HomeMy WebLinkAboutZBA-10/24/1991 f
APPEALS BOARD MEMBERS SUFFO(�COG SCOTT L.HAoRRIS
Supervis
r : Gerard P.Goehringer,Chairman =�
Charles Grigonis,Jr. c Town Hall,53095 Main Road
Serge Doyen,Jr. * ,? P.O.Box 1179
James Dinizio,Jr. Oy �� Southold,New York 11971
Robert A.Villa �J�l �a0 Fax(516)765-1823
Telephone(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, OCTOBER 24, 1991
A Regular Meeting was held by the Southold Town Board. of
Appeals on THURSDAY, OCTOBER 24, 1991 at . the Southold Town Hall,
53095 Main Road, Southold, New York:
Present were:
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. , Member
James Dinizio, Jr. , Member
Robert A. Villa, Member
Linda Kowalski, Board Assistant
Absent was: Serge Doyen, Jr. , F.I . Member (excused from
attendance) .
The Chairman opened the meeting at 7: 30 p.m._ and proceeded
with the public hearings on the agenda, noted below. For the
verbatim statements made at the hearings, please see transcripts
prepared under separate cover.
( 1) 7 : 35 p.m. Appl. No. 4060 - ANTHONY C. MEISEL. Variance
to the Zoning Ordinance, Article II, Section 100-30A.3 and
Article XXIV, Section 100-244 for permission to construct open
deck addition to existing dwelling with an insufficient front
yard setback. The lot area is nonconforming. in this R-40
Low-Density Residential Zone District. Location of Property:
1275 Fanning Road, New Suffolk, NY; County Tax Map District
1000, Section 117, Block 4, Lot 30.
( 2) 7:39 p.m. Appl. No. 4059. DOROTHY F. CAREY. Variance
to the Zoning Ordinance, Article III, Section 100-32 for
permission to construct proposed addition and deck with
insufficient frontyard setbacks. The subject parcel is known as
Lot 7 on the Map of Edgemere Park, is substandard in size, and
is located in the R-40 Zone District. Location of Property:
Corner of Edgemere Avenue and McDonald' s Crossing, Laurel, NY;
County Tax Map No. 1000-128-6-20.
( 3 & 4) 7: 52 p.m. NYNEX MOBILE COMMUNICATIONS/ARTHUR V.
JUNGE, INC. Appl. Nos. 4058 and 4062. Variance for
Page 2 - Minutes
Regular Meeting of October 24, 1991
Southold Town Board of Appeals
T �
insufficient setbacks and Special Exception to establish public
utility use and construct monopole radio tower and accessory
equipment-storage building at 21855 County Road 48, Cutchogue,
NY; County Tax Map No. 1000-96=1-19.1.
t
( 5) 8:18 p.m. Appl. No. 4061 - EDWARD T. ROUSE. Variance to
the Zoning Ordinance, Article XXVIII, Section 100-281, and
Article IIIA, Section 100-30A. 3, Bulk Schedule; for approval of
insufficient lot area and width of two parcels, each with a
preexisting single-family dwelling. Location of' Property:
Corner of Sterling Place and Champlin Place, Greenport, . NY;
Lot Kos. 60, 61, and 62 on the Map of John G. Champlin filed in
the Suffolk County Clerk' s Office as Map No. 337; County Tax
Map Parcel No. 1000-34-3-28.
(6) 8:25 p.m. Appl. No. 4028 - RICHARD AND LISA OLIVERI.
(Amended) Variance to the Zoning Ordinance, Article XXIII,
Section 100-239.4 for permission to locate new dwelling,
inclusive of deck and step areas, with a setback at less than 75
feet from the landward edge of the freshwater wetland. Location.
of Property: West Side of Crescent Avenue, Fishers Island, NY;
County TAx Map No. 1000-006-06720. 5, containing 2. 5 acres.
End of Hearings 9:15 p.m.
ENVIRONMENTAL DECLARATIONS:
On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was
RESOLVED, to declare the following Environmental Declara-
tions as noted on the following pages hereof, which declarations
are 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:
A. TYPE II ACTIONS (coordination and processing not
applicable) :
1. Appl. No. 4060 - Anthony C. Meisel
2. Appl. No. 4059 - Dorothy F. Carey
3 . Appl. No. 4058 - NYNEX
4. Appl. No. 4061 - Edward T. Rouse
(Continued on the next four pages)
Southold Town Board of Appeals -3- October 24; 1991
r-
APPEALS BOARD MEMBERS �` F01; _ SCOTT L.HARRIS
' Gerard P.Goehringer,Chairman ,�; i f'a i Supervisor
Charles Grigonis,Jr. Town Hall 53095 Main Road
Serge Doyen,Jr. P.O.Box 1179
James Dinizio,Jr.
Southold,New York 11971
Robert A.Villa ;�� Fax(516)765-1823
Telephone(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
October 24 , 1991
S,E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4060
Project/Applicants: MEISEL , ANTHONY
County Tax Map No. 10 0 0-1 1 7 a 4=3 0_-- '- .Y
Location of Project: . 1275 Fanning Road , New Suffolk
Relief Requested/Jurisdiction Before This Board in this Project:
Deck - Insufficient front yard setback
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should the
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617 .2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
tr
Southold Town Board of Appeals -4- October 24, 1991
APPEALS BOARD MEMBERS FOt,I- SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. Town Hall,53095 Main Road
Serge Doyen Jr. 6'
,,, �, 4{ P.O.Box 1179
James Dinizio,Jr. r3 ; r 4 i} Southold,New York 11971
Robert A.Villa `';�,` f;y "' Fax(516)765-1823
Telephone(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
October 24 , 1991
S.E.O.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4059
Project/Applicants: CAREY , DOROTHY
County Tax Map No. 1000- 128-6-19 ,20
Location of Project: Edgemere & McDonald ' s Crossing , Laurel
Relief Requested/Jurisdiction Before This Board in this Project:
Addition and deck with insufficient front yard setback
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should the__ —
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617 . 2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
( 516) 765-1809.
tr
Southold Town Board of Appeals -5- October 24, 1991
�razr�_
APPEALS BOARD MEMBERS SCOTT L.HARRIS
r�
r�ti �• Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. `=
Town Hall,53095 Main Road
Serge Doyen,Jr. nt
g Y 6 �' P.O.Box 1179
James Dinizio,Jr. .:
Southold,New York 11971
Robert A.Villa Fax (516)765-1823
Telephone(516)765-1809 7z � r.�r Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
October 24 , 1991
S,E.O.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4058
Project/Applicants: Nynex 'Mobil,e Communication
County Tax Map No. 1000- 96-1 -19. 1
Location of Project: 21855 'County Road 48 ; Cutch'o.gue
Relief Requested/Jurisdiction Before This Board in this Project:
Monopole radio tower and equipment building. Side and
rear, yard setbacks .
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should the "
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617 .2jj , . this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
tr
Southold Town Board of Appeals -6- October 24, 1991
APPEALS BOARD MEMBERS & ��(y, SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman ,
Charles Grigonis,Jr. r Town Hall,53095 Main Road
Serge Doyen,Jr. rt= P.O.Box 1179
James Dinizio,Jr.
Southold,New York 11971
Robert A.Villa Fax 516 765-1823
Telephone(516)765-1809 " Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
October 24 , 1991
. S.E.n.R.A.
TYPE II ACTION DECLARATION
Appeal No. 406.1
Project/Applicants: Edward T. Rouse
County Tax Map No. 1000-34-3-28
Location of Project: E/S STerl i ng Place & Champlain Place, Greenport
Relief Requested/Jurisdiction Before This Board in this Project:
Subdivide two lots with insufficient area, depth and width
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should the
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information,_ please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
tr
Southold Town Board of Appeals - 7 - October 24, 1991 Regular
Meeting
DELIBERATIONS/DECISION:
Appl. No. 4061. ,
ACTION OF THE BOARD OF APPEALS
Upon application of EDWARD T. ROUSE. Variance to the
Zoning Ordinance, Article XXVIII, Section 100-281, and Article
IIIA, Section 100-30A.3, Bulk Schedule, for approval of
insufficient lot -area and width of two parcels, each with a
preexisting single-family dwelling structure. Location of
Property: Corner of Sterling Place and Champlin Place,
Greenport, NY; Lot Nos. 60, 61 and 62 shown on the Map of
John G. Champlin filed in the Suffolk County Clerk' s Office as
Map No. 337; County Tax Map Parcel No. 1000-34-3-28.
WHEREAS, a public hearing was held on October 24, 1991, and
all those who desired to be heard were heard and their testimony
recorded (there was no opposition .during the hearing) ; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, Board Members have personally viewed and are
familiar with .the premises in question and the surrounding
areas; and ---
WHEREAS, the Board made the following findings of fact:
1. The subject premises is a parcel of land consisting of
a total area" of 11,514 sq. ft. , with a frontage of 119.57 feet
along the northerly side of Champlin Place and 99.42 feet along
the easterly side of Champlin Place in the Hamlet of Greenport,
Town of Southold.
2. The premises which is the subject of the pending
two-lot division of land:
(a) is under today' s zoning requirements a
nonconforming lot in this R-40 Low-Residential Zone District;
(b) is improved with two principal structures as
more particularly shown on the plan prepared by Roderick
VanTuyl, P.C. dated August 29, 1989 and described as: {1} a
two-story frame building; which prior to October 7, 1988 was a
retail grocery store - now abandoned; {2) one-story frame
Southold Town Board of Appeals - 8- October 24, 1991 Regular
Meeting
Appl. No. 4061 - ROUSE Decision, continued:
house for single-family dwelling use; {3} also shown in an
accessory mixed garage/shed structure situated approximately two
feet (permitted nonconformity) from the rear northerly property
line.
3 . Article X, Section 100-102, (Bulk Schedule) of the
zoning code regulations (as amended January 10, 1989)
requires: (a) a minimum lot depth of 150 feet; (b) a minimum
width of 150 feet; (c) minimum lot area as exists, in toto for
when applicable to conforming lots, a minimum of 40,000 sq. . ft. ,
all per lot.
4. The relief sought by this appeal application are
variances for approval of:
(a) proposed easterly tract of land with dimensions
of 45. 0 feet (road frontage) by 98. 47 feet depth, or 4,207+- sq.
ft. - with the existing residential structure;
(b) proposed westerly tract of land with dimensions
of 74. 57 feet along Champlin Place and 99. 42 feet along Sterling
Place, or 7,300+- sq. ft.
5. For the record, it is also noted:
(a) that the subject premises is also shown on the
1873 subdivision map filed as Map No. 337 (Map -of John G.
Champlin) filed in the Suffolk County Clerk' s Office. The 1873
map does show the premises as three 37 ft. by 119 ft. lots.
This map has not been. excepted by the Town as to the lot area
and width for each lot, and the land has been in common
ownership since prior to the enactment of zoning (1957) ;
(b) that each principal structure is connected to
village water and sewer systems; .
(c) that the use of each of the two subject principal
structures will be as single-family dwelling uses {the owner has
indicated that he has a buyer for each of the lots and it is the
buyer' s intention to use each for single-family occupancy only) .
6. In considering this application, the Board also finds
and determines: (a) the relief as granted is substantial in
relation to the requirements; (b) the evidence submitted and
practical difficulties claimed are sufficient to warrant a grant
of this variance; (c) there will be no substantial change in
the character of the neighborhood, and a precedent would not be
set since the physical characteristics of the land and buildings
have existed since before the enactment of zoning in 1957;
(d) the difficulties cannot be obviated by some method feasible
to the appellant to pursue, other than a variance;
(e) that
Southold Town Board of Appeals - 9 - October 24, 1991 Regular
Meeting
Appl. No. 4061 _ ROUSE Decision, continued:
in view of the manner in which the difficulties arose, and in
considering all the above factors, the interests of justice will
be served by granting the variance, as conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Villa, it was
RESOLVED, to GRANT ALTERNATIVE RELIEF, (as further noted
below) , in the Matter of the Application of EDWARD T. ROUSE
under Appl. No. 4061, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That covenants in recordable form be filed with the
Suffolk County Clerk' s Office (with copies furnished to the
Board of Appeals) restricting the property to "no further
subdivision or increase in density. "
2. That the division lot�"'centered between the two
principal buildings be drawn as shown on the draft sketch
(attached for reference purposes) so that all of the concrete
steps and/or concrete walkway will remain on the westerly lot,
not protruding onto the easterly lot, and:
(a) that a setback of five feet between the existing
shed/garage structure to the center divisision line be provided
and that the north/south line be drawn from the most northerly
point south approximately 59 feet, thence running in an easterly
direction to the edge of the driveway; thence southerly approxi-
mately 40 feet along the outer edge of the driveway to the
property line along Champlin Place;
(b) that the easterly lot have a width (frontage)
along Champlin Place of 45 feet minimum and have a northerly
property line width of 45 feet minimum;
(c) that a survey be prepared by a licensed surveyor
and submitted to the Board of Appeals for acceptance of the
layout described above.
Vote of the Board: Ayes: Messrs. Goehringer,' Grigonis,
Dinizio and Villa. . (Member Doyen of Fishers Island was excused
from attendance. ) This resolution was duly adopted.
lk
GERARD P. GOEHRINGER, CHAIRMAN
Southold Town Board of Appeals -10 - October 24, 1991 Regular
Meeting
DELIBERATIONS/DECISION:
ACTION OF THE BOARD
Appl. No. 4028.
Upon amended application of RICHARD AND LISA OLIVERI.
Variance to the Zoning Ordinance, Article XXIII, Section
100-239. 4 for permission to locate new dwelling, inclusive of
deck and step areas, with a setback at less than 75 feet from the
landward edge of the freshwater wetland. Location of Property:
Westerly side of Crescent Avenue, Fishers Island, NY; County Tax
Map No. 1000-006-06-20. 5, containing 2. 5 acres.
WHEREAS, a public hearing was held on October 24, 1991, and
at said hearing, all those who desired to be heard were heard and
all testimony (pro and con) recorded ;
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question and the surrounding areas;
and
WHEREAS, the Board made the following findings of fact:
1. By this application, appellants seek a variance under
Article XXIII, Section 100-239. 4C for permission to locate a
portion of a proposed new dwelling within 75 feet of the nearest
line to the freshwater wetlands, to a setback at its closest
point 39 feet, all as shown on the revised plan lastly dated
August 13, 1991 (submitted October 9, 1991) and prepared by
Chandler, Palmer & King.
2. The premises in question is identified on the Suffolk
County Tax Maps as District 1000, Section 6, Block 6, Lot 20.5
and contains a total lot area of 2.38+- acres. This parcel is
presently vacant.
3 . The dwelling as proposed on the August 13, 1991 plan is
shown to be 20 feet from the closest line at the northwesterly
section of the property, at 75 feet from the westerly (rear)
property line, and at not less than 39 feet from the line
delineating "edge of pond," all at their closest points.
4. Article XXIII, Section 100-239.4C of the Zoning Code
requires all buildings and structures located on lots adjacent to
0outh.old Town Board of Appeals -11 - October 24, 1991 Regular
Meeting
any freshwater body shall be set back -not less than seventy-five
(75) feet from the edge of such water body or not less than
seventy-five (75) feet from the landward edge of the freshwater
wetland, whichever is greater.
5. For the record it is also noted that the practical
difficulties are uniquely related to the land and are sufficient,
in the board' s opinion, to warrant a grant of a variance as
requested from the proposed 39 ft. distance to the freshwater
wetlands line.
6. Also reviewing and approving this project are the
following:
(a) the N.Y.S. Department of Environmental
Conservation under Permit Amendment No. 1-4138-00189/00001-0
dated September 10, 1991, conditionally approving same;
(b) the Suffolk County Department of Health Services
under No. 90-S0124 dated November 28, 1990, approving well and
septic system locations and distances from the dwelling structure;
(c) the Southold Town Trustees as amended October 4,
1991 under Permit No. 3866 for the dwelling relocation.
7 . In considering this application, the Board also finds:
(a) there is no alternative feasible for appellants to
pursue other than a variance, either due to insufficient distance
to the wetlands line, or- rear yard or side yard setbacks;
(b) the location of the dwelling structure at a
higher elevation of the property is most reasonable, providing a
distance of 150+- ft. to the neighboring residences from any
direction;
(c) the relief requested is the minimum necessary to
afford relief under the circumstances - the actual depth of the
house, exclusive of deck and porch areas, is shown to be 28
feet;
(d) the relief as requested and amended will not alter
the essential character of the neighborhood -. the original plan
showed a much closer setback to the neighboring parcels, and the
amended plan provided more of a screened "buffer" area allowing
more privacy {less visibility) from the area residences;
(e) the grant of the relief as requested and amended
will not in turn be adverse' to the safety, health, welfare,
comfort, convenience or order of the town, or be adverse to the
neighboring properties;
Southold Town Board of Appeals -12- October 24, 1991 Regular
Meeting
(f) in view of all the above, the interests of justice
will be served by granting the variance as amended, ' and condi-
tionally noted below.
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a variance for the construction of a new
dwelling structure at a distance of at least 20 feet from the
nearest (northerly) side property line, at least 75 feet from the
rear (westerly) property line, and at not more than 39 (39+-)
feet from the freshwater wetlands line as depicted on the plan
prepared by Chandler, Palmer & King revised August 13, 1991,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. There shall not be any more than a 10-ft. overcut around
the side and rear of the dwelling, and ;
2. The trees beyond the 10 ft. overcut at the side
(northerly) yard and at the rear (westerly) yard shall remain and
be properly maintained, and additional screening (with 6 ft. high
evergreens, or the like) shall be placed within the remaining
rear and side yard area.
(All roof runoff from the structure(s) must. be properly
retained. )
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Dinizio and Villa. (Member Doyen, of Fishers Island, was
absent/excused. ) This resolution was duly adopted.
lk
Southold Town Board of Appeals - 13- October 24, 1991 Regular
Meeting r
DELIBERATIONS:DECISION.:
ACTION OF THE BOARD OF APPEALS
Appeal No. 4060:
Application for ANTHONY C. MEISEL. Variance to the Zoning
Ordinance, Article III, Section 100-30A.3 and Article XXIV,
Section 100-244, for permission to construct open deck addition
(to existing dwelling) with an insufficient front yard setback.
The lot area is nonconforming in this R-40 Low-Density
Residential Zone District. Location of Property: 1275 Fanning
Road (also referred to as Fisher Road or Charlie' s Lane) , New
Suffolk, NY; County Tax Map District 1000, Section 117, Block
4, Lot 30.
WHEREAS, a public hearing was held on October 24, 1991 and
at said hearing all those who desired to be heard were heard and
their testimony recorded (no opposition was received) ; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, the present use and zone
district, and ,the surrounding areas; and
WHEREAS, the Board made the following findings- of fact:
1. The premises in question:
(a) is a parcel of land situate at the intersection of
the north side of Fanning Road and the west side of New Suffolk
Road (C.R. 26) , and contains the following nonconformities:
lot area at 10,600+- sq. ft.
lot depth at 75 feet;
(b) is improved with a one-story, single-family
dwelling structure set back 35. 8 feet from the front property
line along Fanning Road and 50.2 feet from the front property
line along New Suffolk Road. A Certificate of Occupancy was
issued for the same on October 26, 1976 as per Building Permit
No. 8826.
• j.
'Page 14 - Appl. No. 4060
Matter of ANTHONY C. MEISEL
Decision Rendered October 24, 1991
(c) is located in the R-40 Zone District as adopted
by the Master Plan of January 10, 1989. Minimum requirements
applicable to this substandard parcel under Section 100-244 of
the current zoning code are: (1) lot depth 100 ft. (2) front
yard setback 35 feet; ( 3) minimum side yard at 10 feet;
( 4) rear yard at not less than .35 feet {as established in the
northerly yard area) , and (5) lot width at 80 feet.
2. By this application, appellant has proposed a 12' deep
by 20' wide one-story deck addition, with lattice sides, which
protrudes approximately 9. 8 feet from the westerly front portion
of the dwelling structure at its closest point, leaving a
setback at 26 feet (rather than 35 provided in the relief
schedule, Section 100-244B) .
3. The amount of relief requested by this application is
that area less than 35 feet from the front property line, to
wit, that portion 9.8 feet forward of the house.
4. In considering this application, the Board also finds:
(a) that the variance is not adversely affecting the
essential character of the neighborhood;
(b) that the variance will not in turn be adverse to
the safety, health, welfare, comfort, convenience or order of
the town, or be adverse to neighboring properties;
(c) that the addition is for an open deck (with
lattice sides, but not permanently enclosed or roofed) , which is
not major and will not create an increase in any dwelling unit
density or cause a substantial effect on available governmental
facilities;
(d) that there is no other alternative feasible for
appellant to pursue;
(e) in considering all of the above factors, the
interests of justice will be served by granting alternative, as
conditionally noted below.
Accordingly, on motion by Mr. Villa, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT the variance requested under
Appl. . No. 4060 (Anthony Meisel) for a reduction of the existing
35. 8 ft. setback by 9. 8 feet in the front yard, to the requested
26 feet to the westerly front property line, SUBJECT TO THE
FOLLOWING CONDITIONS:
Page 15- Appl. No. 4060
Matter of ANTHONY C. MEISEL
Decision Rendered October 24, 1991
1. That the deck addition shall remain open and unroofed,
as shown by this application, (except that lattice sides and
hand rails will be permitted to remain) ; and
2. That there shall be no permanent enclosure of the deck
addition (plexiglass or otherwise) , other major alteration or
structural change or placement of a roof;
3 . That there be no modification or change to the subject
deck without reapplication to the Board of Appeals for
consideration;
4. That the lattice deck shall not be closer than 26 feet
to the front property line along Fanning Road (as applied) .
VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Grigonis,
Dinizio and Villa. (Member Doyen, of Fishers Island, was
absent. ) This resolution was duly adopted.
SEQRA RESOLUTION: On motion by Mr. Goehringer, seconded
by Mr. Dinizio, it was
RESOLVED, to declare the following additional Environmental
Declarations as noted on the following pages hereof, which
declarations are 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:
SEQRA declarations - new applications filed since 10/9:
1 .1. Lead Agency and Unlisted Action Designation:
Appl. No. 4063 - Peter and Marie Pizzarelli.
2. Type II Project Designation - Appl. No. 4064 -
William and Joellyn Ahmuty. (No coordination or
other declaration at this time. )- .
(continued on next two pages)
' Southold Town Board of Appeals -16- October 24, 1991
APPEALS BOARD MEMBERS SCOTT L.HARRIS
p:� ;::rn s .r s�a•
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. t`ay'' � 4: �� Town Hall,53095 Main Road
Serge Doyen,Jr. P.O.Box 1179
James Dinizio, Jr. Southold,New York 11971
Robert A. Villa BOARD OF APPEALS Fax(516)765-1823
Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800
SEQRA UNLISTED ACTION DECLARATION
October 24 , 1991
Appeal No. 4063 Project Name: Peter and Marie Pi zzare l l i
County Tax Map No. 1000-98-5-3
Location of Project: 5 710 Indian Neck Lane , P e c o n i c
Relief Requested/Jurisdiction Before This Board in this Project:
Cooking facilities in guest cottage .
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. *
An Environmental Assessment (Short) Form has been submitted with the
subject application indicating that no significant adverse environmental
effects are likely to occur should be project be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
{ `X} this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRA Action, and has
declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{ } this Board refers lead agency status to your agency since the.
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do ,not wish to assume lead agency status within 15 days of this letter, we
will assume _ you have waived same, and we will be required to proceed as
Lead Agency. )
For further information, please contact the Office of the Board of
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
tr -
- Southold Town Board of Appeals -17- October 24, 1991
APPEALS BOARD MEMBERS � �U�rFOC�� SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. a
,:
Town Hall,53095 Main Road
Serge Doyen,Jr. P.O.Box 1179
James Dinizio Jr.
' Southold,New York 11971
Robert A.Villa
Fax(516)765-1823
Telephone(516)765-1809 y Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
October 24 ,. 1991
TYPE II ACTION DECLARATION
Appeal No. 4064
Project/Applicants: William Ahmuty
County Tax Map No. 1000- 53-6- 10
Location of Project: 3405 Bayshore Rd. , Greenport , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct addition to 'existing dwelling within 75 '. of bulkhead
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj . '
For further information, please contact the Office of the
Board of Appeals, Town Hall, -Main Road, Southold, NY 11971 at
(516) 765-1809.
me
- Page 18 - Agenda
Regular Meeting - October 24, 1991
Southold Town Board of Appeals
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Dinizio and Villa. (Member Doyen of Fishers Island was excused
from attendance. ) This resolution was duly adopted.
HEARINGS FOR NEXT MEETING: On motion by Mr. Goehringer,
seconded by Mr. Dinizio, it was
RESOLVED, that the following matters be and hereby are
scheduled to be held for public hearings at the Southold Town
Hall, 5309-5 Main Road, Southold, NY on THURSDAY, NOVEMBER 21,
1991:
1. Appl. No. 4064 - William and Joellyn Ahmuty
2. Appl. No. 4063 - Peter and Marie Pizzarelli
3 . Appl. No. 4039 - Cliffside Associates.
(Interpretation only)
4. Appl. No. 3970 - McDonald' s Corporation.
(Data from applicant' s representatives expected to
be submitted prior to conclusion of hearing or
written record. ) S/s Main Road, Mattituck.
5. Other new applications, at the discretion of the
Chairman prior to the advertising deadline; and
BE IT FURTHER RESOLVED, that Linda Kowalski is hereby
authorized and directed to advertise notice of same in the local
and official newspapers of the Town, to wit: Times-Review and
L.I. Traveler-Watchman, Inc. not later than five days thereto
( i.e. November 15th or before) .
Vote of the 'Board: Ayes: Messrs. Goehringer, Grigonis,
Dinizio and Villa. (Member Doyen of Fishers Island was excused
from attendance. ) This resolution was duly adopted.
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting
adjourned. The meeting adjourned at approximately 9: 45 p.m.
Respectfully submitted,
ind owa ski is FILED BY
TIIE SOFT t �TQ1;TN C"ERK
Approved - hec'erfrber 16 1991 DATA,�, , IOUR
Town Cleriz, Town of Southold _