HomeMy WebLinkAboutZBA-01/20/2005APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Vincent Orlando
James Dinizio, Jr.
Michael A. Simon
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor. North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
MINUTES
REGULAR MEETING
THURSDAY, JANUARY 20, 2005
A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held
at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday,
January 20, 2005 commencing at 9:30 A.M.
Present were:
Ruth D. Oliva, Chairwoman/Member
Gerard P. Goehringer, Member
Vincent Orlando, Member
James Dinizio, Member (1:10 - 2:40 PM)
Michael A. Simon, Member
Also present were:
Linda Kowalski, ZBA Confidential Secretary
Florence Wiles, Court Reporter
9:37 a.m. Chairwoman Oliva called the meeting to order,
AGENDA ITEM h The Board proceeded with the first item on the Agenda as follows:
I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS {SEQRA):
BOARD RESOLUTION: Motion was made by Member Goehringer, and seconded by
Chairwoman Oliva to declare the following Negative Declarations with No Adverse Effect for the
following projects as submitted:
Type II Actions (No further steps - setback/dimensional/lot waiver/accessory
apartmentJbed and breakfast requests):
CONSTANCE BEEBE #5637.
JON and KATHLEEN MARINO #5652.
T. and KOSTOULAS #5646.
RICHARD and ELEANOR COFFEY #5645.
BARRY and KATE GRAYSON #5640.
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Meeting held January 20, 2005
Southold Town Board of Appeals
JAMES LEYDON #5649
DOUGLAS and KARIN CONSTANT #5642
MARK and ELLIE GORDON #5644.
DIANE and SCOTT MULVANEY #5651.
PETER COSOLA #5648.
EUGENE and AGNES KOEHLER #5647.
F. W. KOEHLER and OSPREY DOMINION #5643.
DONNA COOK #5638.
ALAN and TERESA SUCHER #5639.
This Resolution was duly adopted (4-0).
II. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested
and appreciated. All testimony should be limited to zoning issues properly before the Board.
9:37 AM CONSTANCE BEEBE #5637. Request for Variances under Section 100-32 based on
the Building Department's September 8, 2004 Notice of Disapproval, concerning Lots 1 and 2, as
proposed in this lot line change, will measure less than 80,000 sq. ft. and less than 175 feet of lot
width. Location: 24925 Main Road, Cutchogue; CTM 109-1-18, 19, and 20.1 Zone District: R80
Residential. (Please see transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva,
seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was
duly adopted (4-0).
9:43 AM JON and KATHLEEN MARINO #5652. Request for Variance under Section 100-244,
based on the Building Department's December 3, 2004 Notice of Disapproval concerning a
proposed porch and second-story addition at less than 35 feet from the front lot line, and lot
coverage exceeding 2003.60 sq. ft. (20% of 10,018 sq. ft. lot size). Location of Property: 10105
Soundview Avenue, Southold; CTM 54-8-5. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving
decision. The Resolution was duly adopted (4-0).
9:50 AM T. and M. KOSTOULAS #5646. Request for Variance under Sections 100-242A and
100-244 concerning proposed additions and alterations to the dwelling which will create a new
nonconformance with a single side yard at less than 10 feet and total side yards at less than 25
feet. Location: 1035 Aquaview Avenue, East Marion; CTM 21-2-13. (Please see transcript of
written statements prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Oliva, and seconded by Member Goehringer, and
duly carried to adjourn the hearing until March 3, 2005 at 9:30 AM. The Resolution was duly
adopted (4-0).
10:05 AM RICHARD and ELEANOR COFFEY #5645. Request for Special Exception to
establish Accessory Bed and Breakfast, accessory and incidental to the owner's occupancy in
this single-family dwelling, with up to four (4) bedrooms for lodging and serving of breakfast to not
more than eight (8) casual, transient roomers, at 5705 Main Road, East Marion; CTM 35-2-16.1.
(Please see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, and
seconded by Member Goehringer, and duly carried to close the hearing reserving the right to re-
inspect and review the amended plans when submitted. The Resolution was duly adopted (4-0).
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Meeting held January 20, 2005
Southold Town Board of Appeals
10:15 AM BARRY and KATE GRAYSON #5640. Request for a Variance under Section 100-33,
based on the Building Department's September 3, 2004 Notice of Disapproval concerning an as
built accessory shed located at less than 5 feet from the rear lot line, at 5270 Nassau Point Road,
Cutchogue; CTM 111-8-18. (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution
was duly adopted (4-0).
10:27 AM JAMES LEYDON #5649. Request for a Variance under Section 100-33, based on the
Building Department's November 5, 2004 Notice of Disapproval concerning proposed deck
construction partly in a side yard instead of entirely in rear yard, at 450 Parson Boulevard, East
Marion; CTM 27-1-18. (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution
was duly adopted (4-0).
10:30 AM DOUGLAS and KARIN CONSTANT #5642. Request for a Variance under Sections
100-242A and 100-244, based on the Building Department's November 12, 2004 Notice of
Disapproval, concerning a proposed addition enclosing deck which is less than 10 feet from a
single side yard, at 555 Village Lane, Orient; CTM 25-2-5.4. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony,
motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing
reserving decision. The Resolution was duly adopted (4-0).
10:37AM MARK AND ELLIE GORDON #5644. Request for a Variance under Section 100-
239.4A.1, based on the Building Department's November 5, 2004 Notice of Disapproval
concerning a proposed swimming pool with decks and upper level porch, with setbacks at less
than 100 feet from top of LI Sound bluff, at 63165 C.R. 48 a/k/a North Road (or Middle Road),
Greenport; CTM 40-1-14. (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution
was duly adopted (4-0).
10:53 DIANE and SCOTT MULVANEY. Request for a Variance under Sections 100-242A, 100-
244, based on the Building Department's November 29, 2004 Notice of Disapproval concerning a
proposed second floor addition and alterations to the dwelling, at less than 40 feet from the front
lot line at 225 Marion Lane, East Marion; CTM 31-8-12.4. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony,
motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing
reserving decision. The Resolution was duly adopted (4-0). (See decision attached.)
10:56 AM PETER COSOLA #5648. Request for a Variance under Sections 100-242A and 100-
244, based on the Building Department's November 23, 2004 Notice of Disapproval, concerning a
second-story addition and alterations to the dwelling, which will constitute an increase in the
degree of nonconformance with front yard setbacks at less than 35 feet, at 425 Opechee Avenue,
Southold; CTM 87-3-30. (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution
was duly adopted (4-0).
11:00 AM EUGENE and AGNES KOEHLER #5647. Request for a Variance under Section 100-
239.4B, based on the Building Department's October 14, 2004 Notice of Disapproval, concerning
a proposed deck addition at less than 75 feet from the existing stone riprap, at 1595 Bay Shore
Road, Greenport; CTM 53-4-5. (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by
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Meeting held January 20, 2005
Southold Town Board of Appeals
Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision.
The Resolution was duly adopted (4-0).
11:05 AM F.W. KOEHLER and OSPREY DOMINION #5643. Request for Variances under
Sections 100-31C and 100-33 based on the Building Department's March 19, 2004 Notice of
Disapproval, amended November 17, 2004, concerning a proposed art gallery in a separate
building as an accessory to the existing principal winery use, and with a location in a front yard
instead of the code required rear yard for accessory buildings. The applicants propose to merge
the vacant parcel with the winery parcel. Location: 44255 Main Road, Peconic; CTM 1000-75-1-
21. (Please see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, and
seconded by Member Orlando, and duly carried to adjourn the hearing until March 31, 2005 at
11:00 AM. The Resolution was duly adopted (4-0).
A short break was taken from 11:30 - 11:40 AM.
Chairwoman Oliva reconvened the meeting at 11:40 AM, and proceeded with Agenda items as
follows
II. PUBLIC HEARINGS, CONTINUED:
11:40 AM ALAN and TERESA SUCHER #5639. Request for Variances under Sections 100-
239.4B, 100-242A and 100-244, based on the Building Department's November 5, 2004 Notice of
Disapproval concerning an as built garage addition and proposed additions and alterations to a
dwelling. All construction will exceed the code limitation for 20% lot coverage and will not meet
the code required 35 feet from the front lot line, 35 feet from the rear lot line, 10 feet on a single
side yard, and 75 feet from the bulkhead are requested. Location: 60 Fishermen's Beach Road,
Cutchogue; CTM 111-1-6. (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution
was duly adopted (4-0).
11:53 AM DONNA COOK #5638. The hearing was opened and after asking if anyone wished to
be heard; a Motion was offered by Chairwoman Oliva, and seconded by Member Goehringer to
adjourn to March 31, 2005 at the applicants request. The Resolution was duly adopted (4-0).
12:07 PM MARK ANTICEV #5633 (carryover from PH 12/16). Request for a Variance under
Section 100-32, based on the Building Department's August 25, 2004 Notice of Disapproval,
amended November 4, 2004, for a proposed parcel with a land area of less than 80,000 sq. ft. in
this R-80 Residential Zone District. Location of Property: 2005 Old North Road; Southold; CTM
54-3-part or 26.4 (also shown as part of Lot 2, Map of Lighthouse Associates/Minor Subdivison).
(Please see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded
by Member Goehringer to adjourn to March 31, 2005 at 10:45 for full Board and an attorney for
applicant.
Adjourned for lunch 12:07 PM - 1:07 PM.
1:07 PM meeting reconvened.
Member James Dinizio arrived 1:10 PM.
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Meeting held January 20, 2005
Southold Town Board of Appeals
II. PUBLIC HEARINGS, CONTINUED:
1:07 PM CD REITERS/OLD BARGE RESTAURANT #5626 - (PH carryover from 12/16 for
applicant's completion of notices). Request for a Special Exception under Article XII, Section
100-121B(1), concerning construction of a proposed second story addition, or upper level
(mezzanine), to an existing restaurant located in the Marine II Zone District. Also requested is a
Variance under Sections 100-242A, 100-22 Bulk Schedule, based on the Building Department's
August 6, 2004 Notice of Disapproval concerning a setback at less than 25 feet from the rear lot
~ine. Location of Property: 750 Old Main Road, N. Y. S. Route 25, Southold; CTM 56-6-8.7.
(Please see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded
by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted
(5-O).
1:20 PM FITF, LLC #5617 - (PH carryover from 12/16; further adjournment requested 1/18 by
applicant's attorney for additional time). Request for a Variance under Section 100-122 based on
the Building Inspector's January 12, 2004 Notice of Disapproval, amended September 21, 2004,
for a proposed parcel with less than 80,000 square feet in a proposed subdivision (2.2), situated
in a Marine II Zone. The remaining land (2.1) is situated in an R-80 Residential Zone. Location
of Property: West Side of Reservoir Road near Silver Eel Cover), Fishers Island; CTM 1000-9-8-
2, of 3.30 acres. The hearing was opened and after asking if anyone wished to be heard; a
Motion was offered by Chairwoman Oliva, and seconded by Member Orlando to adjourn to April
28, 2005. The Resolution was duly adopted (5-0).
1:25 PM ORIENT FIRE DISTRICT #5408. (PH carryover from 12/16 for coordination between
the applicant and concerned citizens, Ed Boyd V, applicant's attorney and Ed Reale, attorney for
Orient Association, prior to ZBA meeting.) Location of Property: Orient Firehouse Parcel, 23300
Main Road, Orient; CTM 18-5-13.8; Zone District: R-80, Request for:
(1)
Variances under Section 100-162A(3) and 100-165B, based on the Building
Inspector's April 23, 2004 Notice of Disapproval, amended September 22, 2004 and
October 4, 2004, concerning a proposed telecommunications tower at 125 ft. height
with antenna, and related equipment. The reasons stated for disapproval are that
the tower: (1) does not meet the code requirements with a proposed height at 125
feet, (2) is not permitted to be located within 300 feet of historic properties, CTM 18-
5-15.1, 18-5-11.1, and (3) is not permitted on a nonconforming lot size, or lot
containing less than a minimum lot area in a residential district of five (5) acres.
(2) Special Exception under Section 100-162A(3) to construct telecommunication tower.
(Please see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded
by Members Goehringer and Dinizio to adjourn to February 3, 2005, 6:30 PM in Town Hall. The
Resolution was duly adopted (5-0).
III. DELIBERATIONS/DECISION. The Board deliberated on the following application. The
original is filed with the Southold Town Clerk and include here by reference as though fully
written:
DIANE and SCO']-r MULVANEY #5651 - Approved as Applied.
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Meeting held January 20, 2005
Southold Town Board of Appeals
IV. OTHER UPDATES: The Board confirmed its scheduled Special Meeting to be held 6:00 PM
on 2~3~05: agenda items may include work session; continued work reviews of new files for future
calendars; possible findings/decisions on carryovers.
V. EXECUTIVE SESSION
Chairwoman Oliva moved to enter into Executive Session, seconded by Member Goehringer and
duly carried. Litigation was discussed (Callis v. ZBA; Zupa v. ZBA).
Brief reviews of pending files and general discussions by Board Members followed.
There being no other business properly coming before the Board at this time,
Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 2:40 p.m.
Respectfully submitted,
Secretary
Incorporated by Reference: Deliberations/Decision (1)
Ruth D. Oliva, Chairwoman
Approved for Filing