HomeMy WebLinkAboutZBA-03/17/1984-SPEC Southold Town Board of Appeals
MAIN ROAD- -¢:TATE RnAD 25 SOLITHOLD, l.l., N.Y. llg?l
TELEPHONE (516) 765-3809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLA$$ M T m U T E $
JOSEPH H. SAWICI~I
SPECIAL MEETING
MARCH 'T7, 1'984-
A Special Meeting of the Southold Town Board of Appeals was held
on Saturday, M~Ch 17, 1'984 at ll:O0 o'clock a.m, at the Southold
Town Hall, Ma~-~o~d,~ ~old, .New ~York. '
Present were: Gerard ~. Goehri~nger, Chairman~ Charles Grigonis,
Member; Robert J. Douglass,, Member; and Joseph H. Sawicki, Member.
Member Doyen (Fishers. Island) was absent. Also present was Victor
Les~ard, Build. ing-Depart~ment Admi'nistrator~
The Chairman called the meeti'ng to order at ll:O0 a.m.
NEW HEARING FOR SCHEDULING & S,E.Q.R.A.: Appeal No. 3219 -
CROSS SOUND FERRY SERVICES, INC. On motion by Mr. Goehrin§er,
seconded by Mr. Grigonis, it was
RESOLVED, that the matter of CROSS SOUND FERRY SERVICES, INC.
under Appeal No. 3219, BE AND HEREBY IS SCHEDULED FOR PUBLIC HEARING
to be held at the next Regular Meeting of this board, .to wit,
April 5,~ 1984, and the Secretary is authorized and directed to
advertise notice of same in accordance with the requirements of
New York Town Law and the Town Code in the local and official
newspapers of the town.
Vote of the Board: Ayes: Messrs..Goehringer, Grigonis, Douglass
and Sawicki. Member Doyen of Fishers Is~land was absent. This resolu-
tion was adopted by unanimous vote of the members present.
Southold Town Board of Appeals -2- March 17, 198~~ Special Meeting
NEXT REGULAR MEETING: On motion by Mr. Grigonis, seconded by Mr.
Grigonis, it was
RESOLVED, to re-schedule the date of the next Regular Meeting of
this board to be held APRIL 5,' 1984 (rather than March 29th), commenc-
ing at 7:30 p.m., Southold Town Hall, Main Road, Southold, New York,
and it was
FURTHER RESOLVED, that the Secretary is hereby authorized and
directed to publish notice of those hearings which have been scheduled
for March 29th to be modified to be held April 5, 1984 accordingly.
Vote of the Board: Ayes: Mess~s. Goehringer, G~'gon~s,
Douglass and Sawicki. Member Doyen of Fishers Island was absent.
This resolution was adopted by unanimous vote o~ the'members present.
ADDITIONAL HEARINGS: On motion by Mr. Douglass, seconded by
Mr. Goehr~nger, it was
RESOLVED, that the following matters be and hereby are scheduled
for public hearings to be held APRIL'5, 1'984, and that the Secretary
is hereby authorized and directed to publish notice of same pursuant
to law in the local and official newspapers of the town accordingly:
Appeal No. 3228 - BERIT LA~[LI;
Appeal No. 3192 LINDA MILLER FAULKNER.
Vote of the Board: Ayes: Messrs Goehringer, Grigonis, Douglass
and Sawicki. Member Doyen of Fishers Island was abs~ent. This resolu-
tion was adoptedi'by unanimous vote of the members present.
ENVIRONMENTAL DECLARATIDNS: Pursuant to~ Part 6~7 of the
implementln~']re~.pe~ta~ning to Article 8 of the. N~Y.So
Environmental Quality Review Act of the E.nviro~ntal Co~6.~r~ation
Law and Local Law~#44-4 of the Town of South"Id, the following
Declarations indicating that the projects lis~ed below W~.uld have
a negative effective on the environment were determ~.ned:
Southold Town Board of Appeals -3- March 17, ~r984 Special Meeting
APPE~uL NO.: 3192
PROJECT NA~E: LINDA MILLER FAULKNER
This no~ice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board deterraines the within project not to have a significant
adverse effect on the environment. Also, pleas~take notice that this
declaration should not be considered a dete~nination 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: Re-separate two ]0ts as existed prior
to zoning in 1957, with insufficient area and lot width.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: SW side of West Creek Avenue, Cutch0§ue;
]000-]03-]3-4 and 5 (now
R~ASON (.S) .SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environmen~ are likely to occur should this project be implemented as
planned.
(2) This project has received approval from~YS Dept. of Environmental Con-
servation under i0-u3-i~s6.
APPEAL NO.: 3228
PROJECT NA]~E: BERIT LALLI
This notice is issued pursuant to Part 617 (and Local Law ~44-4)
of the implementing regulations pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, pleas-~take notice that this
declaration should no~ be considered a determination made for any other
department or agency which may also have an application pending for the
same or similar project2
TYPE OF ACTION: IX] Type II [ ] Unlisted [
DESCRIPTION OF ACTION: Garage addition with insufficient rearyard
setback.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: ]405 Narrow River Road, 0riehl; ]000-027-03-006.3.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
Southold Town Board of Appeals -4- March 17, 1984 Special Meeting
(Environmental Declarations, continued)
2. Subject premises is north of King Street (Hog Pond Road)
and landward of the environmental wetland areas (which are
south of King Street).and existing dwelling.
Vote of the Board: Ayes: Messrs, Goehringer, G~go~is,
Douglass and Sawicki, (Member Doyen of Fishers Island was absent).
This resolution was adopted by unanimou, s_..vote of all the members
present.
FIELD INSPECTIONS: The board members agreed to field inspect
the following matters prior to scheduling dates for public hearings:
ApPeal No, 3229 -'~Vincent and Angela Griffo.
Appeal No, 2227 - Eustace C, Eriksen.
OTHER REVIEWS: It was the consensus of the board that the
following matters-be held temporarily in abey.ance, pending field
inspections and receipt of the i~nfo~mation noted below:
Appeal No. 3214 HANAUER AND BAGLEY~ Comments or approval from
the Suffolk County Department of Health Services.
Appeal No~ 3184 - PETER AND PATRICIA LENZ. This matter has
been scheduled for public hearing foruMarch 29, 1984, however,
the secretary was .instructed not to advertise same if the
board has not ~had an opportunity to traverse along the entire
right-of-way to get t~,]the premises in question. At the
last inspection, the right-of-way was impassable.
A tentative inspection date ~as arranged for March 24th.
Southold Town Board of Appeals -5- March il, 1984 Special Meeting
RESERVED DECISION: Appeal No. 3174.
Upon application for P.ATRtCIA STEGNER, by Rudolph H. Bruer, Esq., Main
Road, Southold, NY for a 'Variance to the Zoning Ordinance, Article III,
Section 100-31, and for approval of access, New York Town Law Article 16,
Section 280(A)[3] concerning premises having insufficient area and width
and located on the west side of a private right-of-way off the south side
of Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-
78-6-5 and 10.2.
The public hearing on this matter was held on March 2, 1984, at
which time the hearing was declared closed pending deliberations and
receipt of the road report from Mr. J.W. Davis.
The board made the following findings and determination:
By this application, appellants seek: (a) approval of access
pursuant to New York Town Law, Section 280-A, and (b) approval of
a parcel of land which was contiguous' to the subject private road and
which contains insufficient area and width.
In researching the history of this property, it is noted that
the parcel in question is vacant and has been in single and separate
ownership since prior to the town's change in zoning from quarter-acre
to 40,000 sq. ft. It is also noted that the right-of-way in question,
indicated on the survey dated February 13, 1984 as "No. 2," is and
has since prior to 1966 been used as an access road to the existing
houses and parcels in the neighborhood and is not considered to be
a building lot. The Parcel indicated as "No. 3" contains an exist-
ing one-family seasonal dwelling and has been a single and separate
parcel quite some time before 1966.
For the reasons stated above, and in considering the character
of the neighborhood, the board determines: (1) that the relief as
granted will be consistent with the precedents set by the courts
under similar circumstances, (2) that the character of the neigh-
borhood will not be adversely changed, (3) that the circumstances
are unique, and (4) that the interests of justice will be served
by allowing the variance as indicated below.
Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass,
it was
RESOLVED, that Appeal No. 3174, application for PATRICIA STEGNER,
be and hereby is APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the right-of-way be cleared and resurfaced a minimum
width of 15 feet within the boundaries of the legal access road;
2. That the right-of-way be improved as follows in accordance
with #1, supra:
(a) Fill pot holes at intersection with Bayview Road with
a black top mix;
(b) Fill all the depressed areas, water-filled and others,
· $~uthold Town Board off'Appeals -6- March l~ 1984 Special Meeting
with the same type of gravel as used in the original road (which is a
mixture of small ano medium-sized gravel at 70%, with 30% sand and
loam. (Ordinary bank run would not meet those requirements.)
(c) Grade surface smooth after all material is in place.
Location of Property: Private Right-of-Way off the south side
of Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-
78-6-5.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer
and Sawicki. Memben Doyen of Fishers Island was absent. This resolu-
tion was unanimously adopted.
RESERVED DECISION: Appeal No. 3213.
Upon applicatiln for HENRY AND DOROTHY ST. GEORGE, by Irving L.
Price, Jr , Esq., 8~8 Front Street, Greenport, NY for a Variance to
the Zonin~ Ordinancl, Article III, Sections 100-31 and 100-32 for
permission to constluct: (a) addition to dwelling reducing rearyard
setback, (b) accessory garage building in the frontyard area at
premises: 300 Mari~n Place, East Marion, NY; .County-Tax Map Parcel
No. lO00-31-8-part f 12.5.
The public hearing on this application was held on March 2, 1984.
The board made the following findings and determination:
By this application, appellants seek to construct: (a) 20' by
30' addition leaving an insufficient setback from the southerly end
of the dwelling at 41 feet, and (b) 24' by 30' accessory storage
building at the most northeasterly corner of the premises. The
premises in question contains an area of 41,244 sq. ft. and has a
"flag-lot" configuration, with frontage of a 25' right-of-way along
the northwesterly portion of the premises. Existing on the premises
is a one-family dwelling structure situated approximately 51 feet
from the northerly front property line and approximately 50.5 feet
from the easterly side property line. Under the circumstances, as
noted, the board is agreement with the applicants.
In considering this appeal, the board determines: (a) that
the relief requested is not substantial; (b) that the circumstances
are unique; (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 the zoning code;
(f) that the interests of justice will be served by allowing the
variance, as indicated below.
So~thold Town Board o~_Appeals -7- March 17 1984 Special Meeting
(Appeal No. '3213-HENRY AND DOROTHY .ST. GEORGE continued:)
Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki,
it was
RESOLVED, that Appeal No. 3213, application for HENRY AND DOROTHY
ST. GEORGE for permission to construct 24' by 30' accessory storage
building and to construct 20' by 30' addition to dwelling, BE AND
HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the accessory garage be constructed not closer than
eight feet to the north property line and not closer than lO feet
to the east property line;
2. That the addition to the dwelling shall not protrude into
the westerly area (past the established deck-building line);
3. That the accessory garage building be used only for storage
purposes (not for sleeping or living quarters).
Location of Property: 300 Marion Place, East Marion, NY;
County Tax Map Parcel No. lO00-31-8-part of 12.5.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer
and Sawicki. Member Doyen of Fishers Island was absent. This resolu-
tion was unanimously adopted.
RESERVED DECISION: Appeal No. 3209.
Upon application of HARRY AND~MAR~E ?AGAN, 52 East Lincoln Avenue,
Valley Stream, NY 11580 for a 'Variance to tTZoning Ordinance, Article
III, Section 100-31 for permission to construct deck addition with
reduction in the rearyard setback from the westerly property line at
premises: 400 Betts Street, Cutchogue, NY; County Tax Map Parcel No.
1000-110-6-9.
The public hearing concerning this application was held on
March 2, 1984.
The board made the following findings and determination:
By this application, appellants seek permission to construct a
8' by 24' wooden deck addition to dwellin§ which would leave a setback
from its rear (westerly) property line at its nearest point at 21.6'
The premises in question contains an area of 10,000 sq. ft. with 100
foot frontage along Betts Street. The subject premises is improved
with a one-family dwelling structure which is set back approximately
So'uthold Town Board of~Appeals -8- March 17,~1984 Special Meeting
%
(Appea'i No. 3209 - HA~RRY ~ND-"MARIE FAGAN, continued:)
27 feet from Betts Street property line and 12 feet from its southerly
property line. At the rear of the existing dwelling is an 8' by 16'
addition with a setback of approximately 25 feet from the rear
property line, which was permitted by Appeal No. 2858 during September
1981. The applicants intend to stay in line with the ex~sting setback,
however, due to the angle of the rear property line it is not possible
for applicant to maintain the 25' setback. The board agrees with the
reasoning of applicants under the circumstances.
In considering this appeal, the board determines: (a) that
the relief requested is not substantial; (b) that the circumstances
are unique; (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 gowrnmental facilities
of any increased population; (e) that the relief requested will be
in har~mony with and promote the general purposes f the zoning code;
(f) that the interests of justice will be served ~y allowing the
variance, as indicated below.
Accordingly, on motion by Mr. GOehringer, se onded by Mr. Sawicki,
it was
RESOLVED, that Appeal No. 3209, application ~f HARRY AND MARIE
FAGA~, for permission to construct deck .addition ~ith an insufficient
rearyard setback at 21.5 feet, BE AND HEREBY IS~A~,PROVED SUBJECT TO
THE Fg~LOWIN~ CO~DITI~N~:
1. That the deck addition not be enclos'ed o7 roofed;
/
2. There be no further rearyard reductions ess than that
proposed by this application (not closer than, 21 feet).
Location of Property: 400 Betts Street, Cutlhogu.e, NY; County
Tax Map Parcel No. 1000-110.6-9,
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer
and Sawicki. Member Doyen of Fishers Island was ~bsento This resolu-
tion was unanimously adopted.
CO0.P.E. RAT~I,VE~'EXTENS.ION W. ORKSHOP]: It. was bro',ug,h't to the board's
attentiOn~ a ~ork-~-~ sche~d-~.uled for Aprit~2~ ~1984 conce~n.ing
TDR's and Clustering at 246 Griffing~.Ave'p_ue',"Riv~?h~, 'NY.
Reservation deadline: March 30th.
Southold Town Board of Appeals -9- March 17, 1984 Special Meeting
DISCUSSION ON MASTER PLAN: The. board~members voiced certain
opinions concerning portions of the proposed Master Plan. It was
thought that 10-acre zoning was too excessive; and that it would
require property owners to apply for variances ~s compared to
other parcels With two-acre zoning, The board did agree that more
business areas are needed to accommodate the increased number of
dwellings and famil'ies living in the township, The board members
said they would like to receive copies of the new proposed master
plan and get together with the committee_when appropriate,
CHANGE.~IN'NEXT'REGULAR'MEETING: On motion by Mr, Goehringer,
secon~]~-~F'.'~w~-ck~_'~-~_~_
RESOLVED, that the date of the next Regular Meeting and
public hearings be changed from March 29, 1984 tO'APRIL 5, 1984,
Gom~encing at 7:30 p~m. at the' Town Hall, ~ain Road, Southo~d,
New York.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass an~ Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was unanimously a~opted bY all the members present.
~P.RIL 5. ~. 1984 PUBLIC HEARINGS: The Secretary was authorized
and directed to a-~ce of the following Public Hearings
scheduled for the April 5, 984 Regular ~e~ting of_th~s board:
7i30 p.m. Recessed.Hearing o~ ~AMES F,' DRU_~'III;
7:35 p.m, JAMES A,,''AND EDNA~MAE CHRISTIE;
7:40 p,m, ROBERT'A.' cAMPBELl;
7:45 p,m, LINDA MILLER FAULKNER;
7:50.p,m, ~AR~L'P_~.C~;
8:00 p.m, GEORgE-AND NATALIE WIESER;
'8:05 ~,m, 'ROBERT BROWN;
8:10 p,m, BERIT'LALLI;
8:~5 p,m, 'THOMAS Ri 'AND BARBARA D, MERCIER:
(c~ntinued on next page)
Southold Town Board of Appeals -10- March 17, 1984 Special Meeting
(April 5, 1984 Public Hearings, continued:)
8:25 p.m. PETER'AND'PATRICIA LENZ;
8:30 p,~m.~ CROSS SOUND FERRY sERVICES, INC.;
8:45 p.m. MARY'GRIGONIS.
APPEAL'NO. 3206 -'HEN_R~'_~~]~]~frias, Esq.
In accordance with this board's request dated March 5, 1984,
a plan was submitted by Attorney Ofrias showing proposed par~ing
for the post office, laundromat, retail sales, etc. In review-
ing the plan, the board agreed that an on-site and interior
in~pectio~ should be made of the premises to determine all of
the_uses exist~_gg this date, at the convenience of the applicant,
before scheduliqg this matter for a public hearing. The Secretary
was authorized and directed to_send a letter to the attorney
advising him of same. A tentative date for inspection was made
for April 14th at 10:00 a.m~ to be confirmed.
There being no other business properly coming before the board
at this time, the Chairman declared~th~ m~ting ~dJourned at
12:20 o'clock p.m.
/~/ . / ~/~/~ · .~'S°uth°ld Town. Board of Appeals
· '~ . _Chairma~n _ / _ ECEIVED AND FIL!;LL,