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HomeMy WebLinkAboutZBA-05/19/1983-SPECSouthold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD. 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, SAWlCKI MINUTES SPECIAL MEETING MAY 19, 1983 A Special Meeting of the Southold Town Board of Appeals was held on Thursday, May 19, 1983 at 7:00 o'clock p.m. at the Southold Town Hall, Main Road, Soutbold, New York. Present were: Gerard P. Goehringer, Chairman; Robert J. Douglass and Joseph H. Sawicki. ~ibsent were: Charles Grigonis, Jr. (illness) and Serge Doyen (Fishers Island). Also present was Victor Lessard, Administrator (Building Department). The Chairman opened the meeting at 7:00 p.m. CONSIDERATION FOR RE-HEARING REQUEST: Appeal No. 3055. PATRICIA A. BAILEY. The board discussed Mrs. Bailey's request for a rehearing or modification of the board's decision on Appeal No. 3055 rendered December 22, 1982, and it was the consensus of the board not to rehear, modify, alter or change the December 22, 1982 decision. The Secretary was instructed to send a letter to Mrs. Bailey advising her of the above. CONSIDERATION FOR RE-HEARING REQUEST: Appeals~No. 3130 and 2886. NICHOLAS D. YUELYS. The board reviewed and discussed Mr. Yuelys' application for a rehearing filed with the Town Clerk on May 9, 1983 as Appeal No. 3130, and it was the consensus of the board that the request for a rehearing be denied, and that the board's decision rendered February 26, 1982 in Appeal No. 2886 not be ch~nqed, modified or altered in any way. The Secretary was instructed to send a letter to Mr. Yuelys advising him of the above. Southold Town Board of Appeals -2- May 19, 1983 Special Meeting RESERVED DECISION: Appeal No. 3085 - ANN O'SULLIVAN. Upon application for a rehearing in the matter of ANN O'SULLIVAN by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280-A. Loca- tion of Parcel in Question: 5692 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-41.2. The public hearing concerning this matter was held on March 23, 1983, at which time the hearing was declared closed pending receipt of the road report from Road Inspector John W. Davis and pending deliberationS. The board made the following findings and determination: This is a rehearing in the matter of Appeal No. 3028 for Ann O'Sullivan pursuant to a request filed February 7, 1983. This board unanimously agreed to rehear this application for the reasons stated in the subject rehearing application, and a public hearing was held on March 23, 1983. Appeal No. 3028 was a conditional approval of access granted to Ann O'Sullivan September 9, 1982. The right-of-way in question has a width of 15 feet, a depth (length) of 362.65 feet to the subject parcel. The traveled road is 8 to 9 feet in width, and sections of this road are lower than the rest of the road width. Test holes in the wheel tread areas have shown from 4" to 6" of hard-packed sandy loam on sand. It is the opinion of this board that the subject right-of-way be improved according to the recommendations of the town road engineer, John W. Davis, as indicated below. Also, it is noted for the record that the road known as "Corey Creek Lane" which runs along the southwesterly portion of this property is a private road, and upon researching town records this parcel in question does not appear to have legal access over the same. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty canno~ 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. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3085, application for ANN O'SULLIVAN for approval of access pursuant to New York Town Law, Section 280-A, be and hereby IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Remove loam to a width of 10 feet down to wheel tread eleva- tion the entire 362.65 feet to the subject parcel; Southold Town Board of ~ppeals -3- May 19, 1983 Special Meeting (Appeal No. 3085 - Ann O'Sullivan, continued:) 2. Place four inch (4") course of bankrun with gravel content (or 2" stone blend) on the 10-foot width, leveling same~ 3. The above improvements be approved by the Board of Appeals, or town-authorized engineer-inspector after receiving notice of completion of these improvements. Location of Property: 5692 Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-78-4-41.2. Vote of the Board: Ayes: Messrs. Douglass, Goehringer and Sawicki. (Members Doyen and Grigonis were absent.) This resolu- tion was unanimously adopted. RESERVED DECISION: Appeal No. 3098 - LULA MAE LATHAM. Upon application for LULA MAE LATHAM, by Twomey, Latham and Shea, Esqs., 33 West Second Street, Riverhead, NY for a Variance to Section 280-A, New York Town Law, for approval of access over a private right- of-way located off the south side of Main (S.R. 25), Orient, NY; Parcel in Question: 1000'~019-01-010. The ~l~--hea~ng ~-C~ ~is ma~er was n'~ld ~n April 20, 1983, at which time the hearing was declared closed pending receipt of a road report and recommendations from the town road inspector, and pending deliberations. The board made the following findings and determination: By this application, appellant seeks approval of access over a private right-of-way commencing at a point about 3,000 feet easterly of Narrow River Road and located off the south side of Route 25, hav- ing a legal width of 16', a traveled width of approximately 8-10 feet, and extending southerly from Route 25 to the subdivision in question 1283 feet (over premises now of R. Webber). The right-of-way within the proposed subdivision area is not within the purview of this board. Upon inspection of the subject right-of-way and pursuant to the road report of the road inspector, John W. Davis, dated May 10, 1983, some of the surface areas show patches of gravel and a mixture of small gravel and loam; and some sections are a little higher than the adjacent farmlands. The 1283-foot length appears to be hard- packed loam. Mr. Davis reports that the gravel patches would indicate that the road is. not in stable condition when saturated from wet weather and springtime thaw. The board agrees with the recommendations of the road inspector, which are incorporated below. In considering this appeal, the board determines that the variance request ~s not substantial ~n relation to the requirements of zoning; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be ~outhold Town Board of Appeals -4- May 19, 1983 Special Meeting (Appeal No. 3087 - LULA MAE LATHAM, continued:) created; that the difficulty cannot be obviated by a method feasible for appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficuity arose and in considera- tion of all the above factors, the interests of justice will be served by allowing the variance as indicated below. It is noted for the record that on May 16, 1983 the Southold Town Planning Board conditionally approved the subdivision as a set-off (Ch. 106-13) subject to receiving: (1) receiving approval from the Zoning Board of Appeals and (2) approval of the right- of-way within the metes and bounds of the subdivision property from the Southold Town Planning Board. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3087, application for LULA MAE LATHAM for approval of access, BE AND HEREBY IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Road width shall be improved 12 feet wide; 2. Road material removed and an additional 4" of topsoil for areas covered by holes 2 and 3 per Mr. Davis' report (attached hereto) and add backfill to outer surface with clean fill; 3. Remove 6" of topsoil for area covered by hole 5 and backfill with clean fill; 4. Place a crowned compacted 6" course of bankrun containing 20% or more of gravel and 10% of loam on the total length of 1283 feet; 5. Any further lot set-offs, subdivisions, or new dwellings shall be subject to further improvements as required by the Zoning Board of Appeals and the Planning Board. Location of Property: Private right-of-way located off the south side of Main (S.R. 25), Orient, NY; County Tax Map Parcel ID No. 1000-019-01-010. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. (Members Doyen and Grigonis were absent.) This resolu- tion was unanimously adopted. 'Southold Town Board of Appeals ,5- May 19, 1983 Special Meeting RESERVED DECISION: App al No. 3086 - PORT OF EGYPT ENTERPRISES. Upon application for .pORT OF EGYPT ENTERPRISES, INC., 62500 Main Road, Southold, NY ~(by George A. Cottral) for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for permission to construct addition with an insufficien~ frontyard setback and t~ use proposed addition for retail sales inl~his "C-Light Industrial Zone. Loca- tion of Property: 62500 Mai~ Road, Southold, NY; County Tax Map Parcel ID No. 1000-056-06-006. The public hearing concerning this application was held on March 23, 1983, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: This is an appeal for a use variance on premises located on the south side of Route 25 in th.~ Hamlet of Arshamomaque located in the C Light Industrial District. The premises is shown on the Suffolk County Tax Map as District 1000, Section 056, Block 06, Lot 006, and comprises approximately 4.2 acres, a portion of which consists of a dredged boat basin. It is proposed to add a 40' by 30' addition to an existing structure on the premises, w~ich existing structure and the proposed addition thereto, is set back 20 feet from New York Route 25 and/or Old Main Road. A portion of the structure is presently used and occupied as a gift shop. The appellant proposes to us~ a portion of such structure and the proposed addition for a retail fish market. The ~ift shop has a sales area of 276 square feet together with a storage area of 556 square feet. The proposed fish market will have a sales-area of 400 square feet and a storage area of 800 square feet. Retail sales uses are not permitted uses in the "C" Industrial Zone. The entire premises ~resently has the following uses thereon: A dredged boat basin, a marina; a large metal building used and occuPied for boat storage purposes as well as boat and marine sales; a large restaurant; a fishin? equipment sales facility and the above- mentioned gift shop. It mus~ be stated that no variance has been granted for the gift shop use. It also should be noted that the proposed extension of the structure to house the fish market will eliminate several parking spaces. Since this is a use variance, before this board may grant the same, it must be demonstrate¢ cannot yield a reasonable ret the zone in which it is loca~ is due to unique circumstanc~ of the neighborhood which ma~ zoning ordinance itself; and be used for the variance wil the neighborhood. In order to prove the lack of reasonak lack of reasonable return by dollars and cents proof. . that: (1) the land in question .urn if used only for the purpose of ~ed; (2) that the plight of the owner s and not to the general conditions reflect the unreasonableness of the (3) that the use to be authorized to not alter the essential character of or the appellant to sustain his burden le return, he'must demonstrate this No such proof -Southold Town Board o~Appeals -6- May 19, ~83 Special Meeting (Appeal No. 3086 PORT OF EGYPT ENTERPRISES, continued:) has been presented in this case, and accordingly, the board must dsny the use variance applied for. Now, therefore, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3086, application for PORT OF EGYPT ENTERPRISES, INC. for permission to conduct ~etail sales in this "C-Light .Industrial" Zone, BE AND HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. (Members Doyen and Grigonis were absent.) This resolu- tion was unanimously adopted. RECENTLY-FILED APPLICATIONS: Appeals No. 3111 and 3112 - CUTCHOGUE FREE LIBRARY - Building for library use as exists presently. WHEREAS, on April 6, 1983, Cutchogue Free Library filed four applications, Appeals No. 3111 and 3112, and Appeals No. 3109 and 3110, concerning premises located at the north side of Main (S.R. 25) Road, "the Old Courhouse", Cutchogue, NY; WHEREAS, it is the understanding of this board that Cutchogue Free Library has filed two pr6posals with the Planning Board for consideration, or site plan approval, and pursuaht to a letter dated May 4, 1983 from the Planning Board to the Library, additional information was req6e~ted, particularly concerning a lease agreement for parking and egress and ingress; and WHEREAS, several letters were addressed to the Planning and Zoning Appeals Boards concerning the lease agreement, and by letter received May 17, 1983 from Richard F. Lark, Esq., owner of the premises to be leased to the Library for parking, it is indicated that Mr. Lark has not objection to the Library's request for use of their building as a Library or concerning parking for library purposes; NOW, THEREFORE, IT IS RESOLVED, that Appeals No. 3111 and 3112, applications of CUTCHOGUE FREE LIBRARY be and hereby ARE SCHEDULED for public hearings to be held at the JUNE 23, 1983 REGULAR MEETING of this board, and that notice of same shall be advertised pursuant to law in %he local and official newspapers of the town. Vote of the Board: Ayes: Messrs. Goehringer, DouglaSs and Sawicki. (Members Doyen and Griqonis were absent.) This resolu- tion was unanimously adopted. 'Southold Town Board of~'Appeals -7- May 19, l~d3 Special Meeting CHANGE OF DATE: Appeal No. 3099. DOROTHY REISE/RIAL REALTY CORP. WHEREAS, pursuant to a ~e~uest received May 12, 1983 from Rudolph H. Bruer, attorney for Rial Reaty Corp. in Appeal No. 3099, and pursuant to a verbal agreement by Anthony B. Tohill, Esq., attorney for the objectants in this matter, that this matter be recessed until Thursday, June 23, 1983, rather than May 27th; NOW, THEREFORE, BE IT RESOLVED, that the pri~r resolution of this board scheduling this matter for May 27, 1983 is hereby rescinded, and that the recessed date hereby is THURSDAY, JUNE 23, 1983. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. (Members Doyen and Griqonis were absent.) This resolu- tion was unanimously adopted. PENDING DECISIONS: Appeals No. 3100 and 3101. ROGER L. MUNZ and VICTOR CATALANO. The public hearings on these applica- tions were held on April 20, 1983. The board was updated as to action taken by' the Planning Board at their May 16, 1983 meeting, conditionally approving the site plan for retail sales of boats subject to the following: 1. Certification from the Building Department; 2. Receipt of sign agreement showing sideyard easement; 3. Approval from the Zoning Board of Appeals for variance and special exception. The board agreed that a copy of the agreement concerning the egress/ingress easement along theCeasterly side yard area was necessary in the determination of these applications. The Chairman said he would be able to obtain a copy of the agreement. PENDING DECISION: Appeal No. 3094 - NORTH FORK BAPTIST CHURCH. The public hearings on this application were held March 23, 1983 and April 20, 1983, at which time the hearing was declared closed pending deliberations. The board members agreed to take action on this matter at the next Regular Meeting, May 27, 1983, when more than three members would be present. ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goebringer, seconded by Mr. Sawicki, Southold Town Board o 'Appeals -8- May 19, 17 % Special Meeting IT WAS RESOLVED,~O declare the following Negative Declaration pursuant to S.E.Q.R.A.: A_~PEAL NO.: 3111 PROJECT N~4E: CUTCHOGUE FREE LIBRARY 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: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Special Exception to occupy building with "library" use within present structure. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North Side of Main Road, Cutchogue, NY. REASON (~)__~UPPORTING 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.: 3112 PROJECT NAME: CUTCHOGUE FREE LIBRARY 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: Variance from off-streSt parking requirements per lease of adjacent property owner and ~h~.lib~ary. LOCATION OF PROJECT: Town of Southo!d, County of Suffolk, more particu~ar!y known as: North Side of Main Road, Cutchogue, NY; 1000-102-5-22. 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 -9- May 19, 19'83 Special Meeting (Environmental Declarations, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Douglass a~d Sawicki. (Members Doyen and Grigonis were absent.) This resolu- tion was unanimously adopted. Being there was no further business properly coming before the board at this time, the Chair~a~ declared the meeting adjourned. The meeting adjourned at approximately 8:35 p.m. Respectfully submitted, ~.~fKo~w a 1~. ~ SOuthold Town Board of Appeals "~-Ci'mirman Board of Ap~als RECEIVED AND FILED BY T!~ SOU~.H©LD TOWN CLF. RK