HomeMy WebLinkAboutZBA-05/02/1984-SPEC Southold Town Board of Appeals
HAIN ROAD-~TATE ~OAD 25 -~OUTHOLD, L.I,, N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DO'YEN. JR.
ROBERT J. DOUGLASS M I N U T E S
JOSEPH H. SAWICKI - - -
SPECIAL MEETING
WEDNESDAY, MAY 2,-'1'984
A Special Meeting of the Southold Town Board of ApDeals was held
on Wednesday, ]M~y 2,' 1'984 at 7:00 o'clock p.m' at the Southold Town
Hal~ ~ Roa'd~-~-6~thold~, New York. ' ~
Present were: Gerard P.-Goehringer, 'Chairman; Charles Grigonis,
MembeR; Robert J. Doqg. lass,_Member; and Joseph H. Sawicki, Member.
Absent was Serge D'oyeq, Member (Fishers Isla'nd)~ Also present was
Victor Lessard, Building~Department Administrator.
The Chairman opened the meeting at 7:00 p.m.
~PPEAL NO. 3234: ABBoTT'~ S~ANsON:A:'TR~C~ENBROD+,-ET AL.
~n-reviewing the Shor~ Environmental Assessment Form submitted
with the appeal a_.p. plication in the above ..matter, the board noted
serveral "y~sffs" ~Adicating the project may be significant° In
accordance wi'th'Section 617~3 of the State Environmental Quality
Revie~ Act, the followin~ action was taken:
On motion by Mr. D~uglass, seconded by Mr. Grigonis, it was
RESOLVED, that this--~oard hereby det~mine~ i~self lead agency
concernin~ the within project, and i~_ was
FURTHER RESOLVED, that this project be declared an Unli's'~ed
Action_; and it is
FURTHER RESOLVED, that a ~ Environmental ASsessment Form
be requested of the applicant in'Or'~e~ ~hat-~ ~et6rmi~at~on 'm'~ ~e
made as to whether or not this project may signif~cant'ly a~feqt
the environment.
Southold Town Board of Appeals ~-2_-_ May 2, 1984~'~pecial Meeting
(Environmental Review-Truckenbrodt, et al.)
Vote of the Board: Ayes: Messrs. Goehringer, G~igonis~]Dougtass
and Sawicki. Member Doyen of Fishers Island was absent. This resolu-
tion was adopted by unanimous vote of the members present.
Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer,
it was
RESOLVED, to rescind the April 19, 1984 resolution of this board
which had scheduled this application for 9ublic hearing at the next
regul'ar meeting,_ pending ~mpletion Qf the S.E.Q.R.A. process.
Vote of the Board: Ayes: Messrs. Goehri'nger, ~r~ognis, Douglass
and Sawicki. Member Doyen _of Fishers Isl_and wa~_ absent, This resolu-
tion was adopted by unanimoKs yote of th9 members present,'
NEW HEARINGS FORM'AY 1'7~ 1984: On motion by Mr, Goehringer,
RESOLVE~, that the following matters be and hereby are'SCHEDULED
for public_ hearings to be h~ld at the next-Regular-Meeting o~..th, is_~
Board, .to wit: THURSDAY, MAY 1'7, 1984 in ~d. di'%i'on ~o ~Ose previously
scheduled: '
Appeal No. 3229 VINCENT GRIFFO;
Appeal No'~ 3238 -~JAMES-ANDERSON;
Appeal No. 3222 -~JOHNWIC~HAM AND"OTHERS~
Appeal- No. 3225 - ~JDSE ~V~ RODR~GUE~; -
Appeal No. 3239 ~- ~JOSEPH~F~S~HE~I~
Appeal No. 3240 -~JOHN'AND~PA~RIOIA DINIZIO;
A~peal No~ 3241 ROBERT W, ~GILbI~SP'IE~I~I-;
Appeal No. 3237 - GOLDSMitH AND TUTH}bL, INC,;
Appeal No~ 3238--~GOUDSMITH AND TUTH}~L,'t-NC.,
Appeal No. 3235 ~ ~GER~RUDE~M. '2LI; ......
Appeal No, 3118 - ~K~HR}NE~FARR:
~ppeal No. 31.-17--'-KA~HRINE ~FARR;
Appeal No. '3243-- KEV~N'AND ~LESLE'Y'MILOWSKI:
Ap'peal No, '3232 - '-BE~I'R~M'~ND ~M~RJORIE ~W~L~ER~
Vote of the Board: 'Ay~: ~Me~sr~. Goe~ri~ge~, Gri'ognis, Douglass
_ and Sawicki,~ Member D'oyen-of Fishers ~sland wa~-abs~n-t, Thi~.s re~olu-
tion was adopted by unanimous-vote of t~e-members present~ ---
Southold Town Board of Appeals -3- May 2, 1984 Special Meeting
RESERVED DECISION: Appeal No. 3192.
Upon application of L~NDA MILLER FAULKNER, Box 787, Cutchogue, NY
for a Variance to the Zoning Ord'inance, Article III, Section 100-31 for
permission to reseparate two parcels with insufficient area and width.
Location of Property: Southwest Side of West Creek Avenue, Cutchogue,
NY; County Tax Map Parcel Nos. 1000-103-13-4 and 5 (now 5.1).
The public hearing on this matter was held on April 5, 1984, at
which time the hearing was declared closed pending reinspection and
deliberations.
The board made the following findings and determination:
By this appeal, applicant seeks a variance to the provisions of
Article III, Section 100-31, Bulk Schedule of the Zoning Code~, for
permission to re-separate two proposed lots, Parcel 1 of 34,124 sq.
ft. in area with llO' lot width, and Parcel 2 of 33,101 sq. ft. with
120' lot width.
The premises in question are located on the southwest side of
West Creek Avenue at Cutchogue and front along Wickham Creek. Parcel
1 is improved with a one-family, 1½-story frame dwelling with porch
and is set back approximately 82 feet at its nearest point from the
front property line. Parcel 2 is vacant. At the easterly side of
Parcel 2 are a stretch of trees attractively screening the parcel
and which have been existed for at least 35 years. Adjoining
property owners have indicated their concern for these trees and
the board was assured by the applicant that it is not her inten-
tion to remove or destroy these trees and accordingly would not
object to that stipulation by this board.
For the record it is noted that this project has received th~
approval of the N.Y.S. Department of Environmental Conservation
March 7, 1984 under Permit #10-83-1536. Also, since this matter
has been reviewed by the Planning Board at their January 9, 1984 meeting
and an unfavorable resolution was adopted, it is recommended that
the Planning Board proceed in accordance with Chapter Al06 if
the January 9, 1984 action was taken to reiterate the same reasoning
of the Building Inspector in his November 14, 1983 Notice of
Disapproval.
It is further noted in researching the history of these premises,
the property was conveyed separately prior to the enactment of zoning
(1957), and that at the time of the 1963 conveyances when these par-
cels were recognized as separate lots, the minimum zoning requirement
for lot area was 12,500 sq. ft. and 100 ft. lot width. Upon investi-
gating the character of the area, a majority of the parcels in the
immediate vicinity are less than that proposed by this application.
Southold Town Board of Appeals -4- May 2, 198~4 Special Meeting
(Appeal No. 3192 - LINDA MILLER FAULKNER, continued:)
In considering this appeal, the board determines: (a) that the
relief requested is not substantial; (b) that the granting of the
requested relief, the character of the neighborhood will not be
adversely affected; (c) that by allowing the variance, no substantial
detriment to adjoining properties would be created; (d) that no
adverse effects will be produced on available governmental facilities
of any increased population; (e) that the relief requested will be
in harmony with and promote the general purposes of zoning; and (f)
that the interests of justice will be served by allowing the variance,
as indicated below.
Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki,
it was
RESOLVED, that Appeal No. 3192, application of LINDA MILLER FAULK-
NER for approval of insufficient area and width, Parcel 1 having an
arena of 34,124 sq. ft. and width of 110 feet and Parcel 2 having an
area of 33,101 sq. ft. and width of 120 feet, BE AND HEREBY IS
APPROVED AS APPLIED SUBJECT TO THE FOLLOWING RECOMMENDATION:
That the existing trees be retained within five feet of the
proposed division (center) property line.
Location of Property: Southwest Side of West Creek Avenue,
Cutchogue, NY; County Tax Map Parcel Nos. 1000-103-13-4 and 5 (5.1).
Vote of the Board: Ayes: Goehringer, Grigonis, Douglass and
Sawicki. (Member Doyen of Fishers Island was absent.) This resolu-
tion was adopted by unanimous vote.
APPEAL NO. 3242 HENRY DOMALESKI: In reviewing the new file
for approval of access over a private right-of-way and approval of
insufficient lot width, the following action was taken:
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, that Appeal No. 3242, application for HENRY DOMALESKI,
for a proposed two-lot subdivision w~th insufficient width and for
approval of access, be held temporarily IN ABEYANCE pending review
and receip.t of comments ~rom the Plannin§ Board and ~.Y.S. Depart-
ment of Environmental Conservation (Tidal Wetlands Reg. 661.5(b)[57].
Vote of the B~ard: Ayes: Messrs. Goehringer, Griog-nis, Douglass
and Sawicki. Member Doyen 9f Fishers Island was absent. This resolu-
tion was adopted by unanimous vote of the members present.
Southold Town Board of Appeals -5- May 2, 1984 Special Meeting
~.EQUEST ROAD'REPORT: Appeal No. 3246 CARRIG & McDONALD. On
motion .by Mro Douglass, seconded by Mr. Grigonis, it was
RESOLVED, to' request an inspection and report from John W. Davis
concerning the subject right-of-way located on the north side of
Bergen Avenue, Mattituck.
Vote of the Board: 'Ayes: Messrs. Goehringer, Griognis, Douglass
and Sawicki~ Member Doyen of Fishers Island was absent. This resolu-
tion was adopted by una~n~mous vote of the members present.
REQUEST ROAD REPORT: Appeal No. 3231 = DOUGLASS MILLER, On
motion b.~ M~..DoU~las~,'secQ~e~by ~.Mr. Gri~oni~ it was ~
RE~OLVED, to ~equest an inspection ~n~ report from John W. 'Davis
concerning the two!subje~ti~g~'~seof-w'ay located on the ~outh side
of Sound Avenue~attituck.
Vote of the Board: Ayes: Messrs. 'Goehringer, Griognis, Douglass
and Sawick~. Member D'oyen.gf Fishers Island wa~ absent._ This resolu-
tion was adopted by unanimous yote of th~ members present.-
APPEAL NO. 2203 NORMAN.~C. BOOS:
W~EREAS, on Dece~b'er ~20'~ 1-983,~ a~ application for a variance has
been filed requesting additional do.c~ag~.~acilities_.at premises located
on the .~outh side of Skunk Lane (Bay Aven~e), Cutchogu~, New'.Yo~, now
of Norman C. Boos;
WHEREAS, since the date of filing this application, an environmental
review process has been pending ._~oncerning thi.~s~propos~.~ project; and
WHEREAS, on April 2.5, ~9~4, this bo~d has '~ee~requested to
withdraw the subject 3ppl~i~gti~n, without prejudice;
NOW, THEREFORE, O~-motion by Mr. Doug~as~, seconded by Mr. Goeh-
ringer, _
BE IT RESOLVED,.that. Appeal~No~ 3202, application for'NORMAN C.' BOOS
be and hereby is WITHDRAWN 'W=!.THgUT '_~PREJUDICE [as requested)..
Vote of the Board: A~e.s:--Me~.srs-. -Go'ehringer~ Griog~is, Douglass
and Sawicki. Member DOyen 9f Fishers Island wa6. abse~.t. Th~s re~glu-
tion was adopted by unagimous vote of th9 members pres~n't~
Southold Town Board of Appeals -6- May 2, 1984 Special Meeting
A'PPEAL NO 3202 = DfJ. CLAUSE ENTERPRISES: ~h~.April 20, 1984
letter_.with proposed De~'~of~Co~ena.~ts. was submitted by Wil-
liam W. 'Esseks, Esq., attorney foE_the applicant° 'In reyd~ew~ng~
~%he covenants,~ the board noted ~o mentio~ 9f the Zoning Board'~s
conditions as rendered in its January 25, 1984 decision but instead
mention of Planning Board requirements undgr'consideration. It
was the con~ensus of the board that ~Y. Esseks be ~ot~ed that
there is no mention, of Zoning Board conditions and p~rbaps it was
to have been sent to the Planning Board office.
INCOMPLETE'FILE: JULIA'Kf TUTHILL, by I~L. Price, Jr,, Esq.
The board reviewgd the p~pers submitted_ _with Mr~ ~rice's. April 2.4,
1984 letter, and the Ch.ai~man
Price, which was in response to our reqae~t fo~ addit.ie~] information
of April 30,. 1984. The Chairman said he would discuss this matter
with town counsel before re}tg.~a~ing our April 30th request.
Being there was no other business properly coming 'before the
board at this time, the Chairm'an ~ov6d'.'td.adjo.uw~; seconded by
Mr. Sawicki, and duly carried. ~eet"~gL'~djQ~rned. ..
Respectfully submitted,
[~nda F. Kowalski, 'Secretary
Southq]d Town... Board.' of Appeals
Approve._d
T~hE SOUTHOLD TOV¢'i~ U,-~.~
/I//¢/.?~ HOUR Ii :/¢-f)twJ
DATE
Town Clert, Town o~ ~ou~hold