HomeMy WebLinkAboutZBA-09/14/2000APPEALS I~oAR~ MEMBERS
Gerard P. G0ehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
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, SEPTEMBER 14, 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,
September 14, 2000 commencing at 6:20 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Lydia A. Tortora, Member
George Homing, Member
Lora S. Collins, Member
Linda Kowalski, Secretary to ZBA
6:22 p.m. Chairman Gerard P. Goehringer called the meeting to order.
I. SEQRA REVIEW DETERMINATIONS: RESOLUTION ADOPTED: Motion was offered by
Chairman Goehringer, seconded by Member Collins, and duly carried, to confirm the following
actions:
Unlisted Action Cateqorv with Negative Declaration (No Effect):
Appl. No. 4854 - Special Exception - ELI Cancer Resource Cente¢.
Type Il Category:
Appl. No. 4828 - Robert D'Urso and R. Overhuls/M. DeLuca
Appl. No. 4855 - ELI Cancer Resource Center - Area Variances.
Vote of the Board: Ayes: Goehringer, Dinizio, Tort0ra, Collins, and Homing. This Resolution was
duly adopted (5-0).
II. PUBLIC HEARINGS: The following hearings were held, and except as noted below,
Resolutions were adopted to close (conclude) the hearing after receiving testimony. (For
specific discussion(s), please see the Transcript of Hearings prepared separately:
Page 2 - Minutes
Meeting held September 14, 2000
Southold Town Board of Appeals
PUBLIC HEARINGS, continued:
6:24 - 6:37 p.m. Appt. No. 4849 - TANAS TSATSOS. This is a request for a Lot Waiver as
provided under Article II, Section 100-26 to u nmerge 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. Mr. J. Fitzgerald, appeared in behalf of the applicant and offered
testimony in support of this application. (Please see Transcript of Hearings prepared separately.)
After receiving testimony, the Chairman moved to close (conclude) the hearing, seconded by
Member Tortora, and duly carried. This Resolution was duly adopted by unanimous vote (5-0).
6:37 - 6:53 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; County Tax Map No. 1000-
126-2-9, Mr. E. Williams, Builder offered testimony in behalf of the applicant. (Please see
Transcript of Headngs prepared separately.) After receiving testimony, Member Tortora offered a
motion to approve the variance as applied for, seconded by Chairman Goehdnger, and duly
carried. This Resolution was duly adopted. Ayes: All (5-0). Please see the original Findings,
Deliberations and Determination filed with the Town Clerk's office, a copy of which is attached as
though fully written into this set of Minutes.
6:53 - 6:54'P.m. Appl. No. 4852 - HELEN GARVEY. This is a request for a Lot Waiver
as provided under Article II, Section 100-26 to unmerge County Tax Map 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. Property Location: 550 Deep Hole Drive, Mattituck.
Mrs. Helen Garvey offered testimony in behalf of her application. (Please see verbatim Transcript
prepared separately.) After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Collins, and duly carried, to close (conclude) the hearing, reserving
decision until later. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
6:54 - 7:03 p.m. Appl. No. 4851 - WILLIAM S. RYALL, JR. This is a request for a
Variance under Article XXlV, 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
property line. Location of Property: 915 Soundview Drive, Orient, NY; County Tax Map No. 1000-
13-3-5.2. Mr. W. Ryall spoke in behalf of his application. (Please see Transcript of Hearings
prepared separately.) After receiving testimony, motion was offered by Member Collins,
seconded by Member Horning, to approve the application as applied for. Vote of the Board:
Ayes: All (5-0). This Resolution was duly adopted.
Page 3 - ~(!inutes
Meeting held September 14, 2000
Southold Town Board of Appeals
Public Hearings, continued:
7:03 - 7:11 p.m. Appl. No. 4856 - JOHN WOLLEBEN. This is a request for a Variance
under Article Ill, 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. Mrs. C. Mesiano
appeared and offered testimony in behalf of the applicant. (Please see Transcript of Hearings
prepared separately.) After receiving testimony, Chairman Goehringer moved to close (conclude)
the hearing, seconded by Member Tortora, reserving decision until later. Vote of the Board:
Ayes: All (5-0). This Resolution was duly adopted.
7:11 -7:28 p.m. Appl. No. 4858- ARTHUR AND FRANCES LEUDESDORF/VV. 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. Charles Cuddy, Esq. appeared with Mr. and Mrs. Leudesdorf, Surveyor Joseph
Ingegno, and Architect David Sherwood. Also speaking with concern was Mrs. V. Toedter, the
abutting property owner to the west. (Please see Transcript of Hearings prepared separately.)
After receiving testimony, Chairman Goehringer offered a motion, seconded by Member Collins,
to recess the hearing for approximately 10 minutes. Vote of the Board: Ayes: All (5-0). This
Resolution was duly adopted. (See 7:41 p.m. when hearing reconvened, noted below.)
7:28 - 7:41 p.m. Appl. No. 4857 - ROBERT GAZZOLA/JOHN ZOUMAS. This is a request
for Vadance 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. Mr. J. Zoumas offered testimony with regard to his application. Speaking
with concerns and against the application was Carl Dalteras, abutting property owner to the rear
of the lot. (Please see Transcript of Hearings prepared separately.) After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Collins, to close (conclude)
the hearing, reserving decision until later. Vote of the Board: Ayes: All (5-0). This Resolution
was duly adopted.
7:41 - 7:50 p.m. Appl. No. 4858 - ARTHUR AND FRANCES LEUDESDORFAN.
MANDELL hearing reconvened. Mr. and Mrs. John Mulady, owners of land three parcels to
the east, and Ms. Diane Judge, abutting landowner, spoke against the application. (Please
see Transcript of Hearings prepared separately.) After receiving testimony, motion was
offered by Chairman Goehringer, seconded by Member Tortora, to close (conclude) the
hearing, reserving decision until later. Vote of the Board: Ayes: All (5-0). This Resolution
was duly adopted.
Page 4 - Minutes
Meeting held September 14, 2000
Southold Town Board of Appeals
Public Hearings, continued:
7:50 - 7:58 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; Parcel 1000-35-8-5.8. Mr. Robert lngram offered testimony in behalf of his application.
(Please see verbatim Transcript of Hearings prepared separately.) After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Collins, to close (conclude)
the hearing, reserving decision until later. Vote of the Board: Ayes: All (5-0). This Resolution
was duly adopted.
7:58 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. The Chairman
opened the hearing and asked if anyone was present to speak, either for or against this
application, and there was no response. A motion was offered by Chairman Goehringer,
seconded by Member Horning, to recess the hearing until October 19, 2000. Vote of the Board:
Ayes: All (5~0). This Resolution was duly adopted.
7:59 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-story deck addition within 75 feet of the bulkhead. Property
Location: 495 Elizabeth Lane, Southold; County Parcel No. 1000-48~5-2. Mr. L. Gazzola offered
testimony in behalf of his application. (Please see verbatim Transcript of Hearings prepared
separately.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by
Member Tortora, to close (conclude) the hearing, reserving decision until later. Vote of the Board:
Ayes: All (5-0). This Resolution was duly adopted.
Chairman Goehringer left the room for the next hearing:
8:18 - 8:50 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 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. Member Dinizio opened the hearing as Chairman Pro Tern.
(Chairman/Member Goehringer was absent during this hearing and recused himself.) Gary
Flanner Olsen, attorney for the applicants, offered testimony in support of the application.
Extensive testimony was taken; please refer to Transcript of Hearing prepared separately for the
names and statements entered into the record. After receiving testimony, Chairman Pro Tern
Page 5 - Minutes
Meeting held September 14, 2000
Southold Town Board of Appeals
Public Hearings, continued:
Dinizio moved to close (conclude) the hearing, seconded by Member Tortora, and duly carried.
Vote of the Board: Ayes: All (4-0). This Resolution was duly adopted.
Chairman Pro Tem Dinizio announced a two-minute break in order to allow Chairman Goehringer
to continue with the remaining hearings.
8:50 - 8:55 p.m. A break was taken.
8:55 p.m. Chairman Goehringer returned and offered a motion to reconvene. The
motion was seconded by Member Collins, and duly carried. Ayes: All (5-0).
8:55 - 9:10 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. Leon Markowitz, Esq. spoke in behalf of the
applicants. Also present was Mr. G. Strang, Architect for the applicant. Opposing the
application was Carl DeAlateris, resident, Cheryl Hansen, resident, and Victor Trunce for his
mother, Mrs. Trunce, an adjacent property owner. After receiving testimony, Chairman
Goehringer offered a motion to close (conclude) the hearing, reserving decision until later.
The motion was seconded by Member Dinizio, and duly carried (5-0). Vote of the Board:
Ayes: All. This Resolution was duly adopted.
9:10 p.m. Appl. No. 4839 - H. Cashy & M. Misthos. Chairman Goehdnger opened the
hearing and asked if anyone was present regarding this application. Motion was then made
by Chairman Goehringer, seconded by Member Tortora, and duly carded, to continue this
hearing on October 19, 2000 as requested by applicants' attorney. This Resolution was duly
adopted (5-0).
The Chairman asked the audience if there was any objection to moving the next hearing
ahead instead of waiting till the end of the last hearing. There was no objection.
9:10 - 9:18 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; Parcel 1000-117-3-8.6. Mr.
Robert Lerner, Architect, offered testimony in behalf of the applicant. No one appeared to oppose
the application. After receiving testimony, motion was offered by Chairman Goehdnger, seconded
by Member Tortora, to close (conclude) the hearing, reserving decision until later. Vote of the
Board: Ayes: All (5-0). This Resolution was duly adopted.
Page 6 - Minutes
Meeting held September 14, 2000
Southold Town Board of Appeals
Public Hearings, continued:
9:18 p.m. E.LI. 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 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. ff., 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, etc.)
Shall otherwise be known as a "general or specialized hospital", a "rehabilitation
center," rest home" or "adult home."
Robert Hughes, attorney for the applicant, introduced the application. Also speaking was
Mrs. Christine Anderson and others for the E.L.I. CANCER RESOURCE CENTER. William
Goggins, Esq. and others spoke against the application. Extensive testimony, in support and
against the application, was recorded. Please see Transcript of Hearing for names of
speakers and statements recorded. After receiving testimony, Chairman Goehringer offered
a motion, seconded by Member Collins, to recess the hearing for a continuation at
approximately 7:35 p.m. on October 5, 2000. Vote of the Board: Ayes: All (5-0). This
Resolution was duly adopted.
End of hearings.
Page 7 - I~inutes
Meeting held September 14, 2000
Southold Town Board of Appeals
RESOLUTION TO ADVERTISE HEARING CALENDAR TO BE HELD BY THE BOARD OF
APPEALS ON OCTOBER 19, 2000:
Motion was offered by Chairman Goehringer, seconded by Member Collins, to
AUTHORIZE advertisement of the following hearing calendar for the October 19, 2000
Meeting of the Board of Appeals:
6:30 p.m. Appl. No. 4863 - THOMAS J. and PATRICIA MONAHAN. This is a request
for a Variance under Article XXIV, Section 100-244B, and Article XXIV, Section 100-
242A based on
the Building Department's July 26, 2000 Notice of Disapproval regarding a building
permit application for the reason that the project will increase the degree of
nonconformance. Applicants are proposing a dwelling addition with a combined side
yard of less than 25 feet and lot coverage exceeding the 20% code limitation. Location
of Property: 26350 Main Road, Cutchogue, NY; Parcel No. 1000-109-4-5.
(6:35 p.m. Appl. No. 4866 - NORMA MILLER. This is a request for a Special
Exception under Article 111, Section 100-31B(15) to establish an Accessory Bed and
Breakfast use for up to three (3) bedrooms, incidental and accessory to applicant-
owner's residence at 12910 Main Road, East Marion; Parcel No. 1000,31-14-14.
6:40 p.m. Appl. No. 4867 - STANLEY DROSKOSKI. This is a request for a Variance
under Article XXIV, Section 100-242A, based on the Building Department's March 28,
2000 Notice of Disapproval regarding applicant's request for a building permit. The
reason for disapproval is that the proposed addition represents an increase of
approximately 2% over the existing lot coverage, for a proposed deck-entry at the rear
of the dwelling. 531 Sterling Place, Greenport; 1000-34-3-4.
6:50 p.m. Appl. No. 4873 -PETER RUGG and MEDEDITH P. RUGG. This is a
request for Variances under Article III, Sections 100-32 and 100-33, based on the
Building Department's September 13, 2000 Notice of Disapproval to locate: (a) an
accessory building in a front yard, and (b) a proposed garage addition with a front yard
setback at less than 60 feet from the edge of right-of-way. Location of Property:
Munnatawket Avenue, Fishers Island; 1000-006-03-8~2; also referred to as Lot 2 on
the Edith Dillon Edson Map, filed in the Suffolk County Clerk's Office as File No. 9741.
Stephen L. Ham III, Esq.
6:55 p.m. Appl. No. 4872 LISTA CANNON. This is a request for a Variance under
Article XXIV, Section 100-244, based on the Building Department's September 11,
2000 Notice of Disapproval to locate a proposed addition to the existing dwelling with a
Page 8 - Minutes
Meeting held September 14, 2000
Southold Town Board of Appeals
(Resolution for October 19, 2000 Hearing Calendar, continued:)
front yard setback at less than 35 feet. Location of Property: 1050 Arshamomaque
Avenue at intersection with Orchard Street, Beixedon Estates, Southold; County
Parcel No. 1000-66-2-27. C. Cuddy, Esq.
7:00 p.m. Appl. No. 4865 - TANAS TSATSOS. This is a request for a Waiver of
Merger under Article II, Section 100-26 concerning lots shown on the Map of Eastern
Shores, Section V, filed in the Suffolk County Clerk's Office on December 31, 1968 as
File No. 5234. This Waiver of Merger is based on the July 26, 2000 Building
Department's Notice of Disapproval determining that, under Article II, Section 100-25,
Eastern Shores Subdivision Lot No. 133, shown as the westerly portion of County Tax
Lot 1000-33-2-24, and Eastern Shores Subdivision Lot No. 134, as the easterly portion
of 1000-33-2-24, are merged as one lot. A nonconforming lot shall merge with an
adjacent conforming or nonconforming lot held in common ownership with the first lot
at any time after July 1, 1983... until the total lot size conforms to the current bulk
schedule requirements." Location of Property: 1565 Green Hill Lane and South Side
of Sound Drive, Greenport. Proper-T Services, Inc.
7:05 p.m. Appl. No. 4871 - JOHN ZOUMAS (Owner: Vera Doroski). This is a request
for a Variance under Art. XXIV, Sec. 100-244 based on the September 11,2000 Notice
of Disapproval to locate a new dwelling with a front yard setback at less than the 40 ft.
minimum code requirement, and rear yard setback at less than the 50ft. minimum
requirement for a parcel of 21,580 sq. ft. in size. 455 Beebe Ddve, Cutchogue; 1000-
97-7-14.
7:10 p.m. Appl. No. 4868 - B. SHINN/SHINN VINEYARD, LLC. Vadance under Art.
III, Sec, 100-31A. 1 based on the July 21, 2000 Notice of Disapproval of an application
to alter an agricultural building by adding a shower facility. The reason for disapproval
is that "the design and presence of a full bath within the structure constitutes a second
dwelling unit on the parcel, at 2000 Oregon Rd, Mattituck; 1000-100-4-3.
7:15 p.m. Appl No. 4875 - LESLIE GAZZOLA. Variance under Article III, Section
100-33A, based on the August 21, 2000 Notice of Disapproval of an application to
locate an accessory building partly in a side yard. Location of Property: 495 Elizabeth
Lane, Southold; Parcel 1000-78-5-2.
7:20 p.m. Appl. No. 4877 - KENNETH ROBINS. Variance under Art. III, Sec. 100-
33A based, on the August 21, 2000 Disapproval of an application for a second floor
addition to existing accessory garage with a median height to collar ties as 19 feet.
365 Pequash Ave, Cutchogue; 1000-103-7-29.
P, ege 9 - Nlinutes
Meeting held September 14, 2000
Southold Town Board of Appeals
(Resolution for October 19, 2000 Headng Calendar, continued:)
7:25 p.m. Appl. No. 4878 - WILLIAM S. KELLY. Variance under Article III, Section
100-33A, based on the Building Department's September 22, 2000: Notice of
Disapproval of an application for a one-family dwelling proposed at less than 50 feet
from street front property lines. 1840 Brigantine Drive and Squaredgger Lane,
Southold; CTM No. 1000-79-4-24.
7:40 p.m. Appl. No. 4837 - H. CASHY/M MISTHOS, (Continued headng from
9/14/00 and 8/10/00). Proposed swimming pool and hot tub at less than 100 feet from
the top of the bluff or bank of the Long Island Sound, at 1900 Hyatt Road, Southold;
Parcel 1000-50-1-3.
8:00 p.m. Appl. No. 4862 - SPRINT SPECTRUM, L.P. (Owners: W. Baxter & ors.) -
Variance under Art. !11, Sec. 100-33A, based, on the Building Department's May 31,
2000 Notice of Disapproval for removal of the existing tower and to construct new
wireless communication tower at a height exceeding 20 feet above the average height
of buildings within 300 feet of the facility. The height is proposed at 110+- feet from
ground. Location: 415 Elijah's Lane, Mattituck; 1000-108-4-11.3. Zone: Limited
Business. Munley, Meade, Nielson & Re, Esqs.
8:15 p.m. Appl. No. 4826 - WILLIAM PENNY/TIDY CAR. (Continued hearing -
postponement requested by agent 8/18/0). Corner of C.R. 48 and Youngs Avenue,
Southold, NY; 1000-55-5-2.2. Zone: B General Business. McCarthy Management, or
their attorney.
8:20 p.m. Appl. No. 4864 - MARTIN ROSEN. Appeal requesting a Reversal of the
Building Department's Revocation of Permit No. 26546-Z dated August 14, 2000
regarding a ham radio tower which exists at 11780 Sound Avenue, Mattituck; 1000-
141-3-44. Zone: LI Light Industrial. The reasons stated in the Disapproval are as
follows: "Pursuant to Article XXVIII, Section 100-282B, The Building Inspector may
revoke a building permit issued in error when it should not have been issued in
accordance with the applicable law. Subject property, in LI Zone, had a pre-existing
nonconforming dwelling as principal use. This use was lost pursuant to Article XXIV,
Section 100-241G; subject property does not contain a permitted principle use
pursuant to Article XIV, .Section 100-141A. An accessory use cannot exist without a
principal use." Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn.
9:00 p.m. Appl. No. 4880 - L.I. HEAD START CHILD DEVELOPMENT SERVICES,
INC. Request for a Special Exception for Nursery School activities, Sec. 100-31B(14),
Pag~ 10 - Minutes
Meeting held September 14, 2000
Southold Town Board of Appeals
and is known as 1850 Main Bayview Road, Southold; Parcel No. 1000-75-4-28. Jean-
Pierre Lardoux, A.I.A.
Appl. No. 4839 - HARRY CASHY and MARIA MISTHOS (carryover).
APpl. No. 4826 - WILLIAM PENNEY/TIDY CAR. (carryover)
Vote of the Board: Ayes: Goehringer, Tortora, Collins,
confirmed he was otherwise engaged on October 19, 2000.
adopted (4-0).
Horning. Member Dinizio
This Resolution was duly
There being no other business properly coming before the Board at this time,
the Chairman declared the Meeting adjourned. The Meeting ended at 1 1:10 p.m.
Respectfully submitted,
~erard P. ~oehringer~~~
MR 200
APPE~ALS BOARL~'MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S Collins
George Homing
BOARD OF APPEAI,S
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
FIN DINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 14, 2000
Appl. No. 4850 - ALLAN and HELEN TUTHILL PARCEL 1000-126~2-9
STREET & LOCALITY: 295 Albo Ddve, Laurel
DATE OF PUBLIC HEARING: September 14, 2000
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The above-referenced property is situated on Albo Ddve
approximately 244 ft. east of Bray Avenue in Mattituck. This lot contains 23,000 sq. ff. of total
land area (including marsh) and is improved with a one-story frame house with attached garage.
This lot has 100 ff. road frontage and a lot depth of 230 feet (average).
BASIS OF APPEAL: Building Inspector's July 21, 2000 Notice of Disapproval, disapproving an
application to add a 50+- sq. ff. foyer at the front of their dwelling with a setback 28 feet from the
front property line at its closest point. The size of the foyer as proposed is 7' x 7'. The Code
requirement is 35 feet or the established setback, at 33.2 feet from the dwelling (or 31.2 feet from
the cantilevered roof line).
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: A 7' x 7' foyer addition as an entry
replacing the front stoop. The new setback would be 28 feet from the front property line instead
of 33.2 feet.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
On the basis of testimony presented and personal inspection, the Board makes the following
findings:
(1) Grant of the area variance will not produce an undesirable change in character of
neighborhood or a detriment to nearby properties. The dwelling lacks reasonable entry with a
small enclosed front porch, and the entry will replace the existing stoop area also at the front of
the house. This entry is consistent with the character of this residential neighborhood.
(2) The benefit sought by the applicant cannot be achieved by some'~'~thod, feasible for
applicant to pursue, other than a vadance. The house is presently 33 feet from the front property
line.
(3) The requested area variance is not substantial in considering a two ft. difference (7 x 7 front
porch verses the code's setback exemption for a 5' x 6' front stoop).
(4) There are no factors present to suggest that the grant of the front entry will have an adverse
effect or impact on the physical or environmental conditions in the neighborhood or district.
page 2 - September 14, 2000
Appl. No. 4850 - A. and H Tuthill
1000-126-2-9 at Laurel
(5) The situation has not been self-created and is related to the layout of the premises and
surrounding properties.
In considering this application, the Board deems this action to be the minimum necessary and
adequate to enable applicant to enjoy the benefit of security of an enclosed entrance at the front
of the house, while at the same time preserving and protecting the character of the neighborhood,
and the health, safety, welfare of the community.
RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehdnger, it
was
RESOLVED, to G RANT the relief; as applied for.
VOTE OF THE BOARD: AYES: MEMBERS~ plNfZFO~RA, HORNING,
and COLLINS. This Resolution was du~pte~ ~//,,,/"~/J
ARD P. GOEHRINC_.eER, CHAI~C[N
A15P'EALS BOAR~ MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
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
REGULAR MEETING OF SEPTEMBER 14, 2000
Appl. No. 4g~] - WILLIAM S. RYALL, JR. 1000-13-3-5.2
STREET & LOCALITY: 915 Sound View Ddve, Odent
DATE OF PUBLIC HEARING: September 14, 2000
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The subject properly is an unimproved lot situated on
South View Ddve in Odent, with 120 feet of road frontage and a total area of 20,955 sq. ft.
BASIS OF APPEAL: Building Inspector's Notice of Disapproval, dated July 24, 2000, denying a
permit to build a house on the property for the reason that the setback from the properly line on
South View Drive would be 25 feet, whereas Code Section 100-244B requires 40 feet.
RELIEF REQUESTED: Applicant requests a vadance authorizing placement of the house as,
proposed, with a 25-foot setback from the northwest property line along South View Drive.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented,
materials:'submitted :~nd personal inspection, the Board makes the following findings:
(1) Applicant's property slopes down substantially from the road, having an elevation of
about 78 feet at the northwesterly property line and about 56 feet at the southwesterly line.
Applicant testified that the building envelope allowable under the Code would require construction
on the steepest part of the land, and that the proposed location of the house - which requires a
vadance - is the most rational in light of the land contours.
(2) South View Ddve is a private road mapped at 50 feet wide, but the paved roadway is
scarcely 10 feet wide and the proposed house is about 52 feet from that pavement although only
25 feet from the edge of the mapped road. The paved roadway is little traveled, is owned by a
property owners association, and is unlikely ever to be widened. For these reasons, grant of the
requested vadance will not produce an undesirable change in the character of the neighborhood
or detriment to nearby properties.
(3) There is no evidence that grant of the requested vadance 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 applicant
to build a house in the most rational location on the property while preserving and protecting the
Page 2- September 14, 2000
ZBA Appl. No. 4.~5] - W. Ryall
1000-13-3-5.2 at Orient
character of the neighborhoOd and the health, safety and welfare of the community.
RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Homing, it was
RESOLVED, to grant the vadance as requested.
VOTE OF THE BOARD: AYES: Members Goehdnger (Chairman), Dinizio, Tortora, Collins, and
Homing. This Resolution was duly ADOPTED (5-0).
RECEIVED AND FILED BY
Tr~E 80UTHOLD TOWN
Clerk, Town of Southolcl