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Home My WebLink AboutZBA-12/04/2008APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman 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 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, DECEMBER 4, 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, December 4, 2008 commencing at 9:15 A.M. Present were: Gerard P. Goehringer, Chairman]Member Ruth D. Oliva, Member James Dinizio, Member Michael A. Simon, Member Leshe Kanes Weisman, Member Linda Kowalski, ZBA Confidential Secretary Absent was: Kieran Corcoran - Assistant Town Attorney 9:22 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: STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION: Motion was made by Member Simon and Chairman Goehringer, seconded by Member Oliva, to declare the following Declarations: Type II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: LEONARD and RANDEE DADDONA # 6225. VICKY GERMAISE #6226 LLOYD KAPLAN #6221. FRANEKER INVESTMENTS, INC. #6220. WILLIAM F. KRLIS #6222. HOPE SCHEIDEl{ #6215. CHARLES and SUSAN GEITZ #6218. FRANK SCAROLA #6227. DEBORAH PONTINO #6230. JOHN TAGIOS #6231. Page 2 - Minutes Regular Meeting held December 4, 2008 Southold Town Zoning Beard of Appeals Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). DELIBERATIONS/DECISIONS: The Board deliberated on the following apphcations. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: GRANT OF ALTERNATIVE RELIEF WITH CONDITIONS VINCENT LAROCCA#6208 (Vote: 4-1) APPROVED THOMAS and MARY IRENE MARRON #6216 (Vote 5-0). PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 9:33 A.M. LEONARD and RANDEE DADDONA # 6225. Request for a Variance under Section 280-15, based on the Building Inspector's September 9, 2008 Notice of Disapproval concerning proposed swimming pool construction in a yard other than a rear yard (the property has two front yards and two side yards). Location of Property: 1380 Calves Neck Road, Southold; CTM 1000-63-7-25. 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 receipt of letter with specifications to address drywell. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:43 A.M. VICKY GERMAISE #6226. Gary Steinfeld, West Creek Builders. Request for a Variance under Section 280-124, based on the Building Inspector's September 5, 2008 Notice of Disapproval concerning a proposed addition which will be less than the code-required minimum of 50 feet for the rear yard setback, at 345 Bunny Lane, New Suffolk; CTM 1000-117-6-20.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:50 A.M. LLOYD KAPLAN #6221 by Suffolk Environmental Consulting. Request for Variances under Sections 280-15C and 280-124, based on the Building Inspector's amended September 2, 2008 Notice of Disapproval concerning an accessory swimming pool proposed with a front yard setback at less than the code-required minimum of 40 feet and with lot coverage exceeding the code hmitation of 20% (maximum) on this buildable area of 14,679 square feet adjacent to the Long Island Sound. Location of Property: 105 Soundview Avenue, Southold; CTM 1000-50-2-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, Page 3 - Minutes Regular Meeting held December 4, 2008 Southold Town Zoning Board of Appeals seconded by Member Weisman, to adjourn the hearing to February 19, 2009 at 1:30 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:04 A.M. RESOLUTION (BREAK): Motion was offered by Member Weisman, seconded by Chairman Goehringer, to take a recess for an immediate Justice Court arraignment. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:28 A.M. RESOLUTION (RECONVENE): Motion was offered by Member Oliva, seconded by Chairman Goehringer, to reconvene the meeting and continue with the agenda items. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Weisman was absent during this Resolution, and returned immediately after the Resolution). PUBLIC HEARINGS, CONTINUED: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 10:28 A.M. FRANEKER INVESTMENTS, INC. #6220 by S. Ham, Esq. and Antonio Gomez, Estate Manager. Request for a Variance under Section 280-15, based on the Building Inspector's September 4, 2008 Notice of Disapproval concerning a proposed new accessory structure (after demolition of an accessory building) in a location other than the code-required front yard or rear yard. Location of Property: Fishers Island Sound, Private Road off East End Road, bounded on the west by Henkel and on the east by Waterman Inv. Co., Fishers Island, NY; CTM 1000-3-1-3.3. 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 subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:46 A.M. WILLIAM F. KRLIS #6222 by Garrett Strang, R. A. Request for a Variance under Sections 280-122A and 280-1244, based on the Building Inspector's August 5, 2008 Notice of Disapproval concerning proposed additions and alterations to an existing seasonal dwelling for conversion to a year-round residence, which new construction will increase the lot coverage in excess of the code-limitation (maximum) of 20 percent. Location of Property: 100 Fay Court, Mattituck; CTM 1000-123-5-12. 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). 10:55 A.M. HOPE SCHEIDER #6215 by C. Mesiano. Request for Variances under Sections 280-116, 280-122A, 280-124, based on the Building Inspector's July 11, 2008 Notice of Disapproval concerning a proposed new dwelling, after demolition of the existing building. The reasons stated for disapproving the building permit application are that the new construction: (1) will be an increase in the degree of nonconformity with regard to the rear yard at less than 35 feet, (2) will be an increase in the degree of nonconformity with regard to a single side yard at less than 10 feet and with regard to total side yards at less than 25 feet combined, on this 4,914 square foot buildable area; and (3) in addition the proposed construction is less than the code-required minimum of 75 feet from the bulkhead and the lot coverage will exceed the code Page 4 - Minutes Regular Meeting held December 4, 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: limitation (maximum) of 20%. Location of Property: Goldsmith's Inlet at 1960 Mill Lane, Southold; CTM 1000-67-7-11. 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 February 19, 2009 at 2:00 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:46 A.M. CHARLES and SUSAN GEITZ #6218. Request for a Variance under Section 280-116A(2), based on the Building InspectoFs June 10, 2008 Notice of Disapproval concerning an as-built deck as reconstructed with a setback at less than 100 feet fi'om the ordinary high-water mark of the Long Island Sound, at 1580 Leeton Drive, Southold; CTM 1000-58-2-5. 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). 11:52 A.M. RESOLUTION (BREAK): Motion was offered by Member Weisman, seconded by Member Oliva, to take a recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:59 A.M. RESOLUTION (RECONVENE): Motion was offered by Member Oliva, seconded by Chairman Goehringer, to reconvene the meeting and continue with the Agenda items. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:59 A.M. FRANK SCAROLA #6227. William Gorman, North Fork Permits. Requests for: (1) a Special Exception under Section 280-13B for conversion of an existing building to a two-family dwelling, and (2) Variances under Sections 280-13A and 280-14, based on the Building InspectoFs amended September 10, 2008 Notice of Disapproval, stating that: (a) conversion of two accessory buildings for use as wine storage is a non-permitted use, and (b) that the lot size is required to be 160,000 square feet for a two-family dwelling. Zone District: Agricultural-Conservation Zone District. Location of Property: 4850 Sound Avenue, Mattituck; CTM 1000-121-3-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) It is also noted that procedurally Members recommended that the application be withdrawn, and Mr. Gorman acknowledged same in agreement. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Wmsman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5 - Minutes Regular Meeting held December 4, 2008 Southold Town Zoning Board of Appeals PUBLIC HEARINGS, CONTINUED: The following pubhc hearings were held, with Chairman Goehringer introducing each apphcation, and Member reading of the Legal Notice as published: 12:33 P.M. DEBORAH PONTINO #6230 by Peter Stoutenburgh, Environment East. Request for a Variance under Sections 280-122 and 280-124, and Zoning Code Interpretation #5039 (Walz Application), based on the Building Inspector's August 25, 2008 Notice of Disapproval concerning a proposed addition to the existing single-family dwelling, which will increase the degree of nonconformance with regard to the rear yard setback at less than the code-required minimum of 50 feet, at 2675 Indian Neck Lane, Peconic; CTM 1000-86-5-13. 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). 12:40 P. M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded by Member Oliva, to take a recess. Vote of the Beard: Ayes: All. This Resolution was duly adopted (5-0). 1:08 P.M. RESOLUTION (MEETING RECONVENED): Motion was offered by Member Oliva, seconded by Member Weisman, to reconvene the Regular Meeting and continue with agenda items. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:08 P.M. JOHN TAGIOS #6231by Frank Notaro, Architect. Request for a Variance under Sections 280-122A and 280-124, based on the Building Inspector's revised September 18, 2008 Notice of Disapproval concerning a proposed new dwelling, after demohtion of the existing building, which new construction will create a new degree of nonconformance and will create an increase in the degree of nonconformance, with regard to the front yard setback at less than the code-required minimum of 40 feet on this parcel containing 21,322 square feet. Location of Property: 695 Clearview Avenue (a/k/a 750 Bennetts Lane), Southold; CTM 70-8-35. 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). PUBLIC HEARINGS, CONTINUED: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 1:20 P.M. ROMANELLI REALTY INC. #6100 and #6224 by Catherine Mesiano, agent and John Romanelli, Applicant/Owner of Property at 36660 Route 25 (Main Road), Cutchogue; CTM 97-3-3.1 (formerly 97-3-3). Speaking in opposition or generally with concerns were Mr. Capello, William Bauer, Jeanne Genovese, Pat Bailey, Bill Midgley. Please see transcript of written statements prepared under separate cover. The applicant requests a Special Exception for a contractor's yard and Variances under Sections 280-42A and 280-43A & C, based on the Building Inspector's November 19, 2007 amended Notice of Disapproval, concerning a proposed contractor's yard and Page 6 - Minutes Regular Meeting held December 4, 2008 Southold Town Zoning Board of Appeals three principal buildings on this 63,338 square foot lot in a LB Limited Business Zone District. (1) pursuant to the Bulk Schedule, one use per 80,000 square feet is allowed in the Limited Business (LB) Zone, and the proposed construction (three buildings) is not permitted on a lot containing less than 240,000 square feet, for the reason that the proposed three buildings constitutes three distinct uses; (2) proposed Building #1 is not permitted with a linear frontage exceeding the 60 feet; 3) proposed Building #1 is not permitted at less than 100 feet from the right- of-way of NYS Route 25; (4) proposed Building #2 is not permitted at less than 75 feet from the rear property line; (5) proposed building #3 is not permitted at less than 20 feet from the side lot line; Also requested is a Special Exception for a contractor's yard under Section 280- 40B(2). BOARD RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to adjourn the hearing to March 19, 2009 at 2:00 p.m. to allow applicant time to submit additional information requested during the hearing for: (a) maps with change to increase setbacks, screening buffers in the back or landscaping plan to show same, SEQRA determination by Lead Agency, Lot- Line status. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:52 - 3:02 P.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded by Member Oliva, to take a recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:02 P.M. RESOLUTION (MEETING RECONVENED): Motion was offered by Member Oliva, seconded by Chairman Goehringer, to reconvene the Regular Meeting and continue with agenda items. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:02 P.M. Continued Hearing - STEVE and OLGA TENEDIOS #6198 by Patricia C. Moore, Esq. and Joseph Fischetti, P.E. Request for Variances under Sections 280-124, based on the Building Inspector's June 30, 2008 amended Notice of Disapproval concerning a proposed new dwelling, after removal of the existing building(s) for placement on a new location with pilings or other foundation after house is elevated, and a proposed enlargement to connect the relocated house to the existing garage. The property has zero buildable land, being on the seaside of the Coastal Erosion Hazard Line. The Building Inspector's reasons for disapproving the building permit application are that the proposed construction wi]] be: (1) less than 40 feet on a front yard; (2) less than 15 feet for a single side yard setback, (3) less than 35 feet total side yard setbacks, and (4) lot coverage exceeds the code limitation of 20% (100% lot coverage for zero buildable land area). Location of Property: 1625 North Sea Drive, Page 7 - Minutes Regular Meeting held December 4, 2008 Southold Town Zoning Board of Appeals Southold; CTM 1000-54-4-18 (adjacent to dunes and Long Island Sound). BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Oliva, seconded by Chairman Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5~0). PUBLIC HEARINGS~ CONTINUED: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 4:10 P.M. Continued hearing for filing/processing of Amendment: Jim Fitzgerald as agent for RYAN and JENNIFER STORK # 6187 and #6232 as amended. Request for Variances under Sections 280-12, 280-116 and 280-124, based on the Building Inspector's September 19, 2008 Notice of Disapproval concerning a proposed new dwelling (after demolishing the existing building) and concerning the proposed relocation with possible reconstruction of an existing nonconforming garage with nonconforming sleeping area and a full batl~'oom. The new construction is not permitted for the following reasons: (1) the new dwelling and the new accessory building will both be less than 15 feet on a single side yard and total side yards less than 35 feet; (2) the accessory garage building construction will contain a non- permitted code use and is deemed by the Building Inspector to be a second dwelling; (3) the accessory garage building will be less than 15 feet on a single side yard and less than 35 feet for total side yard setbacks combined. Location of Property: 3270 Peconic Bay Boulevard, Laurel; CTM 1000-128-6-8 adjacent to Great Pecomc Bay. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Oliva, seconded by Chairman Goehringer, to adjourn the hearing to February 19, 2009 at 2:15 p.m. to allow agent to have more time to relay the hearing discussions to his client and the requested diagrams. Vote of the Board: Ayes: AlL This Resolution was duly adopted (5-0). Mr. Paul Romanelli appeared as the Board was voting to close this hearing, and asked if he could make a statement, and the Board agreed, with motion offered by Chairman Goehringer, seconded by Member Weisman, and duly carried, to reopen hearing #6132 and #6187 for Paul Romanelli's and Karl Austin's statements. The hearing was closed in total. 4:48 P.M. GAMA PROPERTIES (7-11 Store) #6219 by P. Moore, Esq, Vivian Kamath, Eugene Kemper; Leroy Hallicher for Reverend/Unity Baptist Church, Art Tillman, Joe Finora, Dennis Hubbard in opposition. Request for Variances under Sections 280-49 and 280-50C, based on the Building InspectoFs amended September 4, 2008 Notice of Disapproval concerning proposed additions and alterations in converting an existing gas station and convenience store uses to a convenience store (retail store). The reasons stated for disapproving the building permit application are that the new construction: (1) will have a single side yard at less than the code required minimum of 25 feet; (2) will have a rear yard at less than 35 feet; (3) will be greater than 60 linear feet of frontage on one street. Location of Property: 9945 Main Road (NYS Route 25) and Factory Avenue, Mattituck; CTM 1000-142-1-27. Zone District: B- General Business. 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 tho hearing pending SEQR. Vote of the Board: Ayes: All and Nay by Member Dinizio (4-1). This Resolution was duly adopted. Page 8 - Minutes Regular Meeting held December 4, 2008 Southold Town Zoning Board of Appeals RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Chairman Goehringer to advertise the January 8, 2009 hearings concerning complete applications, with publication for one week in the Town's official newspaper (concerning 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 (5-0). B. RESOLUTION ADOPTED: Motion was offered by ChsJrman Goehringer, seconded by Member Oliva, and duly carried, to set the next Special Meeting for Thursday, December 18, 2008 - 6 PM at Town Hall Annex (Capitol One Building) Second Floor, Youngs.Avenue, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). C. APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Chairman Goehringer and duly carried, to accept and authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held October 16, 2008. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). D. Work Session reviews (none). E. Form for Lot Waiver Application- noted update regarding conformity to Code Changes under Local Law #16-2008. 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 6:08 P.M. ~~~~Incl d by Refere : File ' ' n ' (2) //Gerbil~. Goehringer,C~hairm~-n / / j~,l~roved for Filing ~Resolution Accepting for Filin~ ~'/2~009 Respectfully submitted, Kowalski 12/22/2008 Souchold Town Clerk