HomeMy WebLinkAboutZBA-05/04/2000APpeALs BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
MINUTES
REGULAR MEETING
THURSDAY, MAY 4, 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, May 4,
2000 commencing at 6:30 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Din-izio, Jr., Member
Lydia A. Tortora, Member
George Horning, Member (left 8:20 p.m.)
Lora S. Collins, Member
Linda Kowalski, Clerk of the Board
6:30 p.m. Chairman Gerard P. Goehringer called the meeting to order.
AGENDA ITEM h The Board proceeded with the first item on the Agenda as follows:
SEQRA REVIEWS/DETERMINATIONS: On motion offered by Chairman Goehringer,
seconded by Member Homing, it was RESOLVED, to declare the following designations of
fYi;c '~'! and Unlisted projects, and to declare No Adverse Effect on the Environment for the
Unlisted ActiofiS:
Type II Projects:
Appl. No. 4806 - T. Gurney
Appl. No. 4805- W. Moiler
Appl. No. 4811 - C. Cornell
Appl. No. 4812 - G. Alec and D. Smith
Appl. No. 4819 - J. Wolf
Appl. No. 4813 - A & Southold Oil Corp.
Appl. No. 4814 - R. Wilson
Appl. No. 4815 - G. Garbe
Appl. No. 4818- C. Meskouris
Appl, No. 4822 - Belvedere Property Management
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Hay 4, 2000 Regular IVleeting
Southold Town Board of Appeals
SEQRA Resolution, continued:
Unlisted Projects:
Appl. No. 4809 - Belvedere Property Management (Special Exc.)
Appl. No. 4816 - V. Daley (Special Exc. for Bed and Breakfast Use)
Appl. No. 4817- J. Boger (Special Exc. for Apartment Use)
Appl. No. 4810- J. Braverman (Special Exc. for Apartment Use).
VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora,
Horning, and Collins. This Resolution was duly adopted (5-0).
II. PUBLIC HEARINGS: The following public hearings were held, and written transcripts of
the statements has been prepared under separate cover and filed for permanent
recordkeeping.
6:33 - 6:53 p.m. Carryovers from last hearing calendar: Matter of Appl. No. 4780 -
LAWRENCE and JOSEPHINE PEARLSTEIN. This is a request for a Variance under Article
III, Section 100-33 based upon the Building Inspector's November 26, 1999 Notice of
Disapproval regarding accessory storage shed located in an area other than the required
rear yard (or required front yard) at 2225 North Sea Drive, Southold; 1000-54-4-23. Mr. and
Mrs. Pearlstein were both present and offered testimony regarding their application.
Opposing the application were John Chilas, landowner across the street, with his daughter
and son-in-law, and neighbor John Betsch of 2325 North Sea Drive. RESOLUTION
ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Collins, and duly carried, to close (conclude) the hearing. Vote of the
Board: Ayes: All (5-0). This Resolution was duly adopted (5-0).
6:54 - 7:09 p.m. Appl. No. 4801 - NANCY WEBER. Proposed pool with a setback at
less than 100 feet from the average top of the bluff at 160 The Strand, East Marion; 1000-21-
5-7. Offering testimony in behalf of Mrs. Weber was Mrs. Jill Doherty. Opposing the
application was Dr. Richard Trowbridge, nearby resident and President of the Pebble Beach
Association for this development. RESOLUTION ADOPTED: After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Horning, and duly
carried, to close (conclude) the hearing. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
7:10 p.m. RESOLUTION ADOPTED: Appl. No. 4802 - ROBERT AND ANDREA
MOHR. Motion was offered by Chairman Goehringer, seconded by Member Horning, and
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Hay 4, 2000 Regular IVleeting
Southold Town Board of Appeals
duly carried, to confirm the application "withdrawn as requested by applicants," and to further
recommend a partial refund of the application fee of $250 (out of $400 paid), after deducting
$150 for costs associated with advertising and related processing. On April 6, 2000 a
hearing was held for the applicants' principal storage building proposed at 630 Wabasso
Street, Southold; 1000-78-3-64. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora,
Horning, Collins. This Resolution was duly ADOPTED (5-0).
7:11 - 7:35 p.m. Appl. No. 4804 - ASTRID GADDIS. Applicant requests Variances
for a dwelling addition at less than 75 feet from the bulkhead and side yards at less than the
existing 14'9" nonconformity. 7020 Peconic Bay Boulevard, Laurel; Parcel 1000-126-11-6.
Offering testimony In support of the application was Mr. Jeffrey Butler, Architect, and Mrs.
Gaddis. Opposing the application was Abigail Wickham, Esq. for Kevin and Anne Shannon,
adjoining property owners. RESOLUTION: After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Member Horning, and duly carried, to close (conclude)
the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
7:35- 7:45 p.m. Appl. No. 4806- THOMAS GURNEY. Requesting a Variance under
Article XXIII, Section 100-239.4A.1 based upon an application for a building permit to
construct a swimming pool and as-built hot tub/spa, as stated in the Building Department's
March 9, 2000 Notice of Disapproval. Both structures are proposed at less than 100 feet
from the bluff or bank of the L.I. Sound, and the spa structure is in a side yard location with
less than 20 feet from the property line. Property: 4055 Aldrich Lane Extension, Mattituck,
NY; Parcel No. 1000-112-1-10. The applicant, Thomas Gurney, offered testimony in support
of his application; also present was Mrs. Gurney. RESOLUTION: After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried,
to close (conclude) the hearing. Vote of the Board: Ayes: All. This Resolution was duly
adopted.
7:45 - 7:51 p.m. Appl. No. 4805- WILLIAM MOLLER. Requesting a Variance under
Article Ill-A, Section 100-30A.3 based upon an application for a building permit to construct
an addition as stated in the Building Department's February 11, 2000 Notice of Disapproval.
The proposed addition is less than 50 feet from a front property line near Old Cove Road.
Location of Property: 2530 Vanston Road, Cutchogue; 1000-111-5-3. Architect Garrett
Strang offered testimony in behalf of the applicant. RESOLUTION: After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and
duly carried, to close (conclude) the hearing. Vote of the Board: Ayes: All. This Resolution
was duly adopted.
7:51 p.m. Appl. No. 4810- JOEL BRAVERMAN. Requesting a Special Exception to
establish an Accessory Apartment use in conjunction with owner's residence as provided by
Article III, Section 100-31B(13). Location of Property: 5700 Alvah Lane, Cutchogue; Parcel
1000-101-2-18.4. Mr. Braverman offered testimony.
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Hay 4, 2000 Regular IVleeting
Southold Town Board of Appeals
PUBLIC HEARINGS, CONTINUED:
7:54 - 7:58 p.m. Appl. No. 4811 - CLIFFORD CORNELL. A Variance is requested
under Article IliA, Section 100-30A.4, and Article XXIII, Section 100-230F, based upon the
February 3, 2000 Notice of Disapproval regarding a building permit application to locate a
proposed garage as an accessory in the side yard. Location: Right-of-way north of North
Bayview Road (to the east of Reydon Drive), Southold; Parcel 1000-79-5-20.8. J. Fitzgerald,
Proper-T Services appeared and offered testimony in behalf of the applicants, Mr. and Mrs.
Cornell, who were also present. RESOLUTION ADOPTED: After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried,
to close (conclude) the hearing. Vote of the Board: Ayes: All. This Resolution was duly
adopted.
7:58- 8:15 p.m. Appl. No. 4819 - J. WOLF. This is a request for a Variance under
Article III, Section 100-32 (100-30A.3) for the rear yard setback of an "as built" foundation on
Lot 11 at Sunny Shores, East Cutchogue at less than 50 ft. on this 20,100 sq. ft. parcel.
Location of Property: Corner of Wilson Road and Beebe Drive, Cutchogue; 1000-103-4-46.
Mr. D. McGahan, Builder for the applicant, offered testimony in behalf of the application.
Speaking in opposition was Mr. Saneafianos. (See written transcript of statements during
hearing.) RESOLUTION ADOPTED: Motion was made by Chairman Goehringer, seconded
by Member Collins, and duly carried, to close (conclude) the hearing. Vote of the Board: All.
This Resolution was duly adopted.
8:15 p.m. Appl. No. 4812 - DIANE SMITH and GEORGE ALEC. This is a request
for a Variance under Article XXIII, Section 100-239 based upon the Building Inspector's
March 22, 2000 Notice of Disapproval which states that the lots proposed in this two-lot
subdivision are less than 80,000 sq. ft. when the land under water is subtracted. The lots
proposed are 73,677 sq. ft. and 79,302+- sq. ft. each when the land underwater is
subtracted. Location: 22445 Main Road, Cutchogue; County Tax Map Parcel 1000-109-1-7.
Philip J. Cardinale, Esq. appeared as attorney for Mr. George Alec and his daughter, Diane
Smith, who were also present. (No opposition was submitted during the hearing.)
RESOLUTION ADOPTED: After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing.
Vote of the Board: Ayes: All. This Resolution was duly adopted.
Member Horning was excused and left at 8:20 to return to Fishers Island by Ferry.
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Hay 4, 2000 Regular IVleeting
Southold Town Board of Appeals
PUBLIC HEARINGS, CONTINUED:
8:22 - 8:45 p.m. Appl. No. 4813 - A & S SOUTHOLD OIL CORP. (and E.M. & T.
Inc.). Variances are requested under Article XXIV, Section 100-242A and Article X, Section
100-101C(1) to locate a canopy structure over gasoline pumps in the front yard area, and to
construct an addition to the existing building, both with insufficient setbacks from front
property lines. This variance is based upon an application for a building permit, which was
disapproved on March 6, 2000. Property: 49670 Main Road, Southold; 1000-70-7-4. The
owner, Mr. Ilgin, and his Architect, Garrett Strang both appeared. Several residents (V.
Trunce, M. Lademann, Wilbur Verity) attended the hearing and opposed the application.
(See written transcript for discussions during hearing.) RESOLUTION ADOPTED: After
receiving testimony, motion was offered by Chairman Goehringer, seconded by Member
Collins, and duly carried, to recess the hearing for further information regarding the curb
location and site planning (which must be obtained from N.Y.S. Department of Transportation
and Town Planning Board). Vote of the Board: Ayes: All. This Resolution was duly adopted.
8:45- 8:50 p.m. Appl. No. 4814- RONALD AND ANNE WILSON. Request for a
Variance under Article XXIV, Section 100-244, based upon an application for a building
permit to construct additions which will exceed the 20% lot coverage limitation. A January
20, 2000 Notice of Disapproval was issued by the Building Department which indicates that
the combined lot coverage is 23.80+- percent. Location: 1330 Gillette Drive, East Marion;
Parcel No. 1000-48-2-14. Mr. Wilson attended and offered testimony in support of his
application. RESOLUTION ADOPTED: After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude)
the hearing. Vote of the Board: Ayes: All (4-0).
8:50 p.m. Appl. No. 4815 - GEORGE GARBE. This is a request for a Variance
based upon the Building Inspector's March 12, 2000 Notice of Disapproval in applicant's
request for a building permit for an "as built" accessory shed. The reasons noted are that the
shed is located in a side yard with a setback at less than three feet on this 15,240+- sq. ft. lot.
Location: 685 Osprey Nest Road, East Marion; Parcel 1000-35-6-27. Mr. Garbe attended
the hearing and offered testimony in support of his application. Also in support of the
variance was Mr. Isreal, who also offered information at the hearing. RESOLUTION
ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Collins, and duly carried, to close (conclude) the hearing. Vote of the
Board: Ayes: All (4-0).
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Hay 4, 2000 Regular IVleeting
Southold Town Board of Appeals
PUBLIC HEARINGS, CONTINUED:
9:07 - 9:55 p.m. Appl. No. 4816 - VEDA DALEY. This is a request for a Special
Exception to establish Accessory Bed and Breakfast use in conjunction with owner's
residence, as provided under Article III, Section 100-30B(14) of the Zoning Code. Location
of Property 8900 Main Road, East Marion; Parcel 1000-31-8-1.1. Mr. and Mrs. Joseph both
appeared and offered testimony in behalf of their request. Attending the hearing and
speaking in opposition were Michael Cotrone, Barbara Marie Smith, Mr. Baxter,. Speaking
in favor of the application was Ms. Daley (Mrs. Joseph's) sister, Sylvia Daley. RESOLUTION
ADOPTED: After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Collins, and duly carried, to recess the hearing for a continuation on
May 10, 2000 at approximately 7:20 p.m. Vote of the Board: Ayes: All (4-0).
9:55 - 10:12 p.m. Appl. No. 4817 - JESSICA BOGER. This is a request for an
Accessory Apartment in owner's existing single-family residence as provided under Article III-
A, Sections 100-30A.2 (B-l) and 100-31B-13. Location: 270 Gagen's Landing Road,
Southold; Parcel 1000-70-10-18. Ms. Boger attended the hearing. Attending in opposition
to the application was Dorothy Fletcher and Marilyn Sovelle, Ms. Cassidy, Fred
Schumbachler, all nearby residents. RESOLUTION ADOPTED: After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried,
to close (conclude) the hearing. Vote of the Board: Ayes: All (4-0).
10:12 - 10:56 p.m. Appl. No. 4818 - CHRIS AND JAMES MESKOURIS. Applicants
request a Variance as stated in the Building Inspector's April 5, 2000 Notice of Disapproval
for the following: (1) proposed construction on non-conforming lot is not permitted under
Article XXIV, Section 100-244B due to the minimum front yard setback of 40 feet, subject lot
has right-of-way across property on easterly and northern boundaries creating front yards on
those frontages, proposed setbacks on those frontages exceed forty foot minimum required
by Code. Setback from right-of-way on north proposed at 25 +- feet, on the east at 12-1/2 +-
feet; and (2) pursuant to Article IliA, Section 100-30A accessory use(s) shall be located in
required rear yard; proposed accessory swimming pool located in front yard on northeastern
side of proposed dwelling. Location of Property: 675 Summit Dr, Mattituck; Parcel 1000-
106-1-47. Christine Rivera, of CDR Consultants, and Chris Meskouris attended the hearing
and offered testimony regarding this application. Attending the hearing and speaking in
opposition was Patricia C. Moore, attorney for Mr. and Mrs. Koch (adjacent property owners
to the west). RESOLUTION ADOPTED: After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Member Collins, and duly carried, to recess the hearing
for a continuation at the Special Meeting scheduled for Wednesday, May 10, 2000 at
approximately 6:30 p.m. Vote of the Board: Ayes: All (4-0).
Page 7 - Minutes
May 4, 2000 Regular Meeting
Southold Town Board of Appeals
PUBLIC HEARINGS, CONTINUED:
10:56 p.m. BELVEDERE PROPERTY MANAGEMENT LLC (Owner: Robins Island
Holdings, LLC.), located at 380 First Street, New Suffolk, NY; Parcel 1000-117-8-19. Zone
District: Marine-II. Applicant is requesting:
(1)
(2)
Appl. No. 4809 - a Special Exception under Article XII, Section 1-00-
121B(2) to construct new building and establish uses incidental to a
private ferry terminal use (existing) for transportation to and from Robins
Island from this 21,407 sq. ft. parcel; and/or an Interpretation that a
Special Exception is not necessary; and
Appl. No. 4822 - Variance based upon the Building Inspector's March 28,
2000 Notice of Disapproval, for the reason that the new bLtilding, to be
used for offices incidental to a pdvate ferry terminal, is shown at less than
15 feet from the side property line, which is not permitted under Article
XXIV, Section 100-244B. Kevin Law, attorney for the applicants,
attended the hearing and offered testimony in support of the application.
Attending the hearing in opposition were residents Patsy Rogers, Lucille
Field Goodman, Stephen Reasusson, Alison Manning, George Maul.
RESOLUTION ADOPTED: After receiving testimony, motion was offered
by Chairman Goehringer, seconded by Member Collins, and duly carried,
to recess the hearing for a continue at the:Special Meeting scheduled for
Wednesday, May 20, 2000 at approximately 6:30 p.m. Vote of the Board:
Ayes: All (4-0).
In light of the late hour, the Chairman declared the meeting adjourned with the
remaining agenda items (deliberations, decisions, etc.) to be continued at the May 10, 2000
Special Meeting. The meeting was adjourned at 12:15 a.m.
Respectfully submitted,
.,~A~proved - Gel:ard P. Goe'hringer, Chairma" ' -' ' n