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HomeMy WebLinkAboutZBA-11/07/1981 SPECAPPEALS BOARD MEMBERS GERARD P. GOEHrlNGER CHARLES GRIGONIS. JR.r Cha~-~maD. SERGE DOYEN. JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. TELEPHONE (516 765-1809 MINUTES SPECIAL MEETING NOVEMBER 7, .1981 A Special Meeting of the Southold Town Board of Appeals was held on Saturday, November 7, 1981 at 9:15 a.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Charles Grigonls, Jr., Chairman; Gerard P. Goehringer, Robert J. Douglass and Joseph H. Sawicki. Absent was: Serge Doyen (Fishers Island). The Chairman opened the meeting at 9:15 a.m. The Chairman reviewed those matters pending from the last meeting of the board, as follows: Joseph Lizewski, Appeal No. 2885. The public hearing was held on October 15, 1981, at which time decision Was reserved pending deliberations. The board would like to consult with the Town Attorney on this matter. Patricia A. Bailey. Appeal No. 2846. The public hearing on this matter was held and closed on September 17, 1981, pending receipt of an accurate up-to-date survey of the property as requested on September 23, 1981 and October 28, 1981. An up-to-date survey has not ye~ been received. It was noted tha~ the deadline in which to make a decision in this matter is November 16, 1981. Frances N. Frisbie. Appeal No. 2913. The public hearing on this matter was held and closed on November 5, 1981, pending receipt of the actual square footage of the existing structures. This information has no5 yet been received. So~thold Town Board of Appeals -2- November 7, 1981 Special Meeting RESERVED DECISION: Appeal No. 2874. Application of Matthew Mc- Kiernan, 970 Gin Lane, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct new dwelling with an insufficient frontyard setback at premises located at the east end of Beachwood Lane, Southold; bounded north and east by Beachwood Lane; south by Goose Creek; west by Meringold; County Tax Map Parcel Item No. 1000-70-10-60. Public Hearings were held on this matter on September 17, 1981 and October 15, 1981. The Board made the following findings and determination: Appellant has appealed to this Board seeking a variance from the zoning ordinance, Article III, Section 100-31, Bulk Schedule for an insufficient frontyard setback from Beachwood Lane of 30 feet. The subject premises contains an area of approximately 17,500 square feet with approximately 107 feet road frontage and 107 feet depth at the easterly property line and 202.70 feet depth at the westerly property line. These premises fronts Goose Creek and pursuant to correspondence dated August 20, 1981, applicant has received permission from the N.Y.S. Department of Environmental Conservation with the restriction that the new home be placed not closer than 50 feet from the tidal wetland boundary, leaving minimal area in the frontyard. The Board agrees with the reasoning, of the N.Y.S. Department of Environ- mental Conservation; however, the Board feels that applicant can take off a five-foot portion of the front of the dwelling or perhaps change the design of the house in order to meet a 35-foot frontyard setback. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by permitting a 35-foot frontyard setback no substantial detriment to adjoining properties would be created; that the difficulty cannot be. obviated by a method, feasible to appel- lants, 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 the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that a variance to the zoning ordinance as Sohthold Town Board of Appeals -3- November 7, 1981 Special Meeting (Appeal No. 2874 - Matthew McKiernan continued) applied for in Appeal.No..2874, application of Matthew McKier- nan be ALLOWED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the frontyard setback be a minimum of 35 feet; 2. That the grading of the lot shall be done in such a manner that it does not cause flooding of surrounding lots; 3. That this matter be referred to the Suffolk County Planning Commission; 4. That this matter is subject to approval of the N.Y.S. Department of Environmental Conservation; 5. That this project comply with the rules and regulations of the Flood Damage Prevention Law of the Town of Southold; 6. That this project is subject to the approvals of the Suffolk County Department of Health Services. Location of Property: East End of Beachwood Lane, Southold; County Tax Map Parcel Item No. 1000-70-10-60. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Grlgonis. RESERVED DECISION: Appeal No. 2893. Application of Stanley J. Fliss, Jr. for Mattituck Air Base, Inc., 840 Bray Avenue, Mattituck, New York for a Variance tO the Zoning Ordinance, Article VIII, Sec- tion 100-80 for permission to construct addition to office building with an insufficient front yard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Avenue; east by Wickham, Parkin, Tandy, Kujawski. County Tax Map Parcel Item No. 1000-123-1-2. A public hearing was held and closed concerning this appeal on October 15, 1981. The Board made the following findings and determination: Appellant has appealed to this Board seeking a varmance for permission to construct an addition to the existing office building at 410 Airway Drive, Mattituck, New York with a setback from Airway Drive of approximately 15 feet. Existing on the premises is an extensive building with office, stock rooms, waiting room, etc. The proposed addition contains an area of ~ Southold Town BOard of Appeals -4- NoVember 7, 1981 Special Meeting (Appeal No. 2893 - Mattituck Airbase, Inc. continued:) approximately 447 square feet. The addition for office space as indicated in the appeal application seems most practical inasmuch as it is being extended from the existing office area, however, the Board is concerned about the nearness of the building to Airway Drive particularly if Airway Drive were accepted as a Town Road. Information supplied to the Board indicates that Airway Drive is maintained by %he Town. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that no adverse effects will be produced on available governmental facilities of any increased population; that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that a variance to the zoning ordinance as applied for in Appeal No. 2893, application of Mattituck Air Base, Inc. be allowed SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback from the easterly property line be not closer than 18 feet; 2. That this matter be referred to the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: 410 Airway Drive, Mattituck, NY; County Tax Map Parcel Item No. 1000-123-1-2. Vote of the Board: Ayes~: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Mr. 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 adjourned at 10:00 a.m. Respectfully submitted, APPROVED Li~da P. Kowalski~ Secretary Southold Town Board of Appeals C~kma~ B~ of Ap~als Southo cl Town Boa d o£ Appeals MAIN Ri-tAD STATE ~OAD 2~ c::rlUTHDLD, L,I., N,Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. CHAIRMAN SERGE DOYE/~, .IR. 'FER R~Y--T-GT~. ! LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sawicki WAIVER Of NOTICE Of MEETING OF THE SOUTHOLD TOWN BOARD OF APPEALS WE, the undersigned, being members' of ~h.e Board of Appeals of the Town of Southold, Suffolk County, New Yb~k, 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 ~.'/~.~. 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. z-'~lV~mber Robef..i~'~.Do~gla~/~s /~ffqembey}aerard~-~oeh~/~ger ~6i man Chan~eg G~gonis, Jr.