HomeMy WebLinkAboutZBA-09/25/2003Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, SEPTEMBER 25, 2003
Southold Town Clef[
A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was
held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on
Thursday, September 25, 2003 commencing at 9:30 A.M.
Present were:
Lydia A. Tortora, Chairwoman
Gerard P. Goehringer, Member
George Horning, Member
Ruth D. Oliva, Member
Linda Kowalski, ZBA Confidential Secretary
Absent was: Vincent Orlando, Member
9:17 A.M. Chairwoman Tortora called the meeting to order.
The Board proceeded with the first item on the Agenda as follows:
DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. The
originals of each of the following applications were decided, with the original
determinations filed with the Southold Town Clerk:
Hearing concluded 7 / 24 / 03:
ZOUMAS CONTRACTING #5345 - Lot Waiver. Southold. BOARD RESOLUTION:
Motion was offered by Chairwoman Tortora, seconded by Member Goehringer to
reopen the hearing for new evidence that was not entered previously. Vote of the
Board: All. The Resolution was duty adopted (4-0). Member Orlando was absent.
APPROVED WITH CONDITIONS:
Michael Lehrhoff #5376
d. Severini #5302
APPROVED AS APPLIED:
d. Kelly #5373
Page 2 - Minutes
Regular Meeting held September 25, 2003
Southold Town Zoning Board of Appeals
DENIED WITHOUT PREJUDICE:
Mary Zupa #5266
S. Sachman #5302
DENY WITH ALTERNATIVE RELIEF WITH CONDITIONS:
Richard and Cheryl Corazzini #5348
Vote of the Board: All. The Resolution was duly adopted (4-0). Member Orlando was
absent.
PUBLIC HEARINGS: The following public hearings were held, with Chairwoman Tortora
introducing each application, and Member reading of the Legal Notice as published.
9:40 a.m. LOCKE MCLEAN #5388 Richard Lark, Esq. and Sarah McLean, co-
owner. This is a request for a Variance under Section 100-33, based on the
Building Department's December 17, 2002 Notice of Disapproval, concerning the
location of a proposed garage with greenhouse in an area other than the required
rear yard. Location of Property: Bounded on the east by Oriental Avenue and on
the south by The Gloaming Roadway, Fishers Island; Parcel 1000-10-10-5.
(Please see transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Tortora, seconded by Member Homing to recess the hearing to
December 18, 2003 at 9:30 a.m. for possible amended Notice of Disapproval.
Vote of the Board: All. The Resolution was duly adopted (4-0). Member Orlando
was absent.
9:56 a.m. JOHN CASILLO #5378, Gretchen Specht, Spectacular Pools. This is a
request for a Variance under Sections 100-30A.4 and 100-33C, based on the
Building Department's December 29, 2002 Notice of Disapproval concerning a
proposed swimming pool in a yard other than the required rear yard, at 360
Wiggins Lane, Greenport; Parcel 1000-35-4-28.33. (Please see transcript of
written statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Tortora, seconded by
Member Oliva, to close the hearing reserving decision. Vote of the Board: All.
The Resolution was duly adopted (4-0). Member Orlando was absent.
10:03 a.m. KENNETH and DOROTHY WOYCHUK #5379. This is a request for a
Variance under Section 100-33, based on the Building Department's March 25,
2003 Notice of Disapproval. Applicant is requesting an "as built" location of an
accessory (shed} building in area other than required rear yard, at 5807
Westphalia Avenue, Mattituck; Parcel 1000-113-12-6. (Please see transcript of
written statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Tortora, seconded by
Member Oliva, to close the hearing reserving decision. Vote of the Board: All.
The Resolution was duly adopted (4-0). Member Orlando was absent.
10:10 a.m. KYLE and LISA MCCASKIE #5385. This is a request for a Variance
under Section 100-231, based on the Building Department's April 17, 2003 Notice
of Disapproval concerning a proposed fence which will exceed the code's four ft.
Page 3 - Minutes
Regular Meeting held September 25, 2003
Southold Town Zoning Board of Appeals
height limitation when located along the front yard, at 1925 Harbor Lane,
Cutchogue; Parcel 1000-136-1-12. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Member
Homing, to close the hearing reserving decision. Vote of the Board: All. The
Resolution was duly adopted (4-0). Member Orlando was absent.
10:21 a.m. THOMAS and BEVERLY CHRISTIANSON #5387. This is a request
for a Variance under Sections 100-242A and 100-244, based on the Building
Department's May 22, 2003 Notice of Disapproval concerning a proposed addition
and alterations to an existing single family dwelling with a front yard setback at
less than 35 feet, at 7065 New Suffolk Road, New Suffolk; Parcel 117-5-30.
(Please see transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Tortora, seconded by Member Oliva, to withdraw this application per
applicant's 9/22/03 letter. Vote of the Board: All. The Resolution was duly
adopted (4-0). Member Orlando was absent.
10:22 a.m. LAURENCE AND BETTY ANN RUBINOW #5386. Stephen Ham, Esq.,
Mr. Cope, Architect for applicant. This is a Request for a Variance under Section
100-244B, based on the Building Department's May 19, 2003 Notice of
Disapproval, amended May 21, 2003, concerning a proposed addition to the
existing dwelling with front yard setback at less than 40 feet, at Munnatawket
Road, Fishers Island; Parcel 1000-6-3-3. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Tortora, seconded by
Member Oliva, to adjourn the hearing to November 20, 2003 for submission of
new plan. Vote of the Board: All. The Resolution was duly adopted (4-0).
Member Orlando was absent.
10:51 a.m. RESOLUTION (BREAK): Motion was offered by Member Goehringer,
seconded by Member Oliva, to take a short recess. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Member Orlando was absent.
11:03 a.m. RESOLUTION (RECONVENE): Motion was offered by Member
Goehringer, seconded by Member Oliva, to reconvene the meeting. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0). Member Orlando was
absent.
PUBLIC HEARINGS continued from above: The following public hearings were held, with
Chairwoman Tortora introducing each application, and Member reading of the Legal
Notice as published:
11:03 a.m. ELLEN D. ZIMMERMAN #5391. This is a request for a Variance
under Sections 100-242A and 100-33, based on the Building Department's July
29, 2003 Notice of Disapproval concerning a proposed breezeway-type addition to
attach the existing garage to the existing dwelling, at 500 South Lane, East
Marion; CTM 1000-38-6-11. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Member
Oliva, to close the hearing reserving decision. Vote of the Board: All. The
Resolution was duly adopted (4-0). Member Orlando was absent.
Page 4 - Minutes
Regular Meeting held September 25, 2003
Southold Town Zoning Board of Appeals
11:10 A.M. DANIEL DENN #5221. (Applicant's car broke down and unable to
attend). BOARD RESOLUTION: Motion was offered by Chairwoman Tortora,
seconded by Member Homing, to adjourn to 10/23/03 at 9:30 a.m. Vote of the
Board: All. The Resolution was duly adopted (4-0). Member Orlando was absent.
11:11 a.m. ANDREW and LOIS McGOWAN #5384. Amy Martin for the applicant.
This is a request for a Variance under Section 100-30A.3, based on the Building
Department's May 14, 2003 Notice of Disapproval concerning a proposed garage
addition to the existing single family dwelling with a front yard setback at less
than 50 feet, at 13350 New Suffolk Avenue, Cutchogue; Parcel 1000-116-6-19.2.
(Please see transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Tortora, seconded by Member Homing, to close the hearing
reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-
0). Member Orlando was absent.
RESOLUTIONS/UPDATED REVIEWS/OTHER:
Chairwoman Tortora confirmed Special Meeting: October 9h at 6:00 p.m.
(Agenda items include public hearings adjourned from previous new
application calendars, and continued work reviews of other new files for future
calendars, and possible deliberations/possible decisions on pending carryover
applications.) Noted carryovers for open hearings: 6:45 p.m. Gulmi-Braver.
B. New business - None.
RESOLUTION ADOPTED: Motion was offered by Chairwoman Tortora,
seconded by Member Horning to authorize advertisement of new applications
for October 23, 2003 public hearings in the official newspaper. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0). Member Orlando
was absent.
11:45 A.M. RESOLUTION (LUNCH): Chairwoman Tortora offered Motion,
seconded by Member Oliva, to take a recess. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Member Orlando was absent.
1:03 P.M. RESOLUTION (RECONVENE): Motion was offered by Member Oliva,
seconded by Chairwoman Tortora, to reconvene the meeting. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Orlando was absent.
PUBLIC HEARINGS continued from above: The following public hearings were held, with
Chairwoman Tortora introducing each application, and Member reading of the Legal
Notice as published:
1:03 p.m. JASON TAGGART #5389. Douglas Penny, Esq. This is a request for Lot
Waivers under Section 100-26 to unmerge a vacant land area of 13,750+- sq. ft.,
referred to as CTM 1000-78-3-29 from a area, from an improved lot of 12,650 sq.
ft. referred to as 1000-78-3-28. Based on the Building Department's May 23,
2002 Notice of Disapproval, the properties have merged under Section 100-25 due
to common ownership with the first lot at any time after July 1, 1983. Zone
District: A/C Agricultural-Conservation. Location of Property: 815 Wabasso
Page 5 - Minutes
Regular Meeting held September 25, 2003
Southold Town Zoning Board of Appeals
Road, Southold; CTM 1000-78-3-29. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Member
Oliva, to close the hearing reserving decision. Vote of the Board: All. The
Resolution was duly adopted (4-0). Member Orlando was absent.
1:30 p.m. ALDO BLASKOVIC//5380. Larry Liso, Builder; Dan Ross, Esq., for
opposition. This is a request for a Variance under Section 100-244, based on the
Building Department's May 14, 2003 Notice of Disapproval concerning a proposed
addition and alterations with a setback of less than the code requirement of 15
feet at 525 Blue Marlin Drive, Greenport; Parcel 57-1-23. (Please see transcript of
written statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Tortora, seconded by
Member Oliva, to adjourn the hearing to November 20, 2003 for alternate plan.
Vote of the Board: All. The Resolution was duly adopted (4-0). Member Orlando
was absent.
1:54 p.m. STANLEY MALON #5383. P. Moore, Esq. for applicant. This is a
request for a Variance under Sections 100-102 and 100-103C, based on the
Building Department's May 20, 2003 Notice of Disapproval concerning new
construction for a multiple-use building with less than 30,000 sq. ft. per use and
with a building frontage greater than 60 linear feet, at 432745 Main Road,
Cutchogue; Parcel 1000-97-5-4.5. Zone District: B-Business. (Please see
transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Tortora, seconded by Member Horning, to adjourn the hearing to December 18,
2003. Vote of the Board: All. The Resolution was duly adopted (4-0). Member
Orlando was absent.
3:03 p.m. RESOLUTION (BREAK): Motion was offered by Chairwoman Tortora,
seconded by Member Oliva, to take a short recess. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Member Orlando was absent.
3:08 p.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman
Tortora, seconded by Member Homing, to reconvene the meeting. Vote of the
Board: Ayes: All. This Resolution was duly adopted (3-0). Members Orlando and
Goehringer were absent.
PUBLIC HEARINGS continued from above: The following public hearings were held, with
Chairwoman Tortora introducing each application, and Member reading of the Legal
Notice as published:
3:08 p.m. JAMES BOOMER #5392. This is a request for a Variance under
Section 100-33A, based on the Building Department's March 26, 2002, Notice of
Disapproval, amended June 9, 2003 concerning the height of a proposed
accessory garage exceeding the code limitation of 18 feet, at 800 Saltaire Way,
Mattituck; CTM 1000-100-1-33. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Member
Oliva, to close the hearing reserving decision. Vote of the Board: All. The
Resolution was duly adopted (4-0). Member Orlando was absent.
Page 6 - Minutes
Regular Meeting held September 25, 2003
Southold Town Zoning Board of Appeals
3:27 p.m. RAYMOND and AGNES COMBS #5393 by Mark Schwartz, Architect;
Mark Lowenstein, opposition. This is a request for Variances under Sections 100-
242A, 100-244, and 100-33, based on the Building Department's Notice of
Disapproval amended July 17, 2003, concerning proposed additions to the
dwelling with side yards at less than 15 on one side and 20 feet on the other side,
for a total at less than 35 feet when combined; and existing location of the as-
built shed at less than five (5) feet from the property line. Location of Property:
6525 Indian Neck Lane, Peconic; Parcel #86-6-24. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Tortora, seconded by
Member Oliva, to adjourn the hearing to October 9, 2003 at 6:30 p.m. Vote of the
Board: All. The Resolution was duly adopted (4-0). Member Orlando was absent.
3:39 p.m. GERALD J. DIEFFENBACH, JR. and CRAIG RAIA #5396 by Reg Weile,
Architect. This is a Request for a Variance under Section 100-242A and 100-244,
based on the Building Department's June 20, 2003 Notice of Disapproval
concerning proposed new construction with front and rear yard setbacks at less
than 35 feet, and side yard at less than 10 feet. Location of Property: 2175 Hyatt
Road, Southold; Parcel #54-1-32. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Member
Oliva, to close the hearing reserving decision. Vote of the Board: All. The
Resolution was duly adopted (4-0). Member Orlando was absent.
3:42 p.m. NORAH BISCHOFF and JANE WINSCH #5398 by Mark Schwartz,
Architect. This is a Request for a Variance under Section 100-242A and 100-244,
based on the Building Department's June 13, 2003 Notice of Disapproval,
concerning a proposed addition to the existing dwelling with side yard setbacks at
less than 10 feet on one side and less than 15 feet on the other side, and a
combined side yard total of less than 25 feet. Location of Property: 425 King
Street, Orient; Parcel #26-1-28. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Member
Oliva, to close the hearing reserving decision. Vote of the Board: All. The
Resolution was duly adopted (4-0). Member Orlando was absent.
3:45 p.m. FREDRICK and ANTONIA VONZUBEN #5399 by P. Moore, Esq. This is
a Request for a Variance under Section 100-33C and 100-244, based on the
Building Department's Notice of Disapproval amended June 23, 2003, concerning
an Was built" arbor structure at less than 40 feet from the front lot line after
attaching it to the existing accessory garage, at 1125 North Sea Drive, Southold;
Parcel 54-4-13. (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
offered by Chairwoman Tortora, seconded by Member Oliva, to close the hearing
reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-
0). Member Orlando was absent.
3:55 p.m. VICTOR CATALANO #5321. This is a request for a Variance under
Section 100-30A.2, based on the Building Department's February 3, 2003 Notice
of Disapproval concerning a proposed garage on a vacant lot adjacent to the
southerly residence of the applicant. Location of Property: 2650 Peconic Bay
Boulevard, Laurel; Parcel 1000-128-6-13.4 {Please see transcript of written
Page 7 - Minutes
Regular Meeting held September 25, 2003
Southold Town Zoning Board of Appeals
statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Tortora, seconded by
Member Oliva, to adjourn without a date for alternate plan or amended Notice of
Disapproval or submission of new application. Vote of the Board: All. The
Resolution was duly adopted (4-0). Member Orlando was absent.
There being no other business properly coming before the Board at this time,
Chairwoman Tortora declared the meeting adjourned. The meeting was adjourned at
4:12 P.M.
Incl~ by Referer~e: Filed ZBA Decisions (6)
k.j~lie Kanes Weisman, Chairperson
Approved for Filing
Resolution Accepting for Filing
(o~alsk].submitted'
MAR 1 7 2010
Southold ?own Clef[