HomeMy WebLinkAboutZBA-08/15/1991,/
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
MINUTES
REGULAR MEETING
THURSDAY, AUGUST 15, 1991
A Regular Meeting was held by the Southold Town Board of
Appeals at the Town Hall, 53095 Main Road, Southold, New York
11971, on THURSDAY, AUGUST 15, 1991 at 7:30 o'clock p.m.
Present were:
Gerard P. Goehringer, Chairman
Serge Doyen, Jr., Member
Charles Grigonis, Jr., Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Linda F. Kowalski, Board Secretary
The Chairman opened the meeting at 7:30 p.m. and proceeded
with the first item on the agenda, as follows:
I. PUBLIC HEARINGS:
7:32 p.m. Appl. No. 4043 - JOHN H. AND GAYLE BIRKMIER. Special
Exception to the Zoning Ordinance, Article III, Section
100-30B(16) for permission to establish "Bed and Breakfast Use,"
an owner-occupied building, other than a hotel, where lodging
and breakfast is provided for not more than six casual,
transient roomers, in two bedrooms on the second-floor of the
existing dwelling structure. Location 48850 Main Road,
Southold, NY; County Tax Map No. 1000-70-07-10. Mr. and Mrs.
Birkmier were present, and Mrs. Birkmier spoke in behalf of her
application. (No public opposition was received during the
hearing.) (See verbatim transcript of the hearing which is
prepared separately from the Minutes.) The Board Members
indicated that they would like to inspect the interior of both
buildings on the premises prior to rendering a decision. Only
if there are further questions necessary by the members would
this hearing reconvene on September 26, 1991.
7:38 p.m. Appl. No. 4044 - WILLIAM, AILEEN AND JOHN PARROTT.
Variance to the Zoning Ordinance, Article XXIII, Section
100-239.4B and Article XXIV, Section 100-244B, for approval of
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August 15, 1991
Regular Meeting
. Southoid Town Boar~ of Appeals
County Tax Map ID No. 1000-114-11-5. The subject parcel is
nonconforming in this Hamlet Business (HB) Zone District
containing approximately one-half acre of total lot area.
(B) Appl. No. 3959 - MR. AND MRS. JOSEPH HARDY. Special
Exception to the Zoning Ordinance, Article IX, Section
100-91B(2)(4) to permit either an accessory apartment or second
dwelling unit over stores, or alternatively to permit multiple
dwelling use within the existing mixed business/residential
structure. Location of premises: 13500 Main Road, Mattituck;
County Tax Map ID No. 1000-114-11-5. The subject parcel is
nonconforming in this Hamlet Business (HB) Zone District
containing approximately one-half acre of total lot area.
P. Edward Reale, Esq. and Mr. Hardy spoke in behalf of their
application. Also present was Mrs. Hardy. (No public
opposition was received during this hearing -- see verbatim
transcript prepared separately from the Minutes for specific
statements and co~ents.) Following receipt of testimony, the
hearing was concluded (closed), pending deliberations at a later
date.
9:15 p.m. Appl. No. 4039 CLIFFSIDE ASSOCIATES. Appeal for an
Interpretation under the Definition Section of the Zoning Code,
Article I, Section 100-13 as noticed to the adjoining property
owners, as pertains to dwelling and/or motel uses, and the
installation of cooking facilities. Location of Property:
61475 County Road 48, Greenport, NY; County Tax Map Parcel ID
1000-045-01-001 and 002 (2.1), containing approximately 7.5
acres. Zone District: Resort Residential (RR). Richard
Haefeli, attorney for the applicant, requested a postpone of
this hearing since he is on vacation. The Board opened the
hearing at 9:15 p.m., read the legal notice and application for
the record. The Chairman asked if there was any one present to
speak either for or against the application, and there was no
response.
Motion was made by Mr. Goehringer, seconded by
Mr. Grigonis, and duly carried, to recess this hearing as
requested by the applicant's attorney. (The date of the
continued hearing will be determined when the Board sets the
calendar at the upcoming work session/Special Meeting.)
ENVIRONMENTAL DECLARATIONS: Motion was made by Mr. Goehringer,
seconded by Mr. Grigonis, and duly carried, to declare the
following declarations under SEQRA (and as noted on the
following pages:
(A) Matter of Joseph and Betty Hardy at Mattituck.
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Southoid Town Boar~ of Appeals
August 15, 1991
Regular Meeting
deck construction at less than 75 feet from the bulkhead and in
excess of the 20% lot coverage limitation for all structures.
The subject parcel is substandaTd in size and is located in the
R-40 Zone District. Location of Property: 2435 Cedar Lane,
East Marion; County Tax Map No. 1000-37-4-9. Mr. John Parrott
appeared in behalf of the application. (No public opposition
was received during the hearing. See verbatim transcript
prepared separately from these Minutes.) Following testimony,
the hearing was concluded (closed), pending deliberations at a
later date.
7:45 p.m. Appl. No. 4045 - GLORIA LOWERY. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239.4(B) for
permission to construct open-deck addition to dwelling structure
with a setback at less than 75 feet from the bulkhead. The
subject parcel is substandard in size and is located in the
R-40 Zone District. Location of Property: 650 Oak Avenue,
Southold; County Tax Map No. 1000-77-1-2. Also referred to as
Lot Nos. 285, 284, 283, 282, and part of 281 on the Map of Goose
Bay Estates (1934). James Fitzgerald of Proper-T Services,
Inc. appeared in behalf of the applicant. (No public opposition
was received during the hearing. See verbatim transcript of
hearing prepared separately from these Minutes.) Following
receipt of testimony, the hearing was concluded (closed),
pending deliberations at a later date.
7:48 p.m. Appl. No. 4046 - MR. AND MRS. THOMAS M. McKEON.
Variance to the Zoning Ordinance, Article XXIV, Section 100-244B
for permission to construct addition with breezeway and garage
which will be in excess of the 20% lot coverage limitation. The
subject parcel is substandard in size and is located in the R-40
Zone District. Location of Property: 415 Fisherman's Beach
Road, Cutchogue; also referred to as Lot 7 on the Map of Peconic
Bay Properties, Inc. (1931); County Tax Map No. 1000-111-1-26.
Gary Flanner Olsen, Esq., John Schmitz, Architect, and Andrew
Stype, all spoke in behalf of the application.
8:15 p.m. Appl. No. 4048 - BURT LEWIS, JR. Variance to the
Zoning Ordinance, Article III, Section 100-32 and Article XXIV,
Section 100-243 for approval of office addition resulting in an
expansion of the existing nonconforming use and increasing the
degree of nonconformance of the building setback in the front
yard area. The subject parcel is substandard in size and is
located in the Agricultural-Conservation (A-C) Zone District.
Location of Property: 6920 Main Road, Laurel; County Tax Map
No. 1000-126-01-4.1; also referred to as Lot Nos. 1 & 2 on the
Map of George I. Tuthill (1929). Ronald Lewis (son) appeared
in behalf of Burt Lewis (who was not able to attend due to
serious illness). (No public opposition was received during the
hearing. See verbatim transcript of hearing prepared separately
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~ Southoid Town Boar~ of Appeals
August 15, 1991
Regular Meeting
from the Minutes.) Following receipt of testimony, the hearing
was concluded (closed), pending deliberations at a later date.
8:13 p.m. Motion was made by Mr. Doyen, seconded by Mr.
Grigonis, and duly carried, to take a short recess at this time,
reconvening in a few minutes.
8:21 p.m. On motion by Mr. Dinizio, seconded by Mr. Grigonis,
and duly carried, to reconvene the meeting at this time.
PUBLIC HEARINGS, continued:
8:22 p.m. Appl. No. 4041 - DONALD AND JEANNE GRIM. Amendment
to Special Exception approval under Appl. No. 3491, in this
Light Industrial (LI) Zone District for permission to authorize
recycling and salvage facility, excavation and drainage yard
(pursuant to Town Board Resolution adopted April 9, 1991, to be
used in conjunction with those uses conditionally permitted
under Special Exception No. 3491 (ZBA resolution adopted
June 25, 1986) for outside stockpiling of material and related
offices. Location of Property: Lot No. 2 on the Minor
Subdivision Map No. 450 of L.B. Glover; 11910 Oregon Road,
Cutchogue, NY; County Tax Map No. 1000-83-3-part of 4.4,
containing 4.59 acres.
8:35 p.m. Appl. No. 4042 - LAWRENCE CERVON. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239.4B for
permission to construct addition to dwelling with a setback at
less than 75 feet from the bulkhead. Location of Property:
Peconic Bay Boulevard, Laurel; County Tax Map Parcel No.
1000-126-11-21. The subject parcel is substandard in size and
is located in the R-40 Zone District. Thomas Samuel, R.A.
appeared in behalf of the application with the owner, Lawrence
Cervon. Opposition was received from two neighbors, Mr. and
Mrs. John McDermott -- see verbatim transcript of hearing
prepared separately from the Minutes for specific statements
made.) Following receipt of testimony and documentation
submitted for the record, the hearing was concluded (closed),
pending deliberations at a later date.
8:55 p.m. Joint Hearing on the following premises:
(A) Appl. No. 3958 - MR. AND MRS. JOSEPH HARDY. Variance
to the Zoning Ordinance, Article IX, Section 100-92, for
permission to increase the degree of nonconformance of the lot
area for the establishment or approval of a second dwelling
unit in an existing dwelling structure and for the establishment
or approval of a third dwelling unit in the rear accessory
building, both in conjunction with multiple business uses and
existing single-family residential unit of this substandard
parcel. Location of premises: 13500 Main Road, Mattituck, NY;
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August 15, 1991
Regular Meeting
Southold Town Board of Appeals
County Tax Map ID No. 1000-114-11-5. The subject parcel is
nonconforming in this Hamlet Business (HB) Zone District
containing approximately one-half acre of total lot area.
(B) Appl. No. 3959 - MR. AND MRS. JOSEPH HARDY. Special
Exception to the Zoning Ordinance, Article IX, Section
100-91B(2)(4) to permit either an accessory apartment or second
dwelling unit over stores, or alternatively to permit multiple
dwelling use within the existing mixed business/residential
structure. Location of premises: 13500 Main Road, Mattituck;
County Tax Map ID No. 1000-114-11-5. The subject parcel is
nonconforming in this Hamlet Business (HB) Zone District
containing approximately one-half acre of total lot area.
P. Edward Reale, Esq. and Mr. Hardy spoke in behalf of their
application. Also present was Mrs. Hardy. (No public
opposition was received during this hearing -- see verbatim
transcript prepared separately from the Minutes for specific
statements and comments.) Following receipt of testimony, the
hearing was concluded (closed), pending deliberations at a later
date.
9:15 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Appeal for an
Interpretation under the Definition Section of the Zoning Code,
Article I, Section 100-13 as noticed to the adjoining property
owners, as pertains to dwelling and/or motel uses, and the
installation of cooking facilities. Location of Property:
61475 County Road 48, Greenport, NY; County Tax Map Parcel ID
1000-045-01-001 and 002 (2.1), containing approximately 7.5
acres. Zone District: Resort Residential (RR). Richard
Haefeli, attorney for the applicant, requested a postpone of
this hearing since he is on vacation. The Board opened the
hearing at 9:15 p.m., read the legal notice and application for
the record, The Chairman asked if there was any one present to
speak either for or against the application, and there was no
response.
Motion was made by Mr. Goehringer, seconded by
Mr. Grigonis, and duly carried, to recess this hearing as
requested by the applicant's attorney. (The date of the
continued hearing will be determined when the Board sets the
calendar at the upcoming work session/Special Meeting.)
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August 15, 1991
Regular Meeting
Southoid Town Boar~ of Appeals
ENVIRONMENTAL DECLARATIONS: Motion was made by Mr. Goehringer,
seconded by Mr. Grigonis, and duly carried, to declare the
following declarations under SEQRA (and as noted on the
following pages:
(A) Matter of Joseph and Betty Hardy at Mattituck.
(B) Matter of Burt Lewis, Jr.
(c)
Matter of Michael Cholowsky - No responses received
within time period from outside agencies concerning ZBA
coordination. Positive Declaration declared concerning
traffic hazards, etc.
(D) Matter of Ethel Betz.
(E) Matter of Joseph Carpenito.
(Continued on next nine (9) pages.
VOTE OF THE BOARD: AYES: Messrs. Goehringer, Doyen, Grigonis,
Dinizio and Villa. This resolution was duly adopted.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
-7-
BOARD OF APPEALS
TOWN OF SOUTHOLD
S.E.Q.R.A.
TYPE II ACTION DECLARATION
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
August 15, 1991
Appeal No. 4048
Project/Applicants:
County Tax Map No.
Location of Project:
Burt Lewis, Jr.
1000-126-1-4.1
6920 Main Road,
Laurel
Relief Requested/Jurisdiction Before This Board in this Project:
Approval of office'addition resulting in expansion of
existing nonconforming use and increase in building setback
i~.troqt .y.ard area.
Tnls NO~lce 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
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
SEQRA UNLISTED ACTION DECLARATION
Appeal No. 3959 Project Name: Mr. & Mrs. Joseph Hardy
County Tax Map No. 1000- 11 4- 1 1- 5
Location of Project: 13500 Main Road, Mattituck
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
August 15, 1991
Relief Requested/Jurisdiction Before This Board in this Project:
Accessory apartment or second dwelling unit over stores.
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 con~aents by your agency to be submitted with the next
20 days.
{,~} this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRAActioa, and has
declared a Negative Declaration for 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 applica%ion 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 9f the Board
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
tr
of
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 (~F SOUTHOLD
TYPE II ACTION DECLARATION
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
Au§ust 15, 1991
Appeal No. 3958
Project/Applicants:
County Tax Map No.
Location of Project:
Mr. & Mrs Joseph Hardy
1000- 11~-~1-~5
13500 Main Road, Mattituck
Relief Requested/Jurisdiction Before This Board in this Project:
Increase the degre~ of nonconformance of lot 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 Southoldo
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 Diniz~o, Jr.
Robert A. Villa
Telephone (516) 765-1809
-10-
BOARD OF APPEALS
TOWN O~ SOUTHOLD
TYPE II ACTION DECLARATION
August
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
]5, ]99]
Appeal No. 4047
Project/Applicants: Ethel
County Tax Map No. 1000-
Location of Project: Calves
Betz
63-7-34 & 35
Neck-Road, Southold,
NY
Relief Requested/Jurisdiction Before This Board in this Project:
Lot line variance
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 indicatingithat 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.
mc
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
-Il-
BOARD OF APPEALS
TOWN dF SOUTHOLD
S.E.Q.R.A.
TYPE II ACTION DECLARATION
August
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
15, 199l
Appeal No. 4049
Project/Applicants: Joseph Carpenit0
County Tax Map No. 1000- 38-5-5
Location of Project: ]70 Dogwood Lane,
East Marion, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Garage addition with insufficient front and side yard setbacks
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 (Shorti) 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.
mc
SEQR
Positive ,Declaration
i"totice of Intent t~) Prepare a Draft I~IS
Determination of Significance
Lead Agency: So uthold Town Board of Appeals Project#(ifany) 4021
Address: South01d Town Hall
53095 Main Road, Box 1179
South01d, NY 11971
516-765~)809
Date: August 15, 1991
This notice is issued pursuant to Part 617F(and local law # 3-1978 if any) of the imple-
menting regulations pertaining to ,~rticle 8 (State F'nvironmentai (~uaiity Review) of the E[nvit'on-
mental Conservation Law.
The lead agency has determined that the proposed action described below may have a signifi-
cant effect on the environment and that a Draft F'nvironmental impact Statement will be prepared.
TltleofActlon: Michael Cholowsky (Lorinda C. Casola, 0wne~)
SEQR Status: Type
Clnlisted
D~scrlptlon of Action: Proposed golf driving range, miniature golf and
related office building uses as may be authorized by Special Exception
by the Board of Appeals under Art. III, Section 100-31B(7) of the Zoning
Code, and for site plan approval by the Planning Board. The land is
presently vacant. One of the requirements to be met is that the
proposed project will not be operated for profit as a business enter-
prises in th6s Agricultural-~6nservation (A/C) Zone District.
I
I
I
L
Location: (include the name of the county and town. A location map of appropriate scale is also
recommended) I
3340 Horton's Lane, Southold, Town of Southold, Suffolk County, New York.
County Tax Map Parcel Designation 1000-55-1-19 containing 16+- acres.
SEQR Positive Declaration
Reasons Supporting This Determination:
(See annexed sheets 3 & 4)
Page
For Further Information:
(~ontact Person:
Address:
Phone Ho.:
Gerard P. Goehringer, Chairman (or Lind~ Kowalski)
Town Hall, 53095 Main Road, Southold, NY 11971
516-765-1809
Copies of this Hotice Sent to:
Commissioner-Department of Environmental Conservation, 5,0 Wolf Road. Albany. Hew York
12233-0001
Appropriate Regional Office of the Department of E:nvironmental Conservation_ Reaion I.
Office of the Chief Executive Officer of the political subdivision in which the action wi'il be princi-
pally located - Supervisor Scott L. Harris
~4ain office and appropriate regional office (if' any) of iead agency
Applicant (if any} Mr. Michael Cholowsky, 6565 Main Road, Mattituck, NY 11952
All other involved agencies (if any)
Environmental Notice Bulletin
Southold Town Planning Board
Southold Town Attorney's Office
Southold Town Clerk Bulletin Board (lobby)
Attorney for the Applicant, J. Kevin McLaughlin
Page - Positive SEQRA Declaration August 15, 1991
Title of Action: Michael Cholowsky (Lorinda Casola, Owner)
Location of Site: Horton's Lane, Southold
REASONS SUPPORTING THIS DETERMINATION:
This determination is issued in consideration of the criteria for
determination of significance contained in 6 NYCRR Part 617, the Long
Environmental Assessment Form, and as noted below:
1) The proposed project site is presently vacant land, having been farmed
over the years for agricultural purposes, and is located in the
Agricultural-Conservation Zone District, adjoining lands to the north and
east also located in the Agricultural-Conservation Zone District.
2) The proposed project site is situated opposite Lucas-Ford, an
established on-premises vehicle-sales distributorship, and an auction
(sales) establishment, is situated opposite residences, all of which are
accessed by the same roadway(s), and which, when combined with the
proposed multiple uses herein, may have a cumulative impact on the traffic
pattern for this community.
3) Tthe subject site is situated less than 100 feet from a four-way
intersection along a heavily traveled major road (County Road 48), and
which intersection is located approximately 1500 feet east of a major
four-lane express highway.
4) No turning lanes or deceleration lanes exist from the major road to
turn left onto Horton's Lane, where this site is located, from any
direction, and the speed limits range from 50 mph (or more) depending on
the direction of travel.
5) Landscaping and buffer areas can be provided and should be considered
by the Planning Board in conjunction with the site plan application on
this project, as may affect nearby residences or residentially zoned
properties.
6) Ail aspects of the SEQRA process are not to be construed to mean
authority or interpretation in any way concerning action on the "use to be
considered in the Special Exception," particularly since a public hearing
has not been held and action on the Special Exception may not take place
until a public hearing has been held, and since at the present time, the
applicant has not provided sufficient proof to meet all provisions of the
zoning code applicable to the zoning request. Subsequent to finalization
of SEQ~A for this application, a public hearing and other documentation
will be necessary for a thorough review which will suffice to answer the
question of appropriate uses and activities Section 100-30B(7) of the
Zoning Code for a Special Exception.
Page - Positive SEQRA Declaration August 15, 1991
Title of Action: Michael Cholowsky (Lorinda Casola, Owner)
Location of Site: Horton's Lane, Southold
REASONS SUPPORTING THIS DETERMINATION (continued):
7) Preparation of a traffic study is required and shall include:
(a) description of peak hour traffic flows, a.m. and p.m.
(b) vehicle mix
(c) sources of existing traffic volu~e
(d) pedestrian and bicycle environment, existing and resulting
from this project
(e) design for adequate and safe access to project site to handle
projected traffic flows as well as pedestrians and bicyclists
resulting from the proposed activities at the site
(f) need for adequate traffic control devices
(g) incorporate mitigation and alternative measures to reduce
or minimize impacts, or to produce beneficial impacts; and
(h) list underlying information, reports, studies relied on in
preparation of this document, and list consultants, private
persons, organizations, agencies consulted in preparing this
document, as well as technical exhibits and relevant corres-
pondence.
8) Completion of a corrected Long Environmental Assessment Form must
re-submitted (for the reasons noted in previous communications),
be
Southo~d Town Boar~ of Appeals
-]6- August 15, 1991
Regular Meeting
(A)
(B)
(c)
Correspondence coordinating SEQRA Notice from Trustees on
Brick Cove Marina expansion to 138 slips. Board of
Trustees is lead agency in this Type I Action.
Motion was made by Mr. Goehringer, seconded by Mr. Grig-
onis, and duly carried, to schedule the next Regular
Meeting of this Board Resolution for Thursday, Septem-
ber 26, 1991. This resolution was duly adopted.
Referral of Appl. No. 4047 - ETHEL BETZ to the Planning
Board for comments, if any, to be received by advertising
deadline of September 16, 1991. (Merger of lots)
Response to Planning Board concerning DONALD AND JEANNE
GRIM SEQR Coordination (1000-83-3-4.5). Comments to
include ZBA's concerns relative to visual resources and
possible noise impacts.
Date of Special Meeting set for Thursday, September 12,
1991, for deliberations, decisions, etc.
The Chairman declared the meeting adjourned at 10:00 p.m.
Respectfully submitted,
.//~ppro e - September 26,/991 RECEIVED AND FILED
/ THE SOUTHOLD TOWN CLIi?~
Town Clerk, Town of Southotd