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HomeMy WebLinkAboutZBA-03/06/1982 SPECSouthold Town Board of Appeals MAIN ROAD- ¢~TATE ROAD 25 50UTHOLD, L.I., N.Y. 119'7] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERTJ. DOUGLASS JOSEPH H. SAWICKI MINUTES SPECIAL MEETING MARCH 6, 1982 A Special Meeting of the Southold Town Board of Appeals was held on Saturday, March 6, 1982 at 9:15 o'clock a.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Joseph H. Sawicki. Absent were: Serge Doyen, Jr., (Fishers Island) and Robert J. Douglass. The Chairman called the meeting to order at 9:15 a.m. RESERVED DECISION: Appeal No. 2948. Application of Dimi- 'trios Pavlidis, by Garrett A. Strang, Box 1412, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 790 Hickory Avenue, Southold, NY; bounded northwest by Williams; west by Hickory Avenue; southeast by Carroll; east by Dow; County Tax Map Parcel No. 1000-54-6-6. The board members reviewed the plans submitted March 3rd by Garrett A. Strang for the applicant indicating the dimensions of the proposed structure. However, upon reviewing the architec- tural plans, it was found that the deck, walkways and porch areas were not included in the total lot coverage calculations. It is the board's consensus that the total lot coverage is about 22.78%, or 2.78% over that permitted by the zoning code. The board made the following findings and determination: By this appeal, applicant seeks permission to construct a one-family dwelling with an insufficient rearyard setback of 34 feet, with the attached deck. The depth of the proposed house at the northwest end is 36', the length of the house 71' The lot in question contains an area of 14,191 square feet, with Southold Town Board of ~peals -2- March ~, 1982 100' road frontage along Hicory Avenue and an average depth of 142'. Applicant intends to maintain the established average setback in the frontyard of 45 feet, and to comply with the sideyard setback restrictions of the code. It is the opinion of the board that the location of the dwelling is most practical and the depth of the house at 36' is not unreasonable and not out of character in this vicinity; however it is the feeling of the board that the setback in the rearyard be not less than 40 feet. In considering this appeal, the board determines that the variance request is not substantial in relation to the code require- ments; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Dimitrios Pavlidis be granted a variance to the zoning ordinance, Article III, Section 100-31 for permission to con- struct a one-family private dwelling, SUBJECT TO THE FOLLOWING CON- DITIONS: 1. That the building not be constructed closer than 40 feet to the rear property line (including the deck); 2. That the total lot coverage shall not exceed 20% for all structures (including decks, walkways, porch area, etc.). Location of Property: 790 Hickory Avenue, Southold, NY; County Tax Map Parcel No. 1000-54-6-6. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. Absent were: Messrs. Doyen and Douglass. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the following appeals be scheduled for public hearings to be held at the next regular meeting of this board, to wit, March 19, 1982, at the Southold Town Hall, Main Road, Southold, New York: Appeal No. 2957 - Walter N. Pharr, Jr. Appeal No. 2953 - Harvey Bagshaw, Inc. Appeal No. 2942 - Paul and Margaret Radich Southold Town Board o~ Appeals -3- Ma~ch 6, 1982 Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Absent were: Messrs. Doyen and Douglass). ENVIRONMENTAL DECLARATION: Appeal No. 2957. WALTER N. PHARR, JR. (Property of Nicholas Aliano). On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of WALTER N. PHARR, JR.: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question is not located within 300 feet of tidal wetlands area. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: N/s C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-59-9-part of 30.2; also referred to as Subdivision Lot 2 of N. Aliano Subdivision Filed Map No. 250. Vote of the Board: Ayes: Messrs. Grigonis, Goehringer, and Sawicki. (Absent were: Messrs. Doyen and Douglass) Southold Town Board ~ Appeals -4- Marc~ 6, 1982 The board members discussed the filing fees that the zoning committee has requested be updated, and it was the consensus of the board that the $25.00 fee as previously recommended (May 1980) again be recommended for all appeals, including zoning, flood-law variances, special permits, special exceptions, etc.) ENVIRONMENTAL DECLARATION: SHAW, INC. Appeal No. 2953. HARVEY BAG- On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Harvey Bagshaw, Inc.: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question is not located Within 300 feet of tidal wetlands area. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 7255 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-6-34. Vote of the Board: Ayes: Messrs. Grigonis, Goehringer, and Sawicki. (Absent were: Messrs. Doyen and Douglass.) Southold Town Board , Appeals -5- M~ Jh 6, 1982 On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of PAUL AND MARGARET RADICH: (Appeal No. 2942): ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in the appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur to the environment should this project be implemented as planned in the within appeal application. The project in question is not located within 300 feet of tidal wetlands area. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other proj~ect not covered by the subject appeal application. Location of Property: 51170 Main Road, Southold, NY; County Tax Map Parcel No. 1000-70-2-6. Vote of the Board: Ayes: Messrs. Grigonis, Goehringer and Sawicki. (Absent were: Messrs. Doyen and Douglass.) Being there was no further business to come before the board at this time, the meeting was declared closed at approxi- ~mately 9:45 a.m. Respectfully submitted, aPPrOVED ~,inda F. Kowalski, Secretary /~-' ~'~/'~ ~~/~//~j /~ Southold Town Board of Appeals C~airman Board of Appeals--