HomeMy WebLinkAboutZBA-08/28/2001 SPEC.~PPEALS BOARD MEMBERS
G e r a rd ;~ mGeO; hDr/~igz .el~,, jCr~ air m a n
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
TUESDAY, AUGUST 28, 2001
SPECIAL MEETING
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 ~Th~., Augusto3~, 2001 commencing at 6:30 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Lora S. Collins, Member
Also present was Linda Kowalski, Secretary to ZBA.
Absent were: Member George Homing (excused) and Member Lydia A. Tortora, Member (illness).
6:30 p.m. The Chairman called the meeting to order
6:33 p.m. AGENDA ITEM IV. EXECUTIVE SESSION. Executive Session was held from 6:35 - 6:48 p.m. to
discuss pending litigation (H. Cashy; G. Shannon).
The Chairman confirmed with Board Members a consultation session for ZBA Members with the Town Attorney
for September 5, 2001 at approximately 5:30 p.m.
6:49 p.m. AGENDA ITEM Ill-A: The Chairman proceeded with the following:
DELIBERATION/DECISION:
Appl. No. 4938 - LIPA/Keyspan (Smith). RESOLUTION: The Board deliberated and the Board took action to
approve the application as applied for. Please see official Findings, Deliberation and Decision filed with the Town
Clerk, a copy of which is attached hereto as though fully set forth and written within this set of Minutes.
DELIBERATION/DECISION:
Appl. No. 4080 - MARYANN PRICE. This is a request for a variance under Article IX, Section 100-92, based on
the Building Inspector's May 12, 2001 Notice of Disapproval which states that the subject lot is 33,976+- sq. ft.,
there is currently a two-family dwelling use and a take-out/catering business use on the property; that the addition
of the third use would require a minimum of 60,000 sq. ft. of land area. Proposed: Outdoor Antique sales/display.
Zone District: Hamlet Business.; 730 Love Lane, Mattituck; 1000-140-2-18.
RESOLUTION: The Board deliberated and took action at this time. Please see official Findings, Deliberation and
Decision filed with the Town Clerk, a copy of which is attached hereto as though fully set forth and written within
this set of Minutes.
Page 2 - Minutes
Special Meeting of August 28, 2001
Southold Town Board of Appeals
AGENDA ITEM I. STATE ENVIRONMENTAL QUALITY REVIEWS (reviews pending).
adopted at this time.
AGENDA ITEM II. PUBLIC HEARING: The Chairman proceeded with the following:
No declarations were
7:06 - 8:05 p.m. Appl. No. 4974 - R. HAMMEL (Owner, J. Dempsey). [Continued Hearing from
August 16, 2001 for reviews of amended maps]. Section 100-232A and 100-244B Dwelling location
variances (setback reductions) at 2155 Cedar Avenue, Southold; Parcel No. 1000-77-1-25. C. Mesiano
spoke in behalf of the applicants. Speaking with concerns was Philip J. Cardinale, attorney for residents in
the area. Also present were Cathy Campbell and a couple of other residents from the immediate area.
(Please see written transcript of hearing, prepared separately, for discussions.)
AGENDA ITEM III. BOARD REVIEW/DELIBERATIONS PENDING: The Chairman confirmed that they will need
time to review the letter received by the ZBA office, submitted by the applicants' Architect, Tom Samuels
yesterday), before proceeding further with a decision. Appl. No. 4984 - S. and P. CONSTAN - This is a
request for a variance, based on the Building Inspector's May 30, 2001 Notice of Disapproval, for proposed
alterations to one-family dwelling with third-stow height, rather than 2-1/2 stories as provided under Article II,
Section 100-32.6002 Indian Neck Lane, Peconic; 1000-98-5-17.5. (Oral testimony concluded on 8/16).
AGENDA ITEM III-B. BOARD RESOLUTION - Hearing Calendar of September 20, 2001: Motion was
offered by Member Dinizio, seconded by Member Collins, and duly carried, to confirm the following hearings
for September 20, 2001:
6:35 p.m. Appl. No. 4993 - MICHAEL and JOANN DEANGELO. This is an Appeal for a Variance based on
the Building Inspector's July 25, 2001 Notice of Disapproval regarding the proposed location of a swimming
pool in a yard other than a rear yard, required by Code Section 100-33. Location of Property: 2080 Elijah's
Lane (and Birchwood Road), Mattituck; Parcel 1000-108-3-5.015.
6:40 p.m. Appl. No. 4988 - KEVlN SHANNON. This is an Appeal for a Variance based on the Building
Inspector's July 5, 2001 Notice of Disapproval regarding the location of a proposed deck addition with a
setback at less than seventy-five (75) feet from the bulkhead, required by Section 100-239.4B. Location of
Property: 1077 Bay Home Lane, Southold; Parcel 1000-56-5-39.
6:45 p.m. Appl. No. 4986 - DAVID AND MARIA PATTERSON. This is an Appeal for a Variance under Section
100-31C2.b based on the owners' request for structural renovations in an accessory building
RESOLUTION for September 20, 2001 hearing calendar, continued:
(rather than the main building) for occupancy as the owner's office, noted in the Building Inspector's June 20,
2001 Notice of Disapproval. Section 100-31C2.b provides for accessory office use incidental to the residential
use of the premises when carried on in the Main Building by the residents therein. Location of Property: North
Side of Central Avenue, Fishers Island, Town of Southold; Parcel 1000-6-4-4.
Page 3 - Minutes
Special Meeting of August 28, 2001
Southold Town Board of Appeals
6:50 p.m. Appl. No. 4992 - PATRICK CARPENTER. This is an Appeal for a Variance under Section 100-
244B based on the Building Inspector's July 16, 2001 Notice of Disapproval regarding the location of a
proposed addition to dwelling at less than the required 35 feet from the front property line. Location: 235
Orchard Road, Southold; Parcel 1000-66-2-21.
6:55 p.m. Appl. No. 5001 - DINA MASSO. This is an Appeal for a Variance under Section 100-244B based on
the Building Inspector's July 31, 2001 Notice of Disapproval regarding proposed additions/alterations to the
existing dwelling at less than the required single setback of 15 feet minimum, and less than 35 ft. total
(combined) side yards. Location of Property: 5705 Nassau Point Road, Cutchogue; Parcel 1000-111-13-4.
7:00 p.m. Appl. No. 4996 - RICHARD FEVOLA. This is an Appeal for a Variance under Section 100-244B
based on the Building Inspector's July 27, 2001 Notice of Disapproval regarding the location of proposed
additions and alterations to existing dwelling at less than a single side yard of 15 feet and less than 35 feet total
side yards, at 2200 Broadwaters Road, Cutchogue; Parcel 1000-104-9-14.
7:10 p.m. Appl. No. 4990 - NORTH BAY PROPERTIES. This is an Appeal for a Variance under Section 100-
239.4A based on the Building Inspector's May 29, 2001 Notice of Disapproval regarding the proposed location
of a swimming pool at less than the required 100 feet from the top of the bluff or bank of the Long Island
Sound. Location of Property: 8869 Oregon Road, Cutchogue; Parcel 1000-83-1-33.
7:20 p.m. Appl. No. 4989 - RICHARD GLUCKMAN. This is an Appeal for a Variance under Section 100-32
based on the Building Inspector's June 1, 2001 Notice of Disapproval regarding the height of a proposed
dwelling for the reason that Section 100-32 restricts the maximum height to 2-1/2 stories. Location of Property:
4630 Orchard Street, Orient; Parcel 1000-27-3-7.8.
7:30 p.m. Appl. No. 4991 - BARBARA J. MARTIN. This is an Appeal for a Variance under Section 100-32
based on the Building Inspector's May 1, 2001 Notice of Disapproval for a proposed lot area of less than the
required 80,000 sq. ft. in this proposed subdivision project. The lot which is being created is located in the R-
80 Residential Zone District, and the remaining lot is located in the R40 Residential Zone District. Location of
Property: 2.43 acres located along the westerly side of Boisseau Avenue, Southold; Parcel 1000-55-5-15.
7:40 p.m. Appl. No. 4994 - ED and EILEEN MAHER. This is an Appeal for a Variance under Section
100-242A and Section 100-244B, based on the Building Inspector's July 27, 2001 Notice of Disapproval.
Applicants are proposing structural alterations and additions to existing dwelling, and a Disapproval was issued
because the degree of nonconformance is increased with regard to the nonconforming side yards and lot
coverage. The new construction areas under consideration are shown with: (a) a setback at less than 10 feet
on one side yard, (b) setbacks at less than 25 feet for combined side yards, and (c) lot
RESOLUTION for September 20, 2001 hearing calendar, continued:
coverage exceeding 20% of the total lot. Location of Property: 3655 Bayshore Road, Greenport; Parcel 1000-
53-6-15.
7:50 p.m. Appl. No. 4928 - MICHAEL COLAVlTO. Applicant requests a Variance under Article III, Section
100-32, based on the Building Department December 15, 2000 Notice of Disapproval for a proposed addition
and alteration to an existing dwelling, which exceeds the Code limitation of 2-1/2 stories. Location: 6150 Main
Bayview Road, Southold; 1000-78-4-44.2.
8:00 p.m. Appl. No. 4995 - PETER AND VALERIE LEONIAK. This is a request for Lot Waivers under Section
100-26 to unmerge three lots identified as Parcel #1000-98-1-17, Parcel #1000-98-1-16, and Parcel 1000-98-1-
15. Location of Property: Pine Tree Road and Bittersweet Lane, Map of Nassau Farms, Cutchogue.
g 4 - Minutes
Special Meeting of August 28, 2001
Southold Town Board of,a,~3eels
RECEIVED ..RND FILED BY
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8:10 p.m. ELLSWORTH BAYLIS, JR. This is an Appeal under Section 100-31A, based on the Building
Inspector's October 31, 2000 Notice of Disapproval for a proposed accessory storage building on a vacant lot.
Section 100-31A does not provide for a storage building as a principal use on a vacant lot. Location of
Property: 6425 Indian Neck Lane, Peconic; Parcel 1000-86-6-21 containing 11,214 sq. f.
8:20 p.m. BRIARCLIFF SOD, INC. This is an Appeal under Se~ol~ 100-33 based on the Building Inspector's
May 2, 2001 Notice of Disapproval for proposed Lot 1 and Lot 2 with a total land area of less than the required
80,000 sq. ft. in this proposed subdivision project. The lots which are being created is located in the R-80
Residential Zone District. Location of Property: 24.97 acres extending off the north side of Leslie's Road and
off the south side of Main Road (S.R. 25) in Peconic; Parcels 1000-85-3-12.1,12.2; 1000-97-10~1.
8:25 p.m. ROGER AND LESLIE WALZ. (Carryover from pdor headng calendars). This is an Appeal
requesting a Variance under Article XXIV, Section 100-242A, based on the Building Inspector's May 2, 2001
Notice of Disapproval. The Notice of Disapproval states that the existing structure has a nonconforming
setback of three feet from the easterly side lot line and 9.9 feet from the west side line, and as a result, the
second-story addition represents an increase in the degree of nonconformity. Location of Property; 2505 Old
Orchard Road, East Madon; Parcel 1000-37-6-5.
8:30 p.m. Appl. No. 4927 - KACE LI. INC. This is an Appeal requesting a Reversal of the Building Inspector's
Notice of Disapproval dated August 13, 2001, denying an application for a building permit for two-family
dwellings under Article IV, Section 100-42A.2. The reason stated in the Notice of Disapproval is that the
proposed project indicates several two-family dwellings on a single parcel, and that the Code allows only one
such structure per lot as a permitted use. Zone District: Hamlet-Density (HD). Location of Property: South Side
of North Road (alt(ia C.R. 48) (now or formedy referred to as "Northwind Village" site), 500+- feet east of Chapel
Lane, Greenport; Parcel #1000-40-3-1.
Vote of the Board: Ayes: Members Goehdnger (Chairman), Dinizio and Collins. Absent were Members Tortora and
Homing. This Resolution was duly adopted (3-0).
Thero being no other business properly coming before the Board, the Chairman declared the
meeting adjourned. The roeeting ended at approximately 8:10 p.m.
~rove~ ~)Gerard P. Goe~ringer, airman
Copies o ecisions Attached: (2~
Respectfully submitted,
~in~a KowalsP, i 9/14/01
APPEALS BOARD MEMBERS
Gerard E 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
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 28, 2001
Appl. No. 4944- KEYSPAN/LIPA (Henry Smith, Owner) Parcel: 1000-70-7-5
STREET & LOCATION: 49400 Main Road (Route 25), Southold
DATE OF PUBLIC HEARING: July 12, 2001
FINDINGS OF FACT
PROPERTY FACTS: The subject property is a vacant one-acre lot in Southold with
frontage of 281 feet on Main Road and 233 feet on Main Bayview Road. It is zoned
General Business. Business uses occupy the adjacent parcels on the East (service
station) and West (plumbing and heating business).
APPLICANT'S REQUESTS: Keyspan East Gas Corp. (Keyspan) proposes to purchase
the subject property for construction of a gas compressor station. Under this appeal,
Keyspan requests a Special Exception for the proposed use, pursuant to Code section
100-101(B)(1), and a variance authorizing a security fence higher than the 6 feet (front
yards) and 6-1/2 feet (other yards) authorized by Code section 100-231(A). The
Building Inspector issued a Notice of Disapproval denying the proposed fence on
February 13, 2001.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony
presented, materials submitted and personal inspection, the Board makes the following
findings:
1. Keyspan proposes to close an existing compressor station in Mattituck and
relocate the equipment to the Southold site. The new station will be substantially the
same as the existing one and will serve the same purpose - a backup that is called into
use occasionally when pressure in the distribution system falls below standard. It will
be unmanned except when in actual use.
2. Keyspan submitted site plans showing extensive landscaping including
earthen ben'ns topped with shrubs. The proposed chain-link fence measures 7 feet
from grade plus a maximum of 14 inches of support bars for barbed wire at the top. It
will be faced with cedar paling.
3. At the hearing and by letter, neighbors submitted detailed recommendations
regarding landscaping. A letter from applicant's attorney, dated August 14, 2001,
states that these recommendations have been reviewed and are reflected in revised
plans for the site.
Page 2 - August 28, 2001
Appl. No. 4944 - Keyspan/LIPA
1000-70-7-5 at Southold
4. Plans submitted by applicant show that the fenced compressor enclosure
measures 60 x 125 feet, and state that only 6.5 percent of the property will be paved.
Vehicular access will be from the Main Road at a location that has been approved by
the State Department of Transportation,
5. The site will be lighted only when in actual use and lighting will be shielded to
fall only on the equipment area.
6. With respect to the Special Exception request, the Board finds and
determines the following in accordance with Code section 100-263:
(A) The proposed use will not prevent the orderly and reasonable use of
adjacent properties, or of properties in the adjacent use districts, or of permitted or
legally established uses in its use district or in adjacent use districts.
(B) The safety, health, welfare, comfort, convenience and order of the
Town will not be adversely affected by the proposed use and its location.
(C) The proposed use will be in harmony with, and promote the general
purposes and intent of, the Zoning Code, and will be compatible with its surroundings
and with the character of the neighborhood and of the community in general.
(D) The structure and the property generally will be readily accessible for
fire and police protection.
7. With respect to the Special Exception request, there are no adverse findings
from a review of the matters to be considered under Code section 1004264.
8. Applicant proposes a 7-foot chain-link fence with barbed wire at the top for
the protection of the compressor facility and safety of the public. The fence will be
faced with cedar paling and will be screened by landscaping. The proposed use is one
permitted by Special Exception, and the fence is an integral element of the use. For
these reasons, grant of the requested variance will not produce an undesirable change
in the character of the neighborhood or detriment to nearby properties.
9. There is no evidence that grant of the requested variance will have an
adverse effect or impact on physical or environmental conditions.
Page 3'- August 28, 2001
Appl. No. 4944 - Keyspan/LIPA
1000-70-7-5 at Southold
10. The action set forth below is the minimum necessary to enable applicant to
construct a needed gas compressor station while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio,
it was
RESOLVED, to GRANT the Special Exception as applied for, and
FURTHER RESOLVED, to GRANT a variance authorizing the security fence as
proposed, in both cases subject to the following CONDITIONS:
1. Applicant shall continuously maintain all shrubbery and other landscaping at
the Site.
2. The Board shall have the right to review and enhance the landscaping and
lighting after completion, and after a Certificate of Occupancy is issued if plantings are
not in good growing condition and propedy maintained.
This action does not authorize or condone any current or future use, setback or
other feature of the subject property that violates the Zoning Code, other than such
uses, setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, and Collins.
(Member Horning of Fishers Island was absent-exc_.g, use. d; Member Tort_ora was absent
due to illness.) This Resolution was .~~~'~,~~,~
. j..A.p~roved for Filing- Gera~'d P. Goe, l~'finger,
~ Chairman
/!
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
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 28, 2001
Appl. No. 4980 - MARYANN PRICE
STREET & LOCATION: 730 Love Lane, Mattituck Parcel: 1000-140-2-18
DATE OF PUBLIC HEARING: August 28, 2001
Findings of Fact
PROPERTY FACTS: The subject property is a lot of 34,578 sq. ft. with frontage of
183.67 feet on Love Lane in Mattituck and depth of 185 feet (Northwest) and 187.64 feet
(Southeast). It is improved with a frame building containing two apartments and a small
take-out food shop.
BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated May 12, 2001,
denying a permit to conduct an antiques sales business on the property because this
would be a third use requiring an additional 20,000 sq. ft. of property and a total of
60,000 sq. ft. under Code section 100-92.
AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing the
proposed antiques sales use on the property one day per week, plus authorization to
display one or two tables of merchandise on other days in applicant's discretion.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony
presented, materials submitted and personal inspection, the Board makes the following
findings:
1. Applicant, the new owner of the property, has considerable experience in
antiques sales, and wishes to conduct a similar business outdoors on the subject
property. She expects that dealers will set out their merchandise on a designated day
each week during the warm weather, using lawn areas that total over 7,000 sq. ft.
Applicant submitted a plan showing 11 parking spaces for customers of the take-out
shop and the antiques business, plus other parking for the shop owners and residential
tenants.
2. The subject property is located on the same street as, and just north of, a busy
business district and the Long Island RR station. The lawn area is large enough to
accommodate the proposed sales activity without encroaching closely on the street. The
sales activity will occur only one day per week and will not constitute the addition of a
full-time, permanent use on the property. For these reasons, the action set forth below
will not produce an undesirable change in the character of the neighborhood or
detriment to nearby properties.
Page 2 - August 28, 2001
Appl. No. 4980 - M. Price
1000-140-2-18 at Mattituck
3. Although there is no evidence that grant of the requested vadance will have an
adverse effect or impact on physical or environmental conditions, the Board is
concerned about the adequacy of on-site parking. For this reason, the Board will impose
a condition intended to prevent participating antiques dealers from parking on the
subject property.
4. Relative to the Code requirement for 20,000 sq. ft. of area for each use on the
property, the requested vadance is substantial. However, the proposed use may prove
to be a beneficial addition to the Mattituck business district and will be limited to one day
per week. Consequently, the Board will grant a time-limited variance authorizing the
proposed use, so as to be able to review the impacts of the operation after one year.
5. The action set forth below is the minimum necessary to enable applicant to
establish a limited antiques sales bus[ness while preserving and protecting the character
of the neighborhood and the health, safety and welfare of the community.
RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman
Goehringer, it was
RESOLVED, to GRANT a variance authorizing for one year the operation of an
open-air antiques sales business on the subject property, as described in materials
submitted to the Board, subject to the following CONDITIONS:
1. The business may ope~:ate only one day per week, and there shall be no
merchandise displays of any sort on other days.
2. There shall be no permanent installations nor shall any tents be erected.
Display tables, umbrellas, merchandise and all other materials and equipment shall be
removed entirely at the end of each sales day.
3. A sign shall be posted at the entrance to the property from Love Lane directing
customers to the parking area designated as Area "C" in the materials submitted by
applicant. Applicant shall direct the dealers displaying merchandise to park their
vehicles in the nearby public parking areas, and shall diligently work to ensure that they
do not park in the Area "C" spaces.
4. This variance authorization shall expire on September 30, 2002. Applicant is
free to apply in a timely manner for a further authorization by this Board.
Page 3 - August 28, 2001
Appl. No. 4980 - M. Price
1000-140-2-18 at Mattituck
This action does not authorize or condone any current or future use, setback or
other feature'of the subject property that violates the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio and Collins. This
¢~proved for Filing - G~ard P. G,~hringer, Chairma~.~/~,
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