HomeMy WebLinkAboutZBA-09/24/1998 MINUTES
REGULAR PUBLIC MEETING
SEPTEMBER 24, 1998
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,
SEPTEMBER 24, 1998, commencing at 6:30 p.m. in the Court Assembly Room.
Present were:
GERARD P. GOEHRINGER, CHAIRMAN-MEMBER
JAMES DINIZIO, JR., MEMBER
LYDIA A. TORTORA, MEMBER
GEORGE HORNING, MEMBER
LORA S. COLLINS, MEMBER
LINDA KOWALSKI, ZBA SECRETARY
6:30 p.m. The Chairman called the meeting to order and proceeded with the first order of
business, as follows:
I. ENVIRONMENTAL DECLARATIONS (SEQRA): (Type II Declarations were confirme:
setback, lot line, accessory uses such as B & Bs or Accessory Apartments, lot waivers under
100-26.
II. PUBLIC HEARINGS: Legal notices were read for each of the following hearings. A
written transcript of the hearings has been prepared under separate cover (also filed with the
Town Clerk's Office for reference purposes):
6:30 p.m. Appl. No. 4594 - M. FERRARIS. (Carryover from 8/13). A Variance is
requested under Article XXIII, Section 100-231B for proposed tennis court fencing at a height
above 6-1/2 feet. 3585 Orchard St, Orient; 1000-27-2-2.10.
6:35 p.m. Appl. No. 4597 - BUILDING DEPARTMENT. This is a Request on a Town-Wide
basis, for an INTERPRETATION submitted by the Building Department by its Director of Code
Enforcement, asking for a Determination answering the question: "Does Article XXV, Section
100-259-Land Clearing, apply to vacant land in all Zoning Districts."
6:40 p.m. Appl. No. 4592 - K. ZACHARIADIS. This is a request for Variances (a) under Article
XXIV, Section 100-244B for a building permit authorizing the "as built" construction of a deck
addition at a minimum setback of less than 50 feet from the front property line, and (b) under
Article III, Section 100-33 for permission to locate accessory swimming pool in an area located
partly in the side yard, at 1697 Little Neck Road, Cutchogue, NY; Parcel 1000-103-5-2.2. Lot size:
40,604 sq. ft.
6:55 p.m. Appl. No. 4599 - PATR:[CK IVlORT:[IVlER. This is a Request for a Variance
under Article XX:[:[:[, Section 100-239-4B for: (a) a building permit authorizing
construction of an "as built" shed and (b) permission to locate proposed deck, all at a
setback of less than 75 feet from the bulkhead at 3895 Paradise Point Road, Southold,
Page 2 - 3uly 23, 1998 Regular Meeting
Southold Town Board of Appeals
NY; Parcel 1000-81-1-8; also known as Lot #10 on the Paradise Point, Section I,
Subdivision Map.
7:00 p.m. Appl. No. 4600 - ELLEN ZIMMERMAN. This is a Request for a Variance under
Article XXIII, Section 100-239.4B and Section 100-244B for permission to construct deck
addition with a setback at less than 35 feet from the rear property line and less than 75
feet from the bulkhead, at 500 South Lane, East Marion, NY; Parcel 1000-38-6-11.
7:05 p.m. Appl. No. 4601 - ROBERT SMITH &, ANO. This is a Request for a Variance
under Article XXIV, Section 100-241A for permission to construct proposed addition and
alteration to an existing accessory garage with nonconforming cottage use, based upon
the May 28, 1998 Notice of Disapproval. Location of Property: 505 Pt. Pleasant Road,
Mattituck, NY; Parcel 1000-113-9-11.
7:10 p.m. Appl. No. 4602 - CLIFFORD AND RUTH CORNELL. This is a Request for a
Variance under Article IIIA, Section 100-30A.3 for a building permit authorizing the
construction/location of an "as built" accessory gazebo structure at a sideyard* setback of
less than the required three ft. minimum and in excess of the 20% lot coverage limitation
of the Zoning Code at 325 Willow Point Road, Southold, NY; Parcel 1000-56-5-26, also
known as Lot #24, Willow Point.
7:20 p.m. ARTHUR TORELL regarding properties known as 365 Westwood Lane and 465
Westwood Lane, Greenport, NY; Map of Eastern Shores, Section 2, Lots #67 and #68;
Parcel #1000-33-2-10 and 11, as follows:
Appl. No. 4603, for a Lot Waiver under Article II, Section 100-26 regarding an
existing nonconforming lot identified on the Suffolk County Tax Map as Lot 11,
Section 33, Block 2, which lot has been deemed merged with adjacent lot ref. #10,
based on the Building Inspector's August 4, 1997 Notice of Disapproval; and
Appl. No. 4604, for a Variance under Article XXIV, Section 100-244B for
permission to construct dwelling with a side yard setback at less than 15 feet from
the existing property line between Lots #10 and #11 as shown on the Map of
Eastern Shores, Section 2, or alternatively a Variance for adjusted lot sizes of Lots
68 and 67, to reduce the square footage and lot width of Lot #68, thereby
increasing the nonconforming lot #67 for a 15-ft. conforming side yard setback.
7:30 p.m. Appl. No. 4606 - THOMAS AND MOIRA MASTRO. This is a Request for a
Variance under Article XXIII, Section 100-239.4B for permission to extend fence which
would be at less than 75 feet from the bulkhead, or along bulkhead, at 6760 Great
Peconic Bay Boulevard, Laurel, NY; Parcel 1000-126-11-3.1.
Page 3 - 3uly 23, 1998 Regular Meeting
Southold Town Board of Appeals
7:40 p.m. Appl. No. 4607 - _1ON SCHR][BER and _lANE ROSS. This is a Request for a
Variance under Article XX][V, Section 100-244B authorizing the "as built" raised brick
terrace addition located on a 19,476+- sq. ft. nonconforming lot at a front yard setback
of less than 35 feet. Location of Property: 1295 Old Harbor Road, Cutchogue, NY; Parcel
1000-117-3-10.
7:50 p.m. Appl. No. 4598 - _IEFF GOUBEAUD. This is a Request for Variances under
Article ][][][A, Section 100-30A.3 of the Bulk and Parking Schedule, for approval of a lot
area of 23,638+- sq. ft. in this proposed subdivision. The R-40 Low-Density Residential
Zone, established in _lanuary 1989, requires a minimum lot area of 40,000 sq. ft.
Location of Property: Extending from the Easterly Side of Gagen's Landing Road, and
2950 Pine Neck Road, Southold; Parcel 1000-70-10-37 (63,638.03 sr.).
8:00 p.m. Appl. No. 4605 - PALMER V][NES, L.L.C. This is a Request for a Variance
under Article ][][][, Section 100-31A(4)(b) for permission to construct Winery building and
establish Winery Use on a 3.612+- acre parcel, known as 34995 Main Road, Cutchogue;
Parcel 1000-97-1-11.4.
8:10 p.m. Appl. No. 4611 - BU][LD][NG ][NSPECTOR. This is a Request on a Town-Wide
basis for an ][NTERPRETAT][ON submitted by the Building ][nspector for a Determination
answering the question: "Does a radio tower and antenna fall under the Provisions of
"Wireless Communications" Article XV! of the Southold Town Zoning Code, when it is
intended for the private use of an owner who operates a VHF Radio under a License
issued to him/her by the FCC for the purpose of communicating, all as part of his/her
business, when located in a Light-][ndustrial (L][) Zone District?"
8:45 p.m. Appl. No. 4582 - AL][ YUKBAS][OGLU. Contract Vendee: Soonok Kim; current
owners: ROBERT and ETHEL SCHROEDER. Applicant is requesting an ][nterpretation to
Reverse Building ][nspector's April 1, 1998 Notice of Disapproval in which applicant applied
to use premises as an automobile service station with gas pumps. The Building ][nspector
disapproved the subject application under Article XX][V, Section 100-241-G for the reason
that the proposed use is a discontinued nonconforming use in this R-40 Low-Density
Residential District and is therefor no longer permitted unless a variance is granted by the
Board of Appeals. Location of Property: 4380 Route 25, Greenport, near East Marion;
1000-35-5-4.
lll.
RESOLUTION. POSSIBLE* APPLICATIONS TO BE ADVERTISED FOR
HEARINGS, Member inspections/file reviews/comments:
a) Appl. #4708.jd filed 8/12 - B. Caffrey, two accy/fryd., Matt.
b) Appl. #4709.1t filed 8/18- M. Murphy, bluff setb., Cutch.
c) Appl. #4710.1c filed 8/19 - D. Garofalo, Accy in fr., SId.
d) Appl. #4612.gh filed 8/20 - D. Burnham, Lot Waiver, F.I.
Page 4 - 3uly 23, 1998 Regular Meeting
Southold Town Board of Appeals
e)
f)
g)
h)
i)
J)
k)
m)
n)
o)
P)
q)
r)
s)
Appl.
Appl.
Appl.
Appl.
Appl.
Appl.
Appl.
Appl.
Appl.
Appl.
#4613.1t filed 8/24- H. Rieger, Orient.
#4614.1c filed 8/31 - R. Boardman, Lot Cov., Orient
#4615jd filed 9/2 - P. Chazan and B. Boyd, Fence, SId.
#4616.1t filed 9/3 - C. Maggio, Bailie Beach Rd, Matt.
#4617.1c filed 9/3 - Building Inspector/Interpr.
#4618jd filed 9/8- V. Manago Nonc. Expansion.
#4620.1c filed 9/8 - George Starkie. Tarpon Dr, SId.
#4622.1t filed 9/9- E. Dart. C.R. 48, R-40 Zone, Pec.
#4623.1c filed 9/10 - Laurel Links Sign Variance, Laurel.
#4624jd filed 9/10 - Laurel Links Golf Course, Laurel.
Appl. #4625.1t filed 9/14 - D. Jerome, two-family, SId.
Reminder/Adv. for Oct. 15: Mr. Slavotic
Carryover from tonight's hearing (if any)
Appl. #4626.1c filed 9/14 - Faith Reform Baptist use, Matt.
Appl. #4627. ~d filed 9/15 - B. Charles, Peck PI., SId.
IV. OTHER RESOLUTIONS/ACTIONS:
a) Appl. #4619.1t - A. Lettieri & Gazza/280-a. Await Possible town engineer
recommendations-report on right-of-way construction areas, map of pending
subdivision info showing four lots to which fire vehicle access is necessary, etc.,
coordination with Planning Board, response from Soil and Water Conservation
District, map showing wetland areas near right-of-way (if not on pending
subdivision map).
b) Appl. #4621jd - Poncet (Deegan, Owner). Await additional information on lot
creation, flood elev. zone boundaries, setbacks, applicant's interest in
property/disclosure (file incomplete).
V. RESOLUTIONS/MISCELLANEOUS/OTHER:
A. Resolution to Approve Minutes for:
June 23, 1998 Special Meeting
July 23, 1998 Regular Meeting
August 13, 1998 Regular Meeting.
B. I. Erey - Request for Rehearing for Alternative Relief.
C. North Fork Nursery/Lebkuecker - Request to Amend Variance Reques for Fence
Height only, without retaining wall variance.
VI. DELIBERATIONS/DECISIONS.
Page 5 - 3uly 23, 1998 Regular Meeting
Southold Town Board of Appeals
VII.
EXECUTIVE SESSION: Litigation updates.
Mattituck Products, Inc. v. Town.
Petikas v. Town.
Hay Harbor v. Town.
present and spoke in behalf of their application. After testimony was received, Motion was
made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close
(conclude) the hearing. This Resolution was duly ADOPTED by unanimous vote (5-0).
Agenda Item I. Declarations were noted under N.Y.S. Environmental Quality Review Act for
all applications involving residential uses, accessory buildings, residential additions,
setbacks, waivers under 100-26 pertaining to substandard lots as exist, and lot line changes,
were confirmed to be Type II actions under the State SEQRA list regarding tonight's
applications. No further procedure under SEQRA was required. Motion was made by
Chairman Goehringer, seconded by Member Collins, and duly carried, confirming Type II
Actions for these applications. This RESOLUTION was duly ADOPTED (5-0).
DELIBERATIONS/RESOLUTIONS/DECISIONS: The board deliberated and adopted the
findings and determination as shown on the attached decisions, the originals of which are on
file with the Town Clerk's Office.
SEQRA RESOLUTION: Appl. No.
Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried,
to DECLARE a Negative Declaration as an Unlisted Action. This Resolution was duly
adopted (5-0).
ADJOURNMENT: There being no other business properly coming before the Board
at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at
p.m.
Respectfully submitted,
Page 6 - 3uly 23, 1998 Regular Meeting
Southold Town Board of Appeals
Linda Kowalski
9/30/98
Decisions Attached:
Approved for Filing
Gerard P. Goehringer, Chairman 10/1/98