HomeMy WebLinkAboutZBA-05/29/2008APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
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)
Southotd, NY 11971
MINUTES
REGULAR MEETING
THURSDAY, MAY 29, 2008
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, May 29, 2008 commencing at 9:30 A.M.
Present were:
Gerard P. Goehringer, Chairman/Member
Ruth D. Oliva, Member
James Dinizio, Member
Leslie Kanes Weisman, Member
Linda Kowalski, ZBA Confidential Secretary
Erika Nadeau, ZBA Court Reporter
Absent was: Michael A. Simon, Member
9:37A. 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
Weisman, to declare the following Declarations: Type II Actions, with no further steps
regarding requests setback or dimensional variances:
JERRY KALAS #6166
JOHN SCOURAKIS #6157
EVE SEBER and CARLO VOELKER #6156
JAMES YOUNG #6163
ROBERT SWING #6159
JOSEPH and CAROLYN FERRARA #6160
DANIEL and PASQUALINA BERKOWITZ #6165
MICHAEL JUDGE #6158
Page 2 - Minutes
Regular Meeting held May 29, 2008
Southold Town Zoning Board of Appeals
PATRICIA and THOMAS NADHERNY #6151
TERRANCE and SALLY McLAUGHLIN #6162
HENRY TRAENDLY and BARBARA A. CADWALLADER #6154
CARL JUUL-NIELSEN and PATRICIA CADAVID #6168
JAIME and NANCY SANTIAGO #6161
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member
Simon was absent.
II. RESOLUTONS/DELIBERATIONS/DECISIONS OR OTHER: The Board
deliberated on the following application, and the original decision as adopted (3-1-1)
authorized to be signed by the Chairman and fried with the Southold Town Clerk:
Denial with Grant of Alternative Relief:
DONALD HOHN - # 6149. 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 following: (a) the new construction will exceed the code limitation 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.
III. PUBLIC HEARINGS: The following public hearings were held, with Member
reading of the Legal Notice as published for each. (Please also see transcript of
statements (with written to be prepared for the record by Court Reporter Erika
Nadeau.)
9:40 A.M. JERRY KALAS #6166. Appearing was Jerry Kalas concerning his
request for a Variance under Sections 280-122 and 280-124, based on the
Building Inspector's April 10, 2008 Notice of Disapproval, concerning an as-
built addition with alterations to the existing single-family dwelling, which is
less than 35 feet from the front yard lot line, at 995 Glen Court, Cutchogue;
CTM 1000-83-1-10. 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 Simon was absent.
9:43 A.M. JOHN SCOURAKIS #6157. Appearing was John Scourkais
concerning his request for Variances under Sections 280-124 and 280-116,
based on the Building Inspector's March 17, 2008 Notice of Disapproval
concerning a proposed new single-family dwelling (with a new foundation after
demolition of the existing building), for the reasons that: (1) the setback from
the top of the bluff adjacent to the Long Island Sound will be less than 100
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Regular Meeting held May 29, 2008
Southold Town Zoning Board of Appeals
feet; (2) the minimum code standards under Sections 280-9 and 280-10 require
a minimum of 15 feet on a single side and minimum 35 feet combined side yard
setbacks; and (3) the lot coverage will exceed the code limitation of 20% with a
buildable lot size of 13,369 square feet. Location of Property: 955 Soundview
Avenue Extension, Southold; CTM 1000-50-2-10 and 11, combined together as
a single building lot. (Please see transcript of written statements prepared
under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Member Weisman, to adjourn the hearing
to July 24, 2008 at 2:30 p.m. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Member Simon was absent.
III. PUBLIC HEARINGS, continued: (Please see transcript of written statements
prepared under separate cover.) The following public hearings were held, with
Member reading of each Legal Notice as published for the hearing(s):
9:58 A.M. EVE SEBER and CARLO VOELKER #6156. Appearing was
William Gorman of New England Homes, for applicants' request for Variances
under Section 280-114, based on the Building Inspector's amended March 28,
2008 Notice of Disapproval, for the reason that the proposed second-story
addition and alterations to the existing single-family dwelling will not meet
the code-required minimum 15 feet on a single side yard and will exceed the
code limitation of 20 percent for lot coverage. Location of Property: 3025 Pine
Neck Road adiacent to Jockey Creek, Southold; CTM 1000-70-6-18. (Please see
transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Oliva, to adjourn the hearing to July 24,
2008 (2:00 p.m.), pending receipt of site map information to reflect the changes
offered by applicant and requested during the hearing by Board Members.
Vote of the Board: Ayes: A]l. This Resolution was duly adopted (4-0).
Member Simon was absent.
10:26 A.M. JAMES YOUNG #6163. Appearing was James Young in behalf of
his application and construction proposed at 35335 Route 25 (North Side),
Orient; CTM 1000-19-2-11 existing with 87,171.7 square feet, and CTM 9.1
existing with 49,231 square feet. This application is for Variances under
Sections 280-12, 280-14, 280-15, based on the Building Inspector's April 23,
2008 amended Notice of Disapproval concerning:
(1) a proposed lot line change between Lots 11 and 9.1 will result
in a reduced lot size for Lot 9.1 from 49,231 square feet to 31,802 square
feet, after deducting the square footage for the right-of-way easement,
instead of the code-required 40,000 square feet;
(2) additions and alterations are proposed for the existing barn
for the proposed conversion from an accessory building to a single-
family dwelling, which will result in a proposed front yard setback at
Page 4 - Minutes
Regular Meeting held May 29, 2008
Southold Town Zoning Board of Appeals
less than 50 feet (from the new division hne in this lot hne change), and
a single setback of less than 15 feet from the existing easterly side lot
line;
(3) the proposed in-ground swimming pool, deck and accessory
pool house (Lot #1) is proposed in a front yard, rather than the code-
required rear yard;
(4) the new accessory pool house building is not permitted as
proposed because it is deemed to be the same 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 Weisman, to close the hearing,
reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Member Simon was absent.
III. PUBLIC HEARINGS, continued: (Please see transcript of written statements
prepared under separate cover.) The following public hearings were held, with
Member reading of each Legal Notice as published for the hearing(s):
10:42 A.M. ROBERT SWING #6159. Appearing was Bruce Anderson,
President of Suffolk Environmental Consulting in behalf of the applicant.
Request for Variances under Section 280-124, based on the Building
Inspector's March 27, 2008 Notice of Disapproval concerning a proposed
(westerly) addition and alterations to an existing (nonconforming) dwelling
with a single side yard at less than 10 fe3et, total side yards at less than 25
feet, and lot coverage exceeding the code limitation of 20%, at 4295 Bay Shore
Road (land adiacent to Shelter Island Sound), Greenport; CTM 1000-53-6-24.
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 Simon was absent.
10:56 A.M. JOSEPH and CAROLYN FERRARA #6160 appearing was Ralph
Shank of ProCorm, with the applicant/owner, Joseph Ferrara. During the
hearing it was clear that there would be no night-time playing of tennis (and
therefore no lighting for tennis) in this request for a Variance under Section
280-105, based on the Building Inspector's April 8, 2008 Notice of Disapproval
concerning proposed tennis-court fencing which will exceed the code limitation
of four feet in height, when located in a front yard of a residential zone, at 2170
Maple Lane, Greenport; CTM 1000-38-8-1. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairman Goehringer, seconded by
Member Ohva, to close the hearing, reserving decision. Vote of the Board:
Page 5 - Minutes
Regular Meeting held May 29, 2008
Southold Town Zoning Board of Appeals
Ayes: All. This Resolution was duly adopted (4-0). Member Simon was
absent.
11:05 A.M. DANIEL and PASQUALINA BERKOWITZ #6165 by Rob
Herrmann, En-Consultants. Request for a Variance under Section 280-116B,
based on the Building Inspector's April 11, 2008 amended Notice of
Disapproval concerning a proposed swimming pool structure with patio at
grade and a proposed rear porch addition to the dwelling, both proposed at less
than 75 feet from the code-required minimum setback, measured to the
existing bulkhead. Location: 3683 Pine Neck Road at Jockey Creek, Southold;
CTM 1000-70-6-23. (Please see transcript of written statements prepared
under separate cover. BOARD RESOLUTION: ) 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 Simon was absent.
11:16 A.M. MICHAEL JUDGE #6158, by Charles R. Cuddy, Esq., with the
applicant, Michael Judge. Request for a Variance under Section 280-15, based
on the Building Inspector's April 7, 2008 Notice of Disapproval concerning an
accessory swimming pool and accessory (pool house) building, proposed in a
side yard rather than the code-permitted location in a front or rear yard, at
13007 Oregon Road, land adiacent to the Long Island Sound, Cutchogue; CTM
1000-83-2-11.14. 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, pending a letter explaining the drainage at the
site and related to the propopsed construction. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Member Simon was absent.
11:25 A.M. Chairman Goehringer opened the next hearing of file #6164
(Mattituck Park District), with a reading of the Legal Notice. During the
opening of the hearing and introduction, the Board of Appeals was signaled to
leave the room for the purpose of the Court holding two arraignments at this
time.
ADJOURNMENT RESOLUTION: Motion was offered by Chairman
Goehringer, seconded by Member Weisman to adjourn until 12:30 p.m. Vote of
the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Simon
was absent.
12:32 P.M. RECONVENE RESOLUTION: Motion was offered by Member Weisman,
seconded by Chairman Goehringer to reconvene the meeting. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Simon was absent.
Page 6 - Minutes
Regular Meeting held May 29, 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:
12:34 P.M. MATTITUCK PARK DISTRICT #6164 by Gail Wickham, Esq.
Request for a Variance under Section 280-15E, based on the Building
Inspector's April 4, 2008 Notice of Disapproval concerning accessory sports
lighting with poles exceeding the code height limitation of 18 feet (70 feet and
80 ft. high poles are proposed), at 350 Aldrich Lane, Mattituck (Aldrich Lane
Athletic Fields), Laurel; CTM 1000-125-1-2.6. 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 Simon
was absent.
IV. RESOLUTIONS/UPDATED REVIEWS/OTHER:
RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer,
seconded by Member Weisman, to authorize pubhcation of the Legal
Notice in the official newspaper of the Town (Suffolk Times) concerning
the new applications submitted in complete form for the June 26, 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 Simon was absent.
APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was
offered by Chairman Goehringer, seconded by Member Weisman, and duly
carried, to accept and authorize filing of Minutes with the Town Clerk's
Office, as prepared for ZBA Meeting held May 8, 2008. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Simon was
absent.
RESOLUTON ADOPTED: Motion was offered by Member Weisman,
seconded by Member Oliva, to set the Special Meeting for 6:00 P.M. on
Thursday, June 16, 2008 (revised from June 12, 2008 as agreed) to be held
at Town Hall Annex, Capital One (NFB) Building Main Road and Youngs
Avenue, 2nd Floor Executive Board Room, Southold. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Simon was
absent.
PUBLIC HEARINGS, continued (from III above): (Please see transcript of written
statements prepared under separate cover.) The following public hearings were held,
with Member reading of the Legal Notice as published for the hearing(s):
1:15 P.M. PAUL and CHERYL RAGUSA #6138. (Carryover from 3/27).
Appearing were Patricia Moore, Esq., Ural Talgat, Designer, Joseph Fischetti,
Page 7 - Minutes
Regular Meeting held May 29, 2008
Southold Town Zoning Board of Appeals
P.E., for applicants, also appearing were Chief Building Inspector Michael
Verity. In opposition were Mrs. Malady, Kenneth Butterfield in behalf of Ms.
Julie Carnavale. Request for Variances under Sections 280-15 and 280-116,
based on the Building Inspector's February 11, 2008 Notice of Disapproval
concerning a proposed accessory swimming pool and raised terrace structures
at less than 100 feet from the top of the bluff, and side yard location for the
swimming pool rather than a code-required yard, at 1600 Hyatt Road,
Southold; CTM 50-1-6. (Please see transcript of written statements prepared
under separate cover.) BOARD RESOLUTION: After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Ollva, to
close the hearing, subject to receiving additional items (offered by the
applicant's attorney as discussed during the hearing for drywell data, sanitary
system data if different by the applicant's surveyor, written reply to the Town's
LWRP finding of inconsistency from the applicant's attorney, etc.). Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0). Member Simon was
absent.
2:15 P.M. PATRICIA AND THOMAS NADHERNY #6151 by Patricia Moore,
Esq. and Thomas Nadherny concerning theft request for a Variance under
Section 280-122, based on ZBA #5039 Zoning Code Interpretation (Walz), and
under Section 280-114, based on the Building Inspector's March 21, 2008
Notice of Disapproval concerning a proposed alterations to existing foundation
without creating a new nonconformity, and for a second-stow addition over the
existing first floor of the single-family dwelling. The reason stated in
disapproving the building permit is that the new construction is not permitted
as an increase in the degree of existing easterly setback nonconformance which
exists at less than 15 feet, at 1025 Pine Neck Road, land adiacent to Jockey
Creek, Southold; CTM 70-5-34. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: 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 Simon was absent.
2:23 P.M. TERRANCE and SALLY McLAUGHLIN #6162 by Architect Tom
Samuels. Request for a Variance under Section 280-15, based on the Building
Inspector's April 18, 2008 Notice of Disapproval concerning additions and
alterations to a nonconforming accessory garage located in a front yard, rather
than the code-required rear yard, at 369 Old Salt Road and Bay Avenue) ,
Mattituck; CTM 144-5-9.1. BOARD RESOLUTION: (Please see transcript of
written statements prepared under separate cover.) After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Ohva, to
adjourn the hearing, until 3:30 p.m. in order to extend the time today for the
applicant's architect to contact the Building Inspector with the revisions on the
site plan for sanitary, recreation room, and the Building Inspector's decision,
before closing the hearing (or adjourning if an amended Notice of Disapproval
is issued). See hearing reconvened later today and closed during the afternoon
Page 8 - Minutes
Regular Meeting held May 29, 2008
Southold Town Zoning Board of Appeals
session. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Member Simon was absent.
III. PUBLIC HEARINGS, continued: The following public hearings were held,
with Member reading of the Legal Notice as published. Also please see transcript of
hearing to be prepared in writing by Court Reporter Erika Nadeau:
2:35 P.M. HENRY TRAENDLY and BARBARA A. CADWALLADER #6154.
Mr. Traendly, the applicant-owner appeared. Speaking with information
related to the prior uses of the property and in opposition was nearby resident
Joseph Townsend. The applicants are requesting Variances under Section
280-124, based on the Building Inspector's January 30, 2008 Notice of
Disapproval concerning a proposed single-family dwelling, after demolition of
an existing building, with a single side yard at less than the code required
minimum of 10 feet, less than the required combined side yards of 25 feet, and
less than 35 feet from the front yard lot line, at 13000 Main Road, East Marion
adjacent to Gardiners Bay; CTM 31-14-11. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairman Goehringer, seconded by
Member Oliva, to adjourn the hearing to 1:30 p.m. July 24, 2008, with
alternative written submission to be received 10 days prior to hearing. Vote of
the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Simon
was absent.
3:00 P.M. CARL JUUL-NIELSEN and PATRICIA CADAVID #6168 by Mark
Schwartz, Architect. Request for Variances under Sections 280-122 and 280-
124, based on the Building Inspector's May 5, 2008 Notice of Disapproval and
ZBA Interpretation #5039 (Walz) concerning proposed additions and
alterations to the existing single-family dwelling. The reasons for
disapproving the applicant's request for a building permit are that the new
construction will constitute an increase in the degree of nonconformance when
proposed with a minimum single side yard setback at less than 15 feet, and
with total side yards at less than 35 feet. Location of Property: 1125 West
Cove Road, Cutchogue; CTM 111-3-14. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: 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 Simon was
absent.
3:06 P.M. JAIME and NANCY SANTIAGO #6161 by Patricia Moore,
Esq. and with J. Zizzi. Builder concerning applicants' request for a
Variance under Section 280-15, based on the Building Inspector's
September 6, 2007 Notice of Disapproval concerning a proposed
swimming pool in a side yard rather than the code-required rear yard or
code-permitted front yard on this lot fronting along Little Peconic Bay,
Page 9 - Minutes
Regular Meeting held May 29, 2008
Southold Town Zoning Board of Appeals
at 3745 Nassau Point Road, Cutchogue; CTM 111-9-4.1. Please see
transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered
by Chairman Goehringer, seconded by Member Weisman, to close the
hearing, reserving decision, pending receipt of a reply to the ZBA
coordination memo (sent to the Suffolk County Soil and Water
Conservation District) and with its referral, when received, to Patricia
Moore, Esq. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Member Simon was absent.
3:30 P.M. HEARING #6162 RECONVENED in the Matter of the
Application of TERRANCE and SALLY McLAUGHLIN. Appearing was
Tom Samuels, Architect submitting a letter from the Building Inspector
which indicates an amended Notice of Disapproval was not necessary
for the new sanitary system required by the Suffolk County Health
Department and identifying a room as a recreation room. (Please see
transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered
by Chairman Goehringer, seconded by Member Weisman to close the
hearing, reserving decision until the next meeting. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Simon was
absent.
Chairman Goehringer explained his request and apologized for not mentioning
earlier regarding a change of the next Special Meeting date (confirmed for June 16,
2008).
There being no other business properly coming before the Board at this time,
Chairman Goehringer declared the meeting adjourned. The meeting was adjourned
at 3:40 P.M.
~ 2 /"--~ j Respectfully submitted,
/ Linda Kowalski 6/9/2008
C.j~rd P. Goehringe~, C'~ai/rm~an 6/,~a//-'~ 2008
,//~pproved for Filing
Resolution Accepting for Filing 6/16/2008
RECEIVED
South ld Town