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HomeMy WebLinkAboutZBA-12/20/1984-SPEC SouthOld Town Board of Appeals MAIN ROAD- -¢:TATE ROAD 25 .c:OUTHOLD, L,I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N U T E $ SPECIAL MEETING DECEMBER 20~, 1984 A Special Meeting of the Southold Town Board of Appeals was held on Thursday, December 20, 1984 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr., Member; Robert J. Douglass, Member, and Joseph H. Sawicki, Member. Also present was Victor Lessard, Building- Department Administrator. The Chairman opened the meeting at 6:00 p.m. and each of the board members executed the Notice of Waiver for this meeting. RESERVED DECISION: Appeal No. 3286: Application for JOSEPH GRASSO, c/o D. Denis, Route 25, Aquebogue, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for permission to construct new one-family dwelling with an insufficient frontyard setback at premises identified as County Tax Map Parcel No. 1000-59-06-003, located on the North Side of Sound View Avenue, Southold, NY; (current owner: A. Milne). The public hearings concerning this matter were held on Novem- ber 29, 1984 and December 13, 1984, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: This is an appeal from Article III, Section 100-31, Bulk Schedule Southold Town Board of Appeals -2- December 20, 1984 Special Meeting (Appeal No. 3286 - JOSEPH GRASSO, continued:) of the Zoning Code which requires a minimum setback from the front (road- side) Property line of 35 feet for a new one-family dwelling. Applicant originally requested a setback of 12 feet, which was later amended to a setback of 18 feet with a slight change in the positioning of the house. The house proposed has an overall depth with the attached garage of 38 feet with variations to 16 feet at the easterly section of the house, as shown on the December 13, 1984 plan prepared by Donald A. Denis, A.I.A. The premises in question has a depth along the westerly side of 104.40 feet; and at the center a depth of approximately 83 feet. This parcel fronts along Sound View Avenue along an arc 210..99 feet and along Great Pond at a tie line 112.42 feet. The house as proposed is positioned at the highest elevations of this parce~ which at ground level vary between seven and 12 feet above mean sea level. For the record, it is noted that a variance to the Flood Damage Prevention Law has simultaneous- ly been filed under File #FL-15, requesting a basement with utilities below the lowest floor minimum elevations in this A-10 (El. 11) Flood Zone~which has been denied as applied. It is the opinion of the board members that in view of the depth of this parcel and its limited buildable area due to the "wet- lands" areas, practical difficulties in meeting the 35' front and 35' reary~rd requirements do exist. However, it is also the opinion of the board that a 20-foot minimum frontyard setback is sufficient since the dwelling could be modified an additional two feet without great hardship. By allowing a 20-foot setback from the required 35, a variance of 43% would be sought which is substantial in light of the existing "established~' setbacks in the area. In considering this appeal, the board has also determined: (1) that the circumstances are unique due to the ~.opography, size and character of this parcel; (2) that the variance for a 20-foot frontyard setback would not adversely affect neighboring properties; (3) there being no objection concerning this matter, that the variance will be within the best interests of justice, as indicated below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that under Appeal No. 3286, in the Matter of JOSEPH GRASSO, a new one-family dwelling BE PERMITTED"TO BEACON- STRUCTED WITH A 20~FOOT FRONTYARD SETBACK, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no curb cuts directly south of the garage, and a hedge or other screening four-feet in height be placed along the area south of the garage (to prevent backing out), and that same be Sout'hold To~'n 'Board of Appeals. -3- December 20, 1984 Special Meeting (Appea~i No. 3286 - JO"SEPF~~ G~SSO, -continued:) maintained at all times; 2. Curb cuts may be permitted to the east and west front (road-side) areas; 3. The setback from the front property line not be less than 20 feet. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-59-06-003. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. This resolution was adopted by unanimous vote of the members present. DECISION: FL #15: Application for JOSEPH GRASSO, c/o D. Denis, Route 25, Aquebogue, NY for a Variance to the ~ gamage Prevention Law, Ch. 46, for permission to utilize area...below the minimum required flood elevation for mechanical equipment, at premises identified as CQ.unty Tax Map Parcel No. 1000-59-06-003, North Side of Sound View Avenue, Southold, NY (current owner: A. Milne). The public hearing concerning this matter was held on November 29, 1984 and December 13, 1984, at which time t.he hearing was declared closed pending deliberations. Upon investigation and personal inspection of the premises, the board finds and determines as foll.ows: The"iot in question has approximately 15,713 sq. ft. in area; and the plot plan submitted to the Board 19s.~ly revised July 31, 1984, indicates the area of the lot where the dwelling is to be cgnstru.cted. Another sketch plan was su_bmitted indicating.~ requested elevation for the lowest (basement) floor to be at 3.5 feet above mean sea level. The lowest ground elevations of the premises in th'e area of the proposed house is shown to be at eight feet above mean sea level. The Flood Insurance Rate Map (FIRM) indicates that the property is located in A-10 Flood Zone with a'minimum required elevation for'the lowest floor at 11 feet above mean sea level. The premises in question is bounded on the north by Great Pond and alOng the center has a depth of approximately 83 feet, Although the house is positioned at the highest elevations of this parcel which vary between seven and 12 feet, it is the opinion of the board that the basement will still be subject to flooding, thereby creating safety and electrical hazards. Southold Town Board of Appeals -4- December , 1984 Regular Meeting (Appeal No. FL-15 - JOSEPH GRAsso, continued:) In passing upon this application, the Board has considered all technical evaluations; all relevant factors; all standards specified in the Code; and all of the applicable factors contained in Section 46-15B, subdivisions (1) to (11), inclusive of the Code. The board further finds and determines that: (1) there is a good and sufficient cause for not granting this variance~ (2) by denying the variance excep%i~na~ hardship would not result; (3) the grant of this variance will result in threats to public safety, create nuisances and unsafe conditions. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under No. FL-15 by JOSEPH GRASSO for permission to construct lowest floor (basement with utilities) below the minimum ll-foot required elevation above mean sea level, BE AND HEREBY IS DENIED AS APPLIED. Location of Property: North Side of Sound View Avenue, Southold, NY; County Tax Map District lO00, Section 59, Block 06, Lot 003. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. This resolution was adopted by unanimous vote of the members present. ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer, seconded--6~Mr. Grigoni's, it was RESOLVED, to declare the following Environmental Declarations indicating negative adverse effects upon the environment pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the New York State Department of Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law, and Local Law No. 44-4 of the Town of Southold: (continued on page 5) Southold Town Board O~ Appeals -5- December 2~.'~1984 Special Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Siqnifi'cance APPEAL NO.: 3309 PROJECT NAME: HENRY J. SMI~t & SON, INC. 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- cant adverse effect on the environment for the--~-~asons indicated below. Please take further notice that this declaration should not be considered a determination made for any other departmen~ or agency which may also have an application pending for the same or simii~r project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of access & lot width LOCATION OF PROJECT: Town of Southold, County of~Suffolk~ more particularly known as: Peconic Lanes Peconic, County Tax Map Parcel ~1000=074~03~019 R~ASON(S) SUPPORTING THIS DETERMINATION: (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 property in question is not located within 300 feet of 'tidal wetlands or other critical'environmental area. Southold Town Board of Appeals -6- December 20, 1984 Special Meeting (Environmental Declarations, continued:) S.E.Q.R,A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non=Signifi'cance APPEAL NO.: 3310 PROJECT NAME:''GAR¥'DOR0sKI 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 r~asons 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 simii&r project. TYPE OF ACTION: [XJ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Accessory structur·e in an area other than the required rearyard. LOCATION OF PROJECT: Town of Southold~ County of Suffolks more particularly known as: E/s Monsell Lane.., Cutchog~e, NY; 1000-97-8-27. REASON(S) SUPPORTING THIS DETEk~INATION: (i) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environmen: are likely to occur should this project be imple- mented as planned; (2) Being a setback-variance, this is a "~ype" II~' Action not requiring further processing. ' ' (3) This ~ons~r~ct~on app~a~s to require additional review by the ~.~.,_~S._~_~y!~men~a~ Conservation. Vote of the Board: Ayes:. Messrs. Goehringer, Grigonis, Douglass and Sawic:ki Member Dbyeh :of Fishers Island was absent. This resolution was adopted by unanimous vote of the members present. Southold Town Board of Appeals -7- December 20, 1984 Special Meeting The Chairman briefly discussed the matter of Home Occupations and whether an investment broker had direct relevance. An opinion has ben sought from the Town Attorney, and the Chairman indicated that this matter would be further discussed for elaboration at the Regular Meet- ing in January to allow the board members time for consideration. It was noted that an interpretation for "real estate broker" was disallowed by this board under "Home Occupations'," Article III of the Zoning Code in the '~A-Residential and Agricultural" Zoning District~ APPEAL NO. 3318 - MEEHAN AND LEONARDI. Review of this file was made wherein the applicants propose a re-division of land at Reydon Drive, Southold. tt was the consensus of the board ~.hat this matter be held in abeyance temporarily pending review and comments from the Southold Town Plaaning Board and pending an on-site inspection by this board. This ~operty is part of an October 1936 filed Subdivision of "Reydon Shores" at Southold as filed in the Office of the Suffolk County Clerk. 'CHANGE IN SECOND REGULAR MEETING FOR JANUARY: On motion by Mro Goeh-ringer, s~conded by Mr. Grigonis, it was RESOLVED, {hat the Matter of Appeal No. 3303, FRANK A. FIELD REALTY, INC. which was held for public.hearing Decembe~984~. recessed--b~ntil January 17, 1985,~ BE AND HEREBY IS RE-'SCHEDULED to be reconvened on ThursdaY, J~nuar~'24,~,~ secon~'~-~gular Meetin-g of this board; abd it is FURTHER RESOLVED, that the Secretary is hereby authorized and directed to advertise notice of same in the local and official news- papers of the .town, to wit: Suffolk Times and L.I. Traveler-Watchman, accordingly. Vote of the Board: Ayes: Messrs. Goehringer, Gr~gonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. This resQ.lu- tion was adopted by unanimous vote of the members present. PUBLICATION IN "THE DAY PUBLISHING CO.'~" Fishers Island newspaper: On motion by Mr. Goehringer, seconded by Mr. G~igonis, it was RESOLVED, that the Secretary is hereby authorized and directed to advertise notice of hearing for Appeal No~ 3313 in ~he Day Publish- lng Co." newspaper..(or alternative local paper for Fishers Island residents) which has been scheduled for January 24,_ 1985. Southold Town Board of Appeals -8- December 20, 1984 Special Meeting Vote of the Board: Ayes: Messr's. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. This resolu- tion was adopted by unanimous vote of the members present. There being no other business properly coming before the board at this time the Chairman moved to adjourn, seconded by Member Sawicki, and duly carried. The Meeting adjourned at 6:40 p.m. The board members wished everyone a very Merry Christmas. Respectfully submitted, Southold lown Board of ~ppeals ~ dan~ary 10~5 THE SO~EOLD TO~' CLL~I~Z ~