HomeMy WebLinkAboutZBA-10/31/1980 SPECSouthold Town Board o£Appeals
MAIN ROAD- STATE: ROAD ~._~ SOU'THOLD, L.I.. N.Y. 11c~'71
TELEPHONE 15161 765-180g
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR. CHAIRMAN
SERGE DOYEN JR,
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Joseph H. Sawicki
MINUTES
SPECIAL MEETING OF
OCTOBER 31, 1980
A Special Meeting of the Southold Town Board of Appeals was
held on Friday, October 31, 1980 at 4:15 o~clock p.m. at the
Southold Town Hall, Main Road, Southold, New York 11971.
Present were: Charles Grigonis, Jr.. Chairman;
Douglass: Gerard P. Goehringer; Joseph H. Sawicki.
Serge J. Doyen, Jr. (Fishers Island).
Robert J.
Absent was
The Chairman called this meeting for the purpose of setting
up any new files that may have been filed during the extended
period in time for the next regular meeting and subsequent to
the last regular meeting. Also, the Board will discuss any
new matters that have developed since the last regular meeting.
On motion by Mr. Grigonis, seconded by Mr. Douglass,
WHEREAS, applicant has submitted an environmental assess-
ment in the short form which indicates that no adverse effects
were likely to occur to the environment;
WHEREAS, the subject property does not appear to be located
within 300 feet of tidal wetlands, and therefore would not
appear to require permits from the N.Y.S. Department of Environ-
mental Conservation;
IT IS RESOLVED, that in Appeal No. 2759, application of
Kramer & DePetris Agency, Inc. dated the 29th day of October, 1980,
for a variance to the Zoning urdinance for permission to place
letters on side of building at 54985 Main Street, Southold, NY
this Board determines that this project if implemented as plan~ed
herein is classified as a Type II Action, not having a significant
Southold Town Board of Appeals
October 31, 1980
Special Meeting
effect upon the environment;,.and p~rsuant to the N.Y.S. Environ-
mental Quality Review Act (SEQRA), Sections 617.13 ~and- 617.5(a),
and the Southold Town Code, Section 44-4, no further determination
or procedure is ~equired in the SEQRA standards of process by this
department. [This declaration should not be considered a deter-
mination made for any other department or agency which'may be
involved or any other project not covered by this application.]
Vote of the Board: Ayes: Messrs. Grigonis, Douglass~
Goehringer and Sawicki. Absent was: Mr. Doyen.
motion by Mr. Grigonis, seconded b~ Mr. Douglass,
WHEREAS, applicant has submitted an environmental assess-
ment in the short form which indicates that no adverse effects
were likely to occur to the environment;
WHEREAS, the subject property does not appear to be located
within 300 feet of tidal wetlands, and therefore would not
appear to require permits from the N.Y.S. Department of Environ-
mental Conservation;
IT IS RESOLVED, that in Appeal No. 2758, application of
Jack J. Stukas, by Rudolph H. Bruer, Esq.rdated October 21, 1980
for a variance to the.Zoning Ordinance for approval of insuffi-
cient area and width of property located at Sound Ave., Mat~ituck,
this Board determines that this projlect if implemented as planned
here~n is classified as a Type II Action, not having a significant
effect upon the environment; and pursuant to the N.Y.S. Environ-
mental Quality Review Act (SEQRA), Sections 617.13 and 617.5(a),
and the Southold Town Code, Section 44-4, no further determination
or procedure is required in the SEQRA standards of process by this
department. [This declaration 'should not be considered a deter-
mination made for any other department or agency which may be
involved or any other project not covered by this application.]
Vote of the Board: Ayes: Messrs. Grigonis, Douglass,
Goehringer and Sawicki. Absent was: Mr. Doyen.
On!~met~on by Mr.~Grigonis, seconded by Mr. Douglass,
WHEREAS, applicant has submitted an environmental assess-
ment in the short form which indicates that no adverse effects
were likely to occur to the environment;
W~EREAS, after referrin:g this matter to the N.¥.S. Depart-
ment of Environmental Conservation, this Board has r.eceived
letter dated September 22, 1980 indicating that no permit under
Article 25 (Tidal Wetlands) of the Environmental Conservation
Law is required, and that this project is behind substantial
Southold Town Board of Appeals -3- October 31, 1980
Special Meeting
man-made structures in excess of 100 feet. in length on all sides;
IT IS RESOLVED, that~i~' Appeal No. 274'2, applfca~ion of
William A. Hatfield, doing business as Northeast Enterprises, Inc.
for a variance to the Zoning Ordinance for approval of parcel to
be established with insuff$cient area and width at 6725 and 6775
New Suffolk Road, New Suffolk, New York (Co. Item ~i000- 117-5-28 & 29,
this Board determines that this project if implemented as planned.
herein is classified as a Type II Action, not having a significant
effect upon the environment; and pursuant to the N.Y.S. Environ-
mental Quality Review Act (SEQRA), Sections 617.13 and 617.5(a),
and the Southold Town Code, Section 44-4, no furt'her determination
or procedure is required in the SEQRA standards of process by this
department. [This declaration should not be considered a deter-
mination made for any other department or agency which may be
involved or any other project not covered by this application.]
Vote of the Board: Ayes: Messrs. Grigonis, Douglass,
Goehringer and Sawicki. Absent was: Mr. Doyen.
On motion by Mr. Grigonis, seconded by Mr. Douglass',
WHEREAS, applicant has submitted an environmental assess-
ment in the short form which indicates that no adverse effects
were likely to occur to the environment;
WHEREAS, the subject property does not appear to be located
within 300 feet of tidal wetlands, and therefore would not
appear to require permits from the N.Y.S. Department of Environ-
mental Conservation;
IT IS RESOLVED, tha.t in Appeal No. 2761, application of
James R. Wheeler by William H. Price, Jr., Esq. dated .10/31/80,
for a variance to the Zoning Ordinance for insufficient area,
width and/or depth of two proposed parcel.s at Kenny's Rd., Southold,
this Board determines that this project ~f implemented as planned
herein is classified as a Type II Action, not having a significant
effect upon the environment; and pursuant to the N.Y.S. Environ-
mental Quality Review Act (SEQRA), Sections 617.13 and 617.5(a),
and the Southold Town Code, Section 44-4, no further determination
or procedure is required in the SEQRA standards of process by this
department. [This declaration should not be considered a deter-
mination made for any other department or agency which may be
involved or any other project not covered by this application.]
Vote of the Board: Ayes: Messrs. Grigonis, Douglass,
Goehringer and Sawicki. Absent was: Mr. Doyen.
Southold Town Board of Appeals -4- October 31, 1980
Special Meeting
On motion by Mr. Grigonis, seconded by Mr. Douglass,
WHEREAS, applicant has submitted an environmental assess-
ment in the short form which indicates that no adverse effects
were likely to occur to the environment;
IT IS RESOLVED, that in Appeal No. '2760, application of
Richard A~derson, by Gary Flanner Olsen, Esq. dated 10/ /80,
for a variance to New York Town Law'~ Sed.t~,on 280-a for
approval of access to property located at Wunneweta Pond,
Nassau Point, Cutchogue, New York (Co. Item #1000-111-14-29),
this Board determines that this project if implemented as planned
herein is classified as a' Type II Action, not having a significant
effect upon the environment; and pursuant to the N.Y.S. En¥iron-
mental Quality Review Act (SEQRA), Sections 617.13 and 617.5(a),
and the Southotd Town Code, Section 44-4, no further determination
or procedure is required in the SEQRA standards of process by this
department. [This declaration should not be considered a deter-
mination made for any other department or agency which may be
involved or any other project not covered by this application.]
Vote of the Board: Ayes: Messrs. Grigonis, Douglass,
Goehringer and Sawicki. Absent was: Mr. Doyen.
On motion by Mr, Grigonis, seconded by Mr. Douglass,
it was
RESOLVED, that the following matters be scheduled and adver-
tised for public hearings to be held at the next regular meeting
of this Board, to wit, November 20, 1980 in addition to those
previously scheduled:
Appeal No. 2759 - Application of Kramer and DePetris Agency,
Inc. for permission to place identification
sign l~etters at side of building known as
54985 Main Street, Southold, NY.
Appeal No. 2758 - Application of Jack J. Stukas by Rudolph H.
Bruer, Esq. for approval of insufficient
area and width of property at the north
side of Sound Avenue, Mattituck, NY.
Appeal
No. 2742~- Application of William A. Hatfield, d/b/a
Northeast Enterprises; Inc. for approval
of insufficient area and width of a parcel
to be separated from-propert~ located at
the east side-of New Suffolk Road, Cutchogue.
Southold Town Board of Appeals -5- October 31, 1980
Special Meeting
Appeal No. 2760 - Application of Richard Anderson, by Gary
Fla-noer Olsen, Ese. for approval of access
to'a parcel located at Wunnewet~ Pond,
Nassau Point, Cutchogue, NY.
Appeal No. 2761 Application of James R. Wheeler, by
William H. Price, Jr., Esq. for'~approval
of insufficient area, width and depth of
parcels located at Kenneyls Road, Southold.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass,
Goehringer and Sawicki. Absent was: Mr. Doyen.
Matter of Eccles Pridgen, Appeal No. 2746.
On motion by Mr. Douglass, seconded by Mr. Grigonis,
WHEREAS, on September ll, 1980 applicant filed a.variance
for approval of insufficient width of a parcel to be established
at the south side of Peconic Bay Boulevard, Laurel, New York; and
WHEREAS, on October 10, 1980, this Board referred the
subject appeal to the Southold Town Planning Board for its
input concerning the proposed project which would also involve
their board; and
WHEREAS, on October 16, 1980 the Southold Town Planning
Board recommended that "...the property be divided into three
lots (rather than two) with.lot lines running east and west
with a right-of-way over same (rather than running north and
south)...?; and
WHEREAS, on October 27, 1980 this Board has received a
formal requ'est that this appeal be withdrawn;
NOW, THEREFORE, BE IT RESOLVED, that this matter be with-
drawn as requested by appellant herein.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass,
Goehringer and Sawicki. Absent was: Mr. Doyen.
RESERVED DECISION: Appeal No. 2747. Application of
Yasar Gucer, by Charles S. DeVoe, 3630 Orchard Street, Orient,
New York 11957, for a Variance to the Zoning Ordinances Article
III, Section 100-31 for permission to construct dwelling with
insufficient sideyards at 45 Osprey Nest Road~ Greenport, NY;
bounded north by Osprey Nest Road; west by Manners; south by
Paulisen; east by Dawn Estates Shopping Center. County Tax Map
Southold Town Board of Appeals
October 31, 1980
Item No. 1000-35-6-38.
After investigation and personal inspection, the Board finds
as follows:
Appellant has appealed to this Boar.d seeking a variance for
permission to construct new dwelling with insufficient sideyards,
12.23 feet at the west side and 12.97 feet at the east side,
for a total of 25.20 feet.
The premises in question contains approximately 11,250 square
feet in area, and existing thereon at the southeast corner is a
small concrete block pit. Upon researching, it has been found
that this parcel is known as Lot No. I of Cleaves Point, Section
I Subdivision, and has been in single and separate ownership
prior to acre zoning (1971).
The Board finds and determines that the relief requested
in relation to the Code requirements is not substantial; that
if the variance is granted no substantial detriment to adjoining
properties will be created; that the interests of justice will
be served by the granting of the relief requested; that no ad-
verse effect is produced on available governmental facilities of
any increased population; and that no substantial change will be
produced in the character of the neighborhood.
On motion by Mr. Douglass, seconded by Mr. Goehringer,
IT IS RESOLVED, that Yasar Gucer by granted a variance to
the zoning Ordinance, Art. III, Sec. 100-31 for permission to
construct new dwelling with insufficient sideyards SUBJECT TO
THE FOLLOWING CONDITION:
That the east sideyard maintain a minimum of 15 feet and
the west sideyard maintain a minimum of 10 feet.
Location of property: 45 Osprey Nest Road, Greenport, New
York; bounded north by Osprey Nest Road; west by Manners; south
by Paulisen; east by Dawn Estates Shopping Center. County Tax
Map Item No. 1000-35-6-38.
Vote of the Board: Ayes: Messrs. Grigonis~ Douglass,
Goehringer and Sawicki. Absent was: Mr. Doyen.
Mat~er_.of-'-Roy~C."~Schoenhaar, Appeal N'o. 2674. The secretary
advised the Board members that Mr. Olsen, attorney for Mr.
Schoenhaar, had requested that this matter be scheduled for
the next 'regula-r meeting and that.if a de'c"ision has 'to be made
before the Town Board rendered a decision Concerning the zoning,
it could always be made "subject to" such Town Board decision.
A motion was not made to schedule this matter to,re-open the
hearing at this time.
Southo]d Town Board of Appeals
-7-
October 31, 1980
Being there was no further business to come before the Board,
the Chairman called the meeting closed at 4:45 o'clock p.m.
Respectfully submitted,
Linda F. Kowalski
Secretary
Southold Town Board of Appeals
A??ROVED
Chmrm~ Board ~/App