HomeMy WebLinkAboutZBA-02/20/2003APPEALS BOARD MEMBERS
Lydia A. Tortora, Chairwoman
Gerard P. Goehringer
George Horning
Ruth D. Oliva
Vincent Orlando
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
http://southoldtown.northfork.net
MINUTES
REGULAR MEETING
THURSDAY, FEBRUARY 20, 2003
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 20, 2003 commencing at 9:30 A.M.
Present were:
Lydia A. Tortora, Chairwoman
Gerard P. Goehringer, Member (9:30 a.m. - 3:40 p.m.)
Ruth D. Oliva, Member
George Horning, Member (9:30 a.m.-3:25 p.m.)
Linda Kowaiski, ZBA Confidential Secretary
Absent was: Vincent Orlando, Member
9:40 A.M. Chairwoman Tortora called the meeting to order.
The Board proceeded with the first item on the Agenda as follows:
STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEORA[: BOARD
RESOLUTION: Motion was made by Chairwoman Tortora, seconded by Member
Goehringer, to declare the following Declarations: Type II Actions with no further steps
regarding requests setback, dimensional, lot waiver, accessory apartment, bed and
breakfast requests:
ZBA No. 5243 - RORY AND JENNIE FORRESTAL.
ZBA No. 5192 - DAVID BELL and RICHARD BURKHARDT.
ZBA No. 5271- A. and B. DWORKOWITZ.
ZBA No. 5269 - JOSEPH BASANI.
ZBA No. 5270 - PAUL DAVIS.
ZBA No. 5273 - AMELIA. MENDOZA.
ZBA No. 5275 - N. IANNONE and H. MARSHUT, LIFE TENANTS.
ZBA No. 5268 - GERALD LEMMON.
ZBA No. 5274 - LYONS BROWN, III.
ZBA No. 5267 - ELLEN HINSCH.
ZBA No. 5264 - MICHAEL PISACANO
ZBA No. 5218 - J. and J. WOODHOUSE.
ZBA No. 5217 - LINDA S. SANFORD
Page 2 - Minutes
Regular Meeting held February 20, 2003
Southold Town Zoning Board of Appeals
ZBA No. 5307 - MAINTREE CORPORATION.
ZBA No. 5239 - JAMES AND KAREN HOEG
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Orlando
was absent.
PUBLIC HEARINGS: The following public hearings were held, with Chairman Tortora
introducing each application, and Member reading of the Legal Notice as published:
9:41 a.m. ZBA # 5243 - RORY and JENNIE FORRESTAL. This is a request for a
Variance under Section 100-244B, based on the October 2, 2002 Notice of
Disapproval, amended December 9, 2002, regarding a proposed second-story and
porch addition to the existing dwelling. The basis of the Notice of Disapproval is
that the additions and alterations will not meet the code requirement for a side
yard total of 35 feet, or the minimum 15 ft. side minimum. Location of Property:
1065 Saltalre Way, Mattituck; Parcel 100-1-23. (Please see transcript of written
statements prepared under separate cover.} BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Tortora, seconded by
Member Goehringer, to adjourn the hearing to 3:30 p.m. March 20, 2003, at
applicant's request. Vote of the Board: All. The Resolution was duly adopted (4-
0). Member Orlando was absent.
9:42 a.m. ZBA # 5192 - DAVID BELL AND RICHARD BUCKHEIT. David Bell
speaker. This is a request for a Variance under Section 100-244, based on the
Building Department's June 6, 2002 Notice of Disapproval. Applicants propose a
deck addition at the rear of the existing dwelling with a single side yard of less
than 10 feet, and minimum total side yards of less than 25 feet. 1375 Island View
Lane, Greenport; Parcel 57-2-14. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Member
Oliva, to close the hearing, reserving decision pending submission from the
applicant of the size of the replaced deck. Vote of the Board: All. The Resolution
was duly adopted {4-0). Member Orlando was absent.
9:55 a.m. ZBA # 5271 - A. and B. DWORKOWITZ. Alan Dworkowitz Speaker.
This is a request for a Variance under Section 100-244B, based on the Building
Department's October 28, 2002 Notice of Disapproval for a total side yard setback
of 22.9'. Applicants propose construction of additions and alterations to an
existing dwelling. Location of Property: 4225 Pequash Ave., Cutchogue; Parcel
1000-137-2-17. (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
offered by Chairwoman Tortora, seconded by Member Goehringer, to close the
hearing, reserving decision. Vote of the Board: All. The Resolution was duly
adopted (4-0). Member Orlando was absent.
10:05 a.m. ZBA # 5269 - JOSEPH BASANI. This is a request for a Variance
under Section 100-30A.3, based on the Building Department's November 13,
2002 Notice of Disapproval, amended November 15, 2002. The basis of the Notice
of Disapproval is that additions and alterations are proposed which do not meet
the minimum front setback of 50 feet. Location of Property: 1672 Rocky Point
Road, East Marion; Parcel 1000-31-2-10.2. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After
Page 3 - Minutes
Regular Meeting held February 20, 2003
Southold Town Zoning Board of Appeals
receiving testimony, motion was offered by Chairwoman Tortora, seconded by
Member Horning, to close the hearing, reserving decision. Vote of the Board: All.
The Resolution was duly adopted (4-0). Member Orlando was absent.
10:10 a.m. ZBA # 5270 - PAUL DAVIS. This is a request for a Variance under
Section 100-30A.3 based on the Building Department's October 2, 2002, Notice of
Disapproval amended October 28, 2002 for a proposed a reduction in lot area of
Lot 1000-48-2-31.1 from 20,168 sq. ft. to 18,557 sq. ft. and proposed reduction in
lot depth from 159.97 feet to 174.97 feet. The remaining Lot 1000-48-2-33 will
increase in area from 5,625 sq. ft. to 7313.55 sq. ft. and will increase in width
from 50 feet to 65 feet. Location of Property: 1025 Ninth Street and 235 Linnett
St., Greenport. (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
offered by Chairwoman Tortora, seconded by Member Goehringer, to adjourn the
hearing to 6:50 p.m. April 3, 2003, at applicant's request. Vote of the Board: All.
The Resolution was duly adopted (4-0). Member Orlando was absent.
10:12 a.m. RESOLUTION (BREAK): Motion was offered by Chairwoman Tortora,
seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes:
All. This Resolution was duly adopted (4-0). Member Orlando was absent.
10:30 a.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman
Tortora, seconded by Member Goehringer, to reconvene the meeting. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0}. Member Orlando was
absent.
10:30 a.m. ZBA # 5273 - AMELIA. MENDOZA. This is a request for a Variance
under Section 100-3IA.1, based on the Building Department's November 4, 2002
Notice of Disapproval. The basis of the Notice of Disapproval is that the proposed
accessory building is design for habitable living area in addition to the existing
principal dwelling, and that only one dwelling is permitted on a lot. Location:
38015 Main Rd., Orient; Parcel 15-2-15.1. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Tortora, seconded by
Member Goehringer, to adjourn the hearing to 6:50 p.m. April 3, 2003, at
applicant's request. Vote of the Board: All. The Resolution was duly adopted (4-
0). Member Orlando was absent.
10:31 a.m. ZBA # 5275 - NANCY IANNONE AND HELEN MARSHUT, LIFE
TENANTS. Jim Liebel, opposition. This is a request for a Special Exception for an
Accessory Apartment under Section 100-3lB(13) in conjunction with the
owner/applicant's residence in the existing single-family dwelling located at
19105 Soundview Avenue, Southold; Parcel 51-1-17. {Please see transcript of
written statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Tortora, seconded by
Members Oliva and Goehringer, to adjourn the hearing to 1:00 p.m. March 20,
2003. Vote of the Board: All. The Resolution was duly adopted (4-0}. Member
Orlando was absent.
10:49 a.m. ZBA # 5268 - GERALD LEMMON. Peter Stoutenburgh/President,
Environmental East, Inc.. This is a request for a Variance under Section 100-
242A based on the Building Department's November 7, 2002 Notice of
Page 4 - Minutes
Regular Meeting held Febraary 20, 2003
Southold Town Zoning Board of Appeals
Disapproval. The basis of the Notice of Disapproval is that the proposed second-
story addition to the existing dwelling will be less than 35 feet from the front lot
line and less than 35 feet from the rear lot line. Location of Property: 6427 Indian
Neck Lane, Peconic; Parcel 86-6-22. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Member
Homing, to close the hearing, reserving decision. Vote of the Board: All. The
Resolution was duly adopted (4-0). Member Orlando was absent.
10:55 a.m. ZBA # 5274 - LYONS BROWN, III. Steve Ham, Esq. This is a request
for a Variance under Sections 100-239 and 100-244B, based on the Building
Department's November 7, 2002 Notice of Disapproval. Applicant is proposing to
construct a additions and alterations that do not meet the minimum rear yard
setback of 50 feet and does not meet the minimum 75 ft. setback from the
bulkhead. Location of Property: Hedge St., Fishers Island; Parcel 1000-10.-7-12.
(Please see transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Tortora, seconded by Member Horning, to close the verbatim portion
of the hearing, and extend the written portion to March 6, 2003. Vote of the
Board: All. The Resolution was duly adopted (4-0). Member Orlando was absent.
11:26 a.m. ZBA # 5267 - ELLEN HINSCH. Elizabeth Thompson, R.A. This is a
request for a Variance under Section 100-30A.4 based on the March 4, 2002
Building Department's Notice of Disapproval for construction of an accessory
garage in the front yard. Location of Property: 6925 Great Peconic Bay Boulevard,
Laurel; Parcel 1000-126-10-16. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Member
Goehringer, to close the hearing, reserving decision. Vote of the Board: All. The
Resolution was duly adopted (4-0). Member Orlando was absent.
DISCUSSION: At the suggestion of Board Members, the Chairwoman was
authorized to send a letter replying to Thomas C. Samuels, Architect inquiry in
behalf of Sang Lee regarding the need for a Special Exception as a result of the
proposed 1300 square foot farm structure floor sales area, and authorizing the
public hearing to be calendared when filed with the Board {see ZBA # 5234 for
Sang Lee scheduled for March 20, 2003).
1:00 p.m. RESOLUTION (BREAK): Motion was offered by Chairwoman Tortora,
seconded by Member Goehringer, to take a two-minute recess. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Orlando was absent.
1:02 p.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman
Tortora, seconded by Member Goehringer, to reconvene the meeting. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0). Member Orlando was
absent.
1:02 p.m. ZBA # 5264 - MICHAEL PISACANO, applicant. (Also noted was
opposition in behalf of Ted Wells by Malcolm Doubleday. The applicant Mr.
Pisacano requests a Lot Waiver under Section 100-24A based on the November 7,
2002 (amended 11-8-02) Building Department's Notice of Disapproval for
construction of a single family dwelling. The basis of the Notice of Disapproval is
Page 5 - Minutes
Regular Meeting held February 20, 2003
Southold Town Zoning Board of Appeals
that this 73,616 sq. ft. parcel is not permitted in the R-80 District because it is
not a recognized lot by any of the four code standards, under: 1) The identical lot
shall be created by deed recorded in the Suffolk County Clerk's office on or before
6-30-83, and the lot conformed to the minimum lot requirements set forth in Bulk
Schedule; 2) Lot was approved by the Southold Town Planning Board, or 3} Lot is
shown on a subdivision map approved by the Southold Town Board prior to 6-30-
83, or 4) Lot is approved/recognized by formal action of the Board of Appeals prior
to 6-30-83. Location of Property: 1457 Cox Neck Rd., Mattituck; Parcel 113-07-
19.11. (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Tortora, seconded by Member Horuing, to adjourn the hearing to
7:10 p.m. April 3, 2003. Vote of the Board: All. The Resolution was duly adopted
{3-0). Members Orlando and Goehringer were absent.
1:38 p.m. ZBA # 5224 - SPRINT SPECTRUM, LLP. Lawrence Re, Esq., Terry
Elkowitz, Consultant, R. Rifaat, Engineer and J. McConnell. This is a request for a
Special Exception under Section 100-162A.1 regarding the proposed installation
of telecommunications antennas inside the existing {church) steeple/building,
located at 23045 Main Road, Orient; Parcel 1000-18-2-22.1. (Please see
transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Tortora, seconded by Member Goehringer, to close the hearing, reserving decision.
Vote of the Board: All. The Resolution was duly adopted (4-0). Member Orlando
was absent.
1:58 p.m. ZBA # 5218 - d. and J. WOODHOUSE. J. Gould, Esq. This is a
request for a Variance under Section 100-30A.3 based on the Building
Department's August 15, 2002 Notice of Disapproval, amended December 16,
2002 and December 24, 2002, for lot area and width of Lots 1 and 2, as shown on
the lot line change map revised 11-4-02. Location of Property: 2395 Village Lane
and 255 Navy St., Orient; Parcel 1000-26-1-12. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Tortora, seconded by
Member Goehringer, to adjourn the hearing to 7:20 p.m. April 3, 2003. Vote of
the Board: All. The Resolution was duly adopted (4-0). Member Orlando was
absent.
2:43 p.m. RESOLUTION (BREAK): Motion was offered by Chairwoman Tortora,
seconded by Member Oliva to take a short recess. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Member Orlando was absent.
2:52 p.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman
Tortora, seconded by Member Horuing, to reconvene the meeting. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0). Member Orlando was
absent.
2:52 p.m. ZBA # 5217 - LINDA S. SANFORD. This is an application based on the
Building Department's August 20, 2002 Notice of Disapproval, amended January
22, 2003, in a proposal to demolish the existing dwelling and construct a new
dwelling: (1) at less than 75 feet from the rear lot line and bulkhead. Also
requested is a new swimming pool structure at less than 75 feet from the
bulkhead, and Variances under Section 100-235A(1) and Town Law Section 280-
Page 6 - Minutes
Regular Meeting held February 20, 2003
Southold Town Zoning Board of Appeals
A, for a determination regarding improvements over an existing private right-of-
way for sufficient access by fire and emergency vehicles. The fight-of-way extends
over privately owned lands now or formerly of Kaytis, and land of McDonald, from
a point starting along the east side of Paradise Point Road, Southold, to the
applicant's lot, referred to as 780 Private Road 17, Southold, Parcel #81-3-27.1.
2:58 p.m. ZBA # 5307 - MAINTREE CORPORATION. R. Lark, Esq. This is an
Application requesting a Special Exception under Section 100-3lB for an
Accessory Bed and Breakfast in the owner's dwelling for renting of up to five (5)
guest rooms, and up to ten (10) guests, with breakfast. Location: 2500 Main
Road, Orient; Parcel 18-6-10. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Members
Goehringer and Oliva, to close the hearing and continue written to March 20,
2003. Vote of the Board: All. The Resolution was duly adopted (4-0). Member
Orlando was absent.
3:05 p.m. ZBA # 5239 - JAMES AND KAREN HOEG. James Hoeg speaker. This
is a request for a Variance under Section 100-33, based on the Building
Department's September 26, 2002 Notice of Disapproval to locate an in-ground
pool and as built accessory shed in an area other than the required rear yard, at
350 Willis Creek Drive, Mattituck; Parcel 1000-115-17-17.10. (Please see
transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Tortora, seconded by Member Goehringer, to close the hearing, reserving decision.
Vote of the Board: All. The Resolution was duly adopted (4-0). Member Orlando
was absent.
Member Horning left at 3:25 p.m. during the next hearing #5217.
3:08 p.m. ZBA # 5217 - LINDA S. SANFORD. RECONVENED. Linda Sanford,
Charles Napoli, Architect, Matt Ivan. This is an application based on the Building
Department's August 20, 2002 Notice of Disapproval, amended January 22, 2003,
in a proposal to demolish the existing dwelling and construct a new dwelling: (1)
at less than 75 feet from the rear lot line and bulkhead. Also requested is a new
swimming pool structure at less than 75 feet from the bulkhead, and Variances
under Section 100-235A(1) and Town Law Section 280-A, for a determination
regarding improvements over an existing private right-of-way for sufficient access
by fire and emergency vehicles. The right-of-way extends over privately owned
lands now or formerly of Kaytis, and land of McDonald, from a point starting
along the east side of Paradise Point Road, Southold, to the applicant's lot,
referred to as 780 Private Road 17, Southold, Parcel #81-3-27.1. (Please see
transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Tortora, seconded by Member Oliva, to adjourn the hearing to 7:00 p.m. March 6,
2003. Vote of the Board: All. The Resolution was duly adopted (3-0). Members
Orlando and Horning were absent.
POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS: None.
Page 7 - Minutes
Regular Meeting held February 20, 2003
Southold Town Zoning Board of Appeals
OTHER/RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. RESOLUTION ADOPTED: Motion was offered by Member Goehringer,
seconded by Member Oliva, and duly carried, to set the next Special Meeting for
6:30 p.m. March 6, 2003. (Agenda items may include public hearings adjourned
from February 20th new applications, and continued work reviews of new files for
future calendars, and possible deliberations/possible decisions on carryover
applications). Vote of the Board: Ayes: This Resolution was duly adopted (3-0).
Members Orlando and Homing were absent.
B. New business: None.
C. RESOLUTION ADOPTED: Motion was offered by Member Goehringer,
seconded by Member Oliva, to advertise in the Town's official newspaper public
hearings for complete applications, to be held March 20, 2003 at a Regular
Meeting commencing at 9:30 A.M. at Southold Town Hall (Court Room), 53095
Main Road, Southold. Vote of the Board: Ayes: All. This Resolution was duly
adopted (3-0). Members Orlando and Horning were absent.
EXECUTIVE SESSION: None.
There being no other business properly coming before the Board at this time,
Chairman Tortora declared the meeting adjourned. The meeting was adjourned at 3:40
P.M.
Ruth D. Oliva, Member
Approved for Filing
Respectfully submitted,
'4.inda Kowalski
RECEIVED
DEC 1 1 2008
Soutlfold Town Clerk