HomeMy WebLinkAboutZBA-09/06/2000 SPEC~r_PP~ALS BOARD MEMBERS
Gerard P. G0ehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
SPECIAL MEETING
WEDNESDAY, SEPTEMBER 6, 2000
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (631)765-9064
Telephone (631) 765-1809
A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the
Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Wednesday,
September 6, 2000 commencing at 6:00 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Lydia A. Tortora, Member
Lora S, Collins, Member
Linda Kowalski, Secretary to ZBA
Absent was: George Homing, Member (excused).
6:05 p.m. Chairman Gerard P. Goehringer called the meeting to order and proceeded with
the first item on the agenda:
AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows:
SEQRA Review Determination: RESOLUTION ADOPTED: Motion was offered by Chairman
Goehringer, seconded by Members Tortora and Collins, to declare the following applications
as Type I1:
Appl. No. 4849- T. Tsatsos
Appl. No. 4850- A. Tuthill
Appl. No. 4852 - H. Garvey
Appl. No. 4851 -W. Ryall, Jr.
Appl. No. 4856- J. Wollenben.
Appl. No. 4858 - A. and F. Leudesdorf (W. Mandel)
Appl. No. 4857 - R. Gazzola (J. Zoumas)
Appl. No. 4859 - R. Ingram
Appl. No. 4861 - L. Gazzola
Appl. No. 4855 - ELI Health Care Clinic (M. Levey) (Variances)
. Appl. No. 4860 - Old Harbor Associates.
VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Collins. (Member Homing of
Fishers Island was absent.) This Resolution was duly adopted (4-0).
Page 2 - Minutes
September 6, 2000 Meeting
Southold Town Board of Appeals
II. PUBLIC HEARINGS: (none).
III. DELIBERATIONS/DECISIONS: The Chairman proceeded with deliberations, and decisions
were rendered. Please see original filed with the Town Clerk', copies of which are attached
hereto and incorporated into this set of Minutes:
Denial and Grant of Alternative Relief:
R. Frentzel
W. Wenchell.
J. Molnar.
IV. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by
Member Dinizio, and duly carried, to reaffirm the following matters as advertised for the
September 14, 2000 public hearings:
6:15 p.m. Appl. No. 4849 - TANAS TSATSOS. This is a request for a Lot
Waiver as provided under Article II, Section 100-26 to unmerge County Tax Map Lot
1000-38-3-9.2 (formerly CTM Lot 9) from 1000-38-3-9.3 (formerly CTM Lot 8). On
July 12, 2000 a Notice of Disapproval was issued stating that Lot 9.2 merged with
adjacent lot 9.3 pursuant to Section 100-25A of the Zoning Code. Location of
Property: 850 East Gillette Drive, East Marion; Marion Manor Filed Map No. 2038,
Lots 49 and 50.
6:20 p.m. Appl. No. 4850 - ALLAN AND HELEN TUTHILL. This is a request for a
Variance under Article XXIV, Section 100-244B, based on the Building Department's July
21, 2000 Notice of Disapproval to locate a proposed addition with a reduced front yard
setback, at 28+- feet. The existing front setback is shown at 31+- feet from the
cantilevered roof and 33+- feet from the dwelling. Location of Property: 295 Albo Drive,
Laurel, NY; County Tax Map No. 1000-126-2-9.
6:25 p.m. Appl. No. 4852 - HELEN GARVEY. This is a request for a Lot Waiver as
provided under Art. II, Section 100-26 to unmerge County Tax Lot 1000-115-12-7 from
1000-115-12-8. On May 30, 2000 a Notice of Disapproval was issued stating that CTM
Lot 7 merged with adjacent lot 8 pursuant to Section 100-25A of the Zoning Code for the
reason that the lots were held in common ownership. Location of Property: 550 Deep
Hole Drive, Mattituck, NY.
6:30 p.m. Appl. No. 4851 - WILLIAM S. RYALL, JR. This is a request for a Variance
under Article XXIV, Section 100-244B, based on the Building Department's July 24, 2000
Notice of Disapproval to locate a new dwelling with a setback at 25 feet from the front
Page 3 - Minutes
September 6, 2000 Meeting
Southold Town Board of Appeals
IV. RESOLUTIONS, CONTINUED (September 14, 2000 Legal Notice of Hearings):
property line. Location of Property: 915 Soundview Drive, Orient, NY; County Tax Map
No. 1000-13-3-5.2.
6:40 p.m. Appl. No. 4856 - JOHN WOLLEBEN. This is a request for a Variance
under Article III, Section 100-33C based on the Building Department's July 14, 2000
Notice of Disapproval to locate an accessory in-ground swimming pool at less than fifty
(50) feet from the front property line, required in the case of a waterfront parcel when it is
located in a front yard. Location of Property: 750 Bridge Lane, Cutchogue, NY; Parcel
1000-118-2-8.
6:50 p.m. Appl. No. 4858-ARTHUR AND FRANCES LEUDESDORF/W. MANDEL.
This is a request for a Variance under Article XXIII, Section 100-239.4A.1 based on the
Building Department's August 18, 2000 Notice of Disapproval to locate a new dwelling at
less than 100 feet from the bluff. Location of Property: 1700 Hyatt Road, Southold, NY;
County Tax Map Parcel 1000-50-01-005.
6:55 p.m. Appl. No. 4857 - ROBERT GAZZOLA/JOHN ZOUMAS. This is a request
for a Variance Article XXIII, Section 100-239.4(1) based on the Building Department's
August 16, 2000 Notice of Disapproval to locate a dwelling at less than forty (40) feet from
the front property line and less than fifty (50) feet from the rear property line, at 750 Cedar
Drive, Southold, NY; Parcel 1000-78-9-5.1.
7:05 p.m. Appl. No. 4859 - ROBERT INGRAM. This is a request for a Variance
Article III, Section 100-33 based on the Building Department's August 1, 2000 Notice of
Disapproval to locate a proposed accessory garage in the front yard, at 600 Shipyard
Lane, East Marion, NY; Parcel 1000-35-8-5.8.
7:10 p.m. Appl. No. 4826- WILLIAM PENNY III. (Continued hearing). Variance for
proposed building width greater than 60 ft. wide. This is a corner lot located at the south
side of C.R. 48 and west side of Youngs Avenue, Southold; Parcel 1000-55-5-2.2.
7:15 p.m. Appl. No. 4861 - LESLIE GAZZOLA. This is a request for a Variance
under Article XXIV, Section 100-239.4B, based on the Building Department's August 29,
2000 Notice of Disapproval for a proposed two-stow deck addition within 75 feet of the
bulkhead. Location of Property: 495 Elizabeth Lane, Southold; County Parcel No. 1000-
48-5-2.
7:20 p.m. REHEARING: Appl. No. 4828- ROBERT D'URSO and R. OVERHULS/M.
DELUCA, Contract Vendee. This is a request for a Lot Waiver as provided under Article II,
Section 100-26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a
Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant
Page 4 - Minutes
September 6, 2000 Meeting
Southold Town Board of Appeals
IV. RESOLUTIONS, CONTINUED (September 14, 2000 Legal Notice of Hearings):
to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part
of Lots H & I on the Map of Shores Acres Mattituck, NY
7:35 p.m. Appl. No. 4813 - A & S SOUTHOLD OIL CORP./E.M.T. INC. (Continued
from prior hearing calendars). Proposed canopy with request for variance on front yard
setback and addition to building with insufficient rear yard setback at 49610 Main Road
(and Bayview Rd.), Southold; 1000-70-7-4.
7:45 p.m. Appl. No. 4839 - HARRY CASHY and MARIA MISTHOS. This is a request
for a Variance under Article XXIII, Section 100-239.4(1) based on the Building
Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is
that the accessory in-ground swimming pool and hot tub are proposed at less than 100
feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 1900
Hyatt Road, Southold; Parcel 1000-50-1-3.
8:00 p.m.E.L.I. CANCER RESOURCE CENTER (Landowners: Mr. and Mrs. Mark
Levey) regarding premises known as 895 Highland Road, Cutchogue, identified as CTM
Parcel No. 1000-102-8-2, Highland Estates Subdivision Lot No. 5, requesting:
Appl. No. 4855 - Variances under Article III, Section 100-31B-5a and 5e(4) for
reduced: (a) setbacks and/or parking or loading area at less than 100 feet of any
street line and less than fifty (50) feet of any lot line. Applicant is proposing to
convert and use an existing principal building (dwelling) in its building present
location and proposed parking area to meet the site plan regulations; and (b) for a
total land area of less than 56,000 sq. ft., the size provided in the zoning code for
use of seven (7) health care patient beds on this parcel of 40,011 sq. ft.; and
Appl. No. 4854- Special Exception under Article III, Section 100-31B-5 to convert
an existing dwelling to a Health Care Facility. The Zoning Code defines a Health
Care Facility as:
"A structure and premises regulated by the State of New York and used to
provide an integrated range of medical and/or surgical services, primarily for
in-patients, on a twenty-four hour basis. Health services may require surgical
facilities, therapeutic and diagnostic equipment rooms, counseling facilities,
convalescent care equipment, and trauma care services. Out-patient clinics
and other forms of ambulatory health care facilities may exist as accessory
and integral services to the in-patient services. Supporting or accessory uses
may include a kitchen for preparation of patient meals,
cafeteria or snack/coffee shop for employees and visitors, gift shop, laundry,
pharmacy and staff offices (for bookkeeping, administration, medical records,
Page 5 - Minutes
September 6, 2000 Meeting
Southold Town Board of Appeals
IV. RESOLUTIONS, CONTINUED (September 14, 2000 Legal Notice of Hearings):
etc.) Shall otherwise be known as a "general or specialized hospital", a
"rehabilitation center," rest home" or "adult home."
9:00 p.m. Appl. No. 4860 - OLD HARBOR ASSOCIATES. This is a request for a
Variance under Article III, Section 100-33 based on the Building Department's July 28,
2000 Notice of Disapproval for the reason that a proposed accessory three-car garage will
encroach partly in the side yard, at 1195 Old Harbor Road, New Suffolk, NY; Parcel 1000-
117-3-8.6.
VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, and Collins. (Member
Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0).
OTHER REVIEWS, CONTINUED: The Chairman requested reviews and inspections for the
following new applications, anticipated for ZBA public hearings to be held October 19, 2000:
Appl. No. 4862 - SPRINT SPECTRUM (WILLIAM BAXTER, Owner). Height Variance for
new 110 ft. high tower (all inclusive height at 110 ft.), after removal of existing 100+- ft. high
tower. W/s Elijah's La, Cutchogue. 1000-108-4-11.3. Zone District: Limited Business.
Appl. No. 4863 - MARTIN ROSEN, Owner. Appeal requesting Reversal of B.I. Decision
dated August 14, 2000 which revoked Building Permit at 11780 Sound Ave, Mattituck. Zone
District: Light Industrial.
V. EXECUTIVE SESSION (None held).
The Chairman confirmed the schedule for interior building viewing for Board
Members regarding new hearing project(s) for Saturday, 9:45 a.m. starting with the
Crownland Lane, Cutchogue.
There being no other business properly coming before the Board at this time,
Page 6 - Minutes
September 6, 2000 Meeting
Southold Town Board of Appeals
the Chairman declared the Meeting adjourned. The Meeting was adjourned at
approximately 7:51 p.m.
Respectfully submitted,
Linda Kowalski
Board Secretary 11/8/00
APP*EALS BOARD MEMBERt
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 !179
Southold, New York 11971
ZBA Fax (631) 765-9064
Telephone (631) 765~1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 6, 2000
Appl No. 4839 - WALTER WENCHELL
STREET & LOCATION: 1210 Hiawathas Path, Southold
DATE OF PUBLIC HEARING: August 10, 2000
1000-78-3-65
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property comprises 13,656 square feet
located on the west side of Hiawathas Path in Southold, with 109.26 ft. of lot depth and 125 feet of
frontage. The property is improved with an one-story frame'dwelling with garage.
BASIS OF APPLICATION: Building Inspector's May 30, 2000 Notice of Disapproval denying a
permit to add a covered rear porch for the reason that the proposed addition would be 21+- feet
from the rear property line in violation of Code Section 100-244B which requires a rear yard at
least 35 feet.
AREA VARIANCE RELIEF REQUESTED: Applicant is proposing a 16x20 ft. screened porch
addition at the rear of the dwelling with a setback of 21.9+- ft. The proposed screened and roofed
porch would extend approximately 11.5 feet beyond the back of house.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented,
materials submitted and personal inspection, the Board makes the following findings:
(1) The house was completed in 1999. According to the foundation survey by John C.
Ehlers, dated March 12, 1999, the front and rear setbacks are exactly the 35 feet required by the
Code. Consequently, any sort of addition, front or rear, requires a variance.
(2) The survey shows a portion of the rear wall of the house indented 2'1". The proposed
16-foot-deep porch is to be built out from that indented wall section, putting its outer edge 13'11"
from the outermost section of the house wall and 21'1" from the rear property line. This is a
substantial encroachment into the required rear yard of 35 feet.
(3) A shallower porch, appropriately screened from the neighbors, will not be inconsistent
with neighborhood conditions. For this reason, the action set forth below will not produce an
undesirable change in the character of the neighborhood or detriment to nearby properties.
(4) There is no evidence that the action set forth below will have an adverse effect or impact
on physical or environmental conditions.
(5) The action set forth below is the minimum necessary and adequate to enable applicants
to enjoy the benefit of a screened porch, while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
Page '2 - September 6. 2000
ZBA AppL No. 4839 -W. Wenchell
Parcel 1000-78-3-65 at Southold
RESOLUTION/ACTION: On motion by Chairman Goehdnger, seconded by Member Dinizio, it was
RESOLVED, to DENY the vadance applied for and ALTERNATIVELY to GRANT a
vadance authorizing construction of a covered porch no more than 20 feet wide with a setback,
including any steps from the deck to the ground, of no less than 25 feet from the rear property line,
subject to the following CONDITIONS:
(1) The porch shall be and remain unenclosed except for screens, as applied.
(2) A screen of evergreens shall be planted and continuously maintained, parallel to the
rear property line and sufficiently within that line so as to be located on the higher land that lies
easterly of the rear retaining Wall. Such evergreen screen shal be centered on the porch addition,
shall be at least 24 feet long, and shall be comprised of trees 3 to 5 feet high planted no more than
eight (8) feet apart. The Board reserves the right at any time(s) in the future to review the
evergreen screen to determine that it is continuously maintained.
VOTE OF THE BOARD: AYES: Members Goehringer (Chairman'), Dinizio and Tortora.
NAY: Member Collins for the reason that the variance is-.-- -.- -- --unjus~if4'aSf~arge and is inappropriate in -
light of the fact that the house was built just last year with/arr'appar/e'nt unde. grst~din~g
of
the
Code
setback requirements. (Member Homing was absent.),/q-his R~olu!io~v~o, pted (3-1).
'<~r~T~m AND FILED BY
TPiE~ SOUTi{<LLD TOWN
To~ ~erk, To~ o~ ~otd
APPEALS BOARD MEMBERS
Gerard P. G0ehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEAl
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
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 6, 2000
Appl. No. 4845 - ROBERT FRENTZEL
STREET & LOCATION: 1900 Old Orchard Lane, East Marion 1000-37-2-9.'1
DATE OF PUBLIC HEARING: August 10, 2000
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicants' property comprises 22,500 sq. ft. located on
the west side of Old Orchard Lane, East Marion with 150 feet of lot depth and 150 ft. of road
frontage. It is improved with a single-family dwelling with garage, set back 32.5 feet from Old
Orchard Lane, 11.63 feet from the northerly property line (not including a small protrusion that is to
be removed) and about 75 feet from the rear property line.
BASIS OF APPLICATION: Building Inspector's June 22, 2000 Notice of Disapproval denying a
permit to expand the house for the reason that the proposed addition would have a rear setback of
36'4" in violation of the 50-ft. requirement of Code Section 100-244B.
AREA VARIANCE RELIEF REQUESTED: Applicant requests a vadanca to locate proposed
construction that will add a second floor to the existing house and a near two-story addition with a
rear setback of 36'4" in violation of the 50 ft. requirement of Code Section 100-244B.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspection, the Board makes the following findings:
(1) The existing house is small and the owners wish to enlarge it for year-round occupancy. They
testify that the only practical direction for expansion is westedy into the rear yard, because the
southerly and southwesterly yards are planted in mature gardens and have some significant
topographical irregularities. Because this lot is over 20,000 sq. ff., Code Section 100-244 requires
a rear yard of 50 feet. The current rear yard is about 75 feet; applicant proposes a rear yard of
36'4". Applicant also proposes a northerly side yard that continues the existing nonconforming
setback of 11.63 feet for the entire length of the addition. The required side yard setback under
Code Section 100-244 is 15 feet.
(2) The proposed project will result in a much larger house than now exists, with two stories rather
than one and a much larger footprint. The proximity to the northerly and westedy property lines
raises a serious possibility that the property will appear crowded and the house will intrude on the
neighbors. Because the project is in the planning stage, applicant is in a position to revise the plan
to allow for greater setbacks.
(3) The Board concludes that with greater setbacks as set forth below, the project will not produce
an undesirable change in the character of the neighborhood or detriment to nearby properties.
Page 2 - September 6, 2000
ZBA Appl. No. 4845 - R. and iVl. Frentzel
Parcel 1000-37-2-9.1 at East Marion
(4) There is no evidence that the action set forth below will have an adverse effect or impact on
physical or environmental conditions.
(5) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy
the benefit of a larger home with minimum disruption of established gardens, while preserving and
protecting the character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Collins, itwas
RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a
vadance authorizing a rear setback of no less than 40 feet from the rear property line, subject to
the CONDITION that the northerly wall of the proposed addition shall for its entire length be set
back no less than ~eet from the northerly property line.
VOTE OF THE BOARD: Ayes: Members Goehringer C_.(.~.~irman), Din~jz. ic)~ortora, and Collins.
(Member Homing from Fishers Island was ~~~ d~
,,~GERARD P. GOEHRINGER, CHAIRMAn.)
APPEALS 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
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 6, 2000
Appl. No. 4842 - JOHN AND LISA MOLNAR
STREET & LOCATION: 625 Indian Neck Lane, Peconic
DATE OF PUBLIC HEARING: August 10, 2000
1000-86-1-4.24
FINDINGS OF FACT
PROPERTY FACTS: The applicants' property comprises 21,750 sq. ft. on thee east side of Indian
Neck Lane in Peconic, with 145 feet of depth and 150 feet of frontage. It is improved with a two-
story frame dwelling with garage.
BASIS OF APPLICATION: Building Inspector's Notice of Disapproval, dated June 16, 2000,
denying a permit to build a rear deck for the reason that the deck would be 34 feet from the rear
property line in violation of the 50-foot rear yard required under Code section 100-244B.
AREA VARIANCE RELIEF REQUESTED: Applicants request a vadance authorizing an open rear
deck 36 feet wide by 15 feet deep, with a setback of 34 feet from the rear property line.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented,
materials submitted and personal inspection, the Board makes the following findings:
(1) Applicants' rear yard is 49 feet deep. This is one foot less-than the 50 feet required
under Code section 100-244B, reflecting a vadance granted under Application 4757.
Consequently, an addition of any sort at the rear requires a variance.
(2) The Board understands that the land immediately behind applicants' property is to be
left undeveloped. This fact, coupled with the size of the lot and the spacing between houses, leads
the Board to conclude that a modest open deck will not produce an undesirable change in the
character of the neighborhood or detriment to nearby properties.
(3) There is no evidence that the action set forth below will have an adverse effect or impact
on physical or environmental conditions.
(4) The action set forth below is the minimum necessary and adequate to enable applicants
to enjoy the benefit of a deck while preserving and protecting the character of the neighborhood
and the health, safety and welfare of the community.
RESOLUTION/ACTION: On motion by Chairman Goehdnge.r, seconded by Member Collins, it was
RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a
vadance authorizing construction of an open deck no more than 36 feet wide with a setback, taking
Page 2 - September 6, 2000
ZBA Appl. No 4839 - W. Wenchell
Parcel 1000-78-3-65 at Southold
RESOLUTION/ACTION: On motion by Chairman Goehdnger, seconded by Member Dinizio, itwas
RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a
vadance authorizing construction of a covered porch no more than 20 feet wide with a setback,
including any steps from the deck to the ground, of no less than 25 feet from the rear property line,
subject to the following CONDITIONS:
(1) The porch shall be and remain unenclosed except for screens, as applied.
(2) A screen of evergreens shall be planted and continuously maintained, parallel to the
rear property line and sufficiently within that line so as to be located on the higher land that lies
easterly of the rear retaining wall. Such evergreen screen shall be centered on the porch addition,
shall be at least 24 feet long, and shall be comprised of trees 3 to 5 feet high planted no more than
eight (8) feet apart. The Board reserves the right at any time(s) in the future to review the
evergreen screen to determine that it is continuously maintained.
VOTE OF THE BOARD: AYES: Members Goehdnger (Chairman), Dinizio, and Tortoml
NAY: Member Collins, for the reason that the variance is unju~rge and is inappropriate in
light of the fact that the house was built just last year with~appar~eht undej~sta~ding of the Code
setback requirements. (Member Horrling was ab~~~-l).
JGERARD P. GOEHRIN~ER, ~/AIRMAN