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HomeMy WebLinkAboutZBA-12/28/1983APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONI$. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 MINUTES REGULAR MEETING DECEMBER 28, 1983 A Regular. Meeting of the Southold Town Board of Appeals was held on Wednesday, DeCember 28, 1983 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grig- onis, Jr.; Robert J. Douglass and Joseph H. Sawicki. Absent was: Serge Doyen of Fishers Island due to weather conditions. Also present were Victor Lessard, Administrator (Building Department) and approximately 15 persons in the audience. The Chairman called the meeting to order at 7:30 o'clock p.m. and proceeded with the first public hearing. PUBLIC HEARING: Appeal No. 3195. Application for FRANK SIMON and GEORGE SANBORN, 160 West 87th Street, New York, NY (by Irving L. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage building in the frontyard area of this parcel known as 3955 Stars Road, East Marion, NY; County Tax Map Parcel No. 1000-022-02- 039.1. The Chairman opened the hearing at 7:34 o'clock p.m. and read the legal notice of hearing in its entire~y and appeal application. MR. CHAIRMAN: We have a copy of a survey dated May 3, 1983 in- dicating the placement of the proposed garage, which is approximately 18' by 32' approximately 10 feet off of what I assume to be the south property line and approximately 20 feet off of the east prop- erty line. And I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties. Is there somebody that would like to be heard in-behalf of this application at this time? Is there anyone wishing to speak against the application? (None) I received a call today from Mr. Price indicating that he would not be S~>uthold Town Board o~j Appeals -2- December 2~i 1983 Regular Meeting (Appeal No. 3195 - FRANK SIMON and GEORGE SANBORN, cOntinued:) MR. CHAIRMAN continued: able to appear today, nor would the applicants, and he asked us for a recess until the February 1984 Meeting. I would like it placed in the minutes, with the board's indulgence, we will grant this recess, however, if the. agenda is an extremely heavy one, he will be allocated five minutes for the hearing and no more, based upo~ his request. Again if the agenda is heavy, we will not go into extensive testimony. How does the board feel about that? MEMBER DOUGLASS, MEMBER SAWICKI, MEMBER GRIGONIS: Fine. MR. CHAIRMAN: Anybody wishing to comment from the audience? (None) Not hearing any further comments, I'll make a motion recessing this hearing until the p~oposed date of February 29, 1984, the date propOsed for the next Rsgular Meeting 9f this board. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal NO'o 3195, application for FRANK SIMON and GEORGE SANBORN, be recessed until the next RegUlar Meeting of this board, proposed for February 29, 1983 commencing approximately 7:30 o'clock p.m. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3194. Application of MITCHELL M. WILCENSKI, Main Road, Laurel, NY for a Variance to the Zoning Ordi- nance, Article III, Section'100-32(A) for permission to construct accessory wind generator in excess of 18 feet in height at premises known as 2800 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-125-3,6.1 (and 7~1). The Chairman opened the hearing at 7:38 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey indicating the proposed placement of this wind generator, which I will discuss with Mr. Wil- censki in a minute, an~ a copy of the Suffolk County Tax Map indicat- ing this property and the surrounding properties in the area. Would either one of you gentlemen like to be heard in behalf of this application? (Messrs. Wilcenski and Richard'Jarzombek were present.) Written in red, this is shown to be approximately 65 feet from both sides? MR. WILCENSKI: Yes. So~thold Town Board of-Appeals -3- December 2~i 1983 Regular Meeting (Appeal No. 3184 MITCHELL M. WILCENSKI, continued:) MR. CHAIRMAN: Ok. It looks like it's an extensive distance from the house. Do you want to give me an estimate? MR. WILCENSKI: About 100 feet from the house. That's where my fence is and that's where I would like to put it, in behind the fence because the rest of the area is all lawn. MEMBER SAWICKI: How high is it going to be? RICHARD JARZOMBEK: Between 50 and 60 feet. MR. CHAIRMAN: That's total? MR. JARZOMBEK: Sixty feet of tower. MEMBER SAWICKI: No higher than 60? MR. CHAIRMAN: And then what is the rooster tail on it and everything else encompass? MR. JARZOMBEK: The radius of the blade is 8 feet. A total height of around 68 feet. MR. CHAIRMAN: 0k. Would anybody else like to be heard in behalf of this application? Anybody like to speak against the application? Any questions from board members? (None) MEMBER SAWICKI: When do you plan to start, this Spring? MR. WILCENSKI: There's no way we can start with the ground frozen. MR. CHAIRMAN: There's no way you can start it this year? MR. WILCENSKI: Only if the ground thaws, but I don't think we can put the foundation of the .tower. MR. CHAIRMAN: That's a ~shame. MR. WILCENSKI: If it wasn't for the freeze the last few days, we could have gotten it done. MEMBER DOUGLASS: The thaw is going out, it's only about 1½" deep. But it is suppqsed to come back on Friday. MR. WILCENSKI: If we can get a backhoe in there, we could get it dug out. No problem about that. M~. CHAIRMAN: Hearing no further questions, I'll makea motion closing the hearing and reserving decision until later. MEMBER DOUGLASS: Second. S6uthold Town Board Omi Appeals -4- December 2b, 1983 Regular Meeting (Appeal No. 3184 - MITCHELL M. WILCENSKI, continued:) On motion by Mr. Goehringer, seconded by Mr. Douglass,~.it was RESOLVED, to close the hearing and reserve decision until later in the matter of the application of MITCHELL M. WILCENSKI in Appeal No. 3184. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3187. Application of BERTHA OKULA, 32345 Main Road, Orient,. NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insuffi- cient area and width of two proposed parcels located at the north side of Main Road and the west side of Bight Road, Orient, NY; County Tax Map Parcel No. 10D0z014'02'017. The Chairman opened the hearing at 7:50 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey and' a more recent sur- vey dated September 19, 1983 indicating Lot ~1 having 37,217 sq. ft. and Lot 2 to have 21,018 sq. ft. with an existing one-family dwelling. And I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in this area. Is there anybody that would like to be heard in behalf of this application? Mrs. Okula. MRS. BERTHA OKULA: I don't think I have anything else to say, except to say that my husband and I actually don't have any need for that piece of land at this point. We used to use part of it for a garden, but we do that much--we're getting on and nom doing much gardening, and it's an awfully large tract and has-rmm~ined vacanm. MR. CHAIRMAN: of the application? (None) Is there anyone else wishing to speak in behalf Anyone wishing to speak against the application? MEMBER SAWICKI: I'd like to ask Mrs. Okula--is this strictly for your daughter's use--not to be sold if it were granted?. MRS. OKULA: Oh, no. Not to be sold. MR. CHAIRMAN: The only thing I'd like to read into the record is the action from the Planning Board. which was on November 7, 1983: ... RESOLVED, that the Southold Town Planning Board deny the application of BErtha Okula to subdivide property into two lots as indicated on the map dated September 19, 1983 due to insufficient area, 100-31 .... Would anybody else like to speak either, way? MEMBER DOUGLASS: I'd iike to ask a question. What have we S6~thold Town Board o~- Appeals -5- December 2~,- 1983 Regular Meeti (Appeal No. 3187 - BERTHA OKULA, continued:) F/EMBER DOUGLASS continued: received on the right of access if it is split? MR. CHAIRMAN: Do you have any legal right-of-way'over Bight Road, Mrs. Okula? MRS. OKULA: I do. But Z was told to wait to see if I got an approval because it has to be done through an attorney. So I was asked to wait until I found out whether it would be approved or not first. That's the reason we don't have it right now. MRS. FRANKE: There should be no problem. MEMBER SAWICKI: Mrs~ Okula, you have your own property that you and your husband own that's a little larger than the one you want to subdivide. Would you'be willing to more or less equalize the two lots, to give some of yours to the other lot? MEMBER DOUGLASS: No, it's the other way around. MEMBER SAWZCKI: Just to equalize the two lots? I think you have 37,000 on on lot-- MEMBER DOUGLASS: The back lot, and the fron~ one is smaller. MRS. OKULA: The original sketch that I Presented to Mr. Hinder- mann, he said we couldn't have a whole acre back there because it would go right throu.gh that garage and that. would be against the building code. So we moved it back. IfLthe original sketch isn't there, I've got it. MR. CHAIRMAN: We have it right here. MRS. OKULA: The survey shows that the line is moved back, which makes that land back there 9Jl0ths of an acre rather than an acre. MEMBER DOUGLASS: What Joe was trying to say is to take some of that 9/10ths away and adding it to yours to make yours and that lot a balanced lot. MEMBER SAW.ICKI: Equal in size. MRS. OKULA: As it s~nds, it's an acre and one-half, all total. MEMBER DOUGLASS: Yes. Right. MEMBER SAWICKI: The lot you want to set-off is 37,000 and where you live it's 21,000. What I was getting at is maybe to equalize the two lots just for your fubure pr0~ection someday. Would you have any objection-- ~6uthold Town Board 6~ Appeals -6- December 2B~, 1983 RegUlar Meeting (Appeal No. 3187 - BERTHA OKULA, continued:) (Mrs. Okula and her son-in~law, James Franke, were discussing the application and same was not audible.) JAM~S FRANKE: If we do that and bring this line back this way, we wanted to face the house on the Bight Road and don't know what that would~do to-the setbacks. Maybe the house would have to be turned, otherwise we would need to get an appeal. In order words, we want the house to face Bight Road, and if we were to make these both three-quarters of an acre, that would cause a violation-- MR. CHAIRMAN: Excuse me, could I have your name for the record? MR. FRANKE: Jim Franke. MRS. OKULA: My son-in-law. MR. LESSARD: He could still wind up with 150 feet on the road. MEMBER SAWICKI: I'm not saying divide it exactly 50-50, but to give the smaller lot more. MR. LESSARD: That wouldn't require insufficient width on that. It's below the acreage. He's going to have his 35 setback--as long as he is below the acre, he's going to have his 35' setback regardless. MR. CHAIRMAN: Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. RESOLVED, to close the hearinq and reserve decision until later in the matter of the application of BERTHA OKULA in Appeal No. 3187. Vote of the Board: Ayes: Messrs. Goehringer, Gr~gonis, Douglass and Sawicki. (Member' Doyen of Fishers Island was absent.) This resolution was unanimously adopted. Following the close of the hearing, the board began delibera- tions, and it was the consensus of a majority of the board members that a letter be sent to Mrs. Okula requesting whether approval could be obtained in writing for a right over Bight Road to the rear parcel. The following action was taken: On motion by Mr. Douglass, seconded by Mr. Sawicki, it was Soqthold Town Board of__ppeals -7- December 2[~ 1983 Regular Meeting RESOLVED, that the applicant, Mrs. Bertha Okula, be requested to obtain a letter or other written instrUment from the owner/developer concerning permission being granted over Right Road for access to proposed Lot #1 in Appeal No. 3178. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED to declare the following Negative Environ- mental Declaration: S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: PROJECT NAME: 3203 ...... D..J. CLAUSE ENTERPRISES This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further 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 simil~' project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: To redivide property with insufficient area and width in this B-1 Zone. Art. VII, Sec..100-71 LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly k~gwn as: E/s Love Lane, M~qtituck,_ NY; 1000-140-3-42.3. REASON(S) SUPPORTING THIS DETERMINATION: (t) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environmenm are likely to occur should this project be imple- mented as planned; (2) The subject premises is not located within 300 feet of tidal wetlands or other critical environmental area. '~ So6%hold TOwn Board of-Appeals -8- December 2b~ 1983 Regular Meeting (ENVIRONMENTAL DECLARATIONS, continued:) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Siqnificance APPEAL NO.: 3202 PROJECT N~ME: HERBERT R. MANDEL This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N,Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the To~n of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated~ below. Please take further notice that this declaration should not be considered a determination made for any other d ~ epar~ment 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: Attached greenhouse addition with a 7' setback at its nearest point from the southerly side property line. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: E/s Inlet Lane Extension, Greenport, NY. REASON(S) SUPPORTING THIS DETERMINATION: (i) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur ~hould this project be imple- mented as planned; (2) The relief requested by this-~p~iication is for construction landward of existing structure[s]~and is not upon an environmentally critical area of land. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. '' S~6thold Town Board o~"Appeals -9- December 28~~ 1983 Rsgular Meeting RESERVED DECISION: Appeal No. 31'90. Upon application of WILLIAM BURKHARDT, by Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksville, NY 11802, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct acces- sory storage building in an area other than the required rearyard at premises known as 50 Wabasso Street and 2315 Nokomis Road, Southold, NY; County Tax Map Parcel No. 1000~078-03~part of 039. The public hearing on this matter was held on November 30, 1983. For the record it is noted that the subject premises was the subject of a prior Appeal dated July 2, 1982, Appeal No. 3011, for Mr. Burkhardt conditionally approving an area and width variance on December 22, 1982. The board made the following findings and determination: By this appeal, applicant seeks a variance from Article III, Section 100-32 of the zoning code which is requi~ed in order to per- mit applicant to retain the present location of an existing garage structure. Applicant has applied to the Building Department for permission to construct a new one-family dwelling in conformity with the rules and regulations of the zoning code; however, since this parcel is a corner lot as defined by Article I, Section 100-13, "Definitions," the area in which th~ subject accessory building is located has been technically interpretted to be "frOnt yard" area. Section 100-32 requires accessory buildings to be located in the rear yard area. The premises in question is located at the intersection of Wabasso Street and Nokomis Road, near Laughing Waters, in the Ham- let of Southold, Town of Southold, and is mo~e particularly identified on the Suffolk County Tax Map as District 1000, Section 78, Block 3, part of 039. The premises contains an area of approximately 20,123 sq. ft. The subject accessory building is and will continue to be set back from Nokomis Road property line 25 feet and from Wabasso Street property line 47 feet. It is the opinion of the b~ard tha~ the practical difficulty in this case is sufficient to warrant the grantinq of this variance; however, there are two main concerns of the board~ (1) that the subject accessory building remain as an accessory use, since any attachment of same to the main house would violate Article III, Section 100-31, Bulk Schedule, of the zoning code as to yard setbacks, and (2) that the accessory building remain to be used only for storage purposes, and that the h~bitable facilities and utilities therein be removed. In considering this appeal, the board determines: (1) that the practical difficulties ha~e besn shown and are sufficient to warrant the granting of the application as noted below; (2) that the relief as noted below is substantial in relation to the '. SOuthold Town Board o~JAppeals -10- December ~., 1983 Regular Meeting (Appeal No. 3190 - WILL/AM BURKHARDT, continued:) requirements of the zoning code; (3) that the circumstances are unique; (4) that the relief as approved will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by approving the application as noted below. Accordingly, on motion by Mr. Grigonls, seconded by Mr. Goeh- ringer, it was RESOLVED, that Appeal No. 3190, application of WILLIAM BURK- HARDT for permission to retain accessory storage building in the frontyard area as applied for and indicated on the October 27, 1983 survey of Roderick VanTuyl, P.C., 'BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The dwelling and all new structures, if any, must comply with all yard setback requirements of the zoning code; 2. Ail habitable appliances, fixtures and utilities must be removed in the accessory building in question; 3. The premises and buildings be inspected by the building inspector prior to the issuance of any Certificate of Occupancies for the land or structures. Location of Property: 2315 Nokomis Road and 50 Wabasso Street, Southold, NY; County Tax Map Parcel No. 1000-78-03-part of 39. Vote of the Board: Ayes: Messrso Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers .Island was absent.) This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3194. Upon application or'MITCHELL M. ~WILCENSKi, Main Road, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct accessory wind generator in excess of 18 feet in height at premises known as 2800 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-125-3,6.1 and 7.1. The public hearing on this application was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: S~uthold Town Board o~Appeals -11- December i~_ 1983 Regular Meeting (Appeal No. 3194 - MITCHELL M. WILCENSKI, By this appeal, applicant seeks pe~ wind generator centered in the rearyard a submitted with the application and set bs each property line. Article III, Section requires accessory structures to be locat exceeding 18 feet in height. The propose 65 feet (including generator rooster), wh the best of board's knowledge that such ~ structed in order to operate effectively. of energy and in the board's opinion are agrees with the reasoning of the applican The premises in question is located 25, in the Hamlet of Laurel, Town of Sout identified on the Suffolk County Tax Map Block 003, Lot 6.1. The premises contain 22,000 sq. ft. and is improved with a one storage building in the rear yard. In considering this appeal, the boar the practical difficulties have been show warrant the granting of the application a the relief as noted below is substantial requirements of the zoning code; (3) th unique; (4) that the relief as approved and ~romote the general purposes of zonin promotion of the public health, safety an interests of justice would be served by a as noted below. Accordingly, on motion by Mr. Sawi¢ it was RESOLVED, that Appeal No. 3194, app WILCENSKI, for permission to construct ac generator, BE AND HEREBY IS APPROVED SUBJ CONDITIONS: 1. That the tower shall not exceed 2. Any static or other noise inter and eliminated by property owner; 3. That the structure in question 75 feet to any other structures; continued:) nission to locate an accessory rea as shown on the sketch ck approximately 65 feet from 100-32, Subsection (A) ed in the rearyard not d height of this tower is ich is a common height to ind towers have been con- Wind towers are a source necessary. The board t. at the south side of S.R. hold, and is more particularly as District 1000, Section 125, s an area of approximately -family. dwelling and accessory ~ determines: (1) that and are sufficient to s noted below; (2) that in relation to the ~t the circumstances are will be in harmony with ~ of the protection and welfare; (5) that the pproving the application seconded by Mr. Douglass, ~ication of MITCHELL M. ~essory wind tower and ECT TO THE FOLLOWING a maximum height of 70 feet; ~erences must be controlled tot be placed closer than 4. That the structure in question ~ot be placed closer than 65 feet to any property line. S~uthold Town Board o~Appeals -12- December ~-, 1983 Regular Meeting (Appeal No. 3194 MITCHELL M. WILCENSKI, continued:) Location of Property: 2800 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-125-3-6.1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. ADDITIONAL PUBLIC HEARINGS FOR JANUARY 25, 1984: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to schedule the following matters for public hearings to be held at the next Regular Meeting of this board, to wit: January 25, 1984 commencing at-7:30 p_.m., and that the same shall be advertised in the local and official newspapers of the town pursuant to law: Appeal No. 3203 - D.J. CLAUSE ENTERPRISES Appeal No. 3202 - HERBERT R. MANDE~. Vote of the Board: Ayes: Messrs. Goehringer, Grigonls, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adgpted. NEW APPLICATION: Appeal No. 3201 - NORMAN C. BOOS. In reviewing the new variance application filed on December 20, 1983, for Norman C. Boos, requesting 18 additional boat spaces at his premises presently used as a marina on the south side of Skunk Lane (Bay Avenue), Cutchogue, it was the consensus of the board members that the applicant supply the board with the following: (a) What is the maximum number of boats docked at one time on the 'site of the subject marina; (b) What is the length of the proposed docks from the edge of the existing bulkhead? (c) Please provide a plan showing the proposed additional parking spaces (in addition to the 43 parking spaces required by the prior decision in Appeal No. 2914). (d) Please indicate on the plan the width of the channel's thoroughfare and its location for navigation. The secretary was instructed to send a letter to Mr. Boos requesting the above, prior to the board's scheduling this matter for public hearing. gouthold Town Board ~ Appeals ~13- DecemberS8, 1983 Regular Meeting TENTATIVE SPECIAL MEETING: On motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, that a tentative date of January 11, 1984, be set for a Special Meeting of this board to be held at the Southold Town Hall, Main Road, Southold, New York, for those business mat~ers'~properly coming before the board at that time. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. DATE OF REGULAR MEETING: On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that January 25, 1984 at 7:30 o'clock p.m. be and hereby is scheduled as the date of the next Regular Meeting of this board to be held at the Southold Town Hall, Main Road, Southold, New York for public hearings and other business matters properly coming before the board at that time. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. WITHDRAWAL WITHOUT PREJUDICE: Appeal No. 3078. MARION SADICK and MURRAY SCHLUSSEL. WHEREAS, on January 27, 1983, the subject variance application was filed with the Office of the Town Clerk for relief from Article III, Section 100-31, Bulk Schedule in the proposed two-lot minor subdivision at Stillwater Avenue, Cutchogue; and WHEREAS, on February 7, 1983, approval was requested from the aplicantS' attorney for a N..~.S. Department of Environmental Conservation permit pursuant to Part 661.5(b) [57] of the Tidal Wetlands Land Use Regulations, 6NYCRR and in accordance with tbs resolution of this board made February 4, 1983; and WHEREAS, on February 14, 1984, the Z.B.A. received notifica- tion that the N.Y.S. Department of Environmental Conservation application is being processed; and WHEREAS, on March 7, 1983, action was taken by the Southold Town Planning Board approv~gthe amended maps of November 10, 1982 subject to Z.B.A. approval and approval from the N.Y.S.D.E.C. if necessary; and Southold Town Board of Appeals -14- December 28, 1983 Regular Meeting (Appeal No. 3078 - SADICK AND SCHLUSSEL, continued:) WHEREAS, on August 25, 1983, this office received correspondence with enclosures from the N.Y'.'S. Department of Environmental Conserva- tion (Permit #10~83~0099) i~di~at~Dg that their ..... agency has approved a variance to their setback regulations which en~led movJ_~_~ Of the proposed dwellings closer.R? the road, possibl~.~equiri~g_an amendment to the pr~.sen~ application bef0r~this ~9~rd .for ~ief from our setback .regutation~; and WHEREAS, on August 25, 1983 a reply, was sent from this office to the N.Y.S.D.E.C. (and applicants' attorney) indicating that t~ proposed amendment must be filed with this office and ~he building inspector in order to determine whether or not a setback variance would truly be needed, and advising them of L~cal Law No. 9 ~h~ch was adopted by the Town Board on August 9, 1983,~ amending certain set backs; and WHEREAS, on September 22, 1983, a follow-up letter was sent to the applicants' attorney requesting receip~ of the amended maps if it is their intention to amend the application; ~d WHEREAS, on December 6, 1983, this office received a written request from Murray Schlusse! requesting the board to void the pending variance application; NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to withdraw Appeal No. 3078 without prejudice as requested by Mr. Murray Schlussg~ Vote Of the Board: Ayes: '~essrs. Goehringer, Grigonis, Doug- lass and S~icki. (Member Doyen of Fishers Island ~s~bsent.) This resolution was unanimously ad.@pted. Being there was no other business p~er~y coming before the board at this time, the chairman declared~e ~eeting adjourned. The meeting was adjourned at approximately 8:~8 · · GOE~RINGER~CHAIRMAN Approve.d r January /~ t984 Respectfully submitted, Sou~ho [~.~.z...~n. ~R_9~.rd_ _of A0peals RECEIVED AND' FILE'D BY T~ SOUTHO~ TO%~ CLERK . To~ ~er~, Town o~ S~ld