HomeMy WebLinkAboutZBA-07/16/1987 h d Town Board of Appeals
Sout of
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 J. 'N. U. T '.E S
SERGE DOYEN, JR.
ROBERTJ. DOUGLASs REG`UL,A:R M.E.EfiTNG
JOSEPH H. SAWICKI '.TH,U.RSD-A.Y's:_JUL'.Y--;a 63-'_1 987
A Regular Meeting and :.P..u.blic Hearings of the Southold Town
Board of .Appeals we.re he.l d _on. _THURSDA_Y , _JULY._ 16 , 1987 commencing
at 7 : 30 .o '-clock p .m . at the Southold .Town Hall , Main Road ,
Southold , New York 11971 .
Present were : Gerard P. Goehringer , Chairman ; Serge Doyen ,
Jr. ; Charles Grigonis , Jr . ; Robert - J . Douglass and Joseph H.
Sawicki , constituting the five members of the Board of Appeals .
Also present were : Victor Lessard ,. Building-Department Adminis-
trator (arr. 7 :45 ) ; Janet Garre,ll , Suffolk. Times Reporter;
Linda Kowalski Z.A .A. Secretary, and _app_roximately 15 persons
..at the beginning of the meeting in the audience . -
Chairman Goehringer opened the meeting at 7 : 30 p .m. and
proceeded with_ the first public hearing on the agenda , as
follows.: (Al l' �verbati'M transcripts of. the following hearings
have been prepared under .separate cover and, f.i_led simultaneously
with the Town Clerk ' s. Office with these Minutes for reference . )..
7 : 35p .m. - Public Hearing held and concluded - Matter of
7 : 58 _p .m. GEORGE D: DAMIEN . Area , width and depth
_ variances in this pending set-off division .
Corners of Jackson , Fifth and Main Streets ,
New Suffolk. Mr. George D. Damien spoke in
behalf of_ his application . (No public
opposition was .submitted during the hearing . )
7 : 58 p .m. Public Hearing . held and concluded - Matter of .
8 :04 p .m. W.ILHELM FRANKEN . Accessory _bu.ildung " in side_
yard and with insufficient-- setback from bu.lk-
head .along Gull Pond Inlet . W/s Osprey Nest
Road , "Gre_en-port . Mr. John. Ge.i.deman spoke in
behalf._ of the ap.plic-ant.. .. (No verbal opposition
Southold Town Board of Appeals -2- July 16 , 1987 Regular Meeting
(Public Hearings , continued : )
was submitted. )
8 : 04 p .m. - Public Hearing was held and concluded - Matter of
8 : 10 p .m . 'ARTHUR V : 'JUNGE , Electrical shop use in this "A-40 "
Zone. N/s C . R . 48 ,. Cutchog'ue . (No verbal opposition
was submitted . )
8 : 10 p .m . - Public - Hearing was held and concluded - Matter of
8 : 15 p .m. 'PUDGE 'CORP . Industrial use in this "A" Residential
Zone. N/s_- C.. R.. 48 , Cutchogue . (See verbatim
transcript for_. oppositi on __received and rebuttals . )
8 .15 p .m. - Public Hearing - reconvened and concluded - Matter- of
8 : 18 _p .m.. JAMES AND MARY 'TYLER. (continued from 6/18/87 ) .
_Michael J . ' Hall ; -.Esq . appeared in behalf .,of the
applicants for Richard F. Lark , Esq . __(No verbal
opposition was submitte_d . )
8 : 18 p .m . Public Hearing was held and concluded - Matter of
8 : 27 p .m. __ 'DI.NA 'MASSO. Accessory boathouse structure with deck
at _foot .o.f ..bluff, and deck and new stairs .along and
at _top of bluff areas , ;a,ll. landward of existing wood
buI khead_ al_o.ng . Peconi c Ba..y ,__ Nassau Point Road ,
Cutchogue . Garrett A. Strang, R.A. appeared in
behalf _ of .the applicant . (No verbal _opposition
was ,s_ubmitted . )_
8 :27 p .m . - Public Heari-ng .was held in the Matter of JOSEPH REIN-
8 : 49 p_.m. _HAR_T./FRED 'WIG.HTMAN '& 'DAVID 'FREY. Variance for
es-tablishment of multiple uses_ in this "A-40" Zone .
N/s Main Road, Peconic .._, Mr ., Garrett A. -Strang,; ., R .A. ,
Roger .Elston ; Esq . , M_r. Joseph Reinhart , and
Mr. Fred Wightman spoke in behalf of the application .
Following testimony , motion was made by Mr. Goeh-
ringer , seconded by Mr . Sawicki , to recess the
hearing until August 20 , 1987 , pending receipt of
the previously requested Pre-Certificate of Occupancy
(Nonconforming Premises ) , which will list the legal
uses of record , _ and copies of the case laws cited by
Mr. Elston . Vote of the Board : Ayes : All .
8: 49 p .m. '- Public Hearing was held in the Matter of PAUL AND
�- 9: 00 P .M. CHARLOTTE GALGAN . Variance to construct additions
within 75 feet of existing bulkhead along Eugene ' s
Creek , 4605 Stillwater Avenue , Cutcho.gue . Mr. Galgan
Southold Town. Board of ,Appeals -3- July 16 , 1987 Regular Meeting
(Public Hearings , continued : )
spoke in behalf of his application . No verbal
opposition was submitted- .during the hearing.
9 : 00 p .m. - 9 :06 p .m . Recess for short break.
9 :06 p .m . Motion was made by Chairman Goehringer , seconded
by Member Sawicki , to reconvene the meeting at
this time. Vote of .the Board : Ayes : All .
9 :07 p .m . Public Hearing was - r..econvehed and concluded in
9.: 18 p .mf. _the_. Matter of. F.RE,D.ER-TCK '.K.O.EHL.ER , JR . Beach pavi l l i on
_.-_. of a ' size' 38'. :by .161. and a.tta.ched, deck areas_ exte_nd-
i.'ng 124± feet .and 28 feet wide (exclusive of stairs ) ,
accessory__,- and incidental to the established single-
family residential use , within 75 feet of tidal
wetland and {iighwater mark along Peconic_ Bay , at
575 'Old Harbor.- Road , New Suffolk. No verbal
opposition was submitted . _Hen_ry Raynor spoke in
behalf of ,the 'ap,pl i cants.. The. Board requested
the speci.ficati.on_- for- the. new b.u.l khead , including
a. vegeta.tjon ,plan to be submitted as soon as
pos.s.i:bTe. '[See verbatim transcript of statements . ]
9 :18- pt-mo. -' Public Hearing was reconvened in the Matter of
9-4.6 _yp_,m .. B.E.NTE"SNELLENB.URG (continued from 4/20/87 as agreed ) .
Var.i an-ces. ,��for approval o,f 8 ' high fencing
along easterly property line a_,-length of_ 72± feet ,
(2 ) _- Appeal ing the,. 11 /6/86 Order to Remedy Violation
which mandates building permit for new fencing.
along the easterly, property l i ne . ROW off th_e E/s
South Harbor Road_, Southold.-_ Judge Snellenburg
sp.oke in behalf .of his wifeIs. app1i cat i.on .
P_h,ilip J . Ca.rdina.le , Esq ._ spoke.. in . opposition
to the application' ( in behalf of the easterly
neighbor ,_ Mrs . Dean ) . Mr. Cardinale submitted
a survey which shows the fence partly encroaching
his client ' s property . Judge Snellenburg requested
a recess pending- his review. of the- survey and
further written documentation-, if he ...fin.ds necessary.
The Board recessed the hearing . unt,il August 20th ,
in order to- accept further written submissions from
any party , and indicated that no oral testimony_-
wo..ul.d be received on August 20th and._ that the
hearing would then ' be offi.cia.11y declared concluded.
Motion was made by Chairman Goehring.er , seconded by.
Member Douglass , to hold this he_ aring in "open
recess" in.. _order to accept additional written
documentation until August 20th , 1987 , and without
additional verbal testimony. Vote of the Board :
Ayes : All .
Southold Town Board of Appeals . -4- July 16 , 1987 Regular Meeting
y
CORRESPONDENCE : Letter Dated July 6 , 1987 from Mr. Carmine
Aliperti , President , Vel Construction Corp ._, 113„8 William Floyd
Parkway , Shirley , NY 11.967 , in the Matter._ of Premises . Now or
Formerly of RIAL 'RE.ALTY CORP . , The Board Members reviewed and
discussed Mr . Aliperti ' s request for "permission to plant
several trees within a 100 ft . of- the- bluff" on premises .
now or formerly of Rial Realty Corp . , private ri..ght-of-way
located off the north ..side .of.. Oreg_on Road , Matti tuck .., County
Tax Map' #1000-.95-1 -3.
Z.:B .A. Appeal No . '355.1 , 'd.eterminati.onr.endered October 10 ,
1986 c,ond_i ti o,.ns the subdiu sion and area. variance as follows.:
" . . . No disturbance of land .within the. 50 .ft . distance
shown- al_ong the 49.. 5 cont_our. line of proposed Lot #1 . . . . "
Motion was made by - Member Douglass , seconded by Member
Sawicki', to forward the following response..to Mr. Aliperti ,
requesting a plan showing ;a,. proposed changes ' (whi.ch. may
or may not be _in violation and_ must be further investiga_ted
by the Building Department, etc.. ) .
" . . . It is our recommendation that a plan be submitte.d
to the_ ,Buildi'ng Department showing .a,ll proposed changes or
grading - plan (existing verses proposed) , together with the
areas of _pl anti ngs . In this way ,_. i t ca.n be_. determined by
the Building Inspector whether or not any distance of land
is being proposed and advise you to proceed further ,th_rough
our office and through the. N'. Y'. S . D j. C. as may be deemed
necessary.
Please furnish us with copies of your application to
the Building.- Department together with the proposed grading
plan in.. ord,er that we may be kept up-to-date ... . . "
Vote of the Board : Ayes : A.11 .
NEW 'APPLICATION : 'MR.'. AND MRS .'. THEODORE KRUKOWSKI .
Bbard. Sec.re_t_ary,.,.-.L_i nda Kowal,ski.;_ advised .the Board. Members
that Mr . and . Mrs .._ Kruk'owski:..are asking for a refund of
the $150 . 00 variance filing fee due to . the fact_ that there
are . so many agencies involved for their proposal. (10 ' by 14 '
accessory shed"within 75 feet of wetland-s ) ,_ which are now.,
required to be addressed by the_.Trustees and the D. E . C .
The. Board agreed tbi;,r,ecommend.,a refund of the $150 . 00 filing
fee , which was .f.iled on July. 13 , 1987 , and no inspections .
or other paperwork have been processed at this point in time .
Southold Town Board of Appeals -5- July 16 , 1987 Regular Meeting
PENDING DELIBERATIONS/DECISION: Appeal No . 3624:
Application of ERNEST TARMIN for a Variance to the Zoning
Ordinance , Article XI , Section 100-119. 2 for permission to con-
struct accessory structures with a setback of less than 100 feet
from bluff/bank along the Long Island Sound. Location of
Property : Right-of-way off the north side of .Main Road , Orient ,
NY ; County Tax Map Parcel.- ID No . 1000-14-2-1 . 1 .
Followingdel-iberatfons , the. Board took the following action :
WHEREAS , a public hearing was held - and - concluded on May 21 ,
1987 in the Matter- of the Application of 'ERNEST. 'TARMIN under - _.
Appl . No . 3624 ; and .
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS , the. Board has caref.u.l'ly considered ,all testimony
and documentation submitted concer_ni_ng t.his ap.plicati_on ; 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 f.o,l l owing findings of fact:
1 . The premises in question is located along the north
side .of .a - private right-o_f7w'ay which -extends off ..the north
side of the Main Road at _Orient , New York , and..__is identified
on the Suffolk County. Tax Maps as Dis_trict, 1000 , Section ,
14 , B1 ock ...2 ,_ Lot. 1,. 1;:0 .
2 . The subject premises contains a total area of. .5 . 755
acres and is improved with one single=family dwelling_- and
accessory buildi-ng . 'The dwelling i_s s_hown_ on si-_te p_.lan
prepared August 2.3 ,., 1984 by Ke.1ler-Sandgren Associates , A.'I . A.
to be set back '.116_± . feet from the top of the bluff ,are.a
at the 36 . 2 ft. _elev_a'tion contour .line . The s_ubje_ ct
premises is, loc-ated in the "'A=80". Residenti.al and Agricul -
tural Zo.ning___District.
3. By this application, appellant requests permission
to locate -gazebo s_t_ ructure of _a__size. ,l l feet in diameter and
at a height not to exceed. l2___ fe.e , with a . setback at .not
less than . 50 .fe.et from the.-..bluff...area' (36 . 2 ft.. el . ) . Also
_shown on the _site ,plan submi_tte_d for cons derati on. is a
proposed stairway to extend from the top of bluff .seawa.rd a
length of 37± feet and attached 81 x 8 '___ square _de.ck/platform
area at the ' top of .,bluff .area .
4 . Article XI , Section. 1007.119. 2 , subparagraph A[l ]
i
Southold Town Board of Appeals -6- July 16 , 1987 Regular Meeting
v
(Appeal No . 3624 - TARMIN decision , continued : )
requires all buildings proposed on lots adjacent to the Long
Island Sound to be set back not less than one-hundred ( 100 )
feet from the top of the bluff, .or 36 . 2 ' elevation contour
line .
5 . The Board finds that although the difficulties
created were self- imposed , the location of the gazebo struc-
ture at a distance not closer than 50 .feet from the bluff
is not unreasonable. The structure will not require a
foundation-type construction and will _not be attached to
the 1 i vabl e floor area or be used i-n__ any habitable manner.
6 . For the record , *it i.s noted that there are similar
struct_ures. located with.- similar setbacks along the' Sound_
bluff.
7 . It is further noted for the record that the. Board
does not feel it is in a position to approve the stairs and
attached deck/platform along 'the bluff -as applied , and
that additional documentation will be_ required before
approval is to__ be rendered . ' As an alternative , this
Board approves the gazebo as noted below , and denies
the stairs construction .without prejudice to future
application . _
In considering this appeal , the. Board also finds and
determines :
(a ) the re.lief .requested is substantial in relation
to the requi rements__-, being a variance of. .50% of the...
requirements '(50 feet ) ;
(b) the ,placement of ,the accessory gazebo structure
at a. point not__,closer than. 50 .feet from the top of .the
bluff is not :unreasonable and w ] 1. _not be detrimental to
adjoining properties- or change th-e character of the
di_strict_;
(c ) the circumstances of the property are unique;
(d ) the practical .difficulties are self- imposed ;
(e ) the diffi.c:ulty cannot be obviated by some
Southold Town Board of Appeals -7- July 16 , 1987 Regular Meeting
a
(Appeal No . 3624 - TARMIN decision , continued : )
method feasible for appellant to pursue other than a
variance ;
(f) the interests of justice will be served by
granting a conditional approval , as noted below.
Accordingly , on motion by Mr . Douglass , seconded by
Mr . Goehringer , it was
RESOLVED , to -APP.R.OVE the accessory gazebo structure
(11 ft. in diameter. :-and ._.at . a - h.eight . not.. to . exceed. 12 feet)
a_s._ applied ; ' S.UBJE.CT. '.TO. 'THE. '.FOLLOW.ING .COND.ITIONS :
1 . Accessory gazebo shall not be. located closer than
50 feet to the 36 . 2-ft. :elevation' (bluf.f) line , _:as applied;
2 . Accessory gazebo structure shall remain open , except
for screening ; and not enclosed at any time ;
3 . Accessory gazebo structure shall not be used at any
time for living or :slee.pi'ng .quarters ; _
4. Accessory gazebo. structure sh.a.11 be located in the
general area as shown. on the sketched site pl_an'_.(and not
.closer _... to. the dwe,lli�n�g on this property and neig.hbori'ng
properties ) --- _
5 . Proposed, 1 i gh:t.i ng , 'if .any , must be shielded to the
property (of .a 'mus_hroom-type ) ; and
BE IT FURTHER RESOLVED, that the request . for. - the .
construction of .deck/,pl atformJstai rs ;. 'BE AND. 'HER:EBY -IS
DENIED WITHOUT 'PRE.JUDICE, as ap.p•lied .
Vote of .the Board : Ayes : Messrs . Goeh.ringer , Grigonis ,
Doyen , Douglass and Sa.wi.cki . This res-olution was unani_mous'ly
adopted.
t
Southold Town Board of Appeals -8- July 16 , 1987 Regular Meeting
i'
DELIBERATIONS/DECISION : Appl . No . 3605 :
Application of TED DOWD for a Variance for Approval of Access
pursuant to New York Town Law ,. Section 280-a ,___ over_ a private right-
of-way located off the north side of the Main Road , Southold , and
extending to the applicant' s premises , identified on the Suffolk
County Tax Maps as District 1000 , Section 56 ,_. Block 1 , Lot .5 . 1.(5) ,
containing 7 . 3± acres .
Following deliberations , the Board took the following action:
WHEREAS , a public hearing was held and concluded on June 18 ,
1987 in the Matter of the Application of. 'TED DOWD under Application
_No . 3605 ; 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 concerni_ng.. 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 . This is an application for a Variance pursuant to the
Provisions of .New York. ._T_own Law , Section 280-a for approval of
access over a private right-_of-_w:ay extending_. from the north side
of the Main Road , Southold a distance of 1392± feet and 8± feet
wide .
2. The premises to which appellant is requesting approval
of access is presently unimproved _and _ contains atotal acreage
of .7 . 3± acres , identified on the Suffolk County Tax Maps as
District 1000 , Section 56 , Block. 1 , Lot 5 . 1 (5) . This access
road appl_i cati on does not re_fl ect. a reques-t for access to any
more than the one dwelling l_ot in question . - Adjacent to this
premises is a dwelling__ pres_ently owned by P. Kelley which also
gains access over- the w_esterly_ portion of this right-of-way .
3. After personal inspection of the right-of-way , it
is noted as follows :
Southold Town Board of Appeals -9- July ' 16 , 1987 Regular Meeting
e
(Appl . No . 3605 - DOWD 280-a , decision . continued : )
The present traveled road to the Kelley driveway is 8±
feet in width , consists of stabilized sand.., small gravel and
loam . Test hole depths between the Main (State )_ road and
railroad are 6± inches . Other depths of road materials from
railroad to Kelly driveway (north__.) about the same material
but at depths from three to four inches. Road surface at
present is in fair condition_. Railroad. crossing has exces-
sive grades (between 15 . 5% and 17 . 5%) which may cause inter-
ference with long-wheel base ve,hi..cles . Culverts at drainage
ditch crossi n._gs ._are wo_rki ng. The last 250± feet of the
1392± ft. length is cleared only and will require grading
_and updating.
4 . . It is the position of the Board members that
the improvements as noted below. are necessary for safe and
sufficient access by emergency and other' veh_icles under
the requirements of New York Town Law , Section._. 280-a .
The. Board does not feel that a waiver or reduction of
the requirements wo_uld___be within the best interests .of
the Town .
5 . In granting this limited 280-a approval , the
Board finds : (a ) the relief requested__ is _the minimal
necessary and is not subs.tan_tial in relation to the code
requirements ; (b) there w.i-ll be no substantial change
in the character of this district; (c ) the relief as
conditionally granted will not cause a substantial effect
or detriment to adjoinin.g_.properties ; (d) the circum-
stances of this appeal are unique and there - is no other
method feasible for appellant to pursue other than a
variance ; (e ) in view o_f the manner in which the
difficulty arose , justice will be served by allowing
the variance , as conditionally noted below._.
Accordingly , on motion by Mr . Grigonis , seconded
by Mr. Douglass ,_ J t was
RESOLVED , that a Variance pursuant to New York
Town Law , Section 280-.a , for approval of access for
premises identified on the Suffolk County Tax Maps as
District 1000 , Section 56 , Blo_ck., 1 , Lot _5 . 1 (5 ) ,_.
containing 7 . 3± acres , , as. applied..._ in the Application
Southold Town Board of Appeals - 10- July 16 , 1987 Regular Meeting
(Appl . No . 3605 - DOWD 280-a , decision continued: )
of TED DOWD , BE AND HEREBY IS 'APPROVED , SUBJECT TO THE
FOLLOWING CONDITIONS:
1 . This 280-a approval is limited requiring
improvements to the right-of-way in order to.. allow_
proper issuance of building permit (s ) for the future
construction on this 7'. 3± acre parcel of one dwelling ,
barn , and other incidental structures , in accordance
with all zoning regulations . This 280-a approval shall
not be deemed approval for any other parcels abutting _
this right-of-way which shall__ be subject to formal
application (.$ ) for 280-a updated access approval .-before
issuance of any building permits .
2 . Improvements , within the legal perimeter of
the right-of-way for a minimum width o_f ,ten ( 10) feet ,
as follows :
(a ) For the first 1142± feet , place a 2" compacted
surface of 3/4" _stone blend ;
(b) For the last 250± feet :
l : Remove topsoil 12" deep , replacing with
compacted material [containing 15_% _or� more. of smal l gravel ,
sand , and 15% or more of loam_] ; _
2 . place 2 " top course (compacted surface )
of 3/4" stone blend ( 10 feet wide ) ;
3 . profile to be submitted indicating how
this 250 ft. length of road will meet the present road as
updated ; __ pro_fi 1_e wi 11 indicate-- depth of replace materi al
which should not be --less than 6" ;
(c ) Grade road at railroad crossing with addi -
tional fill to provide grades not more than 1 : 10 [10%] with
1 on 4 si_de slopes . Fill to contain 15% or more o_f small
gravel , sand ._and 15% _or .more of loam .. Sloping areas to __
contain ground cover or similar _material_. to prevent wash outs .
3 . All trees and brush must be cleared a minimum of
10 feet in width and minimum height at 1.2 feet .
Southold Town Board of Appeals - 11 - July 16 , 1987 Regular Meeting
(Appl . No . 3605 - DOWD 280-a , decision continued : )
4 . Right-of-way to be continuously maintained;
5 . If right-of-way improvements are not constructed in
three years , this 280-a approval will automatically become
null and void .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki ._. This resolution was. unanimously
adopted .
ENVIRONME.NTAL 'DECLAR.ATIONS : On moti..on by Member Douglass,
seconded- by. :Chairman Goe ringer, it was
RESOLVED , 'to declare the following Environmental Declara-
tions in accordance with the. N . Y;. S . Enviro.nment.al Qu,ali�ty_
Review. Act (SEQ.RA) , -Section 6.1�_7 , 6 NYC.RR, and Chapter_44 of
the. Code of ,th_e' Town of South;o].d :
(a ) Appeal No . 3581 GEORGE 'D.' 'DAMIEN 'Type II ;
(b) A p'p-e.a-1- N o`. 3 6 3-9 = -,W I-L H-E L M `-F.R A N K E-N = :Ty p-e I I ;
(c ) Ap-pe.a-1 No-. 3645 _ -P-ALIL '-AN-D '.CH.AR-L.O.TT.E GAL.GAN-Type II ;
(d ) Ap-pea-1 No-. 3635 RT:HUR 'V. JUNG-E -: Type -I I-; -
(e ) A-p-pea-1 No . 3496 FREDERICK `KOE-iiLER , JR. - Type II ;
(f) Appea-1 No . 3642 - -DINA MASSO - Type II ;
(-g ) Appea-1 No . 3631 PUDGE CORP . - Unlisted SEQRA Action ;
( h ) Ap-peal No. 364-4 - FRE-DERICK WIGHTMAN/DAVID- FREY/JOSEPH
REINHART - Unlisted SEQRA_ Ac_tion ; . .
[continued on page 12]
-Southold Town Board of Appeals -12- July 16, 1987 Regular Meeting
(Environmental Declarations, Continued: )
(a)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination .bf Non-Significance
APPEAL NO. : 3581
PROJECT NAME: . G'EORGE D'.' 'DAM'I'EN ---
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 insufficient- area, width and
depth of two .parcels in this pending set-off division of land
LOCATION OF PROJECT: Town o.f Southold, County of Suffolk, more
particularly known as: Corners .of Jackson, Fifth_ and Main Streets,
New Suffolk, NY 1000-17-9-12
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 not directly related to new construction
as regulated by Section 617. 13 for a lot-line or area variance
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802 .
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
Southold Town Board of Appeals -13- July 16, 1987 Regular Meeting
(Environmental Declarations, Continued: )
(b )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3639
PROJECT NAME: 'W'I'LHELM FRANKEN
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: [g ] Type- II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Locate 25 ' x 25 ' accessory building in
sideyard with insufficient setback from existing bulkhead along Gull
Pond 'Inlet
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Osprey Nest Road., Greenport, NY
1000-35-6-22, 23, 24
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) Separating the project in question. from the waterfront or tidal
area is other construction and/or a bulkhead in good condition.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802 .
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
(3) Information has been submitted by applicant or his agent
indicating the project will not invo]we the disturbance of wetlands grasses
or areas subject to, flooding which may be considered wet,�ands.
me
Southold Town Board of Appeals -14 July 16, 1987 Regular Meeting
(Environmental Declarations, Continued: )
(c )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3645
PROJECT NAME: PAUL AND CHARLOTTE GALGAN
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: [g] Type- II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Construct additions 'to dwelling landward
of existing construction and within 75 feet of existing bulkhead along
Eugene' s Creek
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 4605 Stillwater Ave.-, Cutch-ogue, NY-
1000-137-03-05
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 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
(3) Information has been submitted by applicant or his agent
indicating that the project will not involve the disturbance of wetlands
grasses or areas subject to flooding which may be considered wetlands.
Southold Town Board of Appeals -15- July 16 , 1987 Regular Meeting
(Environmental Declarations, Continued: )
(d )
S.E.Q.R,A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3635
PROJECT NAME: ART'HU'R V.' JUN'G'E'
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: Establish electrical ushop use in this
"A-40" Residential and Agricultural Zoning District
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: C.R. 48, .Cutchogue,. NY 1000-96-1-19
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.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel . 516-
765-1809 or 1802 .
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
Southold Town Board of Appeals - 16- July 16, 1987 Regular Meeting
(Environmental Declarations, Continued: )
(e ) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3496
PROJECT NAME: FREDERI'CK KOEHLER, JR.
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: [-yj Type- II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Construct beach pavillon and attached deck-
within 75 feet of highwater mark and/or kandward edge of tidal wetland
along Peconic Bay
, LOCATION OF PROJECT: Town of Southold, County' of Suffolk, more
particularly known as:1000-117-03-06 575 Old Harbor Road, New Suffolk, 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) Separating the project in question from the waterfront or
tidal area is other construction and/or a bulkhead in good condition.
(3.) 117The11 relief requested is a setback variance as regulated by
Secti�R'RRTARR61�1��?f��T1�W1'APLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802 .
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
Southold Town Board of Appeals -17- July 16, 1987 Regular Meeting
(Environmental Declarations, Continued: )
M S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3642
PROJECT NAME: DINA MASSO
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:Construct accessory boathouse structure with
deck at the foot of the bluff and deck and new stairs along and at top
of bluff areas, all landward of existing wood bulkhead along Peconic Bay
. LOCATION. OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 5705 Nassau Point -Road, Cutchogue, NY
1000-111-13-04
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 or 1802 .
Copies of this notice sent to the applicant or his agent and posted
. on the Town Clerk Bulletin Board.
(3) Information• has been submitted 'by applicant or his agent
indicating that the project will not involve the disturbance of wetlands
grasses or area subject to flooding which may be considered wetlands
Southold Town Board of Appeals -18- July 16, 1987 Regular Meeting
(Environmental Declarations, Continued: )
(g) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3631..
PROJECT NAME: . . .PU'DGE' 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: [ .] Type✓ II [ y Unlisted [ ]
DESCRIPTION OF ACTION: Establish and construct - 7500 sq. ft.
building for insudtrical use in this "A" Residential and Agricultural
Zoning District
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: C.R. 48, Cutchogue, _ NY 1000-96-1-20
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.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals,.. Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802 .
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
Southold Town Board of Appeals _19_ July 16 , 1987 Regular Meeting
(Environmental Declarations, Continued: )
(h ) S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3644
PROJECT NAME: - FRED'E'R'I'C'K WI'GHTMAN/'DAVID' FR'EY/'JO'S'EPH 'REINHART
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: UUseBVariances for Limited Business (es) and/
or Interpretation of activities permitted- under Pre-C.O. uses
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Main Road, Peconic, NY 10.00-75-1-16
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 property in question is not located within 300 feet of
tidal wetlands or other critical environmental area.
(3) This is an application ttconcerning use of premises and is not
dire FURTHER INF RMA IUN trPYaS0 CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals,.- Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
Southold Town Board of Appeals -20- July 16 , 1987 Regular Meeting
(Environmental Declarations , continued : )
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Doyen , Douglass and Sawicki . This resolution was du.ly adopted .
CORRESPONDENCE: Letter dated July 6th received July 9th
fr. om . Mr. s . Margery M. Walker concern_ing.. Premises of RICHARD
ZEIDLER at Ed_gemere Park , Laurel . Th.e Board *Members, acknowledged
receipt and authorized the_ Ch.airman _jto...respond indicating that
this possible. -vtol ati on. is pre.sent7y. :be.i ng_ 'handl ed. 'by Special
Counsel. Francis J . Y.aka.bo.ski (pur.s,uant to. verbal com.p.1a.i_nts
to .the Bu,i l.di ng Department and. Mrs . Wa.l ker " s. pr;e_vious letters ) .
M�a; Yakaboski has had conferences with_ Mrs . Wa..lke.r concerning
this matter , 'and. it is our understanding that the Bay Constable
has taken ste.ps '.under Chapter 97 �of .the Wetlands Law—concerning
the violation_.. Any inquiries concerning, l'e_gal steps and
enforcement concerning zoning matters should ,be directed
through the Office of_..the. Town Attorney , 'Mr.' Yak.aboski , or
through the Office of the Building Department_ as the
enforcing agency of .zoning matters . It is not the �juris-
diction of this Board to _determine violations or institute
legal proceedings of this nature .
INSPECT.I.ON : Appeal No . . 3418 = GR.ETCH.EN 'HEIGL . The
Chairman_ asked.,. the _building-Department`,.Adm.i.nistr.a.tor to
inspect.-the subject right-of-w:ay and. accept same with
such addi:_tional improvements_ he.- feels are.. necessary.
The Chairman agreed that the base of the right-o.f-way is
acceptable for-- this one dwelling. Motion was made by
Chairman__ Go.ehringer , seconded by Member Sawicki , and. duly
carried , to �acce:-pt �the im�roVements as recently con-
structed subject 'to 'the Bui l'di ng, Inspector ' s. a_dditi'onal
r�.equi rements ; j f .an-y , and h.i s_ approval , before.. i s.sua_nce
of _t_he pend.ing .Certificate of Occupancy. _Vote of the
Board : Ayes : All .
CORRESPONDENCE: The Board Members acknowledged receipt
of a copy -of _correspondence . from - Jeffrey Levitt, ._Esi .
concerning ":"BBroadwat_ ers 'Cove _ Asso:ci'atio.n° to expand
docking faci-1 i t.i es , addre-ssed. to _Fr. anci.s-_'J . Murp`hy Supervisor
and makfng:-:refer into 'to the. 'Town, _Trustees_'Meeti_ng held.
.May '28 ;. 1-987. _ _.
Southold Town Board of Appeals -21 - July 16 , 1987 Regular Meeting
At this point in time , the Chairman declared the meeting
adjourned and called a Special Meeting to be held within the
next 10 days . Agenda it III (c ) and (f) , and IV will be
carried over to the next agenda . _
The meeting adjourned at 10 .- 35 o ' clock p .m.
Respectf.u.11y submitted ,
QFn;�daF. Ko .alski , Secretary
vSo.uthol_d. Town. Board of Appeals
pr.ove.d .-, August 0.5 198
Gerard' P....,Goehri nger, C airman
Southold, Town Board oK Appeals