HomeMy WebLinkAboutZBA-08/11/1983APPEALS 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 c~5 SOUTHOLD, L.I., N.Y. 119"71
TELEPHONE J516) 765-1809
MINUTES
SPECIAL MEETING
AUGUST 11, 1983
A Special Meeting of the Southold Town Board of Appeals was
held on Thursday,. A.ug~st 11, 1.983 at 7:30 p.m. at the Southold
Town Hall, Main Road, Southotd, 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 Mr.
Victor Lessard, Administrator, Building Department.
The Chairman called the meeting to order at 7:30 o'clock p.m.
PRIOR DECISION OF APPEAL NO. 3142 - GRACE E. KENNEY.
The board recently received correspondence from Mr. and Mrs.
Robert Kenney in reference to their matter, Appeal No. 3142,
which on June 23, 1983, this board granted conditional approval
allowing a two-car garage rather than the one-car garage which
was originally planned under Appeal No. 3067. Mr. and Mrs.
Kenney have:indicated that in the event the garage is built as
he originally, and later planned, that the sunlight to the
existing sun room would be partially blocked.. The applicants
have requested a slight modification to the deck area, leaving
an altered setback from the west side line at nine feet, and
leaving a setback at its nearest point from Cleaves Point Road
at 21 feet. There would be an 11' deck extension from the sun
room connecting the garage.
It was the consensus of the board that since the change is
minor and does not involve any other section of' the zoning code
which was appealed in Appeal No. 3142, there is no objection.
On motion by Mr. Douglass, seconded by Mr. Goehringer, it was
RESOLVED, that the plan submitted by the Kenneys slightly
altering the position of the garage at nine feet from the westerly
-property line and leaving a minimum setback from Cleaves Point
Southold Town Board of Appeals
-2-
August 11,4983 Special Meeting
(Appeal No. 3142 - GRACE E. KENNEY, continued:)
Road at 21' at its closest point and 30' at its farthest southwest
corner, be and hereby IS APPROVED AS AMENDED.
Location Of Property: 2020 East Gillette Drive, East Marion, NY;
County Tax Map Parcel No. 1000-038-03-020.
Vote of the Board: Ayes: Messrs. Goehringer., Grigonis, Douglass
and Sawicki. (Member Doyen was absent.)
This resolution was unanimously adopted.
.INQUIRY RE: APPEAL NO. 3025 - CHARLES P. ZIEGLER.
Correspondence dated August 10, 1983 from Gary Flanner Olsen,
attorney for the Zieglers, was discussed among the board members.
It appears that the Zieglers wish to obtain a "pre-existing Certi-
ficate of Occupancy" for the existing dwelling without having first
to comply with tha~ conditions rendered in this Board's decision of
September 30, 1982, filed with the Town Clerk October 18, 1982,
more particularly Conditions 3 and 9.
Mr. Lessard, Administrator, for the Building Department
recommended that a pre-Certificate of Occupancy be permitted for
the dwelling as exists on the premises. It was the feeling of
the board that such a pre-Certificate of Occupancy should be
permitted on.the entire 3.5-acre parcel, and that separate
Certificates of Occupancy for each Parcel I and Parcel II should
not be permitted. The board after more discussion agreed that
a pre-Certificate of Occupancy (dwelling built prior to 1957)
could be permitted for the dwelling, provided that no building
permits,, signpermits, fence permits, etc. be issued whatsoever
for either Parcel I or Parcel II. Mr. Lessard assured the
board that no permits would be issued from the Building Depart-
ment for either parcel.
PENDING. DECISION: APPEAL NO. 3138. ALFRED J. TERP. The
board continued deliberations on this matter, which was held
for p~bl~c hearing on July 28, 1983. The board opted to deliberate
again on this matter at our August 21, 1983 Regular Meeting.
~outhold Town Board of Appeals
-3-
August 11, ~983 Special Meeting
RESERVED DECISION: Appeal No. 3133.
Upon application of THOMAS KENNEDY, 120 Log Road, Patchogue, NY
11772, for a Variance to the Zoning Ordinance, Article III, Section
100-30(A) for permission to use property for business purposes, to wit:
Video Tape Rental and Equipment Sales, at premises located at 33260
S.R. 25 and 225 Eugene's Road, Cutchogue; Filla Minor Subdivision Map
72, Lot 1; County Tax Map Parcel No. 1000-097-02-016.5.
The public hearing concerning this matter was held on July 28,
1983, at which time the hearing was declared closed pending delibera-
tions.
The board made the following findings and determination:
By this appeal, appellant seeks a variance to the provisions of
Article III, Section 100-30(A) of the Zoning Code to permit the use of
property located in the "A-Residential and Agricultural" Zone for the
purposes of retail sales and rental of video tapes and equipment.
The members of this board have personally visited the site and are
familiar with the property as well as the surrounding neighborhood.
The property in question is shown on the Suffolk County Tax Map as
District 1000, Section 97, Block 02, Lot 016.5, and is more particular-
ly known as Lot ~1 of Minor Subdivision of Filla, Map ~72. It comprises
65,610 square feet in area and is is "L"-shaped, with 131.22 frontage along
Main (S.R. 253 Road and 193.44 feet along Eugene's Road. The premises
is surrounded on the north, southwest, south and east by parcels also
zoned "A-Residential and Agricultural"; and at the upper northwest
corner of the premises are two parcels zoned "B-1 General Business."
Across the Main Road northwesterly of the subject parcel are parcels
zoned "B-1 General Business" and directly across the Main Road.opposite
the subject parcel are parcels zoned "A-Residential and Agricultural."
For the record, it is noted that the parcel in question and parcels
to the south and east are not improved.
Since this is a use variance, before this board may grant the
same, it must be demonstrated that: (1) the land in question
cannot yield a reasonable return if used only fo~ the purpose of the
zone in which it is located; (2) that the plight of~the owner is
due to unique circumstances and not to the general conditions of
the neighborhood which may reflect the unreasonableness of the zoning
ordinance itself; and (3) that the use to be authorized will not
alter the essential character of the neighborhood.. In order for
Appellant to sustain his burden to pro~e the lack of reasonable return,
he must demonstrate this lack of reasonable return by dollars and
cents proof. No such proof has been presented in this case, and
accordingly, the board must deny the variance applied for.
$outhold Town Board of ~peals -4- August 11, 1~3 Special Meeting
(Appeal No. 3133 - THOMAS KENNEDY, continued:)
On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was
RESOLVED, that Appeal No. 3133, application of THOMAS KENNEDY,
be and hereby is DENIED.
Location of Property: 33260 S.R. 25 and 225 Eugene's Road,
Cutchogue; Filla Minor Subdivision Map ~72, Lot ~1; County Tax
Map Parcel No. 1000-097-.02-016.5.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass
and Sawicki. (Member Doyen. was absent.)
This resolution was unanimously adopted.
RESERVED DECISION: Appeal No. 3139.
Upon application of ROBERT W~ GILLISPIE III, Main Road, East Marion,
NY, for a Variance to the Zoning Ordinance, Article VII, Section 100-71
and Bulk Schedule, for approval of insufficient area, width and sideyard
setbacks of building in this proposed two-lot division of property
located at the northeast corner of Beckwith Avenue and Main Road, South-
old, NY; County Tax Map Parcels No. 1000-61-02-005, 006 and 007.
The public hearing on this application was held on July 28, 1983.
The board made the following findings and determination:
By this appeal, appellants seek to divide property, containing an
area of 19,454 square feet approximately, into two lots: Parcel 1 to
contain 10,954 square feet approximately, and Parcel 2 to contain 8,500
square feet approximately. Parcel 1 would have frontage along Main
Road 53.01 feet and 200.54 feet along Beckwith Avenue, and Parcel 2 would
have frontage along Main Road 42 feet.
On June 1, 1983, the appellants purchased the subject premises,
more particularly identified as Suffolk County Tax Map District 1000,
Section 61, Block 02, Lots 5, 6 and 7, as shown by conveyance of deed
at Liber 9372 cp 76. Prior to June 1983, the premises in question
was owned by Joseph B. Hartranft, Sr.
Existing on proposed Parcel 1 is a two-story frame structure with
enclosed porch, which structure is set back approximately .70 of a
foot from Beckwith Avenue, approximately seven feet from the easterly
property line, and approximately 23' from the front property line along
Main Road. Existing on proposed Parcel 2 are a one-story frame build-
ing set back from the Main Road approximately nine feet, from the
easterly property line approximately 1.8 feet, and an accessory
structure in the rear yard set back approximately six feet from the
proposed westerly line (division line) and nine feet from the easterly
property line. The survey dated March 7, 1983, prspared by Roderick
VanTuyl, P.C. shows a 15' right-of-way along the upper northerly sec-
tion of proposed Parcel 1.
Southold Town Board of A~peals -5- August 11, 1985~_Special Meeting
(Appeal No. 3139 - ROBERT W. GILLISPIE III, continued:)
For the record it is noted that the Site Plan dated June 1, 1983 shows
10 proposed parking spaces within an area of 3,500 sq. ft. for pro-
posed Parcel 1. Also shown is a 10' driveway in the area of the
above-noted right-of-way. No parking plan has been submitted for
proposed Parcel 2.
Also for the record, it is noted that the proposed use of
the building on Parcel 1 is as a professional building containing
four separate business offices containing areas of: (a) 750 sq.
ft., (b) 600 sq. ft.; (c) 400 sq. ft.; (d) 200 sq. ft. and
has been renovated substantially for such occupancies. The
proposed use of Parcel 2 is real estate sales office. [.See
minutes of July 28, 1983].
Article VII, Section 100-71, and Bulk Schedule, of the Zoning
Code requires a minimum area of 30,000 square feet and a minimum lot
width of 150 feet for parcels in the "B-1 General Business" District.
The relief requested by this variance is substantial in the board's
opinion, (approximately 65% of a variance from that required by the
Bulk Schedule).
Ail of the members of this board are familiar with the premises
in question. In viewing the neighborhood, on the same block there are
more lots larger than that proposed by this application. Directly
across the street, there are parcels both larger and smaller than that
proposed, also located in the "B-1 Business" and fronting along Main
Road.
In considering this. appeal, the board determines, however, that
the circumstances are unique; that by allowing the variance no substan-
tial detriment to adjoining properties will be created; that the
difficulty cannot be obviated by a method feasible for appellants other
than a variance; and that the interests of justice will be served by
allowing the variance, as indicated below.
On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No~ 3139, application of ROBERT W.
GILLISPIE III, be and hereby IS GRANTED SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That Parcel 1 shall contain no more than two separate
(unrelated) professional businesses~ (or one non-professional business);
2. That Parcel 2 shall contain no more than one business;
(i.e. real estate), with accessory use only of existing barn building.
Location of Property: Northeast Corner of Main Road (at
intersection with Beckwith Avenue), Southold, NY; County Tax Map
Parcel Nos. 1000-61-02-005, 006 and 007.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent.) This resolution
was unanimously adopted.
Southold Town Board of ~eals
-6- August 11, 19 Special Meeting
RESERVED DECISION: Appeal No. 3150.
Upon application of JACK AND LEE LEFKOWITZ, (F.J. Christie and wife,
owners), 25 Downing Avenue, Sea Cliff, NY 11579, for a Variance to
the Zoning Ordinance, Article III, Section 100-31 for permission to
construct one-family dwelling with an insufficient frontyard setback,
at premises located on a private right-of-way off the north side of
Summit Drive, which premises also fronts along the south side of Sound
Beach Drive, Mattituck, Cpt. Kidd's Estates, Part of Lot 11; County
Tax Map Parcel No. 1000-106-01-042.1.
The public hearing concerning this application was held on
July 28, 1983, pending deliberations.
The board made the following findings and determination:
By this appeal, appellants seek permission.to locate a proposed
new one-family dwelling structure with an insufficient (frontyard)
setback from the westerly property line at 20 feet and 29' setback
from the easterly property line. The parcel in question is vacant
and contains an area of 25,620 sq. ft. with 100'. frontage along
the south end of the parcel along a private right-of-way, and with
47.43' frontage along the subject right-of-way along the westerly
property line. The buildable area of this parcel is approximately
75' by 100~ at an elevation of approximately 100' abo~e mean sea
level. The board agrees with the reasoning of the applicants due
to these unique circumstances.
In considering this appeal, the board determines: (1) that the
variance request is not substantial; (2) that the circumstances
are unique and that by allowing the variance no-substantial detri-
ment to adjoining properties will be created; (3) that the diffi-
culty cannot be obviated ~ a method, feasible to appellant
other than a variance; (4) %hat no adverse effects will be pro-
duced on available governmental facilities of any increased popu-
lation; (5) that the relief requested will be in harmony with and
promote the general purposes of zoning; and that the interests of
justice will be served by allowing the variance as indicated below.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, that Appeal No. 3150,~ application of JACK AND LEE
LEFKOWITZ for permission to locate the proposed one-family dwell-
ing with an insufficient (frontyard) setback from the westerly
property line at 20 feet and setback from the easterly property
line at approximately 29 feet., BE AND HEREBY IS APPROVED AS APPLIED.
Location of Property: Cpt. Kidd's Estates Part Of Lot 11;
S/s Sound Beach Drive, and N~s Summit Drive, Mattituck, NY; County
Tax Map Parcel No. 1000-106-01-042.1.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was unanimously adopted.
Southotd Town Board of ~?peals -7-
August 11, 19~ Special Meeting
RESERVED DECISION: Appeal No. 3146.
Upon application for RICHARD DeMARIA, by Garrett A. Strang, Main
Road, Southold, NY for a Variance to the Zoning Ordinance, Article III,
Sections 100-31 and 100-34 for permission to construct addition with
reduction in rearyard setback at 900 Minnehaha Boulevard, Southold,
near Laughing Waters; County Tax Map Parcel No. 1000-087-02-006.
The public hearing concerning this application was held on July 28,
1983.
The board made the following findings and determination:
By this appeal, appellant seeks to construct a 24' by 16' bedroom-
bathroom addition at the rear of the existing one-family dwelling, which
will leave a setback of 34.1' from the rear (westerly) property line.
The premises in question is improved with an one-family dwelling struc-
ture and two accessory buildings. The subject premises, contains an
area of 12,738 square feet, and site plan dated June 13, 1983
depicts a total area covered by structures at 16.90%, which does
not exceed the maximum permitted.
It is the opinion of the board that the location, of the new
addition is most feasible and reasonable under the circumstances.
The board also determines: (1) that the variance request is not
substantial; (2) that no substantial detriment to adjoining
properties will be created; (3) that the difficulty cannot be
obviated by a method feasible to appellant other than a variance;
(4) that no adverse effects will be produced on available govern-
mental facilities of any increased population; (5) that the relief
requested will be in harmony with and promote the general purposes
of zoning; and (6) that the interests of justice will be served
by allowing the variance, as indicated below.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, that Appeal No. 3146, application for RICHARD DeMARIA
for permission to construct 24' by 16' addition with a reduction in
the rear yard at 34.1', BE AND HEREBY IS APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
That the accessory 24' by 26' structure revert back to
storage/garage use only, and that all li~ing (habitable) area
be removed.
Location of Property: 900 Minnehaha Boulevard, Southold, near
Laughing Waters, NY; County Tax Map Parcel No. 1000-87-02-006.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was unanimously adopted.
~Southold Town Board off'Appeals -8-
August 11,~83 Special Meeting
RESERVED DECISION: Appeal No. 3154.
Upon application of HENRY AND VIRGINIA STEINBRECHER, 1525 Haywaters
Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-31 for permission to construct addition with an insufficient
frontyard setback, at 1525 Haywaters Road, Cutchogue, NY; Nassau Point
Subdivision, Section D, Map 806, Lot 333; County Tax. Map Parcel No.
1000-111-4-12.
The public hearing concerning this application.was held on July 28,
1983.
The board made the following findings and determination:
By this appeal, applicants seek permission tD construct a 21' by
16' bedroom-bath addition at the westerly corner of the existing one-
family dwelling structure. The proposed addition would leave a setback
from Haywaters Road at approximately 19 feet at from a tie line along
Ole Cove Road approximately 66 feet. The present frontyard setback of
the existing dwelling is approximately 35' from Haywaters Road. For
the record it is noted that the setback .of the house from the easterly
property line is 44 feet and from the southerly property line approxl-
mate!y 61 feet. The lot in question contains an area of approximately
27,000 square feet and is a corner lot as defined by Article III,
Section 100-13 and Article XI, Section 100-119.
The board members have visited the site in question and are
familiar with the land., improvements and immediate surroundings.
In considering this appeal, the board determines: (1) that the
variance request is substantial in relation to the requirements of
the zoning code (more than 53%); (2) that the circumstances are not
unique; (3) that by allowing the variance, as applied, detriment to
other properties may be created.; (4) that the difficulty can be
obviated by a method feasible other than a variance; (5) that the
relief requested will not be in harmony with or promote the general
purposes of zoning as applied; and (6) that the interests of
justice will not be served by allowing the variance, as applied--
(see notation below).
On motion by Mr. Douglass, seconded by Mr. Goehringer, it was
RESOLVED, that Appeal No. 3154, application for HENRY AND VIR-
GINIA STEINBREC~ER by Beachwood Contractors, be and HEREBY IS
APPROVED, PROVIDED THAT THERE BE A MINIMUM SETBACK OF 30 FEET FROM
THE FRONT (WESTERLY) PROPERTY LINE.
Location of Property: 1525 Haywaters Road, Cutchogue, NY;
Nassau Point Subdivision, Section D, Map 806, Lot 333; County Tax
Map Parcel No. 1000-111-4-12.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug-
lass and Sawicki. (Member Doyen of Fishers Island was absent.) This
resolution was unanimously adopted.
~ Appeals 9- August ir ~83 Special Meeting
Southold Town Board .... - ,
RESERVED DECISION: Appeal No. 3152:
Upon application of PHILIP FRUMENTI, 3825 Stars Road, East Marion, NY
for a Variance to the Zoning Ordinance, Article III, Section 100-32 for
permission to construct carport in the frontyard area, at 3825 Stars Road,
East Marion, NY; County Tax Map Parcel No. 1000-022-06-026.
The public hearing on this application was held on July 28, 1983.
The board made the following findings and determination:
By this appeal, applicant seeks permission to construct a 12' by 22'
accessory carport structure to be located in the frontyard area at the
northeasterly corner approximately five feet from the northerly property
line and eight feet from the easterly property line along Stars Road.
The present use of the proposed area is a driveway. The carport is to
be approximately 27 feet from its nearest point with the existing patio
wall, which runs from the northerly p~operty line southerly to the
existing one-family dwelling. To the rear of .the patio wall are an
inground swimmingpool, utility building and patios. The dwelling in
question is set back from its easterly property line along Stars Road
33 feet as shown on survey dated October 3, 1980, submitted with this
application.
The board members have visited the site in question and are
familiar with the structures and Lmmediate surroundings.
It is the opinion of the board that the setback requested from
the easterly property line along Stars Road of eight feet is not
within the best interests of the town, and that the carport should
be situated as near the existing patio wall as possible, which is
open 57 feet from the road/property line and the patio wall.
In considering this appeal, the board determines: (1) that the
variance request is substantial in relation to the requir~ements of
the zoning code; (2) that the circumstances are not unique; (3)
that by allowing the variance as applied, detriment to others may
be created; (4) that the difficulty can be obviated by a method
more feasible than that proposed; (5) that the relief as requested
will not be in harmony with or promote the general purposes of zon-
ing; and (6) that the interests of justice will not be served by
_a_ll~wing the variance, as applied.
On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No. 3149, application by PHILIP FRUMENTI
for permission to locate accessory carport building eight feet
from the easterly property line along Stars Road, BE AND HEREBY
IS DENIED AS APPLIED.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was unanimously adopted.
Southold Town Board oYAppeals -10-
August 11,~_~83 Special Meeting
PENDING APPLICATIONS: APPEALS NO. 3117 and 3118. KATHRINE FARR.
In reference to the above pending applications, the board
again reviewed and discussed recent correspondence received from
the Planning Board and Stanley Corwin, attorney for the applicant.
The board.questioned whether or not the applicant wishes to
proceed with these applications before, the Zoning Board as sub-
mitred, or whether the applicant will be resubmitting an amended
plan for consideration to the Planning Board and to the Zoning
Board. The board instructed the secretary to forward a letter
to the applicant's attorney as to the above and also requesting
a copy of the August 1983 plan before the Health Department for
consideration.
PENDING APPLICATION: APPEAL NO. 3151. RVSS, INC. (RAZAMATZI.
In reference to the subject application and pending decision
of the public hearing held July 28., 1983, the board deliberated
and discussed the two-party agreement for use of.the adjacent
parking area for a period of five years. A question was raised
as to what/whose names the properties were in, and as to whether
the agreement signed was in legal, valid form. The board asked
that the applicant's agent, Garrett A. Strang, be made aware of
the above and if the lease will be binding or renewal after the
five-year period.
RESERVED DECISION: Appeal No. 3145.
Upon application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue,
Southold, NY for a Variance to the Zoning Ordinance, Article VII, Sec-
tion 100-70, for permission to establish residential and studio use
of an existing building in this "B-1 General Business" District,
located along the south side of Traveler Street, Southold, NY; County
Tax Map Parcel No. 1000-61-01-015.
The public hearing concerning this application was held on
July 28, 1983.
The board made the following findings and determination:
By this application, appellant seeks permission to utilize an
existing one-story structure which is located in a "B~i General Busi-
ness'' District for a one-family residential use with accessory "art
studio" use within the building. The living area proposed for this
residence is approximately 1,800 square feet, the balance of floor
area to be applied for the art (sculpture) studio.
The premises in question consists of an area of 0.918 acre
and is improved with: (a) a post office at the extreme southerly
end (along Main Street), (b) a two-story, one-family dwelling with
Southold Town Board o~_~ppeats -11- August 11, E3 Special Meeting
(Appeal No. 3145 - SOUTHOLD EQUITIES, INC., continued:)
accessory garage/storage building, (c) the subject one-story
dwelling which is situated 41' from Traveler Street, all as shown
on survey amended August 17, 1978 by Roderick VanTuyl, P.C. and sub-
mitted with this application~
It is noted for the record that: (a) there are houses adjoin-
ing the subject premises on the east and adjoining the library on
the west; (b) north of Traveler Street are the L.I. Railroad and
premises zoned "C-1 Heavy Industrial", which district allows dwell-
ings by Special Exception. All parking proposed for the premises
is available on the premises (off the street).
In considering this application, the board determines.: (a)
that the use will be in harmony with and promote the general pur-
poses and intent of zoning; (b) that the interests of justice will
be served by granting the variance requested; (c) that the plight
of the owner is due to unique circumstances; (d) that the use will
not alter the essential character of the neighborhood; (e) that
the use will not prevent the orderly and reasonable use of adjacent
properties or of properties in adjacent use districts; (f) that the
use will not prevent the orderly and reasonable use of permitted or
legally established uses in the district wherein the proposed use is
to be located, or of permitted or legally established uses in adjacent
use districts; (g) that the safety, health, welfare, comfort, con-
venience and~order of the town will not be adversely affected by the
proposed use and its location; and (h) that no adverse effects will
be produced on available governmental facilities of any increased
population.
Now, therefore, on motion by Mr. Grigonls, seconded by Mr.
Goehringer, it was
RESOLVED, that Appeal No. 3145, application by SOUTHOLD
EQUITIES, INC. for permission to use existing.building in this
"B~i General Business" District for a one-family residence with
accessory art (sculpture) studio, be and hereby IS APPROVED PROVIDED
THAT THE BUILDING BE TENANT OR OWNER OCCUPIED ~studio and residence
must be occupied by the same party).
Location of Property: South Side of Traveler Street, Southold,
NY; County Tax Map Parcel ID No. 1000-61-001-015.
Vote Of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawic~i. (Member Doyen of Fishers Island.was absent.)
This resolution was unanimously adopted.
Southold Town Board c~JAppeals -12-
August 11''1983 Special Meeting
DECISIONS PENDING: ~It was the consensus of the board members
that the following decisions, which have not yet been rendered,
be held over until the next available meeting when a full board
was present:
Appeal No. 3148 - Roke's Marina d/b/a New Suffolk Shipyard
Appeal No. 3152 - JOhn Antoniou.
CONDITIONAL APPROVAL: APPEAL NO. 3085. ANN O'SULLIVAN
for 280-a.
~ursuant to a request of the Building Department, inspections
were made of the subject right-of=way located off the south side
of Main Bayvlew Road, Southold. The right-of-way appears to be
improved satisfactorily as recommended by the Chairman and Mr.
Lessard, and the board concurred, thereto.
The secretary was instructed to send a letter to Mrs.
O'Sullivan advising her of the above.
BUDGET ESTIMATE for 1984. A request was submitted by the
Town Clerk for the estimated tentative budget for the Zoning
Board of Appeals for the Year 1984, filing date: By September 1st.
CORRESPONDENCE: CUTCHOGUE FREE LIBRARY: APPEALS no. 3109 and
3110. The board members were in receipt of the letter from the
library explaining the need for reconsideration of the easterly
side entrance as a main entrance. Public hearings will be held
on these matters August 31, 1983.
NEXT SPECIAL MEETING DATE: On mo%ion by Mr. Goehringer, seconded
by Mr. Douglass, it was
RESOLVED, that Wednesday, August 17, 1983 at 1:40 p.m., a
Special Meeting of the Board of Appeals will be held at the
Fishers Island School, Fishers Island, NY for the transaction
of those matters properly coming before the board at that time.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug-
lass and Sawicki. (Member Doyen was absent.) Member Grigonis
advised the board that he could not be present that day on F.I.
Southold Town Board ~ Appeals -13- August 1.' 1983~Special Meeting
NEW LOCAL LAW NO. 9, UPDATE: Receipt of correspondence from
the Town Clerk is acknowledged concerning the newly adopted Local
Law No. 9 (Chapter 100 - Area and Yard regulations), indicating
that the local law is not effective until filed with the N.Y.S.
Department of State, and at that time, further notice will be sent.
ENVIRONMENTAL DECLARATIONS: On motion by Mr. Douglass, seconded
by Mr. Goehringer, it was RESOLVED, to declare the following Negative
Environmental Declarations, pursuant to law, as follows:
APPEAL NO.: 3163
PROJECT N~E: MARJORIE CLUST (SMITH) (for Charlotte Gadomski)
This notice is issued pursuant to Part 617 (and Local Law
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please-take 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: Re-separate four subdivision lots
which have become merged, into two separate half-acre lots, as
recommended by the Southold Town Planning Board.
LOCATION OF PROJECT: Town of Southold, County of Suffolk,~more
particularly known as: Summer Lane and E/s of Cedar Lane, Southold.
REASON[S) SUPPORTING THIS DETERMINATION:
(t) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
(2) The project in question does not involve tidal wetlands areas.
Special Meeting
Southold Town Board ok__~ppeals -14- August 11,
(Environmental Declarations, continued:)
APPEAL NO.: 3161
PROJECT NAME: PETER LUHRS.
This notice is issued pursuant to Parn 617 (and Local Law ~44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take 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 establish public garage/repair station
in a "B-t General Business District," as permitted bY Special Exception.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 45845 North Road, Southold, NY.
R~ASON(_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
environmenn are likely to occur should this project be implemented as
planned.
(2) Project in question does not involve tidal wetlands or other
critical environmental area. '
APPEAL NO.: 3162
PROJECT NAME: T.J. LUKAS
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take 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: IX] Type tt [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Off-premises-directional sign.
LOCATION OF PROJECT: Town of Southo!d, County of Suffolk, more
particularly known as: 69700 Main Road, Greenport, NY.
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 likely to occur should this project be implemented as
planned.
(2) Project does not involve tidal wetlands or other critical
environmental area.
Southold Town Board o? ~ppeals -15- August 11,_1983 Special Meeting
(Environmental Declar~t~ions, continued:) _
APPEAL NO.: 3164
PROJECT NA~IE: JOHN CLAVIN
This notice is issued pursuant to Par~ 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within-project not to have a significant
adverse effect on the environment. Also, please 'take notice that this
declaration should no~ 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: Accessory building in side/front yard areas.
22' by 30' ....
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Madeline Avenue, Fishers Island, NY.
REASONS) SUPPORTING THIS DETERMINATION:
(1) An Environmenual Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
(2) Project in question does not involve tidal wetlands or other
environmentally critical area. ~
APPEAL NO.: 3165
PROJECT NAME: EDWARD J. AND HAZEL K. BOYD.
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take notice thau 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 project2
TYPE OF ACTION: IX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Accessory garage in frontyard area.
LOCATION OF PROJECT: Town of Seutho!d, County of Suffolk, more
particularly known as: 3880 Robinson Road, Southold, at Paradise Point.
REASON(S) SUPPORTING THIS DETER~IINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
(2) Project in question does not involve tidal wetlands or other
environmentally critical area.
Southold Town Board-~6f Appeals
-16-
August ~, 1983 Special Meeting
(Environmental Declarations, continued:)
APPEAL NO.:
PROJECT NAME:
3166
HIRAM F. MOODY, JR.
This notice is issued pursuant to Part 617 (and Local Law ~44-4)
of the implementing regulations pertaining to Article
Environmental Quality Review Act of ~he Environmental 8 of the State
Conservation Law.
This board determines the within project no5 to have a siqnificant
adverse effect on the environment. Also, pleas--~-take notice t~at 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: IX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Horse stable/barn on vacant 6+ acre parcel.
LOCATION OF PROJECT:_ ~ow~ o~ S~uthold, County of Suffolk, more
particularly known as: Frlvate ~oa~ at East End of Fishers Island, NY.
1000-10-6-1.7.
REASON(S). SUPPORTING THIS DETER~IINATION:
(I)~ An~'Environmental Assessment in the Shor~ Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should thls project be implemented as
planned.
(2) Project and premises in question do not involve tidal wetlands
or other environmentally critical area.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass,
and Sawicki. (Member Doyen, Fishers Island, was absent.) This
resolution was unanimously adopted.
Being there was no further business properly coming before the
board at this time, the Chairman declared the meeting ad3ourned. The
meeting adjourned at approximately 8:40 p.m.
Respectfully submitted,
lski, Secretary
/~~~~ South old To wn Board of Appeals
Gerard P. ~o~x~inger~/Chair~an
Approved 9/~/83 / ~