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HomeMy WebLinkAboutZBA-08/22/2002Office 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 SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, AUGUST 22, 2002 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, August 22, 2002 commencing at 6:30 P.M. Present were: Gerard P. Goehringer, Chairman/Member Lydia A. Tortora, Member (8:45 p.m. to end) George Homing, Member Ruth D. Oliva, Member Vincent Orlando, Member Linda Kowalski, ZBA Confidential Secretary 6:34 P.M. Chairman Goehringer called the meeting to order with the Pledge of Allegiance. The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Orlando, to declare the following Declarations: Type II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: THOMAS and KAREN HELINSKI #5153 JOHN and ELLEN KNOUD #5152 HARRY and SANDRA HURLBURT #5159 CHESTER and MARY BERRY #5154 DAVID THOMPSON #5162 DOUGLAS DEFEIS #5143 RONALD WINKLER, ELLIOTT STONE, GAIL DOROSKI #5148 MICHAEL BRAVERMAN and MARK STEFURAK #5157 JOSEPH FERRARA #5151 ELIZABETH MACNISH and MARK MACNISH #5172 and #5161 PETER H. and CAROL A. MILLER #5176 Page 2 - Minutes Regular Meeting held August 22, 2002 Southold Town Zoning Board of Appeals Unlisted Declarations with Negative Effect on the Environment: T. and A. LAOUDIS #5150 Others pending site plan review or other agency reviews: SEQRA Determination by PB (received 7/12) Re: Appl. #4942 - Breezy Sound Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. II. PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each apphcation, and Member reading of the Legal Notice as published: 6:35 p.m. Appl. No. 5153 - THOMAS AND KAREN HELINSKI. This is a request for a Variance under Section 100-33, based on the Building Department's March 8, 2002 Notice'of Disapproval, for accessory garage proposed in a front yard location, in part, on this corner lot with two front yards. Location of Property: 60 Apple Court, Southold Villages Lot 15, Southold; Parcel 70.-1-6.8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 6:45 p.m. Appl. No. 5152 - JOHN AND ELLEN KNOUD. This is a request for a Variance under Section 100-242A and 100-244, based on the April 18, 2002 Notice of Disapproval, for a proposed addition to dwelling at less than 50 feet from the rear lot line. Location of Property: 7675 Bay Avenue, Cutchogue; Parcel 10.-4-26. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Ohva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 6:52 p.m. Appl. No. 5159 - HARRY AND SANDRA HURLBURT by S. Ham, Esq. This is a request for Variances under Section 100-242A and 100-244, based on the Building Department's May 6, 2002 Notice of Disapproval for proposed additions and alterations to the existing nonconforming single-family dwelling, for the reason that the new construction will not meet the code's minimum 75 ft. rear yard setback. Location of Property: East End Road, Fishers Island, bounded north by Walker, east by Sorenson, west by Spofford; County Parcel No. 3-2-10. BOARD RESOLUTION: (Please' see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 6:56 p:m. Appl. No. 5154 - CHESTER AND MARY BERRY. This is a request for a Variance under Section 100-33, based on the Building Department's April 22, 2002 Notice of Disapproval, for the location of an existing above ground swimming pool/hot Page 3 - Minutes Regular Meeting held August 22, 2002 Southold Town Zoning Board of Appeals tub construction located as-bm]t, partly in a side yard. Location of Property: 3460 Westphalia Road, Mattituck; Parcel 114. -1-10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 7:02 p.m. Appl. No. 5162 - DAVID THOMPSON by Jeff Butler. This is a request for a Variance under Section 100-30A.3 and Bulk Schedule, based on the April 4, 2002 Notice of Disapproval, for a mezzanine height, determined by the Building Department to be greater than 2 ½ stories code limitation. Location of Property: 1400 Soundview Avenue, Orient; Parcel 15.-3-22. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 7:19 p.m. Appl. No. 5143 - DOUGLAS DEFEIS by Douglas and Lydia Defeis. This is a request for Variances under Sections 100-239.4B and 100-244B, based on the Building Department's April 3, 2002 (2001) Notice of Disapproval to locate new dwelling construction at less than 75 feet from the bulkhead. Location of Property: 1165 Cedar Point Drive West, Cedar Beach Lot 135, Southold; Parcel 90.-1-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.)'i After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board:' Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent: 7:35 p.m. Appl. No. 5148 - RONALD WINI~I,ER, ELLIOTT STONE, GAIL DOROSKI by Jennifer Gould, Esq. This is a request for a Waiver under Section 100-26 to unme~e a vacant lot referred to as Parcel 67-4-20.5 of 7,320 sq. ft., from a merged parcel of 18,895 sq. ft. referred to as No. 67-4-20.4 and 20.3 (combined as one). This property is located in Peconic Shores. Location of Property: 110 Second Avenue and Butris Avenue, Peconic; Parcel Nos. 67-4-20.5, 20.3 and 20.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 8:15 p.m. Appl. No. 5157 - MICHAEL BRAVERMAN AND MARK STEFURAK by Jim Fitzgerald. This is a request for a Variance under Sections 100-242A and 100-244, based on the Building Department's April 4, 2002 Notice of Disapproval, for proposed additions/alterations at less than 35 feet from the rear lot line. Location of Property: 2755 Cedar Beach Road, Southold; Parcel 91.-1-1. BOARD RESOLUTION: (Please see traixscript of written statements prepared under separate cover.) After receiving tostim0hy, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 8:18 p.M. Appl. No. 5151 - JOSEPH FERRARA by P. Moore, Esq. This is a request for a Variance under Section 100-62, based on the Building Department's March 13, 2002 Notice of Disapproval concerning alterations to an existing single-family dwelling in Page 4 - Minutes Regular Meeting held August 22, 2002 Southold Town Zoning Board of Appeals the RR: Zone District. The reason the building permit application was disapproved is that the Building Department determined the as-built construction does not conform to the: code hmitation of 2½ stories. Location of Property: 2170 Maple Lane, Greenport; Parcel 38.-8-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 8:45 p.m. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded by Member Oliva, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortera was absent. 8:50 p.m. RESOLUTION (RECONVENE): Motion was offered by Member Ohva, seconded by Chairman Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 8:50 p.m. Member Tortora arrived. PUBLIC HEARINGS, CONTINUED FROM II, above: The following pubhe hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 8:51 p:m. ELIZABETH MACNISH AND MARK MACNISH by G. Strang, R.A. and Mrs. Macnish. Location of Property: 35995 Main Road, Cutchogue; Parcel 97.-1-21. Appl. No. 5172 - This is a request for Variances under Sections 100-242A and '100-244B, based on the Building Department's December 17, 2001 (June 7, 2002) Notice of Disapproval for proposed additions/alterations, proposed at less than 10 feet on a single side yard, less than 25 feet for total combined side yards, and front setback at less than 35 feet. The dwelhng is existing with nonconforming front yard setback. 'Appl. No. 5161 - This is a request for a Special Exception under Section 100-31B to establish an Accessory Bed and Breakfast Use with three guest ;rooms, for up to six (6) transient guests, in the owner's existing residence. BOARI'~ RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close the hearing, reserving decision pending receipt of information on front yard setback. Vote of the Board: Ayes: All. This Re~olution was duly adopted (5-0). 9:13 p.m. Appl. No. 5176 - PETER H. AND CAROL A. MILLER. This is a request for a Variance under Section 100-244B, based on the June 6, 2002 Notice of Disapproval, for proposed additions and alterations to the dwelling. The front yard is proposed at ]ess than 40 feet; the existing setback is nonconforming at 6.5+/-feet. Location of Property: 10575 Main Road, East Marion; Parcel 31.-4-16.5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Page 5 - Minutes Regular Meeting held August 22, 2002 Southold Town Zoning Board of Appeals Member Horning, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:24 p.m. Appl. No. 5150 -T. AND A. LAOUDIS by P. Moore, Esq., Mr. Mendlebaum, opposition. This is a request for a variance under Section 100-231, based on the April 20, 2002 Amended Notice of Disapproval, for two stone wall entry gates at a height above the code limitation of four feet, when located in the front yard. Location: 635 Kimberly Lane, Southold; Parcel 70.-13-20.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to recess the hearing to September 5, 2002. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:45 p.m. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded by Member Oliva, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:50 p.m. RESOLUTION (RECONVENE): Motion was offered by Member Oliva, seconded by Chairman Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:50 p.m. Appl. No. 5084 - 640 CHURCH ST LLC_by Tom McCarthy, McCarthy Management and G. Chituk; Rev. Fulford, Pastor, Regina Seltzer, Esq., representing residents and others, opposition. This is a request for Variances under Section 100- 235A. L 100-143A and 100-142, and New York Town Law Section 280-a, based on the Building Department's January 10, 2002 Notice of Disapproval, concerning a new building proposed in the Light-Industrial Zone District: (1) with a building frontage (width) greater than 60 ft. long, (2) at less than 70 feet from the rear lot line, (3) for a determination of minimum specifications for safe access by fire and emergency vehicles to this lot without frontage on a town street; and (4) with a setback of less that 100 feet from the right-of-way. Property Location: 640 Church Lane, Cutchogue; Parcel 96.-1- 11.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to recess the hearing to October 3, 2002. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). III. DELIBERATIONS/DECISIONS: The Board dehberated on the following applications. The originals of'each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: RESOLUTION ADOPTED: A~vl. No.5099 - MATTITUCK HISTORICAL SOCIETY. Motion ~vas offered by Chairman Goehringer, seconded by Member Horning and duly carried,; to withdraw application without Prejudice, in accordance with applicants request. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). ;APPROVED WITH CONDITIONS ROBERT and MARYANN SKLOBICKI #5155. Page 6 - Minutes Regular Meeting held August 22, 2002 Southold Town Zoning Board of Appeals IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: Chairman Goehringer confirmed the next Special Meeting 6:00 PM to be held on Thursday, September 5, 2002, Town Hall Annex, NFB Second Floor Executive Board Room. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Oliva, and duly carried, to confirm inspections and hearings on new applications for September 19, 2002 at 6:15 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED re: BREEZY SOUND SHORES: Motion was offered by Chairman Goehringer, seconded by Member Tortera, and duly carried to advertise and calendar for October 19, 2002, Public Hearing subject to Town Board or Town Attorney responding to Moratorium question. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). There being no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 11:50 P.M. Inclu e:' ecision / G.~r~d P. Goehringer, ~'hai~-- ~././Approved for Filing t~ Respectfully submitted, ~Linda Kowalski (1) RECEIVED .'OCT 2 6 2009 C er. Chairman Lydia A. Tortora George Homing Ruth D, Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Ma'm Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (63i) 765-9064 Telephone (631} 765-1809 http://southoldt own.northfork ,net FINDINGS, DELIBERATIONS AND DETERMINATION - MEETING OF AUGUST 22, 2002 Appl. No. 5155 - Robert B. and Mary Ann Skoblioki Property Location: ,~.2110 Oaklawn Avenue, Southold; 1000-70-2-25.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in 'this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned as an accessory use. PROPERTY DESCRIPTION: This propert~ contains 44,098 sq. ft. in total land area and has 257.39 ft.'frontage along the west side of Oaklawn Avenue in Southold. The property is improved with a two-story dwelling which is maintained and used as a single-family dwelling by the owners/applicants. The house is 50.3 feet from the front property line and 77.8 feet from the rear property line, as shown on the survey dated October 3, 2001 prepared by Joseph A. Ingegno, L.S. FINDINGS OF FACT The Zoning Board Of Appeals held a public hearing on this appl!cation on July 25, 2002, at which time written and oral evidence was presented and factors found to be true and relevant, as submitted. REQUEST MADE BY APPLICANT: This is a request under Article III, Section 100- 30A.2B and 100-31B, sub-sections 14a-d of the Southold Town Zoning Code (amended 2-7-9). Applicant-owner is requesting an Accessory Bed and Breakfast, accessory to the owner's occupancy in this single-family dwelling, with up to three (3} bedrooms for lodging and serving of breakfast to not more than six (6) casual, transient roomers. REASONE/FOR BOARD ACTION, DESCRIBED BELOW: After hearing testimony, reviewing submitted materials and making personal inspection of the property, the Board has considered the general standards set fourth in Code Section 100-263, and finds and determines the following, 1) This use as requested is reasonable in relation to the District in which is located, adjacent Use districts, and nearby and adjacent residential uses. A-The proposed bed & breakfast accessory use will not prevent the orderly and reasonable use of adjacent properties, or properties in adjacent user districts, or of permitted or legally established uses in its zoning district or adjacent use districts. Page 2 - August 22. 2002 Appl. No. 5155- R. and M. Sklobicki 70-2-25.1 at Southold B-The safety, heath, welfare, comfort, convenience and order of the town will not be adversely affected .by the proposed accessory Bed and Breakfast use and its ocation. C-The structure will be readily accessible for fire and police protection. D-The proposed use will be in harmony wth, and promote t,he general purpose and intent of, the zoning Code and will be compatible with its surroundings and with the charecter of the neighborhood 'and of the community in general. 2) The Special Exception is for approval of the Bed and Breakfast as an accessory use incidental to the applicant-Owner's residence in this dwel!ing; and will not prevent the Orderly and reasonable use of adjacent pr0per~ies .~nd the use has adequate parking:and available open space. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected by this accessory use. This accessory use is subject to further review by the Building Department under the New York State Fire and Building Codes (which is not in the jurisdiction of the Board of Appeals). 5) Thais accessory use is an authorized zoning use subject to a Special Exception review and approval by the Board of Appeals and a Certificate for Occupancy from the~Building Inspector for other safety and health regulations. 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: In considering all of the above factors, the following action was taken: On motion by Member Orlando, seconded by Member Homing, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described above, SUBJECT TO THE FOLLOWING CONDITIONS: Page 3 ,-August 22, 2002 A~ppl. No. 5155- R, and M. Sklobicki 70-2-25.1 at Southold 1) A minimum of five (5) parking spaces shall be on-site on this property (three for the Bed and Breakfast Use and two for the single-family dwelling). 2) Applicant-Owner shall occupy the dwelling as their principal residence, and shall obtain a Certificate of Occupancy or ComplianCe ~from the Building Department before occupancy of the building as a new Accessory Bed and-Breakfast, 3) This Authorization by the Board of Appeals is solely for an /~ccessory Bec[ and Breakfast and does not include use of the property and buildings for any other use or purpose. 4) l~he °Wne~*~applicant shall, obtain a B&B permit from the Town of $outhold 13~uilding Departmertt as required by, Code Section 100- 31(b)(14). $) Tfiere shall be no backing out of cars onto Oaklawn,Avenue. 6) Tfiere shall be a flexible chain ladder placed next to each guest bedroom window for emergency purposes, VOTE OF THE BOARD: Ayes: Mem~J3er-~Goehr~ (Chairman), Tortora, Homing, and Orlando.~ ,(Member Oliva.~abs~ained.~Vor t~e~reaso, h t..b~sh~e was absent at the 8/22 public hearihg.) This R~ution w~'~ury/~dopt.~/~.)~//~ · /