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Home My WebLink AboutZBA-04/22/1999 Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NewYark 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 APPEALS Ir:>ARQ MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES THURSDAY, APRIL 22, 1999 REGULAR MEETING A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the South old Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 5r 1999 commencing at 6:55 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Lucy Farrell, pit Clerk-Typist 6:40 p.m. Chairman Goehringer called the meeting to order and then proceeded to Agenda Item I - SEQRA Determinations. A. RESOLUTION. Motion was made by Member Tortora, seconded by Chairman Goehringer, and duly carried, to DECLARE the following Declarations under SEQRA: Type II Actions, being setback, lot-line or accessory use projects: Appl. No. 4677 - S. Scace Appl. No. 4672 - D. Rose Appl. No. 4673 - J. Lang Appl. No. 4674 - S. Friedman Appl. No. 4678 - V. Basilice Appl. No. 4680 - R. Terry Appl. No. 4665 - F. Raynor Appl. No. 4676 - A. Palumbo Appl. No. 4679 - J. Rogers Appl. No. 4684 - S. Tully Page 2 - Minutes Regular Mèeting of April 22, 1999 South old Town Board of Appeals Appl. No. 4682 - P. Winters Appl. No. 4683 - V. Campbell Appl. No. 4675 - A. Hughes Appl. No. 4636 - P. Mortimer (project amendment) Unlisted Action and Negative Declaration (No Adverse Effect) as prepared for: Appl. No. 4681 - Michael Hughes/North Shore Yacht Sales. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS AND HORNING. This Resolution was duly adopted (5-0). * * * II. PUBLIC HEARINGS: The Chairman read the Legal Notice, starting with the first public hearing agenda item: PUBLIC HEARINGS 6:30 p.m. Appl. No. 4668 - SOUTHAMPTON LUMBER CORP. A Variance is requested under Article XXIV, Section 100-241-G, for permission to reinstate (re-establish) use as a lumberyard and related activities, which use is nonconforming in this Hamlet-Business Zone District, at 13650 Main Road, Mattituck, NY; County Parcel No. 1000- 114-11-24.3. (Resolution adopted 4/8/99 reopened hearing for this meeting date.) (Note that a previous hearing was also held 3/25/99). Stephen L. Ham, Esq. appeared in behalf of the applicant. Charles Cuddy, Esq. appeared for Donielle Cardinale in opposition. After brief testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. Vote of the Board: AYES: All (5-0). 6:40 p.m. Appl. No. 4677 - STEPHEN AND JENNIFER SCACE. A Variance is requested under the Southold Town Zoning Code, Article XXIV, Section 100-244 to locate a proposed dwelling with a setback at less than 55 feet from the (westerly) front property line. The subject property contains less than 79,999 sq. ft. in area and is defined as a corner lot with more than one front yard area under the Zoning Code. Location of Property: East End Road, Fishers Island, NY; County Parcel No. 1000-4-5-18. Stephen Ham, Esq. appeared for the applicants. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. Vote of the Board: AYES: All (5-0). 6:50 p.m. The next hearing (D. Rose) was cancelled due to lack of Chapter 58 Notice from Suffolk Environmental Consulting, representing the applicant. Motion was made by Chairman Goehringer, seconded by Member Horning, and duly carried, to re-schedule this application for a public hearing to be held on May 20, 1999. This Resolution was duly adopted (5-0). Appl. No. 4672 - DOUGLAS AND AMY ROSE. Page 3 - Minutes Regular Méeting of April 22,1999 Southold Town Board of Appeals A Variance is requested under the Southold Town Zoning Code, Article XXIV based upon the December 3, 1998 Notice of Disapproval which states that the proposed addition does not meet the requirements of Section 100-244 for a required 15 ft. side yard setback. Location of Property: 500 Maple Lane, Southold, NY; Parcel 1000-64-01- 20. 6:51 p.m. The next hearing (J. Lang) was cancelled due to lack of Chapter 58 Notice by the owners. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to re-schedule this application for a public hearing to be held on May 20, 1999. Appl. No. 4673 - JOHN LANG (HANS LANG). A Variance is requested under the Southold Town Zoning Code, Article IlIA, Section 100- 30A.4, based upon the January 28, 1999 Notice of Disapproval which states that the proposed shed is in the front yard area. Location of Property: 190 Osseo Avenue, Southold, NY; Parcel 1000-87-3-20. 6:53 p.m. Appl. No. 4674 - STEPHEN FRIEDMAN. A Variance is requésted under the Southold Town Zoning Code, Article XXIV, Section 100-244B, based upon the January 8, 1999 Notice of Disapproval which states that the proposed addition/alteration to an existing dwelling is less than 25 feet for total combined side yards. Location of Property: 2140 Deep Hole Drive, Mattituck, NY; County Parcel 1000-123-04-4.1. T. Ludlow, builder/agent appeared in behalf of the owner. Concerns were expressed by Mrs. Elaine Villani, abutting property owner closest to the nonconforming sideyard. After discussions and testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to recess the hearing to May 20, 1999 for a continuation. This Resolution was duly adopted (5-0). 7: 12 p.m. Appl. No. 4678 - VINCENT AND LINDA BASILlCE. Variances are requested under the Southold Town Zoning Code, Article XXIII, Section 100-239.4B and Article IIIA, Section 100-30A.3, based upon two February 23, 1999 Notices of Disapproval which state that the proposed raised brick patio is less than 75 feet from bulkhead and will exceed 20% lot coverage. Location of Property: 3255 Bay Shore Road, Greenport,. NY; County Parcel 1000-53-6-8. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Horning, and duly carried, to close the hearing. Vote of the Board: AYES: All (5-0). 7:21 p.m. Appl. No. 4680 - RAYMOND AND BARBARA TERRY. A Variance is requested under the Southold Town Zoning Code, Article XXIII, Section 100-239.4B, based upon the Notice of Disapproval which states that a deck is proposed to be located within 75 feet of existing bulkhead. Location of Property: 610 Jockey Creek Drive, Southold; 1000- 70-5-11. R. Brown, Architect appeared for the applicants. The Affidavits of Mailing were not available but Mr. Brown agreed to bring them in tomorrow. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing (pending receipt of the Affidavits required under Chapter 58 for Notice to Landowners.) Vote of the Board: AYES: All (5-0). 7:26 p.m. Appl. No. 4665 - FRANK RAYNOR. A Special Exception is requested Page 4 - Minutes Regular Meeting of April 22;1999 Southold Town Board of Appeals under Article III, Section 100-318(14) for approval of Accessory Apartment Use in applicant's existing residence at 3370 Wickham Avenue, Mattituck, NY; Parcel No. 1000- 107-9-15. Mr. Raynor appeared in behalf of his application. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. Vote of the Board: AYES: All (5-0). (Decision adopted later in the meeting.) 7:30 p.m. Appl. No. 4676 - ALBERT PALUMBO. Variances are requested under the Southold Town Zoning Code, Article XXIII, Section 100-239.4A(1) and Article XXIV, Section 100-244 based upon two January 12, 1999 Notices of Disapproval which state that the proposed deck addition is within 100 feet of the bluff or bank of the Long Island Sound and does not meet the requirements of Section 100-244 for total side yards of 25 feet (10 ft. and 15 ft. each, as a minimum). Location of Property: 1095 Aquaview Avenue, East Marion, NY; County Parcel 1000-21-2-14. (Please see written transc;ript, filed separately, for statements and discussions received for the record at this time.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. Vote of the Board: AYES: All (5-0). 7:45 p.m. Appl. No. 4679 - JACKIE AND JON ROGERS. A Variance is requested under the Southold Town Zoning Code, Article XXIV, Section 100-244 based upon the March 2, 1999 Notice of Disapproval which states that the proposed addition is located at less than 35 feet from the rear property line. Location of Property: 9220 Main Road, East Marion, NY; Parcel 1000-31-8-4. (Please see written transcript, filed separately, for statements received into the record at this time.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. Vote of the Board: AYES: All (5-0). 7:50 p.m. Appl. No. 4684 - SHAWN TULLY. A Variance under Article XXIII, Section 100-239.4A(1) based upon the March 12, 1999 Notice of Disapproval which states that an addition is proposed at less than 100 feet from the top of the bluff of bank of the Long Island Sound. Location of Property: 2840 Stars Road, East Marion, NY; Parcel 1000-22-3-1. C. Cuddy, Esq. appeared in behalf of the applicant, Shawn Tully. (Please see written transcript, filed separately, for statements received into the record at this time.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. Vote of the Board: AYES: All (5-0). 8: 12 p.m. Appl. No. 4682 - PETER AND MARILYN WINTERS. A Variance is requested under the Southold Town Zoning Code, Article III-A, Section 100-30AA (ref. 100- 33) based upon the December 29, 1998 Notice of Disapproval for the reason that (a portion of) the accessory inground swimming pool is in the side yard area. 50S Custer Avenue, Southold; 1000-70-8-24. (Please see written transcript, filed separately, for statements received into the record at this time.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. Vote of the Board: AYES: All (5-0). 8:16 p.m. Appl. No. 4681 - MICHAEL K. HUGHES and NORTH SHORE YACHT paç¡e 5 - Minutes Regular Meeting of April 22,1999 Southold Town Board of Appeals SALES. A Special Exception is requested under the Southold Town Zoning Code, Article XX, Section 100-101B(12) for permission for retail sales, display and service of boats and marine items, an authorized use in this "B" General Business Zone District. Location of Property: 9605 Main Road (formerly Bergen Oil), Mattituck, NY; Parcel 1000-122-6-12. Michael Hughes appeared in behalf of his application. (Please see written transcript, filed separately, for statement received into the record at this time.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. Vote of the Board: AYES: All (5-0). 8:35 - 8:45 p.m. A short break was taken, and the members returned to the meeting room. The Meeting reconvened at 8:45 p.m. 8:45 p.m. Appl. No. 4683 - VIRGINIA CAMPBELL «by Patrick Kelly) A Variance is requested under the Southold Town Zoning Code, Article III-A, Section 100- 30A.3 and Article XXIII, Section 100-239.4 based upon two February 26, 1999 Notices of Disapproval which state that the addition is proposed to be located at less than 75 feet from the bulkhead and will exceed the overall 20% lot coverage limitation. 215 Harbor Lights Drive, Southold; 1000-71-2-6. S. Ham, Esq. 9:14 p.m. Appl. No. 4675 -ANTHONY HUGHES and SUSAN HULME.! A Variance is requested based upon the January 21, 1999 Notice of Disapproval which states that under Article XXIV, Section 100-244B, the required side yard for lots with .58 acre is to be 15 ft. minimum and a total combined side yard of 35 feet. Location of Property: 1330 Salt Marsh Lane, Peconic, NY; County Parcel 1000-68-03-03. Anthony TOhitl, Esq. appeared in behalf of the applicant, Anthony Hughes and Susan Hulme. (Please see written transcript, filed separately, for statements entered into the reco~d at this time.) After receiving testimony, motion was made by Chairman Goehringer, secorhded by Member Dinizio, and duly carried, to close the hearing. Vote of the Board: AYES: All (5-0). 9:30 p.m. Appl. No. 4636 - PATRICK MORTIMER. A Variance under Article XXIII, Section 100-239.4B is requested for a deck addition, as shown on survey amended by March 2, 1999 and March 18, 1999, to be located at less than 75 feet from the existing bulkhead at 3895 Paradise Point Road, Southold, NY; Parcel 1000-81-1-8. P. Moore, Esq. appeared in behalf of the applicant. (Please see written transcript for statements entered into the record at this time.) After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. Vote of the Board: AYES: All (5-0). 10:10 p.m. RESOLUTION. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to RE-OPEN THE HEARING (agreed by applicant's attorney), in the Matter of Appl. No. 4662- P. MOTLEY and RUSHIN. A new hearing date will be calendared once the information requested by the Board at its March 25, 1999 meeting is provided by applicants. This Resolution was duly adopted (5-0). End of Hearings. Page 6 - Minutes Regular Meeting of April 22, 1999 Southold Town Board of Appeals * * * RESOLUTION: Today notification was received from the applicant regarding Appl. No. 4664 - LUSTGARDEN (Owner)/TAVANO (contract vendee) withdrawing their application. Motion was made by Chairman Goehringer¡ seconded by Member Collins¡ and duly carried¡ to ACCEPT applicant's request to withdrawn the application. (A new application process would follow if the property owner decided to proceed further.) This Resolution was duly adopted (5-0). * * * DELIBERA TIONS/DECISIONS: Appl. No. 4665 - FRANK RAYNOR. The Board deliberated and adopted a favorable determination (copy attached at the end of this set of Minutes). Appl. No. 4680 - RAYMOND AND BARBARA TERRY. The Board deliberated and then the following Resolution was adopted: Motion by Member Tortora¡ seconded by Chairman Goehringer¡ and duly carried¡ to GRANT the variance with conditions that the deck remain unroofed and "open to the sky" and no further extension of the structure toward the bulkhead. AYES: MEMBERS GOEHRINGER¡ DINIZIO¡ TORTORA¡ COLLINS, and HORNING. This Resolution was duly adopted. (See Determination subsequently filed with the Town Clerk. ) * * * RESOLUTION: Hearings for May 20, 1999: Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried¡ to CONFIRM the following applications for public hearings to be held on MAY 20, 1999, and AUTHORIZE advertising of the Legal Notice as prepared in the official newspaper of the Town (Suffolk Times): 6:40 p.m. Appl. No.4685 - VINCENT TORRE. This is a request for a Variance under Zoning Code Chapter 100¡ Article III, Section 100-31C(2) based upon the October 20, 1998 Notice of Disapproval (updated January 27, 1999) regarding a building permit application to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery¡ disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A-C Zone. Location of Property: 100 Sound Avenue, Mattituck¡ NY; Parcel ID 1000-120- 3-1. 6:45 p.m. Appl. No. 4686 - ANDREA AND STACEY PALIOURAS. This is Variance under Article X, Section 100-102 based upon the October 20, 1998 Notice of Disapproval for a permit to use part of an existing dwelling¡ disapproved in this B Business Zone District for a Gift Shop for the reason that an additional use {for a Page 7 - Minutes Regular Meeting of April 22;1999 Southold Town Board of Appeals gift shop) is proposed on an insufficient lot area of 51/400 sq. ft. (in conjunction with a principal dwelling use). Location of Property: 32570 c.R. 481 Peconicl NY; 1000-74-4-9. 6:55 p.m. Appl. No. 4687 - PRISCILLA STEELE. This is a request for a Lot Waiver under Article III Section 100-261 regarding a substandard lot known as 275 Village Lane (west side)1 at Mattituckl NYI situated approximately 122 feet north of the Main Road. The March 221 1999 Notice of Disapproval states that the Zoning Code Article III Section 100-25 merges this lot with an adjacent lot to the west (which fronts along the Main Road), identified as 1000-114-06-03. The lot which is the subject of this Waiver request is identified on the County Tax Maps as 1000-114-6-5. 7:05 p.m. Appl. No. 4688 - MARILYN GRUMEf. This is a request for a Variance under Article XXIV, Section 100-2441 based upon the March 121 1999 Notice of Disapproval for a permit to construct two decks with insufficient front and rear yard setbacks. Location of Property: This is a corner lot located on the east side of Beebe Drive and the south side of Wilson Road, Cutchogue, NY; Parcel 1000-103-9-4. 7: 15 p.m. Appl. No. 4689 - MERLON AND ISABELLE WIGGIN. This is a request for a Variance under Article XXIII, Section 100-232BI based upon the January 21, 1999 Notice of Disapproval, for approval of total height of "as built" berm along/within front yards at 10940 Main Roadl East Marion, NY; 1000-31-11-13. 7:25 p.m. Appl. No. 4690 - LOUISE RICHARDS. This is a request for a Variance Article XXIV, Section 100-244 based upon the March 18, 1999 Notice of Disapproval, for permission to construct an addition which will have an insufficient front yard setback, in part, at 400 Marlene Lane, Mattituck, NY; 1000-143-2-24. 7:35 p.m. Appl. No. 4691 - CELESTE THEOPHILOS. This is a request for a Variance under Article XXIII, Section 100-239.4A(1), based upon the April 1, 1999 Notice of Disapprovall for a permit to construct second-story addition with 4 ft. balcony and "as built" first floor deck (most of existing deck replaced a former porch), all located within 100 feet from the top of the L.I. Sound bluff at 20365 Soundview Avenue, Southold, NY; 1000-51-4-9. 7:45 p.m. Appl. No. 4692 - CHRISTOPHER AND HEIDEMARIE GRATTAN. This is a request for a Variance under Article IlIA, Section 100-30A.4 based upon the March 24, 1999 Notice of Disapproval, for a permit to construct accessory swimmingpool in a front yard area, rather than the required rear yard, at 6305 Horton's Lane, Southoldl NY; Parcel 1000-54-7-18.8. 7:55 p.m. Appl. No. 4693 - L. TRAPIDO. This is a request for a Variance based upon the December 1, 1998 Notice of Disapproval, Article XXIV, Section 100-244B for a permit to construct an addition (deck and existing storage building) which will have a cumulative side yard total of less than 35 feet, at 205 Carrington Road I Cutchogue, NY; Parcel 1000-111-11-27. Pag~ 8, - Mjnutes Regular Meeting of April 22, 1999 Southold Town Board of Appeals 8:05 p.m. Appl. No. 4694 - BARRY SHAPIRO. This is a request for a Variance under Article XXIII, Section 100-239.4B, based upon the March 17, 1999 Notice of Disapproval, for permission to construct deck which is proposed within 75 feet of existing bulkhead, at 625 Wood Lane, Peconic, NY; Parcel 1000-86-6-7. 8:15 p.m. Appl. No. 4672 - DOUGLAS AND AMY ROSE. A Variance is requested under Article XXIV, Section 100-244, based upon the December 3, 1998 Notice of Disapproval which states that the proposed addition at less than the required 15 ft. side yard setback at 500 Maple Lane, Southold; 1000-64-01-20. 8:20 p.m. Appl. No. 4673 - JOHN (HANS) LANG. A Variance is requested for a shed location in a front yard, under Article IIIA, Section 100-30A.4, based upon a January 28, 1999 Notice of Disapproval. Location of Property: 190 Osseo Avenue, Southold; 1000-87-3-20. 8:25 p.m. Appl. No. 4674 - STEPHEN FRIEDMAN. (Continuation from April 22, 1999 hearing). Variance for cumulative side yards for dwelling addition at 2140 Deep Hole Drive, Mattituck; 1000-123-04-4.1. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS, and HORNING. This Resolution was duly adopted (5-0). * * * SPECIAL MEETING SCHEDULED: The Chairman set Wednesday, May 5, 1999 at 6:45 p.m. at the date of the next Special Meeting, for the purpose of continuing business matters carried over from tonight's agenda, and new matters that would properly come before the Board at that time (if any). * * * The Chairman declared the meeting adjourned at 10:30 p.m. Respectfully submitted, ~a ~JaL<bk(~' L::lnda Kowalski 5/7/99 Board Secretary -I AND FILEb BY \ 'V'~'f",'t' , ... . \ ~ I HOUR ¡. I ! I \ , Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lara S. Collins George Horning Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 APrEALS"BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF APRIL 22, 1999 Appl. No. 46.65- FRANK RAYNOR STREET & LOCALITY: 3370 Wickham Avenue, Mattituck 1000-107-9-15 DATE OF PUBLIC HEARING: April 22, 1999 REQUEST MADE BY APPLICANT: This is a request for a Special Exception to recognize an Accessory Apartment in applicant-owner's residence as provided by Article III, Section 100- 31B, Sub-Section 13 of the Southold Town Zoning Code. PROPERTY DESCRIPTION: This property is 20,000 sq. ft. in total area with 100 ft. frontage along Wickham Avenue and lot depth of 200 feet. The property is improved with a single- family dwelling, owned and occupied by the applicant as his residence. Applicant has submitted a survey prepared by Young & Young dated May 21, 1981 which shows the dwelling at 43.7 feet from the front property line and side yards at 17.9 feet and 36.9+- feet. A swimming pool and metal shed building are both located in the required rear yard. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony, documentation, and other evidence, the Zoning Board determined the following Findings of Fact to be true and relevant: 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. 2) The Special Exception use is an accessory use, incidental to the residence of the owner in this dwelling, and will not prevent the orderly and reasonable use of adjacent properties and 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. , PJlgE: 2 - Appl. No. 4665 Re: 1000-107-9-15 CfbynolJ Decision Rendered April 22, 1999 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 5) This zoning use is authorized by the Zoning Code through the Board of Appeals, as noted herein, and a Certificate for Occupancy from the Building Inspector will be required. 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application for an Accessory Apartment in conjunction with applicant-owner's residence as applied for. VOTE OF THE BOARD: Ayes: Members Gerard P. Goehr~er, Chairman, James Dinizio, Jr., Lydia A. Tortora, Lora S. Collins and Geo;:::c~~~ /"2U GERARD P. 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