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Home My WebLink AboutZBA-03/12/1983-SPECAPPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 MINUTES SPECIAL MEETING MARCH 12, 1983 A Special Meeting of the Sou~hold Town Board of Appeals was held on Saturday, March 12, 1983 at 10:05 o'clock a.m. at the Sou~hold Town Hall, Main Road, S0uthold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grig- onis, Jr.; Robert J. Douglass and Joseph H. Sawicki. Absent was: Serge Doyen,(Fishers Island) who was out-of-state. Also present was Mr. Victor Lessard, Administrator (Building Department). The Chairman called the meeting to order at 10~05 a.m. RESERVED DECISION: Appeal No. 3072. Upon application of IRENE a~d POPPI PAPADAKIS~ Main Road, Box 28, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to use part of residence for a skin care clinic at 26165 Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-18-03-023. The public hearing on this application was held on Febru- ary 4, 1983, at which time the hearing was declared closed after receiving testimony, pending deliberations. The follow- ing findings and determination were rendered: By this appeal, appellants seek permission to use premises as a skin care clinic in addition to use as a one-family residence. It is .understood that three rooms of the dwelling are to be used for the clinic, one 14' by 14', another 14' by 14', and a small bathroom; and six rooms remaining on the first floor will be for residential use. The premises in question contains an acreage of .920, or 40,000 square feet and has a frontage along Main Road of 126.27 feet. Existing on the premises is a large two-story frame house with one- family use status. The dwelling is set back from the Main Road Southold Town Board of Appeals -2- March 12, 1983 Special Meeting (Appeal No. 3072 - P~adakis, continued:) approximately 49 feet and is set back from the Main Road approximately 11 feet and the westerly property line approximately 50 feet. The premises is zoned A-Residential and Agricultural, as well as the neighborhood within at least 3,000 feet in either direction. Submitted for the record are 40 signatures favoring the proposed project, and a petition with 205 siqnat.ures from Orient residents opposing the project. Since appellants request a change of use to a use not permitted by the Code, the variance is a use variance, which may only be granted by this Board upon proof that (1) the land in question cannot yield a reasonable return if used only for a purpose alloWed in that zone; (2) that the plight of the owner is due to unique circumstances and not the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. Appellants have failed to demonstrate unnecessary hardship and accordingly, om motion by Mr. Douglass, seconded by Mr. Sawicki, unanimously, the variance is denied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) REQUEST FOR REHEARING OF APPEAL NO. 3077 - JANET A. DAVIS. WHEREAS, on February 25,~ 1983, this board re'ndered a conditional approval of Appeal No. 3077, application for JANET A. DAVIS upon her request to permit antique shop within residential building located at the north side of Main Road, Southold; and WHEREAS, on March 2, 1983, a request was filed with the office of the Town Clerk for~a rehearing of Appeal No. 3077 (see Appeal No. 3093) stating her reasons therefor. It~'?is. ~he consensus of each and all board members that its decision as rendered February 25, 1983 and filed with the Town Clerk March lQ, 1983 shall not be reheard, amended, modified or changed. The board members authorized the Chairman to notify Michael J. Hall, Esq., attorney for Mrs. Davis of the board's decision. ADDITIONAL SET-UPS FOR MARCH 23, 1983 REGULAR MEETING: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was Southold Town Board ot Appeals -3- March 12, 19~3 Special Meeting (Additional Set-Ups, continued:) 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, March 23, 1983 and that the same shall be advertised in the local and official newspapers, pursuant to law: Appeal No. Applicant 3091 JOHN AND LINDA KOWALSKI. Adjustment of lot line between Lots 3 and 4 of Minor Subdivision of Christine King, !eavinglinsufficient road front- age for Lot No. 3 and leaving an insufficient sideyard setback from the existing dwelling on Lot No. 4. Ole Jule Lane, Mattituck, NY. 3092 ERNEST H. PRUSSNER. To construct extension reducing the rearyard setback and exceeding the maximum allowable lot coverage at 910 Old Ship- yard Lane, Southold. 3094 NORTH FORK BAPTIST CHURCH. For approval of lot having insufficient area and frontage along Westphalia Road, Mattituck, NY. 3095 GEORGE AND SYBIL PENNY. To construct swzmmzng- pool and fence in the front and side yard areas at 9395 Soundview Avenue, Southold, NY. 3096 FRANK AND BRENDA CICHANOWICZ. To construct accessory swimmingpool, detached garage, and fence exceeding the maximum~permitted four feet within the frontyard area at 255 Lupin Drive, Cutchogue, NY. Vote of the Board: Ayes: Messrs. Goehringer, Grigonls, Douglass and Sawicki. (Member Doyen was absent.) This resolution was unanimously adopted. ACCESS ROADS UPDATE: On March 2, 1983 the Planning Board forwarded a copy of John W. Davis' draft report for Access Roads within Minor Subdivisions. It was the consensus of the board that Mr. Davis' report did not include those access roads outside subdivisions which also required 280za approval from the Zoning Board of Appeals. The secretary was instructed to send a letter to Mr. Davis (and the Planning Board) requesting recommendations concerning those rights-of-way. Southold Town Board o=./Appeals -4- March 12, la~ Special Meeting INQUIRY RE: OTTO ZAPF, APPEALS NO. 3062 and 3043. Mr. David Horton requested as to whether or not a building permit could be issued for the construction of Mr. Zapf's home prior to improving, the right-of-way as required by this board's decmsion. It was the consensus of the board that the base existing on the rmghts-of-way in question is mn very good con- dition, and improvements to the existing bases should, not be affected by trucks and other vehicles. Mr. Horton's request was denied. ENVIRONMENTAL DECLARATIONS ON ADDITIONAL SET-UPS: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declarations pursuant to ~he Environmental Quality Review Act of the State of New York: APPEAL NO.: 3091 PROJECT NAME: JOHN AND LINDA KOWALS~I This no%ice is issued pursuant to Part 617 (and Local Law ~4~-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the E~vironmennal Ccnservation Law. This board determines the within project not to have a significant adverse effect on the enviroD~ent. Also, ~ " --~ pzease uake notice that this declaration should not be considered a determmnation 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: Adjustment of lot line, leaving insufficient road frontage for Lot #3 and insufficient sideyard setback from dwelling .on Lot ~4. '~.~ LOCATION OF PROJECT: Town of Southo!d, County of Suffolk, more particularly known as: West side of Ole Jule Lane Matti%uc~, NY. REASON(S) SUPPORTING THIS DETER~%INATION: (1) An Environmental Assessment in th~ Short Form-has been sub- ~t~ed which indicates that no sf~nifican~ adverse e~fects to the- env-lronmen~ are likely to occur s~ould this Drojgct De impieme~ted as- planned. 'Southold Town Board o.. Appeals -5- March 12, 383 Special Meeting (Environmental Declarations, continued:) APPEAL NO.: 3092 PROJECT NAME: ERNEST H. PRUSSNER by Abigal A. Wickham, Esq. 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: To construct extension reducing the rear yard setback and exceeding the maximum allowable lot ~9~age at 910 Ole ~Shipyard Lane, Southold. - ~ LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 910 Old Shipyard Lane, Southold, NY. REASON_[S.)~UPPORTING THIS DETER~!iNATION: (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.: 3094 PROJECT NAME: NORTH FORK BAPTIST CHURCH This notice is issued pursuant to Part 617 (and Local Law 944-4) 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 proDect 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: Approval of lot having ±nsuffic~ent .area and frontage along Westphalia Road, Mattituck, NY. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particu~ariy known as: Westphalia Road, Mattituck, NY. REASON(S) SUPPORTING THIS DETERMINATION: (I) 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 o. i~ppeals -6- March 12, iS (Environmental Declarations, continued:) APPEAL NO.: 3095 PROJECT NAME: GEORGE AND SYBIL PENNY Special Meeting 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, pleas--~-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 i! [ ] Unlisted [ ] DESCRIPTION OF ACTION: To construct swimmingpool and fence in the front and side yard areas at 9305 Soundview Avenue, Southold, NY. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 9305 Soundview Avenue, Southold, NY. REASON(S)~UPPORTING THIS DETEP~INATION: (!) 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.: PROJECT NAME: 3096 FRANK AND BRENDA CtCHANOWICZ 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: To construct accessory swimmingpool,' detached garage, and fence exceeding the maximum-permitt~_ 4' within frontyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 255 Lupin Drive, 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. Southold Town Board of Appeals -7- March 12, 1983 Special Meeting (Environmental Declarations, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was unanimously adopted. Being there was no further buSiness properly coming before the board at this %ime, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 11:35 a.m. RE~VED AND FILED BY ~= sou~onD To~ cm~ D~TEq~/~3 Town Clerk, ~o~ ~ld Respectfully submitted, Linda F. Kowalski, Secret -y Southold Town Board of Appeals