HomeMy WebLinkAboutZBA-10/30/1982 SPECSouthold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 S0UTHOLD, L.I., N.Y. 11~"71
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 S
SPECIAL MEETING
OCTOBER 30, 1982
A Special Meeting of the Southold Town Board of Appeals was
held on Saturday, October 30, 1982 at 10:30 o'clock a.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 (Fishers Island). Also present was Victor
Lessard, Executive Administrator [Building Department].
The Chairman opened the meeting at 10:30 a.m.
ADDITIONAL SET-UPS FOR NEXT REGULAR MEETING:
Mr. Douglass, seconded by Mr. Sawicki, it was
On motion by
RESOLVED, that the following applications be and hereby are
SCHEDULED FOR PUBLIC HEARINGS to be held at the next Regular Meet-
ing of this board, to wit, NOVEMBER .1.8., 1982, and that the notice
of same be published in the local and official newspapers of the
town pursuant to law:
8:15 p.m. Appeal No. 3019. A. BODENSTEIN & WIFE. To con-
struct retail store in B-1 Zone with insufficient sideyard
areas and lot size of existing substandard lot. 31855 S.R. 25,
Cutchogue, NY.
8:20 p.m. Appeal No. 3013. EAST END SUPPLY CO., INC. To
construct warehouse in C-Light Industrial Zone with insuffi-
cient front, rear and side yards. S/s Corwin St., Greenport.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug-
lass and Sawicki. Member Doyen was absent. This resolution was
unanimously adopted.
Southold Town Board
£ Appeals -2-
October 3~ 1982 Special Meet. ing
RESERVED DECISION: Appeal No. 3044.
Upon application for NICHOLAS W. IPPOLITO, by Gary Flanner Olsen,
Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance.
Article III, Section 100-31 for permission to construct addition with
reduced rearyard setback at 235 Carol Road, Southold, NY; bounded north
by Stachtiaris; west by VIP Inns; south by Haas; east by Arshamomaque
Pond; County Tax Map Parcel No. 1000-52-2-7.
The public hearing on this application was held on October 21, 1982,
at which time the hearing was declared closed, pending deliberations.
The board made the following findings and determination:
By this appeal, appellant seeks a 12' by 28' addition to the exist-
ing one-family dwelling for additional living area,, leaving an insuffi-
cient rearyard setback at 28 feet at its nearest point from the rear
property line. The parcel in question appears to contain an area of
approximately 5,200 square feet, with 50' frontage along Carole Road.
The subject parcel is bulkheaded the entire length of its waterlying
edge, and the N.Y.S. Department of Environmental Conservation has
issued their "Notice" indicating no jurisdiction pursuant to Article
25 of the Environmental Conservation Law. There has been furnished
for the record that there will be a total square footage of 1,008
and that the 20% minimum lot coverage requirements of the code will
be complied with.
In considering this appeal, the board determines the variance
request will not cause detriment to adjoining properties; that the
circumstances herein are unique; that the difficulty cannot be
obviated by a method, feasible to appellants, 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 indicated below.
On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was
RESOLVED, that Appeal No. 3044, application for NICHOLAS IPPOLITO
for permission to construct an addition to the existing dwelling, be
and hereby IS APPROVED, PROVIDED THAT ALL STRUCTURES ON THIS PARCEl.
DO NOT EXCEED THE MAXIMUM-PERMITTED LOT COVERAGE REQUIREMENT OF TWENTY
PERCENT.
Location of Property: 235 Carol Road, Southold, NY; County
Tax Map Parcel No. 1000-52-2-7.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
Southold Town Board of Appeals -3-
October 3~, 1982 Special Meeting
RESERVED DECISION: Appeal No. 3043.
Upon application for GUS KYRKOSTAS by William B. Smith as agent,
Mechanic Street, Southold, NY for a Variance for approval of access
pursuant to New York Town Law, Section 280-a. Location: Right-of-Way
off the north side of Main Road, Orient, NY; subject parcel being
bounded on the north by the Sound; west by Wilsberg; south by Reese;
east by Demarest; County Tax Map Parcel No. 1000-13-2-4.
The public hearing on this application was held on October 21, 1982,
at which time the hearing was declared closed, pending reinspection and
deliberations.
The board made the following findings and determination:
By this application, appellant seeks approval of access over a
private right-of-way at the north side of the Main Road (State Route 25),
which right-of-way is shown to have a width of 10 feet, extending from
a point at the southeasterly corner of other premises of the applicant
(Kyrkostas), northerly a length of 1647.31 feet to the premises in question
(3.136 acres). After inspection and investigation, the board finds that
this right-of-way is the only legal recorded access to the premises
in question. The premises in question contains an area of 3.136 acres
as shown on survey dated June 6, 1967 by VanTuyl & Son, L.S. and is more
particularly identified as County Tax Map District 1000, Section 013,
Block 02, Lot 004. For the record it is noted that the property to the
west of this right-of-way is a pending major subdivision entitled, "Hill
Crest Estates at Orient; and it is noted that along the easterly side of
the subject right-of-way, there is a 25'-wide right-of-way owned now or
formerly by Harrison Demarest, Sr., but over which the applicant herein
does not have a legal access.
It is the consensus of the board, after inspecting the subject
right-of-way, that the right-of-way should be widened to 15' where
possible, and that improvements are necessary for sufficient access.
In considering this appeal, the board determines the variance
request will not cause detriment to adjoining properties; that the
circumstances herein are unique; that the difficulty cannot be
obviated by a method, feasible to appellants, 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 indicated below.
On motion by Mr. Douglass, seconded by Mr. Goehringer, it was
RESOLVED, that Appeal No. 3043, application for Gus Kyrkostas
for approval of access, be and hereby IS APPROVED SUBJECT TO THE
Southold Town Board of Appeals
-4-
October 30, 1982 Special Meeting
(Appeal No. 3043 - Gus Kyrkostas, continued:)
FOLLOWING CONDITIONS:
1. That this access road running along the easterly side of
other premises of the applicant (Kyrkostas) a length of approximately
424' shall:
(a) be a minimum width of 15 feet and shall be cleared of
all trees, brush and other obstructions to a width of 15 feet [except
that the stone wall existing near this right-of-way shall not be
disturbed]; and
(b) be improved with a minimum of 4" of stone blend to a
width of 15 feet.
2. That this access road running approximately 1223.28 feet to
the premises in question shall have a clear, unobstructed 10' width, and
(a) Have topsoil removed to a depth of eight inches and then
filled with eight inches (minimum) of stone bank run [or better];
(b) Be so improved as stated in the previous paragraph except
that the existing stone wall along the easterly side shall not be
disturbed.
3. Where the terrain of the land over which such access road
is to traverse is such that drainage problems may occur in the future,
the applicant (or subsequent owners) shall be required to construct
such drainage facilities as may be recommended by the town (road
engineer).
4. Ail work required as hereinbefore set forth shall be performed
under the supervision of the town (road) engineer, and no certificates
of occupancy for vacant land or structures shall be issued until these
requirements have been complied with.
5. That this approval of access is subject to a deed in recordable
form giving right of access over the width stipulated above to the
premises in question.
6. That the Board of Appeals may, in passing upon any appeal for
approval of access, make any reasonable exception as in its judgment
it deems appropriate under the circumstances.
7. That in the event this right-of-way is to service more than
one residence, then this entire right-of-way must be brought up to
the specifications adopted by this board on March 22, 1979.
Location of Subject Parcel: 1647.31 feet north of Main Road,
Orient, NY; more particularly known as County Tax Map Parcel No.
Southold Town Board of Appeals
-5-
October 30, 1982 Special Meeting
(Appeal No. 3043 - Gus Kyrkostas, continued:)
1000-013-02-004.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was unanimously adopted.
ADDITIONAL SET-UP FOR 11/18/82:
seconded by Mr. Sawicki, it was
On motion by Mr. Douglass,
RESOLVED, that Appeal No. 3054, application for LEANDER B.
GLOVER, JR. by Richard F. Lark, Esq. be and hereby is SCHEDULED
FOR PUBLIC HEARING TO BE HELD on NOVEMBER 18, 1982 at 8:10 p.m.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug-
lass and Sawicki. Member Doyen was absent. This resolution was
unanimously adopted.
APPEAL NO. 3001. HAROLD E. WALTERS. Members Sawicki and
Grigonis reported that they had no objection to the minor change of
the fencing on the Harold Walters' property. However, it was a
concern of all the board members that all the junk (including
unlicensed vehicles) will be placed within the fenced area.
CORRESPONDENCE RE: CORNER LOT FRONTYARD SETBACK INTERPRETATIONS.
The board members reviewed and discussed Mr. Lessard's letter
suggesting a manner in which to interpret corner lot frontyard set-
backs which would be of better interest to the community, and which
the building department, therefore, feels the adoption is necessary.
The board asked for additional time to consider this request inasmuch
as the letter was received by the office 10/25/82 and did not reach
the board members to give a reasonable time for review.
PENDING APPEAL NO. 3031. THOMAS OCCHIOGROSSO. (Pending DEC
approval). The applicant sent the board a letter apologizing for
the mix-up concerning their application to the DEC for this amended
location of the proposed dwelling and informed us that Amended DEC
application review is now being processed, and that a written reply
from the DEC should be forthcoming within a few days.
Southold Town Board of ppeals -6- October 30 ~982 Special Meeting
PENDING APPEAL NO. 2930. SAL CAIOLA. It was brought to the
board's attention that the period for receiving comments on the
Draft Environmental Impact Statement will officially end 11/1/82,
and that it was the suggestion of the Town Attorney that a few days
grace be allowed for responses by mail which have not yet been
received, if any. The board will review this matter at the next.
meeting of the board.
ENVIRONMENTAL DECLARATIONS:
On motion by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, to declare the following Negative Environmental
Declarations pursuant to the N.Y.S. Environmental Quality Review
Act (SEQRA):
APPEAL NO.:
PROJECT NAME:
3054
LEANDER B. GLOVER, JR.
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, pleaSe-take 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: Set-off of parcel with insufficient
area and road frontage.
LOCATION OF PROJECT:
particularly known as:
Town of Southold, County of Suffolk, more
Cox's Lane, Cutchogue, NY.
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 s~ould this project be implemented as
planned.
Southold Town Board Appeals -7- October 1982 Special Meeting
APPEAL NO.: 3019
PROJECT NAME: A. BODENSTEIN & WIFE
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, please take 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: Construct retail store in B-1 Zone with
insufficient sideyard areas and lot size of existing substandard lot.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 31855 S.R. 25, Cutchogue, NY.
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.
APPEAL NO.: 3013.
PROJECT NAME: EAST END SUPPPLY CO.
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, please take 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 project2
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Construct warehouse in C-Light Industrial
Zone with insufficient front, rear and side yard setbacks.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: South side of Corwin Street, Greenport, NY.
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 -8- October 30, ±982 Special Meeting
APPROVED
Being there was no other business properly coming before the
board at this time, the Chairman declared the meeting adjourned.
Site inspections followed.
Respectfully submitted,
Linda F. Kowalski, Secretary
Southold Town Board of Appeals
RECEIVED AND FILED BY
ln~ SOUTi~OLD TOWN CLERK
DATE/~/~ 7/~ HOUR
~~k, Town~ld