HomeMy WebLinkAboutZBA-01/13/2000APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning ~
Southold Town Hltl
53095 Main Roa~l
P.O. Box 1179
Southold, New York ~i971
ZBA Fax (516) 765-9064
Telephone (516) 765}1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR PUBLIC MEETING
THURSDAY, JANUARY 13, 2000
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, JANUARY 13, 2000, commencing at 7:00 p.m. in the Court
Room/Meeting Hall.
Present were:
GERARD P. GOEHRINGER, CHAIRMAN-MEMBER
JAMES DINIZIO, JR., MEMBER
LYDIA A. TORTORA, MEMBER
GEORGE HORNING, MEMBER (left 8:10 p.m.)
LORA S. COLLINS, MEMBER
LINDA KOWALSKI, ZBA SECRETARY
6:50 p.m. There were approximately 25 persons in the audience at the start of
the meeting. The Chairman called the meeting to order and proceeded with the
first order of business, as follows:
!. SEQRA DECLARATIONS: Motion was offered by Member Tortora, seconded
by Chairman Goehringer, and duly carried, to confirm the following:
Unlisted Actions:
Appl. No. 4778 - Crazy Chinaman Corp. Apartment Use by S.E.
Type Ii Actions (setbacks, lot-line variances, accessory uses, lot waiver,
height var.)
Appl. No. 4775 - Derith Sutherland (setback variance)
Appl. No. 4776 - David Cichanowicz (lot area variance)
Appl. No. 4777 - Susan and Steven Bloom (for building containing a
nonconforming use/renovation, alteration, possible Interpretation).
Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Horning.
This Resolution was duly ADOPTED (5-0).
t
Page 2 - Minutes
Regular Meeting of January 13, 2000
Southold Town Board of Appeals
.¸i
II. PUBLIC HEARINGS: After reading of the legal notices, the hearings were
held. For detailed statements-.from-.the headr~gs;---.please see written verbatim
transcript prepared under separate cover (filed with the Town Clerk's Office for
reference purposes):
7:04 - 7:17 p.m. Appl. No. 4766 - James Wheeler. Continued Hearing
from 12/14 meeting. Proposed front and rear yard setback variances at 540
Chestnut Road, Southold. Mr. John Zoumas, Builder appeared in behalf of the
applicant. Opposing the project was Mrs. C. Price, immediate neighbor, and
Jeanne Cooper, resident in the Town of Southold. After receiving testimony, the
Chairman moved to close the hearing, seconded by Member Horning, and duly
carried. This Resolution was duly adopted (5-0).
7:17 - 7:24 p.m. Appl. No. 4775 - Derith Sutherland. This is a request for
a variance under Article XXIV, Section 100-244 for approval of the setback of an
"as built" deck addition at less than the code requirement of 35 feet. Location of
Property: 1230 Waters Edge Way, Southold, NY; County Tax Map Parcel No.
1000-88-3-19. Mrs. Sutherland spoke in behalf of her application. Also
appearing in support of the project were neighbors Norman Wynn, and Henry
Flinter, President of the Bay Haven Property Owners Association. After receiving
testimony, the Chairman moved to close the hearing, seconded by Member
Tortora, and duly carried. This Resolution was duly adopted (5-0).
7:24 - 7:35 p.m. Appl. No. 4776 - David Cichanowicz. This is a request
for a variance under Article III, Section 100-32, based upon the Building
Inspector's October 19, 1999 Notice of Disapproval for the following: Two lots
are proposed in this subdivision project containing a size of less than 80,000 sq.
ft. each. The property is located in an Agricultural-Conservation Zone District,
along the north side of Leslie Road (CTM #1000-97-10-2) and south side of Main
Road or State Route 25 (CTM #1000-85-3-10.2), Peconic, NY. David
Cichanowitz appeared with his agent, James Fitzgerald, and spoke in support of
the application. After receiving testimony, the Chairman moved to close the
hearing, seconded by Member Tortora, and duly carried. This Resolution was
duly adopted (5-0).
7:35 - 8:02 p.m. Appl. No. 4777 - Susan and Steven Bloom. This is an
appeal of the iDecember .17, 1999 Notice of DisapproVal, .requesting an
Interpretation and/or Variance under Article XXIV, Section 100-245 with respect
Page 3 - Minutes
Regular Meeting of January 13, 2000
Southold Town Board of Appeals
to applicant's request to amend building permit No. 26151 issued November 12,
1999 for renovations to accessory building containing nonconforming "sleeping
quarters use." The reasor¥-- stated-- in the Building Inspector's Notice of
DisapproVal is that applicants' request to "repair foundation to include 'substantial
renovation of structure' is not permitted pursuant to Article XXIV, Section 100-
243A. Proposed construction constituteS a renovation prohibited by this section."
Location of Property: 7800 Peconic Bay Boulevard, Laurel, NY; County Parcel
No. 1000-126-11-15. Patricia Moore, Esq. appeared with the applicants, their
Architect, lan Fairweather, and the Contractor, Frank Palestina. After receiving
testimony, the Chairman moved to take a three-minute break to discuss the
pending Application of Southampton Lumber Co. The motion was seconded by
Member Horning, and duly carried. This Resolution was duly adopted (5-0).
8:02 - 8:11 p.m. Discussion - Southampton Lumber Co. The Chairman
noted that Mr. Ed Siegman and Mr. Dennis Smith were both present and
confirmed that there would not be any action taken tonight on this application,
although the Members may be discussing it later, ver briefly, at the end of the
hearings to get their thoughts together. Member Horning is leaving and there
would not be a full Board for a vote tonight.
8:10 p.m. Member Horning left, as agreed, to return to Fishers Island.
8:11 - 8:47 p.m. Appl. No. 4777 - Susan and Steven Bloom Hearing,
continued: William Goggins, Esq. spoke briefly in support of the application and
explained circumstances recently regarding placement of a "window header" and
the need for a building permit. After further questions and discussions with the
Board, the Chairman offered a motion to close the hearing, seconded by Member
Collins. VOTE OF THE BOARD: Ayes: Members Collins and Goehringer;
Nays: Members Tortora and Dinizio who asked to discuss the issue of whether to
postpone the hearing in a recess, or to close. This Resolution was LOST (2-2).
After discussion, the Chairman offered a motion to recess the hearing to January
19, 2000 at 7:00 p.m. for an appearance by a representative of the Building
Department to answer Board questions, and for rebuttals, if any, by the applicant.
The motion was seconded by Member Tortora, and duly carried. This Resolution
was duly adopted (4-0). Member Homing of Fishers Island was absent during
this Resolution.)
8:47 - 9:06 p.m. ApPl. No. 4778 - Crazy Chinaman :Corp. :- This is a
request for a Special Exception under Article VII, Section 100-71B(5) for
page 4 - Minutes
Regular Meeting of January 13, 2000
Southold ToWn Board of Appeals
permission to establish apartment use over an existing professional office,
pursuant to Article IX, Section 100-91 (B)(4) of the "B-General Business District."
Location of Prope,~y:' 117-7-5. Main Road, Mattituck, NY; County Tax Map Parcel
No. 1000-141-4-36. William Goggins, Esq. appeared and spoke regarding his
application. The Board requested a copy of a Certificate of Occupancy (or
PreC.O.) regarding the professional office use at the premises, and Mr. Goggins
agreed but would need a postponement. After receiving testimony, the Chairman
moved to recess the hearing to February 3, 2000, seconded by Member Tortora,
and duly carried. This Resolution was duly adopted (4-0). Member Horning of
Fishers Island was absent during this Resolution.) Mr. Goggins indicated he
may need more time, and the Chairman said the hearing could be further
postponed to a date in March or after, if requested.
9:07 p.m. Appl. No. 4779 -David and Ann Coried. This is a request for a
variance under Article Iil, Section 100-33 based upon the Building Inspector's
November 8, 1999 Notice of Disapproval. The variance requested is to locate a
swimming pool in a side yard area rather than the required rear yard or front yard
of this waterfront parcel known as 412 Park Avenue, Mattituck, NY; County Tax
Map Parcel No. 1000-123-7-9.2. Michael Cirrito, Esq. appeared with Mr. and
Mrs. Corieri. The Chairman noted a letter of objection from immediate neighbors
to the west, Mr. and Mrs. Bud Holman. After receiving testimony from the
applicants and their attorney, the Board asked for an amended plan which would
move the pool in a location at least 20 feet from the side, within the area next to
the garage. Applicants agreed. The Chairman then moved to postpone the
hearing to February 3, 2000 pending receipt of the amended plan and further
review by Board Members. The motion was seconded by Member Dinizio, and
duly carried. This Resolution was duly adopted (4-0). Member Horning of
Fishers Island was absent during this Resolution.)
THE FOLLOWING HEARINGS SCHEDULED FOR THIS EVENING WERE
CANCELED BY APPLICANTS:
Appl. No. 4723 - Southampton Lumber Co.
Appl. No. 4765 - Frank Field Realty.
End of Hearing Calendar.
III. DELIBERATIONS/INFORMAL POLL. The Board deliberated on the.following
Page 5 - Minutes
Regular Meeting of January 13, 2000
Southold Town Board of Appeals
applications and Members were polled for action, to be adopted at the next
Meeting:
Derith Sutherland - possible approval on 1/19.
D. Cichanowicz - possible approval on 1/19.
James Wheeler - denial with possible grant of alternative relief on 1/19.
9:48 p.m. Agenda Item IV:
IV. RESOLUTIONS/OTHER ACTION:
A. Code Committee Meeting: January 14, 2000 at 8:30 a.m.
B. Inspections and assignments regarding pending applications were
confirmed for the February 3, 2000 meeting. Motion was made by Chairman
Goehringer, seconded by Member Tortora, and duly carried, to authorize
advertising of the following applications for February 3, 2000:
6:35 p.m. Appl. No. 4783 - GERARD AND MARY GRALTON. This is a request for a
Variance under Article XXTV, Section 100-244B, regarding an application for a building
permit and the Building Department's Notice of Disapproval dated 3anuary :~3, 2000 for
the location of a proposed dwelling with a setback at less than :15 feet from the northerly
side property line. Location of Property: Corner of Bay Avenue and Sterling Road,
Cutchogue, NY; County Tax Map No. 1000-138-2-1:1; also known as Lot :114 on the
Subdivision Map of Nassau Farms.
6:40 p.m. Appl. No. 4782 - DANZEL AND MAUREEN MOONEY. This is a request for a
Variance under Article XXTV, Section :100-244B, regarding an application for a building permit
and the Building Department's Notice of Disapproval dated .January 5, 2000 to locate proposed
deck construction with setbacks at less than 75 feet from the bulkhead and proposed lot
coverage over the 20%. Location of Property: 575 Pine Place, East Marion, NY; County Tax
Hap Parcel No. 1000-37-4-:16; also known as Lot :145 and p/o :146 on the Map of Gardiners
Bay Estates, Section 2, Filed Map No. 275.
6:50 p.m. Appl. No. a,781 - BRUNO C:[PP]:TELL:L This is a request for a Variance under
Article T~[, Section :100-30A.3 based upon applicant's request for a building permit to construct
additions and alteraUons, and the Building Department's November 9, 1999 Notice of
Disapproval for the reason that the proposed single-family dwelling with addiUons and
alterations will have a side yard at less than the :15 lc, code-required minimum and less than 35
Page 6 - Minutes
Regular Meeting of January 13, 2000
Southold Town Board of Appeals
feet for total side yard area. (The use of the cottage as a dwelling will be removed and the
same building would be added to the principal building for not more than one dwelling on this
......... ~t,) ~ oration of Property: 220 Broadwaters Road, Cutchogue; County Parcel~.:L0O0.-104-1~L
aiso referred to as Lot' No. 182 on the Map of Nassau Point Club Properties.
VOTE OF THE BOARD: AYES: Members Goehringer (Chairman),
Dinizio, Tortora, and Collins. This Resolution was duly adopted (4-0). Member
Homing of Fishers Island was absent during this Resolution.)
IV - C. RESOLUTION: Motion was made by Chairman Goehringer, seconded
by Member Dinizio, and duly carried, to approve the Minutes of the December
14, 1999 Regular Meeting. Vote of the Board: Ayes: Members Goehringer
(Chairman), Dinizio, Tortora, and Collins. This Resolution was duly adopted (4-
0). Member Horning of Fishers Island was absent during this Resolution.)
IV - D. SPECIAL MEETING DATE: The Chairman confirmed 6:45 p.m. for the
Special Meeting calendared for Wednesday, 1/19/99.
IV - E. RESOLUTION: Motion was offered by Chairman Goehringer, seconded
by Member Dinizio, and duly carried, to accept applicant's request to withdraw
Appl. No. 4765 - Frank Field Realty Project at Greenport and recommend a
refund of the $400 paid to the Habitat for Humanity (cio Kiwanis Club). Vote of
the Board: Ayes: Goehringer, Dinizio, Tortora, Collins. This Resolution was
duly adopted (4-0). (Member Horning of Fishers Island was absent during this
Resolution.)
V. EXECUTIVE SESSION (none held).
Brief reviews of pending files and general discussions by Board Members
followed. The Chairman noted an application in behalf of Dr. Huberman - the
application was noted as incomplete and lacking jurisdiction under the 1984
variance due to code. changes over the years and the Board Secretary shall
retur~n the application to Patricia Moore, Esq.
Page 7 - Minutes
Regular Meeting of January 13, 2000
$outhold Town Board of Appeals
There being-no other business properly coming--before the Board at
this time, the Chairman declared the Meeting adjourned. The Meeting
adjourned at apProximately 10:05 p.m.
Respectfully submitted,
Attachm~i~]"~i~e Dec=,D .......%-z..~.; Board Secretary
..... .~ ;%~oCJ. s~erre~¢ ;" 1/31/2000
...-~pproved - Gerard p.
¢2/3/00 ,ard P. ~,ng~B;*Chairman