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HomeMy WebLinkAboutZBA-12/28/1983 o91FFo��o l.t: 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. M I N U T E S ROBERT J. DOUGLASS - -.- JOSEPH H. SAWICKI 'REGULAR MEETING 'DECEMBER 28, 1983 A Regular-Meeting of the . Southold Town Board of Appeals was held on Wednesday, December '28; 1983 at 7: 30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grig- onis, Jr. ; Robert J. Douglass and Joseph H. Sawicki. Absent was: Serge Doyen of Fishers Island due to weather conditions. Also present were Victor Lessard, Administrator (Building Department) and approximately 15 persons in the audience. The Chairman called the meeting to order at 7: 30 o'clock p.m. and proceeded with the first public hearing. PUBLIC HEARING: Appeal No. 3195. Application for FRANK SIMON and GEORGE SANBORN, 160 West 87th Street, New York, NY (by Irving L. Price, Jr. , Esq. ) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage building in the frontyard area of this parcel known as 3955 Stars Road, East Marion, NY; County Tax Map Parcel No. 1000-022-02- 039 .1. The Chairman opened the hearing at 7:34 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey dated May 3, 1983 in- dicating the placement of the proposed garage, which is approximately 18 ' by 32 ' approximately 10 .feet off of what I assume to be the south property line and approximately 20 feet off of the east prop- erty line. And I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties. Is there somebody that would like to be heard in behalf of this application at this time? Is there anyone wishing to speak against the application? (None) I received a call today from Mr. Price indicating that he would not be 1~ • Southold Town Board Appeals -2- December 1983 Regular Meeting (Appeal No. 3195 - FRANK SIMON and GEORGE SANBORN, continued: ) MR. CHAIRMAN continued: able to appear today, nor would the applicants, and he asked us for a recess until the -February 1984 Meeting. I would like it placed in the minutes,. with the board' s indulgence, we will grant this recess, however, if th6....agenda is an extremely heavy one, he will be allocated five minutes for the hearing and no more, based upon his request. .Again if the agenda is heavy, we will not go into extensive testimony. How does the board feel about that? MEMBER DOUGLASS, MEMBER SAWICKI, MEMBER GRIGONIS: Fine. MR. CHAIRMAN: Anybody. wishing to comment from the audience? (None) Not hearing any further comments, I'll make ..a motion recessing this hearing until the proposed date of February 29 , 1984, the date proposed for the next Regular Meeting _of this board. On motion by Mr. Goehringer, seconded by Mr.. Grigonis, it was RESOLVED, that Appeal No. 3195, application for FRANK SIMON and GEORGE SANBORN, be recessed until the next.,Regiilar Meeting of this board, proposed for February 29, 1983 .commencing approximately 7: 30 o'clock p.m. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was unanimously adopted.. PUBLIC HEARING: Appeal No. 3194 . Application of MITCHELL M. WILCENSKI, Main Road, Laurel, NY for a Variance to the Zoning Ordi- . nance, Article III, Section `1007-32 (A) for permission to construct accessory wind generator in excess of 18 feet in height at premises known as 2800 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-125-3-6 .1 (and 7.1) . The Chairman opened the hearing at 7: 38 o'clock p.m. and read the legal notice of hearing. in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey indicating the proposed placement of this wind .generator, which I will discuss with Mr. Wil- censki in a. minute, and a copy of the Suffolk County Tax Map indicat- ing this property and the surrounding properties in the area. Would either one of you gentlemen like to be heard in behalf of this application? (Messrs. Wilcenski and Richard Jarzombek were present. ) Written in red, this is shown to be approximately 65� feet from both sides? . MR. WILCENSKI: Yes. Southold Town Board of- Appeals -3- December 2u, 1983 Regular Meeting (Appeal No. 3184 - MITCHELL M. WILCENSKI, continued: ) MR. CHAIRMAN: Ok. It looks like it' s an extensive distance from the house. Do you want to give me an estimate? MR. WILCENSKI: About 100 feet from the house. That' s where my fence is and that' s where I would like to put it, in behind the fence because the rest of the area is all lawn. MEMBER SAWICKI: How high is it going to be? RICHARD JARZOMBEK: Between 50 and 60 feet. MR. CHAIRMAN: That' s total? MR. JARZOMBEK: Sixty feet of tower. MEMBER SAWICKI: No higher than. 60? MR. CHAIRMAN: And then. what is the rooster tail on it and everything else encompass? MR. JARZOMBEK: The radius of the blade is 8 feet. A total height of around 68 feet. MR. CHAIRMAN: Ok. Would anybody else like to be heard in behalf of this application? Anybody like to speak against the application? Any questions from board members? (None) MEMBER SAWICKI: When do you plan to start, this Spring? MR. WILCENSKI: There' s. no way. we can start with the ground frozen. MR. CHAIRMAN: There' s no way you can start it this year? MR. WILCENSKI: Only if the ground thaws, but I don't think we can put the foundation of the tower. MR. CHAIRMAN: That' s a-'shame. MR. WILCENSKI: If it. wasn't for the. freeze the last few days, we could have gotten it done. MEMBER DOUGLASS: The thaw is going out, it' s only about lk" deep. But it is supposed to come back on _Friday. MR. WILCENSKI: If we can get a. backh.oe in there, we could get it dug out. No problem about that. MR'.. CHAIRMAN: Hearing no further questions, I' ll make. a motion closing the hearing and reserving decision until later. MEMBER DOUGLASS: Second. Southold Town Board u- Appeals -4- December 2_ , 1983 Regular Meeting (Appeal No. 3184 - MITCHELL M. WILCENSKI, continued: ) On motion by Mr. Goehringer, seconded by Mr. Douglass,...it was RESOLVED, to close the hearing and reserve decision until later in the matter of the application of MITCHELL M. WILCENSKI in Appeal No. 3184 . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3187. Application of BERTHA OKULA, 32345 Main Road, Orient,. NY .for a .Variance to the Zoning Ordinance, Article III, Section 100-31.,...Bulk Schedule, for approval of insuffi- cient area and width of two proposed parcels located at the north side of Main Road and the west side of Bight Road, Orient, NY; County Tax Map Parcel No. 100.0-014-02-017. The Chairman opened the hearing at 7:50 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey and a more recent sur- vey dated September 19, 1983 indicating Lot _#1 having 37, 217 sq. ft. and Lot 2 to have 21; 018 sq. ft. with an existing one-family dwelling. And I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in this area. Is there anybody that would like to .be__ heard in behalf of this application? Mrs. Okula. MRS. BERTHA OKULA: I don't think I have anything else to say, except to say that. my husband and I actually don't have any need for that piece of land at this point. We used,. to use part of it for a garden, but we do that much--we're getting on and not doing much gardening, and it' s an awfully large:. tract and has:- remained vacant. MR. CHAIRMAN: Is there anyone else wishing to speak in behalf of the application? Anyone. wis_hing to speak against the application? (None) MEMBER SAWICKI: I' d like to ask Mrs.. Okula--is this strictly for your daughter' s use--not to be sold: if it _were granted? . MRS. OKULA: Oh, no. Not to be sold. MR. CHAIRMAN: The only thing .I' d like to. read into the record is the action from the Planning Board. which. 'was on November 7, 1983: . . . RESOLVED, that the Southold Town' Planning Board deny the application of BErtha Okula to subdivide property into two lots as indicated on the map dated September 19, _1983 due to insufficient area, 100-31. . . . Would anybody else like to speak either. way? MEMBER DOUGLASS: I 'd like to ask a .question. What have we Southold Town Board o- Appeals -5- December 2_ , 1983 Regular Meeting (Appeal No. 3187 - BERTHA OKULA, continued: ) MEMBER DOUGLASS continued: received on the right of access if it is split? MR. CHAIRMAN: Do you have any legal right-of-way over Bight Road, Mrs. Okula? MRS. OKULA: I do. But I was told to wait to see if I got an approval because it has to be done through an attorney. So I was asked to wait until I found out whether it would be approved or not first. That' s the reason we don't have it right now. MRS. FRANKE: There should be no problem. MEMBER SAWICKI: Mrs. Okula, you have your own property that you and your husband own that'_s a little larger than the one you want to subdivide. Would you be willing .to _more or less equalize the two lots, to give some, of yours .to .the other lot? MEMBER DOUGLASS: No, it' s the other way around. MEMBER SAWICKI: Just to equalize the two lots? I think you have 37, 000 on on lot-7 MEMBER DOUGLASS: The back lot, and the front one is smaller. MRS. OKULA: The original sketch that I presented to Mr. Hinder- mann, he said we couldn' t have a. whole acre. back there. because it would go right through that garage and that. would be against the building code. So we moved .it back. If:.the original sketch isn't there, I've got it. MR. CHAIRMAN: We have it right here. MRS. OKULA: The survey shows that the line is moved back, which makes that land-back-there 9/10ths of an acre rather than an acre. MEMBER DOUGLASS: What Joe. was trying to say is to take some of that 9/10ths away and adding it to yours to make yours and that lot a balanced lot.. MEMBER SAWICKI: Equal in size. MRS. OKULA: As it stands, it' s. an acre and one-half, all total. MEMBER DOUGLASS: Yes. Right. MEMBER SAWICKI: The lot you. want. to set-off is 37, 000 and where you live it' s 211000. What I was getting at is maybe to equalize the. two lots. just. for your. future protection someday. Would you have any objection-- --- Southold Town Board of Appeals -6- December z8, 1983 Regular Meeting (Appeal No. 3187 - BERTHA OKULA, continued: ) (Mrs. Okula and her son-in-law, James Franke, were discussing the application and same was not audible. ) JAMES FRANKE: If we do that and bring this line back this way, we wanted to face the house on the Bight Road and don't know what that would.._do' to- the setbacks. Maybe the house would have - to be turned, otherwise we would need to get an appeal. In order words, we want the house to face Bight Road, and if we were to make these both three-quarters of an acre, that would cause a violation-- MR. CHAIRMAN: Excuse me, could I have your name for the record? MR. FRANKE: Jim Franke. MRS. OKULA: My son-in-law. MR. LESSARD: He could still wind up with 150 feet on the road. MEMBER SAWICKI: I'm not saying divide it exactly 50-50, but to give the smaller lot more. MR. LESSARD: That wouldn' t require insufficient width on that. It' s below the acreage. He' s going to have his 35 setback--as long as he is below the acre, he' s going to have his 35 ' setback regardless. MR.. CHAIRMAN: Hearing no further questions, I' ll make a motion closing the hearing and reserving decision until later. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. RESOLVED, to close the hearing and reserve decision until later in the matter of the application of BERTHA OKULA in Appeal No. 3187. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen. of Fishers Island was absent. ) This resolution was unanimously adopted. Following the close of the hearing, the board began delibera- tions, and it was the consensus of a majority of the board members that a letter be sent to Mrs. Okula requesting whether approval could be obtained. in writing for a. .right over Bight Road to the rear parcel. The following action was taken: On motion by Mr. Douglass, seconded by Mr. Sawicki, it was Southold Town Board of )peals -7- December 2 1983 Regular Meeting RESOLVED,' that the applicant, Mrs. Bertha Okula,. be. requested to obtain a letter or other written instrument from the owner/developer concerning permission being granted over Right Road for access to proposed Lot #1 in Appeal No. 3178 . Vote of -the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was unanimously adopted.__ ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED to declare the following Negative Environ- mental Declaration: S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3203 PROJECT NAME:. D.J. 'CLAUSE ENTERPRISES 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:. To- redivide property. with insufficient area and width in this B-1 Zone. Art.. VII, Sec. 100-71 LOCATION OF PROJECT:. Town. of Southold, County of Suffolk, more particularly known as: E/s Love. Lane, Mattituck,_. NY; 100.1.0-14.0-3-42.3 . 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 subject premises .is. not located. within 300 feet of tidal wetlands or other critical environmental area. Southold Town Board oi� _.ppeals -8- December 2_ , 1983 Regular Meeting (ENVIRONMENTAL DECLARATIONS, continued: ) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3202 PROJECT NAME: HERBERT R. MANDEL 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: Attached greenhouse addition with a 7 ' setback at its nearest point from the southerly side property line. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: E/s Inlet Lane Extension, Greenport, 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 by this application is for construction landward of existing structure [s] -and is not upon an environmentally critical area of land. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was unanimously adopted. Southold Town Board of Appeals -9- December 2u , 1983 Regular Meeting RESERVED DECISION: Appeal No. 3190 . Upon application of WILLIAM BURKHARDT, by Alfred J. Skidmore, Esq. , 117 Newbridge Road, Hicksville, NY 11802, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct acces- sory storage building in an area other than the required rearyard at premises known as 50 Wabasso Street and 2315 Nokomis Road, Southold, NY; County Tax Map Parcel No. 1000-078-03=part of 039 . The public hearing on this matter was held on November 30, 1983. For the record it is noted that the subject premises was the subject of a prior Appeal dated July 2, 1982, Appeal No. 3011, for Mr. Burkhardt conditionally approving an area and width variance. on December 22, 1982 . The board made the following findings and determination: By this appeal, applicant seeks a. variance from Article III, Section 100-32 of the zoning code which is required in order to per- mit applicant to retain the present location of an existing garage structure. Applicant has applied to the Building Department for permission to construct a new one-family dwelling in conformity with the rules and regulations of the zoning. code;.. however, since this parcel is a corner lot as defined by Article I, Section 100-13, "Definitions, " the _area in which the subject accessory building is located has been technically interpretted to be "front yard" area. Section 100-32 requires accessory buildings to be located in the rear yard area. The premises in question is located at the intersection of Wabasso Street and. Nokomis Road, near Laughing. Waters, in the Ham- let of Southold, Town of Southold, and. is more particularly identified on the Suffolk County Tax Map as District 1000,. Section 78 , Block 3, part of 039 . The premises contains an area of approximately 20,123 sq. ft. The subject accessory building is and will continue to be set back from Nokomis Road property line 25 feet and from Wabasso Street property line 47 feet. It is the opinion of the board that the practical difficulty in this case is sufficient to warrant the granting of this variance; however, there are .two main concerns' of the board: (1) that the subject accessory building remain as an accessory use, since any attachment of same to the main house would. violate Article III, Section 100-31, Bulk Schedule, of the zoning code as to yard setbacks, and (2) that the accessory building remain to be used only for storage purposes, and that the. ha_bitable facilities and utilities therein be removed. In considering. this .appeal, the board determines: (1) that the practical difficulties, .have been shown and are sufficient to warrant the granting _of the application as noted below; (2) that the relief as noted below is substantial in relation to the Sduthold .Town Board c_ Appeals '10- December r 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT! continued: ) requirements of the zoning code; (3) that the circumstances are unique; (4) that the relief as approved will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by approving the application as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goeh- ringer, it was RESOLVED, that Appeal No. 3190, application of WILLIAM BURK- HARDT for permission to retain accessory _storage building in the frontyard area as .applied for and indicated on the October 27, 1983 survey of Roderick VanTuyl., P.C. , 'BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The dwelling and all new structures, if any, must comply with all yard setback requirements of the zoning code; .2. All habitable appliances, fixtures and utilities must be removed in the accessory _building in question; 3. The premises and .buildings be inspected by the building inspector prior to the issuance of.. any Certificate of Occupancies for the land or structures. Location of Property: 2315 Nokomis Road and 50 Wabasso Street, Southold, NY; County Tax Map Parcel No. 1000-7.8-03-part of 39 . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of F_ishers _Island was absent. ) This resolution was unanimously adopted. RESERVED DECISION: Appeal No. ' 3194 . Upon application of' 'MITCHELL. 'M. 'WILCENSKI, Main Road, Laurel, NY, for a Variance to the Zoning. Ordinance, Article III, Section 100-31, for permission to construct accessory wind generator in excess of 18 feet in height at premises known as 2800 Main Road, Laurel, NY; County ' Tax Map Parcel No. 1000-125-3,-6..1 and 7.1. The public hearing on this application. was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination.- Sautho:ld Town Board c kppeals -11- December 1983 Regular Meeting (Appeal No. 3194 - MITCHELL M. WILCENSKI, continued: ) By this appeal, applicant seeks permission to locate an accessory wind generator centered in the rearyard area as shown on the sketch submitted with the application. and set back approximately 65 feet from each property line. Article III, Section 100-32, Subsection (A) requires accessory structures to be located in the rearyard not exceeding 18 feet in height. The proposed height of this tower is 65 feet (including generator rooster) , which is a common height to the best of board' s knowledge that such wind towers have been con- structed in order to operate effectively. Wind towers are a source of energy and in the board' s opinion are necessary. The board agrees with the reasoning of the applicant. The premises in question is located at the south side of S.R. 25, in the Hamlet of Laurel, Town of Southold, and is more particularly identified on the Suffolk County Tax Map as, District 1000, Section 125, Block 003, Lot 6 .1 . The premises contains an area of approximately 22, 000 sq. ft. and is improved with a one-family dwelling and accessory storage building in the rear yard. In considering this appeal, the board determines: (1) that the practical difficulties have been shown and are sufficient to warrant the granting of the application as noted below; (2) that the relief as noted below is substantial in relation to the requirements of the zoning code; (3) . that the circumstances are unique; (4) that the relief as approved will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by approving the application as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3194, application of MITCHELL M. WILCENSKI, for permission to construct accessory wind tower and generator, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the tower shall not exceed a maximum height of 70 feet; 2. Any static or other noise interferences must be controlled and eliminated by property owner; 3. That the structure in question not be placed closer than 75 feet to any other structures; 4 . That the structure in question not be placed closer than 65 feet to any property line. Sduthold Town Board c - Appeals -12- December 1983 Regular Meeting (Appeal No. 3194 - MITCHELL M. WILCENSKI, continued: ) Location of Property: - 2800 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-125-3-6 . 1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was unanimously adopted. ADDITIONAL PUBLIC HEARINGS FOR JANUARY 25, 1984: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to schedule the following matters for public hearings to be held at the next Regular Meeting of this .board, to wit: January 25, 1984. commencing at- 7.: 30 p.m.. , and that the same shall be advertised in the local and official newspapers of the town pursuant to law: Appeal No. 3203 - D..J. CLAUSE ENTERPRISES Appeal No. 3202 - HERBERT 'R. MANDEL. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was unanimously adopted. NEW APPLICATION: Appeal No. 3201 - NORMAN C. BOOS. In reviewing the new variance application filed on December 20, 1983, for Norman C. Boos, requesting 18 additional boat spaces at his premises presently used as a marina on the south side of Skunk Lane (Bay Avenue) , Cutchogue, it was the consensus of the board members that the applicant supply the board with the following: (a) What is the maximum number of boats docked at one time on the site of the subject marina; (b) What is the length of the proposed docks from the edge of the existing bulkhead? (c) Please provide a plan showing the proposed additional e parking spaces (in addition to the 43 parking spaces required by the prior decision in Appeal No. 2914) . (d) Please indicate on the plan the width of the channel ' s thoroughfare and its location for navigation. The secretary was instructed to send a letter to Mr. Boos requesting the above, prior to the board' s scheduling this matter for public hearing. Southold Town Board __ Appeals -13- Decembe_ A, 1983 Regular Meeting TENTATIVE. SPECIAL MEETING: On motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, that a tentative date of January 11, 19847 be set for a Special Meeting of this board to be held at the Southold Town Hall, Main Road, Southold, New York, for those business matters"..properly coming before the board at that time. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was unanimously adopted. DATE OF REGULAR MEETING: On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that January 25, 1984 at 7:30 o'clock p.m. be and hereby is 'scheduled as the date of the next Regular Meeting of this board to be held at the Southold Town Hall, Main Road, Southold, New York for public hearings and other business matters properly coming before the board at that time. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was unanimously adopted. WITHDRAWAL WITHOUT PREJUDICE: Appeal No. 3078 . MARION SADICK and MURRAYSCHLUSSEL. WHEREAS, on January 27, 1983, the subject variance application was filed with the Office of the . Town Clerk for relief from Article III, Section 100-31, Bulk Schedule in the proposed two-lot minor subdivision at Stillwater Avenue, Cutchogue; and WHEREAS, on February 7, 1983, approval was requested from the aplicants' attorney for. a'_N.:.Y.S.�..,Department. of Environmental Conservation permit pursuant to Part 661..5 (b) [57] of the Tidal Wetlands Land Use Regulations, 6NYCRR and in accordance with the . resolution of this board made February 4, 1983; and WHEREAS, on February 14, 1984, the Z.B.A. received notifica- tion that the N.Y.S. Department of Environmental Conservation application is being processed; and WHEREAS, on March 7, 1983, action was taken by the Southold Town Planning Board approv figthe amended maps of November 10, 1982 subject to Z .B.A. approval and approval from the N.Y.S. D.E.C._ if necessary; and r Southold Town Board of Appeals -14- December 28 , 1983 Regular Meeting .(Appeal No. 3078 - SADICK AND SCHLUSSEL, continued: ) WHEREAS, on August 25, 1983, this office received correspondence with enclosures from the N".Y'.S. Department of Environmental Conserva- tion (Permit #10_-83-0099) .indicating. :that their :agency has approved a variance to their setback regulations which .entailed moving of the proposed dwellings closer to the road, possibly,.,requirin,g_ an amendment to the _pre_sent application. before,-,this _board .for re-lief from our setback .regulations; and WHEREAS, on August 25, 1983 .a reply was sent from this office to the N.Y.S. D.E.C. (and applicants' attorney). indicating. :that the proposed amendment must be. filed. with this office and the building inspector in order to determine whether or not a setback. variance. .. would truly be needed, and advising them of Local Law No.. 9 which . was adopted by the Town Board on August 9, 19.83,._ amending certain set backs; and WHEREAS, on September 22, 1983,. a follow-up letter. was sent to the applicants ' attorney requesting. receipt of the amended maps if it is, their intention to amend the application; and WHEREAS, on December. 6, 1983, this office. received a. written request from Murray Schlussel. requesting the board to. void the pending variance application.; NOW,.. THEREFORE, on motion by Mr. Grigonis, seconded. by Mr. Douglass, it was RESOLVED, to. withdraw Appeal,. No. 3078. without prejudice as requested. by Mr. Murray Schlussel. Vote of. the Board: Ayes: Messrs. Goehringer, Grigonis, ._Doug lass and Sawicki. (Member Doyen of Fishers Island. was absent. ) This resolution was unanimously adopted. Being :there. was no other business properly coming- before the board at this time, the Chairman declared .Eh:e meeting adjourned. The meeting._was adjourned at approximately 8 :48 pom. Respectfully submitted, Li da F. Kowalski, Secretary Southo of Appeals n - - RECEIVED AND_.FILED BY GERARD P'. GOE]Y INGER -CHAIRMAN TFIE SOUTHOLD TOWN CLERK Approved - January 11984 DATE I/ ��rf HOUR Town Clerk, Town of Southold