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Home My WebLink AboutZBA-01/10/1984-SPEC Southold Town Board o£Appeals IvlAIN ROAD-STATE ROAD m-5 -~OUTHOLD, L.I., N,Y, 11c:J71 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J DOUGLASS JOSEPH H. SAWICKI ,M 3' N U T E $ SPECIAL MEETING JANUARY 1D, 1984 A Special Meeting of.the. Southold Town Board of Appeals was held on Tuesday, JanUar~ i0, 1984 at 7:00 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Robert J. Douglass and Joseph H. Sawicki. Absent was Serge Doyen of Fishers Island. Also present was Victor Lessard, Adminis- trator (Building Department) and Ruth Oliva (North Fork Envirorumental Council). The Chairman called the meeting to order at 7:05 p.m. CORRESPONDENCE: Appeal No. 3159. EDWIN W. STEWART. On January 3, 1984, our office received written correspondence from Mr. E. Stewart requesting reconsideration of the 8' addition which was conditionally granted by this board on November 25, 1983. The board members discussed the reasons given in Mr. Stewart's request and it was unanimously agreed that the board's prior decision as rendered on November 25, 1983 Should not be changed, altered, amended, or otherwise. The secretary was instructed to advise Mro Stewart of the above. The board reiterated that the size of this parcel is approximately 4,000 sq. ft. which is not sufficient to warrant ~he total 14' area, particularly due to this flood locale. DELIBERATIONS: Appeal No. 3187 - BERTHA OKULA. The Chair- man asked that this matter be carried over to the Regular Meeting of January 25, 1984 when Member Doyen could be present. Southold Town Board of Appeals -2- January 10, 1984 Special Meeting NEW.APPLICATION: Appeal No. 3203 - D.'J.. CLAUSE ENTERPRISES. The board..~...e3~!b~_review~d the subject~pp.~.e._a~~fil~d on December 27, 1983 by the Law'O~ic~s.9~.W!~%~a~ 'W. Ess~,~Esq. The following ac~On was ta~Dn: on motion by Mr~ Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3203, application for D.J'. CLAUSE ENTERPRISES be scheduIed for'..publiq he~ng to b~hel~_~t~h~ ~anuar~1984 Regular~ee~ngpf _~his board subject to receiving the fol%gwing information prio~ thereto: Plan showing ~he proposed location of the fire walls for these, buildings in this proposed division of land~ _ ..... Vote of the Board: Ayes: Messrs. Go~hringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adop.ted. It was also the consensus of the board to request an inspection of the interior of the buildings in question for Sunday, January 22, 1984 at 11:00 a.m. DATE~FOR PUBLIC HEARING AND SEQRA: App.eal~No. 3204 DOUGLAS CASTOLDI (Beachwood Cafe) ....... On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3204, application of DOUGLAS CASTOLDI for a Variance to the Zoning Ordinance for a proposed addition with insufficient yard setbacks at the corner.of.Kenney's.Road and Leeton Drive, Southold, be and hereby IS SCHEDULED FOR PUBLIC HEARING in addition to those previously scheduled.to.be.held at the.next Regular Meeting of this board, to wit: WedneSday, January 25, 1984, and that the same Shall be advertised in the local a~d official newspapers of the town, pursuant to law. Vote of the Board: AYes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. ENVIRONMENTAL DECLARATION: On motion by Mr. Douglass, seconded~ by Mr. Sawicki, it was RESOLVED, to declare the'. f~llowing NegatiVe Declaration: Southold Town Board of Appeals -3- January ~0, 1984 Special Meeting NEGAT!¥~ ENVIRON~NTAL DECLARATION Determination of Non-Signi~icance~ Notice of APPEAL NO.: 3204. PROJECT NA~':DOUGLAS CASTOLDI This notice is issued pursuant to Part 617 of ~he implementing regulations pertaining to Article 8 of the NoY.S~ E~vironmental Q~la!ity Review Act of the Environmental Conservatio Law and Local Law #44-4 of the Town of Southold. This board determines the within project not t~ have a signifi- cant adverse effect on the environment for the' reas, ns indicated~ below~ Please take further notice that this declarati~)n should not be considered a determinat3.on made for any other depar~2ment or agency which may also have an application pending for the ~ame or similar project. TYPE OF ACTION: IX] Type II [ ] U~listed [ ] DESCRIPTION OF ACTION: Frontyard setback fo proposed addi- tion off Kenney's Road, and vestibule addition off Or~h~Sea Drive. L~ATION OF PROJECT: Town of Southotd, Cou~t~ of Suffolk~ more particularly known as: Corner of Kenney's Road and orth Sea DriYe, Southold, NY. REASON~) SUPPORTING THIS DETEF~NATION: (1) An Environmental Assessment in the short form has b~en 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 project proposed is landward of the L.I. Sound and existing build~nqs and is located sou~h of North SeaDriv~,a town road. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishsrs Island was absent.) This resolution, was unanimously adopted. ~outhold Town Board o~-~Appeals -4- January~, 1984 Special Meeting PENDING PLANNING BOARD AND OTHER: Appeal No. 3205 - JOHN M. and FRANCES C. DiVELLO. Application for approval of access over a proposed new right-of-way and for approval of insufficient area and width of four proposed lots at the East Side of Westphalia Road, Mattituck was filed on January 6, 1984. The board members reviewed the new application together with recent correspondence from John W. Giblin, Jr., Esq., attorney for Andrew Galgano, Sr. and Andrew Gal- gano, Jrt, users of the present right-of-way. The following action was taken: On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3205, application for JOHN M. and FRANCES C. DiVELLO, be temporarily held in abeyance pending receipt of the following: (1) Comments or recommendations from the Southold Town Planning Board concerning the layout of this proposed subdivision and the proposed new right-of-way; (2) An executed joint easement or agreement between the parties involved concerning the use'of this proposed new right-of-way. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adgpted. NEW APPLICATION: Appeal No. 3206 - HENRY'P. SMITH. The board members reviewed this new application filed January 6, 1984 in which the applicant seeks permission to subdivide his premises located at the West Side of P~conic Lane, Peconic, into two lots containing insufficient area and width in this B-1 Business Dis- trict. Pursuant to the town's January 1982 se~..of procedures concerning applications involving both the Z.B.A. and the Planning Board, the following action was taken: On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3206, application for HENRY P. SMITH be temporarily held i~._abeyance pending ~evi~w and receipt.of comments from the Southotd Town Planning Board concerning the lot line layout of this proposed subdivision (or set-off) recently filed. Vote of the Board: Ayes: Messrs. Goehrin~er, Grigonis, Doug- lass and Sawicki. (Member. Doyen of Fishers Island was absent°) This resolution was unanimously adgpted. S~uthold Town Board o~.~ppeals -5- January ~, 1984 Special Meeting ASSOCIATION OF TOWNS ANNUAL MEETING: February 19, 20, 21, and 22, 1984 at the New York Hilton Hotel. Reservations by January 20, 1984 to the Town Clerk. Member Sawicki indicated that he would like to attend and would let us know by the 20th. Member Goehringer said he had planned going in Monday and Tuesday. Members Douglass and Grigonis said they would not be staying overnight on any of the dates~ The secretary was asked to attend if possible. Member Doyen has made reservations with the Town Clerk for a single room for the entire four-day session. NEW APPLICATION: Appeal No. 3207. WINDS WAY BUILDING CORP. (as contract vendors with Svante Johnson, owner). Cedar Point Drive East, Southold. Subdivision Lots 82 to 87, inclusive, Map .~90 of Cedar Beach Park. Area and width variance for three proposed lots rather than the original six lots. In accordance with the town's January 1982 set of procedures con- cerning applications involved both this board and the Planning Board, and pursuant to the N.Y.S. Tidal Wetlands Land Use R~gulations pertain- ing to lots along estuaries, the foll~ing action was taken: On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3207, application of WINDS WAY BUILD- ING CORP. be temporarily held in abeyance pending review and receipt of comments from the Southold Town Planning Board concerning the lot line layout of this proposed subdivision (or set-off) and approval from the N.Y.S. Department of Environmental Conservation inasmuch as the property is below 10' elevation and fronts along Pleasant Inlet at Cedar Beach Harbor. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. APPROVAL OF MINUTES: The following was taken concerning recently prepared minutes of previous meetings of this board: On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to approve the minutes as submitted for each of the following meetings: December 29, 1983 Regular Meeting; December 19, 1983 Special Meeting; November 30, 1983 Regular Meeting. Southold Town Board of Appeals -6- January 10, 1984 Special Meeting (Approval of Minutes, continued:) Vote of the Board: Ayes: Messrs. Goehringerr Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. NEW APPLICATION: Appeal No. 3201 - NORMAN C. BOOS. The Chair- man indicated that he and each of the boar~m~e~-~ have received many letters in objection to this application. Also~ discussions have been held with Supervisor Murphy as to the status and processing of this application. Thos9 interested were informed that the Z.B.A. has requested additional information from the applicant pursuant to this board's resolution adopted December 28, 1983. The Chairman also advised that this file is pending SEQRA, and a declaration must be made as to its effect, if any, on the environment. The board members discussed the project at length, particularly the number of boats kept a% the premises, their sizes, the different occupancies, the wetlaDds grasses along the channel, sewage systems on the boats, etc. On mo%ionbyMr. Sawicki, secondedbyMr..Goehringer, it was RESOLVED Pursuant to Section 617.7 of the N.Y.S. Department of Environ- mental Conservation Act, ARticle 8 of the Environmental Conservation Law, and Section 44~4 of the Southo%d Town Code, and in order to commence the processing of the SEQRA procedures, the Board of Appeals of the Town of Southold at this time declares itself leady agency in this proposed project and hereby 61assifies the same as an unlisted action which may have a significant adverse effect upon the environ- ment for the following reasons: 1. Information has ~ot been submitted indicating the type of sewage systems available, if any, for those boats having sleeping, kitchen, or other facilities, which may cause pollution into the waterway; ~_~ 2. Information has not been available indicating the type of manuevering for those boats to be navigating to and from each docking facility, which may disturb the wetlands area along the edge of this subject area. It is hereby requested that the applicant and/or his agent furnish our department with a completed Long Environmental Assessment Form (copy provided for applicant's u~se). This declaration should not be considered a determination made for any other department o~ agency which may also be involved, ~nor for any other project not covered by the subject ~B.A. application. Vote of the Board: Ayes: Messrs. '~oehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was ~bsent.) This resolution was u~anim~us~y adgpted- Southold Town Board o~Appeals -7- January 1~.~J1984 Special Meeting Being there was no other business properly coming before the board at this time, the following action was taken: On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that this meeting adjourn. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. The meeting adjourned at approximately 8:00 p'.m. Members Douglass, Ruth Oliva, Victor Lessard, Chairman Goehringer stayed afterwards for general discussions which were not part of the meeting. Respectfully submitted, Li~da F~. ~°2~:1 s~k i~r~ Southold Town Board of ~ppeals A ~~~'r '' TF, E SOUTHOLD TOWN .... T~.~a Clerk, Town of ~ott~ho