HomeMy WebLinkAboutZBA-04/19/1984-SPEC Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLD. L.I., N.Y.
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGFR. CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYFN JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI M T N U T ES
APRIL 19, 1984
SPEC I-AL MEETING
A Special Meeting of the Southold Town Board of Appeals was
held on THURSDAY, APRIL ]9= 1984 at 7:00 o'clock p.m. at the
Southold T'own--'~~-R~a~ ~outhold, New York.
Present were: Gerard P. Goehringer, Chairman; Serge Doyen,
Member; Charles Grigonis, Member; Robert J. Douglass, Member,
and Joseph H. 'Sawi'cki, Member, constituting all the members of
the board. Also present was Victor Lessard, Building-Department
Administrator.
The Chairman called the meeting to order at 7:05 p.m.
APPEAL NO. 3223 - THOMAS AND BARBARA MERCIER. The public
hearing on this matter was'held on April'S; 1984. The board
members requested a copy Of aD affidavit and other documents
which would indicate an easement to the applicants for ingress
and egress over the "private road" to the parking area in question.
The Secretary was authorized and ~nstructed to send this request
to Abigail W~ckham, Esq. as attorney for the Merciers~
APPEAL NO. 3172 MIRIAM BATSON. David E. Kapell, agent for
Miriam Batson, has indicated an error by the builder in his
plan which was approved 'by the board on July 8, !982. The board
asked that Mr. KaP.ell appear if possible late in May to'discuss
the particulars o~ this building plan..
, Sopthold Town Board of Appeals -2- April 19, 1~84 Special Meeting
RESERVED DECISION: Appeal No. 3176.
Upon application of CAROL PLOCK, 10003 North Bayview Road, Southold,
NY for a Variance to the Zoning Ordinance, Article III, Section 100-31
for permission to reseparate two parcels with insufficient area and width,
and a Variance for approval of access, New York Town Law, Section 280-A.
Location of Property: 10007 North Bayview Road, Southold, NY; County
Tax Map Parcel Nos. 1000-79-5-17 and 21.
The public hearing on this matter was held on April .5,'~1984, at
which time the hearing was declared closed pending deliberations.
The board made the following findings and determination:
By this application, appellant seeks: (a) approval of insuffi-
cient area and width of a parcel of land of 41,888 sq. ft. and 120 feet,
respectively, and insufficient area of a second parcel of 44,074 sq. ft.
(b) approval of access over a private 50' right-of-way for a length
of 640 feet to the interior parcel in question.
Upon inspection of the premises, the board finds Parcel A" to
be improved with a one-family dwelling and Parcel "B" vacant. It is
noted that Parcel "A" (1000-79-5-17) was conveyed by separate deed
during 1971, and that Parcel "B" (1000-79-5-21) was conveyed by
separate deed December 23, 1970, to John L. Plock, Jr. and Carol A.
Plock. At the time of the conveyance of these parcels to the
applicants, the minimum zoning requirement was 12,500 sq. ft. in
area and 100 feet of lot width.
The right-of-way in question is in good, satisfactory condition
for access by emergency and other vehicles. The board agrees with
the reasoning of the applicant.
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. Grigonis, seconded by Mr. Sawicki,
it was
RESOLVED, that Appeal No. 3176, application of CAROL PLOCK for
approval of insu.fficient area of two parcels, a~d insufficient width
of 120 feet, and for approval of access, BE AND HEREBY IS APPROVED
AS APPLIED AND SUBJECT TO THE FOLLOWING CONDITIONS:
Southold Town Board of-Appeals -3- April 19, 1~-~4 Special Meeting
(Appeal No.. 3176 CAROL PLOCK, continued:)
1. That the right-of-way must continuously remain clear of all
brush and be unobstructed for a minimum width of 15 feet, and con-
tinuously maintained in good condition;
2. Planning Board approval as required by Chapter Al06 of the
Code.
Location of Property: Private Right-of-Way off the north side
of North Bayview Road, Southold, NY; County Tax Map Parcels No.
1000-79-5-17 and 21.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Gri§onis,
Douglass and Sawicki. This resolution was adopted by unanimous vote.
APPEAL NO. 3140 KATHRYN REEVE. Correspondence was received
March ~st from Scott A~~half of Mrs. K2thryn Reeve
requesting to amend the original garage from'detached to attached
complying with the same eight-foot variance which was granted
on June 36, 1982. It was the consensus of the board that they had
no objection to the attachment of the subject one-car garage,
provided.~that the conditions as rendered June 30, 1982 are met.
It was further noted that this should riot"be considere~ an
~amendment, waiver, change, alteration, etc. of this board's
June 30, 1982 decision and a~cordingly the time period for which
an appeal would be allowed is not therefore exteDded.
APPEAL NO. 3168 - JAC~UELINE PENNEY rendered September 29, 1983.
Corres. pondence was received March 20, 1984 from the ~pplicant'
requesting permission to include a room and bath on th.~ second s~ory
of the st~ructure in question for personal use which appears at
variance from that conditioned by. the board on Septemb_er 29, 1983.
After having consulted with our ~own attorney, the board was advise~d
that they are with.~ut authority to amend its previous decision
and condition without formal [eapplication and rehearing. The
Secre.tary was authorized and directed to.send a.~6ply-.~o~t~e
applicant advising her of .t~e ab'~v~.
, Southold Town Board of Appeals -4- April 19,~'T984 Special Meeting
RESERVED DECISION: Appeal No. 3184:
Upon application for PETER AND PATRICIA LENZ, Main Road, ~econic,
NY (by Wickham, Wickham & Bressler, P.C.) for Variances to the Zoning
Ordinance: [a] for-approval of insufficient width of two proposed
parcels and [b] for approval of access, New York Town Law, Section
280-A. Location of Property: Right-of-Way off the North Side of
Sound Avenue known as Private Road #tl, Mattituck; County Tax Map
Parcel No. 1000-112-1-011 and 012.
The public hearing on this application was held on April 5, 1984,
at which time the hearing was declared closed pending deliberations
and ~nspection of the premises in question..
The board made the following findings and determination:
By this application, appellants seek: (a) approval of access over
an existing, traveled right-of-way as indicated on the October 3, 1983
survey prepared by Young & Young having a length of 3,930 feet commenc-
ing from the north side of Sound Avenue running northerly, and thence
105 feet to a monument at the westerly corner of the subdivision
perimeter in question; and (b) approval of lO0' frontage of each
of the two lots in question within the subdivision. The proposed
westerly parcel contains an area of 2.0975 acres and is improved with
a two-story frame, one-family house with accessory' garage/storage
building in the easterly sideyard area. The proposed easterly parcel
contains an area of 2.0871 acres and is vacant. The buildable area
of each parcel appears to be approximately 60,000 sq. ft. and is at
an elevation above 10' above mean sea level.
The access road in question has a traveled width of approximately
eight feet and is shown by the October 3, 1983 survey to have a legal
width of 25 feet. The original road apparently was on original
ground and has been improved through the years by the addition of
gravel. There were small stockpiles of sand and gravel on the side
which appear to planned for repairs and maintenance to the right-of-way.
The present condition of the right-of-way is not good although the
road is passable. There are numerous potholes and depressions in
the gravel throughout. Some areas have 4" of gravel.
For the record it is noted that this proposal has received
approvals from the Southold Town Planning Board at its meeting of
January 9, 1984, and from the N.Y.S. Department of Environmental
Conservation under Permit #10-83-1456.
Although the present lot width requirement is a minimum of 175
feet (Local Law No. 9-1983 effective August 16, 1983), it is the
opinion of the board that the proposal as submitted appears to be
the most feasible since there doesn't appear to be-any viable
_ alternative, (except flag-lots which are not encouraged by the
Planning Board). Also, it is the opinion of the board that the
SouthD. ld Town Board Of Appeals -5- April 19,.~-,~984 Special Meeting
(A'ppeal No. 3184 - PETER AND PATRICIA LENZ, continued:)
right-of-way in question is in need of improvement in order to
provide adequate accessiblity for emergency and other vehicles.
In the event, however, additional subdivision(s) are proposed
which may legally be using this right-of-way, reconsideration
for additional improvements must be made.
Upon inspection of the premises and the character of the neigh-
borhood, the board finds the parcel immediately adjoining this
property on the west (now or formerly Anderson) is a parcel contain-
ing a lot width of 105 feet.
In considering this appeal, the board determines: (a) that the
relief requested is not substantial; (b) that by the granting of
the requested relief, a precedent has not been set and therefore
will not adversely affect the character of the neighborhood; (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. Sawicki, seconded by Mr. Grigonis,
it was
RESOLVED, that Appeal No. 3184, application for PETER AND PATRICIA
LENZ, BE'AND HEREBY IS APPROV_ ~D AS APPLIED~S.UBJECT TO THE FOLLOWING
CONDIT'I'ONS:
1. That the right-of-way be improved to a full minimum width of
fifteen feet as follows:
(a) Fill t'~e holes and depressions with the same mixture of
sand and gravel that has been used in past maintenance work;
(b) Place an additional two inches [2"] of gravel on these
areas and smooth road surface with a road grade?;
(c) Areas that have no gravel but are stable now after the
recent heavy rains could be left intact.
2. That the right-of-way be continuously maintained in good
condition;
3. Inspection by the Zoning Board of Appeals and/or the road
inspector, after receiving notice that the road improvements have
been completed,in accordance with this decision.
Vote ~f the Board: Ayes: Messrs. Goehrin§er, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
Southold Town Board of Appeals -6- April 19, l g~84 Special Meeting
RESERVED DECISION: Appeal No. 3226.
Upon application of ROBERT A. CAMPBELL, 140 Bay Avenue, Greenport,
NY for a Variance to the Zoning Ordinance, Article III, Section 100-31
for permission to locate dwelling with an insufficient frontyard setback
from Washington Avenue. Location of Property: Southwest corner of
Washington Avenue and Middleton Road, Greenport, NY; County Tax Map
Parcel No. 1000-041-02-001.
The public hearing on this matter was held on April 5, 1984, at
which time the hearing was declared closed pending deliberations.
The board made the following findings and determination:
By this appeal, applicant seeks permission to construct a new
one-family dwelling with an insufficient frontyard setback from
Washington Avenue at 18 feet. The proposed dwelling is planned at
an angle in order to obtain a southerly exposure most efficient for
this home's solar heat system.
The premises in question is a corner lot as defined by Article I,
Section lO0-13 with frontage along Middleton Extension and Washington
Avenue, and consists of an area of 13,664 sq. ft. The northeasterly
corner of the proposed dwelling will meet the code's minimum 35'
setback. For the record it is noted that at the present time Wash-
ington Avenue at its extreme westerly end is a dead-end street.
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.
On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No. 3226, applicatio~ of ROBERT CAMPBELL
for permission to construct a one-family dwelling, BE AND HEREBY IS
APPROVED, PROVIDED THAT THE DWELLING BE NOT CLOSER THAN 20 FEET~M
WASHINGTON AVENUE EXTENSION.
Location of Property: Washington Avenue Extension and Middleton
Road, Greenport, NY; County Tax Map Parcel No~ 1000-041-02-001.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Gri§onis,
Douglass and Sawicki. This resolution was adopted by unanimous vote.
Southold Town Board of Appeals -7- April 19, 1984 Special Meeting
RESERVED DECISION: Appeal No. 3219.
Application of CROSS SOUND FERRY SERVICES, INC., Box 33, New London,
CT 06730 for a Variance to the Zoning Ordinance, A~-{-fcle VII, Section
lO0-70(A) and Section 100-71 for permission to: [a] construct principal
building with an insufficient frontyard setback from the easterly property
line and [b] establish a ferry-terminal use in this B-1 Business District.
Location of Property: 42175 Main Road, Orient, NY; County Tax Map Parcel
Nos. 1000-015-09-11.
The public hearing on this matter was held on April 5, 1984,
pending a reinspection of the property and surrounding area and pending
deliberations. '~
.~Ther~o~rd.madei~the following findings and determination:
By this application, appellant seeks permission to construct a
40' by 50' ferry terminal building as shown on the site plan submitted
with the application February 16., 1984 which would have a setback from
the easterly property line (abutting property of "Hicks") of 25 feet
(and from the Route 25 property line of 30 feet). The setback from the
westerly property line (abutting property now or formerly of "Blauvelt")
is 40 feet at its nearest point. Also proposed is a 4' by 8' ticket
booth which will be set back approximately 20 feet from the westerly
property line and 12 feet west of the proposed terminal building. This
is an appeal from the January 18, 1984 decision of the building inspector
rquiring a ferry for a ferry terminal in a B-1 Zone since such use is
only listed as a permitted use in the C-Light Industrial and C-1
General Industrial Distr~cts by Special Exception and site plan approvals.
(see Article VIII, Section lO0-80(B)[ll] and Article IX, Section 100-91).
The premises in question is zoned "B-1 General Business" and
contains an area of approximately 1.5 acres, as identified by the
Suffolk County Tax Map, District 1000, Section 015, Block 9, Lot 11.
Premises loCated on both the west and east sides are also zoned "B-1
General Business." Premises immediately abutting the "Hicks" five-foot
strip on the east is New York State Route 25, which is an ~mproved
road extending southerly to Gardiners Bay. East of Route 25 is other
premises of Cross Sound Ferry Services which is also zoned "B-1
General Business" with an existing one-story building previously used
as a snack-bar restaurant. Premises to the south of the subject parcel
was conveyed on February 3, 1975 from the New London Freight Lines, Inc.
to Cross Sound Ferry Services, Inc. which includes underwater land as
shown at Liber 7827 cp 477-479 and Suffolk County Tax Map, District
1000, Section 015, Block 9, Lot 16 and an existing ferry-terminal booth
has been used as such since prior to zoning in 1957.
I~consid~ring tb~s ~p~l~at~on, the board determines that since
it is the applicant's proposal to relocate ~the existing ferry
terminal building (which is south-east of the subject premises) onto
the subject 1.5-acre parcel within this B-1 zoning district, that~
(1) the relief will not produce adverse effects on available govern-
mental facilities ~of any increased population; (2) the relief
Southold Town Board of Appeals -8- April 19, ~§84 Special Meeting
(Appeal No. 3219 - CRDSS SOUND FERRY SERVICES, INC. continued:)
requested will be in harmony with and promote the general purposes
and intent of zoning; (3) the use will not prevent the orderly and
reasonable use of adjacent properties or of properties in adjacent
use districts; (4) the use will not prevent the orderly and reasonable
use of permitted or legally establiShed uses in the district wherein
this use is to be located, or of permitted or legally established uses
in adjacent use districts~ (5) the circumstances are unique and the
variance requested is not substantial; (6) the safety, health, wel-
fare, comfort, convenience, and order of the town will not be
adversely affected by the proposed use and its location; (7) the
plot area is sufficient, appropriate and incompliance with the bulk
schedule for the reasonable use and anticipated operation as applied;
and additionally that the relief requested will not change the
character of the neighborhood and will provide additional parking
on this site which as exists is limited.
NOW, THEREFORE, on motion by Mr. Gr~gonis, seconded by Mr.
Sawicki, it was
RESOLVED, that Appeal No. 3219, application for CROSS SOUND
FERRY SERVICES, INC. for permission to construct ferry-terminal
buildings as shown on the site plan dated January 21, 1984, BE
AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That a six-inch asphalt lip be constructed on the easterly
side of applicant's property to retain water allowing proper
drainage on this site;
2. That the building depicted "ticket'office" existing at
this time be removed as agreed; and if relocated be used only for
storage pur'poses;
3. That the present ticket office in the building known as
the snack bar easterly of Route 25 be discontinued when the new
ticket office is constructed, or when directed by the Building
Inspector, whichever is sooner;
4. That the area shaded in "red" shall be slated a
"No-Parking Zone";
5. After completion and upon notice, a final inspection
and acceptance by the Z.B.A. for th~s proposal.
Location of Property: 42175 Ma}n Road, Orient, NY; County
Tax Map Parcel No. 1000-15-9-11.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
Southold Town Board of Appeals -9- April 19, 1984 Special Meeting
RESERVED DECISION: Appeal No. 3210:
Upon application of JAMES F. DRUCK III, Box 355, Laurel, NY for a
Variance to the Zoning Ordinance, Article ~II, Section 100-31, Article
XI, Section lO0-118, to alter and construct addition to a nonconforming
second dwelling exceeding 50% of fair market value and leaving i.nsuffi-
cient sideyards. Premises: 7015 Peconic Bay Boulevard, Laurel, NY;
County Tax Map Parcel No. 1000-126-10-013.
The public hearings on this matter was commenced March 2, 1984 and
recessed until April 5, 1984, and after receiving testimony the hearing
was declaredlclosed, pending deliberations.
The board made the following findings and determination:
By this appeal, applicant seeks permission to constru.ct and alter
an existing second dwelling by extending a two-story addition at the
rear (north) end by 36' by 19' (inclusive of~a~existing 10' by 13' area) leav-
ing a setback from the easterly side property line of 23.7 feet,
as shown on the building plan prepared by Wooden Environments, Inc.
received January 24, 1984, and by survey prepared November 2, 1981
by Donack Associates. The building has been a two-story frame
garage with living quarters, with approximately 614 sq. ft. of
livable floor area. The total area of the one-family, two-story
frame dwelling/garage will be approximately 2,260 sq. ft. compared
to the existing total area of approximately 1,228 sq. ft.
The premises in question contains an area of approximately 24,100
sq. ft. with 60.27' frontage along Peconic Bay-Boulevard and 60.07~
frontage along the rear property line. The premises are improved
with the two-story frame garage/cottage in question which has a setback
from the westerly property line of 1.69 feet and a one-story
frame dwelling set back approximately 47 feet from the front
property line presently used as a one-family dwelling. For the
record, it is noted that an affidavit of Albert S. DeClue, sworn
to on the 9th day of March, 1984, has been submitted attesting
that the residence building in question has been occupied as a
one-family dwelling for over 30 years.
In considering this appeal, the board determines: (a) that the
relief requested is not substantial; (b) that by the granting of
the requested relief, a precedent has not been set and therefore
will not adversely affect the character of the neighborhood; (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.
Southold Town Board of Appeals -10- April 19, 1~4 Special Meeting
(Appeal No. 3210 - JAMES F. DRUCK III, continued:)
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Douglass, it was
RESOLVED~ that Appeal No. 3210, application of JAMES F. DRUCK III
for permission to alter and construct addition to existing building,
BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION:
That the addition be no closer than four feet to the west side
line.
Location of Property: 7015 Peconic Bay Boulevard, Laurel, NY;
County Tax Map Parcel No. 1000-126-10-013.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
APPEAL NO, 3231~ DOUGLAS. MILLER. The information requested
in our ~ar~h 26th l~tter ~o~rg~ O. Guldi, E.~q., attorney for the
applicant, was received Apr.i.] 3, 198'4._ The board adopted the
following resolution scheduling this matter for 'publi~ hearing
to. be held June 21, 1984~
On motion by Mr. Douglass, seconded by Mr. 'Goehringer, it was
RESOLVED, t~at Appeal'~-No~ 3231, in the Matt~r of ~DGL~S MILLER
be and hereby is sch~.ule~d for public hearing to be
which is the next available mee~in~g for hearings, and tha~' the
Secretary is h6reby authorized and directed to publish notice of
same in the local and Official newspapers of the town, to wit:
Suffolk Times and L~I'. T~aveler-Watchman, In'c. pursuant to law.
Vote of the Board: Ayes: Messrs~ Goehringer, Doyen, Grigonis,
Douglass and Sawicki. Thins resolut'ion ~.~s ado~ed 'by Dnanimous vote
of all the members.
Southold Town Boar~ of Appeals -1.1- April 19,~i984 Special Meeting
RESERVED DECISION: Appeal No. 3228.
Application of BERIT LALLI, 1405 Narrow River Road, Orient, NY for
a Variance to the zoning Ordinance, Article III, Section 100-31 for
permission to construct garage addition with an insufficient rearyard
setbacke Location of Property: 1405 Narrow River Road, Orient; County
Tax Map Parcel No. 1000-027-03-006.3.
The public hearing,on this matter was held on April 5, 1984, at
which time the hearing was closed, pending deliberations and receipt
of dimensions of the proposed garage.
ThEZboard made the following findings and determination:
By this appeal, applicant seeks permission to construct an addition
for storage and garage purposes of a size 14' by 18'6!' which would leave
an insufficient rearyard setback at 28 feet. The positioning of the
existing one-family dwelling is at an angle towards the easterly side
property line, and the nearest corner of the house (without the addition)
from the rear property line is 35 feet. The existing house is set back
from the front property line approximately 24 feet and from the easterly
side property line approximately 20 feet (including the two-story deck).
For the record, it is also noted that the premises in question contains
an area of 12,554 sq. ft. with 138.20' road frontage along King Street.
By building permit #10912Z, the existing one-family dwelling was con-
structed during 1980.
It is the opinion of the board that the circumstances are unique
particularly due to the configuration of this parcel, and the adverse
effect such an addition would have if placed in another area blocking
windows used for passive solar heat.
In considering this appeal, the board determines: (a) that the
relief requested is not substantial; (b) that by the granting of
the requested relief, a precedent has not been set and therefore
will not adversely affect the character of the neighborhood; (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. Douglass, seconded by Mr. Sawicki,
it was
RESOLVED, that Appeal No. 3228, application for BERIT LALLI for
permission to construct addition with ah insufficient rearward setback
at 28 feet, be and hereby IS APPROVED, PROVIDED THAT SAME'BE USED FOR
STORAGE PURPOSES (NOT FOR LIVING'OR SLEEPING ~UA~
Location of Property: 1405 Narrow River Road, Orient, NY; County
Tax Map Parcel No. 1000-027-03-006.3.
Southold Town Board of ~peals -12- April 1§~_~q984 Special Meeting
(A~peal No. 3228 - Ber}t Lalli, continued:)
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer,
Doyen, and Sawicki. This resolution was unanimously adopted.
APPEAL NO. 3218 ~ NORTH FORK BAPTIST CHURCH: Pursuant to the
reques~ of the agent for---t-h-6 app-~Ficant rece~April 11, 1984, the
following action was taken:
On motion by Mr. Goehringer, seconded 'by Mr. Grigonis, it was
RESOLVED, that th~ conditional action rendere~ by this board
at its April~ 5, 1984 M~e~ting conce~ning~the ap.plication.of~Appeal
No. 3218..for the"NORTH FORK'BAPT'I.ST CHURCH, BE'AND HEREBY'IS'RE.S~IN.DED,
and be it furthe~
RESOLVED, that Appeal No. 3218,.application fo~ the NORTH FORK
BAPTIST'~B.URCH, be and_hereby is ~ITHDBA~WNWITHOUT PREJUDICE'as
requested. -
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawick'i. Thi.s resolution ~s adop. ted by gnanimous vote
of all the members.
CORRESPONDENCE~FROM CUTCHOGUE~NEW S.UFFOLK LIBRA'RY. The board
members.reviewed correspondence_received ~ro~tbe library concerning
a proposed extension of..approx. 2800 sq~ ft. for libra'ry use at
their present site in Cut~hogue. The board aQthorized and instructed
the seqretary to send a response tO the library indicating that they
would like to be receptive to this reque~tion,~however, town counsel
has_advised that it i.s impossible to entertain requests o{ this type
without a formal application and following the legal steps necessary
to effectuate same~(~e~ public~hear, ing, ~tc~)'~ ._ - ~
ENVIRONMENTAL DECLARATION: Pursuant to Part 617 of the imple-
menting~-~ul~s pertai~ to_Article 8 of the ~nvironmental
Q~ality Review Act or-the Environmental~Conse~vation Law and Local
Law #4~-4 of ~he Town of Southold, the following Negative Declaration
was determiDed for the reasons Doted, therein:
So~thold Town Board of Appeals -13- April 19, 1984 Special Meeting
(Environmental Declaration, continued:)
APPEAL NO.: 3231
PROJECT NAME: DOUGLAS MILLER
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
.cantbelow, adverse effect on the environment for the'reasons indicated
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or simil~
project.
TYPE OF ACTION: ~.J Type II [ ] Unlisted [ ]
.DESCRIPTION OF ACTION: Accesses~over 2 private rights-of way (280-A)
LOCATION OF PROJECT: Town of Sou~hold, County of Suffolk, more
particularly known._ as: "K'lr~up-- Lane" &'~ure±~ Wayl', S/S Sound Ave., Matt.
County Tax Map Parcel No. 1000-121-4-10
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the shor~ form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is not directly related to new construction.
Vote of the Board: Ayes: Messrs. Goehringer, 'Doyen, 'Grigonis,
Douglass and Sawicki. This resolution was unanimous~y_~adopted 'by
all the members. _
Southold Town Board of Appeals -14- April 19, 1984 Special Meeting
SET-UPS FOR PUBLIC HEARINGS MAY 17,-__S~9~: After reviewing each
of the following files, motion was m~de by'l~ Douglass, seconded
by Mr. Goehringer, that these matters be and he.~eby are scheduled
for public hearings to be held MAY 17., 1984 at the Town Hall, Main
Road, Southold, New York, commencing at 7:30 p.m. and as follows:
7:35 p~m. Appeal No. 3229 - VINCENT GRIFFO by Twin Ford Siding,
7:40 p.m. Appeal No. 3239 z JAMES ANDERSON.,
7:45 p.m. Appeal No. 3222 - JOHN WIC~HAM,
7:50 p.m. Appeal No. 3225 - ~OSE V.' RODRtEGUE~,
8:00 p.m. Appeal No. 3239 ' JOSEPH FI. SCHETTI,
8:05 p.m. Appeal No. 3240 - ROBI-N E.''CARR, for Dinizio,
8:10 p.m. Appeal No. 3241 - ROBERT W. GILLI'SP'IE III,
8:15 p.m. Appeal No. 3237 ~ GOLD'SMITH ~:'TUTH-~LL (variance);
8:25 ~.m. Appeal No. 3236 - GOLDSM.ITH ~ TUTHILL (spec. exception);
8:35 ~.m. Appeal No. 3235 - GERTRUDE'M. ALI,
8:~5 ~.m. Appeal No. 3118 - KATHRINE FARR (variance);
'-8:55 )..~m. Appeal No. 31t7 - KATHRtNE'FARR (spec. exception)~
9:00 ).m. Appeal No. 324.3 ~ KEVIN AN~.LESL~E~-'MILOWS.KI;
9:05 ).m. Appeal No~ 3232 ~'BERTRAM &'MARGERY WALKER.
Vote of the Board: Ayes: Messrs. Goeh.ringer, Doyen, Grig(~nis,
Douglass a~d Sawicki. This resolution was adopted by a~6n$~ous vote
of all the-members.
ENVIRONMENTAL DECLARATIONS: Pursuant to' Part 617 of the imple-
mentihg regelations pertaining to_Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation ~.aw and Local Law
#44-4 of the Town of Southold, the boabd made the following declarations:
Appeal No. 3243 - Kevin and Lesley Milowski
(continued on next page)
S6uthold Town Board of Appeals -15- April 19, 1984 Special Meeting
(Environmental Declarations, continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONF~NTAL DECLARATION'
Notice of Determination of Non-Significance
APPEALNO.: 3243
PROJECT NAME: KEVIN AND LESLEY MILOWSKI
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southo!d.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: IX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Approval of access over pri~ate
right-of-way.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: R-0-W at the west side of Cox Neck Road,
Mattituck, NY.
REASON(S) SUPPORTING THIS DETEP~INATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is not directly related to new construction;
S~uthold Town Board of Appeals -16- April 19, 1984 Special Meeting
(Environmental Declarations, continue'd:)
(3) The premises i.s not located within 300 feet of tidal wetlands
or other critical environmental area
S.E.Q.R.A.
NEGATI%~E ENVIRON~iENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 324l .................
PROJECT N~IE: ROBERT"W. ~GILEI'SPIE III
This notice is-issue~ p~rs~an~ ~ Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the To%rn of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance to erect sign advertisfng
"on-premises" business with insufficient setbacks.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: North Side of Main R0ad~ S0uth0]d;
]000-6]-2-part of 5 and 7 ....
REASON(S) SUPPORTING THIS DETEP~MINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
tha environment are likely to occur should this project be imple-
mented as planned;
(2) The premises in question is not located within~300 feet of
tidal wetlands or other critical environmental area.
So~thold' To.wn Board of Appeals -17- April 19, 1984 Special Meeting
(Environmental Declarations, continued:)
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass. and Sawicki. This resolution was unanimously adopted by
all the members. '
REVIEWS PRIOR TO FIELD INSPECTIONS: The board reviewed each
of the following files'which were ~ecently filed and would be
scheduled for field inspections following..tbose previously scheduled
at the earliest possibl~ date:
Appeal No. 3246 Carrig andlMark S. McDonald;
Appeal No. 3242 Henry Domaleski;
Appeal No. 3245 - David and Jeanne Brawner;
Appeal NOo 32.34 T~CKei~b~dd~/~bbott'and Swanson.
Appeal No. 3244 - John Denny by Environment East.
CORRESPONDENCE: Appeals No. 3100 and 3101 -'ROGER MUNZ.
Correspondence was received from Richard J~ Cron, ~ concerning
the applications of Roger Munz under Appeals N~. 3100 and 3101 and
this board's amendments a~'rendered at the February 11, 1984 Special
Meeting concerning ~e~wo~ding of Condition No. 7 and further clari-
fication. Mr, Cron',s clients, Mr. and Mrs. James Navas, who adjoin
to the premises on the east, oppose this chapge without the appro-
priate re-hearing, re~applicatipn, etc. The board has received
two legal opinions from town counsels that the board is not permitted
to change or alter this condition, or any condition without having
re-noticed the. application for a new hearing, etc. The Secretary
was author~,zed.and directed to send notice to Roger L. Munz advising
him of the above, and bringing Mr. Cron up-to-date accordingly.
There ~being no other business properly coming before the board at
t'his %im'e, the Chairman moved to'adjourn,.~econde~ by. Mr. Sawicki,
and duly carried. The meeting adjourned at 9:10 p.m.
Res~)ectfully submitted,
//~'A'pproved -~ G~oe' ~n~ Southo]d Town_Board of Appeals
Chairman