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HomeMy WebLinkAboutZBA-07/25/1991 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT 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 SPECIAL MEETING THURSDAY, JULY 25, 1991 A Special Meeting was held by the Southold Town Board of Appeals at the Southold Town Hall, 53095 Main Road, Southold, New York, on THURSDAY, JULY 25, 1991 commencing at 6:30 p.m. Present were: Chairman Gerard P. Goehringer Member Serge Doyen (6:30 - 7:00 p.m.) Member James Dinizio, Jr. Member Robert A. Villa Board Secretary Linda Kowalski Absent was: Member Charles Grigonis (due to leg surgery). The Chairman opened the meeting at.6:30 p.m. Member Doyen indicated that the plane leaves the airport about 7:15 p.m. to Fishers Island. The Board Members deliberated on the following application: Appl. No. 4022 CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. (Continued on page 2). $outhold Town Board of Appeals -2- July 25, 1991 Special Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 4022. Application of CELLULAR TELEPHONE COMPANY d/b/a METRO ONE requesting Special Exception approval under Article VIII, Section 100-81B(1) and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104 ft. high monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: 415 Elijah's Lane, Mattituck, Ny; also shown on Planning Board Map of May 15, 1990, Map No. 8937. County Tax Map No. 1000-108-4-11.3 (part of 11.) WHEREAS, after due notice, public hearings were held on April 30, 1991 and June 7, 1991 and at said hearings, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHERES, the Board made the following findings of fact: 1. The premises in question is located along the westerly side of Elijah's Lane in the Hamlet of Mattituck, Town of Southold, is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 108, Block 4, Lot 11.3 (part of 11), for which lot lines have been the subject of approval by the Town Planning Board on or about April 9, 1990. 2. For the record it is also noted that the subject parcel contains a total lot area of 80,495.5 square feet, is located in the Limited Business (LB) Zone District, and is surrounded on three sides by residential communities. To the south is a plot of land also owned by William J. Baxter and others improved with a large one-story building and, although unoccupied, is also located in the Limited Business Zone District. ~a~e 3 - Appl. No. 4022-SE Matter of CELLULAR TELEPHONE COMPANY Decision Rendered July 25, 1991 3. By this application, it is requested by Cellular Telephone Company d/b/a Metro One, with the consent of the landowners, William J. Baxter and others, that a Special Exception be granted for: (1) ~ a proposed unmanned telecommunications building in an existing concrete block building, and (2) construction of a 104 ft. high monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. The section of the Code under which this application has been made is Article III, Section 100-30B(6) of the Agricultural-Conservation and Low-Density Residential Zone District provisions of the Code which reads as follows: 100-31B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as herein- after provided, and ... are subject to site plan approval by the Planning Board: ...(6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed... 4. The proposed unmanned telecommunications building is shown on the site plan maps prepared by Juengert Grutzmacher Associates, P.A. dated February 6, 1991. Also, the tower structure for telecommunications transmissions is shown to be proposed at approximately 103 feet from the northerly side property line, 238+- feet from the westerly rear property line, 62+- feet from the southerly side property line, and 233+- feet from the easterly front property line. The height of the tower, inclusive of antenna mast, is proposed at 104 feet from ground level. The nearest building (telecommunications building) is located approximately nine feet to the east from the proposed tower, and 69 feet to the existing barn structure from the tower. Buildings therefore are within the direct fall-down area of the proposed tower. Also, distances have not been provided on the radius map to show building envelopes for future principal structures and accessory structures on the five residentially zoned lands adjacent to this parcel to the north and west. It does appear, however, that future homes on these lots could be located outside of the fall-down range, i.e. 104 feet from the proposed tower location. t~ge.¢ - Appl. No. 4022-SE Matter of CELLULAR TELEPHONE COMPANY Decision Rendered July 25, 1991 5. The land uses of the Low-Density Residential Zone District, under which this application is made, is intended to provide open rural environmental areas so highly valued by residents and to reasonably regulate the subdivision and development of the lands while honoring the legitimate interests of farmers and farmland owners (Article III, Section 100-30 Purpose). The uses permitted under these provisions are limited to principal residential uses, agricultural uses, and accessory uses incidental thereto. 6. The land use provisions of the Limited Business (LB) Zone District are intended to provide limited business activities that are consistent with the rural and historic character of surrounding areas and uses and that have been designed to protect the residential and rural character of the area. Permitted uses in the LB Zone are limited to antique, art and craft shops and galleries; custom workshops and machine shops; wholesale or retail and display of garden materials and plants, including nursery operations; library; museum; professional office; business office; funeral home; restaurant; barbershop, professional studios, travel agency and other personal service stores and shops; plumbing shop, carpentry shop, motorcycle shops, landscaping and other service businesses; wholesale and warehousing. Other uses permitted by Special Exception would include those uses as may be permitted in the Low-Density Residential and Agricultural-Conservation Zone Districts and provided under Article III (ref. paragraph #5 above). 7. The uses proposed under this Special Exception request are for commercial telecommunications and radio transmission services by Metro One through Cellular Telephone Company, a company who has received approvals from the Public Service Commission to operate a cellular radio system (see Order issued April 18, 1985 for a "Certificate of Public Convenience and Necessity to Construct and Operate a Cellular Radio Telecommunication Service in the New York Standard Metropolitan Statistical Area"). 8. On January 10, 1989, a new Zoning Code and Master Plan were adopted by the Town of $outhold, and many zoning provisions and requirements were modified or created which are quite different from the previous zoning codes. In applying the provisions of the new master plan and zoning code, one o~ the first considerations by this Board in a Special Exception request is to determine whether the uses requested fall within the meaning of the Zoning Code as applied. 9. Article XIII, Section 100-130 of the Light Industrial (LI) and Light-Industrial-Office (LIO) Zoning Provisions Page 5 - Appl. No. 4022-SE Matter of CELLULAR TELEPHONE COMPANY Decision Rendered July 25, 1991 authorize this type of use by Special Exception. The purpose of the LIO and LI Zone Districts is to provide for commercial activities which are not appropriate for those uses permitted in residential, agricultural, and Ilimited business use zone districts. It is apparent that the use proposed herein will be a principal use involving commercial telecommunications activities. The purpose and intent of Section 100-30B(6) is to permit only those uses which are not of a business or commercial nature and which are clearly consistent with the rural, residential or agricultural character of the immediate area. A telecommunications use is not a residential or agricultural use. 10. It is, therefore, determined that the meaning of Article III, Section 100-30B(6) shall apply only to those public utility towers, structures and uses congruently associated with residential or agricultural uses; i.e. TV, VHF, CB, Ham Radio, accessory and incidental thereto, by Special Exception approval by the Board of Appeals. Telecommunication systems such as that proposed herein which are of a commercial nature could be permitted as a principal use under only Article XIII and Article XIV, by Special Exception in the LIO and LI Industrial Zone Districts. This commercial use cannot be authorized by Special Exception under the current zoning code under this particular (residential/agricultural) provision (Article III, Section 100-30B(6)). ACCORDINGLY, on motion by Mr. Villa, seconded by Mr. Doyen, it was RESOLVED, that the application for a Special Exception for commercial telecommunications activities and structures as applied under Article III, Section 100-30B(6), (ref. Article VIII, Section 100-81B), be and hereby is DISMISSED, for the reasons as noted above. VOTE OF THE BOARD: AYES: Messrs. Villa, Doyen and Goehringer. (Member Dinizio abstained and did not participate in discussions or vote.) (Member Grigonis was absent due to illness.) This resolution was duly adopted. ..// GERARD P. GOE~INGER,- CHAI~ lk Southold Town Board of Appeals -6- July 25, 1991 Special Meeting (Member Doyen left at this time to return to Fishers Island by plane.) Deliberations/Decisions, continued: Applications No. 4032 and 4040. ACTION OF THE BOARD OF APPEALS Upon Application of MARY AND PETER BLANK. Appeal: (a) under Article II, Section 100-23, Article III, Section 100-32, and Bulk Schedule, Column "v," requesting approvals of the reduced lot area and depth of Parcels 1 and 2, which nonconformities remain in private ownership following appropriation of the total balance of land after acquisition by the N.Y.S. Department of Environmental Conservation, and requesting approval of the proposed building area for placement of principal dwelling structure with related accessory building(s), having insufficient setbacks in the front yard, rear yard and lot coverage in excess of the five (5%) percent limit, and (b) under New York Town Law, Section 280-a interpreting non-jurisdiction or otherwise determining access approval. Location of Property: Along Peter's Neck Road, extending approximately 2900 feet south of King Street, Hamlet of Orient, Town of Southold, NY; County Tax Map Parcel Nos. 1000-32-1-part of 2 and 4; also Lot 3 (ROW). WHEREAS, a public hearing was held on July 12, 1991, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. The subject premises consists of two parcels which are located along Peter's Neck Road and private right-of-way, extending in a southeasterly direction off the easterly side of King's Street in the Hamlet of Orient, Town of Southold. Page 7- Appl. No. 4032 and 4040 Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting 2. The first parcel, referred to on the survey map as Parcel 1: (a) is identified onl~the Suffolk County Tax Maps as 1000-32-1-4.1) {previously identified-as part of 4}, and (b) is located north of the private right-of-way; has a total land area of 1.6461 acres (71,704 $.f.).; {the total acreage prior to acquisition of the contiguous 2.5281 acres by the N.Y.S. Department of Environmental Conservation on Octo- ber 26, 1990 was 4.2271 acres}; and (c) has a let depth of approximately 200 feet at its greatest distance from the front property line along the right-of-way; (d) is shown on the July 12, 1991 survey map with a proposed building envelope of 12,085 sq. ft., covering 16.8% of the lot, for the future construction of a principal building and related accessory buildings or structures; (e) is shown on the survey map with a proposed "envelope" area with an insufficient setback at 40 feet from the front (southwesterly) property line and an insufficient setback at 60 feet from the rear (northeasterly) property line of this parcel {for future construction}. 3. The second parcel, referred to on the survey map as Parcel 2: (a) is identified on the Suffolk County Tax Maps as 1000-32-1-2.1 {previously identified ks part of 2}, and: (b) is located to the south of the private right-of-way having a total area of 1.7478 acres or 76,133 s.f.; (the total acreage prior to acquisition of the contiguous 7.4047 acres by the N.Y.S. Department of Environmental Conservation on October 26, 1990 was 9.1525 acres; (c) has a lot depth of approximately 150 feet greatest distance from the front property line along the right-of-way; at its (d) is shown on the July 12, 1991 survey map with a proposed "envelope" area of 18,871 sq. ft., covering 24.7% of the lot, for the future construction of a principal building and related accessory buildings or structures. (e) is shown on the survey map also with the "envelope" area an insufficient front yard setback at 40 feet from the front property line and an insufficient rear yard setback at 60 feet from the rear (southwesterly) property line. P~ge 8- Appl. No. 4032 and 4040 Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting 4. In this R-200 Low-Density Residential Zone District, as adopted in the new Master Plan Revisions and Update of the Zoning Code on January 10, 1989~ the following Bulk Schedule requirements, under Column "v",~are listed as a minimum for a one-family detached dwelling: (a) Lot size 200,000 sq. ft. (b) Lot depth 400 feet (c) Front Yard Setback at 60 feet (d) Rear Yard Setback at 100 feet. Also limited in this section is the lot coverage of the parcel for all structures at 5% of the lot area. 5. The percentages of relief sought by this variance application concerning Parcel 1 are as follows: (a) Lot size at 71,704 s.f. is approximately 35.5% of the total requirement of 200,000 s.f.; (b) Lot depth at approximately 195 feet 97.5% of the total requirement of 200 feet; (c) Front yard setback at 40 feet is 67% of the total requirement of 60 feet; (d) Rear yard setback at 60 feet is 60% of the total requirement of 100 feet; (e) survey exceeds total of 16.8% The proposed building envelope area shown on the the maximum lot coverage (5%) by 11.8%, for a of the total lot area, or 12,085 s.f. 6. The percentages of relief sought by this variance application concerning Parcel 2 are as follows: (a) Lot size at 76,133 s.f. is approximately 38% of the total requirement of 200,000 sof.; (b) Lot depth at approximately 150 feet is 75% of the total requirement of 200 feet; (c) Front yard setback at 40 feet is 67% of the total requirement of 60 feet; (d) Rear yard setback at 60 feet is 60% of the total requirement of 100 feet; (e) The proposed building envelope shown on the. survey at 18871 s.f. is 19.7% over the maximum permitted (5%), for a total proposed at 24.7%. Page 9- Appl. No. 4032 and 4040 Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting 7. For the record, it is noted that Peter's Neck Road is a town-maintained road in good to excellent condition and extends to each of both parcels under consideration. Therefore, the jurisdiction under New York Town Law, Section 280-A, is waived as to need for further road improvements. No 280-A requirement has been found of record for this access road to any of the houses either to the east of the subject premises or to the west, except as the Planning Board may have conditioned under the 1981 minor subdivision (1000-32-1-12) situated at the most easterly end of the private right-of-way. 8. For the record, it is noted that the Board has also considered the history of conveyances over the years since prior to 1962, and as shown on the single-and-separate search prepared by Aquebogue Abstrac~ Corp. dated July 3, 1989. The Board recognizes these two parcels as having been in single and separate ownership up until the present time. 9. In considering this application, the Board also finds and determines: (a) the relief as granted is substantial in relation to the requirements; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance; (c) there will be no substantial change in the character of the neighborhood, and a precedent would not be set since the physical characteristics of this land as it related to the general area and wetlands has existed since before the enactment of zoning in 1957; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Page ]0 - Appl. No. 4032 and 4040 Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting Accordingly, on motion by Mr. Villa Mr. Dinizio , it was · seconded by RESOLVED· to ALTERNATIVEL~GRANT for Parcel ~1, relief permitting a rear yard setback at not less than 7 5 feet from the rear property line to the dwelling (foundation without decks or overhangs), and at not less than 65 feet from the rear property line for all other structures or buildings; be it further RESOLVED, to ALTERNATIVELY GRANT relief as to Parcel #2 as as limited below: (a) rear yard setback at not less than 75 feet from the rear property line for ail buildings and structures; (b) maximum lot coverage at 20% of the total lot area for all buildings and structures; and be it further RESOLVED, to GRANT the following relief, as applied,and requested under Appl Nos. 4032 and 4040: (a) as to both Parcels %1 and %2, a front yard setback for a future principal building at not less than 40 feet from the front property lines along the private right-of-way; (b) as to both Parcels %1 and %2, under New York Town Law, Section 280-A, improvements; a waiver of jurisdiction concerning further road (c) approval of the area and depth-Parcels ~1 and #2. (d) approval of the maximum lot+ coverage for all structures on Parcel ~1 as requested at 16.8% of the total lot area. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen left to return to Fishers Island.) (Member Grigonis was absent due to illness.) This resolution was duly adopted. lk $0uthold Town Board of Appeals -11- July 25, 1991 Special Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 4033: Application of RANDI LACALAMITA. Request for Variance to the Zoning Ordinance, Article III, Section 100-33 for approval of carport in the front yard area with reduced setbacks from the front and side property lines. Location of Property: 1395 Henry's Lane, Peconic, NY; County Tax Map Designation 1000-74-1-10. WHEREAS, a public hearing was held on July 12, 1991, at which time all those who desired to be heard were heard; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The premises in question is located along the west side of Henry's Lane in Peconic, and is identified on the Suffolk County Tax Maps as District 1000, Section 74, Block 1, Lot 10. The entire premises consists of an area of approximately 20,700 sq. ft. and is presently improved with a single family dwelling two small storage sheds, and the subject carport construction. 2. By this application, appellant is appealing a Notice of Disapproval issued by the Building Inspector on May 14, 1991, resulting from an application for a Certificate of Occupancy under Building Permit No. 19806Z. In reviewing the building permit file, it was noted on the rough building sketch that the carport must be located in the rear yard. (No survey map was submitted as part of the permit file to show to proposed location of the carport construction on the site.) Page ]2- Appl. No. 4033 Matter of RANDI LACALAMITA Decision Rendered July 25, 1991 3. The area of the property upon which the carport is located is technically within the front yard area, just forward of the side yard area of the existing dwelling structure. The practical difficulties are, of course, to relocate at this particular time the carport structure in the required rear yard. 4. Section 100-33 of the Code permits accessory buildings and structures which are located in the required rear yard, without a variance, at a height not to exceed 18 feet. The carport structure consists of a size 18' x 35', and is shown to be set back at seven feet from the easterly (front) property line and 3.5 feet from the northerly (side) property line. The height of the carport does not exceed the code's limitation. 5. In considering this application, the Board finds: (a) that the relief requested is not the minimum relative to the requirements; (b) that the use of the carport will be consistent with the purpose and intent of the provisions for an accessory building since it will be an incidental and ancillary use only to the main residence, and will not be used for habitable, sleeping, business, or other uses which are prohibited in accessory structures; (c) that the difficulties claimed are self-created and are not entirely, uniquely related the land; (d) that the variance, as conditionally granted, will not alter the essential character of the immediate area; (e) that in considering all of the above, the interests of justice will be served by conditionally approving the requested variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT permission for the subject carport situated in the front yard area, as constructed, without modifications, reconstruction, or any structural alterations of any kind, and subject further to the following CONDITIONS: Page ]3 - Appl. No. 4033 Matter of RANDI LACALAMITA Decision Rendered July 25, 1991 1. The carport must remain open and unenclosed, as exists; 2. There be no lights, no utilities or other connections; 3. The carport not be extended or enlarged; 4. The carport not be rebuilt or altered in any manner; 5. Maintenance, repairs or other work proposed to be taken directly to the carport structure must receive approval of the Board of Appeals, either by written request directly to the Chairman or by formal application, and as deemed appropriate by the Z.B.A. under the circumstances. 6. The intent of this variance is of a temporary nature, in order to permit the landowner to continue the use of the carport as constructed - however, if costs are involved to repair, to replace or otherwise maintain the structure, the carport shall then be located in the required rear yard. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen was absent at this time since he had to leave early to return to Fishers Island, and Member Grigonis was absent due to recent leg surgery.) This resolution was duly adopted . lk GERARD P. GOEHRINGER, CHAIRMAN S~uthold Town Board of Appeals -14- July 25, 1991 Special Meeting ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to declare the following Environmental Declara- tions as noted on the following pages hereof, 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: A. TYPE II ACTIONS: 1. Appl. NO. 2. Appl. No. 3. Appl. No. 4045 4. Appl. No. 4046 5. Appl. No. 4037 UNLISTED ACTIONS: 6. Appl. No. 4043 4042 - Lawrence J. Cervon 4044 - William Parrott and Ors. - Gloria Lowery - Thomas and Mariann T. - Metro/808 Realty McKeon John & Gayle Birkmier. (Continued on the next seven pages) S0uthold Town Board of APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Origonis, Jr. S~erge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 Appeals ~15- July 25, 1991 BOAP4) OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION Special Meeting 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 July 25, 1991 Appeal No. 4042 Project/Applicants: County Tax Map No. Location of Project: Lawrence J. Cervon 1000- 126-11-21 Peconic Bay Blulevard, Laurel Relief Requested/Jurisdiction Before This Board in this Project: Addition less than 75' from bulkhead 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 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 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. tr S0uthold Town Board of Appeals ~16~ July 25, APPEALS BOARD MEMBERS ~ a~,,; ,}~:.'~?~ ~'~· u nn "oe' ':nger, Chairman - ~ '~--'' ' ': Gerard P. Charles Grigonis, Jr. ! .... Serge Doyen, Jr. : ~ James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 1991 Special Meeting SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 duly 25, 1991 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4045 Project/Applicants: County Tax Map No. Location of Project: Gloria Lowery 1000-77-1-2 650 Oak Street, Southold Relief Requested/Jurisdiction Before This Board in this Project: Construct open deck within 75' bulkhead This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.$. 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 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. tm Sbuthold Town Board of APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 Appeals ~lT~.July 25, 1991 BOAR~ OF APPEALS TOWN OF SOUTHOLD Special Meeting SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 , .: z~9.x (516) 76~. 3 t..8.~3t: Telephone (516) 765-1800 Vil. l.s S.E.Q.R.A. TYPE II ACTION DECLARATION duly 25, 1991 Appeal No. 4046 Project/Applicants: Thomas and Mariann T. McKe0n County Tax Map No. 1000- 1t-t-36 Location of Project: Haywater Road Extension, Cutchogue Relief Requested/Jurisdiction Before This Board in this Project: Addition and excessive lot coverage This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article $ of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of $outhold. 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 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. tr APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio~ Jr. L~ Robert A. Villa Telephone (516) 765-1809 Southold Town Board of Appeals -18- July BOARD OF APPEALS TOWN OF SOUTHOLD 25, 1991 Special Meeting SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 S.E.Q.R.A. TYPE II ACTION DECLARATION July 25, 1991 Appeal No. 4037 Project/Applicants: County Tax Map No. Location of Project: Metro/808 Realty 1000- I02-5-26 28975 Main Road, Cutchogue Relief Requested/Jurisdiction Before This Board in this Project: Canopy in front yard 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 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 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. tm Sbuthold Town Board of Appeals -t9J July 25, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert V' 1 Telephone (~1'6) ~6~-~09 BOARD OF APPEALS TOWN ~)F SOUTHOLD 1991 Special Meeting · SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 S.E.Q.R.A. TYPE II ACTION DECLARATION July 25, 1991 Appeal No. 4044 Project/Applicants: County Tax Map No. Location of Project: William Parrott and others 1000- 37-4-9 Oak Street, Southold Relief Requested/Jurisdiction Before This Board in this Project: . Construct deck within 75' bulkhead and excessive lot coverage 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 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 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, $outhold, NY 11971 at (516) 765-1809. tm Southold Town Board of Appeals 7_20- July 25, APPEALS BOARD MEMBERS -'~ ,~ ' ~:~ - Gerard P. Goehringer, Chairman ...... - ,, ~ Charles Origonis, Jr. '.v .... > ,,, Serge Doyen, Jr. :./ ' ;- James Dinizio, Jr. Robert A. Villa BOAR~D OFAPPEALS Telephone (516) 765-1809 TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECI2%RATION Appeal No. 4043 Project Name: County Tax Map No. 1000- 70-7-10 Location of Project: Main Road, 1991 Special Meeting SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 25 , 1991 John and Gayle BirkmierJuly Southold Relief Requested/Jurisdiction Before This Board in this Project: Bed/Breakfast 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 effects are likely to occur should be project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declarationfor the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr of S~uthold Town Board of Appeals -21- July 25, 1991 Special Meeting IENVIRONMENTAL DECLARATIONS, continued:) Vote of the Board: AYES: Messrs. Goehringer, Dinizio and Villa. (Member Grigonis was absent due illness.) This resolution was duly adopted (3--0). to UPDATE: Appl. No. 3970 - McDONALD'S CORPORATION. The following updates were noted for the record: June 7, 1991 - Full size copies of amended site plan received from Mr. Annibale, Project Manager in behalf of McDonald's. June 21, 1991 - Letter from ZBA to Planning Board coordinating amended plan pursuant to Section 100-254B of the Zoning Code. Continuing in early to mid July, inquiries were received from individual Planning Board members concerning ZBA requests concerning reconsideration under SEQRA of new facts and concerning comments under 100-254B. A letter was requested from PB members for the ZBA to clarify its request for reopening SEQRA and the new facts upon which to base the request. July 12, 1991 ZBA received memo from PB concerning 100-254B and the PB's general agreement of amended plan, subject to minor adjustments, County Health and DOT approvals. July 12, 1991 - Consensus of ZBA members to further clarify request for reconsideration under SEQRA, needed by PB before they act. Memorandum authorized to be sent to PB. July 15, 1991 Copy of PB memo transmitted with cover letter by ZBA to Mr. Raynor (since they did not receive a copy). Also ZBA indicated applicant's presence at the final hearing is necessary in the event of questionning or request for information necessary for a proper determination. July 18, 1991 - Received faxed copy of letter from McDonald's consultant indicating that McDonald's representatives will be present at the final hearing, when notified. July 22, 1991 - Letter to PB from ZBA clarifying areas to be addressed and new facts obtained from ZBA hearings records. Southold Town Board of Appeals-22- July 25, 1991 Special Meeting NEW APPLICATION: Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Following updates of the documentation, as re-submitted, the following action was taken: WHEREAS, a two-fold application is being made by Ken- neth J. Tedaldi in behalf of Cliffside Associates, through his attorney, Richard T. Haefeli, Esq.; and WHEREAS, upon reviewing the application forms submitted, it is apparent that the requests are two-fold, described as: (a) first, a request for an interpretation under the definitions section of the zoning code, Section 100-13, and (b) second, a request for a variance requesting relief, apparently of the subject interpretation, which has not yet been advertised, heard or decided by the Board; WHEREAS, the first part of the application, to wit: the interpretation request, is complete under the provisions' pertaining to proper notice and filing; however the second part of the application, to wit: the variance requesting relief, or "alternative relief," is not complete and must be re-filed for the following reasons: (a) an additional filing fee of $200.00 has not been submitted; (b) the application is premature and has not been filed in accordance with the normal procedures for variance requests. At this time there is no basis to appeal for alternative relief since a variance has not been denied or otherwise acted upon by the Board, and which is still pending under the first part of this application; (c) supplemental SEQRA procedures must be followed upon receipt of the complete variance application, and SEQRA determinations rendered and filed in accordance with the requirements of 6 NYCRR Part 617, and Article 8 of the Environmental Conservation Law; the SEQRA determinations of more than two years ago, for a different application, decided for a Special Exception for motel units without cooking or kitchen facilities or pertinent plumbing system hook-ups, may not be applied entirely to this variance application which proposes multiple cooking/kitchen facilities and pertinent water and sewer system hook-ups in all motel units. A supplemental LEAF for "Unlisted Actions" and other steps, if further determined, will be required for the new variance application, when filed in complete form; NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was S~uthold Town Board of Appeals -2 ~ July 25, 1991 Special Meeting RESOLVED, that the first part of this two-fold application, to wit: the request for an interpretation under the defintion section (Section 100-13) of the Code is authorized to be advertised for a public hearing to be held on THURSDAY, AUGUST 15, 1991 at the Southold Town Hall, 53095 Main Road, Southold, New York, and BE IT FURTHER RESOLVED, that the State Environmental Quality Review Act (SEQRA) procedures are hereby temporarily suspended to allow processing of the first part of this two-fold application for the interpretation only concerning transient or resort motel definitions; and BE IT FURTHER RESOLVED, that the second part of the two-fold application be re-filed and processed separately, when determined complete in accordance with the filing ~nd notice requirements of the code for specific relief and/or alternative relief, with a determination from the Building Inspector upon which to base the appeal. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen left early to fly back to F.I. and Member Grigonis was absent due to illness.) This resolution was duly adopted. UPDATE: Appl. No. 4030 - HANAUER & BAGLEY (filed May 8, 1991, and pending SEQRA). The Chairman reported that he attended the Scoping Session at the Planning Board Office on July 2, 1991. At the meeting, he said he did bring it to the Planning staff's attention that the validity of the Building Permit as of the current date may be questionnable since the Health Department approval expired. The survey map submitted with the Building Permit renewal applications did not include a current approval from the Health Department. On June 11, 1991, Irving Like, Esq., attorney for the applicants, furnished for the ZBA record a copy of the Health Department stamp of 6/18/83 for ref0 No. 85-SO-36 for one dwelling only on the entire 4.945 acre parcel. Subsequent to the scoping session, the Planning Board office advised that the PB was also going to consider a proposed "cluster plan" to join this 4.945 acre parcel with the minor subdivision to the south (Too-Bee Realty), and cluster the lots. Any such proposal will require a new submission by the applicant and will, of course, require a variance for the same number of lots, since one additional lot is still being requested, we understand. The ZBA is awaiting communications from the PB, as lead agency, and the applicant as to the alternative to be chosen, as well as its SEQRA determination. $outhold Town Board of Appeals -24- July 25, 1991 Special Meeting UPDATE: Appl. No. 4037 - METRO/808 REALTY (GAS STATION). Await comments from Planning Board pursuant to 100-254 of the Code. Copies of Building Inspector's file/maps of record concerning this project were requested before advertising this matter for a public hearing. (Advertising deadline is August 2nd. NEW HEARINGS FOR AUGUST 15, 1991: was taken: The following action On motion by Mro Goehringer, seconded by Mr. Villa, it was RESOLVED, that Board Secretary Linda Kowalski is hereby authorized and directed to advertise the following applications for public hearings to be held on THURSDAY, AUGUST 15, 1991 commencing at 7:30 p.m., except for reasons as may be noted below: (1) Appl. No. 4023 - CELLULAR TELEPHONE CO. (if and when directed by attorney for the applicant concerning the height interpretation and height variance, only) (2) Appl. No. 3958V - JOSEPH HARDY (3) Appl. No. 3959SE - JOSEPH HARDY (4) Appl. No. 4042 - LAWRENCE J. CERVON (5) Appl. No° 4044 - WILLIAM PARROTT and ORS (6) Appl. No° 4045 - GLORIA LOWERY (7) Appl. No. 4041 - DONALD J. GRIM (subject to receiving Planning Board comments by advertising deadline). (8) Appl. No. 4046 - THOMAS AND MARIANN T. McKEON. (9) Appl. No. 4043 - JOHN & GAYLE BIRKMIER at Southold (10) Appl. No. 4039 - CLIFFSIDE ASSOCIATES (Interpretation Only - Application for Alternative Relief is incomplete at this time. See pp. 22-23, supra) (11) Appl. No. 4048 - BURT LEWIS, JR. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 WAIVER OF NOTICE OF SPECIAL MEETING WE, the undersigned, being Members of the Zoning Board of Appeals of the Town of Southold, Suffolk County, New York, do hereby severally waive notice of the time, place and purpose of the Meeting of the Board of Appeals to be held at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JULY 25, 1991 at 6:30 o'clock p.m., and do hereby consent that the same be held on said date for the transaction of business properly coming before the Board. DATED: July 25 , Southold, New York. Ger d P. Goenri/~nger, C irman Charlos Grig · S/~rge ~. ~x~n, ~Jr./, ~ember Robert A. ~.lla, Member Southold Town Board of Appeals -25- July 25, 1991 Special Meeting (SET-UPS FOR AUGUST 15, 1991 HEARINGS, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen left early to fly back to F.Io and Member Grigonis was absent due to illness.) This resolution was duly adopted. There being no other business properly coming before Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 8:00 p.m. the Respectfully submitted,