Loading...
HomeMy WebLinkAboutZBA-10/24/1991APPEALS 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 Th~3RSDAY, OCTOBER 24, 1991 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, OCTOBER 24, 1991 at the Southold Town Hall, 53095 Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman Charles Grigonis, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Linda Kowalski, Board Assistant Absent was: Serge Doyen, Jr., F.I. Member (excused from attendance). The Chairman opened the meeting at 7:30 p.m. and proceeded with the public hearings on the agenda, noted below. For the verbatim statements made at the hearings, please see transcripts prepared under separate cover. (1) 7:35 p.m. Appl. No. 4060 - ANTHONY C. MEISEL. Variance to the Zoning Ordinance, Article II, Section 100-30A.3 and Article XXIV, Section 100-244 for permission to construct open deck addition to existing dwelling with an insufficient front yard setback. The lot area is nonconforming in this R-40 Low-Density Residential Zone District. Location of Property: 1275 Fanning Road, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 4, Lot 30. (2) 7:39 p.m. Appl. No. 4059. DOROTHY F. CAREY. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct proposed addition and deck with insufficient frontyard setbacks. The subject parcel is known as Lot 7 on the Map of Edgemere Park, is substandard in size, and is located in the R-40 Zone District. Location of Property: Corner of Edgemere Avenue and McDonald's Crossing, Laurel, NY; County Tax Map No. 1000-128-6-20. (3 & 4) 7:52 p.m. NYNEX MOBILE COMMUNICATIONS/ARTHUR V. JUNGE, INC. Appl. Nos. 4058 and 4062. Variance for .Page 2 - Minutes Regular Meeting of October 24, Southold Town Board of Appeals 1991 insufficient setbacks and Special Exception to establish public utility use and construct monopole radio tower and accessory equipment-storage building at 21855 County Road 48, Cutchogue, NY; County Tax Map No. 1000-96-1-19.1. (5) 8:18 p.m. Appl. No. 4061 EDWARD T. ROUSE. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281, and Article IIIA, Section 100-30A.3, Bulk Schedule, for approval of insufficient lot area and width of two parcels, each with a preexisting single-family dwelling. Location of Property: COrner of Sterling Place and Champlin Place, Greenport, NY; Lot Nos. 60, 61, and 62 on the Map of John G. Champlin filed in the Suffolk County Clerk's Office as Map No. 337; County Tax Map Parcel No. 1000-34-3-28. (6) 8:25 p.m. Appl. No. 4028 - RICHARD AND LISA OLIVERI. (Amended) Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to locate new dwelling, inclusive of deck and step areas, with a setback at less than 75 feet from the landward edge of the freshwater wetland. Location of Property: West Side of Crescent Avenue, Fishers Island, NY; County TAx Map No. 1000-006-06-20.5, containing 2.5 acres. End of Hearings 9:15 p.m. 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, which declarations are 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: A. TYPE II ACTIONS (coordination and processing not applicable): 1. Appl. No. 4060 - Anthony C. Meisel 2. Appl. No. 4059 - Dorothy F. Carey 3. Appl. No. 4058 - NYNEX 4. Appl. No. 4061 - Edward T. Rouse (Continued on the next four pages) Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa T~lephone (516) 765-1809 .qouthold Town Board of Appeals -3- APPEALS BOARD MEMBERS ~ ~t[~/ ~- ~ Gerard P. Goehringer, Chairman :'~?v; ,. BOARD OF APPEALS TOWN OF SOUTHOLD October 24, 1991 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 October 24, 1991 TYPE II ACTION DECLARATION Appeal No. 4060 Project/Applicants: County Tax Map No. Location of Project: MEISEL, ANTHONY 1000_117~4230 .... ~ ::: : 1275 Fanning Road, New Suffolk Relief Requested/Jurisdiction Before This Board in this Project: Deck - Insufficient front yard setback 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 the 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 ~Southold Town Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringcr, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa ?elephone (516) 765-1809 -4- BOARD OF APPEALS TOWN OF SOUTHOLD October 24, 1991 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 October 24, 1991 S,E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4059 Project/Applicants: County Tax Map No. Location of Project: CAREY, DOROTHY 1000- 128-6-19,20 Edgemere & McDonald's Crossing, Laurel Relief Requested/Jurisdiction Before This Board in this Project: Addition and deck with insufficient front yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.YoS. 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 the 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 .Southold Town Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 -5- . z.:b~ :~',',',',',',',',',~ ;/. r~ BOA~ O~ APPEALS TOWN OF SOU~OLD S.E.Q.R.A. TYPE II ACTION DECLARATION October 24, 1991 SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 24, 1991 Appeal No. 4058 Project/Applicants: County Tax Map No. Location of Project: Nynex'Mobile Communication 1000- 96-i-19.1 21855 County Road 48, Cutchogue Relief Requested/Jurisdiction Before This Board in this Project: Monopole radio tower and equipment building. rear yard setbacks. Side and - 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 ~ 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 617o2jj, 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 · Southold Town Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 -6- BOARD OF APPEALS TOWN OF $©UTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION October 24, 1991 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 October 24, 1991 Appeal No. 4061 Project/Applicants: County Tax Map No. Location of Project: Edward T. Rouse 1000-34-3-28 E/S STerling Place & Champlain Place, Greenport Relief Requested/Jurisdiction Before This Board in this Project: Subdivide two lots with insufficient area, depth and width 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 the 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 ~ Southold Town Board of Appeals - 7 - October 24, 1991 Regular Meeting DELIBERATIONS/DECISION: Appl. No. 4061. ACTION OF THE BOARD OF APPEALS Upon application of EDWARD T. ROUSE. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281, and Article IIIA, Section 100-30A.3, Bulk Schedule, for approval of insufficient lot area and width of two parcels, each with a preexisting single-family dwelling structure. Location of Property: Corner of Sterling Place and Champlin Place, Greenport, NY; Lot Nos. 60, 61 and 62 shown on the Map of John Go Champlin filed in the Suffolk County Clerk's Office as Map No. 337; County Tax Map Parcel No. 1000-34-3-28. WHEREAS, a public hearing was held on October 24, 1991, and all those who desired to be heard were heard and their testimony recorded (there was no opposition during the hearing); 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 WHEREAS, the Board made the following findings of fact: 1. The subject premises is a parcel of land consisting of a total area of 11,514 sq. ft., with a frontage of 119.57 feet along the northerly side of Champlin Place and 99.42 feet along the easterly side of Champlin Place in the Hamlet of Greenport, Town of Southold. 2. The premises which is the subject of the pending two-lot division of land: (a) is under today's zoning requirements a nonconforming lot in this R-40 Low-Residential Zone District; (b) is improved with two principal structures as more particularly shown on the plan prepared by Roderick VanTuyl, P.C. dated August 29, 1989 and described as: {1) a two-story frame building, which prior to October 7, 1988 was a retail grocery store - now abandoned; {2) one-story frame .Southold Town Board of Appeals - 8- October 24, Appl. No. 4061 - ROUSE Decision, continued: 1991 Regular Meeting house for single-family dwelling use; {3~ also shown in an accessory mixed garage/shed structure situated approximately two feet (permitted nonconformity) from the rear northerly property line. 3. Article X, Section 100-102, (Bulk Schedule) of the zoning code regulations (as amended January 10, 1989) requires: (a) a minimum lot depth of 150 feet; (b) a minimum width of 150 feet; (c) minimum lot area as exists, in toto {or when applicable to conforming lots, a minimum of 40,000 sq. ft., all per lot. 4. The relief sought by this appeal application are variances for approval of: (a) proposed easterly tract of land with dimensions of 45.0 feet (road frontage) by 98.47 feet depth, or 4,207+- sq. ft. - with the existing residential structure; (b) proposed westerly tract of land with dimensions of 74.57 feet along Champlin Place and 99.42 feet along Sterling Place, or 7,300+- sq. ft. 5. For the record, it is also noted: (a) that the subject premises is also shown on the 1873 subdivision map filed as Map No. 337 (Map of John G. Champlin) filed in the Suffolk County Clerk's Office. The 1873 map does show the premises as three 37 ft. by 119 ft. lots. This map has not been excepted by the Town as to the lot area and width for each lot, and the land has been in common ownership since prior to the enactment of zoning (1957); (b) that each principal structure is connected to village water and sewer systems; (c) that the use of each of the two subject principal structures will be as single-family dwelling uses {the owner has indicated that he has a buyer for each of the lots and it is the buyer's intention to use each for single-family occupancy only}. 6. 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 the land and buildings have 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 .Southold Town Board of Appeals -9 - October 24, Appl. No. 4061 - ROUSE Decision, continued: 1991 Regular Meeting 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. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was RESOLVED, to GRANT ALTERNATIVE RELIEF, (as further noted below), in the Matter of the Application of EDWARD T. ROUSE under Appl. No. 4061, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That covenants in recordable form be filed with the Suffolk County Clerk's Office (with copies furnished to the Board of Appeals) restricting the property to "no further subdivision or increase in density." 2. That the division lot~centered between the two principal buildings be drawn as shown on the draft sketch (attached for reference purposes) so that all of the concrete steps and/or concrete walkway will remain on the westerly lot, not protruding onto the easterly lot, and: (a) that a setback of five feet between the existing shed/garage structure to the center divisision line be provided and that the north/south line be drawn from the most northerly point south approximately 59 feet, thence running in an easterly direction to the edge of the driveway; thence southerly approxi- mately 40 feet along the outer edge of the driveway to the property line along Champlin Place; (b) that the easterly lot have a width (frontage) along Champlin Place of 45 feet minimum and have a northerly property line width of 45 feet minimum; (c) that a survey be prepared by a licensed surveyor and submitted to the Board of Appeals for acceptance of the layout described above. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and villa. (Member Doyen of Fishers Island was excused from attendance.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN ~Souuhold Town Board of Appeals -10- October 24, 1991 Regular Meeting DELIBERATIONS/DECISION: ACTION OF THE BOARD Appl. No. 4028. Upon amended application of RICHARD AND LISA OLIVERIo Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to locate new dwelling, inclusive of deck and step areas, with a setback at less than 75 feet from the landward edge of the freshwater wetland. Location of Property: Westerly side of Crescent Avenue, Fishers Island, NY; County Tax Map No. 1000-006-06-20.5, containing 2.5 acres. WHEREAS, a public hearing was held on October 24, 1991, and at said hearing, all those who desired to be heard were heard and all testimony (pro and con) recorded ; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1o By this application, appellants seek a variance under Article XXIII, Section 100-239.4C for permission to locate a portion of a proposed new dwelling within 75 feet of the nearest line to the freshwater wetlands, to a setback at its closest point 39 feet, all as shown on the revised plan lastly dated August 13, 1991 (submitted October 9, 1991) and prepared by Chandler, Palmer & King. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 6, Block 6, Lot 20.5 and contains a total lot area of 2.38+- acres. This parcel is presently vacant. 3. The dwelling as proposed on the August 13, 1991 plan is shown to be 20 feet from the closest line at the northwesterly section of the property, at 75 feet from the westerly (rear) property line, and at not less than 39 feet from the line delineating "edge of pond," all at their closest points. 4. Article XXIII, Section 100-239.4C of the Zoning Code requires all buildings and structures located on lots adjacent to .Soutbold Town Board of Appeals -]] - October 24, 1991 Regular Meeting aay freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. 5. For the record it is also noted that the practical difficulties are uniquely related to the land and are sufficient, in the board's opinion, to warrant a grant of a variance as requested from the proposed 39 ft. distance to the freshwater wetlands line. 6. Also reviewing and approving this project are the following: (a) the N.Y.S. Department of Environmental Conservation under Permit Amendment No. 1-4738-00189/00001-0 dated September 10, 1991, conditionally approving same; (b) the Suffolk County Department of Health Services under No. 90-S0124 dated November 28, 1990, approving well and septic system locations and distances from the dwelling structure; (e) the Southold Town Trustees as amended October 4, 1991 under Permit No. 3866 for the dwelling relocation. 7. In considering this application, the Board also finds: (a) there is no alternative feasible for appellants to pursue other than a variance, either due to insufficient distance to the wetlands line, or rear yard or side yard setbacks; (b) the location of the dwelling structure at a higher elevation of the property is most reasonable, providing a distance of 150+- ft. to the neighboring residences from any direction; (c) the relief requested is the minimum necessary to afford relief under the circumstances - the actual depth of the house, exclusive of deck and porch areas, is shown to be 28 feet; (d) the relief as requested and amended will not alter the essential character of the neighborhood - the original plan showed a much closer setback to the neighboring parcels, and the amended plan provided more of a screened "buffer" area allowing more privacy {less visibility} from the area residences; (e) the grant of the relief as requested and amended will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; .Southold Town Board of Appeals -12- October 24, 1991 Regular Meeting (f) in view of all the above, will be served by granting the variance tionally noted below. the interests of justice as amended, and condi- Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance for the construction of a new dwelling structure at a distance of at least 20 feet from the nearest (northerly) side property line, at least 75 feet from the rear (westerly) property line, and at not more than 39 (39+-) feet from the freshwater wetlands line as depicted on the plan prepared by Chandler, Palmer & King revised August 13, 1991, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There shall not be any more than a 10-ft. overcut around the side and rear of the dwelling, and ; 2. The trees beyond the 10 ft. overcut at the side (northerly) yard and at the rear (westerly) yard shall remain and be properly maintained, and additional screening (with 6 ft. high evergreens, or the like) shall be placed within the remaining rear and side yard area. (Ail roof runoff from the structure(s) must be properly retained.) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen, of Fishers Island, was absent/excused.) This resolution was duly adopted. lk · Southold Town Board of Appeals -]3- October 24, 1991 Regular Meeting DELIBERATIONS:DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 4060: Application for ANTHONY C. MEISEL. Variance to the Zoning Ordinance, Article III, Section 100-30A.3 and Article XXIV, Section 100-244, for permission to construct open deck addition (to existing dwelling) with an insufficient front yard setback. The lot area is nonconforming in this R-40 Low-Density Residential Zone District. Location of Property: 1275 Fanning Road (also referred to as Fisher Road or Charlie's Lane), New Suffolk, NY; County Tax Map District 1000, Section 117, Block 4, Lot 30. WHEREAS, a public hearing was held on October 24, 1991 and at said hearing all those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all testimony and docuraentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land situate at the intersection of the north side of Fanning Road and the west side of New Suffolk Road (C.R. 26), and contains the following nonconformities: lot area at 10,600+- sq. ft. lot depth at 75 feet; (b) is improved with a one-story, single-family dwelling structure set back 35.8 feet from the front property line along Fanning Road and 50.2 feet from the front property line along New Suffolk Road. A Certificate of Occupancy was issued for the same on October 26, 1976 as per Building Permit No. 8826. 'Page 14 - Appl. No. 4060 Matter of ANTHONY C. MEISEL Decision Rendered October 24, 1991 (c) is located in the R-40 Zone District as adopted by the Master Plan of January 10, 1989. Minimum requirements applicable to this substandard parcel under Section 100-244 of the current zoning code are: (1) lot depth 100 ft. (2) front yard setback 35 feet; (3) minimum side yard at 10 feet; (4) rear yard at not less than 35 feet {as established in the northerly yard area}, and (5) lot width at 80 feet. 2. By this application, appellant has proposed a 12' deep by 20' wide one-story deck addition, with lattice sides, which protrudes approximately 9.8 feet from the westerly front portion of the dwelling structure at its closest point, leaving a setback at 26 feet (rather than 35 provided in the relief schedule, Section 100-244B). 3. The amount of relief requested by this application is that area less than 35 feet from the front property line, to wit, that portion 9.8 feet forward of the house. 4. In considering this application, the Board also finds: (a) that the variance is not adversely affecting the essential character of the neighborhood; (b) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the addition is for an open deck (with lattice sides, but not permanently enclosed or roofed), which is not major and will not create an increase in any dwelling unit density or cause a substantial effect on available governmental facilities; (d) that there is no other alternative feasible for appellant to pursue; (e) in considering all of the above factors, the interests of justice will be served by granting alternative, conditionally noted below. as Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the variance requested under Appl. No. 4060 (Anthony Meisel) for a reduction of the existing 35.8 ft. setback by 9.8 feet in the front yard, to the requested 26 feet to the westerly front property line, SUBJECT TO THE FOLLOWING CONDITIONS: ~Page ]5_ Appl. No. 4060 Matter of ANTHONY C. MEISEL Decision Rendered October 24, 1991 ~. That the deck addition shall remain open and unroofed, as shown by this application, (except that lattice sides and hand rails will be permitted to remain); and 2. That there shall be no permanent enclosure of the deck addition (plexiglass or otherwise), other major alteration or structural change or placement of a roof; 3. That there be no modification or change to the subject deck without reapplication to the Board of Appeals for consideration; 4. That the lattice deck shall not be closer than 26 feet to the front property line along Fanning Road (as applied). VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen, of Fishers Island, was absent.) This resolution was duly adopted. SEQRA RESOLUTION: by Mr. Dinizio, it was On motion by Mr. Goehringer, seconded RESOLVED, to declare the following additional Environmental Declarations as noted on the following pages hereof, which declarations are 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: SEQRA declarations - new applications filed since 10/9: 1. Lead Agency and Unlisted Action Designation: Appl. No. 4063 - Peter and Marie Pizzarelli. Type II Project Designation - Appl. No. 4064 - William and Joellyn Ahmuty. (No coordination or other declaration at this time.) (continued on next two pages) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. villa Telephone (516) 765-1809 · Southold Town Board of Appeals -16- BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION Appeal No. 4063 Project Name: County Tax Map No. 1000-98-5-3 Location of Project: Peter and Marie october 24, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York ! 1971 Fax (516) 765-1823 Telephone (516) 765-1800 October 24, 1991 Pizzarelli 5710 Indian Neck Lane, Peconic Relief Requested/Jurisdiction Before This Board in this Project: Cooking facilities in guest cottage. 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 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 application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agencysince 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 -Southold Town Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 -17- BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION October 24, 1991 SCOTYL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 24, 1991 Appeal No. 4064 Project/Applicants: County Tax MaD No. Location of Project: William Ahmuty 1000- 53-6-10 3405 Bayshore Rd., Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to'existing dwelling within 75' of 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 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 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 -Page ]8 - Agenda Regular Meeting - October 24, 1991 Southold Town Board of Appeals Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen of Fishers Island was excused from attendance.) This resolution was duly adopted. HEARINGS FOR NEXT MEETING: On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that the following matters be and hereby are scheduled to be held for public hearings at the Southold Town Hall, 53095 Main Road, Southold, NY on THURSDAY, NOVEMBER 21, 1991: 1. Appl. No. 4064 - William and Joellyn Ahmuty 2. Appl. No. 4063 - Peter and Marie Pizzarelli 3. Appl. No. 4039 - Cliffside Associates (Interpretation only) 4. Appl. No. 3970 - McDonald's Corporation. (Data from applicant's representatives expected to be submitted prior to conclusion of hearing or written record.) S/s Main Road, Mattituck. 5. Other new applications, at the discretion of the Chairman prior to the advertising deadline; and BE IT FURTHER RESOLVED, that Linda Kowalski is hereby authorized and directed to advertise notice of same in the local and official newspapers of the Town, to wit: Times-Review and LoI. Traveler-Watchman, Inc. not later than five days thereto (i.e. Novercber 15th or before). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen of Fishers Island was excused from attendance.) This resolution was duly adopted. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 9:45 p.m. Respectfully submitted, Town Clerk, Town cf $cutho!d