The URL can be used to link to this page

Home My WebLink AboutZBA-05/14/1998APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chai3man James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Resol. to file adopted 6/11/98 MINUTES REGULAR MEETING THURSDAY, MAY 14, 1998 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 14, 1998, commencing at 6:35 p.m. in the Meeting Hail. Present were: 6:35 p.m. Gerard P. Goehringer, Chairman James Dinizio, Jr., Member (6:30 - 7:20) Lydia A. Tortora, Member George Homing, Member Lora S. Collins, Member Linda Kowaiski, Secretary to ZBA Gerard P. Goehringer, Chairman called the meeting to order. AGENDA ITEM I: 5/11): SUBMISSIONS AND BOARD REVIEWS PENDING (as of A) Mattituck Products Co., LLC - submission for board review regarding request for drive-up or drive-thru window at existing McDonald's Restaurant, 8805 Main Road, Mattituck. lt. the Board noted that it is in receipt of an application requesting a drive-up or drive-thru for the McDonald's Restaurant and that it issued a decision in 1991 which clearly addressed a drive-up or drive-thru for this property and this McDonald's Restaurant. The Chairman asked the Board if there was a motion to rehear this matter pursuant to New York Town Law, Section 267-a(12) and no motion was made. The Board then noted it is barred by the doctrine of res judicata from reviewing this application. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to return the application to Darrell J. Conway, Attorney for the Applicant based on the above. Vote of the Board: Ayes: Members Goehringer, Dinizio, Tortora, Homing, and Collins. This Resolution was duly ADOPTED (5-0). Page 2 - Minutes "~ Regular Meeting of May 14, 1998 Southold Town Board of Appeals B) NEXTEL/BAXTER - proposed co-location of antennas at EHjah's Lane, Mattituck. Although a former ZBA Resolution adopted 4~30 advertised this application for June 11th hearing, reviews continued regarding applicant's request for a Special Exception based upon a Condition of the former Special Exception issued under 'Cellular One-Metre One.' After a brief dincussion, the Board agreed to rescind its former April 30, 1998 Resolution. The Board Secretary was instructed to return the application to applicant, and that applicant should be in a position to make application to the Building Department for any other jurisdictional steps that may be necessary. Based on the Telecomraunications Law adopted in November 1997, the Board of Appeals took the position that the new Law supersedes the former Special Exception Condition (which condition stated a requirement for re-application for additional co-locaters). Based on the information furnished and the fact that the proposed newantennas were confirmed to be below the 100-ft. height of the existing, motion was offered by Member Tortora, seconded by Chairman Goehringer, and duly carried, CONFIRMING that an application under the prior special exception is not required and RESCINDING the Board's April 30, 1998 Resolution which had calendared this application for a public hearing. Vote of the Board: Ayes: All (5-0). C) Frank Gaston - proposed deck addition/bulkhead setback variance at Bayview Avenue, Southold. jcl. June 11 hearing is requested, if possible. This agenda item was noted as a new application carryover by the Chairman for new review by Members. D) Charles Synder accessory garage location at 704 Wiggins Lane, Greenport. lt. June 11th hearing is requested, if possible. This agenda item was noted as a new application carryover by the Chairman for new review by Members. E) Carl and Lynne Fritscher - corners of "as built" foundation require variances. BP #24539Z was issued 10/28/97. June llth hearing is requested, if possible. This agenda item was noted as a new application carryover by the Chairman for new review by Members. AGENDA ITEM II. PUBLIC HEARINGS: Unless otherwise noted below, each hearing included testimony by the applicant or his agents, statements pro and con, and questions from the ZBA, and then the hearing was concluded/closed. Please see Transcript of Hearing Statements prepared separately. 6:40 - 6:41 p.m. Appl. No. 4559 - CHRISTOPHER PLIACONIS. the Board reopened the hearing. Mr. and Mrs. Pliaconis asked the Board if they would wait for their attorney to arrive, and confirmed the attorney was on his way. Abigail Wickham, Esq. was present representing Mr. and Mrs. Hellman and did not object to the 20-minute recess. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS the hearing for 20 minutes, pending arrival from their Attorney. Hearing reconvened at 7:09 p.m. Page 3 - Minutes ~ ~l RegUlar Meeting of May 14, 1998 Southold Town BOard of Appeals AGENDA ITEM V. SEQRA. TYPE II Declaratioi~s. Motion was made by Chairman Goehringer, seconded by Member Homing, and duly carried declaring Type II Declarations on the following: Zuhoski, Bertetto, Bayview/South Harbor, L.P., Petikas Variances. This Resolution was duly adopted (5-0). AGENDA ITEM VI. MINUTES. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to approve and authorize filing of the Minutes of Board of AppealS for the following Meetings: April 30, 1998 Special Meeting April 16, 1998 Regular Meeting. March 3, 1998 (carryover from prior agenda) March 23, 1998 (carryover from prior agenda). This Resolution was duly adopted (5-0). AGENDA ITEM II. PUBLIC HEARINGS, continued: 6:46 p.m. Appl. No. 4565 - STEVEN ZUHOSKI. Variance under Article XXlV.~ Section 100-244, based upon the Building Inspector's March 30, 1998 Notice of Disapproval for a proposed garage addition with an insufficient side yard setback at property know]l as 1090 Gold Spur Street, CutchogUe; 1000-95-4-18.12. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Collins, to close (concinde) the hearing. This Resolution was duly adopted (5-0). 7:04 - 7:08 p.m. Appl. No. 4566 7:04 p.m. Appl. No. 4566 - FRANK BERTETTO. Variance under Article XXIV, Section 100-244B, based upon the Building Inspector's April 7, 1998 Notice of Disapproval for an "as built" garage addition, pending construction under building permit No. 24632Z was issued 2/3/98. 695 Shore Drive, Greenport; 1000-47-2-18~ (See action as filed with Town Clerk's Office and adopted during this meeting. ) 7:09 7:44 p.m. Appl. No. 4559 - CHRISTOPHER PLIACONIS. The Board reconvened the hearing (continued as requested by Ronald Hellman from 4/16). The applicant is requesting approval of an "as built" pool which exceeds the lot coverage limitation of the Zoning Code. Snug Harbor Road, Greenport. After receiving testimony, Motion was made by Chairman Goehringer, seconded by Member Member Collins, and duly carried, to close as a matter of fact at the next meeting. This Resolution was duly adopted. (4-0). 7:44 p.m. Appl. No. 4564 - BAYVIEW/SOUTH HARBOR, L.P. Variance under Article III, Section 100-33, based upon the February 10, 1998 Notice of Disapproval issued by the Building Inspector, to locate a proposed accessory garage in an R-80 Zone District in an area other than the required rear yard. Location of Property: Along the easterly Side of Page 4 - Minutes '~J Regular Meeting of May 14, 1998 Southold Town Board of Appeals South Harbor Road (also extending near the end of Grange Road), Southold; 1000-75-4-22.6 (formerly parcel of 22.4). A possible approval was expected to be adopted at the Board's next meeting. 7:56 8:06 p.m. T. PETIKAS. Carryover Hearings from March 23, 1998: Proposed two-family use on a 21,000+- sq. ft. parcel in this R-40 Residential Zone District. Location of Property: Corner of the Westerly Side of Sound Road and the Northerly Side of North Road (C.R. 48) (a/k/a Northerly End of Main Street), Greenport; 1000-35-1-8, which requires approval from the Board of Appeals for the following: a) Special Exception Application No. 4525 as provided by Article III-A, Section 100-30A.2 for a two-family use]occupancy; and b) Variance Application No. 4526 as provided under Section 100-31A.3 for the reason that the substandard lot size of 21,483 sq. ft. does not conform to the requirements for a two-family dwelling use in this R-40 Zone District; and c) fence in excess of four-ft, height limitation within or along front yard areas, based upon the building inspector's February 10, 1998 Notice of Disapproval, Article XXIII, Section 100-231. (Hearing held and concluded. ) A short break was taken at this time. continued with the public hearings. The Beard reconvened and 8:16 - 8:34 p.m. Appl. No. 4560 - ROBERT AND ANN SHANK. (Carryover hearing from April 16, 1998-for continuationS. 820 Fisherman's Beach Road, Cutchogue; 1000-111-1-19.1. (Hearing was held and concluded pending receipt of new figures and calculations for "cut-off" areas and another site visit by the Chairman. ) 8:34 p.m. Appl. No. 4547 - RIVERHEAD BUILDING SUPPLY. (Continued hearing from March 23, 1998). This is a request for a variance based upon the Building Inspector's January 2, 1998 Notice of Disapproval which reads as follows: 1) the proposed structure being located in an LIO District is permitted to have a msximum of 60 feet of frontage on one street. The proposed building is approximately 115 feet facing Rt. 25, Article XIII, Section 100-133C; 2) When fences are located in or along side and rear yards, they shall not exceed 6-1 [ 2 feet in height, pursuant to 100-231B .... " Location: 74610 and 74500 Mnin Road, Greenport; 1000-46-1-1 and 2.1, combined as a single lot. (Hearing was held and concluded.) Page 5 - Minutes ' J Regular Meeting of May 14, 1998 Southold Town Board of Appeals AGENDA ITEM III. DELIBERATIONS. applications heard earlier this evening. adopted. Board Members deliberated on the No action or resolution was DATE OF SPECIAL MEETING: The Chairman called a Special Meeting of the Board to be held on Tuesday, May 19, 1998 at 7:00 p.m. for carryover of agenda items which were not addressed this evening. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at approximately 9:42 p.m. Respectfully submitted, 5/~.9/98 .~erareved gr~ Filing / rd P. GOehringer, Chairman~//~]98 RECEIVED AND FILED BS' TIRE SOUTHOLD TOV{N CLE1Ri-. D:~ ~ //~/~ :OUR APPEALS BOARD MEMBERS Gerard ?. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lorn S.' Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 14, 1998 Appl. No. 4566 - FRANK BERTETTO PARCEL 1000-47-2-18 STREET & LOCALITY: 695 SHORE DRIVE, GREENPORT DATE OF PUBLIC HEARING: May 14, 1998 FINDINGS OF FACT PROPERTY FACT S/DESCRIPTION: The above-identified property fronts along the easterly side of shore Drive, Greenport, Town of Southold, and contain.q a total area of 9375 sq. ft. The April 25, 1998 survey prepared by Anthony ¥/~ Lewan- dowski, L.S. shows that the subject premises is improved with a one-story frame house. BASIS OF APPEAL: Building Inspector's April 7, 1998 Notice of Disapproval which reads as follows: nThe nas built" garage addition, being located on a non-conforming lot under 20,000 SCl. ft. in an R-40 Zone, is required to have side yard setbacks of 10 feet and cumulative of 25 feet pursuant to Article XXIV 100-244B. Building Permit #PA632Z was issued for the garage addition based on a survey submitted dated June 13, 1961 .... n AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by appHeant is to locate a 16 ft. by 26 ft. attached garage addition. The setback is proposed at 11'3" from the side property line, and the cumulative total of both sides yards is proposed at appreximately 21'4" for both sides. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because garages are a customary use in residential areas. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance due to the fact that the applicant has already built the foundation of the garage relying on a building permit issued by the building inspector. (3) The requested area variance is not substantial, representing a reduction of approximately 22% of the required setback from the side yard and approximately 15% of the total side yard requirements (for approximately 4-1/2 ft. total reduction). Page 2 - May 14', 19~ Appl. #4566 - 1000-47-2-18 (Bertetto) Southold Town Board of Appeals (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The situation has not been self-created because the applicant built the foundation relying on the building permit issued by the building inspector. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the eemmnnity. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, COLI.INS, AND HORNING. (Member Tortora abstained because she wants written reasons for action prepared before voting.') ~ved ~or Fi' g 5118198 AS400/txtlk/aetions.~ll/47-2-18 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio. Jr. Lydia A. Tortora Lora S.- Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 14, 1998 Appl. No. 4566 - FRANK BERTETTO PARCEL 1000-47-2-18 STREET & LOCALITY: 695 SHORE DRIVE, GREENPORT DATE OF PUBLIC HEARING: May 14, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property fronts along the easterly side of shore Drive, Greenport, Town of Southold, and contains a total area of 9375 sq. ft. The April 25, 1998 survey prepared by Anthony W. Lewan- dowski, L.S. shows that the subject premises is improved with a one-story frame house. BASIS OF APPEAL: Building Inspector's April 7, 1998 Notice of Disapproval which reads as follows: "The "as built" garage addition, being located on a non-conforming lot under 20,000 sq. 'ft. in an R-40 Zone, is required to have side yard setbacks of 10 feet and cumulative of 25 feet pursuant to Article XXIV 100-244B. Building Permit #24632Z was issued for the garage addition based on a survey submitted dated June 13, 1961 .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a 16 ft. by 26 ft. attached garage addition. The setback is proposed at 11'3" from the side property line, and the cumulative total of both sides yards is proposed at approximately 21'4" for both sides. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because garages are a customary use in residential areas. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance due to the fact that the applicant has already built the foundation of the garage relying on a building permit issued by the building inspector. (3) The requested area variance is not substantial, representing a reduction of apprexlmately 22% of the required setback from the side yard and approximately 15% of the total side yard requirements (for approximately 4-1/2 ft. total reduction). Page 2 - May 14, 19~ Appl. #4566 - 1000-47-2-18 (Bertetto) Southold Town Board of Appeals (4) ,The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The situation has not been self'created because the applicant built the foundation relying On the building permit issued by the building inspector. In considering thi.~ application, the Board deems .this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, COLLINS, AND HORNING. (Member Tortora abstolned, because she wants written reasons for, action prepared before voting,) This RESOLUTION WAS DULY ~ed ~o; Fi' o 5]18/98 A S400 ] txtik l ~actio ns. ail] 4 7- 2-18