HomeMy WebLinkAboutZBA-04/24/2008APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chainnan
Ruth D. Oliva
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
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
MINUTES
REGULAR MEETING
THURSDAY, APRIL 24, 2008
Southold Town ClerS
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, April 24, 2008 commencing at 9:30 A.M.
Present were:
Gerard P. Ooehringer, Chairman/Member
Ruth D. Oliva, Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Kieran Corcoran, Assistant Town Attorney
Linda Kowalski, ZBA Confidential Secretary
Erika Nadeau, ZBA Court Reporter
Absent: James Dinizio, Member
9:37 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): BOARD
RESOLUTION: Motion was made by Member Oliva, seconded by Member Goehringer
(Chairman), to declare the following Declarations: Type II Actions with no further steps
regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast
requests:
CHRISTOPHER and EVELYN CONKLIN #6155
JOHN VAN GELDER #6148
DONALD HOHN #6149
JAMES MESKOURIS #6142
CJC1 CORP. #6146
MICHAEL KENIN #6153
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was
absent.
Page 2 - Minutes
Regular Meeting held April 24, 2008
Southold Town Zoning Board of Appeals
II. PENDING DELIBERATIONS/DECISION: The following application was tabled to the
next meeting (May 8, 2008), for final wording of possible conditions.
DONALD and JANIS ROSE #6130. 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 accesso~w 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. (3/27
PH was concluded).
III. PUBLIC HEARINGS: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as
published:
9:38 A.M. PAULETTE GARAFALO and THOMAS GIESE - ZBA #6143. Mr. Giese appeared
and spoke in behalf of his application for a Variance under Section 280-122, based on the
Building Inspector's January 18, 2008 Notice of Disapproval and ZBA Code Interpretation
#5039 (Walz) concerning proposed additions and alterations to an existing single-family
dwelhng which will result in an increase in the degree of the existing front yard setback
nonconformance, at less than 50 feet. Location: 90 Sterling Road, Cutchogue; CTM 104-4-4.1.
BOARD RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by
Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Member Dinizio was absent.
9:41 A.M. CHRISTOPHER and EVELYN CONKLIN - ZBA # 6155. Mr. and Mrs. Conklin
appeared and spoke in behalf of their application, and also confirmed that the site plan map
would take precedence over the surveyor's site map concerning the half-story addition over the
existing garage. Request for a Variance under Section 280-116B, based on the Building
Inspector's April 2, 2008 Notice of Disapproval concerning proposed additions and alterations
to the existing dwelling which will be less than 75 feet from the bulkhead, at 3400 Ole Jule
Lane at James Creek (dredged canal), Mattituck; CTM 1000-122-4-20.1.
BOARD RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by
Member Olive, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Member Dinizio was absent.
9:55 A.M. JOHN VAN GELDER - ZBA #6148. Proper-T-Permits by Jim Fitzgerald, as agent,
and Mr. and Mrs. Van Gelder were present and all spoke in behalf of this application for a
Variance under Section 280-124, based on the Building Inspector's January 16, 2008 Notice of
Disapproval concerning a proposed new dwelling, after demolition of the existing building,
with front yard setbacks at less than the code-required 35 feet. Location of Property: 10
Hickory Road and Chestnut Road, Southold; CTM 54-6-14. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Chairman 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 Dinizio was absent.
Page 3 - Minutes
Regular Meeting held April 24, 2008
Southold Town Zoning Board of Appeals
III. PUBLIC HEARINGS, continued: The following public hearings were held, with
Chairman Goehringer introducing each application, and Member reading of the Legal Notice
as published:
10:12 A.M. DONALD HOHN - ZBA#6149. Mr. Hohn appeared (with Mrs. Hohn) and offered
testimony in behalf of his application. Request for Variances under Sections 280-15 and 280-
124, based on the Building Inspector's March 17, 2008 amended Notice of Disapproval
concerning a proposed new dwelling and accessory shed structure for the fo]lowing: (a) the
new construction will exceed the code hmitation of 20% for lot coverage; (b) the new dwelling
is proposed at less than 35 feet from the front yard lot line; (c) the proposed shed will be in a
side yard rather than the code-required rear yard, at 945 East Gillette Drive, East Marion;
CTM 38-3-2. BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Weisman, to close the hearing, subject to submission of
applicant's comments and if possible an alternative site diagram, showing a movement of both
the house and shed 5 feet north, for 15 ft. minimum setback on the southerly side and 10 ft.
minimum for the shed on the northerly side. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Member Dinizio was absent.
11:05 A.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded
by Member Oliva, to take a short recess. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0). Member Dinizio was absent.
11:15 A.M. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer,
seconded by Member Oliva, to reconvene the meeting. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Member Dinizio was absent.
PUBLIC HEARINGS, CONTINUED:
11:15 A.M. JAMES MESKOURIS - ZBA #6142 by Christine Rivera, agent, offering testimony
in behalf of the applicant and in the absence of Attorney Pat Moore. Mrs. Rivera prepared a
model of the home and asked that it be returned after the process was completed, as agreed.
Request for a Variance under Section 280-124, based on the Building Inspector's March 25,
2008 amended Notice of Disapproval concerning proposed additions and alterations to the
existing single-family dwelling, which new construction will result in a lot coverage exceeding
the code limitation. Location of Property: 1350 Sound Beach Drive, Mattituck; CTM 106-1-
36.1 (formerly 36). BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Weisman, to close the hearing subject to receipt of lot
coverage information for existing under current code. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Member Dinizio was absent.
11:48 A.M. CJC1 CORP. - ZBA #6146 by Shawn Barron, SEC and Colin Ratze owner. Also
speaking was Michael Domino adjacent landowner with concerns about the surrounding
wet]ands and drainage areas, and with support of the variance application. Request for a
Variance under Section 280-50C, based on the Building Inspector's January 11, 2008 amended
Notice of Disapproval concerning a proposed business building (retail business and
contractor's yard) in this B-General Business Zone District, which building will have frontage
greater than 60 linear feet along the street. Location of Property: 74495 Route 25, Greenport;
CTM 1000-45-4-4.1. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by Chairman
Page 4 - Minutes
Regular Meeting held April 24, 2008
Southold Town Zoning Board of Appeals
Goehringer, seconded by Member Olive, to close the hearing, reserving decision. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0). Member Diuizio was absent.
III. PUBLIC HEARINGS, continued: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as published:
12:13 P.M. MICHAEL KENIN - ZBA #6153 by Shawn Barron, SEC. Request for a Variance
under Section 280-124, based on the Building Inspector's March 10, 2008 Notice of
Disapproval concerning proposed additions to the existing single-family dwelling at less than
the code-required 35 ft. minimum front yard setback, at 420 Lake View Drive, at Marion Lake,
East Marion; CTM 31-9-11. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Members Olive and Weisman, to close the hearing,
reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Member Dinizio was absent.
12:25 P.M. LIA POLITES and KEVIN FERRO ZBA #6129 by Francis J. Yakaboski, Esq., also
appearing in objection were Amiel Gross, attorney with Twomey Latham & Shea for Patrick
Higgins (and Jennifer Higgins, also speaking in opposition). Location of Property: 300 Jackson
Street, New Suffolk; CTM 117-10-2. The Applicants propose renovations/alterations,
additions, and expansion of the existing accessory cottage building and in this Appeal
requesting the following:
1) Reversal (under Section 280-122) of the Building Inspector's November 8, 2007
Notice of Disapproval which states that the accessory cottage use is nonconforming
and constitutes a second dwelling unit, citing Section 280-121A, which provision
states: Such nonconforming use of buildings ... may be continued indefinitely, except
that such building or use (A) shall not be enlarged, altered, extended, reconstructed or
restored or placed on a different portion of the lot or parcel of land occupied by such
use on the effective date of this chapter, nor shall any external evidence of such use be
increased by any means whatsoever, and Notice of Disapproval citing Section 100-3 lA,
which provision states: "In A-C, R80 Districts, no building or premises shall be used
and no building or part of a building shall be erected or altered which is arranged~
intended or designed to be used, in whole or in part, for any uses except the following:
A. Permitted uses. One-family detached dwellings, not to exceed one dwelling on each
lot"~
2) Interpretation to deal with this preexisting residential use in a residential zone,
applying Code Section 280-122, Nonconforming Buildings with Conforming Uses,
which states: A. Nothing in this article shall be deemed to prevent the remodeling,
reconstruction or enlargement of a nonconformin~ buildin~ containin~ a conformin~
use, provided that such action does not create any new nonconformance or increase the
de~ree of nonconformance with re~ard to the regulations pertainin~ to such buildings:
B. Reconstruction of a damaged building. (1) A nonconforming building containing a
conforming use which has been damaged by fire or other causes to the extent of more
than 50% of its fair value shall not be repaired or rebuilt unless such building is made
substantially to conform to the height and yard requirements of the Bulk Schedule, (2)
Application for a permit to build or restore the damaged portion of any building
damaged or destroyed as set forth in Subsection B(1) above shall be filed within one
year of the date of such damage and shall be accompanied by plans for reconstruction
which, as to such portion, shall comply with the requirements set forth above. If such
Page 5 Minutes
Regular Meeting held April 24, 2008
Southold Town Zoning Board of Appeals
permit is issued, it shall lapse one year thereafter unless reconstruction in accordance
with the approved plans has been initiated;
3) Alternatively, Variances based on the Building Inspector's November 8, 2007 Notice
of Disapproval under Section 280-121A and Section 100-31A, denied for the reasons
that the accessory cottage use is nonconforming and constitutes a second dwelling
unit and as such may not be enlarged, altered, extended, reconstructed or restored or
placed on a different portion of the lot...nor shall any external evidence of such use be
increased by any means whatsoever as a second dwelling unit.
BOARD RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Ohva, to recess the hearing without date, pending updates from one or
both attorneys, after they have had an opportunity to conference with their clients for
discussion about the project, and return with written replies to the Board regarding the
requested area variances pertaining to size or volume of the proposed additions to a
nonconforming building. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-
0). Member Dinizio was absent.
12:57 P.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded
by Member Weisman, to take a short recess. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Member Dinizio was absent.
1:17 P.M. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer,
seconded by Member Weisman, to reconvene the meeting. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Member Dimzio was absent.
III. PUBLIC HEARINGS, continued: The following public hearings were held, with
Chairman Goehringer introducing each application, and Member reading of the Legal Notice
as published:
1:17 P.M. KURT FREUDENBERG and JANET LATHAM - ZBA #6121 (PH held 2/28/08. Mr.
Fruedenberg appeared and spoke in behalf of his application (without the attorney of record).
It was also confirmed that the application was amended, withdrawing the request for a
swimming pool and requesting the only remaining variance for the shed. Location of Property:
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
Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent.
1:21 P.M. PAUL and MAUREEN CACIOPPO - ZBA #6127 by Rob Lehnert Architect,
Boulevard Planning, 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 Goehringer, seconded by Member Oliva, to close the hearing, reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member
Dinizio was absent.
Page 6 - Minutes
Regular Meeting held April 24, 2008
Southold Town Zoning Board of Appeals
RESOLUTIONS/UPDATED REVIEWS/OTHER (Agenda Items at V).
A. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer,
seconded by Member Weisman, to authorize advertising of hearings for the May
29, 2008 Regular Meeting, commencing at 9:30 A.M., to be held at the Southold
Town Hall, Main Road, Southold. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Member Dinizin was absent.
B. APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was offered by
Member Weisman, seconded by Chairman Goehringer, and duly carried, to accept
and authorize £iling of Minutes with the Town Clerk's Office, as prepared for ZBA
Meeting held March 27, 2008. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0). Member Dinizio was absent.
C. RESOLUTON ADOPTED: Motion was offered by Member Weisman, seconded by
Chairman Goehringer, to set the Special Meeting for 6:00 P.M. on Thursday, May
8, 2008 to be held at Town Hall Annex, Capital One (NFB) Building Main Road
and Youngs Avenue, 2"d Floor Executive Board Room, Southold. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent.
PUBLIC HEARINGS. CONTINUED (FROM Agenda Item III): The following pubhc hearings
were held, with Chairman Goehringer introducing each apphcatinn, and Member reading of
the Legal Notice as published:
1:35 P.M. GREG and KARMEN DADOURIAN - ZBA g 6131. This hearing is a caIwover from 2/28/08.
Speaking in opposition and with concerns were adjacent landowners and residents: Mrs. Demetriades and
Mrs. Madelyn Droedge (Mr. Demetriades was also present in opposition). The applicant's attorney Patricia
Moore was on vacation and unable to attend. 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 of a new dwelling at less than 40 feet from the code-required minimum front yard setback, and
for a swirmmng pool located in a side yard rather than the code required from yard or rear yard for this
waterfront parcel, 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 Goehringer, seconded by Member
Ohva, to close the hearing, without a scheduled date, pending receipt of an additional report
from Suffolk County Soil and Water regarding nurturing of the bluff and adjacent area to be
added to the official record, and a final hearing to be noticed in the future (with new mailings,
posting, and Legal Notice publication). Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0). Member Dinizin was absent.
There being no other business properly coming before the Board at this time,
Chairman Goehringer declared the meeting adjourned. The meeting adjourned at 2:05 P.M.
~/~ 2 / Respectf. ully submitted,
,/-/ f /'~ f"~/'/ /../"~- , RECEIVED
/G~rd P. Goe~inger, eha~n Approved for F~ng q ~ ~" / 2 ~,
esolution Accepting for Firing 5/8/2008
o d Town Cleri