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HomeMy WebLinkAboutZBA-07/16/1981Southold Town Board of Appeals MAIN ROAD- STATE ROAD ~-5 SrlUTHnLD, L.I., N.Y. llCJ?l TELEPHONE (516~ 765.1809 APPEALSBOARD MEMBERS CHARLES GRIGONIS JR., CHAIRMAN SERGE DOYEN. JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI MINUTES SPECIAL MEETING !981_ A Special Meeting of the Southold Town Board of Appeals was held on Thursday, July 16, 1981 at 4:45 p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Charles Grigonis, Jr., Chairm~u; RObelrt J. Douglass; Gerard P. Goehringer; Joseph H. Sawicki. (Absent was: Serge Doyen, Jr., Fishers Island.) The Chairman ooened the meeting az 5:05 o'clock p.m. RECESSED HEARING: Appeal No. 2839. Application of Colonial Corners~ Incoreorated. This hearing was reconvened as 5:05 p.m. It had been recessed at the meeting of this Board on July 9, 1981, so be reconvened on this date. Appeal No. 2839. Application of Colonial_ Corners, inc., Main Ro~d, Southold, NY, (by William B. Smith as agent), for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-71 for approval of insu££icient area and yard setback of two proposed parcels at the south side of Main Road, Southold, ~; east parcel to Dubovick; bounded, north by State Road 25; south and east by Methodist Church. County Tax Mae Parcel Item No. 1000-61-4-7. MR. C~IRMiN: This is Aooeal No. 2839. We recessed it last sime. It's just been brought so my attention that Colonial Corners Inc. is incorrecs; there's no such establishment. It is Albertson & Katz, period. ME~ER GOEHRINGER: Albertson & Xatz, no inc. MR. CHAIRMIN: I'll make a motion that ~his be amended, that the application be amended to read as Albertson & Katz. ME}-~ER DOUGLASS: Seconded. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, vo amend the application ~o read Albertson & Katz, aooeal 2839. Southold Town Boar~Jof AmDeals -2--~ July 1~, 1981 Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer, and Sawicki. (Mr. Doyen was absent.) MR. CHAIRM~N: So moved. Mainly, I think we got you people to~ether so you and Mr. Albertson and Mr. Dubovick could figure out iff you had any questions zo ask, Mr. Albertson, and how you'd make ouz. I talked zo Mr. Albertson the other night and he said he had a letter. DR. DUBOVICK: Just to make sure there's no problem. Apparently there is something to explain. STEPHEN 0STROW: The way Mr. Albertson explained it to me is that there's real!y practically anything im connection with Dr. Dubovick's ~roperty and that prior to continue working done, that Atbertson & Katz Will deliver (this word was inaudible) certificates of liability for anything that might indeed affect ~r. Dubovick or his property. Dr. Dubovick has no objection %o the application being made. (At this time during the hearing more than one merson was speaking and a verbatim transcription was not ~ossibleo) ME~ER GOEHRINGER: Can I ask a question? MR. CHAIRM~N: Yeah, go ahead. MEMBER GOEHRINGER: Or do you wanz to digress on that. Do you want to say anything or can I ask a question? MEMBER DOUGLASS: No, go ahead. ME~ER GOEHRINGt~: Bill was going to bring us a copy (phrase was inaudible) indicating that you had a right of way over the main church parking lot which is leased to the Town or something, covering some kind of egress out of the rear? WILLIAM SMITH: A copy o£ the deed, or the contract (remainder of the szazemenz was inaudible.) MEMBER GOEHRINGER: We'll run a copy off showing this so we can-- (At this time, more then one person was speaking and it was unclear as ~o what the statements were.) ~. CHAIRMAN: Any olher questions? Bob may have something he wants to say'. MEMJ~ER GOEHRINGER: Is there any timeliness involved in this? Can you wait for a decision until the August fifth, when's the next meeting? gE~ER SAWICKI: The sixth. MEMBER GCEHRINGER: August sixth. Can you wait until the August sixth meeting? (At this time more than one ~erson was speaking and it was unclear as to what the statements were. Southold Town Boa~Jof Appeals -3- July 16, 1981 WILLIAM SMITH: If you get this before the twenty fourth of July, I can get it into the AugUst 3rd Planning Board meeting. A.W. ALBERTSON, JR.: Get what? WILLIAM SMITH: Get this thing started for subdivision. A.W. ALBERTSON, JR.: Sure~ We're ready. WILLIAM SMITH: That's the only thing. As long as we delay it, I think it's the, I was told., if I got my papers in on another deal before July twenty something, we'd be on the August 3rd meeting. MEM-~R GOEHRINGER: Well, the reason why I asked that question, Bill, is because we're certainly not going to make a decision today because we do_~'t have Serge With us. WILLIAM SMITH: You don't have what? MEMBER GOEHRINGER: WILLIAM SMITH: Oh. ME~ER GOEHRiNGER: We don't have Serge Doyen with us~ We're only going to close the hearing today. Okay. Now, I don't know when we're going to get together for the next special meeting, so that was the reason why I asked. It could be before the twentieth, I don't know. WILLIAM SMITH: Yeah, well. MEMBER GOEHRINGER: Or whenever the Chairman CaTIs for another meeting. MR. CHAIRY~N: We'll probably have another meeting before then. ME~ER GOEHRINGER: Yeah. Some people have sub-conSractors waiting who are ready to go in and some wait. WILLIAM SMITH: Well, we've got a long way to go. M~. CHAIR~N: Bob, do you have anything to ask them? MEMBER ~OUGLASS: Well, i was just looking here. Jumey can answer it, I guess, here on this, Where it shows the building at the line of the right of way. But then it shows the property line out past the curb. See, here-- A.W. ALBERTSON, JR.: Oh, wa£t a minute, you have the wrong, this is the one I'm working on. This, I've done (remainder of statement was inaudible.) ME~ER DOUGLASS: Qh, this you don't-- A.W. ALBERTSON, JR.: That's Krupski. ~E~ER DOUGLASS: Yeah, but don't you use this? A.W. ALBERTSON, JR.: Yeah. Southoid Town Boar'a~of Appeals -4-~/ July 16, 1981 ME~.~ER DOUGI~SS: Yeah, this you have to use. They show this the curb and they show that the line of the building. A.W. AisB~RTS0~, JR.. That's about right. MEP~ER DOUGLASS: But they show the property line out there. A.W.A.I3ERTSON, JR.: It is. MEF~ER DOUGLASS: It comes out into this area here. A.W. ALBERTSON, JR.: There you are. Yes. MEMBER DOUGLASS: Yeah. (The previous few statements are referring to building plans which were not ~rovided to the secretary for re£erence at the time of testimony.) MR. CHAIR~: Any other questions? (~egative) ~. Dubovick, are you satisfied wit~ what they have proposed? A.W. ALBERTSON, JR.: I t0~dlJuney~that at closing I will have the necessary ~surance to cover (remainder of statement was inaudible.) STEPHEN 0STROW: As long as you have it vrior to any demolition and construction-- A.W. ALBERTSON, JR.: Oh, yes, sure, and even before the trees touch the grass. (Remainder of statement was inaudible.) MR. CHAIRMAN: So, I'll offer a resolution closing the hearing so we won't hold you gentlemen up. The resolution to close the hearing and reserve decision. MEMBER GOEHRtNG~R' Second On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the hearing be declared closed and. decision reserved in the matter of Appeal No. 2839, application of Albertson & Eats (form- erly and also known as Colonial Corners, Inco). Vote o£ the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer, and Sawicki. (Mr. }oyen was absent, Pishers Island.) On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RES05VED, ~o amend the minutes of the Seecial Meeting held by this Board on June 24, 1981 to include the Environmental Declaration of James Giambalvo (a/k/a Peconic Ba}~ Gardens, Inc.) which action was taken by the Board on that date but which was nos zyped in the original minutes due to a zypographical error. Vote of the Board: Ayes: Messrs. Grigonis, ~ouglass, Goehrin~er, and Sawicki. (Absent was: Mr. Doyen, Pishers Island.) Southold Town Boa~'~lof Appeals -5- ~ July 16, 1981 Motion was made by Mr. Grigonis, seconded by Mr. Douglass, that %he following appeals be scheduled and advertised for public hearings to be held at the next regular meeting o£ this Board, to wit, August 6, 1981 at the Southold Town Hall, Main Road, Southotd, New York: 7:25 p.m. Appeal of Margar. e.t McGowan. For approval o£ insufficient area and/or width of two parcels due to the relocation of lot lines. R-O-W south o£ Great Peconic Bay Blvd.., Laurel 7:35 p.m. Appeal of Ke~nethIo & Judy M. McEall. To construct one-family dwelling from pre-existing chapel with insufficient rear yard setback at 7216 Great Peconic Bay Blvd., La~el Vote of the Board: Ayes: Messrs. Grigonis, Douglass, and Sawickio M~. Goehringer abstained. Mr. Doyen was absent. (F.Io') On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to declare the £ollowing Negative Environmental Declaration concerning the matter of Margaret McGowan, Appeal No. 2852: ENVIRONMENTAL ~ECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environ- mental Conservation Act, Article 8 of the Environmental Conservation I~w, and Section 44-4 o£ the Southo!d Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse e~fect 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 property 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 involved, nor for any other project not covered by the subject appeal application. Vote of the Board.: Ayes: Messrs. Grigonis, Douglass, Goehringer, and Sawicki. (Mr. :Doyen was absent, Fishers Island.) On motion by Mm. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Kenneth I. & Judy M. McCall, Appeal No. 2853: Southold Town Boai-~ of Appeals -6- ~ ~' July 16, 1981 ENVIRONMENTAL DECI~iRATION: Pursuant to Section 617o13 of the ~.Y.S. Department of Environ- mental 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 thati~%he subject project as proposed herein 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 occur should this project be implemented as planned. The property in question is not located within 300 feet of tidal ~etlands. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal application. Vote of the Board: Ayes; Messrs. Grigonis, Douglass, Goehringer~ and. Sawicki. (Absent was: Mr. Doyen, ~ishers Island.) After discussion~ the Board scheduled its next inspection for Wednesday, July 29, 1981 at 5:15 o'clock p.m. Being there was no further business to come before the Board, motion was made by Mr. Grigoni~ seconded by Mr. ~oehringer, and carried to adjourns, at 5:30 o'c±ock p.m. (approx.) Respectfully submitted, Eileen ~. Carey~ Secretary Town Board of Appeals