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HomeMy WebLinkAboutZBA-06/14/1983-SPEC f� o y Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 Ol �� TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N U T E S SPECIAL MEETING JUNE 14 , 1983 A Special Meeting of the Southold Town Board of Appeals was held on Tuesday, June 14., 1983 at 8:00 p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were : Gerard P. Goehringer, Chairman; Robert J. Douglass and Joseph H. Sawicki. Absent were: Charles Grigonis (illness) and Serge Doyen (Fishers Island) . Also present was Victor Lessard , Administrator, Building Department. The Chairman called the meeting to order at 8:00 p.m. SITE PLAN INCOMPLETE: Appeals No. 3117 and 3118. KATHRINE FARR• Proposed marina, brokerage sales , etc. at Manhanset Avenue, Greenport. On June 13 , 1983 , the Z.B..A. received a1site plan dated May 23 , 1983 pursuant to out April 29,. 1983 request. However, in reviewing the site plan, it was the consensus of a majority of the board mem- bers present, that the following additional information be included inasmuch as it appears these are or may be part of the proposed use (s) of this property: 1. Size and number of boats to be chartered; 2. Size and number of boats to be moored or docked; 3. The period of time "chartered boats" will be docked; 4• Is any outside storage of materials, .boats or equipment anticipated on the premises? The Secretary was instructed to send a letter to Mrs. Farr concerning the above. Southold Town Board of Appeals -2= June 14 , iy83 Special Meeting RESERVED DECISION: Appeal No. 3107. RICHARD SULLIVAN. Upon application for RICHARD E. SULLIVAN by David S. Horton, Kouros Road, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck which will exceed the maximum lot coverage of existing and proposed structures , at 440 Third Street, New Suffolk, NY; County Tax Map No. 1000-117-09-020 . The public hearing concerning this application was held on May 27 , 1983, at which time the hearing was declared closed pending receipt of further information and pending deliberations. The board made the following findings and determination: By this appeal , appellant seeks to construct a deck addition to the existing dwelling, extending from the back of the house in a southerly direction 25 ' and as shown on penciled-in -sketch dated January 21 , 1983. The total square footage of the proposed deck is approximately 654 square feet, of which 455 square feet is over the 2882 square feet maximum allowable by the zoning code. The lot in question contains an area of 14 ,378 square feet, having frontage along Jackson Street of 101. 95 feet and along Third Street of 140 . 97 feet. The board finds that the relief requested is reasonable and practical under the circumstances . In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties will 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. Douglass , seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3107 , application for RICHARD SULLIVAN for permission to construct deck addition as shown on the January 21, 1983 plan . submitted with the subject application, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck never be enclosed; 2. That the deck never extend further than the corners of the house as exists , or past the side of the garage. Location of Property: 440 Third Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-09-020 . Vote of the Board : Ayes : Messrs . Goehringer, Douglass and Sawicki. (Members Grigonis and Doyen were absent. ) This resolution was .unanimously adopted. . Southold Town Board of Appeals -3- June 14 , i!iU Special Meeting RESERVED DECISION: Appeal No. 3116 . JOHN GRIGONIS. Upon application of JOHN GRIGONIS, Main Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 (A) (B) for permission to construct a new dwelling in this B-Light Business Dis- trict at 860 Main Bayview Road, Southold , NY; County Tax Map Parcel No. 1000-70-7-16 . 2 . The public hearing concerning this application was held on May 27 , 1983, at which time the hearing was declared closed pending reinspection and deliberations. The board made the following findings and determination: By this appeal, appellant seeks permission to construct a one-family dwelling containing a living area of approximately 864 square feet in this B-Light zoned district. The premises in question fronts along Main Bayview Road approximately 68 feet and contains an area of approximately 10 ,600 square feet. The proposed dwelling structure is to be 50 feet from Main Bayview Road and is to be located east of the existing garage. For the record it is noted that premises along the easterly side of Main Bayview Road are zoned "A-Residential and Agricultural. " It is the feeling of the board that the premises in question is better suitable for a residence than a business. A majority of the structures existing on the parcels located in this B-Light District are also residences. In considering this application, the board determines : (1) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein .the proposed use is to be located , or of permitted or legally established uses in adjacent use districts ; (3) that the safety, health, welfare, comfort, con- venience or order of the town will not be adversely affected by the proposed use and its location; and (4) that the use will be in harmony with and promote the general purposes and intent of zoning. On motion by Mr. Sawicki , seconded by Mr. Douglass , it was RESOLVED , that Appeal No. 3116 , application of JOHN GRIGONIS for permission to construct a one-family dwelling upon the subject premises zoned B-Light Business , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1. All fuel tanks on the premises shall be de-commissioned by either removing entirely from the premises or filling; 2. No business use is to be permitted on the subject premises; 3. All construction proposed shall be in compliance with all other zoning requirements (i.e. , setbacks , lot coverage , et cetera) . Location of Property: 860 Main Bayview Road, Southold, NY; Southold Town Board of appeals -4- June 14 , 1983 Special Meeting (Appeal No: 3116 - JOHN GRIGONIS, continued: ) County .Tax Map Parcel No. 1000-70-7-16 .2 . Vote of the Board : Ayes : Messrs. Goehringer, Douglass and Sawicki. (Members Grigonis and Doyen were absent. ) This resolution was unanimously adopted. ADDITIONAL FILES FOR PUBLIC HEARINGS JUNE 23 , 1983 : On motion by Mr. Goehringer, seconded by Messrs. Sawicki and Douglass , it was RESOLVED, that the following appeal application be and 'hereby is scheduled for public hearing to be held at the next Regular Meeting of this board , to wit, June 23 , 1983 , in addition to those previously scheduled : Appeal No. 3142 - Application of GRACE KENNEY. Vote of the Board: Ayes : Messrs . Goehringer, Douglass and Sawicki. Members Grigonis and Doyen were absent. ) Tis resolution was unanimously adopted. ENVIRONMENTAL DECLARATION: Appeal No. 3142 - GRACE KENNEY, On motion by Mr. Goehringer, seconded by Mr. Sawicki , it was RESOLVED, that the following Negative Environmental Declaration be and hereby is declared in Appeal No. 3142 , application of GRACE KENNEY, pursuant to Part 617 (and Local Law #44-4) of the implement- ing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law: Southold Town Board o ppeals -5- June 14 , 33 Special Meeting (Environmental Declaration, continued: ) APPEAL NO. : 3142 PROJECT NAME: GRACE KENNEY 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: Addition with . an insufficient frontyard and/or sideyard setbacks , and varying previous Appeal No. 3067 (eliminating bedroom addition) . LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 2020 East- Gillette Drive , East Marion, 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 plann dd (2) The premises is not located within 300 feet of tidal wetlands. Vote of the Board: Ayes : Messrs . Goehringer, Douglass , and' Sawicki . (Members Grigonis and Doyen were absent. ) This resolution was unanimously adopted. Being there was no other business properly coming before the board at this time , the Chairman declared the meeting adjourned. The Chairman advised that those decisions which are pending- deliberations will be considered again when ' a full board is present, tentatively for June 23, 1983. The meeting adjourned at 9 :05 p.m. Respectfully submitted, ;. eraFd PP.ROV Linda F. Kowalski,, Secretary Southold Town Board of Appeals P. Goehr nger, Chairman outhold Town Board of Appeals RECEIVED AND FILED BY TI-11E SOUTHOLD TOWN CLEF . DATE O/Y/93 HOUR I&'-O •4 own Cler ,, 'Tn o old