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Home My WebLink AboutZBA-02/23/1999 ~LS BOARD MEMBERS Southold Town Hall . Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES TUESDAY, FEBRUARY 23, 1999 REGULAR MEETING ! A Regular Meeting of the SOUTH OLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Tuesdav~ Febuarv 23, 1999 commencing at 6:35 p.m. Present were: Gerard P. Go~hringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member (left 8:08 p.m.) Lora S. Collins, Member Linda Kowalski, Secretary to ZBA 6:35 p.m. The Chairman called the meeting to order. * * * I I AGENDA ITEM I: PUBLIC HEARINGS. The Board proceeded with the first item on the Agenda. Each of the Applicants submitted Affidavits of Mailings with remaining mail receipts and completed Affidavits of Posting. Unless otherwise noted below, each hearing was declared concluded by the Board, pending deliberations and/or additional site visits by Board Member(s). (Please see transcript of hearings prepared separately, or alternatively the tape recordings, for hearing statements.) 6:38 - 6:55 p.m. Appl. No. 4658 - MICHAEL AND JEANNE SWEET BARTOS. Variance regarding lot coverage and bulkhead setback in a building permit application for a proposed addition and prior owner's as-built deck. 1820 Mill Road, Peconic. Mr. Bartos and the applicants' architect, Marion Gabrysiak, spoke in behalf of their application. The application was amended by applicants with removal of the 10 x 14 deck, which removed the need for a lot coverage variance. No objections from neighbors were received during the hearing. 6:55 - 6:58 p.m. RESOLUTION TO CLOSE time period for WRITTEN PORTION OF RECORD. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the record for the , remaining (written) portion for Appl. No. 4609 - MARY MURPHY. U Sound Bluff setback variance. i Private right-of-way, north of Bridge Lane, which parcel is known as 9206 Bridge Lane, Cutchogue; 1000- I. 73-2-3.3. (Verbal portion of record was concluded 1/21/99). Resolution adopted. I II Ii II 6:58 - 7:04 p.m. Appl. No. 4653 - WILLIAM AND CATHERINE (SMITH) MULRAIN. 8' x 12' shed II III location. Mr. and Mrs. Mulrain both spoke in behalf of their application. No objections from neighbors I~ were received during the hearing. II! I~ [ I I 1 Page 2 - Minutes . . February 23, 1999 Regula eeting Southold Town Board of Appeals 7:04 - 7:15 p.m. Appl. No. 4654 - DR. M. GORENKOFF. RO Zone/Spec. Exc. for ProfesSional Office. Main Road, Mattituck. Catherine Mesiano spoke in behalf of the applicant. Also attending in the audience was Abigail Wickham, Esq. A letter was received from the Zahra Family regarding their request for privacy screening. No other concerns were received during the hearing. 7:15 - 7:25 p.m. Appl. No. 4656 - JOSEPH KOLLEN. Deck/Rear yard. Southold. Mr. and Mrs. Kollen appeared and spoke in behalf of their application. No objections were received from neighbors during this hearing. 7:25 - 7:33 p.m. Appl. No. 3426. G. DOROSKI and ALEX and S. VILLANI. Request for Variance in establishing minimum construction standards under Section 2BO-A, New York Town Law, over private rights-Of-way extending from the north side of C.R. 48, Peconic; Parcel 1000-68-4-10.1. Debora h Doty, Esq. spOke in behalf of Mr. and Mrs. Villani, who were also present. Attending also was Melanie Doroski in the audience. A letter was submitted to the Board late this afternoon from the Suffolk County Water Authority which addressed their concerns. No other concerns were submitted from neighbors at this point. 7:25 - 7:33 p.m. Appl. No. 4651 - WILLIAM HANDS. JR. Patio above average grade/bulkhead setback less than 75 feet. 960 Willow Terrace Lane, Orient. Bill Hands spoke in behalf of his application. No objections were received from neighbors. 7:33 - 7:5S p.m. Appl. No. 4655 - J. BOYLE AND HANDS FUEL CO.. Main Road, Orient. Variance to allow use and possible merger of a strip of Boyle land for Hands Service Station parking or storage area (existing). Robert Hughes, Attorney for Mr. Boyle spoke in behalf of the application. After discussions, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS for a continuation on March 25, 1999. (The Board requested Affidavits from Mr. Hughes with regard to the preexisting nature of the land.) This Resolution was duly adopted (4-0). RESOLUTION TO CLARIFY PATIO CONSTRUCTION: After discussions by board members, the Chairman offered the following motion, seconded by Member Dinizio PATIO: The height shall be limited at zero inches, flush (level) with the ground at one end, and limited to a height of 16 inches from ground level at the opposite end, with at least 50% of the entire structure built below grade. The patio would also be flat and level and meet safety requirements. Vote of the Board: AYES: Members Goehringer, Dinizio, Collins and Horning. (Member Tortora abstained.) This Resolution was duly adopted (4-0, and one abstention). * * * Page 3 - Minutes February 23, 1999 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS, CONTINUED: 8:00 - 8:05 p.m. Appl. No. 4659 - WILLIAM GREMLER. Kraus Rd, Mattituck. Addition to dwelling. portion of addition over 20% lot coverage limitation of the zoning code. Mr. and Mrs. Gremler appeared, and Mr. Gremler spoke in behalf of their application. No neighbor objections were received during the hearing. 8:05 - 8:08 p.m. Appl. No. 4657 - MR. AND MRS. R. HEFFERNAN. Deck/bulkhead setback. Southold. Bob Grigonis spoke in behalf of the applicants. No neighbor objections were submitted during the hearing. Member Horning was excused at 8:08 to return to Connecticut/Fishers Island. A short break was taken and the meeting reconvened at 8:22 p.m. PUBLIC HEARINGS, CONTINUED: 8:22 - 8:24 p.m. Appl. No. 4661 - ELLEN VIOLETT. Pool/bulkhead setback. Cedar Beach Drive East, Southold. Doug Wendell spoke in behalf of the application. No neighbor objections were submitted at the hearing. 8:24 - 8:29 p.m. Appl. No. 4648 - ROSE DIACHUN. Variance under Town Law, See. 280-A and Section 10-235A of the Zoning Code, for a determination establishing minimum construction standards over private right-of-way over land 1000-127-8-17.3, extending from the N/s Peconic Bay Boulevard, Laurel, to Parcel 1000-127-3-10. Richard Lark, Esq., attorney for the applicant, sent confirmation of his request for a postponement. Mrs. Eleanor Diachun and her son, Ronald, spoke with concerns about the right-of-way which they say does not exist. After discussions, the Board took the following action: On motion by Chairman Goehringer, seconded by Member Collins, it was RESOLVED, that the hearing is recessed, as requested by applicant's attorney, without a date, for a period of 12 months, pending updated information regarding the location or creation of a right-of-way. If no nformation is updated or furnished, this application is null and void as of February 23, 2000. (Applicant would reapply with new application and Chapter 58 notice requirements, ete. to activate a request for variance.) VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND COLLINS. (Member Horning was absent-excused during the time of this Resolution.) This Resolution was duly adopted (4-0). PUBLIC HEARINGS, CONTINUED: 8:29 - 8:58 p.m. Carryover Resolution adopted January 21, 1999: PLANNING BOARD REOUEST FOR INTERPRETATION (Drossos site and pOSSible Town-Wide Interpretation). The hearing Page 4 - Minutes February 23, 1999 Regular Meeting Southold Town Board of Appeals reconvened. Speaking with concerns and supporting the owner's property which is the subject of this application were: Philip J. Cardinale, Esq., Joseph Lizewski, D.D.5., John DiVello, William Lieblein, John Costello. 8:58 - 8:59 p.m. Appl. No. 4643 - JOHN MESLOH. This is a request for a Variance, based upon the Building Inspector's October 14, 1998 Notice of Disapproval (for a building permit), Article IIIA, Section 100-30A.3, to construct a deck addition with a front yard setback at less than 50 feet, at 2150 Arrowhead Lane, Peconic, NY; Parcel 1000-98-2-16.2. (Carryover by agent for applicant from the 1/21 Hearing.) The applicant, by his builder Doug McGahan, has requested a postponement without a date pending a pOSSible new plan. RESOLUTION: Motion by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS the hearing without a date, pending updates from the applicant-builder. This Resolution was duly adopted (4-0). 8:59 p.m. Appl. No. 4644 - MARIA TRUPIA. This is a request for a Variance based upon the Building Inspector's Notice of Disapproval dated November 20, 1998 (for a building permit), Article IIIA, Section 100-30A.3, for approval of an "as built" entry stoop addition with a side yard setback at less than the required 15 feet, at 1395 Sleepy Hollow Lane, Southold; 1000-78-1-10.20; also known as Lot 14 on the Map of Sleepy Hollow. (Carryover by applicant from the 1/21/99 Hearing for attendance by current builder or other repr.) John Bertani, Builder spoke in behalf of the application for Mrs. Trupia (who was also present.) J. Kevin Mclaughlin, Esq. appeared for the abutting neighbor, Dr. Cancellas, in opposition to the application. The Chairman asked Mr. McLaughlin to consider pOSSible conditions to mitigate their concerns in the event the application were approved. Mr. McLaughlin said he would reply in the next day or two. End of hearings. * * * AGENDA ITEM III: DELIBERATIONS/DECISIONS. The Board went into a Work Session, discussing applications which have been heard. No action was taken and the Chairman indicated that agenda items will continue at the Special Meeting scheduled for Thursday, March 4, 1999. The meeting adjourned at approximately 9:55 p.m. Respectfully submitted, ~+:;~~ . mda F. Kowals i 3/10/99 Confidential Secretary I RECEIVED AND FILED-I I THE SOUTHOTD TO'\7l< I - ...... If' JL CLE.-qK I I DATE3Jz~.5' HOUR 3".:50::1 I q M4f22?-~a I l t .' f own Clerk, Town of Soulhold I i -~-~~.~ ... 'l APPEALS BOARD MEMBERS Southold Town Hall /~"'terard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZaA~ax (51?) 765-9064 George Horning Telephone(51~) 7.65-1809 BOARD OF <APPEALS TOWNOF SOUTHOLD FINDIN(jS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF FEBRUARY 23, 1999 Appl. No. 4653 - -CATHERINE SMITH-MULRAIN STREET & LOCALITY: : 1520 Bray Avenue, Laurel; 1000:'126-7-27 DATE OF PUBLIC HEARING: February 23, 1999 FINDINGS OF FACT fl' PROPERTY FACTS/DESCRIPTION:. The subject property is located along the westerly side of Bray Avenue, Mattituck,. and is referred to as Lot No.. 56 on the Map of - George I.Tuthill filed in the County Clerk's Office as Map No. 861. The lot is 50 ft. wide by 100 ft. deep and is improved with a single-family dwelling with accessory frame shed located in the rear yard. . lbebuildings are shown oh the September 30, 1987 survey prepared by Roderick Van Tuyl, P.C. BASIS OF APPEAL: The Building Ihspector~s December 29, 1998 Notice of Disapproval, under Article In, Section 100-33 for "an as-built shed located in the rear yard at less than three feet from the property line." AREA VARIANCE RELIEF REQUESTED: Applicant has filed a request for a building permit regarding. an "as built" shed 8 ft. by 12 ft. in size, as located approximately 2.5 feet from the rear westerly property line. The height of the shed is less than 10 feet from grade. . . REASONS FOR BOARD ACTION. DESCRIBED BELOW:.. On the b~sis of testimony presented. and personal inspection, the Board made the following findings: 1) Grant of an area variance will not proclucean undesirable change in character of neighborhood or a detriment to nearby properties because the shed is small. 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 shed is small and has existed for 19 years (or longer) and is costly to move. ------._._-~_... ,."._----_..~--,._-- -----..- ,~".<-- page 2 - Appl. No.. 4653 Mulrain-Smith Reg~larMeetjng - February 23,. 1999 . SOuthold Town BOard of Appeals " 3) The requested area variance is hotsuost~ntialrepresenting approximately six inches. 4) There is no eVidence that the granfofthevariance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. S) Information from prior building permit records shows that the shed was existing in its present location prior to September 10, 1979 (ref: building permit File No. 10396Z). In considering this application, the. Soarc:J deems this ac:tion fobe the minimum necessary and adequate to preserve and protect the character of the neighbOrhood, and the health, safety! welfare of the community. . ""; RESOLUTION1ACTION:On motiql'l by ,Member ... Dinizio,secondecloy Chairman Goehringer,it was RESOLVED, to GRANT the accessory shed in its present location, as applied. VOTE OF THE BOARD: GOEI-IRINGER, DI~IZIO, TOR: ORA, ~ORNING, AND COlliNS: This Resolution . W;;IS duly adopted (5-0). .. . ... ....~ ~ .- GERARD P. GOEflRINGE CHAIRMAN For Fili119 ~y3/1/99 .. . ".M~ . ~! APPEALS BOARD MEMBERS South()ld To\Vh Hall ,/'rrerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765~9064 George Horning Telephone (516) 765-1809 BOAJIDO~~PEALS TOWN OF SOUTHOLD FINDINGSfDE~IBERATI()NSAND DETERMINATION REGULARMEETINGiOF ,FEBRUARY 23,.1999 Appl.No. 4651-WILLIAM.A. HANDS. JR. STREET & lOCALITY: 960 Willow Terrace Lane, Orienti1000-26-2-21 DATE OF PUBliC HEARING: February 23, 1999 FINDINGS OF FACT ~,- 'f'":. PROPERTY FACTS(DESCRIPTION: ,lh~suqj~~proper1:yiS located along thf2east;erty . side of Willow Terrace Lane in Orient. The premises is improved with a new single:'family dwelling. The property is approximately. 22,5QO sq.. ft. in total.area with. 100 ft. frontage / along Willow Terrace Lane. BASIS OF APPEAL: The Building Inspector'sDecember 29,1998 Notice of DiSCiPproval, - . under Article III, Section 100-239.4B for an '~as built" concrete patio, variably elevated between 5" above ground and 16", located at less than 75 feet from the existing bulkhead. AREA VARIANCE RELIEF REOUESTED: ,."As built"patio, WhiCh requires a building permit dll,~to. its elev~tiol1. above grollm:t (yariable . ,between 5" ?Ibove~round?lt ,one end and 16"atthe opposite end). The patio is appro)(imately 50 feet from, the existing bulkhead and does not extend into the side yard tbeyond.. the . sides of the existing dwelling). REASONS FOR BOARD AcnON. DESCRIBED BELOW: After considering the testimony presented and personal inspections, the Board makes the following determination: . . 1) Grant of the alternative area variance will not produce an undesirable change in the chClracter of neighborhood or a detriment to nearby properties because the patio is basically low to the ground. 2) TheiJenefit sought by the applicant cannot be achieved by some method feasible fOr · applicant .to pursue, other than' an area variance because the code is not dear with respect wthe definition of ground .Ievel "patio construction," although it is dear thatpatios do not require building permits. ---~--~""--- :--~"'"""'~=-,'",.",,c--c-,-,=~,-'-<'_~-'.- ---___ Page 2 - Appl. No. 4651 (Hands) r-\ Regular Meeting - February 23, 1: ''; Soutoold Town Board of Appeals . 3) The requested area variance is not substantial in relation In the code require- ment because the patio is basically low to the ground. 4) There has been no evidence that the grant of the variance will have an adverse effect or impact on the physical or envlronmentai conditions in the neighborhood or district. In conSidering this application, the Board deems that the grant of a patio at 5" to 16" elevation above grade In 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 Chairman Goehringer, seconded by Member Dinizio, it was .-.~ RESOLVED, In GRANT the variance as applied for; and BE IT FURTHER RESOLVED, to clarify the following for Building Department's future interpretation and use under the zoning code regarding patios: The height of a "patio" shall be limited, replacing the lawn mower rule of the Building Department, as a clarificatiOn of the definition and exemption for "patio construction" under Article n of the Zoning Code: VOTE OF THE BOARD: GOEHRINGER, DINIZIO, COLUNS, HORNING. MEMBER TORTORA ABSTAINED (no reason iven~luti911 adopted (4-0, plus one abstention . ... . . ERARD P. GOEHRIN , HAIRMAN . , ,_~IVED AND F BY r filing 2/25/99 'Il<;E SOUTIiOLD TO-VVN CI.Ji:llK l DATE~9' HOUR 9:oS/lIt1 I . /.dJ () ~~4t . I Town Clerk, To.......r:n.,d Sou,thokl '\: { ~~- ! 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