HomeMy WebLinkAboutZBA-01/08/2009APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
Mailing Address:
Southold Town Hall
53095 Main Road · EO. 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, JANUARY 8, 2009
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, January 8, 2009
commencing at 9:58 A.M. (following Town Court arraignment in session).
Present were:
Gerard P. Goehringer, Chairman/Member
Ruth D. Oliva, Member (10:17 a.m. to end)
James Dinizio, Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Kieran Corcoran - Assistant Town Attorney (1:35 p.m. to end)
Linda Kowalski, ZBA Confidential Secretary
9:58 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:
A. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION:
Motion was made by Chairman Goehringer, seconded by Member Weisman, to declare the following
Declarations: Type II Actions with no further steps regarding requests setback, dimensional, lot waiver,
accessory apartment, bed and breakfast requests:
JENNIFER JACOBS and CLAYTON GATES #6206
THOMAS G. and JOYCE I. MESSINA # 6223
DIANE MULVANEY and BE~I-Y J. BRESLOFF #6228
RONALD ZITO #6233
THEODORE E. PRAHLOW #6234
ANDREW and ELIZABETH GREENE #6235
MICHAEL K. and THERESE HUGHES #6236
GEORGE YATRAKIS #6237
JACQUELINE MOSKOWlTZ #6238
ROBERT and MARGARET BERGAMINI # 6241
HENRY TRAENDLY and BARBARA CADWALLADER #6264
ROMANELLI REALTY INC. # 6268 (lot area variance)
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent.
B. SEQRA pending Lead Agency declaration (to be updated in the near future):
1. GAMA PROPERTIES/FORMERLY WAREX # 6219 - Variance for convenience store
conversation at Main Road and Factory Avenue, Mattituck.
Page 2 - Minutes
Regular Meeting held January 8, 2009
Southold Town Zoning Board of Appeals
2. ROMANELLI REALTY INC. Cf 6224 - Special Exception for commercial use as a
contractor yard at Main Road, Peconic.
DELIBERATIONS/POSSIBLE DECISION/OTHER RESOLUTION,'::;' The Board deliberated on the following
application. The original was decided as noted below, with the original determination filed with the Southold
Town Clerk:
APPROVED WITH CONDITIONS:
SOUTHOLD PROPERTIES LLC/PRINCIPI PROPERTIES #6150
PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each
application, and Member reading of the Legal Notice as published:
10:00 A.M. JENNIFER JACOBS and CLAYTON GATES #6206 by Tom Samuels, Architect as
Agent. Request for Variances concerning this 12,760 square foot parcel under Section 280-124,
based on the Building Inspector's July 24, 2008 Notice of Disapproval concerning a proposed
second-story addition and alterations to the existing dwelling, with a setback of less than the code-
required 10 ft. minimum single side setback and less than 35 ft. minimum rear yard setback, at 645
Jackson Street, New Suffolk; CTM 1000-117-9-5.2. 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 Oliva was absent.
10:08 A.M. ANTHONY and BARBARA BONAGURA #6081 by Doug Heynes as Agent and Mr. &
Mrs. Bonagura. Request for a Special Exception under Zoning Code Section 280-13B for approval
of an as-built Accessory Apartment with owner-occupancy in a single-family dwelling as enlarged
with recent additions, at 900 Holbrook Lane, Mattituck; CTM 113-6-11. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the
hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Member Oliva was absent.
Member Oliva arrived.
10:17 A.M. MICHAEL K. and THERESE HUGHES #6236 by Therese Hughes, owner. This is a
request for Variances under Sections 280-4 and 280-12, based upon an application for a building
permit and the Building Inspector's September 22, 2008 Notice of Disapproval stating that the as-built
mobile home is not permitted for two reasons: (1) it constitutes a second dwelling unit, and (2) it
contains less than 850 square feet of living area. Location of Properly: 9525 Main Road, Mattituck;
CTM 1000-122-6-13. BOARD RESOLUTION: {Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Members Weisman and Oliva, to adjourn the headng to April 23, 2009 at 1:30 p.m.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:49 A.M. DIANE MULVANEY and BE'FrY J. BRESLOFF #6228. Request for a Variance under
Section 280-18, based on the applicant's request for a lot-line change and the Building Inspector's
Notice of Disapproval concerning a proposed lot area for 1000-31-8-12.4, at 225 Marion Lane, which
lot will become less conforming by reducing its size from 34,194 square feet to 30,448 square feet in
total size, and concerning 1000-31-8-13 at 730 Bay Avenue, East Marion, which lot will become more
conforming by increasing its size from 8,340 square feet to 12,086 square feet. 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 headng, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
10:57 A.M. RESOLUTION {BREAK): Motion was offered by Member Weisman, seconded by
Member Simon, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
Page 3 - Minutes
Regular Meeting held January 8, 2009
Southold Town Zoning Board of Appeals
11:04 A.M. RESOLUTION (RECONVENED): Motion was offered by Member Weismao, seconded
by Member Oliva, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
PUBLIC HEARINGS, CONTINUED FROM above: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as published:
11:04 A.M. ROBERT BERGAMINI # 6241, by Margaret Bergamini. This is a request for Variances
under Section 280-124, based on the Building Inspector's October 17, 2008 Notice of Disapproval
concerning a proposed deck addition at less than the code-required minimum front yard setback of
35 feet and lot coverage exceeding the code limitation of 20% on this nonconforming +/- .31 acre lot,
at 4050 Camp Mineola Road, Mattituck; CTM 123-5-20. 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).
11:09 A.M. RONALD ZITO #6233 by Mark Schwartz, A.I.A. as agent. This is a request for
Variances under Section 280-124, based on the Building Inspector's August 25, 2008 Notice of
Disapproval concerning an as-built outdoor shower addition to the single-family dwelling which is less
than 10 feet on a single side yard, less than 15 feet on the opposite side yard, resulting in less than
25 feet for a total of both side yards, at 1185 Bungalow Lane, Mattituck; CTM 123-3-16. 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 headng, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5~0).
11:15 A.M. JACQUELINE MOSKOWlTZ #6238 by Rob Lehnert of Peconic Permits as agent.
Location of Property: 80 Lakeside Drive and Cedar Point Drive, Southold; CTM 1000-90-3-14. This
is a request for Variances on this 14,118 square foot lot, under Zoning Code Sections 280-122 and
280-124; based on applications for building permits and the Building Inspector's August 22, 2008
Notice of Disapproval concerning a pergola, fence height, swimming pool, and as-built carport
structure, for the reasons that:
(1) the proposed pergola to be added to the dwelling structure is not permitted because
such additions/alteration will constitute an increase in the degree of nonconformance
(nonconforming rear yard setback and front yard setback, see ZBA #3255 of August 14,
1984;
(2) the fence is not allowed as per Conditions under ZBA #3950 dated July 11, 1990 which
states: the fence and any screening shall not exceed 4 ft. 6 in. in height in front yard areas
above grade, the area beginning at a point of 30 feet from the corner of Cedar Point Drive to
30 feet from the corner of Lakeside Drive shall remain open and un-vegetated;
(3) the existing swimming pool under Building Permit #19275 issued 9/27/1990 is located at
less than the required minimum of 22 feet under ZBA # 3950 dated 7/11/1990;
(4) the existing carport shows setbacks from each the front yard and rear yard at less than
the code-required minimum of 35 feet.
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).
11:31 A.M. THEODORE E. PRAHLOW #6234 by Patricia Moore, as attorney for the applicant; also
speaking were Jaime Davis, Marlo Souel, Sonia Mebus, with concerns or in opposition. This is a
request for Variances under Sections 280-124 concerning this 7,700 square foot parcel, and based
on the Building Inspector's August 22, 2008 Notice of Disapproval concerning a proposed deck and
Page 4 - Minutes
Regular Meeting held January 8, 2009
Southo]d Town Zoning Board of Appeals
porch additions to the existing single-family dwelling, which new construction will be less than the
code-required minimum of 35 feet for a rear yard setback and which exceeds the cede-maximum
limitation of 20% lot coverage, at 1605 O~d Shipyard Lane, Southold; CTM 64-5-30. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairman Goehringer, seconded by Members Weisman
and Simon, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
12:33 P.M. RESOLUTION (BREAK): Motion was offered by Member Oliva, seconded by Member
Dinizio, to recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
1:06 P.M. RESOLUTION (RECONVENED): Motion was offered by Member Oliva, seconded by
Chairman Goehdnger, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
PUBLIC HEARINGS, CONTINUED FROM above: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as published:
1:06 P.M. ANDREW and ELIZABETH GREENF #6235 by Patricia Moore, as attorney for the
applicants, who were also present. Request for Variances under Code Sections 280-12 and 280-
3C.2.a, based on the Building Inspector's June 30, 2008 Notice of Disapproval concerning an
application for a building permit to alter the use of an accessory building (second floor) from an
accessory use as a garage to the owner's home occupation office with full bathroom, after removal of
the as-built kitchen and cooking areas, instead of a home office carded on in the main building. The
proposed change in use from garage to a home office is not permitted under Code Section 280-
13C.2a, which requires a "home occupation" to be incidental to the residential use of the premises
and carried on in the main building. In addition, the Building Inspector states that the existing living
space with kitchen (apartment) as-built is not permitted under Section 280-12, since the Code limits
each lot to only one dwelling. Location of Property: 30653 C.R. 48 (a/Ida Middle Road or North
Road), Peconic; CTM 73-4-5. 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 adjourn the hearing to April 23, 2009 at 2:00 p.m. for
alternate diagrams/plans. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
1:38 P.M. 2000 BROADWATERS LLC # 6186. (Continuation). Garrett Strang, Architect as agent;
also speaking with concerns and in opposition was Mr. Mikalu. This is a request for a Variance
under Section 280-124, based on the Building Inspector's May 12, 2008 Notice of Disapproval
concerning a proposed new dwelling with a setback at less than the code-required 35 feet from the
front lot ~ine (after demolishing the existing building), at 2000 Broadwaters Road, Cutchogue; CTM
104-9-12. BOARD RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) After receiving testimony, motion was offered by Chairman Goehdnger, seconded
by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
1:56 P.M. THOMAS G. and JOYCE I. MESSlNA # 6223, by Catherine Mesiano as agent. This is a
request for Variances under Section 280-116A(1), based on the Building Inspector's September 2,
2008 Notice of Disapproval concerning a proposed accessory swimming pool and spa at less than
100 feet from the top of the bank or bluff on a lot adjacent to the Long Island Sound and with lot
coverage exceeding the code limitation of 20% on this buildable land area of 15,253 square feet, at
1690 The Strand, East Marion; CTM 30-2-61. 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).
PUBLIC HEARINGS, CONTINUED FROM above: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as published:
2;23 P.M. GEORGE YATRAKIS #6237. Patricia Moore, Esq. with Mrs. Yatrakis attending, Joseph
Fischetti, P.E. for the applicant, and Angel Chomo, Architect. Speaking with concerns or in
Page 5 - Minutes
Regular Meeting held January 8, 2009
Southold Town Zoning Board of Appeals
opposition were Mm. DuPont and Mr. Ernesti. This is a request for Variances under Sections 280-
15C and 280-116A(1), based on the Building Inspector's October 8, 2008 Notice of Disapproval
concerning a proposed dwelling, swimming pool, trellis and accessory garage. The reasons stated
for disapproving the building permit application are: (1) the proposed locations of the trellis to be
added to the house, and accessory swimming pool, ara not permitted at less than 100 feet from the
top of the bluff or bank on lots adjacent to the L.I. Sound; (2) the in-ground swimming pool is also
proposed in a side yard, rather than the code-permitted front yard in the case of a waterfront lot, or
code-permitted rear yard; (3) new construction is proposed at less than the code-required minimum
of 15 feet on a single side yard. Location of Property: 18805 Soundview Avenue, Southold; CTM
51-1-14. BOARD RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) After receiving testimony, motion was offered by Member Oliva, seconded by
Member Simon, to adjourn the hearing to April 23, 2009 at 2:30 p.m. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
3:17 P.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded by
Member Weisman, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
3:23 P.M. RESOLUTION (RECONVENED): Motion was offered by Chairman Goehringer, seconded
by Member Weisrean, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
PUBLIC HEARINGS, CONTINUED: The following public hearings were held, with Chairman Goehdnger
introducing the application and Member reading of the Legal Notice as published:
3:23 P.M. HENRY TRAENDLY and BARBARA CADWALLADER, by Henry Traendly; J. Townsend,
opposition. Location of Property: South Side of Main Road (NYS Route 25), East Madon, adjacent
to Gardiners Bay. Based on the Building Inspector's January 30, 2008 Notice of Disapproval,
amended July 25, 2008, the applicant has submitted applications requesting:
A) ZBA # 6207 - a Waiver of Merqer under Article II, Sections 100-25 and 100-26
(renumbered 280-9 and 280-10), concerning County Tax Map Parcel Numbers 12 and 11,
in District 1000, Section 31, Block 14 which states: "Merger. A nonconforming lot shall
merge with an adjacent conforming or nonconforming lot which has been held in common
ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts
with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming
lots shall merge until the total lot size conforms to the current bulk schedule requirements."
B) and in the alternative, ZBA # 6264 Request for Variances for two proposed lots in this re-
division of land, requesting an area of less than the code-required 40,000 square feet of
buildable land under the Bulk Schedule for CTM Parcel 1000-31-14-11 and adjacent CTM
Parcel 1000-31-14-12; and
C) ZBA ~6154: Request for Variances under Section 280-124, based on the Building
Inspector's January 30, 2008 Notice of Disapproval, amended July 25, 2008 concerning a
proposed single-family dwelling (after demolition of an existing building) with a proposed
single side yard at less than the code required minimum of 10 feet, less than the required
combined side yards of 25 feet, and less than 35 feet from the front yard lot line, at 13000
Main Road, East Marion; CTM 31-14-11.
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 close ZBA hearing #6207, reserving decision and to adjourn hearing #6264 and
#6154 to a later date to be determined. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
3:55 P.M. ROMANELLI REALTY INC. (property formerly of Midgley): ZBA # 6268 by C. Mesiano,
Agent, John Romanelli, owner; also speaking was Lou Genovese with concerns for the building that
will be proposed. This application concerns property located at 36660 Route 25 (Main Road) and
Page 6 - Minutes
Regular Meeting held January 8, 2009
Southold Town Zoning Beard of Appeals
200 Skunk Lane, Cutchogue; CTM 97-3-3.1 and 97-3-6.1 (formerly 97-3-3 and 97-3~6), and is based
on the Building Inspector's December 17, 2007 Notice of Disapproval concerning an area variance
application for a change of lot line and the applicant's request for approval of an LB Business Zone
Parcel containing 63,338.05 square feet. The Notice of Disapproval states that the minimum lot size
requirement in the LB Zone District is 80,000 square feet, and the applicant requests approval of a
reduced lot size containing 63,338.05 square feet for County Tax Map Parcel 1000-97-3-3.1.
BOARD RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Chairman Goehdnger, seconded by
Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. RESOLUTION ADOPTED (SETTING OF NEXT HEARING CALENDAR}: Motion was offered by
Chairman Goehringer, seconded by Member Oliva, and duly carried, to advertise in the Town's
official newspaper public hearings for complete applications, to be held February 19, 2009 at a
Regular Meeting commencing at 9:30 A.M. at Southold Town Hall (Court Room), 53095 Main Road,
Southold. Vote ofthe Board: Ayes: All. This Resolution was duly adopted (5-0).
B. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member
Oliva, and duly carried, to set the next Special Meeting for Thursday, January 22, 2009 - 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. Reminders for site updates or other pending work reviews regarding pending noted for February
19, 2009 (awaiting additional information by February 12, 2009): Lloyd Kaplan #6221 at Soundview
Avenue, Southold; Hope Schneider # 6215 at Goldsmith's Inlet, Southold; Jennifer Stork # 6232 and
# 6187 at Peconic Bay Boulevard, Laurel.
D. The following work session items were tabled to the next meeting of Thursday, January 22, 2009:
(1) Possible ZBA reply to letter regarding map correction by surveyor under W. Tumbull # 6152; (2)
possible reply to John Winters' letter of complaint to Christopher Astley concerning the applicant's
relocation of the air-conditioning unit under ZBA # 6004.
E. RESOLUTION ADOPTED (APPROVAL OF MINUTES): Motion was offered by Chairman
Goehdnger, seconded by Member Weisman, and duly carded, to accept and authorize filing of
Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held November 13, 2008 and
December 4, 2008. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
There being no other business properly coming before the Board at this time, Chairman Goehringer
declared the meeting adjourned. The meeting was adjourned at 4:10 P.M.
~.~.~eCard P. Goehringer, C~irma~l/~¥'/2009
Approved for Filing
Resolution Accepting for Filing 1/22/2009
Respectfully submitted,
Southold Town Cler~