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HomeMy WebLinkAboutZBA-10/15/1998APPEALS 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 BOARD Of APPEALS REGULAR MEETING THURSDAY, OCTOBER 15, 1998 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 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, October 15, 1998 commencing at 6:15 p.m. Present were: 6:15 p.m. Gerard P.Goehdnger, Chairman James Dinizio, Jr. Member Lydia A. Tortora, Member George Homing, Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA Chairman Gerard P. Goehringer called the meeting to order. AGENDA ITEM I: The Chairman proceeded with the first item on the Agenda as follows: SEQRA - Motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to declare the following categories under the State's List of Actions: TYPE II Appl Appl. Appl. Appl. Appl. Appl. Appl. Appl. Declarations for the follow nfl applications' No. 4608 - BERYL E. CAFFREY. Two accessory build rigs. No. 4610 - D. GAROFALO - Accessory structure No. 4612 - D. BURNHAM - Two lot waiver requests. No. 4613 - YANS & FRANCOISE RIEGER. Dwel ng/existin~ building No. 4615 - P. CHAZAN and B. BOYD - fence height No. 4616 - C. MAGGIO No. 4620 - GEORGE STARKIE, JR. No. 4622 - EDWARD AND JUDY DART. Unlisted Action Negative Declarations for the followinq: Appl. No. 4625 - THOMAS JEROME & ORS. Two-family use issue. Appl. No. 4618 - V. MANAGO - nonconformin.~ _~uest use issue. Appl. No. 4614 - R. BOARDMAN - lot coverage variance. Other Review completed under SEQRA (recently declared by Planning Board as Lead Agency for Laurel Links project). Page 2 - Minutes October 15, 1998 Regular Meeting Southold Town Board of Appeals Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS' The following public hearings were held, and except as noted below, testimony was received and the verbatim portion of the record concluded at the end of discussion. Please see written Transcript of hearing discussions, available under separate cover. 6:18 p.m. (Third hearing) Appl. No. 4611 -Building Inspector G. Fish, requesting an Interpretation (Town-Wide) to answer the question: "Does a radio tower and antenna fall under the Provisions of "Wireless Communications" Article XVI of the Southold Town Zoning Code, when it is intended for the pdvate use of an owner who operates a VHF Radio under a License issued to him/her by the FCC for the purpose of communicating, all as part of his/her business, when located in a Light-Industrial Zone District?" Building Inspector Gary Fish appeared and spoke in behalf of his request for a Town-Wide Interpretation. Also speaking was Chades Cuddy, Esq., attorney for Martin Rosen. 6:53 p.m. Appl. No. 4606 - THOMAS AND MOIRA MASTRO. This is a Request for a Variance under Article XXIII, Section 100-239.4B (Zoning) (based upon the Building Inspector's July 29, 1998 Notice of Disapproval), for permission to extend fence which would be at less than 75 feet from the owner's bulkhead, or along owner's bulkhead, at 6760 Great Peconic Bay Boulevard, Laurel, NY; Parcel 1000-126-11-3.1. Mr. Mastro spoke in behalf of his application. 6:58 p.m. Appl. No. 4593 - Z. SVATOVIC (OWNER: ALICE KELLY). A Vadance is requested under Article XXIV, Section 100-244B (Zoning) for placement of a new dwelling with proposed insufficient rear yard setback (less than the required 35 feet). Note: Art. XXIII, Sec. 100-232A, comer-lot front yards are required from both roads and one yard other than the front shall be deemed a rear yard and the other a side yard. 12355 New Suffolk Avenue, Cutchogue; 1000-116-2-5. Mr. Svatovic gave Affidavits of posting and mailing and spoke regarding his application: Speaking against the project were Mrs. Gillan, Mrs. Truglia, and M4r. Truglia, abutting property owners. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to recess this headng to the December 10, 1998 calendar near the end of the calendar. 7:25 p.m. Appl. No. 4608 - BERYL E. CAFFREY. Variance is requested under Article Ill-A, Section 100-33C (100-30A.4) (Zoning) to locate a proposed new garage and tool shed in an area other than the required rear yard (ref: August 12, 1998 Disapproval of Building Permit Application). Location of Property: 520 Cedar Drive, Mattituck, NY; Parcel 1000-106-10-24.1 Zone District: R-40 Residential. Applicant's contractor, Bill Kelly appeared and spoke in support of the application. The Board delibere~ed and voted to approve the application as applied for. Please see official Findings Page 3 - Minutes October 15, 1998 Regular Meeting Southold Town Board of Appeals and Determination filed with the Town Clerk's Office, a copy of which is attached hereto as though fully written and set forth herein. 7:28 p.m. Appl. No. 4610- D. GAROFALO. This is a request for a Variance under the Zoning Code, Article IliA, Section 100"30A.4 (100"33C) for permission to locate accessory swimming-pool structure in an area other than the required rear yard, at 1045 Koke Ddve, Southold, NY; Parcel 1000-87-5-16. The applicant's pool contractor, ChdS Barthman, and Mr. Garofalo both spoke in support of this application. 7:44 p.m. Appl. No. 4612 - D. BURNHAM. Requests for (a) Lot Waiver for 1000-10-4-7.1 with recognition as a single lot under Article II, Section 100-26, apart from Parcels 1000-10-4-7.8; 7.2, 7.3, 8; and (b) Lot Waiver for 1000-10"4.9.3 with recognition as a single lot under Article Section 100-26, apart from Parcels 1000-10-4-9.4, 9.2, 7.1. This property is shown on the filed "Plan of Peninsula at Fishers Island," located at Darbies Cove, Private Road (extending off the north side of Pennisula Road, Fishers Island, NY. Stephen L. Ham III, Esq. spoke in behalf of the application. 8:03 - 8:11p. m. A short break was taken. The Board reconvened at8:11 p.m. Public Hearings, continued- 8:12 p.m. Appl. No. 4613- HANS AND FRANCOISE RIEGER. This is a request, based upon the Building Inspector's August ~0, 1998 Notice of Disapproval, for a Vadance under Article III, Section 100-32, Bulk Schedule, of'the Zoning Code to alter, renovate and convert an existing histodc windmill storage building, from non-habitable use to habitable use, utilizing the existing windmill nonconformity and location. Location of Property: 2615 Platt Road, Odent, NY; also shown as Lot I on the Map of "Settlers at Oysterponds;" Parcel No. 1000-27-2-2.1. Zone: R-80 Residential. Mr. Hans Reiger spoke in behalf of his application. 8:23 p.m. Appl. No. 4614 - R. BOARDMAN. This is a request for a Variance under Article III, Section 100-30A.3 (100"244B), Zoning Code Bulk Schedule (based upon the Building Inspector's August 25, 1998 Notice of Disapproval), for a proposed deck addition which will exceed the 20% limitation for total lot coverage. Location of Properzy: 690 Village Lane, Orient, NY; Parcel ID: 1000-25-1-13. Existing lot size is 9,626+- sf. Mr. Boardman appeared and spoke in behalf of his request. 8:30 p.m. Appl. No. 4615 - P. CHAZAN and B. BOYD. This is a request for a Variance (based upon the Building Inspector's July 30, 1998 Notice of Disapproval), Article XXIII, Section 100- 231 (Zoning) for placement of a proposed fence which will exceed the four ft. height limitation when located in or along a front yard. Location of Property: 280 Sundse Way, Southold, NY; also shown as Lot 177 on the Map of "Cedar Beach"; Parcel 1000-91-1-13. Paul Chazan, Esq. spoke in behalf of his application. The Board requested measurements to be submitted by the applicant as early as possible, before the Board renders its decision. Mr. Chazan agreed. Page 4 - Minutes October 15, 1998 Regular Meeting Southold Town Board of Appeals 8:38 p.m. Appl. No. 4616 - C. MAGGIO. This is a request (based upon the Building Inspector's August 7, 1998 Notice of Disapproval) for a Variance under Article XXIV, Section 100- 244B (Zoning), for a proposed deck addition to existing nonconforming dwelling with a reduced front yard setback at 1350 Bailie Beach Road, Mattituck; Parcel 1000-99-3-11.9. Mrs. Maggio and her contractor (Michael) spoke in behalf of their application. The applicant confirmed the size to be 10x26.5 ft. with a 10" railing. ' 8:46 p.m. Appl. No. 4620 - GEORGE STARKIE, JR. This is a request for a Vadance (based upon the Building Inspector's August 28, 1998 Notice of Disapproval), Article XXIII, Section 100- 239.4B (Zoning) for a Variance to locate an accessory storage building in the rear yard with a setback of less than the required 75 ff. from existing bulkhead. Location of Property: 630 Tarpon Ddve, Greenport, NY; Parcel 1000-57-1-7; also referred to as Lot 39 on the "Map of Southold Shores." Mr. Starkie appeared in behalf of his application and confirmed there would be no electdc planned, for now anyway, in the accessory storage building. 8:49 p.m. Appl. No. 4622 - EDWARD AND JUDY DART. This is a request for Variance(s) to consider the grant ng of proposed area, depth and width of proposed Lot "A' with less than 40,000 sq. ft., lot depth at less than 250 feet, and lot width as exists along Peconic Lane at less than 175 ft., for proposed Lot "A" in this proposed subdivision (or set-off) (and based upon the Building Inspector's September 1, 1998 Notice of Disapproval). Location of Property: South Side of C.R. 48 (a/k/a Middle Road or North Road), and along the East Side of Peconic Lane, Peconic; Parcel 1000- 74-3-15. containing 2.012 acres total. Zone: R-40. Mr. Edward Dart spoke in behalf of his application. 8:58 p.m. Appl. No. 4625 - THOMAS JEROME & ORS. This is a Request (based upon the Building Inspector's July 14, 1998 Notice of Disapproval) requesting a Review and Reversal of the Building Inspector's July 14, 1998 Notice of Disapproval for two-family dwelling use (instead of non- habitable single-family dwelling use). Location of Property: 48220 Main Road, Southold, NY; Parcel 1000-69-6-7. R-80 Res. Patricia Moore, attorney for the Jerome family, spoke in support of this application. Daniel Jerome was also present and spoke in behalf of the application. 9:16 p.m. Appl No. 4618 - V. MANAGO. This is a request (based upon the Building Inspector's August 7, 1998 Notice of Disapproval) for a Vadance under Article XXIV, Section 100- 241 (Zoning), for permission to construct an addition anct alteration to existing accessory building with a nonconforming use at 8225 Nassau Point Road, Cutchogue; Parcel 1000-118-4-10. Zone: R-40 Low-Density Residential. Patdcia Moore, attorney for V. Manago, appeared with Ural Talgat of Samuels & Steelman Architects, in support of this application. Also speaking was Mada DaVani with concerns. The next heanng was canceled by the applicant, with a request for a new headng date. Appl. No. 4581 - JOSEPH LEBKUECHER. 9:35 - 9:44 p.m. A short break was taken. The Board reconvened at 9:44 p.m. Page 5 - Minutes October 15, 1998 Regular Meeting Southold Town Board of Appeals Public Headng, continued: 9:45 p.m. Applications by LAUREL LINKS, LTD. (The 2"d Harvey B. Pollak Ltd. Partnership, Current Owner of Record) regarding property located along the south side of the Main Road (State Route 25), Laurel, NY; County Parcels No. 1000-126-7-1; 1000-125-3-13, 15, 17; 1000-125-4-21 and 24.1, for:. a) Board of Appeals approval as provided under Article XX, Section 100-205 (based upon the Building Inspector's July 30, 1998 Noticeof Disapproval) for placement of a free-standing ground sign in connection with the proposed Laurel Links Golf Course and Residential Development; and b) Special Exception under Article III, Section 100-31-B(7) for a proposed Golf Club, Golf Course(s), Clubhouse, Pro Shop and other incidental amenities). (Please note: As part of the overall plan, a clustered subdivision of 29 lots is pending, for which Special Exception approval is not required.) Charles Cuddy, attorney for the applicant, appeared with Mr. Kelly Morand, Ken Abruzzo of Young & Young, L.S., Jeffrey Butler, PiE. and their Environmental Consultant. Also speaking was Frank Carlin, John Rosansky, John McEvan, Howard Meineke, Mrs. Feldon, Marie Andel. Please see wdtten Transcript of headng discussions prepared under separate cover. The Chairman confirmed the public hearing would continue on December 10, 1998 for additional information. End of Hearings. POSS BLE RESOLUTIONS: A. The Chairman acknowledged letters from adjoining property owners requesting continuation on the applications heard this evening for V. Manago; Z. Slavotic; E. Dart. B. Reso ution adopted Motion was made by Chairman Goehdnger, seconded by Member Dinizic and duly carded, to confirm the following headng calendars: November 19, 1998: Appl. No. 4605jd - LIEB CELLARS/PALMER. Appl. Possible carryover: Z. Slavotic Appl. Possible carryover: E. Dart Appl. Possible carryover: V. Manago AppI. No. M. Rosen (request to re-calendar). Page 6 - Minutes October 15, 1998 Regular Meeting Southold Town Board of Appeals Appl. Possibie carryover: Laurel Links Appl. No. 4542.1c- W. FINK. New dw/bulkhead setback. Appl. No. 4626.1c - FAITH REFORM BAPTIST CH. InterpdS.E. Appl. No. 4627.jd - B. AND B. CHARLES. Deck setback. Appl. No. 4628.1t - N. WOODCOCK. Lot Waiver. Appl. No. 4629.1c- AKSTEN ESTATE. Lot Waiver. Appl. No. 4630.jd - J. HOLZAPFEL. Accessory in fryd. Appl. No. 4636.jd - P. MORTIMER. Alt. Relief. Possible for Dec. 10th: Appl. No. 4581.jd- J. LEBKUECKER (third time advertised) Appl. No. 4631.1t - L. LAYDA. Lot Waiver (pdor ZBA approval). Appl. No. 4633.jd - W. & R. MAURY. Lot cov.& sideyd. Appl. No. 4634.1t- B.t.J. BOUFIS. Interpret 100-33. Appl. No. 4635.1c- DR. ICKES & C. CLAYTON. Shed. Appl. No. 4609.1t- M. MURPHY. Bluff setback/new dw. Appl. No. 4637.1t- (new) Appl. No. 4638.1c - (new) Appl. No. 4639.jd - (new) Appl. No. 4604- ARTHUR TORELL (carryover). This Resolution was duly adopted (5-0). There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned The meeting adjourned at 11:00 p.m. Respectfully submitted, Gerard P. Goehringer, Chairman Linda Kowalski Board Secretary 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 R6ad P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 15, 1998 Appl. No. 4608 - BERYL E. CAFFREY PARCEL 1000-106-10-24.1 STREET & LOCALITY: 520 Cedar Drive, Mattituck DATE OF PUBLIC HEARING: October 15, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property fronts along the west side of Cedar Drive and the north side of Millers Right-of-Way, Mattituck, with a total area of 43,560+- sq. ft. The property is improved with a one-story frame dwelling. The accessory garage shown on the survey submitted with this application is planned to be removed (if it has not already been removed by the date of this action.) BASIS OF APPLICATION: Building Inspector's August 12, 1998 Notice of Disapproval under Article ITIA, Section 100-30A.4 for the proposed location of a new accessory garage and accessory storage shed in a front yard area. AREA VARIANCE RELIEF REOUESTED: Applicant is requesting a variance to locate two accessory buildings which are: (a) 24 ft. by 24 ft. and (b) 8ft. by 10 ft. The setbacks are to be at least 20 feet from the side property line at its closest point and at least 100 feet from the front property line along Millers Right-of-Way to meet code. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in the character of neighborhood or a detriment to nearby properties because the garage and shed will be built well within the setback limits of the code requirement for a principle structure. Page 2 - October 15, 1998 Southold Town Board of Appeals Re: Caffrey 1000-106-10-24.1 (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the applicant has two front yards according to Southold Town law. (3) The requested area variance is not substantial in that the applicant has a lot in excess of 40,000 sq. ft. and is removing a shed that is built over the property line and a garage ~th a non-conforming setback from the side yard. (4) There is no evidence that the grant of the variance wilt have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The alleged difficulty has not been self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect 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, TORTORA, COLLINS, HORNING. This Resolution was duty adopted (5-0)~:~.~ ....................................~../_ ~'""'""~"",'///~_ ~ ~j~~ ~"" ........ ,,,~=;-~., ........ · /// ERARD P. -- // CHAIRMAN 10/15/98 f Approved for Filing