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HomeMy WebLinkAboutZBA-03/15/1990APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen. Jr. Joseph H. Sawicki James Dinizio. Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MINUTES REGULAR MEETING THURSDAY, MARCH 15, 1990 A Regular Meeting was held by the Southold Town Board of Appeals on lhursda¥, March ]5, ]990 commencing at 7:30 o'clock p.m. at the Southold Town Hali, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Members Charles Grigonis, Jr., Serge Doyen, Jr., and James Dinizio, Jr. Board Members ~bsent were: Joseph H. Sawicki Also present were Doreen Ferwerda, the Board's SeCretary and Court Stenographer (per contractual agreement with the Town for stenographic services). The Board advertised in thereafter Hearings). The attached ~the all~ and the] in'the. prepared by as hearings, of hearings listed on the copies of ~he board ~ as filed with the Town Office and S.E.Q.R.A. declarations are attached to this cover page together with the transcripts aS record of theboard's actions for future reference. (No other minutes for this regular meeting have been prepared.) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. MAIN RnAD- STATE RnAD 25 .ql31_ITHDLD, L,I,, N.Y, "11971 TELEPHONE (516) 765-1809 AGENDA REGULAR MEETING THURSDAY ~ MARCH 15 ~ 1990 7:30 Meeting to Order I. PD~LIC HEARINGS: 7:30 p.m. 'APpl. No. 3917 - UMBRELLA HOME CARE. Variance to the Zoning Ordinance, Article VII, Section 100-71 C, as disapproved Proposed sign is not ~hisResidential~Of!fice District. Property Lo~ County Tax Map No. 1000 . 102, BloCk 02, Lot 12;ii 7:35 p.m. APpl'. NO. 3909 - JOSEPH ~CORNACCHZA, Varianceto the Zoning III, Section 1D0-33~ as ~ssory shed in ,~Lane, 0~, Block. 13, Lot~ 20.5. 7: VarianCe to the Z ., as # MapNo 31, BlOck t2, 7:45 p.m. Appl. No. 3906 - CHARLES COLOMBO. Variance to the Zoning OrdiDance, Article XXIV, Section t00-244~B, as disapproved, for permission to construct a deck addition to existing dwelling, proposed .construction will have insufficient sideyard setbacks. Property Location: 350 Oak Street, Cutchogue, County Tax Map No. 1000, Section 136, Block 1, Lot 48. - March 15, 1990 ld Town Board of Appeals PUBLIC HEARINGS, continued 7:50 p.m. Appl. No. 3903 - LINDA DAMBASSIS. Variance to ~Zon~ng Ordinance, Article III, Section 100-33, (Article XXIII, Section 100-239.4.(A), as.disapproved for pe~.ission to construct accessories' garage, pool and additions to dwellingin frontyard area. Property Location 2430 Dignan's Road, Cutchogue~ County Tax Map NO. 1000, Section 83, Block 2, Lot 7.2. 7:55 p.m. Appl. No. 3912 - EDWARD AND CORRINE BIRDIE. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, for pezmission to construct additions to one family. dwelling, proposed construction will have insufficient side yard setbacks. Property Location: 380 Parsons Boulevard, East Marion, County Tax Map Mo. 1000, Secti0n 037, Block 01, Lot 17.1. 8:00 p.m. Appt. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 24IA, ~Article XXVIII, Section 100-281 (3), as disapproved, for permission to construct additions and alterations to garage With apartment. Property Location: East End Road, Fishers Island, County Tax Map No.~ 1000, Section 3, Block 7, Lot 5~ 8:05 p.~m. Appt. 'No~ 3924 )0-91 Pr0per%y Location: 795 Pike Street, Mattituck, County Tax MapNo. 1000, Section 140, Block~2,1Lot~23~ " ~ · ' ' 8:10 p.m. Appt. No.~i 3918 ~ JOHN.~AND CATHE~TNE'SIM~CICH,~.i~ ' w~nery sales. Property Location: 4250 Bergen Avenue, Mattituck, County Tax Map No. 100~0, Section 121, Block i Lots part of 001. ' Nol;~ 3907~- i ; propc in this R-40 Zone District. Property Local 30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section 102~ Bloc 03~ Lot 01-. Page 3 - Agenda Regular Meeting - March 15, 1990 Southotd Town Board of Appeals I. PUBLIC HEARINGS, continued 8:20 p.m. Appl. No. 3915- JORDAN'S PARTNERS. Variance to the ZonLng Ordinance, Article VII, Section 100-71, as disapproved, for permission to construct office and retail stores, proposed construction is not~a pezmitted use in this District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax. Map No. 1000, Section 34, Block 2, Lot 1. II. RESOLUTION determining N.Y.S. Environmental Quality Review Act .status on the following: Type II Actions (no further SEQRA action required): (a) Appl. No. 3917 - Umbrella Home Care (b) Appl. No. 3909 - Joseph Cornacchia (c) Appl. No. 3916 - George Reinhardt (d) Appl. NO. 3906 - Charles Colombo (e) Appl. No. 3903 - Linda Dambassis (f) Appl. No. 3912 - Edward and Corrine Birdie (g) Appl. No. 3924 - Michael Herbert (h) Appl. No. 3918 - John and Catherine Simicich (i) Appl. No. 3907 - Nicholas Aliano (j) Appl. No. 3915 - Jordan's Unlisted Action (k) Appl, No. 3911 - Walter Rafferty III. DELIBERATIONS/DECISiONS IV. RESOLUTION approving Minutes of the following Meetings: {With the excepti6n of Appl. No. 3770 v Port of EgYPt to be enter when decision is rendered}. September 21,1989 December 19, 1989 Page 4 - Agenda Regular Meeting - March 15, 1990 Southold Town Board of Appeals V. MISCELLANEOUS: A. RESOLUTION, scheduling and~ advertising the. following matters for a Special/Regular meeting to be held on Thursday March 29, 1990. B. RESOLUTION, scheduling the following matters for a public hearing to be held on Thursda¥,.April 19, 1990~ (a) Appl. No. 3928 - SAMUEL AND RACHEL SALZMAN. Variance to the Zoning Ordinance, Article III?A, Section 100~30 A.3, for- permission to construct addition to existing dwelling, proposed construction will have insufficient~frontyard setback., 1000-144-5-22. (b) Appl. No. 3920 ~ A..LIOS.. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for pe~ssion to construct deck addition to existing.pool, proposed construction will exceed pezmitted Iot~cQverage andwill have insufficient side yard setback, 1000-106-1/i4. (c) 'Appi. No. 3925 - ELSIE PARKIN. ~Variance to .the Zoning Ordinance, Article ITIA, Section 100- 30 A.3, (Article I, Section 106-20), Bulk Area and Parking Regutations~ for this division of land, 1000-104-04-27. (d) Appl. No. 3926 - MuRRAy JACOBS. Variance to the Zoning Ordinance, ArtiCle III,!Secti0n. 100-3~ for' permiSsion to construct accessory shed in side yard, 1000-53-5-9. Section 100,244, lations, Article XXIII, SectiOn 100-239.4, Building Setbacks from water bodies and~wetland, 100-083-01-01. (f) Appl. No, 3921- EILEEN VILLANI. Variance to the Zoning Ordinance, Article XXIII, SeCtion 100-239.4 B, for permission to construct addition to existing one family dwelling, proposed construction will be within 75 ft. of water or wetland, 1000-086-06-10. Page 5 Agenda Regular Meeting - March 15, 1990 Southotd Town Board of Appeals V. MISCELLANEOUS, continued (g) Appl. No. 3919 - THOMAS COLLINS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct a deck addition to ~a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead, 1000-35-5-20. (h) Appl. No. 3927 - MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to attach accessory building to tennis court in front yard area, 1000-087-01-184. (i) Appl. No. 3923 - ROBERT GREDICK. Variance to he Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct addition to dwelling and accessory garage, proposed construction will have insufficient front yard, Article III A, Section 100-33, accessory building may be located in the required rear yard, 1000-118-04-06. (j) Appl. No. 3922 - ROBERT & THERESA TURNER. Variance to the Zoning Ordinance, Article III, Section 100-30 A.4, for permission ~to construct an attached swimming pool to dwelling, Bulk Area and Parking Regulations, 1000-126-03-17. VI. UPDATES: A. Determining type of action of the Appl. No. 3913 - Gustave Wade. B. CODE COMMITTEE: Updates for the Board for this week's meetings. NEXT CODE COMMITTEE DATE: April 12r 1990 Southold~ Town Board of Appeals March'-15,:19'90~- Regular Meeting Appeal No. Project/Applicants: County Tax Map No. Location of Project: S.E.Q.R.A. TYPE II ACTION DECLARATION 3917 Umbrella Home Care 1000-102-2-12.1 28455 Main Road, Cutchogu~., NY Relief Requested/Jurisdiction Before This Board in this Project: Erect a sign not permitted in Residential/Office District. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Q~ality Review Act of the Environmental- Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been Submitted with the subject application indicating that no significant adverse environmentall effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerningsetback,.area or lot-line variances determines this application to fallunder the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall.not, however, affect any other , '~--. agency's interest as an involved agency under SEQRA 617.2jj. For further information,.please contact the Office of the Board of Appeals, Town Hall, M~in Road, Southold, NY 11971 at (516) 765-1809. . ~ Southold Town Board of Appeals March 15, 1~90 ~i Regular~eeti.ng S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3909 Project/Applicants: Joseph C0rnacchia County Tax Map No. 1000-70-13-20-5 Location of Project: 835 Kimber]y Lane, S0uth0l~, NY Relief Requested/Jurisdiction Before This Board in' thisProject: Construct accessory shed in fr0ntyard area. This Notice is issued pursuant to Part617~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 ~44-4of the Town of Southold. An Environmental Assessment (Short)Form has been submitted with the subject application indicating that nosign~ficant adverse environmental effectsare likely t© Occur ~h°Uldbe project be implemented as planned. It is determined Board's area'~f jurisdiction ¢once! application under the established list of Type II Actions. Pursuant to,Section 617.2jj, this Department is excluded as aninvolved agency. This determination shall'not, however, affect any other: agency's interest as an involved agency under SEQRA 617.2jj. For further information,,please contact i Board of Appeals, Town Hall, M~in Road, Southold, NY 1] [516) 765-1809. Sou~hold Town Board of Appeals March- 15,',199.0 Regular Meeting S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3916 Project/Applicants: County Tax Map No. Location of Project: George Reinhardt 1000- 31-12-10 1380 Pcr. EoS #3, Truman P&th, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct deck addi.tion, proposed additio~ exceeds permitted lot coverage .and has insufficient setback from property line. This Notice is issued pursuan~ to Part 617 of the implementing regulations pertaining to Ar~ticle 8 of the N.Y.S. Environmental Qualit¥~Review Act of the Environmental Conservation Law and Local Law 944-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects arelikely to occur should be project be implemented as planned. It is determined that thiS Board's area of ~jurisdiction Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not,' however; affect any ~ agency's interest as n involved agency under SEQRA 617 For further information, please contact the Office of the Board of APpeals, Town Hall, M~in Road, Southold, NY 11971. at (516) 765-1809. - Southold Town Board of Appeals March ~15, 1990-~-' Regular'~Meeti~g S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3906 Project/Applicants: County Tax Map No. Location of Project: Charles Colombo 1000-136-1-48 350 Oak Street, Cutchogue,"NY Relief R~quested/Jurisdiction Before This Board in this Project: Deck addition to existing dwelling having insuffiCient sideyard setback. This Notice is issued pursuant to Part 617 of the implementing regulations,pertaining to Article B. of the N.Y.S. Environmental Quality Review Act of ~the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment.(Short) Form has beensubmitted with the subject application indicating that no significant adverse environmental effects are!ikely to occur should be project be implemented as planned. It is determined that thisBOard's area of jurisdiction concerning setback, area or lot-line variances determines 'this application to fall'Under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded asan involved agency. This determination shall, not', however~ affect any other. agency's interest as an involved agenoy under SEQRA~617~2jj. For further information,.please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at [516) 765-1809. Southold Town Board of Appeals March 15j.1996' Regular Meeting Appeal No. 3903 Project/Applicants: County Tax Map No. Location of Project: S.E.Q.R.A. TYPE II ACTION DECLARATION Linda Dambassis 1000-83-2-7.2 2430 Dignans Road, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct accessirues garage, pool and addition to dwelling in front yard area. 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no si nificant adverse environmental effects are ~,-~- ~- g- ~ ~ ~A=z~ uo occur snoulG De project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall ~nderthe established list of Type II Actions. Pursuant to section~617.2jj, this!Department is excluded as an involved agency. This determination shalI not, however, affect any Other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office'of the Board of Appeals, Town Hall, M~in Road, Southold, NY 11971'at (516) 765-1809. ~ Southold Town Board of Appeals March 15, 1.990.~' Regular,44eetiDg S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3912 Project/Applicants: County Tax Map No. Location of Project: Edward and Corrine Birdie 1000-37-1-17.1 380 Parsons Boulevard, East Marion, NY Relief Requested/Jurisdiction BeforeThis Board in this Project: Construct addition with ~nsufficient side yard setback. This Notice is issued pursuant to. Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental QualityReview Act,of the Environmental Conservation Law and Local Law 944-4~of the Town of Southold. An Environmental Assessment (Short) Formhas been submitted with the subject, application indicating thatno Significant adverse environmental effeCts are likely to occur should be project be implemented as planned. It is dete£mined~that this Board's area of jurisdiction concerning setback, area or lot-line variances determinesthis application to fall under the established list Actions. Pursuant to Section 617.2jj, this excluded as an involved agency. Thisdetermination'.shalllnot, however, affeCt any agency's interest as~an involyed agency under For further~information,,please contact the office of the Board'of Appeals, Town Hall, M~in Road, Southold, NY l1971'at (516) 765-1809. Southold Town Board of Appeals March 15, 1990 Regular Meeting _ ~ ~- Date: S.E.Q.R.A. t~NLI STED ACTION Notice of Detezmination of Non-Si~nificanco March 15, 1990. Appeal No. 391l Project/Applicants: Walter Rafferty County Tax Map No. 1000- 3-7-5 Location of Project: East End Road, Fishers Island, NY Relief Requested/Jurisdiction before this Board in this Project: Construct addition and alteration to garage with apartment. 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 944-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be J~plemented as planned, and: { X ) this Board asstu~es Lead Agency status and determines this project to be an Unlisted Action (uncoordinated) noting these findings: { } the project is proposed in an area with land contours 10 or more feet above mean sea level; { } the area seaward of the proposed construction is bulkheaded; { · } the project is proposed landward of existing structures; { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such' as nonconforming use varianceor use permits); { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted within the next 20 days. For more information, Please contact our office. Copies to: Planning Board, Town Trustees, N.Y.S.D.E.C. and/or Suffolk County Department of Health Services. .Southold Town Board of Appeals March 15, 1990 Regular ~4eeti~g S.E.Q.R.A. 5~fPE II ACTION DECI~RATION Appeal No. 3924 SE Project/Applicants: Michael Herbert County Tax Map No. 1000-140-2-23 Location of Project: 795 Pike Street, Mattituck~ NY Relief Requested/J%brisdiction Before This Boardin this Project: Change of use from' 8ed & Breakfast to three family dwelling. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Articl~ S of the N.¥.S. Environmental Quality Review Act of the Environmental - Conservation Law and Local Law 944-4 of the Town of Southold. An Enviror~nental Assessment (Short)Form has been sttbmitted~ with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It isdetern~ned that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQI{A 617.2jj. For further information, ~please contact the Office of the Board of Appeals, Town Hall, M~in-Road, Southold, N-~ 11971 at (516) 765-1809. ~ S~m~thold Town B6ard of Appeal March 15, 1990 Regular Meeting - / ¥7- Appeal No. 3918 SE Project/Applicants: County Tax Map No. Location of Project: S,E.Q.R.A. TYPE II ACTION DECLARATION John & Catherine Simicich lO00-121-1-P/O 1 4250 Bergen Avenue, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to have winery for production and sales 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effectsare likely to occur should be project be implemented as planned. It is determined that.this Board's area of jurisdiction concerning setbackw, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to section 6t7.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect anyother agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the~Office of the Board of Appeals, Town Hall, Main Road, Southold NY 11971 at (516) 765-1809. ' SoUthold Town Board of Appeals March 15, 1990 Regular' Meeting S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3907 Project/Applicants: County Tax Map No. Location of Project: Nicholas Aliano 1000-102-3-1 29950' Main Road, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct retail office complex in R40 Zone 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 theEnvironmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines-this application to fall Under the established list of Type II Actions. Pursuant to section 617.2jj, this Department is excluded as an involved agency. This determination shallnot, however, affect any other agency's interest as an involved agency under SEQRA 617~2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Southold ~~'~ MAIN ROAD - STATE ROAD 25 APPEALS BOARD" MEMBERS Town Board of' GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR, P.O. BOX 1179 SOUTHOLD, L.I.,'N.Y.- 11971 TELEPHONE (516) 765'1809 FAX No. (516] 765'1823 March 15, 1990 .S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3915 Project/Applicants: County Tax Map No. Location of Project: Jordan's Partners 1000-34-2-1 1000 Main Street and 160 ~ain Road, Greenport,N¥ Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct office and retail stores. Proposed construct is not a permitted use in this District. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.¥.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law $44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant. adverse environmental effects are likely to.occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interesu as an involved agency under SEQRA 617.2jj. For further information, piease contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-18D9. tr Southold Town Board of Appeals Regular Meeting: March 15, 1990 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Doreen Ferwerda Bpard Secretary