HomeMy WebLinkAboutZBA-02/27/2001
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lara S. Collins
George Horning
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
APPEALS BOARD MEMBERS
MINUTES
REGULAR MEETING
TUESDAY, FEBRUARY 27, 2001
. A Regular Meeting of the SOUTH OLD TOWN BOARD OF APPEALS was held at
the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Tuesday,
February 27, 2001, commencing at 6:38 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Lydia A. Tortora, Member
George Horning, Member
Lora S. Collins, Member
Linda Kowalski, Secretary (excused 6:40 -7:00 p.m.)
6;38 p.m. Chairman Gerard P. Goehringer called the meeting to order.
* * *
AGENDA ITEM I: The Board proceeded with the first item on the Agenda, as follows:
I. STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEWS/RESOLUTION: After review of
the following applications, a motion was offered by Chairman Goehringer, seconded by
Member Tortora, and duly carried, to DECLARE the following actions under SEQRA:
Unlisted Type of SEQRA Action without adverse effect on the environment:
Appl. No. 4918 - WILLIAM M. ACKERMANN
Type II Declarations:
Appl. No. 4908 - CHESTER CIAGLO, JR.
Appl. No. 4911 - MANOR GROVE CORP. OwnerlW. and M. MOTT
Appl. No. 4900 - MARTIN AND JACQUELINE TAESCHER.
Appl. No. 4913 - LEONARD TIRADO.
Appl. No. 4914 - OWEN MORREL.
Appl. No. 4915 - MANOR GROVE CORP, Owner/Po DENICOLA
Appl. No. 4916 - CHARLES MILLMAN.
. Appl. No. 4910 - NICHOLAS BUBANY.
Appl. No. 4906 - V. and R. LYNCH.
Appl. No. 4909 - JAMES AND PATRICIA McNAMARA.
Vote of the Board: Ayes: Members Goehringer (Chairman), James Dinizio, Jr., Lydia A.
Tortora, Lora S. Collins, and George Horning. This Resolution was duly adopted (5-0).
Page 2 - Minutes
Meeting held February 27, 2001
Southold Town Board of Appeals
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The Board Secretary was excused and left the room from 6:40 - 6:58 p.m.
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II. PUBLIC HEARINGS: The Chairman opened and introduced each of the following
hearings. Please see the written Transcript of verbatim statements made during each
hearing, also filed with the Town Clerk for permanent record-keeping.
6:40-6:46 p.m. Appl. No. 4917 - ROBERT H. CHILTON. A Variance under Article
'XXIV, Section100-239.4B, based on the Building Inspector's December 26,2000 Notice of
Disapproval. Applicant is proposing a dwelling at less than 75 feet from the existing
bulkhead. Location: 1165 Blue Marlin Drive, Southold; 1000-57"1-13. The applicant, Robert
Chilton and his attorney Anthony B. Tohill were present and offered testimony in support of
their application. (There was no opposition from anyone in the audience during the hearing.)
After receiving testimony, motion was offered by Chairman Goehringer, seconded by
Member Horning, and duly carried, to close the hearing. This Resolution was duly adopted
(5-0).
6:46-6:51 p.m. Appl. No. 4908 - CHESTER CIAGLO. JR. A Variance under Article
III, Section 100-33, based on the Building Inspector's November 10, 2000 Notice of
Disapproval to locate a proposed deck addition at the rear of the existing dwelling, which
deck will place an existing accessory building in the side yard. 1825 Main Bayview Road,
Southold; 1000-70-8-54. The applicants, Mr. and Mrs. Ciaglo, were present. After a brief
discussion, the Chairman offered a motion, seconded by Member Tortora, and duly carried,
to close the hearing. This Resolution was duly adopted (5-0).
DELIBERATIONS/DECISION: Appl. No. 4908 - CHESTER CIAGLO, JR. Following
the hearing, the Board deliberated and a motion was offered by Member Tortora to approve
the application. A copy of the original Findings and Determination filed with the Town Clerk's
Office is attached and made a part hereof as though fully written in its entirety.
6:51-6:57 p.m. Appl. No. 4911 - MANOR GROVE CORP. OwnerlW. and M. MOTT.
Contract Vendees. A Variance is requested, based on the Building Department's October
31, 2000 Notice of Disapproval denying an application for a building permit, Article XXIV,
Section 100-244-B for the reason that a dwelling is proposed with a rear yard setback at less
than 35 feet. Location: 1380 East Gillette Drive, East Marion; 38-3-26. The applicant's
attorney, David Worthington Olsen was present and spoke in behalf of the applicants, Mr.
and Mrs. Wayne Mott. After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This
Resolution was duly adopted (5-0).
Page 3 - Minutes
Meeting held February 27, 2001
Southold Town Board of Appeals
PUBLIC HEARINGS, continued:
6:58-7:06 p.m. Appl. No. 4896 - STEPHEN SCHOTT. This is a request for a
Variance under Article III, Section 100-33, and Article XXIV, Section 100-244B, based on the
Building Department's October 30, 2000 Notice of Disapproval for a deck addition to existing
one-family dwelling with a rear yard setback at less than 50 feet, and an accessory building
in a side yard location with the new deck addition. Location: 1235 Cedar Drive, East Marion;
Aquaview Park Lot 11; 1000-22-2-44. Mr. Schott was present and spoke in support of his
application. Kim Dzenkowski, resident of the dwelling across the street, spoke in support of
the application. After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was
duly adopted (5-0). '
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7:06-7:20, and again between 7:30-7:51 p.m. Appl. No. 4900 - MARTIN AND
JACQUELINE TAESCHLER. This is a request for a Variance under Article III, Section 100-
33, based on the Building Inspector's October 6, 2000 Notice of Disapproval to locate an
accessory shed in an area other than a rear yard. Location: 985 Boisseau Avenue,
Southold; 1000-63-2-27. The applicant, Martin Taeschlerwas present and spoke in behalf of
his application. Speaking with concerns against the requested location were Mr. and Mrs.
Paul Rinckens, immediately residents of the house abutting this property. After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and
duly carried, to RECESS the hearing for approximately 15 minutes in order to allow time for
the applicant to speak with Mr. and Mrs. Rinckens about any possibility of an alternative
location that might be more workable. This Resolution was duly adopted (5-0).
7:21-7:29 p.m. Appl. No. 4913 - LEONARD TIRADO. This is a request for a Variance
under Article III, Section 100-33, based on the Building Department's September 25, 2000
Notice of Disapproval for permission to locate an accessory swimming pool in an area other
than a designated rear yard. Location: 3850 Nassau Point Road, Cutchogue; 1000-111-8-1.
The applicant, Mr. Tirado spoke in support of his application. Mr. and Mrs. Michael Salerno,
immediate property owners, spoke against the application. After receiving testimony, motion
was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to
RECESS the hearing until March 15, 2001. This Resolution was duly adopted (5-0).
7:30-7:51 p.m. Appl. No. 4900 - MARTIN AND JACQUELINE TAESCHER. (See
notation above, previous page). a continuation on April 5, 2001. Additional testimony was
offered by both theapplicant and the next door neighbor. After receiving testimony, motion
was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to
RECESS the hearing until April 15, 2001 for a continuation. This Resolution was duly
adopted (5-0).
7:52-7:53 p.m. Appl. No. 4914 - OWEN MORREL. This is a request for a Variance
under Article III, Section 100-33, based on the Building Department's December 14, 2000
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Page 4 - Minutes
Meeting held February 27, 2001
South old Town Board of Appeals
Notice of Disapproval for location of an accessory swimming pool in an area other than a
rear yard or front yard on this waterfront parcel. 3945 Soundview Avenue, Peconic; 1000-
68~ 1-15.1. The applicant, Mr. Morrel spoke in support of his application. After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and
duly carried, to close the hearing. This Resolution was duly adopted (5-0).
7:54-8:02 p.m. Appl. No. 4915 - MANOR GROVE CORP. and PETER DENICOLA.
This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building
Department's to locate a new dwelling with a minimum rear yard of less than 35 feet.
Location: 2205 Gillette Drive, East Marion; 1000-38-3-14. The applicant, Peter DeNicola,
spoke in support of his application. After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing.
This Resolution was duly adopted (5-0).
8:03-8:08 p.m. Appl. No. 4916 ,..- CHARLES MILLMAN. This is a request for a
Variance under Article XXIV, Section 100-244B, based on the Building Department's
December 19, 2000 Notice of Disapproval for location of a new dwelling with combined
sideyards of less than 35 feet. Location: 2670 Deep Hole Road, Mattituck; 1000-123-4-10.
Peter DeNicola appeared in behalf of the applicant. Also speaking in support of the
application was Mr. James Barr of 270 Gillette Drive to the east. After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried,
to close the hearing. This Resolution was duly adopted (5-0).
8:08-8:27 p.m. Appl. No. 4910 - NICHOLAS BUBANY. This is a request for a
Variance under Article III, Section 100-33, based on the Building Department's October 30,
2000 Notice of Disapproval for the location of an as-built garage in an area other than a rear
yard. Location: 160 Shipyard Lane, Southold; 1000-64-2-51. Richard F. Lark, Esq. appeared
in behalf of the applicant. After receiving téstimony, motion was offered by Chairman
Goehringer, seconded by Member Collins, and duly carried, to close the hearing. This
Resolution was duly adopted. Following the close of the hearing, the Board deliberated and
adopted a Resolution approving the application as applied for. A copy of the original
Findings and Determination filed with the Town Clerk's Office is attached and made a part
hereof as though fully written herein.
8:27 p.m. Appl. No. 4837 - H. CASHY. (Continued Hearing). This is a request for a
Variance under Article XXIV, Section 100-239.4A.1, based on the Building Department's May
2, 2000 Notice of Disapproval for location of an accessory swimming pool and hot tub
construction at less than 100 feet from the bluff of the Long Island Sound. Location: 1900
Hyatt Road, Southold; 1000-50-1-3. Based on the requests for additional time, motion was
offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to open the
hearing and RECESS the hearing for a continuation on March 15, 2001 at approximately
6:45 p.m. This Resolution was duly adopted (5-0).
Page 5 - Minutes
Meeting held February 27,2001
Southold Town Board of Appeals
PUBLIC HEARINGS, continued:
8:28-8:50 p.m. Appl. No. 4906 - V. and R. LYNCH. This is a request for Variances
under Article III, Section 100-33 and Article XXIV, Section 100-244B, based on the Building
Department's May 10, 2000 for a swimming pool in a side yard location and February 12,
2001 Amended Notice of Disapproval for a deck addition and step area at less than 20 feet
to the side property line. Crescent Avenue and Avenue B, Fishers Island; 1000-6-2-9 and 6-
1-15, combined as one lot. Mrs. Ham appeared in behalf of Stephen L. Ham III, attorney for
the applicants. Additional information was submitted as requested by the Board on
December 26, 2000. The Board asked Mrs. Ham to submit information regarding
consideration of alternative plans, possibly rotating the pool and with drainage information for
drywelllocations, etc. Mrs. Ham agreed. After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Member Tortora, and duly carried, to RECESS the
hearing for a continuation on April 5, 2001. This Resolution was duly adopted (5-0).
8:50 p.m. Appl. No. 4918 - WILLIAM and THERESA ACKERMANN. This is a request
for a Variance under Article III, Section 100-32 to construct a new second dwelling as a
principal building, replacing a dwelling. Also requested is a variance for a height of the new
dwelling above the code limitation of 35 feet, and/or 2-1/2 stories. 14035 and 13936 Middle
Road, Cutchogue, at Manor Hill. 108-3-7. The hearing regarding this application was
canceled. A motion was offered by Chairman Goehringer, seconded by Member Collins, and
duly carried, to recalendar this application for April 5, 2001. This Resolution was duly
adopted (5-0).
8:51-9:00 p.m. A short break was taken.
9:00 p.m. The meeting reconvened.
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9:01-9:40 p.m. Appl. No. 4876 - GORDON and MADELEINE SCHLAEFER (1670
House of Furniture). This is a request for a Variance under Article X, Section 100-103C,
based on the Building Inspector's September 14, 2000 Notice of Disapproval. Applicants are
proposing an addition to an existing commercial building which would have a building
frontage of 103 feet facing C.R. 48. Project Location: 47025 C.R. 48 (a/kla Middle Road),
Southold; 55-2-23. Patricia Moore, Esq. appeared in behalf of the applicants. The Board
discussed circular access around the building, and emergency vehicle access.with the
applicant. Appearing with concerns about the traffic conditions along C. R. 48 and parking
was Mr. and Mrs. Donald Tuthill, landowners to the south of CR. 48. Speaking in favor of
the application was John Nickles, Jr., of the Southold Business Alliance, and Rudoph Bruer,
Jr. of the Greenport-Southold Chamber of Commerce. After receiving testimony, motion was
offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the
hearing. This Resolution was duly adopted (5-0).
Page 6 - Minutes
Meeting held February 27,2001
Southold Town Board of Appeals
9:40-10:40 p.m. Appl. No. 4909 - JAMES AND PATRICIA McNAMARA (Owners of
101-4-1). Appellants request a Reversal of Building Permit No. 26821-Z issued concerning
new construction at 3705 Alvah's Lane, Cutchogue, property owned by Paulette Satur
Mueller and Eberhard Mueller: Parcel 101-2-24.5 and 24.6 (combined as one lot). Daniel
Ross, Esq. spoke in behalf of the appellants; Abigail Wickham, Esq. spoke in support of the
building permit for the Mueller's greenhouse construction by the property owner. Mrs. Mueller
also offered testimony in support of her approvals obtained from the Building Department
and the Town Farmland Committee for the greenhouse construction. Mrs. Wickham agreed
to furnish copies of all the case law referred to, for Board Member review and the file. After
receiving testimony, Chairman Goehringer offered a motion, seconded by Member Horning,
and duly carried, to RECESS-the hearing for a continuation on March 15,2001 at 7:15 p.m.
This Resolution was duly adopted (5-0).
End of Hearings.
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AGENDA ITEM IV.
A. RESOLUTION. Motion was offered by Chairman Goehringer, seconded by
Member Tortora, and duly carried, to advertise the following hearings for April 5, 2001:
6:30 p.m. Carryover hearinQs from February 28. 2001:
· Appl. No. 4906 - RV. LYNCH. JR (Continuation from 2/28/01). Pool in side yard
and proposed addition to dwelling with side yard at less than 20 feet, at Avenue Band
Crescent Avenue, Fishers Island. 1 000-6-2-9 and 15.
· Appl. No. 4900 - MARTIN TAESCHLER (Continuation from 2/28/01). Proposed
location of an accessory storage building; 985 Boisseau Avenue, Southold; 1000-63-
2-27.
· Appl. No. 4918 - WILLIAM ACKERMAN. This is a request for a Variance under
Article III, Section 100-32 to construct a new second dwelling as a principal
building, replacing an existing dwelling. Also requested is a variance for a
height of the new dwelling above the code limitation of 35 feet in height,
and/or 2-1/2 stories. Location of Property: 14035 and 13936 Middle Road,
Cutchogue; 1000-108-3-7.
6:45 p.m. Appl. No. 4921 - DORIS ANDERSON (owner) and JOHN HURTADO. Applicants request
variances under Article XXIII, Section 1 00-239.4A.1, based on the Building Department's December
20, 2000 Notice of Disapproval. Applicants propose a new dwelling with setbacks at less than 100
feet from the top of the bluff, less than 30 feet for combined side yard setbacks, and less than 40 feet
from the front property line. Location of Property: 3400 Lighthouse Road, Southold; 1000-50-2-2.
6:50 p.m. Appl. No. 4922 - LEO AND VIRGINIA ALESSI. Applicants request a variance under Article
III, Section 100-33-C, based on the Building Department's Dec. 28, 2000 Notice of Disapproval.
Applicants propose to locate an accessory garage at less than 50 feet from the front property line, at
1700 Cedar Point Drive East; Southold; 1000-92-1-3.
6:55 p.m. Appl. No. 4925 - EDWARD DART, TRUSTEE. Applicant requests a variance under Article
III, Section 100-33, based on the Building Department's December 26, 2000 Notice of Disapproval
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Page 7 - Minutes
Meeting held February 27, 2001
Southold Town Board of Appeals
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regarding a proposed dwelling location, which location places the existing accessory (barn) building in
a front yard area. Location of Property: East Side of Main Bayview Road and Willow Pond Lane,
Southold; 1000-78-1-10.23.
7:00 p.m. Appl. No. 4924 - JOHN M. AND MAUREEN JOHN. Applicants request a Waiver under
Article II, Section 100-26, to unmerge lots, based on the Building Department's November 30, 2000
Notice of Disapproval. The reasons for the disapproval is that Lot Numbers 20 and 22.2 have merged
under Article II, Section 100-25A and the subject lots have been held in common ownership during
any period of time after July 1, 1983. Location of Property: Corner of Rhoda Road and Ruth Road,
Mattituck; County Parcel # 1000-106-5-20 and 22.2; also shown as Lots 176 and 177 on the Map of
Captain Kidd Estates.
7:10 p.m. Appl. No. 4926 - JON KERBS. Applicant requests Variances based on the Building
Department's March 5, 2001 Amended Notice of Disapproval: (a) under Article XV, Section 100-151,
and Bulk Schedule of the Zoning Ordinance, for the reason that this lot does not meet the current lot
size requirements for this R"80 Residential Zone District; this lot contains less than 80,000 sq. ft. in
area, 175 ft. lot width, and 250 ft. of lot depth; and (b) under Article XXIV, Section 100-244B, for the
reason the setbacks of the existing trailer and garage do not meet the side yard code requirements for
lots containing 7,500 sq. ft. Location of Property: 60105 Main Road, Southold; Parcel 1000-56-3-11 ,
deeded April 23, 1958.
7:25 p.m. Appl. No. 4928 - MICHAEL COLAVITO. Applicant requests a Variance under Article III,
Section 100-32, based on the Building Department December 15, 2000 Notice of Disapproval for a
proposed addition and alteration to an existing dwelling, which exceeds the Code limitation of 2-1/2
stories. Location of Property: 6150 Main Bayview Road, Southold; 1000-78-4-44.2.
7:30 p.m. Appl. No. 4934 - WARREN CORAZZINI. Applicant requests Variances based on the
Building Department's December 18, 2000 Notice. of Disapproval, for a proposed commercial storage
building: (a) located at less than the code requirement of 70 feet from the rear property line, Article
XIV, Section 100-142, and (b) for a building length greater than the maximum permitted 60 feet facing
the Main Road, Article XIV, Section 100-143C. Location of Property: 67875 Main Road, Greenport;
1000-52-5-58.2.
7:40 p.m. Appl. No. 4931 - JOHN LEDDY. Applicant requests a variance under Article XXIV, Section
100-244B, based on the Building Department's December 27, 2000 Notice of Disapproval, for a
proposed alternation and addition to an existing dwelling which will be less than 35 feet from the front
property line, at 5700 Pequash Avenue, Cutchogue; 1000-110-5-36.
7:45 p.m. Appl. No. 4930 - JANE ROSS and JON SCHRIBER. Applicants request a variance under
Article III, Section 100-244B, based on the Building Department's December 18, 2000 Notice of
Disapproval, for a proposed addition to dwelling which will be less than 35 feet from the front property
line, at 1295 Old Harbor Road, New Suffolk; 1000-117-3-10.
7:50 p.m. Appl. No. 4929 - GRACE CANTONE. Applicant requests a variance under Article XXIV,
Section 100-244B, based on the Building Department's January 23, 2001 Notice of Disapproval for a
proposed addition to dwelling which will have a setback at less than 40 feet from Park Avenue front
property line. Location of Property: Corner of 2305 Park Avenue and Bungalow Lane, Mattituck;
1000-123-3-21.
7:55 p.m. Appl. No. 4932 - RICHARD M. HOKANSON. Applicant requests a variance under Article
XXIV, Section 100-244B, based on the Building Department's January 25, 2001 Notice of Disapproval
for a proposed single-family dwelling which will exceed the code limitation of 20% lot coverage (of the
total lot area). Location of Property: 1635 Nokomis Road, Southold; 1000-78-3-33.
8:00 p.m. Appl. No. 4933 - JOHN SOTO. Applicant requests a variance, under Article III-A, Section
100-30A.4, based on the Building Department's January 25, 2001 Notice of Disapproval for a
Page 8 - Minutes
Meeting held February 27, 2001
Southold Town Board of Appeals
swimming pool proposed in the front yard, at 90 Haywaters Road, Cutchogue; Amended Map A,
Nassau Point Club Properties Lot #272; Parcel #1000-111"2-4.
8:05 p.m. Appl. No. 4936 - ANTHONY VIVONA. Applicant requests a variance under Article III,
Section 100-33, based on thè Building Department's January 8, 2001 Notice of Disapproval for an
accessory storage building in a front yard location, at 125 Crescent Lane, East Marion; Pebble Beach
Farms Lot 98; Parcel #1000-30-2-41.
8:10 p.m. Appl. No. 4937 - SOUTHOLD PARK DISTRICT. Applicant requests a variance under
Article III, Section 100-32, based on the Building Department's February 12, 2001 Amended Notice of
Disapproval for a Park shelter building proposed at less than 60 feet from the front property line.
Location of Property: 5345 South Harbor Road, Southold; Parcel #1000-87-1-18.7.
8:15 p.m. Appl. No. 4935 - E.M. KONTOKOSTA. Applicant requests a variance under Article XXIV,
Section 100-239.4A, based on the Building Department's January 18, 2001 Notice of Disapproval for
an accessory swimming pool structure proposed at less than 100 feet from the top of the bank or bluff
of the Long Island Sound, at 56765North Road, Greenport; Parcel #1000-44-1-27.
8:20 p.m. Appl. No. 4923 - F. and A. VON ZUBEN. Applicant requests a variance under Article III,
Section 100-33C, based on the Building Department's January 3, 2001 Notice of Disapproval for an
accessory garage proposed at less than 40 feet from the front property line, at 1125 North Sea Drive,
Southold; 1000-54-4-13.
8:25 p.m. Appl. No. 4927 - KACE LI. INC. Applicant requests an Interpretation of Article IV, Section
100-42B.1 based on the Building Department's December 6, 2000 Notice of Disapproval for multiple
dwellings, which denied a permit for the reason that the project does not have a valid Special
Exception under Section 100-42B.1 . of the Zoning Code. Location of Property: South Side of North
Road (a/k/a C.R. 48), Project referred to as "Northwind Village", 500 feet east of Chapel Lane,
Greenport.; Parcel #1000-40-3-1.
Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and
Horning. This Resolution was duly adopted (5-0).
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AGENDA ITEMS IV: UPDATES OR RESOLUTIONS:
A. Confirmation of Special MeetinQ Date. The Chairman confirmed the Special
Meeting calendared for Thursday, March 15,2001 commencing at 6:45 p.m.
B. Resolution. Motion was offered by Chairman Goehringer, seconded by Member
Collins, and duly carried, to approve Minutes of the following Meetings: Jan. 18, 2001; Jan.
4, 2001; Nov. 16, 2000; Oct. 26, 2000; Oct. 19, 2000; Oct. 5, 2000; Sep. 14,2000. This
Resolution was duly adopted (5-0).
D. A tentative date of AprilJ9, 2001 Special Meeting was offered by Chairman
Goehringer for agenda carryovers, if any from the prior meeting(s), and work session reviews
of pending files.
. E. Updated reviews on other pending Applications continued, and the Chairman will
send reply to applicant(s) for additional information as needed.
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Page 9 - Minutes
Meeting held February 27, 2001
Southold Town Board of Appeals
F. The Board discussed correspondence received from Proper- T Services regarding
the Findings and Determination rendered by the Board regarding denial of 10126100 under
the Application of T. Tsatsos. No action was taken regarding this correspondence. "
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Informal discussion regarding Cliffside AssociateslTidemark application proposal. Patricia
Moore, Esq. asked to speak to Board Members. Mrs. Moore offered statements in behalf of
the applicant. No action was taken at this time, although the Chairman mentioned the Board
will be consulting with the Town Attorney regarding Mrs. Moore's request.
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V. EXECUTIVE SESSION (none held).
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There being no other business properly coming before the Board at this time,
the Chairman declared the Meeting adjourned. The meeting adjourned at
approximately 11 :20 p.m.
Respectfully submitted,
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~ " .,' , " Linda Kowalski. Board Secretary
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Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
- APPEALS 'BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY2?, 2001
Appl. No. 4910 - Nicholas Bubany
Street & Location: 160 Shipyard Lane, Southold
Date of Public Hearing: February 2~ 2001
1000-64-2-51
Findings of Fact
PROPERTY FACTS: The subject parcel contains 10,125 sq. ft. of land area and is
improved with a frame single-family dwelling and frame garage, as detailed on the
August 18, 2000 surveý prepared by Peconic Surveyors, P.C. The garage is about eight
(8) feet from the north side of the house and connected to the house by a trellis. The
garage measures 12.2 x 22.2 feet and approximately eight (8) feet of the 22.2 ft. depth
lies forward of the rear line of the house, and therefore in the side yard.
BASIS OF APPLICATION: Article III, Section 100-33, based on the Building
Department's October 30, 2000 Notice of Disapproval for the reason the accessory
"garage is located within side yard."
RELIEF REQUESTED: Applicant requests a variance authorizing the garage in the
current side-yard location,so that a Certificate of Occupancy can be issued.
BOARD REASONS: On the basis of testimony presented, materials submitted and
personal inspection, the Board makes the following findings:
(1) The dwelling was built in 1960 by applicant's father. The garage was built in
1961. The Town issued a Certificate of Occupancy for house on July 20,1960.
(2) The Applicant, Mr. Bubany (former owner, appearing with authorization of
new owner), testified his father understood that when the garage was built, his father
understood that it was considered part of the house and that the Certificate of
Occupancy (C.O.) for the house covered it. Since there is in fact no C.O. for the garage,
and a building permit application was recently denied by the Building Department
because of its side-yard location, Applicant needs a variance,
(3) The Applicant submitted letters from three former building inspectors, stating
that when the garage was built, attachment to the house by the trellis was sufficient for
the garage to be considered part of the house.
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i ~ Page 2 - February 1Z, 2001
I
II Appl. No. 4910- N. Bubany (64-2-51)
11 Southold Town Board of Appeals
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(4) The garage and house have been in place for. 40 years, and are an
established part of the neighborhood. The intrusion into the~yard is only eight (8)
feet, and the garage setback from the property line is greater than the three (3) feet
required for an accessory structure. For these reasons, grant of the requested variancë
wilr not produce an undesirable change in the character of the neighborhood or
detriment to nearby properties.
(5) There is no evidence that grant of the requested variance will have an
adverse effect or impact on physical or environmental conditions.
(6) The action set forth below is the minimum necessary and adequate to enable
applicant to obtain a permit and Certificate of Occupancy for the 40-year-old garage
while preserving and protecting the character of the neighborhood and the health, safety
and welfare of the community.
BOARD RESOLUTION: On motion offered by Chairman Goehringer, seconded by
Member Tortora, it was
RESOLVED, to GRANT the variance, as applied for.
VOTE OF THE BOARD: AYES: Goehringer, Di
This Resolution was duly adopted (5-0).
I
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
, APPEALS BOARD MEMBERS
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY 2:'?,"2001
Appl. No. 4908 - Chester Ciaglo
Street & Location: 1825 Main Bayview Road, Southold
Date of Public Hearing: February 27, 2001
1000-70-8-54
Findings of Fact
PROPERTY FACTS: The'subject property has a frontage of 102 ft. along the
easterly side of Main Bayview Road and depth of 180.88 feet at the southerly
property line. The parcel is improved with a frame single-family dwelling and a
frame garage, as -detailed on the January 9, 1997 survey prepared by Joseph
Ingegno, Land Surveyor. The garage is about 12 from the north side of the house.
The garage measures 14.3 x 22.3 feet, and approximately 14 feet of the 22.3 ft.
depth lies forward of the rear line of the house, and therefore in the side yard.
BASIS OF APPLICATION: Building Department's November 10, 2000 Notice of
Disapproval for the reason the deck places an existing accessory garage in a side
yard.
RELIEF REQUESTED: Applicant requests a variance under Article III, Section 100...
33 authorizing the existing garage to remain in the side yard.
BOARD REASONS: On the basis of testimony presented, materials submitted and
personal inspection, the Board makes the following findings:
(1) The garage and house have been in place for at least 40 years, and are
an established part of the neighborhood. The intrusion into the side yard of the
garage was recently discovered when an application was submitted to the
Building Department for a 14.3 ft. x 25'6" deck addition to the house. The deck
addition conforms to the setback requirements, however, once constructed places
a 14.3' section of the existing garage in the side yard. The garage meets the
setback requirements in all other respects. For this reason, grant of the requested
variance will not produce an undesirable change in the character of the
neighborhood or detriment to nearby properties.
(2) There is no evidence that grant of the requested variance will have an
adverse effect or impact on physical or environmental conditions.
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Page 2 - February 2-X 2001
Appl. No. 4908 - C. Ciaglo(70-8-54)
Southold Town Board of Appeals
BOARD REASONS. continueâ
(3) The action set forth below is the minimum necessary and adequate to
enable applicant to obtain a permit and Certificate of Occupancy for the 40-plus
year-old garage while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
(4) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance because the
garage has existed for more than 40 years. The deck addition is proposed at the
rear of the dwelling and would meet all setbacks and the 20% lot coverage
limitation of the Zoning Code.
(5) There is no evidence that the grant of the variance will have an adverse
effect or impact on the physical or environmental conditions in the neighborhood
or district.
(6) The alleged difficulty has been self-created, in part, and relates to the
applicant's desire to enjoy a deck addition at the rear of the house.
In considering this application, the Board deems this action to be the minimum
necessary and adequate for the applicants to enjoy the benefit of a new deck,
while keeping the garage in its established location, and that the grant of this
variance will preserve the character of the neighborhood, and the health, safety,
welfare of the community.
RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member
Horning, it was
RESOLVED, to GRANT the variance, as applied for.
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VOTE OF THE BOARD: AYES: Member
Collins, and Horning. This Resoluti was dul
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Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
APPEALS BOARD MEMBERS
BOARD OF APPEALS
TOWN OF SOUTH OLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY 2 V 2001
Appl. No. 4908 - Chester Ciaglo
Street & Location: 1825 Main Bayview Road, Southold
Date of Public Hearing: February 21, 2001
1000-70-8-54
, Findings of Fact
PROPERTY FACTS: The subject property has a frontage of 102 ft. along the
easterly side of Main - Bayview Road and depth of 180.88 feet at the southerly
property line. The parcel is improved with a frame single-family dwelling and a
frame garage, as detailed on the January 9, 1997 survey prepared by Joseph
Ingegno, Land Surveyor. The garage is about 12 from the north side of the house.
The garage measures 14.3 x 22.3 feet, and approximately 14 feet of the 22.3 ft.
depth lies forward of the rear line of the house, and therefore in the side yard.
BASIS OF APPLICATION: Building Department's November 10, 2000 Notice of
Disapproval for the reason the deck places an existing accessory garage in a side
yard.
RELIEF REQUESTED: Applicant requests a variance under Article III, Section 100-
33 authorizing the existing garage to remain in the side yard.
BOARD REASONS: On the basis of testimony presented, materials submitted and
personal inspection, tþe Board makes the following findings:
(1) The garage and house have been in place for at least 40 years, and are
an establ.ished part of the neighborhood. The intrusion into the side yard of the
garage was recently discovered when an application was submitted to the
Building Depa.rttrt~nt for a 14.3 ft. x 25'6" deck addition to the house. The deck
addition conforms to the setback requirements, however, once constructed places
a 14.3' section of the existing garage in the side yard. The garage meets the
setback requirements in all other respects. For this reason, grant of the requested
variance will not produce an undesirable change in the character of the
neighborhood or detriment to nearby properties.
(2) There is no evidence that grant of the requested variance will have an
adverse effect or impact on physical or environmental conditions.
.
Page 2 - February 27 2001
Appl. No. 4908 - C. Uaglo (70-8-54)
Southold Town Board of Appeals
I'
BOARD REASONS, continued
(3) The action set forth below is the minimum necessary and adequate to
enable applicant to obtain a permit and Certificate of Occupancy for the 40-plus
year-old garage while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
(4) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance because the
garage has existed for more than 40 years. The deck addition is proposed at the
rear of the dwelling and would meet all setbacks and the 20% lot coverage
limitation of the Zoning Code.
(5) There is no evidence that the grant of the variance will have an adverse
effect or impact on the physical or environmental conditions in the neighborhood
or district.
(6) The alleged difficulty has been self-created, in part, and relates to the
applicant's desire to enjoy a deck addition at the rear of the house.
In considering this application, the Board deems this action to be the minimum
necessary and adequate for the applicants to enjoy the benefit of a new deck,
while keeping the garage in its established location, and that the grant of this
variance will preserve the character of the neighborhood, and the health, safety,
welfare of the community.
RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member
Horning, it was
RESOLVED, to GRANT the variance, as applied for.
VOTE OF THE BOARD: AYES: Member
Collins, and Horning. This Resoluti was dul
r'-·-'~P~ÀLSBOARD MEMBERS
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Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY 27 2001
Appl. No. 4910 - Nicholas Bubany
Street & Location: 160 Shipyard Lane, Southold
Date of Public Hearing: February 212001
1000-64-2-51
Findings of Fact
PROPERTY FACTS: The subject parcel contains 10,125 sq. ft. of land area and is
improved with a frame- single-family dwelling and frame garage, as detailed on the
August 18, 2000 survey prepared by Peconic Surveyors, P.C. The garage is about eight
(8) feet from the north side of the house and connected to the house by a trellis. The
garage measures 12.2 x 22.2 feet and approximately eight (8) feet of the 22.2 ft. depth
lies forward of the rear line of the house, and therefore in the side yard.
BASIS OF APPLICATION: Article III, Section 100-33, based on the Building
Department's October 30, 2000 Notice of Disapproval for the reason the accessory
"garage is located within side yard."
RELIEF REQUESTED: Applicant requests a variance authorizing the garage in the
current side-yard location, so that a Certificate of Occupancy can be issued.
BOARD REASONS: On the basis of testimony presented, materials submitted and
personal inspection, the Board makes the following findings:
(1) The dwelling was built in 1960 by applicant's father. The garage was built in
1961. The Town issued a Certificate of Occupancy for house on July 20, 1960.
(2) The Applicant, Mr. Bubany (former owner, appearing with authorization of
new owner), testified his father understood that when the garage was built, his father
understood that it was considered part of the house and that the Certificate of
Occupancy (C.O.) for the house covered it. Since there is in fact no C.O. for the garage,
and a building permit application was recently denied by the Building Department
because of its side-yard location, Applicant needs a variance.
(3) The Applicant submitted letters from three former building inspectors, stating
that when the garage was built, attachment to the house by the trellis was sufficient for
the garage to be considered part of the house.
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Page 2 - February 2Q 2001
Appl. No. 4910 - N. Bubany (64-2-51)
Southold Town Board of Appeals
(4) The garage and house have been in place for 40 years, and are an
established part of the neighborhood. The intrusion into the front yard is only eight (8)
feet, and the garage setback from the property line is greater than the three (3) feet
required for an accessory structure. For these reasons, grant of the requested variance
will not produce an undesirable change in the character of the neighborhood or
detriment to nearby properties.
(5) There is no evidence that grant of the requested variance will have an
adverse effect or impact on physical or environmental conditions.
(6) The action set forth below is the minimum necessary and adequate to enable
applicant to obtain a pèrmit and Certificate of Occupancy for the 40-year-old garage
while preserving and protecting the character of the neighborhood and the health, safety
and welfare of the community.
BOARD RESOLUTION: On motion offered by Chairman Goehringer, seconded by
Member Tortora, it was
RESOLVED, to GRANT the variance, as applied for.
VOTE OF THE BOARD: AYES: Goehringer, Di
This Resolution was duly adopted (5-0).
GERARD P. GOEHRINGER
CHAIRMAN 3/ fl01