HomeMy WebLinkAboutZBA-08/26/1982 SPEC F oil(
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. M I N U T E S
SERGE DOYEN, JR. - - -' - - -
ROBERT J. DOUGLASS SPECIAL MEETING
JOSEPH H. SAWICKI
AUGUST 26 ), 1982
A Special Meeting of the Southold Town Board of Appeals was held
on Thursday, August 26 , 1982 at 7:00 .o:.clock p.m. at the Southold
Town Hall, Office of the Board of Appeals, Main Road, Southold, New
York.
Present were: Gerard P. Goehringer, Chairman; Charles Grig-
onis , Jr. ; Robert J. Douglass. and Joseph H. Sawicki. Absent was:
Member Serge J. Doyen (Fishers Island) .. Also present was Mr. Victor
Lessard, Executive Administrator (Building Department) .
APPROVAL OF MINUTES: On- motion by Mr.. Grigonis, seconded by Mr.
Sawicki, it was
RESOLVED; to approve the minutes of the Special Meeting held
August 6 , 1982 and the minutes of the Regular Meeting held August 17,
1982.
Vote of the Board: Ayes: Messrs- Goehringer, Grigonis, Douglass
and Sawicki. (Member Doyen, Fishers Island, was absent. ) This resolution
was unanimously adopted.
REICH BROTHERS AUTOMOTIVE SERVICE, INC. , APPEAL NO. 2856.
(Hearing was held and closed on 7/29/82) .
Mr. Lessard gave the board. members an update on the status of the
matter of Reich Brothers Automotive Service, Rocky Point Road, East
Marion and stated that the applicants are aware that they appear to be
in violation of the board' s prior decision concerning this use and
premises . The board did not render a decision as yet.
Southold Town Board' oz Appeals. -2- august 26 , 1982 Special Mtg.
RESERVED' DECISION: Appeal ,No.. 3017,
Upon application of FLORENCE,- JOHNNIDIS,' 800 Sound Beach Drive, Matti-
tuck, NY for a Variance to the . Zoning Ordinance., Article III, Section 100
32, and Article 'XIV, Section 100-141, for approval of the construction of
an accessory building in the frontyard area at 800 Sound Beach Drive,
Mattituck, NY; bounded north by L. I.' Sound; west by - Kousouros; south, by
Sound Beach Drive; east by White'; County' Tax Map Parcel .No. 1000-99-1-009.
The, public' hearing on this matter was held on August 17, 1982, at
which time the hearing. was ,closed pending receipt of. the exact distance
from the accessory building to Sound Beach Drive, and pending .delibera
tions. The board reviewed the figures submitted and adopted the following:
By this appeal, appellant seeks approval of the construction of a
10 ' by 12 ' accessory building situated in. the frontyard area approximately
65 feet ,from Sound Beach Drive. ' .The° intended use of this accessory .
structure is for storage purposes
The premises in question contains an'' ar:ea: of approximately 14 ,250
square feet with approximately: 78 ' frontage along Sound Beach-Drive.
The parcel, in question does have frontage along the Long Island Sound
and has a 'rearyard setback of approximately. 50 feet and this area has
a "history of .erosion'. The ,board agrees with the reasoning of appellant
under the circumstances.
In. considering' this appeal, .the .board determines that the variance
request is not substantial; that the circumstances herein are unique and
practical difficulties have been' shown; .that by allowing the variance no
substantial detriment to adjoining properties would be created; that the
difficulty cannot be obviated by. a method, feasible to appellant, 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. Goehringer, seconded by" Mr. Sawicki, it 'was
RESOLVED, that Appeal No-. 3017 , application of. F.LORENCE JOHNNIDIS
for approval of the construction of a .10 ' by 121 - accessory 'storage
building, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS :
(1) That this accessory building shall not be increased in size
[without the express prior written approval of this board,] ; and - .
.(2.) That this accessory building may never be . used for sleeping
or living quarters and must be used only for - storage, purposes.
" Location of Property: 800 Sound Beach Drive, Mattituck, NY;
'County Tax Map Parcel No. 1000-99-01-009.
Vote ' of the Board : Ayes;: Messrs.' Goehringer, Grigonis , Douglass
and . Sawicki. (Member Doyen, Fishers Island, was absent. )
' 1
Southold Town Board "of. Appeals =3- August 26, 1982 Special Mtg.
NEW APPEAL NO. 3025. Application of CHARLES' P. ZIEGLER .by Gary
Flanner Olsen, Esq.for approval of access and for variances to the
zoning ordinance.: (a) .. Article II, Section 100-23 (C) and Article III,
Sections ' 100-30 and 100-31 for permission to locate buildings with
insufficient setbacks' as exist.-On the premises due to the proposed
location of the subdivision lines and (b) for permission to retain
garage use of building on Lot No. 2. Location of' Proper.ty: Home Pike
Road, Mattituck, NY; "Point Pleasant Subdivision" Map No. 270;
County Tax Map Parcel No. 1000-114-1-5.
The board members reviewed .the above recently-filed application,
and it was noted that approval from .the N.Y..S. Department of .Environ-
mental Conservation had nbt yet`beem:received _per information in the
record. The Chairman explained the extenuating circumstances in this
situation, and the applicant.' s attorney" has . asked" the board to
reconsider holding this matter- in- abeyance.. The board agreed to
schedule same for the board' s 'next` regular meeting of September 9th;
however the secretary was asked to telephone the office o.f. the D.E.C.
in Stony. Brook explaining. the, situation, . "and that a follow-up letter
be sent to "the D.E.C. asking their comments" and position in this
matter.
ARTHUR M. SCHWARTZ, M.D. APPEAL. NO. 2959. (Decision was rendered
conditionally, approving this application for approval of access on
April 14 , 1982. ) Mr. Lessard inquired as to a clarification of the
"length" of improvements over this right-of-way, and said that a '
letter-would be forthcoming from the Building Department concerning:
same. (Location of R-O-W: Off. Westphalia Road, Mattituck, "NY. )
SET-UPS FOR SEPTEMBER 9, 1982"" PUBLIC HEARINGS :
On motion by Mr. Douglass, seconded by, Mr. Sawicki, it was
RESOLVED, that the following matters recently-filed be and
hereby ARE SCHEDULED for -public hearings. to .be held at the Town Hall,
Main Road, Southold, NY at a Regular Meeting of this board of Thurs-
day, September 9, 1982 ,commencing at' 7 :30 p.m. :
7 :30 p.m. William Keinath. Appeal No. 3023
7 :35 p.m: James Manos. . ' Appeal No. 3026
7 :40 p.m. Ann O' Sullivan. App' eal .No. 3028
7 : 45 p.m. Charles P. Ziegler. Appeal No. '3025
7 :50 p.m. Pasquale Romanelli. Appeal No. .3024. -
Vote of the ,Board: Ayes: Messrs. Goehringer, Grigonis, Douglass
and Sawicki. (Member Doyen, Fishers Island, .:was- abs"ent. ) This resolu-
tion was unanimously adopted.. . ..
Southold Town Board Appeals -4- Au, ;t--.26., 1982 Special mtg:l
APPEAL NO. 2168. HORACE AND RUTH TERRY. DECISION RENDERED 8/12/76
GRANTING CONDITION APPROVAL for access and insufficient area and width.
Location of Property: Private right-of-way off the north side of Main
Road, Orient, NY.
Mr. Lessard asked about the location of the subject right-of-way
as approved on 8/12/76 . It was suggested that a copy of the current
(or prior) deeds for these premises by obtained in order to determine
whether the "legal access" referred to in the minutes of this board
of 8/12/76 concerning this application is that same access recorded on
the deed (s) .
APPEAL NO. ' 2951 . CHARLES P. ZIEGLER for similar relief as
requested in a recently-filed Appeal No. 3025. Correspondence should
be forwared to Mr. Olsen, Esq. for a written confirmation that they
wish to withdraw this prior application. (This prior application was
held in abeyance pending D.E.C. approval which to date has not been
received to our knowledge. )
Tuesday, August 31 , 1982 at 6 :30 p.m... was agreed to for inspections.
APPEAL NO. 2986 . PETER D. PIZZARELLI. DECISION RENDERED JULY 29,
1982 for "sleeping quarters" in accessory building on 2. 979-acre parcel
on a private right-of-way off Indian Neck Lane, Peconic , NY.
Mr. Lessard indicated that they (the Building Department) inter-
pret the Board' s decision of 7/29/82 to mean that this property is
further subdivided and that the 401000 square feet of land area around
this accessory structure is deemed to be a separate parcel , interpreting
this structure as being "principal" rather than "accessory. " The
Board of Appeals asked Mr. Lessard to correspond with the board in
writing on this problem, and that a reply from the board members will
be returned immediately clarifying the situation.
PROPOSED BUDGET FOR 1983 :
The Chairman submitted the following proposed Budget for 1983
for board members' review, and all were in agreement with same. The
Chairman was authorized to file same with the Town Clerk.
The proposed Budget-1983 is as follows:
Southold Town Boar' of Appeals -5- .gust Zo , 1y2i2
ESTIMATE OF EXPENDITURL_
Far- Zoning Board of Appeals unit cade B8010
(Aiminlstrative Unit)
Expended Budget For Request For
1 Lost Year This Year Next Year
19 81 19 82 19 83
.1 PERSONAL SERVICES' (List all employees giving Title,
No. of Persons & Pay Rate)
Chairman ($6 , 740 & $3 ,000) $' - $ $ 9 740
Four Members @ $6 ,740 $ $10 $ 26 , 960
Secretary $
" as Clerk of the Board $ $ $ 2 ,000
" Overtime _._ .
Part-time aid $ $2 ,000 $ 201500
TOTAL — PERSONAL SERVICES $ 28 ,500 . 00 $ 34 .422. 00 $ 5 5,7`60 . 00
.2 EQUIPMENT (Show individual items)
File cabinets and related $ 550. 00 $ 550. 00 $ 550 . 00
office equipment
TOTAL — EQUIPMENT $ 550 . 00 550 . 00 $ 550 . 00
.4 CONTRACTUAL EXPENSES (List by major Items or Types)
Lanier Service Agreement and
IBM Elec. 75 Typewriter Lease $ $ $ 1 ,600 . 00
IBM Carbon Ribbons per. Contract
Film $250 . 00; Stationary/Forms $300 - 550 . 00
F. I. Member expen for attendance
and ZBA inspections ; Jack Davis insp. 61030 . 00
u scrip ions manua s or c u es
Association of Towns 1 ,500 . 00
Lega counse
Defense Counsels 3,000 . 00
Ad --- g—O�s-�� 8 0 0 .
—3 '
c
TOTAL $ 11 ,600 . $
00 14 , 320 . 00 $24 , 320 . 00 _- . _. contractual
TOTAL FOR ADMINISTRATIVE UNIT $ 40--,-650 .:00 $ 49 , 292. 00 $80t 57o , 00
Remarks:
J
Date: 8/26/82 Prepared & Submitted by/ ills Chairman, .Z .B.A.
'Where employee is compensated from more than one administrative unit, show/btal salary and apportionment.
FORM EE WILLIAMSON LAW BOOK CO.,ROCHESTER, N. Y. 14609
.Southold Town Board r Appeals -6- zgust 26 , 1982
ESTIMATE OF REVENUES
For Zoning Board of Appeals B8010
Unit Code
(Administrative Unit)
ACTUAL — BUDGET For ESTIMATE For
Last Year This Year Next Year
Code Item* 19 19 1983
250 Applications at $ $ $
recommended $25. 00
filing fee. . . . . . . . . 6 ,250. 00 .
Miscellaneous (taxes, etc. ) 23,000. 00
TOTAL FOR ADMINISTRATIVE UNIT g 529,250+
Remarks:
Date:8/26/S2 Prepared & Submitted by itle Chairman
-Show all revenue received directly by the administrative unit. Explain any sales of equipment. Explain any unusual items
such as gifts, etc.
FORM ER WILLIAMSON LAW BOOK CO.,ROCHESTER. N. Y. 14509
Southold Town rsoard of Appeals -7- rjugust 26, 1982
ENVIRONMENTAL DECLARATION: Appeal No. 3028. - Aplolication
: of ANN O' SULLIVAN. Variance for approval to-build accessory
storage shed. Public Hearing scheduled for September 9, 1982 .
On motion by Mr. Douglass, seconded.. by Mr. .Sawicki, "
it was
. RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Ann O' Sullivan:
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,
notice is hereby given that the Southold Town Board 'of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified -as a Tvpe 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.
Date. of Hearing: September 9, 1982 on Variance application.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: 5692 Main. Bayview Road,, Southold, NY
Vote of the Board : Ayes : Messrs. Douglass, Goehringer,
Grigonis and Sawicki (absent wasMember Doyen)
Southold To:•rn nuard of Appeals -8- august 26, 1982'
ENVIRONMENTAL DECLARATION: Appeal No. 3023 . Application.
of WILLIAM KEINATH. Variance to construct a -dwelling with
insufficient frontyard and rearyard setbacks. Public- Hearing
scheduled for September 9, 1982.
On motion by Mr. Douglass, seconded by Mr. 'Sawicki
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of William Keinath:
. E`1VIRCNNIENTAL 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,
notice is hereby given that the Southold Town Board 'of Appeals
has determined that the subject project as proposed in this
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.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: Soundview. Avenue, Mattituck, NY
Vote of the Board : Ayes : Messrs. Douglass, Goehringer,
Grigonis and Sawicki (absent_.was Member Doyen)
Southold Town n,,ard of Appeals -9- August 26,• 1982
ENVIRONMENTAL DECLARATION: Appeal No. 3025. ' Application
of CHARLES P. ZIEGLER. Variance for access. Public Hearing.
for September 9, 1982.
.On motion by Mr. Douglass, seconded.-by Mr. Sawicki,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Charles P: Ziegler:
ENVIRONINIENTAL 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,
notice is hereby given that the Southold Town Board 'of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified -as a Tvpe 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.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: "Home Pike Road" , Mattituck, NY
Vote of the Board : Ayes : Messrs. Douglass , Goehringer,
Grigonis and Sawicki, (absent-.was Member Doyen)
_•i'-• .�C��' �ir:.+fir.` °�.•���-�:• _. . . . .. ..
Southold Town nvard of Appeals -10 august 26, 1982 �
ENVIRONMENTAL DECLARATION: Appeal No. 3.026. -Application.
of JAMES MANOS. Variance for approval of access, Public
Hearing scheduled for September 9, 1982 ..
On motion by Mr.Douglass, seconded.-by Mr. Sawicki,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of James Manos:
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,
notice is hereby given that the Southold Town Board 'of Appeals
has determined that the subject project as proposed in this
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.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: Mill Road, Mattituck, NY
Vote of the Board: Ayes : Messrs. Douglass , Goehringer,
Grigonis, Sawicki (absent was member Doyen)
:> _
Southold Town D�ard of Appeals -ll- nugu-st 26, 1982 :
ENVIRONMENTAL DECLARATION: Appeal No. 3024.. .Application
of PASQUALE ROMANELLI. Varignce -for approval of. access in
frontyard area. Public Hearing scheduled for September 9; 1982.. .
On motion by Mr. Douglass, seconded..by Mr. Sawicki,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Pas uale- Romanelli:_
ENVIRONMENTAL DECLARATIONI:
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,
notice is hereby given that the Southold Town Board 'of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified -as a Tvpe 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.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: Haywaters Road, Nassau Point, NY
Vote of the Board : Ayes: Messrs. Douglass, Goehringer,
Grigonis and Sawicki absent was Member Doyen)
� °
Southold Town nuard of Appeals -12- August .26 , 1982 -
Special Meeting
Being there was no further business properly coming before
the board at this time, the Chairman declared the meeting
adjourned.
Respectfully submitted,
Linda F. Kowalski, Secretary
Southold Town Board of Appeals
AP_PnvvEu
'RECEIVED"AND FILED BY Chairman Board of ApR8211
THE SOUTaIOLD TOWN CLERK
DATE �J�iy/ HOUR
Town Clerk, Town of So old