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HomeMy WebLinkAboutZBA-02/19/1983-SPECAPPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS. JR, SERGE DOYEN. JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCK~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2:5 SOUTHOLD, L.I., N.Y. 1197i TELEPHONE (516' 765-1809 MINUTES SPECIAL MEETING FEBRUARY 19, 1983 A Special Meeting of the Southold Town Board of Appeals was held on Saturday, February .1.9, .1.983 at 10:30 o'clock a.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grig- onis, Jr.; Serge Doyen, Jr.; Robert J. Douglass and Joseph H. Sawicki. Also present were: Mr. Victor Lessard, Administrator (Building Department), and Mr. David Kapell as agent for Sal Caiola. The Chairman called the meeting to order at 10:30 a.m. The following resolution was adopted by the Board of Appeals upon motion by Robert J. Douglass, seconded by Charles Grigonis, and unanimously carried: WHEREAS, this board has learned with deep sorrow the death of ROBERT W. GILLISPIE, JR.; and WHEREAS, the Southold Town Zoning Board of Appeals wishes to give formal expression of its loss in the death of ROBERT W. GILLISPIE, JR., who devoted his time Iimitlessly and his fine services most conscientiously and professionally as Chairman and Member of the Southold Town Board of Appeals from April 19, 1957 through June 30, 1979, and as Member of the Southold Town Plan- ning Commission from May 1, 1955 through April 19, 1957; NOW, THEREFORE, BE IT RESOLVED, that when this board adjourns this day, it does so out of respect and appreciation to the memory of ROBERT W. GILLISPIE, JR.; and BE IT FURTHER - RESOLVED, that a copy of this resolution be entered permanently Southold Town Board of Appeals ~2- February~19, 1983 Special Meeting into the town records and that a copy be transmitted to the family of ROBERT W. GILLISPIE, .JR. expressing our sincere sympathy. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution.was unanimously adopted. PENDING DECISION: Appeal No. 3072. POPPI & IRENE PAPADAKIS. The public hearing on this matter was held on February 4, 1983. It was the consensus of the board to inspect the interior of the residence and proposed skin care clinic this date, after the close of this meeting. RESERVED DECISION: Appeal No. 3066. Upon application of FRANK TARULLI, 1540 North Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 1G0-30 for permission to construct accessory stable and to stable one horse for per- sonal use in this A-Residsntial District at 1540 North Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1G00-79-06-002.1. The public hearing concerning this matter was held on February 4, 1983, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, applicant seeks permission to keep a horse with a total lot area of 64,686.60 square fee~, .inclusive of the 40,000 square feet applied for residential use. It is the intention of the applicant to construct a horse stable accessory to the existing residence on the premises which will be located more than 40 feet from any lot line as required by Article III, Section 100-30(C) [5]. The subject premises is improved with a one-family residence which is set back from North Bay- view Road 69 feet. In considering this appeal, the board determines that the variance request is not substantial in relation to the requirements of the zoning code; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficuIty 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 difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance as indicated below. On motion by Mr. Doyen, secondsd by Mr. Grigonis~, it was RESOLVED, that Appeal No. 3066, application of FRANK TARULLI for permission to stable one horse and to construct corral to stable one horse accessory to the residence use, BE AND HEREBY IS APPROVED AS Southold Town Board of Appeals -3- February 19, 1983 Special Meeting (Appeal No. 3066 - FRANK TARULLI, continued:) APPLIED FOR. Location of Property: 1540 North Bayview Road, Sou~hold, NY; 1000-79-06-002.1. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Sawicki. Member Douglass abstained from vote. RESERVED DECISION: Appeal No. 2930 - SAL CAIOLA. Upon application for SAL CAIOLA, by David E. Kapell as agent, 400 Front Street, Greenport, New York for a Special Exception to the Zoning Ordinance, Article V, Sections 100~50(B) [3] and 100~51, Bulk Schedule for permission to construct condominium units (multiple dwelling units) to be located at the South Side of C.R. 48, Southold, NY; County Tax Map Parcel ID No. 1000-51-05-002. Zoning District: M-1. The public hearings concerning this application were held both on January 13, 1983 and February 4, 1983. The board made the following findings and determination: This is an application for a Special Exception pursuant to Article V, Section 100~50(B) [3] of the Southold Town Zoning Code to construct t0 condominium (multiple-dwelling) units on a 2.4-acre parcel located at the south side of County Road 48, Southold, and more particularly known as District 1000, Section 51, Block 5, Lot 2. Each condominium unit will have a total living area of 1370 square feet. The lot area applied to each dwelling unit will be a minimum of 9,000 square feet. Applicant proposes five dwelling units in each of two separate struc- tures and a maximum height of 35' will be adhered. The ingress and egress and parking areas will be covered with gravel to allow proper drainage within the site and is subject to approval by the N.Y~S. Department of Environmental Conservation. All setbacks of these two structures will meet the minimum requirements of the zoning code as shown on plan dated 5/12/82 and received 12/14/82. It is noted for the record that alterations or new proposed construction other than as shown on the site plan approved herein shall be subject to review and approval by the Building Department, Planning Board, Board of Appeals, and any and all other agencies which may be involved. The premises in question is zoned M-1 "Multiple-Residence" and is not at this time improved with construction. The subject premises fronts along C.R. 48 approximately 241 feet, has an average depth of 542 feet, and fronts along Arshamomaque Pond 193~12 feet (at a tie line). It is also noted for the record that the subject premises is located in an A-4 Flood Zone with a minimum elevation of eight feet above mean sea level and shall be subject to those regulations pertinent thereto (Chapter 46 of the Town Code). Southold Town Board of nppeals -4- February ~ , 1983 Special Meeting (Appeal No. 2930 - SAL CAIOLA, continued:) Upon personal inspection of the premises in question, the board finds the topography of the land to be at varying elevations and the most easterly section of the premises is an area of environmental con- cern. This board finds it imperative to restrict this area along the easterly boundary of the "curbing and private road" from any construc- tion, and that the following conditions be complied with. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 2930, application for SAL CAIOLA for a Special Exception to construct ten Condominium units in two separate buildings, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDI- TIONS: 1. Placement of a retaining wall 1½' in virgin soil and 1~' out of ground in lieu of proposed curb shown on plan dated 12/5/82, which retaining wall shall run along the easterly side of the parking area and up through the proposed cul-de-sac. 2. That the retaining wall be constructed of 2 "tongue and groove C.C.A. planking with a double 4' by 6' header, or equivalent. 3. This retaining wall shall be maintained at all times; Ail water shall be retained on site (no runoff). Location of Property: South Side of C.R. 48, Southold, NY; County Tax Map Parcel ID No. 1000-51-5-2. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. PENDING SEQRA DETERMINATION: Appeal No. 2956. PARKSIDE HEIGHTS. On February 3, 1983, Mr. Kapell filed the Long Environmental Assessment Form pursuant to the board's request on January 29th. The board at this time has not received a reply from the Conservation Advisory Council and therefore is not in a position to make a deter- mination u~til such reply is received Being there was no other business properly comi~ before the board at this time, the Chairman declared the meeting adjcur~ned-. The meeting adjourned at 11:35 a.m.