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Home My WebLink AboutZBA-11/25/1983 SPECAPPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SrlUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 M I N U T E S SPECIAL MEETING NOVEMBER 25, 1983 A Special Meeting of the Southold Town Board of Appeals was held on Friday, November 25, 1983 at 2:45 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis; Robert J. Douglass; and Joseph H. Sawicki. Absent was Serge Doyen, Fishers Island. Also present was Mrs. Shir- ley Bachrach (League of Women Voters). The Chairman opened the meeting at 2:45 p.m. ENVIRONMENTAL DECLARATIONS: On motion by Mr. Sa~icki, seconded 3by Mr. Douglass, it was RESOLVED, to declare the following Negative Environmental Declarations p~urs~ant to the N.Y.S. Environmental Quality Review Act on each of the following as indicated below: APPEAL NQ.: PROJECT ~AME: 3178 BERTHA OKULA This notice'is issued pursuant to Part 617 of the implement- ing 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 an adverse significant effect on the environment for the reasons indicated below. Please take further notice that this declaration should not Southold Town Board 6f~ Appeals -2- Novembe~i25, 1983 Special Meeting (Environmental Declarations, continued:) 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 Description of Action: To divide premises into two substandard parcels, each having insufficient area and width. -% Location of Project: North Side Main Road, Orient, NY; County Tax Map Parcel No. 1000~014-02~017 (1.3 acres). Reason(s) Supporting this Determination: (1) An Environmental Assessment in the short form has been sub- mitted which indicates that no significant adverse effects to the environment are liRsly to occur should this project be implemented as planned; (2) This project is not directly related to new construction; (3) The property in question is not located in or near a criti- cal environmental area. APPEAL NO.: 3188 PROJECT NAME: RICHARD JARZOMBEK 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 an adverse significant 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 DESCRIPTION OF ACTION: To locate accessory wind towor with a height in excess of 18 feet. LOCATION OF PROPERTY: 5520 Narrow River Road, Orient, NY; County Tax Map Parcel No. 1000-27-2-4. REASONS SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant advorse effects to the environment are likely to occur should this project be imple- mented as planned; Southold Town Board or'Appeals -3- November~J25, 1983 Special Meeting (Environmental Declarations, continued:) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3187 PROJECT NAME: SERGE AND JANICE DOYEN 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 J~ason~ 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 pro~ect. TYPE OF ACTION: iX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Accessory storage building in an area other than the required frontyard. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Fox Avenue, Fishers Island; 1000-06-06-01. REASON(S) SUPPORTING THIS DETE~INATiON: (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; i~i Property is not located in or' n~ar a critical environmental area; (3) The elevation of this property is more than 10 feet above mean sea level. · Southold Town Board c~Appeals -4- November<~, 1983 Special Meeting (Environmental'Declarations, continued:) NEGATIVE ENViRON~NTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3169 PROJECT NAME: RALpH MERRILL~~ 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 simit~r project~ TYPE OF ACTION: [X] Type Ii [ ] Unlisted ~ ] DESCRIPTION OF ACTION: To re-separate two substandard parcels, each with an existing dwelling and having insufficient area and width. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Laurel Park Subdivision Lots 41 and 42, Laurel, NY; 1000-127-08-006 and 007. REASON(S) SUPPORTING THIS DETERMINATION: (i) 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) Receipt of approval from the N.Y.S. Department of Environ- mental Conservation, TW Permit ~10-83-1119, for the same relief. (3) Receipt of approval from the Planning Board dated Novem- ber 9, 1983 concerning this project. ~Sout~old Town Board o~'~ppeals -5- (Environmental Declarations, continued:) November<z"5, 1983 Special Meeting NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3190 PROJECT NAME: WILLIAM BURKHARDT 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 similhr project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: To retain accessory garage struc- ture for storage use in the frontyard area due to the location of the proposed one-family dwelling which will meet all setbacks. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 50 Wabasso Street and 2315 Nokomis Road, Southold; 1000-78-3-39. REASON(S) SUPPORTING THIS DETEk~INATION: (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 project is not directly ~etated to new construction (requests to retain existing garage which will be technically in the frontyard area due to the construction of a new dwelling.) (3) The property in question is not located in or near a critical environmental area. ~Southold Town Board o~_~ppeals -6- Novembe~...j5, 1983 Special Meeting (EnVir6~mental Declarations, continued:) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Siqnificance APPEAL NO.: 3007 PROJECT NkVd: NORMAN J. MURRAY This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated' below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: To re-separate/divide a 2.05-acre parcel into two substandard lots, each containing a one-family dwelling structure. LOCATION OF PROJECT: Town of Southoldr County of Suffolk, more particularly known as: Lots 37 through 40 inclusive, Laurel Park Subdivision Map 9212, Laurel, NY; 1000-127-8-8. 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) Receipt of Amended N.Y.S. Department of Environmental Con- servation Permit ~10-82-0143 on October 21, 1983; (3) Receipt of November 7, 1983 approval from the Southold Town Planning Board concerning this subdivision~ Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki~. Member Doyen, Fishers Island, was a~sent. .This resolution was unanimously a~opted. ~ ..... Southold Town Board of Appeals -7- November 25, 1983 Special Meeting NEW APPEAL: Appeal No. 3189. THOMAS YASSO. After reviewing the subject variance application for a storage building on adjoin- ing premises located at the south side of Main Road, Mattituck, New York, the following resolution was adopted: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3189, application of THOMAS YASSO, BE temporarily held in abeyance pending receipt of comments or approval from the Southold Town Planning Board of the "site plan~" as required by Article VII, Section 100-70(A). The subject premises is located in a "B-1 General Business District." Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. Member Doyen, Fishers Island, was absent. This resolution was unanimously adopted. NEW APPEAL: Appeal No. 3178 - BERTHA OKULA. In reviewing this pending application for approval of insufficient area of two proposed parcels, the board is in receipt of the action of the Planning Board taken on November 7, 1983, denying th~ subdivision due to insufficient area. Accordingly, this matter is ready for a public hearing, and the following action was taken: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3178, application of BERTHA OKULA, be and hereby is scheduled for public hearing to be held at the December 1983 Regular Meeting of this board, and that same be advertised in the local and official newspapers of the town pur- suant to law. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. Member Doyen, Fishers Island, was absent. This resolution was unanimously adopted. NEW PUBLIC HEARINGS: On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to confirm the scheduling of the following public hearings for the November 30, 1983 Regular Meeting of this board, to be held at the Southold Town Hall, Main Road, Southold, New York, in addition to those previously scheduled, and that the same be advertised in the local and official newspapers of the town, pursuant to law: Southold Town Board o~~ Appeals -8- November ~, 1983 Special Meeting (Public Hearings, continued:) Appeal No. 3188 - RICHARD JARZOMBEK. Wind tower, Orient. Appeal No. 3187 - SERGE AND JANICE R. DOYEN. Storage building in frontyard. Fox Avenue, Fishers Island. Appeal No. 3190 - WILLIAM BURKHARDT. To retain garage in front- yard area due to location of proposed new dwelling (which will meet setback requirements of the code). Wabasso Street, Southold. Appeal No. 3169 - RALPH MERRILL. Two substandard parcels. Laurel Park Subdivision. Appeal No. 3007 - NORMAN J. MURRAY. Two substandard parcels. Laurel Park Subdivision. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. Member Doyen, Fishers Island, was absent. This resolution was unanimously adopted. CORRESPONDENCE: Appeal No. 3171 - PETER LUHRS. The board is in receipt of correspondence from Mr. Luhrs requesting permission to locate vehicle/entrance bay doors alonq the west side in addition to the north side as shown on the original plan. The board finds that two bay doors would be located on the west side and v~hicles upon backing out will have ample room along the west side area to maneuver. The north r~ar area has five parking spaces with minimal area for entering and leaving. All of the board members were in agreement, and the following resolution was adopted: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to Amend Appeal No. 3171, Condition ~l(h) in the matter of Peter Luhrs, to read as follows: 1 (h): Vehicle/entrance/exit bay doors shall be located at the rear [north end] and/or the w~sterly side. Vote of the Board: Ayes: Messrs. Goehringer, Grigonls, Doug- lass and Sawicki. Member Doyen, Fishers Island, was absent. This resolution was unanimously adopted. The secretary will submit a copy of this board's letter to the Planning Board concerning this amendment to Condition 1-(h). Southold Town Board ~f Appeals -9- Novemb~ 25, 1983 Special Meeting CORRESPONDENCE: Appeal No. 2914 - NORMAN C. BOOS. Correspondence was received November 3, 1983 from the office of the Town Clerk requesting an opinion from this board as to whether Mr. Boos should be permitted to construct additional floating catwalk to accommodate 18 addition small boats without additional applications to the Z.B.A. The board members confirmed and acquiesced with the Chairman's reply to the Town Clerk dated November 7, 1983, indicating that an expansion of this nonconforming marina to accommodate more than 35 boats would require additional Z.B.A. approvals, however, such proposals should be referred to the Building Department for their certification and referral accordingly. UPDATED SURVEY: Appeal No. 2803 - AGNES DUNNE. This board is in receipt of an uPdated survey as revised November. 7, 1983 pursuant to Condition $1 of this board'.s May 22, 1981 decision in Appeal No. 2803. The board members noted a slight different in the square footage of both parcels by approximately 856 sq. ft. although the location of the division line is correctly shown. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to accept the November 7, 1983 survey as submitted in the matter of AGNES DUNNE, Appeal No. 2803, pursuant to this board's May 22, 1981 decision, condition $1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. Member Doyen, Fishers Island, was absent. This resolution was unanimously adopted. PENDING DECISION: Appeal No. 3167 - ROBERT J. DOUGLASS. The public hearing on this application was held and closed on 9/29/83. The Chairman stated that it is the recommendation of all attorneys involved that this matter be allowed a 30-day extension. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the time period for the deliberations and rendering of a decision in the matter of ROBERT J. DOUGLASS, Appeal No. 3167, be requested to extend an additional 30 days. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. Member Douglass abstained. Member Doyen of Fishers Island was absent. This resolution was adopted by majority vote. PENDING INSPECTION AND DECISION: Appeals No. 3119 and 3120 - WARREN AND ELLEN HUFE. The applicants' attorney has requested a December date for the board's site and building inspection con- Southold Town Board of Appeals -10- November-S5, 1983 Special Meeting cern~ng these applications. The secretary was asked to notify the attorney for the applicants when an inspection date has been agreed. PENDING DECISION: Appeal No. 3139 - ROBERT W. GILLISPIE III and others. The board members discussed the findings of their inspection last Saturday. Inasmuch as Member Doyen was not present to give his input, this matter was put over to the next meeting. UPDATE OF CHAPTER 46 - FLOODPLAIN MANAGEMENT LAW. On the 29th of November, 1983, a public hearing will be held by the Town Board concerning amendments to the Floodplain Management Law pur- suant to State Law. Each of the board members received a copy of the notice of public hearing outlining the proposed amendments. There were no recommendations or objections received. RESERVED DECISION: Appeal No. 3159 - EDWIN W.i 'STEWART. Upon application for~DWIN W.!~'STEWART~ 8403-Parish Lane, Indianapo- lis, Indiana 46217, for a Variance to the Zoning._0rdinance, Article III, sections 100-31 and 100-34' for permiSsion to construct addition to dwelling_red~cing~ the rearyard setback~ at 20 Carole Road, Southold, NY; County Tax Map Parcel No. 1000~52-2-2. The pub~i~ hearing on this matter was held and closed on Septem- ber 29, !.98~., pending reinspection and deliberations. The board made the following findings and determination: By this application, appellant see~s permission to construct a 14' by 22'~ addition, reducinq, the reary~rd setback at approxi- mately 17' from the existing bulkhead a~ong Old Cove, Arshamomaque, Southold for use as additional living ~ea.. The parcel in ques~ tion contains approximately 4,050 sq. ft. building area with 2.0' frontage at the end of. Carole Road. Existinq_on the p~emises is a one-story frame house set back 40..8' from the westgrly property line, one foot from the northerly prop~y line, and 31' from the easterly bulkhead. The exact distance from the southerly line is not given, however, does appear to be ~ight feet at its n~are.st point from the bulkhead. It is the opinion of the board members, that the addition should be in character with the homes along the east side of Carole Road, ali of which appear to be set back no closer t~an 23 feet f~rom the existing easterly bulkheads. Also,_~it is noted for the record that this parcel and t~e parcels.in this area are located in an. "A'4" Flood zone, which re~uire~ a minimum elevation of 8' above mean sea level for new residential structures. The elevation of the parcel in question is at an ~verage of 5.-~' above Southold Town Board of Appeals -11- November 25, 1983 Special Meeting (Appeal No. 3159 - EDWIN W. STEWART, continued:) mean sea level, as shown on the amended survey of February 3, 1983. In considering this appeal, the board determines: (1) that the practical difficulties have been shown and are sufficient to warrant the granting of the application as noted below; (2) that the relief as noted below is not substantial in relation to the requirements of the zoning code; (3) that the circumstances are unique; (4) that the relief as approved will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by approving the application as noted below. Now, therefore, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3159, application for EDWIN W. STEWART, be permitted to construct an 8' by 22' addition (rather than the requested 14' by 22' addition), SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the setback be limited to the 8' by 22' addition; (2) That there be no further yard reductions. Location of Property: 20 Carole Road, at Arshamomaque Pond, Southold, NY; County Tax Map Parcel No. 1000-52-2-2. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. Member Doyen, Fishers Island, was absent. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3177 - GEORGE & NATALIE WIESER. Upon application for GEORGE J. WIESER (by Robert A. Kelly, Esq.), Harbor Lane, Cutchogue, NY for a Variance due to lack of approved access, New York Town Law, Art. 16, Section 280-A, over a private right-of-way located at the East Side of Harbor Lane, Cutchogue, NY; premises in question known as County Tax Map Parcel ID No. 1000- 97-06-010. The public hearing on this application was held on October 27, 1983, at which time the hearing was declared closed pending delibera- tions. The board made the following findings and determination: By this appeal, applicants seek approval of an existing traveled area as the legal access to Parcel 2 (over Parcel 1) as shown on the September 24, 1980 plan as surveyed by Roderick Van- Tuyl, P.C. for the applicants. The traveled width of the subject Southold Town Board of Appeals -12- Novemb~ 25, 1983 Special Meeting (Appeal No. 3177 - GEORGE AND NATALIE WIESER, 280-A, continued:) right-of-way is approximately eight feet in width and extends approximately 207 feet over Parcel 1 to the parcel in question Applicants have submitted for the record an easement dated October 4, 1983, filed with the Suffolk County Clerk October 7, 1983, granting a right to use a 15' wide private right-of-way abutting the northerly line of Parcel 1, 207.96 feet in length. Prior to the signing~of this easement, town records show that Parcel 2 has a right-of-way in common with others over an exist- ing roadway across land now or formerly M. Almeida, formerly Klam Properties, Inc. on premises identified as County Tax Map Dis- trict 1000, Section 103, Block 2, Lot 1 (Liber 8894 cp 49). For the record it is also mentioned that Parcel 2 in ques- tion fronts along Eugene's Creek and contains approximately two acres. The premises is improved with a one-story, one-family dwelling structure. Parcel 1 contains an area of approximately 34,000 sq. ft. with 165.23 frontage along Harbor Lane (inclusive of the subject rightvof-way) and is vacant. On February 25, 1983, a conditional variance was granted to the applicants herein for the construction of a 24' by 28' accessory storage building (Appeal No. 3071). In considering this appeal, the board determines: (1) that the circumstances are unique; (2) that by allowing the variance no substantial detriment to adjoining properties will be created; (3) that the relief requested will be in harmony with and promote the general purposes Of zoning; (~) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of jus- tice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3177, application for GEORGE and NATALIE WIESER, for approval of access for emergency and other vehicles, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the right-of-way.shall remain open and unobstructed at all times, including the clearing of trees where necessary, a minimum width of twelve feet (12'); 2. That the right-of-way shall be improved with two inches (2") of stone blend a minimum width of twelve feet [12']; 3. That an amended or newly written easement conveying the right to use this 12-foot wide area for access to the applicants and all subsequent owners of Parcel 2, shall be submitted to and approved by the Board of Appeals, and that the same shall be recorded by the applicants in the Office of the Clerk of Suffolk County accordingly. 4. This variance is subject to final approval by the Board of Appeals after having received notification that the improve- ments have been made. Southold Town Board of Appeals -13- November 25, 1983 Special Meeting (Appeal No. 3177 - GEORGE AND NATALIE WIESER, 280-A continued:) 5. That no certificate of occupancy for land or structures shall be issued until compliance with these conditions and all other applicable rules and regulations are complied with. Location of Property: Private Right-of-Way at the East Side of Harbor Lane, Cutchogue, NY; County Tax Map Parcels No. 1000- 97-6-10 and 9. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. Member Doyen, Fishers Island, was absent. This resolution was unanimously adopted. The board members also noted for the record that this access was for ingress and egress to one house. WAIVER OF NOTICE. Each of the board members signed the Waiver of Notice of this Special Meeting~ Being there was no other business properly coming before the board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 3:30 p.m. Respectfully submitted, L~i~d~ F. Kowalski, Secretary Southold Town Board of Appeals Approved ~ Gerar/d P. Go~ing Chairman December /f,i~1983 R:ECEIVED AND /LED BY TEE SOUTHOLD TOWN