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HomeMy WebLinkAboutZBA-11/08/1993 �, r= � c APPEALS BOARD MEMBERS g�FFO(� �O�' �G SCOTT L.HARRIS Supervisor Gerard P.Goehringer, Chairman y Z Serge Doyen,Jr. _ Town Hall, 53095 Main Road James Dinizio,Jr. P.O.Box 1179 Robert A.Villa col �a Southold, New York 11971 Richard C.Wilton Fax (516) 765-1823 Telephone (516)765-1809 BOARD OF APPEALS Telephone (516)765-1800 TOWN OF SOUTHOLD M I N_ U T E S REGULAR MEETING MONDAY, NOVEMBER 8, 1993 7: 15 p.m. Work Session - File Reviews - No action was taken. 7:30 p.m. Regular Meeting - Call to Order by Chairman A Regular Meeting was held by the Southold Town Board of Appeals on MONDAY, NOVEMBER 8, 1993 commencing at 7: 30 p.m. at the Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman/Member Serge J. Doyen, Member James Dinizio, Jr. , Member Robert A. Villa, Member Richard C. Wilton, Member Linda Kowalski, Clerk Approximately 60 persons were present in the audience qt the commencement of the meeting. I. The following matters were held for PUBLIC HEARINGS, noted as follows: 7: 40-8: 30 p.m. Appl. No. 4199 - PETER PSYLLOS. Variance to the Zoning Ordinance, Article III, 'Section 100-33 and Article XXIII, Section 100-231 for permission to locate proposed tennis court structure enclosed with ten-foot high fencing in the front yard area. Location of Property: 2867 Ruth Road, Mattituck, NY; County Tax Map Parcel No. 1000-106-1-1.11. Rudolph H. Bruer appeared as attorney, with the applicants, Mr. and Mrs. Peter Psyllos. Opposition was submitted by the owners of the adjacent parcel to the west, Mr. and Mrs. Warren Brady. (See transcript prepared under separate cover for statements made and testimony by John Guidi (engineer) and Robert Kennelly (house mover) in support of their opposition. ) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Villa, to recess the hearing pending receipt of a topographical map of the applicant' s property in order to determine effects, if any, on neighboring properties for the proposed tennis court. The ` Page 2 - ft,nutes Southold Town Board of Appeals Regular Meeting of November 8, 1993 (Public Hearings, continued: ) hearing was recessed until December 8th, 1993, pending the results of the topo map. Vote of the Board: Ayes: All. 8 : 30 p.m. Appl. No. 4200 - JOHN E. ANDRESEN AND OTHERS. Request to amend Special Exception under Article III, Section 100-31B(10) to include new large-animal wing for overnight treatment and care and other revisions as 'shown on the site plan map amended September 131 1993 . The Special •Exception provided for a one-story, 3,584 sq. ft. veterinary office use. The new plan shows a total floor area of 4,598 sq. ft. at one-story height. Location of Property: 1625 Main Road and Franklin- ville Road West, Laurel, NY;' District 1000, Section 127, Block 2, Lot 5.1. The area of this parcel is nonconforming at 59,984 sq. ft. in this R-80 Residential Zone District. Peter Danowski, Esq. appeared in behalf of the applicants. Mr. and Mrs. John Andresen and Mr. and Mrs. Chuck Timpone were also present, as well as Mr. Anshutz who supports the amended application. After all statements were received, the following action was taken: (Continued on next page) i r Page 3 - Minutes ►outhold Town Board of Appeals Regular Meeting of November 8, 1993 The following determination is an amendment to the earlier decision of the ZBA rendered under SE *4187: ACTION OF THE BOARD OF APPEALS Appl,. No. 420.0-SE. Application of JOHN E. ANDRESEN and others as contract vendees. This is a request -to amend Special Exception under Article III, Section 100-31B( 10) to include new large-animal wing (animal hospital) and other revisions as shown on the site plan map amended September 30, 1993 . The original Special. Exception plan provided for a one-story, 3,584 sq. ft. building for veterinary office and uses related to the veterinary clinic. The new plan shows a total floor area of 4,598 sq. ft. at one-story height. Location of Property: 1625 Main Road and Franklinville Road West, Laurel, NY; District 1000, Section 127, Block 2, Lot 5. 1. The area of this parcel is nonconforming at 59,984 sq. ft. in this R-80 Residential Zone District. WHEREAS, after due notice, a. public hearing was held on November 8, 1993, and 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 concerning 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. By this application, applicants are proposing to amend . the Special Exception establishing a new veterinarian office and animal hospital at vacant premises (presently owned by Thomas N. Anshutz, Jr. ) and more particularly referred to as 1625 Main Road, Laurel, New York, identified on the Suffolk County Tax Maps as District 1000, Section 127,- Block 2, Lot 5.1. The applicants are contract vendees. under an executed contract of sale dated June 9, 1993 between John Andresen, Maribeth Andresen, Charles Timpone, Debra Timpone, and the current owner, Thomas N. Anshutz, Jr. (which contract was confirmed to be extended to the present time period) . Page 4 - Appl. No. 4200-SE as Amended Matter of John Andresen and Others Y Decision Rendered November 8, 1993 2. Article III, Section 100-31B( 10) authorizes by approval of the Board of Appeals, (and subject to site plan approval by the Planning Board): . . . a veterinarian office and animal hospital, subject to the following requirement: (a) The housing of all animals shall be- in a fully enclosed structure, if nearer than one-hundred fifty (150) feet to any lot line. . . . 3 . The subject premises consists of a total lot area of 59,984 square feet (1.377 acres) with street frontage along three sides: to the north and west along Franklinville Road West (a/k/a S.H'. 8181) , and to the south 370+- feet along New York State Highway 25 (a/k/a Main Road) . - This property is presently vacant and is densely wooded with high, natural berm areas. 4. The applicants have submitted an amended site plan map last revised 9-2-93 prepared by E.S. Kalogeras, P.E. showing an expansion of 1,014 sq. ft. for a proposed one-story animal wing, for a total requested floor area of 4,598 sq. ft. The building is proposed at one-story height, and at a Regular Meeting held October 25, 1993 the applicants received conditional site plan approval from the Town Planning Board subject to certification by the Building Inspector as. required by the Southold Town Zoning Code. As of this date, the Building Inspector has not certified the plan, pending the outcome of the final determination on the Amended Special Exception application (which was also filed on October 25, 1993) . 5. The plans before the Board indicate that the existing natural wooded areas and high elevations (berms up to 28 ft. high) along the southerly and westerly yard areas will remain undisturbed. The principal building, as proposed and shown on this new plan, for the veterinarian office and animal hospital uses is shown to be situated as follows: (a) Setback at 84+- feet from the northerly front property line (the minimum requirement is the same for a principal dwelling structure at 60 feet) ; (b) Setback at 105 feet from the westerly front property - line, at its closest point; (c) Setback at not less than 30 feet in the southerly front property line at its closest points {Note: An. appeal for a relief from this front yard was filed simultaneously with this application - see Appeal No. 4186) . Page 5 - Appl. No. 4200-SE as Amended Matter of John Andresen and Others Decision Rendered November 8, 1993 6. It is noted for record purposes that although the size of this property is nonconforming in this R-80 Residential Zone District, the property is quite suitable and does adequately provide for parking and other site plan elements necessary for this project. Additionally, applicants are satisfied with the characteristics of this parcel and have assured the Town of their intentions to comply with all provisions of the Zoning Code pertaining to this proposed use of the building and screened/buffered areas. 7. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; ( 3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (a) through ( 1) of Article XXVI, Section 100-263 A through F ("standards" ) , and Section 100-264, A through P ("other considerations" ) , applicable to special exception reviews. The Board agrees that the use of the building, as proposed herein, meets all standards and conditions prescribed in the Southold Town Zoning Code for such land use. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT an 'Amendment under the. Special Exception (Special Permit) for a proposed building of 4,600+- square feet with occupancy as a Veterinarian Office and Animal. Hospital, as requested and provided by Article III, Section 100-31B(10) of the Zoning Code, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Medical treatment of animals must be conducted internally, inside the principal building; 2. This use granted under this Special Exception is limited to a"Veterinarian Office and Animal Hospital" Uses within the interior of the principal building. 3 . Any future proposal for the outside keeping, breeding, boarding, and/or treating of animals, or similar activity, will require an additional Special Exception application and approval by the Board of Appeals. 4. The applicants shall furnish a final site plan map, as approved by the Southold Town Planning Board, for permanent recordkeeping purposes to the Office of the Board of Appeals before commencement. of construction activities. 5. The front yard setbacks from the southerly property i ne al ang NYS Route 25 shall not be less than 30 feet. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. Page 6 - Minutes Southold Town Board of Appeals Regular Meeting of November 8, 1993 HEARINGS CALENDAR FOR DECEMBER 8, 1993 : On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to authorize advertisement of the following matters for public hearings to be held at a Regulr Meeting of the BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on WEDNESDAY, DECEMBER 8, 1993 : Appl. No. . 4202 - ROBERT OBERLIN. Accessory shed in front yard at 805 Oak Drive (also Birch Avenue) , Southold; 1000-77-1-20.2. Nonconforming sized parcel - R-40 Zone ,District. Appl. No. 4203 - ROBERT E. BIDWELL. Special Exception for existing activities and expansion. to include separate winery building. C.R. 48, Cutchogue. A/C Zone District. Appl. No. 4205 - SAL AND GERMAINE VINDIGNI. Enclosed porch addition. ' Excessive lot coverage. 1440 Gillette Dr, East Marion. Appl. No. 4204 - JOHN CROKOS. Variance for amended location of. pool and' deck areas. Orient. Appl. No. 4206 - GARY AND CAROL FISH. Accessory Apartment in conjunction with their residency in this existing principal building. 955 Deep Hole Drive, Mattituck. Other hearings which do not require a second advertisement since they were recessed during the conduct of the November 8, 1993 hearing to December 81 1993 by the Board: Appl. No. 4199 - PETER PSYLLOS. Variance to the Zoning Ordinance, Article -III,' Section 100-33 and Article XXIII, Section 100-231 for permission to locate proposed tennis court structure-enclosed with ten-foot high fencing in the front yard area. Location of 'Property: ' 2867 Ruth Road, Mattituck, NY; County Tax Map Parcel No. 1000-106-1-1. 11. Appl. No. 420.1 - NORTH FORK COUNTRY CLUB. (Recessed from this evening until December 8th' or other date as may be determined) . Appl. No. 4195 - PETROL STATIONS LTD. Carryover from October 18, 1993 meetingj . Map to be re-drawn - and reviewed as to necessity of variances by Building Inspector. (Additional , carryover may be required. ) Vote of the Board: Ayes: Messrs. Goehringer, 'Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. Page 7 - Minutes Southold Town Board of Appeals Regular Meeting of' November 8, 1993 I. PUBLIC HEARINGS, continued: 8:45 p.m. Appl. No. .4201 - NORTH FORK COUNTRY CLUB. Variance under Article XXIII, Section 100-231 for permission to build berm along the westerly side of' Moore's Lane (a/k/a Linden Avenue) , Cutchogue, and to build tee along the easterly side of Moore' s Lane; Cutchogue, both at a height above four-feet when located along' or near the front property line. Location of Property: 25320 Main Road and Moore's Lane, Cutchogue; Section 109, Block 3 , Lot 9, and Block 4, Lot 7.1. Rod Dickerson (greenskeeper) appeared in behalf of the application. Adjoining property owner, John Duall, spoke about safety concerns after the berm is placed, as did another adjoining .property owner, Bette Ross - who felt the golf balls would hit harder after hitting the berm and bounce into other areas. (Please see transcript of hearing prepared under- separate cover for entire verbatim testimony. ) After receiving. testimony, motion was made by Chairman Goehringer, seconded by Member' Villa, and duly carried, to recess the hearing pending additional consideration at the Country Club' s next membership meeting. The hearing was recessed until December 8, 19,93 . 9: 00 p.m. Appl. No. 4191 - BECKY JOHNSTON Hearing reconvened (continued from 10/18/93) . This pertains to the applicant' s request for a Variance under New York Town Law, §280-A, for acceptance of minimum standards of improvements over new easement right-of-way areas, as modified since the prior Appeal Hearing/Determination rendered 9/11/86 (Appl. 3478. ) Right-of-Way off N/S Oregon Rd, Cutchogue. The applicant appeared with her new contractor, Richard Corazzini. Also present was Ted Bokina and family members who expressed concerns about buried electrical lines. Mrs. Johnston indicated that she understood there were no electrical lines within the easement areas of the right-of-way, and she agreed to have someone confirm this fac y t privately She believes the electric lines were buried to the north of the right-of-way in the wooded brush area. Mr. Corazzini indicated he also was concerned but would borrow a metal detector and test the ground areas before digging. (Please see written transcript of verbatim testimony prepared under separate cover, filed with the Town Clerk' s Office. ) Following testimony, motion was made by Chairman Goehringer, seconded by Member Villa, and duly carried, to close (conclude) the hearing, pending deliberations and discussion among the Board Members. POSTPONEMENT was granted concerning Appl. No. . 4195 - PETROL STATIONS LTD. (Additional time was requested by applicant's attorney to reconvene on December 8, ' 1993 . (The initial hearing of 10/18/93 was postponed pending the outcome of Building Inspector'.s determinations under revised subdivision plan as agreed by the attorneys. ) End of Public Hearings. Minutes Page g - Appl. No. 4191 Matter of BECKY JOHNSTON ( 280-A) Decision Rendered November 8, 1993 Appl. No. 4191. ACTION OF THE BOARD OF APPEALS Upon Application of BECKY JOHNSTON for a Variance under the provisions of New York Town Law, Section 280-A, for acceptance of minimum standards of improvements over new easement right-of-way areas, as modified since the prior Appeal Hearing and Determination rendered under Appl. No. 3478 on 9/11/86. Location of Right-of-Way or Easement Area: Commencing at. a point along the north side of Oregon Road, Cutchogue, along the westerly side of lands of Bokina, over . lands now or formerly of William J. Baxter and others identified as Lot 1.9, Block 1, Section 72, extending northerly approximately 1035 feet, to a point, thence running in an easterly direction approximately 563 feet to the applicant's parcel of land identified as Lot 1, Block 2, Section 73, District 1000, all as shown by survey amended . June 17, 1992, prepared by Roderick VanTuyl, P.C. WHEREAS, a public hearings were held on October 18, 1993 and November 8, 1993, at which time those who desired to be heard were heard and their testimony recorded (see transcripts of hearings prepared under separate cover, the original of which is filed with the Town Clerk' s Office) ; 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, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. RELIEF REQUESTED. This application is an appeal for for a determination as to the standards of improvements necessary over two portions of this private right-of-way, noted as follows: a) The portion which extends in a northerly--direction from Bridge Lane Extension (at intersection with Oregcn Road) , over land now of Stanley Wernick (prev. Baxter) extending • Minutes Page 9 . - Appl. No. 4191 Matter of BECKY JOHNSTON ( 280-A) Decision Rendered November 8, 1993 approximately 1860 feet northerly, for a width of 20.15 feet as more particularly shown on the survey map prepared November 5, 1993 by Roderick VanTuyl, Surveyor, P.C. ; and b) The remaining portion which extends in an easterly direction from that right-of-way referred in "a" above, for a distance of 545 feet over lands of Bokina, to a point within the first 20 feet of the applicant' s property -- to which suitable access by emergency and other vehicles is the subject of this application. The presently traveled portions of this east-west right-of-way are more particularly shown on the November 5, , 1993 survey map, and will, of course, need to be modified to meet the conditions of this determination (noted further below) . Approximately one-half of this east-west right-of-way is shown to be 20-ft. in total (paper) width and the remainder 15-feet in width. Also, copies of easement agreements affecting the subject access routes have been made a part of this record. 2. PRESENT CONDITION OF RIGHT-OF-WAY. The condition of the base of both the north-south portion of this right-of-way is in excellent condition and does not need further improvement at this time. The _base .of the east-west portion of this right-of-way needs excavation and improvement with additional fill, compacting, and regrading (further noted in Board's Resolution below) . 3. In considering this application, the Board also finds and determines: a) the benefit to be afforded to the applicant is greater, as weighed against the detriment to the health, safety, and welfare of the community at large; b) the benefit sought by the applicant cannot be achieved by some other method, feasible for applicant to pursue; c) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, and measures must be taken by the applicant to prevent water run-off from the right-of-way to prevent further disturbance to the farm to the south; d) the difficulties created are related to the land and history of the area, and are not personal to the landowners; e) thi.s application, as conditionally granted, will not be adverse to the preservation and protection of the character of the neighborhood. and the health, -safety, and welfare of the community. Page 1'6 - Appl. No. 4191. Matter of BECKY JOHNSTON ( 280-A) Decision Rendered November 8, 1993 Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to ADOPT the following standards of improvements, and conditions, in this request for relief under the provisions of New York Town Law, Section 280-A: - 1. The entire length and base of the east-west right-of-way (at the northerly end) must be improved a minimum of 10 feet in width, and have an unobstructed clearance at 13 feet in width within the easement areas, including driveway area to the applicant's residence; the unobstructed clearance ' includes the removal of brush and tree .limbs up to a height of 16 feet from ground level. 2. The entire length and 10-ft. wide base shall be contoured to accept a positive flow (of rain water) to the north; 3 . The entire length and 10-ft. wide base of the east-west right-of-way to the north shall be improved and regraded as follows: a) excavate to suitable base ( 3" or 4" deep, or more as necessary) and regrade; b) place four inches {411} of compacted stone blend for a full width of 10 feet, the entire length, {and scarified where . necessary) ; c) any depressions, now or in the future, must be filled with bank run ( 20o content) for the entire length of both rights-of-way, and the rights-of-way must be continuously maintained; 4. Unobstructed and cleared shoulder areas (1-1/2 feet wide) at each side of the 10-ft. wide right-of-way base shall be provided and maintained in good condition at all times; the shoulder areas must also have a height clearance to 16 feet from ground. 5. Proper drainage shall be cantered to the north to accept a positive flow of rain water. 6. Bot::' rights-of-way must be kept in good condition at all times, and continuously maintained. In the event this right-of-way is -.found in poor condition, the Town may take whatever action is necessary -- including the recpening of this application, after due notice and public hearing, and/or require Page 1 1 - Appl. No. 4191 Matter of BECKY JOHNSTON ( 280-A) Decision Rendered November 8, 1993 new applications for this and/or other properties in the area utilizing these same rights-of-way as their only legal access routes; and 7. After the improvements have been built along the right-of-way, the contractor shall provide a confirmation of the materials used and a brief description of the work performed, and submit this with his written request for acceptance of said improvements by the Board of Appeals. It shall be the authority of the Chairman (or alternate Board Member) to accept or reject the improvements made, or require other modification for further improvement for better maneuverability within the easement area as may be reasonably necessary. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. Page 12- Minutes Southold Town Board of Appeals Regular Meeting of November 8, 1993 MISCELLANEOUS: ivv . 15 p.m. INFORMAL (WORK SESSION) : JOHN SANDGREN Re: John Crokos. Review of conditions and limitations under ZBA decision previously rendered concerning building and structures within 100 feet of bluff. ( ZBA limitation was determined at not closer than 75 feet for all buildings & structures. Copies of actual foundation map from building permit file for new dwelling, under construction, were distributed to the board members for reference, if needed. ) Mr . Sandgren, architect for Mr. Crokos, indicated that he would like to return for possibly a 10 or 15 ft. reduction in the setback. Mr. Sandgren was advised that the deadline for advertising new applications for the December 8, �1993 meeting is next week, and he agreed to try and meet that deadline by Tuesday for early delivery to the newspaper(s) due to the ho liday. APPROVAL OF MINUTES: On motion by Chairman Goehringer; seconded by Member Dinizio, it was RESOLVED; to approve the Minutes of the October 18, 1993 Regular Meeting of the Board as submitted. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. SEQRA: The Following Environmental Declarations under the Quality Environment Quality Review Act of N.Y.S. were confirmed as per Bulletin Notices prepared and further noted on the following pages: Page 13' - Minut - November 8, 199fRegular Meet APPEALS BOARD MEMBERS SCOTT L.HARRIS ti Supervisor Gerard P.Goehringer,Chairman CO "' 4 Town Hall,53095 Main Road Serge Doyen,Jr. ► ;,M P.O.Box 1179 James Dinizio,Jr. Robert A.Villa y ���, Southold,New York 11971 Richard C. Wilton .,a�. . '�`' Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 26, 1993 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4201 Project Name: North Fork Country Club County Tax Map No. 1000- 10 9-3-9 and 10 9-4-7. 1 Location of Project: 25320 Main Road and Moore' s Lane, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in- this Project: Build berm and tee over 4' high along the east and west side of Moor ' s Icle along. or near the front property line efihis ice 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, 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 atatus 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) 765-1609. Mc! .a�ud�.usn�ir>- "�-mac.:;.,>u:.6a,.a2-.ari.a+Y:-ua..b._4:: � ..•,.,___.7.v'Y.,-.,«.,.... .. _ �... _ .-. - ........., ",., .... Y 5 r h - ,sue i. <:��:.�: - ..'Lr;:Sn:.b'•--nk�:r.i2�e+ �8t't'�y` w Page 14 - Minutes November 8, 1993 Regular Me fFOt APPEALS BOARD MEMBERS �s��� SCOTT L.HARRIS �• Supervisor • Gerard P.GoehrinQer,Chairman y p Serge Doyen,Jr. Town Hall,53095 Main Road P.O.Box 1179 James Dinizio,Jr. � � -' � Robert A.Villa ; y� Southold,New York 11971 Richard C. Wi l torl Fax(516)765-1823 Telephone(516)765-18U9 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 25 , 1993 S.E.¢.R.A. . TYPE II ACTION DECLARATION Appeal No. 4199 Project/Applicants: Peter & Elaine Psyllos County Tax Map No. 1000- 106-1-1. 11 . Location of Project: 2867 Ruth Road, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct tennis court with 10 ' fence in front yard area 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) Farm has been submitted; however, Section 617.13' of 6 NYCRR Part 616, and Section 8-0113 of the, Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14; 1990) . Although this action is classified as Type II for this variance application under. SEQRA {specifically 617.13, 616. 3(j ) , and 617.2(jj ) ) , this determination shall have no affect upon any other agency' s interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA .project file for record purposes. me Page 'l5- Minutes Regular Meeting of November 8, 1993 Southold Town Board of Appeals Type II - Appl. No. 4199 - Peter and Elaine Psyllos Unlisted Action - Appl. No. 4201 - North Fork Country Club. Vote of the Board: Ayes: All. OTHER MEETING REMINDERS: Planning & Zoning Committee - none set for Nov. or Dec. Legislative Code Committee - Nov. 23, 1993 to be rescheduled. Next ZBA Meeting and public_ hearings: Dec. 8, 1993 (changed from Monday, Dec. 6 ' due to changed meeting date of the Town Trustees) ZBA Inspections week of Nov. 29, 1993. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, Linda F. Kowalski, Clerk Southold Town Board of Appeals Approved - 121/'8/93' ' IZECEIVED AND FILED By TFIE SOUT11OLD T0e'114 C.iLLE DATE /a/c.iA5 HOUR roe, D To--.rn Cl-rk, Tc 4 ,: cf Scut.'Sold