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Home My WebLink AboutZBA-11/14/1996APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5t6) 765-1823 Telephone (516) 765-1809 MINUTES REGULAR MEETING THURSDAY, NOVEMBER 14, 1996 A Regular MeeHng of the SOUTHOI.D TOWN BOARD OF APPFMkI~ was held at the Southold Town Hail, 53095 Main' Road, Southold, New York 11971, on THURSDAY, NOVEMBER 14, 1996: Present were: Gerard P. Ooehringer, Chairm~n · Member Serge J. Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member .Linde Kowaiski, Secretary to Board Also present were approximately 40 persons in the audience at the start of the meeting. I. 7:15 p.m. Work Session and Reviews (.No Action taken until after 7:30 p.m.) II. (Ref. Agenda Item III). PUBLIC HF_JkRINGS: The Chairman opted to jnmp to the public hearings at this *~me, and returning to items II either at the end of tonight's hearings, or at the next (Special) Mee*ing since the mee~ng is expected to be very late. Public Hearings were held il~..,. the following order - please see Tran~qcript of Hearings prepare~. under separate cover and filed with ,big set of Minutes~ reference as may be needed: 7:30 - 7:34 p.m. Appl. No. 4425SE - GISELA MORC~{EL, Owner. {Carryover hearing for a proposed Accessory Bed and Breakfast Use at Main Road and Crown Land Lane, Cutchogue.} At the end of the hearing, the board took the following conditionai action: Page 2 - Minutes & Resolutions Regular Meeting November 14, 1996 Seutheld Town Board of Apoeels File #4425 FINDINGS AND DETERMINATION November 14, 1996 APPLICANT: GISELA MORCFIEL. LOCATION OF PROPERTY: Single-family dwelling built in 1992 (ref: May 4, 1992 C.O.) situated on approximately one-halF acre at 26405 Main Road~ Cutchogue,~ NY; COUNTY TAX MAP DISTRICT 1000, SECTION 109~ BLOCK 2~ LOT 13.5. Minor Subdivision Lot #1 made for Ralph and Theresa Assetta. R-40 Residential Zone District. BASIS AND DESCRIPTION OF REQUEST: Article III ~ Section 100-30A.2B and 100-31B(14a-d), Zoning Code as amended 2-7-95 by Local Law t3-1995 which .provides for an allowsnce of not more than three bedrooms for rental as an Accessory Bed and Breakfast~ subordinate and incidental to the residence of the applicant in a principal single-family dwelllng~ for lodging and serving of breakfast to not more than six (6) caSual~ transient roomers in accordance with conditions (a), (b), (c) and (d) as per Section 100-3lB (14). REASONS / FINDINGS: Conditions under Section 100-3lB (14), and standards under Sections 100-263 & 100-264 have been considered, and met, in this proceeding; proof has been submitted for the record to show intended compliance with zoning code (ref: file and hearing record ). MOTION MADE BY: James Dinizio Jr., SECONDED BY: J. Goehringer ACTION/RESOLUTION ADOPTED: Granted with the parking .plan submitted by applicant for parking and turning cars within the driveway and without backing out into the street~ and SUBJECT TO THE following conditions: l) parking Spaces shall be perpendicular to the Main ROad~ 2) no entrance or exit from Main Road as proposed, 3) three outside parking spaces are required upon the applicant's property (on-site}, and 4) cemplJmnce at all times with current Section 100-31B(14) subsections (a) through (d), and other laws and regulations applicable to this accessory use. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Robert A. Villa, James Dinizio, Jr., Lydia 'A~ Tort°r~, and !G~ra~d P. Goehringer. This resolution was unanimously adopted 5-0. Page 3 - Minutes & Resolutions Regular Meeting - November 14, 1996 Southold Town Board of Appeals 7:34 7:53 p.m. Appl. No. 4435 RUTH W. BOEHLING and R. WRIGHT- This is An Application for a VariAnce based upon the October 16, 1996 Action of Disapproval by the Building Inspector under Section 100-25A. Applicants are requesting a Waiver ~vhieh has been provided by Article II, Section 100-26 for undersized tots held in common ownership. Location of VacAnt Land: 180 Custer Avenue, Southold, NY, 1000-70-8-30, which adjoins applicants' house at 290 Custer Avenue, 1000-70-8-31. Also shown on the Map of FAi~riew Park, Section One situate on Pine Neck, approved by the Southold hearing was closed, pending deb-betatrons later ,~omgnt t ~ taken at the 11/19/96 Special Meeting). 7:53 - 7:58 p.m- Appl: No. 431SE - NORlVI/KN WHITEHEAD, Owner. This is an Application under Article III, Section 100-31B(1=) for a proposed Accessory Bed and' Bre-kfast Use in conjunction with his residence at 14909 Main Road, East Marion, NY. Thi.~ Bed and Breakfast USe must be accessory and incidental to the owner's residence at this property, and is limited to the rental of three bedrooms within the existing residence And serving of breakfast to not more than six casual and transierlt B&B .roomers. Property II).: 1000-23-1-2.3. Also referred to as Lot ~1 on Minor Subdivision approved by the Planning Board on or about 11/24/80. At the end of discussions, the hearing was iclosed, pending deliberations. 7:58 - 8:05 p.m. Appl. No. 4421 - HENRY TRAENDLY- Thi.~ is An application based upon the July 12, 1996 Action of Disapproval by the Building Inspector, in which applicant is requesting approval of berm with fence "as b,nlt," at a total height above the four feet limitation of Article XXIII, Section 100-231, for ' this front yard area. Property known as 13220 MoWn Road, East Marion, NY; Parcel iD ~1000-3~-14-~2- At the end of discussions, 'the hearing was officially declared closed (concluded)- 8:05 - 8:20 p.m. Appl. No. 4434 - ROBERT TURNER. This is an application based upon the October 10, 1996 Actions of Disapproval by the Building Inspector under Article XXIII, Section 100-239:4B, and under Article III, Section 100-33C, in which applicant is requesting approval, either as a new permit or as an amendment to Building Permit #15772 based on the sketch submitted for approval by the Building Inspector in March 1987, concerning the deck addition within 75 feet of sn existing bulkhead adjacent to a tidal water body, and the front yard accessory shed, as built. Location of Property: 1200 West Lane, Southold, NY; Parcel ID ~1000-31-14-12. At the end of discussions, the hearing was officially declared closed (concluded)- *** Page 4 - Minutes & Resolutions Re~c~alar Meeting - November 14, 1996 Southold Town Board of Appeals Note: Member Serge Doyen left the dais and did not participate with the board at the hearing. Member Doyen is relative to Francis and Christina D0ye~. (brother and: sister-in-law) and abstained from participations. PUBLIC HEAR~INGS, continued: 8:20 -9:00, and::11:12-11:40 p-m- Appl. N0. 4433 - FRANCIS & CHRISTINA DOYEN; Thi.~ ,is an application based upon the Octo- ~ of Disapproval by fhe Building InspeCtor Under Section 100-25A. Applicants are requesting :a Waiver Which~ has been provided by Article !Ii'' Section 100-26 'for. Undersized lots held in common ownership. ~ Location of ProPertY: ~ ROW ioff Hedge :Street, Fishers Island, NY; Parcels as combined now known as #1000+10-7- 26.1 (formerly 17 and State-owned land wit]iout 'a County #). At the end:of the ~first .hearing e, nding~at 9;00 p.m.:, motion was made to recess for further diseUSsi0ns and dissemi'iation of information. (Later, at 11:40i p~m, at .the end of all ~cussions .tonight, motion was made by Member by Member. Dini~.io, and duly .,carried, to close ( hearing, pending deliberations and. decision-m~ng. 9:00 p.m. Member Doyen returned to the dai.~ for the contintiation of the meeting. PUBLIC HEARINGS, continued: 9:00-9:05 p.m. Appl. No. 4428 - VINCENT AND EDNA QUATROCHE. This is ~n application based upon the September 23, 1996 Action of Disapproval the Building ln.~pector nnder Section 100-25A. Applicants are requesting a Waiver which has been~ provided by Article II, Section 100-26 for undersized lots · held in common ownership. Location of Property: Vacant land known as 130 Sunset Lane, Greenport. .CoUnty Parcel ID I1000-33-4-69 which adjoins applicants' house referred to as #16'0 Sutton Place (1000-33-4-70). 9:05 -9:08 ,p.m. Appl. No. 4424 - EILKEN MORINI, Owner. This is an application based upon the June 27, 1996 Action of Disapproval by the Building I,nspector under Article III, .Section 100~30A;3, for a deck addition, as built, due to.an insuff{cient~ rear yard setback, at 2110 Cox Neck t~oad, shown on the SubdiviSion Map of Tollewood, Mattituek, NY; County Parcel ~1000-113-10-~. At the end of hearing discussions, ' the following conditional action was taken: Page 5 - ~inutes & Resolutions Regular Meeting - NovemOer !4, !996 Southo'ld Town 8oard of Appeals Appl. #4424 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 11/14/96 APPLICANT: EILEEN MORINI LOCATION OF PROPERTY: 2100 Cox Neck Road, Mattituck COUNTY TAX MAP DISTRICT 1000, SECTION 113, BLOCK 10, LOT 2 BASIS OF ACTION: Article III, Section 100-30A.3 of the Zoning Code; ref. June 27, 1996 Action of Disapproval by the Building Inspector for deck addition, as built, due to an insufficient setback at 8'6" ft. at its closest point to the easterly rear property line, all as shown on sketched survey map submitted by Mrs. Morini. FINDINGS OF FACT: Property is 98.50 deep at southerly side property tine, by 138.50 fi. along Cox Neck Road, by 106.05 ft. deep at the northerly side, and 115.18 ft. along the rear property llne. Also shown on the Map of Tollewood, p/o Lot 72 and p/o Lot 73, combined into one substandard lot of approx, one-quarter acre in size. REASONS FOR APPROVAL: Request is not unreasonable and there is no other yard area available as an attached above g~round pool with deck enclosUre/addition. The alternative would be to separate as an accessory building, which would not gain any benefit to the property owner or others. MOTION MADE BY: J. Goehringer, SECONDED BY: J. Dinizio ACTION/RESOLUTION ADOPTED: Approved as, applied, remaining at the setbacks as: built and with no further nonconforming intrusion toward the rear property line. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Din~zio, Jr!, Robert A. Villa, Lydia A. Tortera, Gerard P. Goehringer. This resolution was unanimously adopted. ZBA: lk (Note: Applicant must return to obtain approvals from the Building Department within a reasonable time. ) cc: Gary Fish, Reviewing Inspector, Building Department Thomas Fisher, Department Head, Building Department Page 6- Minutes & Resolutions Regular Meeting - November 14, 1996 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 9:08 - 9:12 p.m. Appl. No. 4443 - MARIE TOBER, Owner. This is an application based upon the October 9, 1996 Action of Disapproval by the Building Inspector under Article II, Section 100-25A. Applicant is requesting a Waiver which has. been~ provided by Article II, Section 100-26 .for undersized lots held in common ownership. Location of Property: Vacant land known as 100 Wood Lane, Greenport. County Parcel ID #1000-4-4-33 which adjoln-~ applicants' House at #55 .Inlet Lane, Greenport, NY (1000-43-4-38). At the end of discussions, the hearing was closed (concluded), pending deliberations at a later time due to the lateness of the meeting. 9:12 9:35, and 9:45 - 9:55 p.m. LONG ISLAND LIGHTING CO.~ concerning premises presentiy owned by STYPE BROS. REAL ESTATE, INC. referred to as 8550 (vacant land) M~in Road, Mattituck (near Laurel), identified as 1000-122-7-6.6, further identified as Lot~ #2 consisting of .35,798 sf. as shown on the Subdivision of Map' of "Frank Murphy Garden Center" approved by the Southold Town Planning Board 4112/1982. Applicant, as contract vendee, is requesting: (a) AppL No. 4429SE - Special Exception for Use of Vacant Land as shown on plot pl~ni for a compressor s~ation building with fence enclosure in~ this 'B" General Business District. (b) Appl. No. 4430 - Variance under Article XXIII, Section 100-231-A for permi.gsion to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, !and which exceeds 6-1/2 feet in or alongside and rear' yards. At the end of discussions regarding the LILCO application, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to continue and recess? ;the hearing until December 12, 1996. (Pending a visit ~y . the ? Z0~ing B~ Chai~man, ~nd interested Members (if any) at the Hieksville site of L1-LCO.) 9:55-10:12 p-m- Appl. t~4436 - JOSEPH and MAUREEN FRAZZITTA. Thi.~ is an application based upon the March 29, 1996 Action of Disapproval by the Building Inspector under Article XXIII, Section 100- 239.4 (B), in which applicant is proposing to construct shower/storage room addition, at less than 75 feet from the bulkhead and which does not meet 'ithe; minimum required total side yard setbacks (35 feet), per Article iXXIV/,i Section 100-244. LOCation of Property: 1420 Inlet Way, Southold, Cedar Beach Park Lot #97~ f~ed in 1927; County Parcel t1000-92-1-6~ :containing 21,772 sf. At the end of hearing digcussions, the board iook the f~llowing action: Page ~ - Minutes & Resolutions Reg-utar Meeting - November 14, 1996 Southotd Town Board of Appeals (Hearings cont;,,ued after next resolution)- RESOLUTION- (From Agenda, Items at page 3, two last applications identified for COMO and KID N' ROUND. Afte~ a brief discussion mhd clar/~cation by the Board Secretary: (1) Motion was made by Cbmi,-u~n Goehr/nger, seconded by Member Dinizio, to advertise Appl. ~4438 of GIUSEPPE and LAURIE COMO for public hearing to be held December 12, 1996. (The hearing was to be published for toni~ht's hearing, but was inadvertently not published by the newspaper in *~me.) (2) Motion was mI.~o made by Member Tortora, seconded$~ by Goehringer, and duty carried, to advertise Appl- ~39 of KID N' ROUND for public hearing to be held December 12, 1996- (The hearing was to be published by the newspaper for tonight's hearing, but inadvertently missed the t~me reqzzi~emeI~t. ) PUBLIC ]tEARINGS, con'hued: 10:12-11:00 p.m. Appl. ~01 - DAVID DEFRIEST, Tenant, I~Ir. and Mrs. Joseph Gnozzo, as Owners.) The Board, on Ks own motion, re-opened the subjee~ hearing which was formerly closed July 24, 1996 for further factual ~nformation from.applicant, et cetera- The applicant is reques~ng a Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval under Article VIII, Section 100-81A, for a Use Varqmnce based upon tenant'S application to the Buila{ng Inspector for a es~ rent-! business- The Variance shah also add_,~ss the proposed outdoor yard area for showing of vehicles for rent in mn area to be designated under variance, if allowed- The g--rounds for which the J, me 3, 1996 Building Inspector's action was issued are: Automobile rental use is not a permitted use in this Limited Business (LB) Zone District. Location of Property: 73625 Main Road, Greenport, NY; County Parcel No. 100~-'45-3-2. Size: 5+ acres. At the end of tes~mony, motion was made by Chair~,-n Goehringer, seconded by Member Dinizio, and duly carried, to continue mhd recess the hearing until December 12, t996 in order that the members have have additional time to disseminate the information and tes~mony- It was 11:00 p.m. 11:00-11:12 - Short break (recess)~ and meef~ng reconvened at 11:12 p.m. Page 8- Minutes & Resolutions Regular Meeting- November 14, 1996 Southold Town Board of Appeals PUBLIC IIEARING, continued from earlier tonight: 11:12-11:40 p.m. Appl. No. 4433 - FRANCIS & CHRISTINA DOYEN. At the end of hearing discussions, motion was made by Member Tortora, seconded by Member Dinizio, and duly carried, to officially close (conclude) the hearing, pending deliberations and decision-making- The Board Secretary confirmed that a letter would be sent tomorrow to Patricia Moore, attorney for the Doyens, confirming the information requested by the Board during the lengthy discussions held. IV. DELIBERATIONS/DECISIONS - None, due to the lateness of the meeting. The Chairman determined Tuesday, NOVEMBER 19, 1996 at a date of the next Special Meeting of the Board to continue the agenda items from tonight, commencing at either 6:45 or 7:00 p.m. No further action was taken due to the lateness of the meeting. V. BOARD REMINDERS were listed on the Agenda for this evening, as follows: 1. CROSS SOUND FERRY - Scoping session for Board Members set for 12/4/96 by Planning Board, as Lead Agency. Written comments by 11/15. 2. ASSOCIATION OF TOWNS. Chairman to designate Board Member for full trip. (1997 Funds are limited to approx. $300 total for day and night attendance for all ZBA members). 3. REMINDER: 1997 Schedule of Hearings to be second Thursday of each month commencing January 9, 1997 at 7:15 p.m., and work sessions commencing by or before 7:00 p.m. (This was discassed at the 11119/96 special meeting, and modified.) Due to the lateness, the meeting was adjourned at 11:45 p.m. Respectfully submitt~d-~ t kECEWED AND FILED BY /'Approved roi( filiflg ~/ ~ SOUTHOLD TOWN CLERK