HomeMy WebLinkAboutZBA-06/30/1983APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN RrlAD. -=:ITATE RI3AD 25 sr'IUTHrlLD. L.I., N.Y. 11971
TELEPHONE (516) 765-1809
MINUTES
SPECIAL MEETING
THURSDAY, JUNE 30, 1983
A Special Meeting of the Southold Town Board of Appeals was
held on Thursday, June .30, 1983 at 4:30 p.m. at the Office of
the Board of Appeal, Southold Town Hall, Main Road, Southold,
New York.
Present were: Gerard P. Goehringer, Chairman; Robert J.
Douglass and Joseph H. Sawicki. Absent were: Members Grigonis
and Doyen [of Fishers Island].
The Chairman called the meeting to order at 4:30 o'clock p.m.
CORRESPONDENCE: APPEAL NOS. 3117 and 3118: KATHRINE FARR.
The board is in receipt of correspondence of June 27, 1983 from
the applicant in response to this board's~etter/request dated
June 21, 1983. It was the consensus of the board that the applica-
tions are considered incomplete and must be held in abeyance until
complete, for the following reasons:
1. The files indicate several uses of the property. Site
plans depicting those uses in their areas as proposed is required.
Six copies are needed for appropriate distribution.
2. The applicant's reply of June 27, 1983 does not provide the
information requested by our letter dated June 21, 1983.
3. The applicant's reply of June 27, 1983 indicates outside
storage is proposed and same has not been depicted in our files.
4. Health Department approval has not been received as
requested on numerous occasions, and a copy of same is requested
to be filed with our office as early as possible to prevent any
further delays.
-The secretary was instructed to advise the applicant of the
above.
'Sout~old Town Board of~ppeals -2- June 30,-1983 Special Meeting
RESERVED DECISION: Appeal No. 3140.
Application for KATHRYN REEVE, by Scott R. Albrecht, West View
Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-32 for permission to construct accessory building
(garage) in the side yard area, at 855 West View Drive, Mattituck, NY;
County Tax Map Parcel No. 1000-139-01-019.
The public hearing on this application was held on June 23, 1983,
at which time the hearing was declared closed pending deliberations.
The board made the following findings and determination:
By this appeal, appellant seeks permission to construct a 16'
wid~ by 20' deep accessory garage structure to be located east of
the existing dwelling and to be set back from the property line
three feet. There is a proposed distance between the dwelling and
the subject garage of 10 feet.
The premises in question is located on the south side of West
View Drive and contains an area of approximately 25,000 square feet.
The lot is narrow along the road with a frontage of 50 feet and
gradually widens to 140 feet along Mattituck Creek. The dwelling
on the premises is a legal one-family dwelling, and is approxi-
mately 45' wide by 39' deep.
It is the opinion of the board that an eight-foot setback from
the easterly side property line should be the m~nlmum to allow for
egress and ingress by emergency vehicles and that the structure
shall not be used for sleeping or living quarters at any time.
In considering this appeal, the board determines that the variance
request is not substantial; tnat the circumstances herein are unique;
that by allowing the variance no substantial detriment to adjoining
properties will be created; that the difficulty cannot be obviated by
a method feasible to appellant other than a variance; that no adverse
effects will be produced on available governmental facilities of any
increased population; that the relief requested will be in harmony
with and promote tne general purposes Of zoning; and that the interests
of justice will be served by allowing the variance as indicated below.
On motion by Mro Douglass, seconded by Mr. Goehringer, it was
RESOLVED, that Appeal No. 3140, application for KATHRYN REEVE
for permission to construct 16' by 20' garage structure in the side-
yard area (east side), BE AND HEREBY IS APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That there be a minimum setback from the east side line
of eight feet;
2. That this structure shall be used only for storage and
~Southold Town Board of ~ppeals -3- June 30, 19~3 Special Meeting
(Appeal No. 3140 - KATHRYN REEVE, continued:)
garage purposes, never to be used as sleeping or living quarters.
Location of Property: 855 West View Drive, Mattituck, NY;
County Tax Map Parcel No. 1000-139-01-019.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass and
Sawicki. (Members Grigonis and Doyen were absent.) This resolu-
tion was unanimously adopted.
RESERVED DECISION: Appeal No. 3135.
Upon application of PETER AND CALLIOPE PAPANTONIOU, 55370 C.R. 48,
Southold, NY for a Variance to the zoning ordinance, Article III, Sec-
tion 100-32 for permission to increase size of existing garage which is
located in the sideyard area, at 55370 C.R. 48, Sou~hold, NY; County
Tax Map Parcel No. 1000-052-03-026.
The public hearing concerning this application was held on
June 23, 1983, at which time the hearing was declared closed pending
deliberations.
The board made the following findings and determination:
By this appeal, appellants seek permission to ~ncrease the size
of the existing accessory building by approximately 10' by 12' which
will not be closer to Middle Road than the front line of the existing
dwelling and which will not be closer than the established 7' from
the easterly side property line. The existing dwelling is a one-family
dwelling set back from Middle Road (C.R. 48) 33 feet. The premises
in question fronts along C.R~ 48, 125 feet and contains an area of
approximately 14,988 square feet.
For the record, it is noted that the board members nave
personally visited the site in question and is familiar with the
circumstances of this appeal.
In considering this appeal, the board determines that the variance
request is not substantial; that the circumstances herein are unique;
that by allowing the variance no substantial detriment to adjoining
properties will be created; that the difficulty cannot be obviated by
a method feasible to appellant other than a variance; that no adverse
effects will be produced on available governmental facilities of any
increased population; 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. Sawicki, seconded by Mr. Douglass, it was
$outhold Town Board of Appeals -4- June 30, 1983 Special Meeting
(Appeal No. 3135 - PETER AND CALLIOPE PAPANTONIOU, continued:)
RESOLVED, that Appeal No. 3135, application of PETER AND CALLIOPE
PAPANTONIOU for permission to increase the size of the existing acces-
sory structure approximately 10' by 12', as applied, BE AND HEREBY IS
APPROVED, WITH THE CONDITION THAT THIS ACCESSORY STRUCTURE SHALL BE
USED ONLY FOR STORAGE/GARAGE PURPOSES, NEVER TO BE USED FOR SLEEPING
OR LIVING QUARTERS.
Location of Property: 55370 C.R. 48, Southold, NY; County Tax
Map Parcel No. 1000-052-03-026.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass and
Sawicki. (Members Doyen and Grigonis were absent.) This resolution
was unanimously adopted.
RESERVED DECISION: Appeal No. 3143o
Upon application for D. Silverman, by FRANK MESSINA, Box 368,
Ronkonkoma, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-32 for permission to construct swimmingpool in the front-
yard area, at 4355 Wunneweta Road, Cutcnogue, NY; Nassau Point Filed
Map, Lot 222; County Tax Map Parcel No. 1000-111-12-006 & 007.
The public hearing concerning this application was held on
June 23, 1983, at which time the hearing was declared closed pending
deliberations.
The board made the following findings and determination:
By this appeal, appellant seeks permission to construct a 20'
by 40' inground swimmingpool with four-foot fence enclosure on an
unusually-shaped parcel of land containing an acreage of approximately
3.7 acres. Due to this parcel having frontage on all sides of: (1)
on the west and south by Wunneweta Road, and (2) on the north and
east by Bayberry Road, a private untraveled right-of-way, technically,
all yard areas are considered front yards, and, lacking rearyard area,
has applied for this variance.
The proposed pool is to be located at its nearest point to
Bayberry Road, 120 fee%, and approximately 195 feet from Wunneweta
Road. The board agrees with the reasoning of appellant in that
the location of tnis proposed pool is the most practical and reason-
able and certainly would not cause adverse effects upon the character
of the neighborhood.
In considering this appeal, the board determines that the variance
request is not substantial; that the circumstances herein are unique;
that by allowing the variance no substantial detriment to adjoining
properties will be created; that the difficulty cannot be obviated by
a method feasible to appellant other than a variance; that no adverse
'Sout~old Town Board of~Appeals -5- June 30, 19~3 Special Meeting
(Appeal No. 3143 - D. SILVERMAN by FRANK MESSINA, continued:)
effects will be produced on available governmental facilities of any
increased population; tnat tne relief requested will be in narmony
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. Sawicki, it was
- -RESOLVED, that Appeal No. 3143, application for D. Silverman by
FRANK MESSINA, for permission to construct inground swimmingpool
in the frontyard area, BE AND HEREBY IS APPROVED AS APPLIED, PRO-
VIDED THAT THERE BE NO EXTENSIVE OVERHEAD LIGHTING AROUND POOL.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass and
Sawicki. (Members Doyen and Grigonis were absent.) This resolu-
tion was unanimously adopted.
PRIOR DECISION: APPEAL NOo 3102 - JOHN AND MARY F. McFEELY.
Pursuant to a copy of correspondence by A.N. Gandia received
June 7, 1983, and pursuant to a continued conversation with the
building department, the following amendment was agreed and adopted
as follows:
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No. 3102, matter of JOHN AND MARY F.
McFEELY, BE AND HEREBY IS AMENDED to permit a variance in the side-
yard setbacks to be 12.0 feet and 12.5 feet (from the 10.0 and
14.5 feet as originally planned).
Vote of the Board: Ayes: Messrs. Goehringer, Douglass,
and Sawicki. Members Doyen and Grigonis were absent.) This
resolution was unanimously adopted.
(Amendment to be filed with this board's original decision
rendered April 27, 1983, filed with the Office of the Town Clerk
May 11, 1983.)
ADDITIONAL SET-UPS FOR PUBLIC HEARINGS FOR 7/21/83:
On motion by Mr. Sawicki, seconded by Mr. Goehringer, it was
RESOLVED, that the following applications be scheduled and
advertised (pursuant to law) for public hearings to be held in
addition to those previously scheduled, to be held at the Southold
Town Hall at the next Regular Meeting, to wit, July 21, 1983:
Appeal No. 3154 - HENRY AND VIRGINIS STEINBRECHER. Frontyard
- variance for proposed bedroom addition. Haywaters Road, Cutch.
Southold Town Board o ~ppeals -6- June 30, 1 ~3 Special Meeting
(Set-Ups for July Regular Meeting, continued:)
Appeal No. 3152 JOHN ANTONIOU. Deck addition reduces front-
yard setback. East Road, Mattituck.
Appeal No. 3149 PHILIP FRUMENTI. A~cessory carport in
frontyard area. Stars Road, East Marion.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass and
Sawicki. (Members Doyen and Grigonis were absent.) This resolution
was unanimously adopted.
NEW APPLICATION3 PENDING PLANNING BOARD: Appeal No. 3153 -
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No. 3153, application of ELIZABETH
SCHWIEGER and MARGARET MURRAY, be held in abeyance pending receipt
of comments, recommendations or approval by the Southold Town
Planning Board.
Vote~of the Board: Ayes: Messrs. Goehringer, Douglass and
Sawicki'. (Members Doyen and Grigonis were absent.) This~resolution
was unanimously adopted.
NEW APPLICATION PENDING PLANNING BOARD: Appeal No. 3144 -
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No. 3144, application of KATHERINE
HEINS, be held in abeyance pending receipt of comments, recommenda-
tions or approval from the Southold Town Planning Board concerning
this proposed division of property.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass and
Sawicki. (Members Doyen and Grigonis were absent.) This resolution
was unanimously adopted.
The board agreed that if comments were received by this
office on or before July 29th, this application would then be
scheduled for public hearing at the Regular Meeting in August.
'~Sou~hold Town Board o~Appeals -7- June 30, 19~3 Special Meeting
NEXT SPECIAL MEETING: The board members a~reed to schedule
Thursday, July 7, 1983 at 7:15 p.m., tentatively, as the date and
time of the next Special Meeting.of this board~ to be held at the
Southold Town Hall, Main Road, Southold, New York, for the purpose
of transacting those business matters properly coming before the
board at that time.
ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer,
seconded by Mr. Sawicki, the following Negative Declarations were
declared pursuant to the rules of the N.Y.S. Environmental Quality
Review.Act of the ~nvironmental Conservation Law, and Local Law
~44-4 of the Town Code:
APPEAL NO.: 3154.
PROJECT NAME: HENRY & VIRGINIA STEINBRECHER:
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 II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Addition to dwelling with an insufficient
frontyard setback from Haywaters Road, Nassau Point, Cutchogue.
LOCATION OF PROJECT: Town of Southotd, County of Suffolk, more
~-~r~icularly known as: 1525 Haywaters Road (also along Old Cove Road)
at Nas~ P~i~%,. Cutchogue, NY.; 1000-111-4-12.
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) The project in question is not located within 300 feet of
tidal wetlands or other environmentally critical area.
Southold Town Board o~'-Appeals -8- June 30, 1F~ Special Meeting
· (E~VIRONMENTAL DECLARATIONS, continued:) ~
APPEAL NO.: 3152
PROJECT NAME: JOHN ANTONIOU:
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, pleas--~--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 II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Deck addition reducing frontyard setback
from East Road.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: South Side of East Road, Mattituck, 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 inquestion is not located nearanenviror~entallycriticalarea.
APPEAL NO.: 3149
PROJECT NAME: PHILIP FRUMENTI:
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 projectJ
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Carport in frontyard area.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: West Side of Stars Road, East Marion, NY.
REASON(S) SUPPORTING THIS DETEP~INATION:
(1) An Environmental Assessment in tbs Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be imp!~mented as
plann~. Project inquestion is~ot located nearanenviror~entallycritical area.
~Southold Town Board ¢.~,Appeals -9- June 30, ~3 Special Meeting
(ENVIRONMENTAL DECLARATIONS~ continued:)
Vote of the Board: Ayes: Messrs. Goehringer, Douglass and
Sawicki. (Members Doyen and Grigonis were absent.) This resolution
was unanimously adopted.
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 5:30 p.m.
Respectfully submitted,
Linda F. Kowalski, Secretary
Southold Town Board of Appeals
/ 9//~/83 Chairmay
RECEIVED AND FILED BY
souTzo .n TOWN
T~ld