should be widened to 15 ' where possible , and that improvements are necessary for sufficient access. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants , other than. a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass , seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3043, application for Gus Kyrkostas for approval of access , be and hereby IS APPROVED SUBJECT TO THE • Southold Town Board of Appeals -4- October 30 , 1982 Special Meeting (Appeal No. 3043 - Gus Kyrkostas , continued: ) FOLLOWING CONDITIONS : 1. That this access road running along the easterly side of other premises of the applicant (Kyrkostas) a length of approximately 424 ' shall: (a) . be a -minimum width of 15 feet and shall be cleared of all trees, brush and other obstructions to a width of 15 feet [except that the stone wall existing near this right-of-way shall not be disturbed] ; and (b) be improved with .a minimum of 4" of stone blend to a width of 15 `feet. 2. That this access road running approximately 1223. 28 feet to the premises in question shall have a clear, unobstructed 10 ' width, and (a) Have topsoil removed to a depth of eight inches and then filled with eight inches (minimum) of .stone bank run [or better] ; (b) Be so improved as stated in the previous paragraph except that the existing stone wall along the easterly side shall not be disturbed. 3. Where the terrain of the land over which such access road is to traverse is such that drainage problems may occur in the future, the applicant (or subsequent owners) shall be required to construct such drainage facilities as may be recommended by the town (road engineer) . 4. All work required as hereinbefore set forth shall be performed under the supervision of the town (road) engineer, and no certificates of occupancy for vacant land or structures shall be issued until these requirements have been complied with. 5. That this approval of access is subject to a deed in recordable form giving right of access over the width stipulated above to the premises in question. 6 . That the Board of Appeals may, in passing upon any appeal for approval of access , make any reasonable exception as in its judgment it deems appropriate under the circumstances. 7. That in the event this right-of-way is to service more than one residence, then this entire right-of-way must be brought up to the specifications adopted by this board on March 22 , 1979. Location of Subject Parcel : 1647 . 31 feet north of Main Road, Orient, NY; more particularly known as County Tax Map .Parcel No. ' Southold Town Board of Appeals -5- October ju , 1982 Special Meeting (Appeal No. 3043 - Gus Kyrkostas , continued: ) 1000-013-02-004 . Vote of the Board: . Ayes : Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was unanimously adopted. ADDITIONAL SET-UP FOR 11/18/82 : On motion by Mr. Douglass , seconded by Mr.. Sawicki, it was RESOLVED, that Appeal No. 305.4 , application for LEANDER B. GLOVER, .JR. by Richard F. Lark, Esq. be and hereby is SCHEDULED FOR PUBLIC HEARING. TO . BE HELD on NOVEMBER 18, 1982 at 8 :10 p.m. Vote of the Board: Ayes : Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. Member Doyen was absent. This resolution was unanimously adopted. APPEAL NO. 3001. HAROLD E. ,WALTERS. Members Sawicki and Grigonis reported that they had no objection to the minor change of the fencing on the Harold Walters ' property. However, it was a concern of all the board members that all the junk (including unlicensed vehicles) will be placed within the fenced area. CORRESPONDENCE RE: CORNER LOT FRONTYARD SETBACK INTERPRETATIONS. The board members reviewed and discussed Mr. Lessard' s letter suggesting a manner in which to interpret corner lot frontyard set- backs which would be of better interest. to the community, and which the building department, therefore, feels the adoption is necessary. The board asked for additional time -to consider this request inasmuch as the letter was received by the office 10/25/82 and did not reach the board members to give a reasonable time for review. PENDING APPEAL NO. 3031. THOMAS OCCHIOGROSSO. . (Pending DEC approval) . The applicant sent the board a 'letter apologizing for the mix-up concerning their application to the DEC for this amended location of the proposed dwelling and informed us that Amended DEC application review is now being processed, and that a written reply from the DEC should be forthcoming within a few days. Southold Town Board of ppeals -6- October 30 .982 Special- Meeting PENDING APPEAL NO. 2930., SAL CAIOLA. It was brought to the board' s attention that the period for receiving comments on the Draft Environmental Impact Statement will officially- end ll/l/82 , and that it was the suggestion of the Town Attorney that. a few days grace be allowed for responses by mail which have not yet been received, if any. The board will review this ..matter at the next meeting of..the -board. ENVIRONMENTAL DECLARATIONS : On motion by Mr.. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to declare the following Negative Environmental Declarations pursuant to the N.Y. S. Environmental Quality Review Act (SEQRA) : a APPEAL NO. : 3054 PROJECT NAME: LEANDER B. GLOVER, JR. This notice is issued pursuant to Part 617 (and Local Law 7#44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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: Set-off of parcel with insufficient area and road frontage. LOCr,TION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as : Cox' s Lane, Cutchogue, NY. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short ,Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. Southold Town Board Appeals -7- October 1982 Special Meeting APPEAL NO. : 3019 PROJECT NAME: A. BODENSTEIN & WIFE This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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: Construct retail store in B-1 Zone with insufficient sideyard areas and lot size of existing substandard lot. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 31855 S.R. 25, Cutchogue, NY. REASON.(.S.) .SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. APPEAL NO. : 3013. PROJECT NAME: EAST END SUPPPLY CO. This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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: Construct warehouse in C-Light Industrial Zone with insufficient front, rear and side yard setbacks. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: South side of Corwin Street, Greenport, NY. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. : . Southold Town Board of Eippeals _'g_ October 30 , -L982 Special Meeting Being there was no other business properly coming before the board at this time, the Chairman declared the meeting adjourned. Site inspections followed. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals RECEIVED AND FILED BY 001MOR AP Appeals THE SOUTHOLD TOWN CLERK DATE 7/9,Z HOUR 14 Z7�mil, .r1 ow�nC rk, _Town of�Sold F oil( s 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 JOSEPH H. SAWICKI TO: Southold Town Clerk FROM: Southold Town Board of Appeals DATE: October 26., 1982 SUBJECT: Appeal No. 2684 - North Fork Motel, Inc. Please place this letter in the record for Appeal No. 2684 - North Fork Motel, Inc. which confirms that the following action was taken at a Regular Meeting of the Board of Appeals held on March 12, 1981: RESOLVED, that Appeal No. 2684 , application of North Fork Motel, Inc. ., be and hereby is withdrawn. Vote of the Board: Ayes: Messrs. Grigonis, Douglass , Goehringer and Sawicki. (Member Doyen, Fishers Island, was absent. ) AND FILED BY ri Z," SOU TA.IOLD TOWN CLERK D TE to/�ft� TOUR Town Clerk, Town of So old