HomeMy WebLinkAboutZBA-06/26/2008APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simou
Leslie Kanes Weisman
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Mailine Address:
Southold Town Hall
53095 Main Road • P.O. Box 1179
Southold, NY 1 197 1-0959
Office Location:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown. northfork. net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 • Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, JUNE 26, 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, June 26, 2008 commencing at 9:36 A.M.
Present were:
Gerard P. Goehringer, Chairman/Member
Ruth D. Oliva, Member
James Dinizio, Member (left 12:08 p.m. returned 1:20 p.m.)
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Kieran Corcoran, Assistant Town Attorney (9:45 a.m. - 3:05 p.m.)
Linda Kowalski, ZBA Confidential Secretary
Erika Nadeau, ZBA Court Reporter
9:38 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 (SEQRAI:
BOARD RESOLUTION: Motion was made by Member Weisman, seconded by
Member Oliva, to declare the following Declarations: Tvpe II Actions with no further
steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed
and breakfast requests:
MAUREEN HIGGINS #6172
MICHAEL and CAROL ANN SENDLEWSKI #6169
THOMAS and WENDY CARLEY #6171
THOMAS and KATHLEEN DESPAGNI #6174
JOSEPH AND CATHLEEN SHIPMAN # 6173
RICHARD and BETSY PERKINS #6177
SOUTHOLD PROPERTIES LLC/PRINCIPI PROPERTIES #6150
Page 2 -Minutes
Regular Meeting held June 26, 2008
Southold Town Zoning Board of Appeals
END OF THE ROAD, LLC #6013-B
WILLIAM and JOANNE TURNBULL #6152
MICHAEL and SUSAN JEFFRIES #6167
CLAIRE and ROB RICCIO #6140
JOSEPH ZITO #6175
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
II. DELIBERATIONS: The Chairman tabled deliberations until the afternoon
session when time permits for the application of PATRICIA AND THOMAS
NADHERNY #6151.
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. MAUREEN HIGGINS #6172 (Robert Bassolino, Architect). Request for a
Variance under Sections 280-122 and 280-124, based on the Building Inspector's May
12, 2008 Notice of Disapproval and ZBA Zoning Code Interpretation #5039 (Walz),
concerning revocation of BP #30548-Z and an application for a building permit to alter
the existing single-family dwelling and to convert the carport into living space, for the
reason that the construction will constitute an increase in the degree of front yard
setback nonconformance, at 1500 Bay Shore Road, Greenport; CTM 53-4-32.1.
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 (5-0).
9:47 A.M. MICHAEL and CAROL ANN SENDLEWSKI #6169 (Martin Sendlewski,
Architect). Request for a Variance under Section 280-122, based on the Building
Inspector's March 17, 2008 Notice of Disapproval and ZBA Zoning Code
Interpretation #5039, for the reason that the proposed additions and alterations will
place the existing accessory building in a side yard with more nonconformity (instead
of the code-required rear yard). Location of Property: 270 Pequash Avenue,
Cutchogue; CTM 102-3-5.1.
10:15 A.M. ADJOURNMENT RESOLUTION: Motion was offered by Chairman
Goehringer, seconded by Member Oliva to adjourn, until after the Justice Court
completes a Court Arraignment session. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
10:54 A.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 (5-0).
Page 3 -Minutes
Regular Meeting held June 26, 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:
10:54 A.M. MICHAEL and CAROL ANN SENDLEWSKI #6169 (Martin Sendlewski,
Architect). Continued. 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
(5-0).
10:58 A.M. MARITIME DAY SCHOOL #6170 by A. Pasca, Esq., Britta Doming and
Amy Burns and C. Cuddy, Esq. Request for a Special Exception under Section 280-
13-B(4) to establish a Nursery School at the existing (health club and office building,
at 780 Depot Lane (and Main Road), Cutchogue; CTM 102-2-12.6. Zone District:
Residential-Office. 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
(5-0).
11:08 A.M. THOMAS and WENDY CARLEY #6171 by Robert Bassolino, Architect.
Request for a Variance under Section 280-124, based on the Building Inspector's
March 17, 2008 Notice of Disapproval concerning a proposed porch addition to the
existing dwelling, which will be set back less than 40 feet from the front property line
adjacent to the street, at 350 Wampum way, Southold; CTM 57-2-29. 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 (5-0).
11:11 A.M. THOMAS and KATHLEEN DESPAGNI #6174. Request for a Variance
under Section 280-124, based on the Building Inspector's April 24, 2008 Notice of
Disapproval concerning proposed additions to the existing single-family dwelling,
which new construction will be less than 40 feet from the front lot line adjacent to the
street, at: 805 Little Peconic Bay Road, Cutchogue (a/ka Lot 401 Nassau Point Club
Properties Map of Section D filed 1926); CTM 111-11-23. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairman Goehringer, seconded by
Member Simon, to close the hearing, reserving decision. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
Page 4 -Minutes
Regular Meeting held June 26, 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:
11:18 A.M. JOSEPH AND CATHLEEN SHIPMAN # 6173. Joseph and Cathleen
Shipman present and Sean M. Walter, Esq. for William Burns, in opposition.
Requests for Variances under Section 280-13A(2-c), based on the Building Inspector's
February 26, 2008 Notice of Disapproval concerning an application for a building
permit to construct an agricultural storage building on an existing tree farm. The
reasons stated for disapproving the application are: (1) the front yard setback is less
than the code-required minimum of 50 feet, and (2) the side yard setback is less than
the code required minimum of 20 feet. Location of Property: 20655 Route 25,
Mattituck; CTM 108-3-5.5 (a/k/a Greenbriar Acres Subdivision Lot #1 filed 10/7/1977).
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 adjourn to July 24, 2008 for Building
Inspector participation. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
12:10 P.M. RICHARD and BETSY PERKINS #6177by P. Moore, Esq. Requests for
Variances under Section 280-15, based on the Building Inspector's amended May 1,
2008 Notice of Disapproval concerning a proposed accessory garage which will: (1)
exceed the code limitation of 22 feet in height maximum, and (2) exceed the code
limitation of 750 square feet maximum on a lot measuring 42,750 square feet in size.
Location: 305 Ole Jule Lane, Mattituck; CTM 114-12-14.2. 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, reserving decision. Vote of the Board: Ayes:
All. This Resolution was duly adopted (4-0). (Member Dinizio was absent.)
12:25 P.M. RESOLUTION (BREAK till 1 PM) Motion was offered by Member Oliva,
seconded by Chairman Goehringer, to recess for lunch. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Member Dinizio was absent.
1:03 P.M. RESOLUTION (RECONVENE): Motion was offered by Member Oliva,
seconded by Chairman Goehringer, to reconvene the meeting. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent.
Page 5 -Minutes
Regular Meeting held June 26, 2008
Southold Town Zoning Board of Appeals
PUBLIC HEARINGS, continued: The following public hearings were held, with
Chairman Goehringer introducing each application, and Member reading of the Legal
Notice as published:
1:03 P.M. SOUTHOLD PROPERTIES LLC/PRINCIPI PROPERTIES #6150 by Gail
Wickham, Esq., Rick Principi and M. Verity, Building Inspector. Requests for
Variances under Sections 280-56 and 280-116B, based on the applicant's request for a
building permit and the Building Inspector's amended March 25, 2008 Notice of
Disapproval concerning as-built construction set back less than 25 feet from the
westerly side lot line and proposed deck construction at less than 75 feet from the
bulkhead adjacent to tidal water, at 64300 Route 25 (a/k/a Main Road, formerly Mill
Creek Inn), Greenport; CTM 56-7-2. District: M-II Marine Zone. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Simon, to close the hearing, pending receipt of additional items
from G. Wickham, Esq. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
2:00 P.M. RESOLUTION (BREAK): Motion was offered by Member Weisman,
seconded by Member Oliva, to take a short recess. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
2:03 P.M. RESOLUTION (RECONVENE): Motion was offered by Member Oliva,
seconded by Chairman Goehringer, to reconvene the meeting. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
2:03 P.M. END OF THE ROAD, LLC #6013 as amended by Daniel C. Mooney Esq.
Request for Variances under Sections 280-49, 280-50 (A and C), and 280-78B-I, based
on the Building Inspector's amended May 2, 2005 Notice of Disapproval concerning
proposed construction of two buildings, with retail, office and bank space in the B-
General Business Zone District. The reasons for disapproving the building permit
application are: (1) a building is proposed with a single side yard of less than 25 feet
and set back at less than 75 feet from the right-of-way; (2) a building is proposed at
less than 75 feet from the right-of-way and will be greater than the code limitation of
60 linear feet in width; (3) the accessory parking area is located in an R-40
Residential Zone District, which the code states is permitted upon approval of the
Board of Appeals under Section 280-78-B-I. The new construction is proposed after
demolishing the existing buildings. Location of Property: 11500/11600/11700 Main
Road/Route 25 (formerly Law Offices and Mattituck Beverage) and a private road
known as John's Road, Mattituck; CTM 122-3-17.1 (formerly 1.2, 2, 5.1 and 17).
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, pending receipt of SEQR
determination. Vote Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 6 -Minutes
Regular Meeting held June 26, 2005
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:
2:25 P.M. WILLIAM and JOANNE TURNBULL #6152 by Robert Herrmann, En-
Consultants. Requests for Variances under Sections 280-15F, 280-116, 280-124,
based on the Building Inspector's amended May 6, 2008 Notice of Disapproval for a
proposed new dwelling, swimming pool and shed construction proposed at: (1) less
than 100 feet from the top of the bluff adjacent to the L.I. Sound; (2) less than the
code-required minimum 15 ft. side yard (new dwelling); (3) side yard location and
setback at less than 40 feet from the front yard lot line (swimming pool and shed); and
(4) lot coverage in excess of the code limitation of 20% (all construction). Location:
54005 North Road, Southold; CTM 52-1-10 and 1 (combined as one). 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 adjourn the hearing to 8/21/08 for Alternate Plan, Aerial and
LWRP reply/summary. Vote Board: Ayes: All. This Resolution was duly adopted (5-0).
3:02 P.M. RESOLUTION (BREAD: 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 (5-0).
3:07 P.M. RESOLUTION (RECONVENE): 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 (5-0).
3:07 P.M. MICHAEL and SUSAN JEFFRIES #6167 by P. Moore, Esq., and Clancy
Hammond, Designer. Request for a Variance under Section 280-116A(1), based on
applicant's filing of a building permit application and the Building Inspector's April
30, 2008 Notice of Disapproval concerning a proposed accessory in-ground swimming
pool and retaining wall at less than 100 feet from the top of the bluff adjacent to Block
Island Sound, near the Easterly End of East End Road at Fishers Island; CTM 1-2-11.
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 adjourn the hearing to 8/21/08 for answer
to LWRP Coordinator question with regard to top of the bluff line and LWRP permits.
Vote Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 7 -Minutes
Regular Meeting held June 26, 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:
3:22 P.M. CLAIRE and ROB RICCIO #6140 by P. Moore, Esq. Requests for Variances
under Sections 280-15 and 280-116B, based on the Building Inspector's amended
February 6, 2008 Notice of Disapproval concerning proposed new construction. The
reasons stated in the disapproval of the building permit application are: (1) the
proposed new dwelling construction will be less than 75 feet from the bulkhead, (2)
the proposed swimming pool will be in a side yard instead of acode-required rear
yard; and (3) in addition, the applicants request a Variance under New York Town
Law, Section 280-a to determine the need for base improvements and clearance
within the right-of-way easement giving access to this property from Indian Neck
Lane. Location of Property: Private Right-of-Way extending from the Southerly Side
of Indian Neck Road (House #6512), Peconic; CTM 98-6-1. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairman Goehringer, seconded by
Member Weisman, to close the hearing, pending receipt of letter from P. Moore, Esq.
Vote Board: Ayes: All. This Resolution was duly adopted (5-0).
4:45 P.M. JOSEPH ZITO #6175 by Richard Feehan, Builder. Request for a Variance
under Sections 280-122A and 280-124 (formerly 100-244), based on the Building
Inspector's April 8, 2008 Notice of Disapproval, and ZBA Code Interpretation #5039
(Walz), the applicant proposes to build asecond-story addition to the existing single-
family dwelling, which new construction will be set back less than 35 feet from the
front lot line, at 3600 Deep Hole Drive, Mattituck; CTM 115-17-8. 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, pending receipt of letter from
engineer. Vote Board: Ayes: All. This Resolution was duly adopted (5-0).
IV. DELIBERATIONS: (from II above). The Board Members commenced
deliberations on the following application, which was then tabled for the purpose of
writing an alternative second draft with possible conditions. PATRICIA and
THOMAS NADHERNY #6151.
V. RESOLUTIONS/iJPDATED REVIEWS/OTHER:
A. RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded
by Chairman Goehringer to authorize advertising of hearings for Regular
Meeting to be held Thursday July 24, 2008 9:30 AM, Town Hall, Main
Road, Southold. Carryovers also to July 24~h Agenda will be: Dadourian,
Seber, Traendly, Scourakis. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
Page 8 -Minutes
Regular Meeting held June 26, 2008
Southold Town Zoning Board of Appeals
B. APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was offered
by Member Weisman, seconded by Member Oliva, and duly carried, to
accept and authorize filing of Minutes with the Town Clerk's Office, as
prepared for ZBA Meeting held May 29, 2008. Vote of the Board: Ayes:
All.
C. RESOLUTON ADOPTED: Motion was offered by Member Oliva, seconded
by Member Weisman, to set Special Meeting for Thursday, July 17th, 2008
at 6:00 PM to be held at Town Hall Annex, NFB Building Main Road and
Youngs Avenue, 2nd Floor Executive Board Room, Southold. The July 10tH
Special Meeting was canceled. (Carryover Agenda Items for deliberations
to July 17tH Meeting from May 29 Agenda also to be included.) Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
D. Other items continued from above Agenda, or other file updates (t/b/d):
VI. EXECUTIVE SESSION: None.
~~*
There being no other business properly coming before the Board at this time,
Chairman Goehringer declared the meeting adjourned. The meeting was adjourned
at 5:00 P.M.
Respectfully submitted,
`~.I"nda~o~~7187Z008
fly and P. Goehringer, C
tlpproved for Filing
Resolution Accepting for
7//7 /2008
Filing 7/17/2008
EIVED `~
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Southold Towa Clerl