HomeMy WebLinkAboutZBA-02/28/2008APPEALS BOARD MEMBERS
Ruth D. Oliva
Gerard E Goehringer, Chairman
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, FEBRUARY 28, 2008
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
RECEIVED
Southold Town Cleri
A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was
held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on
Thursday, February 28, 2008 commencing at 9:30 A.M.
Present were:
Gerard P. Goehringer, Chairman/Member
Ruth D. Oliva, Member
James Dinizio, Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Kiernan Corcoran (10:00 a.m. - 2:00 p.m.)
Linda Kowalski, ZBA Confidential Secretary
Erika Nadeau, ZBA Court Reporter
9:40 A.M. Chairman Goehringer called the meeting to order with the Pledge of Allegiance.
The Board proceeded with the first item on the Agenda as follows:
I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA):
A. BOARD RESOLUTION: Motion was made by Chairman/Member Goehringer, seconded
by Member Weisman, to declare the following Declarations: Type II Actions with no further
steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and
breakfast requests:
KURT FREUDENBERG and JANET LATHEM #6121
PAUL and MAUREEN CACIOPPO #6127
SEROTA PROPERTIES #6125
GREG and KARMEN DADOURIAN #6131
JENNIFER and DAVID COLLINS #6123
MARJORIE DUNN #6122
ANTHONY E. and CAROL MITAROTONDO #6128
RICHARD and MARY-LOU MANFREDI #6124
DONALD and JANIS ROSE #6130
Page 2 - Minutes
Regular Meeting held Februazw 28, 2008
Southold Town Zoning Board of Appeals
DAVID FISHER #6126
HANS H. REIGER #6132
GEORGE THEODORAKOS #6133
JOHN CORBLEY #6119
THOMAS and MARGARET NOONE #6107
HARBES FAMILY FARM, LLC #6106
Vote of the Board: Ayes: AlL This Resolution was duly adopted (5-0).
B. SEQRA. The following application is pending SEQRA reviews, coordinated to the ZBA by
the Lead Agency: HARBES FAMILY FARM, LLC #6106.
II. PUBLIC HEARiNGS: The following public hearings were held, with Chairman Goehringer
introducing each application, and Member reading of each application Legal Notice as published:
9:41 A.M. KURT FREUDENBERG and JANET LATHEM #6121. P. Moore, Esq. Request for
Variances under Section 280-124, based on the Building Inspector's November 28, 2007 Notice of
Disapproval concerning the as-built location of an accessory shed and the proposed location of an
accessory swimming pool, which will exceed the maximum code-permitted 20% lot coverage for
all buildings and structures. Location of Property: Northerly Side of Lester's Road (a private
Right-of-Way off the east side of Westphalia Avenue), Mattituck; CTM 114-7-2.1. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairman/Member Goehringer, seconded by Members
Weisman and Oliva, to recess to April 24, 2008 at 1:00 p.m. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
I0:09 A.M. PAUL and MAUREEN CACIOPPO #6127. R. Lehnert. Request for a Variance under
Section 280-124, based on the Building Inspector's December 27, 2007 Notice of Disapproval
concerning the location of an accessory in-ground swimming pool, which will exceed the code
limitation of 20% lot coverage, at 735 Jackson Street, New Suffolk; CTM 117-9-6. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairman/Member Goehringer, seconded by Member
Weisman, to recess to April 24, 2008 at 1:20 p.m. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
10:22 A.M. SEROTA PROPERTIES #6125. Susan S. Keeney, Agent and A1 Bosella, Alley Cat
Sign. Request for a Variance under Section 280-85A(2), based on the Building Inspector's October
29, 2007 Notice of Disapproval concerning a proposed new ground sign, replacing the existing
ground sign. The proposed sign will be greater than three square feet in total area with an
additional allowance of 20% of the total for the name of the business center, at King Kullen
Shopping Center, 31525 Main Road, Cutchogue; CTM 97-5-12. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After receiving testimony,
motion was offered by Chairman/Member Goehringer, seconded by Member Simon, to close the
hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:39 A.M. RESOLUTION (BREAK): Motion was offered by Member Oliva, seconded by
Member Weisman, to recess for a break. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
Page 3 - Minutes
Regular Meeting held February 28, 2008
Southold Town Zoning Board of Appeals
10:50 A.M. RESOLUTION (RECONVENE): Motion was offered by Chairman/Member
Goehringer, seconded by Member Oliva, to reconvene the meeting. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
II. PUBLIC HEARINGS, continued
10:50 A.M. GREG and KARMEN DADOURIAN #6131. P. Moore, Esq., Mrs. Espania
Demetriades, Dino Demetriades, Mr. Droeger in opposition. Request for Variances under: (1)
Section 280-124, and (2) Section 280-15, both based on the Building Inspector's December 28,
2007 Notice of Disapproval concerning the location ora new dwelling at less than 40 feet from the
code-required minimum front yard setback, and for a swimming pool located in a side yard rather
than the code required front yard or rear yard for this waterfront pamel, located at 695 Petty's
Drive at Long Island Sound, Orient; CTM 14-2-23. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony, motion
was offered by Chairman/Member Goehringer, seconded by Member Oliva, to recess to April 24,
2008 at 1:35 p.m. pending receipt of Soil and Water and landscape plan. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
11:43 A.M. JENNIFER and DAVID COLLINS #6123. Jeffrey Sullivan for his daughter Jennifer
Collins. Request for Variances under Sections 280-122A, 280-124, and ZBA Code Interpretation
#5039 (Walz Application), based on the Building Inspector's December 3, 2007 Notice of
Disapproval concerning proposed alterations to the existing dwelling, which new construction
constitutes an increase in the degree of nonconformity with the front yard setback at less than a
minimum of 40 feet, at 6685 Oregon Road, Cutchogue; CTM 95-1-6. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Chairman/Member Goehringer, seconded by Member Oliva, to
close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
11:45 A.M. MARJORIE DUNN #6122. P. Moore, Esq., and Mr. and Mrs. Marty Dunn. Location
of Property: 300 Fay Court and Camp Mineola Road, Mattituck; CTM 123-5-11. The applicant is
requesting the following Variances:
A) under Sections 280-124 and 280-122 based on ZBA Code Interpretation #5029 (Walz
Application) and the Building Inspector's amended January 8, 2008 Notice of Disapproval
concerning proposed additions and alterations to the existing building. The new
construction will exceed the code limitation of 20% lot coverage, and with a proposed
reduction in the front yard setback will be an increase the degree of front yard
nonconformity (currently 18.7 feet average);
B) to remove 10/23/1960 ZBA Condition under Variance #1293 (former owner Herman
Pocher) concerning front, rear and side yard setback variances.
BOARD RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony under #6122, motion was offered by Chairman/Member
Goehringer, seconded by Member Weisman, to close the hearing, reserving decision pending lot
coverage information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 4 - Minutes
Regular Meeting held February 28, 2008
Southold Town Zoning Board of Appeals
II. PUBLIC HEARiNGS, continued
12:10 A.M. ANTHONY E. and CAROL MITAROTONDO #6128. Jim Fitzgerald, Proper-T-
Permits. Request for a Variance under Sections 280-15, based on the Building Inspector's January
7, 2008 Notice of Disapproval concerning a proposed accessory shed with a front yard setback at
less than the code-required 50 feet and side yard setback at less than the code-required 15 feet, at
950 Little Peconic Bay Road, Cutchogue; CTM 111-14-15. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony, motion
was offered by Chairman/Member Goehringer, seconded by Member Weisman, to close the
hearing reserving decision pending diagram with screening and sink layout and use. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
12:17 P.M. RICHARD and MARY-LOU MANFREDI #6124. Frank Notaro. Request for
Variances under Section 280-124, based on the Building Inspector's December 11, 2007 Notice of
Disapproval concerning as-built and existing deck construction, proposed for reconstruction with
enlargement resulting in a rear yard setback at less than 50 feet and single side yard setback at less
than 15 feet, at 170 Hilltop Path, Southold; CTM 54-1-29. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony, motion
was offered by Chairman/Member Goehringer, seconded by Member Oliva, to close the hearing
reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
12:30 P.M. RESOLUTION (BREAK): Motion was offered by Chairman/Member Goehfinger,
seconded by Member Dinizio, to recess for a break. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
12:35 P.M. RESOLUTION (RECONVENE): Motion was offered by Member Weisman, seconded
by Member Dinizio, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
12:35 P.M. DONALD and JANIS ROSE #6130. P. Moore, Esq., and Nancy Steelman, Architect.
Request for Variances under Sections 280-15B and 280-124, based on the Building Inspector's
January 7, 2008 amended Notice of Disapproval concerning the location of a new two-story
accessory building at a height exceeding 18 feet to the top of the ridge, after removal of a building,
and which new building is proposed at less than five (5) feet from the property line and with a lot
coverage which exceeds the code limitation of 20% (existing 27.43% lot coverage). Location of
Property: 145 King Street, Orient; CTM 1000-126-1-23. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony, motion
was offered by Chairman/Member Goehringer, seconded by Member Oliva, to close the hearing
reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
12:54 P.M. Member Oliva recused herself from participating with the hearing under #6131 - Hans
Reiger and left the room during the next two hearings.
12:54 P.M. DAVID FISHER #6126. Mark Schwartz, Architect and Doug Fisher for his brother.
Request for a Variance under Section 280-124, based on the Building Inspector's December 1 I,
2007 Notice of Disapproval concerning proposed additions to the existing single-family dwelling,
which increase the lot coverage and exceed the code limitation of 20% lot coverage, at 2165 Old
Orchard Road, East Marion; CTM 37-3-4.1. BOARD RESOLUTION: (Please see transcript of
Page 5 - Minutes
Regular Meeting held February 28, 2008
Southold Town Zoning Board of Appeals
written statements prepared under separate cover.) After receiving testimony, motion was offered
by Chairman/Member Goehringer, seconded by Member Weisman, to close the hearing reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva
was absent.
II. PUBLIC HEARINGS, continued
1:04 P.M. HANS H. REIGER #6132. Request for a Variance under Sections 280-15C and 280-
124, based on the Building Inspector's January 11, 2008 Notice of Disapproval concerning two
accessory sheds (as-built) at less than 35 feet from the front yard lot line, at 370 Harbor Road
(adjacent to Orient Harbor), Orient; CTM 1000-27-4-6. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony, motion
was offered by Chairman/Member Goehringer, seconded by Member Weisman, to close the
hearing reserving decision subject to receiving Building Permits and CO from applicant. Vote of
the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent, having
recused herself from this hearing.
1:29 P.M. Member Oliva returned.
1:29 P.M. GEORGE THEODORAKOS #6133. Vicky Toth. Request for a Variance under
Section 280-15, based on the November 5, 2007 Notice of Disapproval concerning a proposed
addition to the dwelling, which places the existing swimming pool partly in a side yard location:
1855 Rocky Point Rd, East Marion; CTM 30-3-8. BOARD RESOLUTION: (Please see transcript
of written statements prepared under separate cover.) After receiving testimony, motion was
offered by Member Weisman, seconded by Member Simon, to close the hearing reserving decision.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
1:33 P.M. JOHN CORBLEY #6119 (can-yover for final hearing). Jim Fitzgerald, Proper-T-
Permits. Additions to dwelling at 680 Mason Drive (Haywater Cove), Cutchogue; CTM 104-7-3.
BOARD RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Chairman/Member Goehringer,
seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
1:36 P.M. THOMAS and MARGARET NOONE #6107. P. Moore, Esq. Request for Variances
under Section 280-18 (Bulk Schedule), based on the Building Inspector's October 30, 2007
amended Notice of Disapproval concerning two lots proposed with an area of less than 40,000
square feet in and less than 150 feet of width (frontage) and less than 175 feet of depth in this R40
Low-Density Residential Zone District, located along the westerly side of Sigsbee Road,
commencing approximately 210 feet south of the Main Road, Mattituck; Map of Mattituck Park
Properties; CTM 143-1-4.1. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by
Chairman/Member Goehringer, seconded by Member Simon, to close the hearing reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
2:16 P.M. HARBES FAMILY FARM, LLC #6106. C. Mesiano and Ed. Harbes. Location of
Property: North Side of Sound Avenue and West Side of Hallock Lane (a private road), Mattituck;
CTM 1000-120-1-4 containing 7.5 acres; CTM 1000-112-1-7.6 containing 8 acres. The applicant
has applied for building permits the existing farm stand and a proposed change of use from farm
Page 6 - Minutes
Regular Meeting held February 28, 2008
Southold Town Zoning Board of Appeals
buildings to a winery/tasting room. Requested are Variances based on the Building Inspector's
amended Notice of Disapproval dated February 6, 2008. The reasons stated for disapproving the
building permit applications are as follows:
The as-built additions and alterations to the existing farm stand constructed without a
building permit prior to 1997 are not permitted, pursuant to the Code of the Town of
Southold in place when the construction work was completed without a building permit,
citing:
1)
Article III, Section 100-31A.2(a)l, which states that all buildings for display and retail
sales of agricultural and nursery products grown on premises shall not exceed one
thousand (1,000) square feet in floor area. Also, major additions and alterations had
been done increasing the size of the existing farm stand without a building permit, and
in 1989 a certificate of occupancy was issued for a new farm stand measuring 14 ft. by
14 ft. in size, however, between 1989 and 1997, additions and alterations were made to
that farm stand increasing its size fi.om 14 ft. by 14 ft. in size to 2,441 square feet.
2) Article III, Section 100-31A2.(a)3, which states off-street parking as required in the
parking schedule shall be provided and shall be approved by the Planning Board, and
3)
Section 280-13A.(4)C, for the reasons that the winery structures shall be set back a
minimum of 100 feet from a major road. The proposed conversion of existing farm
buildings to winery buildings is not permitted, as the winery structures are required to
be set back a minimum of 100 feet fi.om a maior road, and Buildings/Facilities 1, 2, 3,
and 4 and other construction-buildings, are less than the 100 feet fi.om Sound Avenue
and less than 100 feet from Hallock Lane.
4) Section 280-13A.4(D), which states the winery shall obtain site plan approval.
2:30 P.M. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member
Oliva, to table this hearing until after conclusion of the next agenda item (Executive Session), and
recess the hearing for approximately 10-15 minutes. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
EXECUTIVE SESSION (Agenda Item III - Updates regarding litigation matters).
2:30 P.M. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member
Oliva, to enter into Executive Session for the purposes of meeting with ZBA Counsel under
attorney-client privilege to discuss pending litigation matters in the Conference Room, and then
returning to Regular Session in approximately 15 minutes. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
REGULAR SESSION RECONVENED:
2:58 P.M. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member
Oliva to reconvene the Regular Session of this Meeting, and continue with agenda items. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 7 - Minutes
Regular Meeting held Februazw 28, 2008
Southold Town Zoning Board of Appeals
PUBLIC HEARINGS, continued:
2:58 P.M. HARBES FAMILY FARM, LLC #6106 - The hearing was reconvened and additional
testimony offered. BOARD RESOLUTION: (Please see lranscript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairman/Member
Goehringer, seconded by Members Weisman and Oliva, to recess without a date pending SEQR
final determination and pending receipt of additional information (as per hearing discussions).
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
(End of hearings, public meeting continues.)
IV. DELIBERATIONS/POSSIBLE DECISION/RESOLUTION: The Board deliberated on the
following applications. The originals of each of the following applications were decided, with the
original determinations filed with the Southold Town Clerk:
Denied with Gram of Alternative Relief with Conditions
KENNETH G. SCHEUBLEIN #6079
SANDFORD and ELIZABETH FRIEMANN #6114
ROBERT and MARY KATE DIGREGORIO #6115
V. RESOLUTIONS/OTHEPdUPDATE S:
RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by
Chairman Goehringer, to authorize advertising of complete applications, for public
hearings to be held during a Regular Meeting of March 27, 2008 9:30 AM, Town
Hall, Main Road, Southold.
RESOLUTION/ADOPTED: Motion was offered by Chairman Goehringer,
seconded by Member Oliva, to set date of next Special Meeting: March 13th - 4:00
PM at Town Hall Annex, NFB Building Main Road and Youngs Avenue, 2"a Floor
Executive Board Room, Southold.
RESOLUTION ADOPTED: APPROVAL OF MINUTES. Motion was offered by Member
Weisman, seconded by Member Ohva, and duly carried, to accept and authorize filing of
Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held February 7,
2008 and January 24, 2008. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
D. Tabled to next meeting: Updates for: LWRP Committee; Planning & Zoning
Committee; Zoning Code Committee, and other updates.
Chairman Goehringer confirmed the authorization submitted by Daniel C. Mooney,
Esq. concerning End of the Road #6106, which extension is 60-days beyond 62-day
period under NYTL.
Page 8 - Minutes
Regular Meeting held February 28, 2008
Southold Town Zoning Board of Appeals
Chairman Goehringer confirmed receipt of information submitted from the Town
Board requesting review and comments from ZBA Members regarding the proposed
formation of a Town Department of Environmental and Natural Resources.
There being no other business properly coming before the Board at ~ time, Chairman Goehringer
declared ~ meeting adjourned. The meeting was adjourned at 4:50 P.M.
Respectfully submitted,
- ginda Kowalski 3/5/2008
Included by Refe~ ZBA Dc ~i (3) ·
Ge~afk'. hringer, Ch~ . 3/13/2008
~lSpreved for Filkng
Resolution Accepting for F~g 3/13/2008