HomeMy WebLinkAboutZBA-12/16/2004Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
EO. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, DECEMBER 16, 2004
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, December 16, 2004 commencing at 9:30 A.M.
Present were:
Vincent Orlando, Acting Chairman
Gerard P. Goehringer, Member
James Dinizio, Member
Lydia A. Tortora, Member (arrived: 11:12 a.m. to end)
Linda Kowalski, ZBA Confidential Secretary
Absent was: Ruth D. Oliva, Chairwoman
9:33 A.M. Acting Chairman Orlando called the meeting to order.
The Board proceeded with the first item on the Agenda as follows:
STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD
RESOLUTION: Motion was made by Chairman Orlando, seconded by Member Goehringer,
and duly carried, to declare the following Declarations: Type II Actions with no further steps
regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast
requests:
ELLEN SCHULTHEIS #5621
MORTIMER KELLY #5630
JAMES PAPPAS #5634
ALEX KOUTSOUBIS #5629
NANCY LOUIS CARROLL #5627
PETER W. GAILLARD #5631
CHARLOTTE DICKERSON #56'i6
GRACE KEHLE #5624
MARKO ANTICEV #5633
NICK and OLGA DIAKUN #5635
JOHN and JOANNE GOUVEIA #5615
ELIZABETH PEYTON and ANTHONY JUST #5632
PETER and MARY JACOBS #5604
Page 2 - Minutes
Regular Meeting held December 16, 2004
Southold Town Zoning Board of Appeals
C.D. REITER'S #5626 (Old Barge Restaurant)
FITF, LLC #5617
ORIENT FIRE DISTRICT #5408
Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Chairwoman Oliva
and Member Tortora were absent.
II. PUBLIC HEARINGS: The follo~ving public hearings were held, with Acting Chairman
Orlando introducing each application:
9:33 AM ELLEN SCHULTHEIS #5621. (PH carryover from 11/18). P. Moore, Esq.
Request for Variances under Sections 100-242A and 100-244, based on the Building
Inspector's December 3, 2003 Notice of Disapproval, amended September 21, 2004
concerning proposed additions with alterations which will constitute an increase in the
degree of nonconformance, with setbacks at less than 35 feet from the rear lot line, less
than 10 feet on a single side yard, and lot coverage exceeding the code limitation of 20
percent, at 920 Medey Avenue, Mattituck; CTM Parcel 113-11-4.1. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Member Orlando, seconded by
Member Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes:
All. This Resolution was duly adopted (3-0). Chairwoman Oliva and Member Tortora were
absent.
9:43 AM MORTIMER KELLY #5630. Request for a Variance under Sections 100-242A
and 100-244, based on the Building Department's August 16, 2004 Notice of Disapproval,
for the reasons that the proposed additions with alterations will be less than 10 feet on a
single side and less than 25 feet for both side yards, at (1195 (1145) Goose Creek Lane,
Southold; CTM 78-8-8. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, motion was offered
by Member Orlando, seconded by Member Goehringer, to close the hearing, reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0).
Chairwoman Oliva and Member Tortora were absent.
9:48 AM JAMES PAPPAS #5634. Request for a Variance under Section 100-244B,
based on the Building Department's September 13, 2004 Notice of Disapproval concerning
a lot coverage exceeding the code limitation of 20 percent for new swimming pool
construction, at 650 Tasker Lane, Greenport; CTM 33-4-40. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Member Orlando, seconded by Member
Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This
Resolution was duly adopted (3-0). Chairwoman Oliva and Member Tortora were absent.
9:51 AM ALEX KOUTSOUBIS #5629. J. Fitzgerald, Proper-T-Permits. Request for a
Variance under Section 100-239.4A, based on the Building Department's August 16, 2004
Notice of Disapproval concerning swimming pool construction at less than the code
required minimum 100 feet from the top of the bluff or bank adjacent to the Long Island
Sound, at 1610 The Strand, Greenport; CTM 30-2-64. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Member Orlando, seconded by Member Goehringer, to
close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was
duly adopted (3-0). Chairwoman Oliva and Member Tortora were absent.
Page 3 - Minutes
Regular Meeting held December 16, 2004
Sonthold Town Zoning Board of Appeals
II. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is
requested and appreciated. All testimony shall be limited to zoning issues properly before the
Board.
10:00 AM NANCY LOUISE CARROLL #5627. P. Moore, Esq. Request for a Variance
under Section 100-244, based on the Building Department's July 22, 2004 Notice of
Disapproval concerning proposed additions with alterations which will be less than the
code-required 35 feet from the front yard line, less than 15 feet on a single side yard, and
exceeding 20 percent lot coverage, at 350 West Lake Drive, Southold; CTM 90-1-21.
BOARD RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) After receiving testimony, motion was offered by Member Orlando,
seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the
Board: Ayes: All. This Resolution was duly adopted (3-0). Chairwoman Oliva and
Member Tortora were absent.
10:11 AM PETER W. GAILLARD #5631. Request for a Variance under Section 100-244,
based on the Building Department's December 24, 2003 Notice of Disapproval concerning
as "as built" deck addition at less than the code required minimum 35 ft. from the front yard
line, at Mansion House Drive, Fishers Island; CTM 6-5-8. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Member Goehringer, seconded by Member
Orlando, to adjourn the hearing to December 29, 2004 at 6:00 p.m. Vote of the Board:
Ayes: All. This Resolution was duly adopted (3-0). Chairwoman Oliva and Member
Tortora were absent.
10:14 AM CHARLOTTE DICKERSON #5616. Request for a Variance under Section 100-
239.4, for relief from the conditions of previous Appeal No. 5256 and based on the Building
Department's August 12, 2004 Notice of Disapproval, amended November 22, 2004,
concerning the as-built location of a foundation for a new single-family dwelling at less than
100 feet from the top of the L.I. Sound bluff). Location of Property: 4630 Blue Horizon
Bluffs, Peconic; CTM Parcel 74-1-35.51. BOARD RESOLUTION: (Please see transcript
of written statements prepared under separate cover.) After receiving testimony, motion
was offered by Member Orlando, seconded by Member Goehringer, to close the hearing,
reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0).
Chairwoman Oliva and Member Tortora were absent.
10:18 AM GRACE KEHLE #5624 by Cathy Mesiano. Request for a Variance under
Section 100-244, based on the Building Department's May 25, 2004 Notice of Disapproval,
amended August 4, 2004, concerning a proposed conversion of an accessory building
located at less than 40 feet from the front property line, for single-family dwelling use.
Location: 630 Strohson Road, Cutchogue; CTM 103-10-12. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Member Orlando, seconded by Member
Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This
Resolution was duly adopted (3-0). Chairwoman Oliva and Member Tortora were absent.
10:27 AM MARKO ANTICEV. Joe McCarthy for the applicant; Frank Kruzeski, opposed.
Request for a Variance under Section 100-32, based on the Building Department's August
25, 2004 Notice of Disapproval, amended November 4, 2004, for a proposed parcel with a
land area of less than 80,000 sq. ft. in this R-80 Residential Zone District. Location of
Property: 2005 Old North Road, Southold; CTM 54-3-part or 26.4 (also shown as part of
Page 4 - Minutes
Regular Meeting held December 16, 2004
Southold Town Zoning Board of Appeals
Lot 2, Map of Lighthouse Associates/Minor Subdivision). BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Member Orlando, seconded by Member Goehringer, to
adjourn the hearing to January 20, 2005 at 11:00 a.m. Vote of the Board: Ayes: All. This
Resolution was duly adopted (3-0). Chairwoman Oliva and Member Tortora were absent.
10:55 a.m. 15 minute break. Meeting reconvened at 11:10 A.M.
11:12 A.M. Member Tortora arrived.
II. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is
requested and appreciated. All testimony shall be limited to zoning issues properly before the
Board.
11:10 AM NICK AND OLGA DIAKUN. Joe Tremanoli. Request for a Lot Waiver under
Section 100-26 concerning Lot 2 containing 20,750+ sq. ft. as shown on the Map of Sunset
Knolls, Section 2. Based on the Building Department's October 20, 2004 Notice of
Disapproval, and Section 100-25, the properties have been merged due to common
ownership with the first lot at any time after July 1, 1983, until the total lot size conforms to
the bulk schedule requirements. Combined the lands total 45,132 sq. ft. Location of
Property: 1180 (and 1060) Stanley Road, Mattituck; Sunset Knolls Subdivision, Section 2,
Lots 1 and 2. Zone District: R-40 Residential. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony,
motion was offered by Member Orlando, seconded by Member Goehringer, to close the
hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Chairwoman Oliva was absent.
11:17 AM JOHN and JOANNE GOUVEIA #5615, Cathy Mesiano, Agent. Request for
Variances from Sections 100-239.4, 100-242A and 100-244B, based on the May 26, 2004
Notice of Disapproval, amended November 22, 2004. The reasons stated for the denial of
the building permit application is that the additions will have setbacks at less than 10 feet
on a single side, less than 25 feet for total side yards, less than 100 feet from the bank or
bluff adjacent to the Long Island Sound, and the lot coverage will exceed the code
limitation of 20 percent. Location: 55405 CR 48, Southold; CTM Parcel 44-1-11. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Member Orlando, seconded by
Member Goehringer, to adjourn the hearing to 1:15 p.m. today, for review by Building
Department of lot coverage percentage. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Chairwoman Oliva was absent.
11:25 AM ELIZABETH PEYTON and ANTHONY JUST #5632 by Charles Cuddy Esq..
Request for a Variance under Section 100-33, based on the Building Department's
September 10, 2004 Notice of Disapproval, to locate a proposed swimming (lap) pool in an
area other than a rear yard, at 195 Village Lane, Orient; CTM 18-5-8. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Member Orlando, seconded by
Member Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes:
All. This Resolution was duly adopted (4-0). Member Oliva was absent.
11:36 AM RESOLUTION (LUNCH): Motion was offered by Member Orlando, seconded
by Member Goehringer, to recess for lunch. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Chairwoman Oliva was absent.
Page 5 - Minutes
Regular Meeting held December 16, 2004
Southold Town Zoning Board of Appeals
1:10 PM RESOLUTION (RECONVENE): Motion was offered by Member Orlando,
seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes:
All. This Resolution was duly adopted (4-0). Chairwoman Oliva was absent.
II. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is
requested and appreciated. All testimony shall be limited to zoning issues properly before the
Board.
1:10 PM PETER and MARY JACOBS #5604. (No appearance in behalf of applicant.)
Request for a Variance under Section 100-244, based on the Building Inspector's August
30, 2004 Notice of Disapproval, amended November 5, 2004, concerning a new dwelling
which will be less than 35 feet from the rear yard line and exceeds the 20% code limitation
of lot coverage, at 940 Gillette Drive, East Marion; CTM 38-2-10. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Member Orlando, seconded by Member
Goehringer, to close the hearing. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Chairwoman Oliva was absent.
BOARD ACTION WAS ADOPTED:
#5604. DENIED WITH APPROVAL OF ALTERNATIVE PLAN: RESOLUTION ADOPTED SEE
ORIGINAL DETERMINATION filed with the Town Clerk as per New York Town Law and
incorporated herein as though fully written.
II. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is
requested and appreciated. All testimony shall be limited to zoning issues properly before the
Board.
1:12 PM C.D. REITER'S #5626 (Old Barge Restaurant). Stephen Angel, Esq. Request for
a Special Exception under Article XII, Section 100-121B(1), concerning construction of a
proposed second-story addition, or upper level (mezzanine), to an existing restaurant
located in the Marine II Zone District. Also requested is a Variance under Sections 100-
242A, 100-22 Bulk Schedule, based on the Building Department's Au§ust 6, 2004 Notice of
Disapproval concerning a setback at less than 25 feet from the rear lot line. Location of
Property: 750 Old Main Road, N.Y.S. Route 25, Southold; CTM 56-6-8.7. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Member Orlando, seconded by
Member Goehringer, to adjourn the hearing to January 20, 2005, for mailings to be
completed by the applicant. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Chairwoman Oliva was absent.
1:38 PM FITF, LLC #5617. Request for a Variance under Section 100-122 based on the
Building Inspector's January 12, 2004 Notice of Disapproval, amended September 21,
2004, for a proposed parcel with less than 80,000 square feet in a proposed subdivision
(2.2), situated in a Marine II Zone. The remaining land (2.1) is situated in an R-80
Residential Zone. Location of Property: West Side of Reservoir Road near Silver Eel
Cove), Fishers Island; CTM 1000-9-8-2, of 3.30 acres. BOARD RESOLUTION: Motion
was offered by Member Goehringer, seconded by Member Orlando to open the hearing
and adjourn to JANUARY 20, 2005, per request by Steve Ham, Esq. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Chairwoman Oliva was absent.
1:38 PM RECONVENED - JOHN and JOANNE GOUVEIA #5615, Cathy Mesiano, Agent.
Request for Variances from Sections 100-239.4, 100-242A and 100-244B, based on the
Page 6 - Minutes
Regular Meeting held December 16, 2004
Southold Town Zoning Board of Appeals
May 26, 2004 Notice of Disapproval, amended November 22, 2004. The reasons stated
for the denial of the building permit application is that the additions will have setbacks at
less than 10 feet on a single side, less than 25 feet for total side yards, less than 100 feet
from the bank or bluff adjacent to the Long Island Sound, and the lot coverage will exceed
the code limitation of 20 percent. Location: 55405 CR 48, Southold; CTM Parcel 44-1-11.
BOARD RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) After receiving testimony, motion was offered by Member Goehringer,
seconded by Member Tortora, to close the hearing, reserving decision. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Chairwoman Oliva was absent.
1:48 PM ORIENT FIRE DISTRICT #5408. Proposed telecommunications tower, replacing
the existing tower, at 23300 Main Road, Orient; CTM 18-5-13.8. BOARD RESOLUTION:
Motion was offered by Member Orlando, seconded by Member Goehringer, to adjourn to
January 20, 2005 1:15 p.m. based on request of Edward Boyd V and Edward Reale,
Attorneys. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Chairwoman Oliva was absent.
DELIBERATIONS/DECISION:
DENIED - # 5612 - Application by Kristopher Pilles. RESOLUTION ADOPTED SEE ORIGINAL
DETERMINATION filed with the Town Clerk as per New York Town Law and incorporated herein
as though fully written.
OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Resolution adopted: Motion was made by Member Goehringer, seconded by Chairman
Orlando, and duly carried, to change the January 6, 2005 Special Meeting to 6 PM, Thursday
December 29, 2004. (Agenda items include but not limited to work session; continued work
reviews of new files for future calendars; resolutions/findings/decisions on carryovers.)
B. New business (none at this time).
C. Resolution adopted: Motion was made by Member Goehringer, seconded by Chairman
Orlando, and duly carried, to authorize advertising of complete applications for hearings to be held
at the Regular Meeting of Thursday, January 20, 2005.
There being no other business properly coming before the Board at this time, Acting
Chairman Orlando declared the meeting adjourned. The meeting was adjourned at 2:20 P.M.
Ruth D. Oliva, Chairwoman 12/31/2004
Approved for Filing
ectfu!i,y submitted,
l~,inda t~owalsk~ 12/31/2004
RECEIVED
OCT ? 2008
$outhold Town Clerk