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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 Page 2 - Minutes 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 Page 3 - Minutes 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. Page 4 - Minutes 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. Page 5 - Minutes 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). Page 6 - Minutes 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