HomeMy WebLinkAboutZBA-08/26/1982 SPECSouthold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .JR,
SERGE DOYEN, JR
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
MINUTES
SPECIAL MEETING
AUGUST 26, 1982
A Special Meeting of the Southold Town Board of Appeals was held
on Thursday, August 26, 1982 at 7:00 o'clock p.m. at the Southold
Town Hall, Office of the Board of Appeals, Main Road, Southold, New
York.
Present were: Gerard P. Goehringer, Chairman; Charles Grig-
onis, Jr.; Robert J. Douglass and Joseph H. Sawicki. Absent was:
Member Serge J. Doyen (Fishers Island). Also present was Mr. Victor
Lessard, Executive Administrator (Building Department).
APPROVAL OF MINUTES: On. motion by Mr. Grigonis, seconded by Mr.
Sawicki, it was
RESOLVED, to approve the minutes of the Special Meeting held
August 6, 1982 and the minutes of the Regular Meeting held August 17,
1982.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass
and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution
was unanimously adopted.
REICH BROTHERS AUTOMOTIVE SERVICE, INC., APPEAL NO. 2856.
(Hearing was held and closed on 7/29/82).
Mr. Lessard gave the board members an update on the status of the
matter of Reich Brothers Automotive Service, Rocky Point Road, East
Marion and stated that the applicants are aware that they appear to be
in violation of the board's prior decision concerning this use and
premises. The board did not render a decision as yet.
SOuthold Town Board of Appeals
-2-
August 26, 1982 Special Mtg.
RESERVED DECISION: Appeal No. 3017.
Upon application of FLORENCE JOHNNIDIS, 800 Sound Beach Drive, Matti-
tuck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-
32 and Article XIV, Section 100-141, for approval of the construction of
an accessory building in the frontyard area at 800 Sound Beach Drive,
Mattituck, NY; bounded north by L.I. Sound; west by Kousouros; south by
Sound Beach Drive; east by White; County Tax Map Parcel No. 1000-99-1-009.
The public hearing on this matter was held on August 17, 1982, at
which time the hearing was closed pending receipt of the exact distance
from the accessory building to Sound Beach Drive, and pending delibera-
tions. The board reviewed the figures submitted and adopted the following:
By this appeal, appellant seeks approval of the construction of a
10' by 12' accessory building situated in the frontyard area approximately
65 feet from Sound Beach Drive. The intended use of this accessory
structure is for storage purposes.
The premises in question contains an area of approximately 14,250
square feet with approximately 78' frontage along Sound Beach Drive.
The parcel in question does have frontage along the Long Island Sound
and has a rearyard setback of approximately 50 feet and this area has
a history of erosion. The board agrees with the reasoning of appellant
under the circumstances.
In considering this appeal, the board determines that the variance
request is not substantial; that the circumstances herein are unique and
practical difficulties have been shown; 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 indicated below.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No. 3017, application of FLORENCE JOHNNIDIS
for approval of the construction of a 10' by 12' accessory storage
building, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
(1) That this accessory building shall not be increased in size
[without the express prior written approval of this board]; and
(2) That this accessory building may never be used for sleeping
or living quarters and must be used only for storage purposes.
Location of Property: 800 Sound Beach Drive, Mattituck, NY;
County Tax Map Parcel No. 1000-99-01-009.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass
and Sawicki. (Member Doyen, Fishers Island, was absent.)
Southold Town Board of Appeals -3-
August 26, 1982 Special Mtg.
NEW APPEAL NO. 3025. Application of CHARLES P. ZIEGLER by Gary
Flanner Olsen, Esq.for approval of access and for variances to the
zoning ordinance: (a) Article II, Section 100-23(C) and Article III,
Sections 100-30 and 100-31 for permission to locate buildings with
insufficient setbacks as exist on the premises due to the proposed
location of the subdivision lines and (b) for permission to retain
garage use of building on Lot No. 2. Location of Property: Home Pike
Road, Mattituck, NY; "Point Pleasant Subdivision" Map No. 270;
County Tax Map Parcel No. 1000-114-1-5.
The board members reviewed the above recently-filed application,
and it was noted that approval from the N.Y.S. Department of Environ-
mental Conservation had not yet been received per information in the
record. The Chairman explained the extenuating circumstances in this
situation, and the applicant's attorney has asked the board to
reconsider holding this matter in abeyance. The board agreed to
schedule same for the board's next regular meeting of September 9th;
however the secretary was asked to telephone the office of the D.E.C.
in Stony Brook explaining the situation, and that a follow-up letter
be sent to the D.E.C. asking their comments and position in this
matter.
ARTHUR M. SCHWARTZ, M.D. APPEAL NO. 2959. (Decision was rendered
conditionally approving this application for approval of access on
April 14, 1982.) Mr. Lessard inquired as to a clarification of the
"length" of improvements over this right-of-way, and Said that a
letter would be forthcoming from the Building Department concerning
same. (Location of R-O-W: Off Westphalia Road, Mattituck, NY.)
SET-UPS FOR SEPTEMBER 9, 1982 PUBLIC HEARINGS:
On motion by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, that the following matters recently-filed be and
hereby ARE SCHEDULED for public hearings to be held at the Town Hall,
Main Road, Southold, NY at a Regular Meeting of this board of Thurs-
day, September 9, 1982 commencing at 7:30 p.m.:
7:30 p.m.
7:35 p.m.
7:40 p.m.
7:45 p.m.
7:50 p.m.
William Keinath. Appeal No. 3023
James Manos. Appeal No. 3026
Ann O'Sullivan. Appeal No. 3028
Charles P. Ziegler. Appeal No. 3025
Pasquale Romanelli. Appeal NO. 3024.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass
and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolu-
tion was unanimously adopted.
Southold Town Board ~_ Appeals -4- Au% ~t~-26, 1982 Special mtgi
APPEAL NO. 2168. HORACE AND RUTH TERRY. DECISION RENDERED 8/12/76
GRANTING CONDITION APPROVAL for access and insufficient area and width.
Location of Property: Private right-of-way off the north side of Main
Road, Orient, NY.
Mr. Lessard asked about the location of the subject right-of-way
as approved on 8/12/76. It was suggested that a copy of the current
(or prior) deeds for these premises by obtained in order to determine
whether the !'legal access" referred to in the minut~ of this board
of 8/12/76 concerning this application is that same access recorded on
the deed (s).
APPEAL NO. 2951. CHARLES P. ZIEGLER for similar relief as
requested in a recently-filed Appeal No. 3025. Correspondence should
be forwared to Mr. Olsen, Esq. for a written confirmation that they
wish to withdraw this prior application. (This prior application was
held in abeyance pending D.E.C. approval which to date has not been
received to our knowledge.)
Tuesday, August 31, 1982 at 6:30 p.m. was agreed to for inspections.
APPEAL NO. 2986. PETER D. PIZZARELLI. DECISION RENDERED JULY 29,
1982 for "sleeping quarters'' in accessory building on 2.979-acre parcel
on a private right-of-way off Indian Neck Lane, Peconic, NY.
Mr. Lessard indicated that they (the Building Department) inter-
pret the Board's decision of 7/29/82 to mean that this property is
further subdivided and that the 40,000 square feet of land area around
this accessory structure is deemed to be a separate parcel, interpreting
this structure as being "principal" rather than "accessory." The
Board of Appeals asked Mr. Lessard to correspond with the board in
writing on this problem, and that a reply from the board members will
be returned immediately clarifying the situation.
PROPOSED BUDGET FOR 1983:
The Chairman submitted the following proposed Budget for 1983
for board members' review, and all were in agreement with same. The
Chairman was authorized to file same with the Town Clerk.
The proposed Budget-1983 is as follows:
Soutnola Town Boarc~ot Appeals -5- ~lgus5 ESTIMATE OF EXPENDITURE.
FoP
Zoning Board of Appeals
(Administrative Unit)
Unit Code B8010
Expended Budget For Request For
Last Year This Year Next Year
19 81 19, 82 19 83
$ ' $ ' 9,740
$ 26,960
13 ,bUU
.I PERSONAL SERVICES* (List all employees giving Title,
No. of Persons & Pay Rate)
Chairman ($6,740 & $3,000)
Four Members @ $6,740
Secretary
"as Clerk of the Board
" Overtime
Part-time aid
$$~'0,771
$
Sf, OOO
$2,000
34,422.00
$ 2,000
$ £,uuu
$ 2,500
TOTAL - PERSONAL SERVICES
· 2 EQUIPMENT (Show individual items)
File cabinets and related
office equipment
28,500.00
550.00
550.00
550.00
$_. 5 5,'?~rO. O0
550.00
$.,
TOTAL - EQUIPMENT $
.4 CONTRACTUAL EXPENsEs (List by major Items orTypes)
Lanier Service Agreement and
IBM Elec. 75 Typewriter Lease $.
IBM Carbon Ribbons per Contract
Film $250.00; Stationary/Forms $300
F'.I. Member expenses for attendanc~
and ZBA inspections; Jack Davis insp.
~uDscrip~ions/manuals/brochures
Association of Towns
~egal counsel
Defense Counsels
AdverLi~ing CO~Ls
TOTAL - ~x~~,~
contractual :
TOTAL FOR ADMINISTRATIVE UNiT
550.00
$ 11,600.00
$ 4~,650.00
14,320.00
$.49,292.00
$ 550.00
,600-00
ZUU.00
550.00
6~030.00
150.00
1,500.00
3,000.00
$24 ~ 320 . 00
$.80~570.00
Dote 8/26/82 p,
:-- -- epar" d & Submit'ed b --~---'~~~~~itle Chairman
'Wh ..... pJoyee 1. compensated from more than/- one odministrativ[unit, show/~a, .aJary and opport, .....
FORM EE WlLLtAMS~ LAW BOOK CO.. R~HESTER, N. Y. 14609
Z.B.A.
Southold Town Board c'--Appeals -6-
ESTIMATE OF REVENUES
Zoning Board of Appeals
(Administrative Unit)
Code Itemt
ugust 26, 1982
250 Applications at
recommended $25.00
filing fee ...............
Miscellaneous (taxes, etc.)
u.it Coda BS010
ACTUAL - BUDGET For £$TIMATE Fo,
Last Year This Yea, Next Year
19 19 ' '1983
6 , 250 . 00
23,000.00
TOTAL FOR ADMINISTRATIVE UNIT
Remarks:
$. $ S29,250+
Show all revenue ,eceived directly by the administrative unit. Explain any sales of equipment. Explain any unusual items
such os gifts, etc.
FORM ER
Southold Town Deard of Appeals
ENVIRONMENTAL DECLARATION:
-7-
Augus~ 26, I982 · ~
Appeal No. 3028. ApPlication
of ANN O'SULLIVAN. Variance for approval to·build ~ccesSory
storage shed. Public Hearing scheduled.for September 9, 1982.
On motion by Mr. Douglass, seconded, by Mr. Sawicki,'
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of ·AnD O'Sullivan:
E~VIRO~MENTAL DECLAP~ATION:
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 Southo!d Town Board of Appeals
has dete_~uined that the subject project as proposed in this
appeal application is hereby classified.as a Tvoe 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. .·
Date of Hearing: September 9, 1982 on variance apPlication.
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: 5692 Main Bayview Road, Southold, NY
Vote of the Board: Ayes: Me~ssrs. Douglass, Goehringer,
Grigonis and Sawicki (absent was Member Doyen)
Southold Town ~oard of Appeals
ENVIRONMENTAL DECLARATION:
-8-
Augus{ 26, 1982 '
Appeal No. 3023. Application
of WILLIAM KEINATH. Variance to construct a dwelling with
insufficient frontyard and rearyard setbacks. Public Hearing
scheduled for September 9, 1982.
On motion by Mr. Douglass, seconded by Mr. Sawicki,'
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of William Keinath:
E~VIRON~[ENTAL DECLA~RAT!ON:
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 Tvoe II Action,
not having a significant adverse effect upon t~ envirornuent
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. ~
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: Soundview Avenue, Mattituck, NY
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
Grigonis and Sawicki (absent .was Member Doyen)
$outhold Town Board' of Appeals _9_ August 26, 1982
ENVIRONMENTAL DECLARATION: Appeal No. 3025. Applicatioh
of CHARLES P. ZIEGLER. Variance for access. Public Hearing.
for September 9, 1982.
On motion by Mr. Douglass, seconded.by Mr. Sawidk~,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Charles P~ Zie~ler:
E~VIRON~ENTAL 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 ~ 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 pro.ject be implemented as
planned.
This declaration should not be considered a deter~ination
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: "Home Pike Road", Ma~tituck, NY
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
Grigonis and Sawicki (absent was Member Doyen)
* *
-.. ~.~....:~ .-~ ~ ~i.~ · .'.:~ .. ...' .. · .......... · . '.~ . · .... . .~ . .. .' . .
Southold Town board of Appeals -10- August 26, 1982'
ENVIRONMENTAL DECLARATION: Appeal No. 3.026.
of JAMES MANOS. Variance for approval of acces~.
Hearing scheduled for September 9, 1982.
Applicatio~
Public
On motion by Mr. Douglass, seconded.bY Mr. Sawicki,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Jame~ Manor: · -.
E~VIRO-~.~5[ENTAL 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 Southo!d Town Code,
notice is hereby given that the Southo!d Town Board'of Appeals
has dete~r~ined that the subject project as proposed in this
appeal application is hereby classified as a TvDe II.Action,
not having a significant adverse effect upon t~ 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.
This declaration should not be considered a deter~ination
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: Mill Road, Mattituck~ NY
Vote of the Board: Ayes: M~ssrs. Douglass, Goehringer,
Grigonis, Sawicki (absent was member Doyen)
Southold Town Doard'of Appeals -tl- Aug~s~ 26, 1982~ '
ENVIRONMENTAL DECLARATION: Appeal No. 3024. Applica~io~
of PASQUALE ROMANELLI. Variqnce for approval of. access in
frontyard area. Public Hearing scheduled' for September 9~ 1982.%
On motion ~y Mr. Douglass, seconded.by Mr. Sawicki,
it was .
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Pasqual.e. Romanelli:
E~VIRONMENTAL 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 Southo!d Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a ?y~e 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 advarse effects
were likely to occur should this project be implemented as
planned.
This declaration should not be considered a dete~ination
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: Haywaters Road, Nassau Point, NY
Vote of the Board: Ayes: Messrs. Douglass, Goehringer,
Grigonis and Sawicki (absent ~as Member Doyen)
Southold Town Board of Appeals
-12-
August 26, 1982
Special Meeting
Being there was no further business properly coming before
the board at this time, the Chairman declared the meeting
adjourned.
Respectfully submitted,
Linda F. Kowalski, Secretary
Southold Town Board of Appeals
P~ECEIVED AND FILED BY
T~~' SOUTIIOLD TOWN CT.~.RK
','
Cle~:k, Town of S.~old