HomeMy WebLinkAboutZBA-04/17/2003APPEALS 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, APRIL 17, 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
Thm'sday, April 17, 2003 commencing at 9:30 A.M.
Present were:
Lydia A. Tortora, Chairwoman
Gerard P. Goehringer, Member (9:30 a.m. - 3:30 p.m.)
George Horning, Member (9:30 a.m. - 3:40 p.m.)
Vincent Orlando, Member
Linda Kowalski, ZBA Confidential Secretary
Absent was: Ruth D. Oliva, Member
9:33 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 (SEQRA): BOARD
RESOLUTION: Motion was made by Chairwoman Tortora, seconded by Member Goehringer,
to declare the following Declarations:
Type II Actions (no further steps regarding requests setback, dimensional, lot waiver,
accessory apartment, bed and breakfast requests
Christopher Showalter #5291 - setback variance.
Jack Weiskott #5292 - yard location of greenhouses.
Richard Bird #5293 - setback variance.
Paul Dinizio #5299 - setback variance.
Nancy Chin/Schlaefer #5312 - setback variance.
Gerard and Lorry Siani #5201 - accessory B & B use.
Arthur Aiello #5298 - setback variance.
Philip and Joyce Burns #5297 - lot coverage variance.
Gerard Schultheis #5296 - setback variance.
George and Stella Kalogeras #5320 - pool location variance.
Page 2 - Minutes
Regular Meeting held April 17, 2003
Southold Town Zoning Board of Appeals
North Fork Bank #5277 - wall sign lights and height.
Joan Lanqemyr #5247 - Lot waiver.
Mary C. Berdinka #5295 - Lot waiver.
Nicolo and Caroline DiBartolo #5254 - Accessory B & B use.
Madehne Droeqe #5186 - setback and height of accessory structure.
Unlisted Declaration:
Fishers Island Club, Inc. #5290 - commercial storage building.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva 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:
9:30 a.m. Fishers Island Club, Inc. #5290 by S. Ham Esq. Request for a Special
Exception under Section 100-3 lB(7) for construction of a maintenance/storage building
and adjacent covered area at an existing golf course site. Location of Property: East
End Road, Fishers Island; Parcel 1000-1-1-3.13. (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. This
Resolution was duly adopted (4-0). Member Ohva was absent.
9:46 a.m. Christopher Showalter #5291 by Rob Lehnert. Request for a Variance under
Section 100-239.4B, based on the Building Department's December 4, 2002 Notice of
Disapproval. Applicant proposes to construct an addition to the existing dwelling at
less than 75 feet from the bulkhead. Location of Property: 1015 Orchard Lane,
Southold; Parcel 1000-90-4-15. (Please see transcript of written statements prepared
under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
offered by Chairwo~nan Tortora, seconded by Member Goehringer, to close the hearing,
reserving decision. Vote of the Board: All. This Resolution was duly adopted (4-0).
Member Oliva was absent.
9:55 a.m. Jack Weiskott #5292 - Request for a Variance under Section 100-83A, based
on the Building Department's October 25, 2002 Notice of Disapproval. Applicant
proposes to construct two greenhouses at less than 100 feet from the right-of-way, at
41000 County Rd. 48, Southold; Parcel 59-10-3.1. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando,
to close the hearing, reserving decision. Vote of the Board: All. This Resolution was
duly adopted (4-0). Member Oliva was absent.
10:02 a.m. Richard Bird #5293. Request for a Variance under Section 100-244, based
on the Building Department's December 23, 2002 Notice of Disapproval. Applicant
proposes to build a second-story addition, portions of which are located less than 35
feet from the front lot line. Location of Property: 620 Lake Drive, Southold; Parcel
1000-59.-1-22. (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Tortora, seconded by Member Orlando, to recess the hearing until 10:45
Page 3 - Minutes
Regular Meeting held April 17, 2003
Southold Town Zoning Board of Appeals
a.m. today. Vote of the Board: All. This Resolution was duly adopted (4-0). Member
Oliva was absent.
10:10 a.m. Paul Dinizio #5299 - Request for a Variance under Section 100-244B, based
on the Building Department's December 18, 2002, Notice of Disapproval, amended
January 9, 2003. Applicant proposes a new dwelling with a setback of less than 35 feet
from the front and rear property lines, at 2585 Gillette Drive, East Marion, Marion
Manor Lot #34; Parcel 1000-38-3-17. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving testimony,
motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the
hearing, reserving decision. Vote of the Board: All. This Resolution was duly adopted
(4-0). Member Oliva was absent.
PUBLIC HEARINGS, continued from IL supra: Written testimony in lieu of extensive oral
testimony is requested and appreciated. All testimony shall be limited to zoning issues
properly before the Board.
10:12 a.m. RESOLUTION (BREAK): Motion was offered by Chairwoman Tortora,
seconded by Member Orlando, to take a short recess. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Member Oliva was absent.
10:23 a.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman
Tortora, seconded by Member Orlando, to reconvene the meeting. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent.
10:23 a.m. Nancy Chin/Schlaefer #5312. D. Doty, Esq. Request for Variances under
Sections 100-244 and 100-239.4B, based on the Building Department's January 9, 2003
Notice of Disapproval, amended January 28, 2003, for the reason that the new
construction area is less than 10 feet on a single side yard, and less than 75 feet from
the bulkhead, after the dwelling is demolished and reconstructed. Location of Property:
180 Knoll Circle, East Marion; Parcel 1000-37-5-17. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando,
to recess the hearing to 11:15 a.m. today. Vote of the Board: All. This Resolution was
duly adopted (4-0). Member 01iva was absent.
10:33 a.m. Gerard and Lorry Siani #5201. Request for a Special Exception under
Section 100-31B, to establish Accessory Bed and Breakfast Use for lodging and serving
of breakfast to B & B guests, in conjunction with the owner's residence at 1100 Skunk
Lane, Cutchogue; Parcel 1000-97-3-11.5. (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. This Resolution was duly adopted
(4-0). Member Oliva was absent.
10:41 a.m. Arthur Aiello #5298 - Request for a Variance under Section 100-244, based
on the Building Department's September 25, 2002 Notice of Disapproval. Applicant
proposes to construct an addition to the dwelling and an accessory garage with a total
lot coverage exceeding the code limitation of 20%, at 615 Marlene Lane, Mattituck;
Parcel 1000-143-3-26. (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
Page 4 - Minutes
Regular Meeting held April 17, 2003
Southold Town Zoning Board of Appeals
offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing,
reserving decision. Vote of the Board: All. This Resolution was duly adopted (4-0).
Member Oliva was absent.
10:53 a.m. Richard Bird #5293 RECONVENED. Request for a Variance under Section
100- 244, based on the Building Department's December 23, 2002 Notice of
Disapproval. Applicant proposes to build a second-story addition, portions of which are
located less than 35 feet from the front lot line. Location of Property: 620 Lake Drive,
Southold; Parcel 1000-59.-1-22. (Please see transcript of written statements prepared
under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing,
reserving decision. Vote of the Board: All. This Resolution was duly adopted (4-0).
Member Oliva was absent.
10:58 a.m. Philip and Joyce Burns #5297 - Request for a Variance under Section 100-
231, based on the Building Department's December 2, 2002 Notice of Disapproval.
Applicants propose a fence exceeding the code's four ft. height limitation when located
in a front yard, at 500 Old North Road, Southold; Parcel 1000-55-1-8.1. (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. This Resolution was duly adopted (4-0). Member Oliva was
absent.
11:15 a.m. Nancy Chin/Schlaefer #5312 RECONVENED. D. Doty, Esq. Request for
Variances under Sections 100-244 and 100-239.4B, based on the Building
Department's January 9, 2003 Notice of Disapproval, amended January 28, 2003, for
the reason that the new construction area is less than 10 feet on a single side yard, and
less than 75 feet from the bulkhead, after the dwelling is demohshed and
reconstructed. Location of Property: 180 Knoll Circle, East Marion; Parcel 1000-37-5-
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 Orlando, to close the hearing, reserving
decision. Vote of the Board: All. This Resolution was duly adopted (4-0). Member
Ohva was absent.
11:17 a.m. Gerard Schultheis #5296. Mr. & Mrs. Schulteis; Larry Tuthill Sr., Phil Lory
opposition. Request for a Variance under Sections 100-242A and 100-244, based on the
Building Department's January 2, 2003 Notice of Disapproval. Applicant proposes to
construct additions to the existing dwelling, portion of which is less than 35 feet from
the rear property line, at 1640 First Street, New Suffolk; Parcel 1000-117-5-6.3.
(Please see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Tortora, seconded by Members Orlando and Goehringer, to close the hearing, reserving
decision pending receipt of floor plans. Vote of the Board: All. This Resolution was
duly adopted (4-0). Member Oliva was absent.
11:38 a.m. Robert K. Scripps #5294. Robert Scripps with Julia Pladez. Request for a
Variance under Section 10030A.4 and 100-33C, based on the Building Department's
December 6, 2002 Notice of Disapproval, amended December 31,2002. Applicant
proposes to alter and construct additions to an existing accessory garage, relocating its
Page 5 - Minutes
Regular Meeting held April 17, 2003
Southold Town Zoning Board of Appeals
yard location to a side yard, and converting its use to allow living area, at 2745 Pine
Tree Road, Cutchogue; Parcel 104-3-6. (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
hearing, reserving decision. Vote of the Board: All. This Resolution was duly adopted
(4-0). Member Oliva was absent.
11:50 a.m. RESOLUTION (BREAK): Motion was offered by Member Homing,
seconded by Chairwoman Tortora, to take a recess for lunch. Vote of the Board: Ayes:
All. This Resolution was duly adopted (4-0). Member Oliva was absent.
12:45 p.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman
Tortora, seconded by Member Orlando, to reconvene the meeting and continue the
agenda items. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Member Oliva was absent.
DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. The
originals of each of the following applications were decided, with the original determinations
filed with the Southold Town Clerk:
APPROVED
J. and J. WOODHOUSE #5218
APPROVED WITH CONDITIONS
PAUL DAVIS #5270
DENIED WITH ALTERNATIVE RELIEF
PAUL AND MAUREEN CACIOPPO #5286 (4-0)
CHARLOTTE DICKERSON #5256 (4-0)
Chairwoman Tortora briefly discussed the need for a modified relief procedure that would be
easier, and where is the line drawn for modified procedures - and would discuss same with
ZBA counsel and report back to the Board. (No Board action was requested to be taken.)
PUBLIC HEARINGS, continued'
1:08 p.m. Georqe and Stella Kalogeras #5320. Chris Rivera. Request for a Variance
under Section 100-30A.4 and 100-33, based on the Building Department's October 21,
2002 Notice of Disapproval. Applicants propose an inground swimming pool structure
in an area other than the required rear yard at, 900 Sound Beach Drive, Mattituck;
Parcel 1000-99-1-8.1. (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing,
reserving decision. Vote of the Board: All. This Resolution was duly adopted (4-0).
Member Oliva was absent.
1:11 p.m. North Fork Bank #5277. R. Lark, Esq. for American Sign Crafters. Request
for Variances under Sections 100-205N-5 and 100-206A, based on the Building
Page 6 - Minutes
Regular Meeting held April 17, 2003
Southold Town Zoning Board of Appeals
Department's October 9, 2002 Notice of Disapproval, for placement of a new
identification wall sign which is greater than three feet in height and proposed to be
lighted internally. Location: 9025 Main Road, Mattituck; Parcel 1000-122-6-22.1.
(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. This Resolution was duly adopted (4-0). Member Oliva was
absent.
1:29 p.m. Joan Langemyr #5247 By R. Lark, Esq., and Mrs. Langemyr. Request for a
Lot Waiver under Section 100-26, based on the Building Department's August 12, 2002
Notice of Disapproval, stating that 1000-104-6-12.1 (vacant area of 15,518 sq. ft.) has
merged with an adjacent land area 1000-104-6-13 (15,131 sq. ft.) due to common
ownership during a period of time after July 1, 1983. Applicant proposes to unmerge
the properties, referred to as 900 and 770 Oak Drive, Cutchogue. (Please see transcript
of written statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member
Orlando, to close the hearing, reserving decision. Vote of the Board: All. This
Resolution was duly adopted (4-0). Member Oliva was absent.
1:45 p.m. Mary C. Berdinka #5295 by Gail Wickham, Esq. Request for a Lot Waiver
under Section 100-26, based on the Building Department's October 9, 2002 Notice of
Disapproval, citing Section 100-24 states that 1000-114-10-25 containing +-19,700 sq.
ft. is merged with an adjacent land area identified as 1000-114-10-26 containing +-
13,500 sq. ft. Applicant proposes to unmerge the nonconforming properties. Location:
655 and 725 Youngs Ave., Mattituck; Parcel Nos. 1000-114-10-25 and 26 are adjacent
to lots shown on the Map of Deer Park. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving testimony,
motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the
hearing, reserving decision. Vote of the Board: All. This Resolution was duly adopted
(4-0). Member Oliva was absent.
2:00 p.m. Nicolo and Caroline DiBartolo #5254. Mr. & Mrs. DiBartolo; opposition: A.
Novack, Cathy O'Brien, Amy Milave, Bob Gammon, Carl Kraus, Jane Shance. Request
for a Special Exception under Section 100-31 B, to establish Accessory Bed and
Breakfast Use for lodging and serving of breakfast to transient guests, in conjunction
with the owner's residence at 475 Condor Court (extends off the east side of North
Oakwood Rd), Laurel; Parcel 1000-127-3-6.2. (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 to verbatim and extend the written to May 15, 2003. Vote of the
Board: All. This Resolution was duly adopted (4-0). Member Ohva was absent.
3:00 p.m. Madeline Droeqe #5186. Dan Ross, Esq., opposition: Bruno Semon,
Catherine Zuro, Mr. Zuro, P. Moore, Esq., for Mrs. Malliss; in favor: Andrew Green.
Request for a Variance under Sections 100-33C, 100-30A.4, 100-31C, based on the
Building Department's April 26, 2002 Notice of Disapproval stating that the proposed
structure is not a permitted use, and that it does not meet the code's height limitation
or minimum setback provisions. Applicant proposes an accessory wind turbine
structure at less than 50 feet from the front property hne and at a height greater than
the code limitation of 18 feet, at 885 Petty's Drive, Orient; Parcel 1000-14.-2-24.
Page 7 - Minutes
Regular Meeting held April 17, 2003
Southold Town Zoning Board of Appeals
(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 adjourn the hearing to June 5, 2003. Vote of
the Board: All. This Resolution was duly adopted (3-0). Members Oliva and
Goehringer were absent.
OTHER/RESOLUTIONS/UPDATED REViEWS/OTHER:
A. RESOLUTION ADOPTED: Motion was offered by Chairwoman Tortora, seconded
by Member Horulng to set the next Special Meeting 6:30 p.m. May 1, 2003. (Agenda
items may include public hearings adjourned from previous calendars, new
applications and continued work reviews of other new files for future calendars, and
possible deliberations/possible decisions on carryover applications. Vote of the Board:
All. This Resolution was duly adopted (3-0). Members Oliva and Goehringer were
absent.
DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. The
originals of each of the following applications were decided, with the original determinations
filed with the Southold Town Clerk:
APPROVED
Chin/Schlaefer #5312 (3-0)
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 3:50 P.M.
Respectfully submitted,
I;~nda Kowalski
Included by Reference: Filed ZBA Decisions (5)
Ruth D. Oliva, Member
Approved for Filing
RECEIVED
JAN 2 8 2009
$outhold Town Clerk