HomeMy WebLinkAboutZBA-07/15/2004
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Lydia A. Tortora
Vincent Orlando
James Dinizio, Jr.
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Tel. (631) 765-1809
Fax (631) 765-9064
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, JULY 15, 2004
A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall,
53095 Main Road, Southold, New York 11971-0959, on Thursday, July 15, 2004 commencing at 9:30 a.m.
Present were:
Ruth D. Oliva, Chairwoman/Member
Gerard P. Goehringer, Member
Lydia A. Tortora, Member
James Dinizio, Member
Kieran Corcoran, Assist. Town Attorney
Linda Kowalski, ZBA Confidential Secretary
Absent was: Vincent Orlando, Member
9:42 a.m. Chairwoman Oliva called the meeting to order.
. . .
AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows:
I. SEQRA: RESOLUTION declaring the foilowing Negative Declaration with no adverse effect for the
following projects as applied:
Tvee iI Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast
applications for public hearings held this date (see ii, below.)
ELAiNE NESIN #5548, #5533
DIANA FISCHER #5551
DAVID HOFFMAN #5551
LENNY and LUCILLE LUFRANO #5556
THOMAS and LAURA NIGRO #5536
LEONARD EPIFANO and PATRICIA RYAN #5557
ANTHONY P. CARNESI #5559
JOHN F. McFEELY #5560
GRAHAM HEAD #5541
ROBERT LEIGHTON #5561
JOHN and MARTHA WATTS #5562
PEGGY ATKINSON #5564
GENEVIEVE MCGRATH #5565
RONNIE and JANICE SOFFER #5563
GERARD SCHULTHEIS #5296
SUSAN LOMANGINO (Highwind Far, Inc., Mattituck Riding Arena) #5552
Page 2 - Minutes
Meeting held Juiy 15, 2004
Southold Town Board of Appeals
DAVID and PATRICIA BERWALD #5554
FRANCOIS and SUZANNE LATAPIE #5466
SOUTH OLD FIRE DISTRICT and OMNI-POINT COMMUNICATIONS, INC. #5547
Vote of the Board: Ayes: Member Oliva (Chairwoman), Goehringer, Tortora and Dinizio. This Resolution
was duly adopted (4-0). Member Orlando was absent.
II. RESOLUTION ADOPTED: KEVIN and SUSAN FERRELL #5538. Request for a Variance under Section 100-
239.4A based on the Building Department's April 19, 2004 Notice of Disapproval, amended Mav 18. 2004.
Applicants propose a deck addition and above-ground pool at less than 100 feet from the top of the Sound bluff, at
130 L10yds Lane, Mattituck; CTM 99-3-4.6. After reviewing the file, motion was offered by Member Goehringer,
seconded by Member Tortora, TO REOPEN THE HEARING FOR THE PURPOSE OF RECEIVING INFORMATION
FROM THE ASSOCIATION AND CALENDAR SAME FOR AUGUST 19TH AT 9:00 A.M. Vote of the Board: Ayes:
Member Oliva (Chairwoman), Goehrlnger, Tortora and Dinizio. This Resolution was duly adopted (4-0), and Member
Orlando was absent.
III. PUBLIC HEARINGS: The following public hearings were held. Please see verbatim transcript of
public hearings for details of statements offered during the hearings:
9:56 a.m. ELAINE NESIN. (PH carryover from 6/22 Meeting; applicant submitted ietter abandoning
nonconforming dweliing use of boats at this site for the reason that the new construction wiil be their
dweliing on the iot instead.) Location of Property: 875 Gull Pond Lane, Greenport; CTM #35-4-
28.42. Request for Variances under:
#5548. Based On the Building Department's May 25, 2004 amended Notice of
Disapproval, for relief of COndition #4, ZBA Appl. #2480 (Sarah Rausch) which Special
Exception application was granted for dockage and mooring privileges for two yachts,
with an agreement in 1978 to covenant be filed with the County Clerk, including a
restriction that this property is prohibited for residential use, without prior Board of
Appeals approval (The Special Exception authorized a shower, bulkhead, ramp and
mooring float as requested); and
#5533. Based On the Building Department's April 23, 2004 Notice of Disapproval,
Section 100-239.4B, for a dwelling proposed at less than 75 feet from the buikhead.
(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).
10:03 a.m. DIANA FISCHER #5551. Rob Herrmann, En-Consultants. Request for a Variance
under Section 100-30A.3, based On the Building Department's March 29, 2004 Notice of
Disapproval, for a new dwelling at less than 35 feet from the frOnt property iine, at 385 North
Lane, East Marion; CTM 31-7-10. (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).
10:10 a.m. DAVID HOFFMAN (Owners: DAN and L1DYA POLLOCK) #5558. Tom Samueis,
Architect. Request for a Variance under Sections 100-242A and 100-244 based On the Building
Department's June 3, 2004 Notice of Disapproval for additiOnS with alterations at less than 10 feet
On a single side yard, at 1230 Ruch Lane, Greenport; CTM 52-2-36. (Please see transcript of
written statements prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Oliva, seCOnded by Member Goehrlnger, to close
the hearing reserving decision. The Resolution was duly adopted (4-0).
Page 3 - Minutes
Meeting held July 15, 2004
Southold Town Board of Appeals
10:12 a.m. LENNY and LUCILLE LUFRANO #5556. Dan West, Builder. Request for a
Variance under Section 100-242A and 100-244, based on the Building Department's May 20,
2004 Notice of Disapprovai concerning proposed additions with alterations at less than 40 feet
from the front property line, at 610 Lupen Drive, Cutchogue; CTM #104-1-3. (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).
10:15 a.m. THOMAS and LAURA NIGRO #5536 (carryover from 6/22 PH). Request for a
Variance under Sections 100-31C, 100-243 and 100-33, based on the Building Department's
March 15, 2004 Notice of Disapproval concerning a new deck to be added to an existing non-
conforming accessory guest house. Section 100-243 states that a nonconforming building
containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or
moved unless the use of such building is changed to a conforming use. Section 100-31C states
that a guesthouse is not a permitted use. Section 100-33 requires accessory buildings to be
located in a rear yard, instead of a front yard. Location: Montauk Avenue, Fishers Island; CTM
10-7-5. (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 adjourn the hearing to 7/15 (today) at 1 :00 p.m. The Resolution was
duly adopted (4-0).
10:22 a.m. LEONARD EPIFANO and PATRICIA RYAN #5557. Request for a Variance under
Section 100-244, based on the Building Department's May 24, 2004 Notice of Disapproval
concerning proposed additions with alterations at less than 35 feet from the front lot line, at 1100
Water's Edge Way and Gin Lane, Southold; CTM 88-4-13. (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).
A short break was taken from 10:23 a.m. to 10:45 a.m.
10:50 a.m. ANTHONY P. CARNESI #5559. Tom Samuels, Architect. Request for a Variance,
based on the Building Department's May 12, 2004 Notice of Disapproval, concerning applicant's
plan to build a new non-conforming accessory building with a non-habitable use, replacing the
existing accessory building in a nonconforming front yard. Sections 100-33 and 100-244B do not
permit new construction at less than 40 feet from the front lot line and less than five (5) feet from
the side lot line. Location of Property: 3536 Cedar Beach Road, Southold; CTM 93-1-6.2
(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).
10:48 a.m. JOHN F. McFEELY #5560. Request for a Variance under Section 100-239.4B,
based on the Building Department's May 28, 2004 Notice of Disapproval concerning "as built"
deck construction (reconstruction with extension) at less than 75 feet from the bulkhead, at 5900
Peconic Bay Boulevard, Laurel; CTM 128-2-9.1. Motion was offered by Chairwoman Oliva,
seconded by Member Goehringer, to adjourn the hearing to 7/15 (today) at 11:55 a.m. for
appearance by applicant. The Resolution was duly adopted (4-0).
10:51 a.m. GRAHAM HEAD #5541. Bill Gorman, Builder. Request for a Variance under Section
100-30A(3), based on the Building Department's May 3, 2004 Notice of Disapproval, concerning
new additions at less than 15 ft. minimum on a single side, at 1160 Goose Creek Lane, Southold;
CTM 78-8-5.1. (6/14/etter from P. Maloney requested 6/22 adjournment to today 7/15). (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).
Page 4 - Minutes
Meeting held July 15, 2004
Southold Town Board of Appeais
11 :04 a.m. ROBERT LEIGHTON #5561. C. Mesiano. Request for a Variance under Sections
100-239.4B, 100-242A and 100-244B, based on the Building Department's May 25,2004 Notice
of Disapproval concerning additions with alterations, at less than 15 feet on a single side yard,
less than 35 feet on total side yards, and less than 75 feet from the bulkhead. Location of
Property: 335 Rochelle Place, Mattituck; CTM 144-4-10. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony,
motion was offered by Chairwoman Oliva, seconded by Member Tortora, to close the hearing
pending revised plans. The Resolution was duly adopted (4-0).
11:10 a.m. JOHN and MARTHA WATTS #5562. Nancy Steelman, Architect. Request for a
Variance under Sections 100-242 & 100-244, based on the Building Department's June 8, 2004
Notice of Disapproval concerning proposed additions at less than 40 feet from the front line and
less than 15 feet on a single side yard, at 295 Harbor River Road, Orient; CTM 24-2-8. (Please
see transcript of written statements prepared under separate coveL) 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).
11:13 a.m. PEGGY ATKINSON #5564. Request for a Variance under Sections 100-242A and
100-244, based on the Building Department's June 16, 2004 Notice of Disapproval for a new
deck addition with a single side yard at less than 10 feet and total side yards at iess than 25 feet,
as built, after demolition of the previous deck. Location of Property: 220 Sound Avenue,
Peconic; CTM 67-1-8. (Please see transcript of written statements prepared under separate
coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member
Tortora, seconded by Chairwoman Oliva, to close the hearing reserving decision. The Resolution
was duly adopted (4-0).
11:27 a.m. GENEVIEVE MCGRATH #5565. Request for a Variance under Section 100-244,
based on the Building Department's November 10, 2003 Notice of Disapproval concerning
proposed additions with alterations at less than 35 feet from the rear yard line, at 845 Private
Road #4, Southold; CTM 66-1-28. (Please see transcript of written statements prepared under
separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Oliva, seconded by Member Goehringer, to Giose the hearing reserving decision.
The Resolution was duly adopted (4-0).
11 :43 a.m. Motion was offered by Member Goehringer, seconded by Chairwoman Oliva to
REOPEN HEARING #5536 - THOMAS and LAURA NIGRO #5536. Vote of the Board: Ayes:
Member Oliva (Chairwoman), Goehringer, Dinizio, and Tortora. This Resolution was duly
adopted (4-0). This is a carryover from 6/22/04 public hearing calendar, and a request for a
Variance under Sections 100-31C, 100-243 and 100-33, based on the Building Department's
March 15, 2004 Notice of Disapproval concerning a new deck to be added to an existing non-
conforming accessory guest house. Section 100-243 states that a nonconforming building
containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or
moved unless the use of such building is changed to a conforming use. Section 100-31C states
that a guesthouse is not a permitted use. Section 100-33 requires accessory buildings to be
located in a rear yard, instead of a front yard. Location: Montauk Avenue, Fishers Island; CTM
10-7-5. (Please see transcript of written statements prepared under separate coveL) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded
by Member Dinizio, to close the hearing. The Resolution was duly adopted (4-0).
11 :50 a.m. Chairwoman Oliva offered a motion to adjourn till 1 PM, seconded by Member Dinizio,
and duly carried. This Resolution was duly adopted. (4-0)
(A break was taken until 1 :00 p.m.)
Page 5 - Minutes
Meeting held July 15, 2004
Southold Town Board of Appeals
1 :12 p.m. MEETING RECONVENED: Motion was made by Member Goehringer, seconded by
Chairwoman Olivia to reconvene the meeting. Vote of the Board: Ayes: Member Oliva (Chairwoman),
Goehringer, Tortoro and Dinizio. This Resolution was duly adopted (4-0). Absent was Member Orlando.
The Chairwoman proceeded with the agenda Items as follows:
III. PUBLIC HEARINGS, continued, as follows:
1:12 p.m. RONNIE and JANICE SOFFER #5563. (Adjournment by applicant requested;
Resolution to open hearing, receive testimony, and adjourn for continuation on August HI. at
11:45 a.m.: notice of mai/incs and Dostinc recuired bv aDDlicant for 8/19 PH). Request for a
Special Exception under Article III, Section 100-30A.2B and 100-31B, sub-sections 14a-d of the
Southold Town Zoning Code for an Accessory Bed and Breakfast, accessory to the owner's
occupancy in this single-family dwelling, for lodging and serving of breakfast to not more than six
(6) casual and transient roomers, clearly incidental and subordinate to the principal use of the
owner's residence at 25100 Main Road, Orient; CTM 18-6-6. (Please see transcript of written
statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony,
motion was offered by Member Goehringer, seconded by Chairwoman Oliva, to adjourn to
8/19/04 at 11 :45 a.m. The Resolution was duly adopted (4-0).
1 :14 p.m. GERARD SCHULTHEIS #5296. Request for a Variance under Section 100-242A and
100-244 Building Department's January 2,2003 Notice of Disapproval, amended April 16, 2003,
citing Sections 100-242A and 100-244, in its denial of a building permit to construct an additions
and alterations to the existing dwelling. The reasons stated in its denial are that the code
requires a rear yard setback of 35 feet, and that a new nonconformance or increased degree of
nonconformance with regard to the regulations pertaining to such building is not permitted.
Location of Property: 1640 First Street, New Suffolk; CTM 117-5-6.3 (Please see transcript of
written statements prepared under separate coveL) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Oliva, seconded by Member Dinizio, to adjourn to
9/16/04 at 1:00 p.m. The Resolution was duly adopted (4-0).
2:18 p.m. SUSAN LOMANGINO (Highwind Farm, Inc., Mattituck Riding Arena) #5552. P. Moore,
Esq. Request for a Special Exception under Section 100-31B(12) to establish a Riding Academy
on the existing horse farm, at 1150 Old Main Road, Mattituck; CTM 122-7-8.6. (Please see
transcript of written statements prepared under separate coveL) 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).
2:45 p.m. DAVID AND PATRICIA BERWALD #5554. P. Moore, Esq. Request for a Reversal of
the Building Department's April 27, 2004 Notice of Disapproval, or alternatively a Variance under
Section 100-31A.1, based on the Building Department's April 27, 2004 Notice of Disapproval,
concerning proposed additions with alterations to an existing accessory garage with a second
dwelling design. The reason stated in the Notice of Disapproval is that a principal dwelling
already exists on this lot, and Section 100-31 A.1 permits only one dwelling on each lot. Location
of Property: 1525 Aquaview Drive, East Marion; CTM 22-2-3. (Please see transcript of written
statements prepared under separate coveL) 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).
2:58 p.m. FRANCOIS AND SUZANNE LATAPIE #5466. Bruce Anderson. This is a request for
a Variance under Section 100-33, based on the Building Department's July 15, 2003 Notice of
Disapproval concerning a proposed accessory garage in an area other than the required rear
yard, at 1845 Broadwaters Road, Cutchogue; CTM #104-11-1.7. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony,
motion was offered by Chairwoman Oliva, seconded by Member Tortora, to close the hearing
Page 6 - Minutes
Meeting held July 15, 2004
Southold Town Board of Appeals
subject to revised plans and screening diagram. The Resolution was duly adopted (4-0).
3:20 p.m. JOHN F. McFEELY #5560. Hearing reconvened. (Please see transcript of written
statements prepared under separate coveL) 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).
3:22 p.m. SOUTH OLD FIRE DISTRICT and OMNI-POINT COMMUNICATIONS. INC. #55547
(This was a carryover requested by applicant from the 6/22 Meeting). Request for a Variance
under Section 100-1162B.3, concerning a new tower, proposed to replace the existing tower at a
height in excess of the code's height limitation. The Building Department states that the antenna
projects higher than 20 feet above the average height of 23 feet of buildings within 300 feet of the
facility. The applicant is proposing 63 feet in height Location of Property: 55135 Main Road,
Southold; CTM #62-2-11.1. (Please see transcript of written statements prepared under separate
coveL) 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).
End of Hearings, meeting continued as follows:
. . .
IV. RESOLUTIONS/UPDATED REVIEWS/OTHER
The Special Meeting was rescheduled from 7/29/04 to Monday, 8/2104 at 6:00 p.m.
. . .
V. EXECUTIVE SESSION
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 adjourned at 4;15 p.m.
Respectfully submitted,
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Ruth Oliva, Chairwoman Approved for Filing
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