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Home My WebLink AboutZBA-07/23/1998APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR PUBLIC MEETING THURSDAY, JULY 23, 1998 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 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, ]ULY 23, 1998, commencing at 6:30 p.m. in the Meeting Room (Court 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 6:40 p.m. All Members in attendance. The Chairman called the meeting to order and proceed with the first order of business, as follows: I. 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): 6:40 p.m. Appl. #4579 - EDWARD & AUDREY CIELATKA. This is a request for a Special ExcepUon under the Zoning Ordinance, Article III, Section 100-31B-13 to establish Accessory Apartment Use in conjunction with residency of the owner, all in the principal building of the owner-applicants. Location of Property: 260 Cedar Road (at intersection with Summit Road), Southold, NY; 1000-78-9- 29 (Bayside Terrace). Mr. and Mrs. Cielatka were both present and spoke in behalf of their application. After tesUmony 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). The next hearing regarding Appl. No. 4581 - JOSEPH LEBKUECHER was canceled because the applicant was not able to provide the proof required under Chapter 58 for the certified mailings or posting of sign. (Mrs. Joan Berdinka, properb/ owner of land immediately adjoining this property, indicated she received notice just last night, by hand. (See Board Resolution under amended Agenda Item II-C, which calendared this application for an August 13, 1998 public hearing. Mr. Lebkuecker was asked to provide all Notices as required by Chapter 58 and to provide a sketch or plan showing the landscaping (side view or similar view) for Board Members. An on-site viewing of the property was requested by the Chairman for Saturday morning, and Mr. Lebkuecker agreed to show the proposed grading and location of the structures. Location: 935 Franklinville Road, Laurel; 1000- Page Z - 3uly 23, 1998 Regular Meeting Southold Town Board of Appeals 125-2-2.2. 6:49 p;m. Appl. No. 4583 - BRETT AND MARIA MELLINGER. This is a request for a Variance under Article III, Section 100-30A.3, based upon the Building Inspector's May 21, 1998 Notice of Disapproval for a building permit to construct deck addition and attaching the existing accessory pergola with its existing side yard setback (at less than 15 ft. necessary for a principal building). Location of Property: 440 Midland Parkway, Southold; 1000-88-2-12.1. Brett Mellinger and builder Al Fickiessen both appeared in behalf of the application. (No objections were offered.) After testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was adopted (5-0). 6:58 p.m. Appl. No. 4585 - ISKENDER EREY AND ANGELICA BENGOLEA. This is a request based upon the Building Inspector's May 21, 1998 Notice of Disapproval for a Variance under Article XXIII, Section 100-239.4B for a deck addition and alteration which will be located within 75 feet of a bulkhead adjacent to a tidal water body (Gardiners Bay), at 680 South Lane, East Marion; 1000-38-6- 7. The subject property is nonconforming in size and is located in the R-40 Low-Density Residential Zone District. Mr. LaCroze, Architect, and the owner presented information in support of the application and the new alternative plan on a poster (for a shorter deck), all of which was considered by the Board. Affcer receiving testimony and reviewing the record, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). 7:10 p.m. - 7:16 p.m. A short break (recess) was taken, after motion by Chairman Goehringer, seconded by Member Dinizio, and duly carried. 7:16 p.m. Meeting Reconvened. After motion by Chairman Goehringer, seconded by Member Collins, and duly carried, the meeting and the Erey headng reconvened. PUBLIC HEARINGS, CONTINUED: 7:16 - 7:31 p.m. Hearing continued regarding Appl. No. 4585 - ISKENDER EREY AND ANGELICA BENGOLEA.' (See Transcript of Public Hearinq.) 7:31 p.m. Appl. No. 4586 - LISA McELROY. This is a request based upon the Building Inspector's .luly 22, 1997 Notice of Disapproval for a building permit regarding an "as built" swimmingpool which is not located in the required rear yard pursuant to Article IIIA, Section 100- 30A.4. Location of ProperLy: 2565 Long Creek Drive, Southold; 1000-52-8-2..1. Fitzgerald and David McEIroy both spoke in behalf of this application. Opposing were Mr. and Mrs. Daniel Slatkin. After receiving all testimony and information~ motion was made by Chairman Goehringer, seconded by Member Homing, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). 7:57 p.m. Appl. No. 4588 - MICHAEL PISACANO. This is a request for a Variance under Article II,A, Section 100-30A.3, based upon the Building Inspecl~r's .lune 15, 1998 Notice of Disapproval for permission to reduce front yard setback from 50 feet to approximately 48.5 feet, for Page 3 - 3uly 23, 1998 Regular Meeting Southold Town Board of Appeals the "as built" dwelling foundation at 865 Leeward Drive, Southold; 1000-79-7-25. Mr. Michael Pisacano spoke in behalf of his application. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Homing, and duly carried, toc lose the hearing. 'This Resolution was duly adopted (5-0). 8:03 p.m. Appl. No. 4544 - MART~N ROSEN. (OWNERS: Booker & ano). Location of Property: 11780 Sound Avenue, Mattituck; County Parcel #1000-141-3-44. This is a continuation of public hearing regarding applicant's request for an Interpretation regarding a proposed tower structure in this 1_IO Light-Industrial-Office Zone District, and/or Variances based upon the Building Inspector's February 18, 1998 Notice of Disapproval, disapproving a building permit application to construct a tower for telecommunications use, for the following reasons: 1) the proposed telecommunications tower being located on a non-conforming lot in an ~ District is not permitted according to Section 100-165B; 2) the proposed tower being the principal use on the lot is required to have a rear yard setback of 70 feet pursuant to Art. Xl~, 100-142; 3) the proposed tower is required to be located at least one-hundred (100) feet from the nearest dwelling unit pursuant to Article XVI, Section 100-162C.3 .... " Charles Cuddy, Esq. spoke in behalf of the applicants. Also present were Mr. Martin Rosen and Mr. Oshin. Opposing the application were Andrew Forldaub, Rev. Dosier (Reverend of The Unity Baptist Church) for Mrs. Funn and Simmons, adjacent property owners. After receiving all information and testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to recess the hearing to Thursday, August 13, 1998. This Resolution was duly adopted (5-0). The next two headngs were re-calendared, as requested and noted below: Appl. No. 4582 - AL:[ YUKBAS[OGLU. Contract Vendee: Soonok Klm. Owners: ROBERT and ETHEL SCHROEDER. The applicants' attorney has requested a postponement of the hearing. The Chairman asked if anyone was in the audience who wished to speak, and there wasno response. The following ResoluUon was adopted: On moUon by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to RE-CALENDAR AND AD3OURN THIS APPL~CA'I~ON until the September 10, 1998 Regular Meeting. CANCELLATION OF HEARING (inadequate notice by contractor/applicant) regarding Case 4587 - 3OHN DVVYER. Variance under Article XXIV, Section 100-244, based upon the Building :Inspector's May 5, 1998 Notice of Disapproval which disapproved an application for a permit to construct addition to dwelling for the reason that it encroaches on the combined side yard setbacks. LocaUon of Property: 2625 Bay Shore Road, Greenport; 1000-53-4-21. The Board Secretary noted that Ch. 58 was not followed as requested by the contractor and/or applicant. The following ResOlution was adopted canceling tonight's headng and calendaring a new hearing date for September 10th subject to new Posting, Mailings and other notices per Ch. 58. End of public hearings. The remainder of the public meeting continued as noted below. Page 4 - 3uly 23, 1998 Regular Meeting Southold Town Board of Appeals Agenda Item T. Declarations were noted under N.Y.S. Environmental Ouality 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 IT aCtions under the State SEORA list regarding tonight's applications. No further prbcedure 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. E. Cielatka - Motion was offered by Member Dinizio to approve the Special Exception, and later withdrawn. A draft without conditions was agreed by three members for a draft, to be prepared by the assigned member, for a decision on August 13, 1998. Mr. and Mrs. Cielatka were present and were advised that their accessory apartment would be approved with conditions on August :[3, :[998. B. Mellinger - variance conditions to be dralted by assigned member. L. McEIroy - variance conditions to be drafted by assigned member. SEQRA RESOLUTION: Appl. No. 4581 - .1OSEPH LEBKUECHER. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carded, to DECLARE a Negative Declaration for this Unlisted Action. This Resolution was duly adopted (5-0). RE-ASSIGNMENT OF FILE. It was agreed that Member Dinizio and Member Tortora would switch the file assignments for the Romano application and Lieb application. Member Homing left at approximately 9:20 for the last boat. AGENDA ITEMS: VI-A. CORRESPONDENCE from Martin Kosmynka regarding access to cellar of accessory building. The Members decided to leave it to the Building Inspector's discretion for a determination as to whether or not a Notice of Disapproval would be issued. VT-B. CORRESPONDENCE FROM C. Conway, Esq. regarding McDonald's and Mattituck Products, Inc. There was no motion to rehear, and the Board Members asked the Chairman to send Page 5 - 3uly 23, :t998 Regular Meeting Southold Town Board of Appeals the response again. V]:-C. CORRESPONDENCE from East End Drafting Re: R. Shank. The Board Members had no objection to the adjustment for the handicap access areas as drawn. The plan was confirmed by the applicant to meet the lot coverage limitation, in the variance determination. The Chairman was authorized to send a response if necessary. V[-D. WRITTEN REQUEST from Building Department (by Edward Forrester, Director of Code Enforcement). :It was determined that a public hearing would be held to consider the question submitted by Hr. Forrester re: Land Clearing, Section 100-259 and whether or not it applies to vacant land in all zones. A hearing was calendared for the September :t998 Meeting, with advertisement in the Town's official paper. RESOLUT]:ON: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to calendar the following applications for September :10, 1998: Appl. No. 4582 - AL]: YUKBAS:IOGLU; Appl. No. 4597 - :INTERPRETATION under Section :100-259 (Ch. 58 publication of a Town-Wide was agreed because posting of a specific site or project was not applicable); and BE IT FURTHER RESOLVED, to confirm public hearings for August 13, 1998 of the following applications: 6:15 p.m. Appl. No. 4590 - W. KRUPSKI. A Variance is requested under Artide XXIV, Section 100- 244B for a proposed addition to existing dwelling with an insufficient front yard setback. Location of Property: 315 Pat Lane, Hattituck, NY; Parcel #1000-114-10-6. 6:20 p.m. Appl: No. 4591 - A. ROMANO. A Variance is requested under Article :IliA, Section :100- 30A.3 of the Bulk and Parking Schedule, based upon the Building Inspector's ]une 15, 1998 Notice of Disapproval for a permit to construct addition and alteration for a seasonal dwelling, which states: ,'Under Article ILIA, Section 100-30A.3 of the Bulk and Parking Schedule in the R-40 Zone, the lot size of 8,662 sq. ft. has an allowable lot coverage of 20% or 1,735 sq. ft. Proposed construction will have 1,980 sq. ft. of lot coverage of 22.9+- percent." Location: 1380 Leeton Drive, Southold; 1000~8-2- 2. 6:20 p.m. Appl. No. 4593 - Z. SVATOVIC. A Variance is requested under Article XXIV, Section 100-244B for a new dwelling with proposed insufficient rear yard setback (less than the required 35 feet). Note: Art. XXIII, Sec. 100-232A, corner-lot front yards are required from both roads, and one yard other than the front shall be deemed a rear yard and the other a side yard. Location: 12355 New Suffolk Avenue, Cutchogue; 1000-116-5-2. Page 6 - 3uly 23, 1998 Regular Meeting Southold Town Board of Appeals 6:25 p.m. Appl. No. 4595 - W. TUFANO. Variance under Article XXIII, Section 100-239.4B based on the July 15, 1998 Notice of Disapproval in which applicant has applied for a building permit to construct new dwelling with deck addition within 75 feet from existing bulkhead, 2482 Camp Mineola Road, Mattituck; 1000-122-9-9.6. 6:40 p.m. Appl. No. 4587 - JOHN DWYER. Variance under Article XX]:V, Section 100-244, based upon the Building Inspector's May 5, 1998 Notice of Disapproval which disapproved an application for a permit to construct an addition to dwelling for the reason that it encroaches on the combined side yard setbacks at 2625 Bay Shore Road, Greenport; 1000-53-4-21. 6:50 p.m. Appl. No. 4596 - BERYL CAFFREY. A Variance is requested under Article :III, Section 100-33B-4 for a corner of the "as buil~' accessory building under Building Permit #22394Z issued :[0/17/94. The fou.ndation is setback at less than the required 20 ft. side yard setback. Location: 9395 Sound Avenue, Mattituck; 1000-121-2-4. 6:55 p.m. Appl. No. 4581 - JOSEPH LEBKUECHER. This is a request for a Variance based upon the Building Inspector's March 4, 1998 Notice of Disapproval regarding the proposed construction of a retaining wall up to 20 ft. in height and fence 6 ft. in height. The reasons for both disapprovals are because both as proposed in the front yard in this A-C District are not permitted to be higher than 4 ft., Article XX]:I:[, Section 100-231-A. Location: 935 Franklinville Road, Laurel; 1000-125-2-2.2. 7:05 p.m. Appl. No. 4594 - M. FERRAR~S. A Variance is requested under Article XXIII, Section 100-231B based upon the Building Inspector's June 15, 1998 Notice of Disapproval which states: "Fences located in side or rear yards shall not exceed 6-1/2 feet in height." The fence is proposed for the existing accessory tennis court structure, 3585 Orchard Street, Orient; 1000-27-2-2.10. 7:10 p.m. Appl. No. 4589 - R. SLEDJESK~. Special Exception under the Zoning Ordinance, Article III, Section .100-31B-13 for Accessory Bed and Breakfast Use. Zone District: LB Limited Business. Location of Property: 305 North Road at intersection with Sound Road, Greenport; 1000- 35-1-21. 7:15 p.m; Appl. No. 4509 - E. TONYES/SOUTHOLD AUTOMOTZVE. Location of Property: Citgo Station, 54360 Main Road, Southold, NY:, Parcel 1000-61-4-23. This is an application requesting Variances based upon the Building Inspector's August 13, 1997 Notice of Disapproval. Applicant has applied for a building permit to construct addition and to alter existing gasoline station building, and the application was disapproved for the following reasons: "under Article XXIV, Section 100-243A, a nonconforming building with a nonconforming use shall not be enlarged, reconstructed or structurally altered unless the use of the building is changed to a conforming use. The preexisting building is located in the Hamlet Business District and is not a permitted use in this district. The side and rear yard setbacks do not conform to the required 10 ft. side and 25 ft. rear yard .... " 7:40 p.m. Appl. No. 4544 - MARTZN ROSEN. Location of Property: 11780 Sound Avenue, Mattituck, NY; #1000-141-3-44. Applicant is requesting an :Interpretation regarding a proposed tower structure in this LZO Ught-Industrial-Office Zone District, and/or Variances for a proposed tower Page 7 -;]uly 23f 1998 Regular Meeting Southold Town Board of Appeals structure under Article XIV, Sections 100-165B, 100-142,-tG0-1~, ~ VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora and Collins. (Member Homing was absent during this Resolution.) This Resolution was duly adopted, Ager~da 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 TI 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. E. Cielatka - Motion was offered by Member Dinizio to approve the Special Exception, and later withdrawn. A draft without conditions was agreed by three members for a draft, to be prepared by the assigned member, for a decision on August 13, 1998. Mr. and Mrs. Cielatka were present and were advised that their accessory apartment would be approved with conditions on August 13, 1998. B. Mellinger - variance conditions to be drafted by assigned member. L. McEIroy - variance conditions to be drafted by assigned member. SEQRA RESOLUTION: Appl. No. 4581 - JOSEPH LEBKUECHER. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to DECLARE a Negative Declaration for this 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 9:32 p.m. R~pectfully submitted, _