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HomeMy WebLinkAboutZBA-11/13/1981 SPECSouthold Town Board of Appeals MAIN ROAD- STATE RI-lAD 25 SnUTHE3LD, L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN. JR. ROBERTJ, DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI M I N U T E S SPECIAL MEETING OF NOVEMBER 13, 1981 A Special Meeting of the Southold Town Board of Appeals was held on Friday, November 13, 1981 at 4:45 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Charles Grigonis, Jr., Chairman; Robert J. Douglass; Gerard P. Goehringer, Joseph H. Sawicki. Absent was: Serge Doyen, Jr. (Fishers Island). The Board members executed a Waiver of Notice of Special Meeting for same date hereof. Notices of this Special Meeting were forwarded to the local and official newspapers Wednesday, November 11, 1981. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it RESOLVED, that the following appeals be scheduled and adver- tised for public hearings to be held at the next regular meeting of this Board, to wit, November 24, 1981 in addition to those previously scheduled for the same meeting date: Appeal No. 2917 - Constance Messina for approval of access. Appeal No. 2922 - Frank E. Brophy for insufficient front and side yard setbacks for proposed deck. Appeal No. 2923 - Ernest E. Wilsberg to construct accessory building in frontyard. Appeal No. 2924 - Edward R. Yanke to construct new dwelling with insufficient front and side yards. Appeal No. 2925 - Arthur M. Schwartz, M.D. for approval of access and relaxation of road specification requirements of the ZBA and Building In- spector. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Absent was Member Doyen, D~shers Island). This resolution was unanimously adopted. Southold Town Board of Appeals -2- November 13, 1981 Special Meeting-~ NEW APPEAL NO. 2917 - Application of Constance Messina, Box 730, Main Road, Cutchogue, NY for a Variance for approval of access along the westerly side of premises located on a right- of-way off Main. Road, Cutchogue, NY, New York Town Law Section 280-a. Location of Property: Off Main Road, Cutchogue, NY; Minor Subdivision of Tut's Acres, Subdivision Lot No. 3; County Tax Map Parcel Item No. 1000-108-3-part of 008. The Board reviewed all matters concerning this appeal and made the following environmental declaration: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Constance Messina, Appeal No. 2917: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to obcur should this project be implemented as planned. The project in question is not located within 300 .feet of tidal wetlands. This declaration should nou be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Off Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-108-3-part of 008. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis.~ Merkber Doyen, Fishers IsIand, was absent. Southo!d Town Board of Appeals -3- November 13, 1981 Special Meeting~ NEW APPEAL NO. 2922. Application of Frank E. Brophy for a Variance to the Zoning Ordinance for permission to construc~t deck addition w~th an insufficient front and side yard setback at 75 Second Street, New Suffolk, New York. The Board made the following environmental declaration: On motion by Mr. Goehringer, secondad by Mr. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Frank E. Brophy, Appeal No. 2922: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a .Type II Action, not having a significant adverse effect upon '~he environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The Board is of the opinion that the deck as proposed will not affect tidal wetlands which is approximately 150 feet from the proposed location. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 75 Second Street, New Suffolk, NY; County Tax Mgp Parcel No. 1000-117-10-20.7. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. Momber Doyen, Fishers IsIand, was absent. Southold Town Board of Appeals -4- November 13, 1981 Special Meeting NEW APPEAL NO. 2923. Application of Ernest E. Wilsberg for a Variance to construct accessory building with bathroom facilities in the frontyard area at 4175 Ole Jule Lane, Mat- tituck, New York. The Board made the following environmental declaration: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Ernest E. Wilsberg, Appeal No. 2923: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notics is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a T3pe II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no szgnificant adverse effects were likely to occur should this project be implemented as planned. The subject premises zs separated from the tidal wetlands area by a road or similar type of barrmer labeling this matter not within the jurisdiction of the N.Y.S. Department of~Envzron- mental Conservation. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 4175 Ole Jule Lane, Mattituck, NY; ~ounty Tax Map Parcel No. 1000-122-5-12 (& 13). Vote of the Board: Sawicki and Grigonis. Axes: Messrs. Douglass, Goehringer~ Mef%ber Doyen, Fishefs IsIand, was absent. Southold Town Board of Appeals -5- November 13, 1981 Special Meeting~ NEW APPEAL NO. 2924. Application of Edward R. Yanke for a Variance for permission, to construct new dwelling with' insufficient front and side (or rear) yard setbacks at the corner of Wigwam and Wampum Ways, Southold, New'York. The Board made the following envirenmental declaration: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Edward R. Yanke, Appeal No. 2924: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southotd Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a ~ype II Action, not having a significant adverse effect upon the environmen~ for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Intersection of Wigwam and Wampum °Ways, Southold, NY; County Tax Map Parcel Item No. 1009-87-2-35. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. Merkber Doyen, Fishers IsIand, was absent. Southold Town Board of Appeals -6- November 13, 1981 Special Meeting-~ NEW APPEAL NO. 2925. Application of Arthur M. Schwartz, M.D. for a Variance for approval of access, New York Town Law Section 280-a. R-O-W off Westphalia Road, Mattituck, New York. The Board made the following environmental declaration: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Arthur M. Schwartz, M.D., Appeal Mo. 2925: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a ~ype .II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The premises in question is an existing lot.. The access road'to be recognized is also existing and in use. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: R-O-W off Westphalia Road, ~attituck, NY: County Tax Map Parcel No. 1000-113-9-10.1. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Qouglass., Gpehring~r, . Mel~ber Doyen, Fishers Island, was absent. Southold Town Board of Appeals -7- November 13, 1981 Special Meeting RESERVED DECISION: Appeal No. 2846. Application of Patricia A. Bailey, RR~I, BOX 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient road frontage of proposed Parcel No. 3 and insufficient area of proposed Parcel No. 2. Location of Property: Northwest side of Leslie Road and east side of Bay Avenue, Cutchogue, NY; bounded north by Nerone, Ficht and McCleery; west by Bay Avenue; south by Maly, Price, Price; east by Swia- tocha; ~County Tax Map Parcel Nos. 1000-97-4-11, 12 and 17. A public hearing concerning this appeal was held on September 17, 1981 after due notice thereof in the local and official newspapers. The Board made the following findings and determination concerning this appeal: Appellant has appealed to this Board seeking a variance for the approval of an insufficient road frontage of approxi- mately 117.24 feet along Leslie Road of Proposed Lot 3 and the approval of an insufficient area of exact square footage of Proposed Lot 2, unknown to the board. Appellant has sub- mitted a sketch indicating the square footage of Proposed Lot 2 to be 36,369. The Board is familiar with the premises and recognizes there are several existing buildings on each of the three proposed parcels; however the location of the lot lines in relation to the location of these buildings has not been provided for consideration. The Board is con- cerned as to the nearness of the proposed lot lines and perhaps whether a building may be situated thereon. On August 6, 1981 this Board held a public hearing concerning this same appeal, and the Board rendered a deci- sion at a meeting held August 26, 1981 denying same without' prejudice inasmuch as the notice of hearing was not adver- tised correctly in both the local and official newspapers and therefore it was not within the authority of this Board to favorably act upon this application as advertised. At a Regular Meeting of the Board of Appeals held Septem- 'ber 3, 1981, a resolution was unanimously adopted scheduling and requiring readvertising of this appeal for public hearing, which was held and closed on Thursday, September 17, 1981, pending a decision, upon receipt of an up-to-date certified survey showing the square footage of proposed Lots 1 and 2 and showing the existing structures with setbacks. Letters confirming same were forwarded to the applicant on Septem- ber 23, 1981 and October 28, 1981 and to date the Board has not received the requested documentation. ~ . The entire premises in question and considered merged contains an area of approximately 8.3 acres. The zoning code requires each parcel of land to contain an area of 40,000 square feet with road frontage of 150 feet for residential purposes. It is the opinion of the Board that Southold Town Board of Appeals -8- November 13, 1981 Special Meeting (Appeal No. 2846-Patricia A~ Bailey continued:) there is adequate land available for appellant to meet the requirements of the zoning code for 40,000 square feet Without significant economic injury. It is also the opinion of the Board that the ll7-foot road frontage for Proposed Lot 3 is not unreasonable and that the unusual shape of these premises lends itself to practical difficulties in this appeal for the insufficient road frontage. In considering this appeal, the Board determines that the relief requested as to insufficient area may be substan- tial in relation to the requirements of the zoning code; that the difficulty can be obviated by some method feasible for the applicant to pursue other than a variance for insufficient area; that the circumstances herein are not unique; that in view of the manner in which the difficulty arose and in consideration of all the above factors the interest of justice will be served by denying the variance as applied for. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the application of Patricia A. Bailey, Appeal No. 2846 be denied as applied for. Location of Property: Northwest side of Leslie Road and the east side of Bay Avenue (a/k/a Skunk Lane), Cutchogue; bounded north by Nerone, Ficht and McCleery; west by Bay Avenue; south by Maly, Price, Price; east by Swiatocha; County Tax Map Parcel Nos. 1000-97-4-11, 12 and 17. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. APPEAL NO. 2925 dated November 10, 1981. Application of Arthur M. Schwartz, M.D. and APPEAL NO. 1632 dated July 26, 1972. Application of Ruth Sloan Gimbernat. RE: Letter dated November 6, 1981 and received Novem- ber 10, 1981 by our office from Roger L. Munz concerning his father's interest in the right-of-way in the above appeals. Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and unanimously carried, to reply to Mr. Munz' letter indicating that the most recent appeal No. 2925 of Dr. Schwartz is scheduled for public hearing to be held on Southold Town Board of Appeals -9- November 13, 1981 Special Meeting Tuesday, November 24, 1981 at 8:50 o~clock p.m., explaining the rules and regulations for public notice and notices of petitions by certified mail_to adjacent property owners as. required by Town Law and the Town Code. The Board also noticed that Mr. Munz' was appearing to be writing the Board on a personal basis although his letter appeared on official letterhead of the Suffolk County Department of Real Estate. The Board inquired whether or not the Suffolk County Department of Real Estate had an interest in this appeal. Vote of the Board: Goehrlnger and Grigonls. absent.) Ayes: Messrs. Douglass, Sawicki, (Member Doyen, Fishers Island, was APPEALS NO. 2912 and FL-9. Appeals of Frank Curran. Location of Property: 780 Fishermen's Beach Road, Nassau Point, Cutchogue, New York. Peter R. Stoutenburgh, agent forMr. Curran, appeared informally before the Board concerning the Board's decision rendered November 5, 1981. Mr. Stoutenburgh said that they were contemplating taking 112 square feet from the easterly side of the dwelling, porch area, in order to comply with the Board's Condition No. 1 "...That applicant eliminate 112 square feet of building area (when using Mr. Van Tuyl's calculations for total lot coverage). The Secretary stated that during the latter part of this afternoon the Building Inspector (George Fisher) assured that Mr. Curran would not have to reapply or return to the Board of Appeals for the proposal contemplated above, inasmuch as he would appear to be in compliance with the Board's condition. Motion was made by Mr. Grigonis, seconded by Mr. Sawi~ki, to designate Jack Davis as road inspector for the Board of Appeals as required and directed by the Board of Appeals for inspections and written reports concerning private right-of- ways, access roads, et cetera. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. Mr. Grigonis reported to the Board on the status of ~he Zoning committee meeting held Thursday, November 12, 1981. Mr. Grigonis said that a list will be required from the Board of Appeals as to which variances for access roads on Fishers Southold Town Board of Appeals -10- November 13, 1981 Special Meeting Island have been approved and that inspections and reports on Fishers Island private roads requiring 280.a approvals from this Board should be done and a-ldetermination made as to which roads will require Z.B.A. approvals in order to prevent duplication of variances, etc. The Board decided to discuss this further at the next regular meeting of the Board, to wit, November 24, 1981. Being there was no further business to come before the Board at this time, the Chairman declared the meeting closed at approximately 6:00 o'clock p.m. Respectfully submitted, 'r,inda F. Kowalski, Secretary Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR. CHAIRMAN SERGE DOYEN, JR. ~F ER R-Y--~L--E ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki WAIVER OF NOTICE OF MEETING OF THE SOUTHOLD TOWN BOARD OF APPEALS W'E, the undersigned, bein§ members' of the Board of A~peals of the Town of Southold, Suffolk County, New York, do hereby severally waive notice of the time, place and purpose of the meeting of the Board of Appeals to be held at the Southold Town Hall, Main Road, Southold, New York on Friday, November 15, 1981 at 4:45 o'clock p.m. and do hereby consent that the same be held on said date for the transaction of any business which may properly come before said meeting. DATED: November lO, i98i Southold, New York. ~e~m~er/Joseph H.~S~ ckni Chairman Charl~ Grig~/fs, Jr.