HomeMy WebLinkAboutZBA-03/19/2009APPEALS BOARD MEMB~I~
Gerard P. Goehringer, Chairman
Ruth D. Oliva
Michael A. Simon
Leslie Kanes Weisman
Ken Schneider
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.nct
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, MARCH 19, 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, March 19, 2009 commencing at 9:30 A.M.
Present were:
Gerard P. Goehringer, Chairman/Member
Ruth D. Oliva, Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Ken Schneider, Member
Jennifer Andaloro, Assistant Town Attorney
Linda Kowalski, ZBA Confidential Secretary
9:30 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 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:
M. MENSCH, LLC and NORTH FORK SELF-STORAGE # 6259.
STEVEN and CHRISTINE GARMS # 6260.
JAMES and DENISE MARTIN #6262.
E. MARELIC #6255.
FRANK ZAGARINO TRUST by Carey Zagarino # 6257.
BRIAN FRAWLEY # 6261.
FRANK PALILLO and DIANE PALILLO # 6263.
MARY E. MANNING # 6265.
PETER and GAlL SCHEMBRI #6256 and #6276 as amended.
HIGHLAND HOUSE FI, LLC #6253.
PAUL KATZ #6258.
KEVIN B. and JEANINE FAGA #6281 (amended) and 6243.
Page 2 - Minutes
Regular Meeting held March 19, 2009
Southold Town Zoning Board of Appeals
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
B. Other - ROMANELLI REALTY lNG. # 6224 confirmed status as pending via Planning Board as
Lead Agency: concerning Special Exception for commercial use as contractor yard(s).
PUBLIC HEARINGS: The following public hearings were held, with Cha/rman Goehringer
introducing each application, and Member reading of the Legal Notice as published:
9:30 A.M. M. MENSCH, LLC and NORTH FORK SELF-STORAGE #6259. Martin
Kosmynka spoke in behalf of this application. Request for Variances, based on the
Building Inspector's November 25, 2008 Notice of Disapproval, which states that a
proposed public self-storage building with an Apartment is not permitted, for the following
reasons: (1) under Section 280-64C, no single structure shall have more than 60 linear
feet of frontage on one street and the building will exceed this frontage along Depot Lane,
and further, (2) under Section 280-62C Accessory Uses, an Apartment is not a permitted
accessory use. Location of Property: 115 Commerce Drive, Cutchogue; CTM 96-1-1.2.
BOARD RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
9:40 A.M. STEVEN and CHRISTINE GARMS # 6260. Kathleen Quigley, Swim King Pools
and K. Garms spoke in behalf of this application. Request for a Variance under Section
280-15, based on the Building Inspector's November 24, 2008 Notice of Disapproval
concerning a proposed swimming pool in a side yard instead of the code-required rear
yard, at 425 Rene Drive, Southold (Lot 3 on the 1978 Map of Gendron Minor Subdivision);
CTM 54-6-4.1. 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).
9:55 A.M. JAMES and DENISE MARTIN #6262. Ural Talgart, Agent spoke in behalf of
this application. Request for a Variance under Section 280-114, based on the Building
Inspector's November 7, 2008 Notice of Disapproval concerning proposed one-story
additions and alterations to the existing dwelling, which new construction will be less than
the code-required front yard setback of 60 feet on this 160,781 square foot parcel, located
at Meadow Beach Lane extension (129 Suter's Right-of-Way), Mattituck; CTM 116-4-31.
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).
10:05 A.M.E. MARELIC #6255. Pat Moore Esq. speaking in behalf of the applicants who
were also present. Request to Waive merger of two properties under Zoning Code Section
280-11, based on the Building Inspector's November 24, 2008 Notice of Disapproval, citing
Section 280-10. This property is shown on the Map of Bay Haven, Lots 32 and 33 as: (1)
CTM 88-4-19 as vacant land, with a nonconforming area of +/- 17,500 square feet, and (2)
CTM 88-4-18 as an improved parcel, with a nonconforming area of +/- 17,500 square feet,
at 1160 and 1000 Bay Haven Lane, Southold. 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
Page 3 - Minutes
Regular Meeting held March 19, 2009
Southold Town Zoning Board of Appeals
hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
10:20 A.M. FRANK ZAGARINO TRUST by Carey Zagarino # 6257. Jody Giglio of
Bennett Enterprises and Mr. Zagarino spoke in behalf of this application. Requests for
Variances under Section 280-124, based on the Building Inspector's November 14, 2008
Notice of Disapproval concerning a new single-family dwelling (after demolition of the
existing building), for the reasons that the new construction: (1) will exceed the code-
limitation of 20% lot coverage on this 8,711 square foot lot, and (2) will be less than the
code-required 35 ft. minimum rear yard setback. Location of Property: 200 South
Oakwood Drive (westerly side), at Laurel, also shown on the Map of Laurel Park as Lot 15
and part of 16; CTM 1000-145-3-3.1. BOARD RESOLUTION: (Please see transcript of
written statements prepared under separate cover.) After receiving testimony, motion was
offered by Member Oliva, seconded by Member Weisman, to adjourn the hearing to April
23, 2009 at 1:15 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-
0).
10:47 A.M. RESOLUTION (BREAK): Motion was offered by Member Weisman,
seconded by Chairman Goehringer, to take a short recess. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
10:55 A.M. RESOLUTION (RECONVENED): Motion was offered by Member
Weisrn'an, seconded by Chairman Goehringer, 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 Chairm~n Goehringer introducing each application, and Member reading of the
Legal Notice as published:
10:55 A.M. BRIAN FRAWLEY # 6261. Fred Weber, Architect spoke in behalf of the
applicant. Request for Variances based on the Building Inspector's November 3, 2008
Notice of Disapproval and Zoning Code Interpretation # 5039 (Walz Application), citing
Code Sections 280-112 and 280-124 for the minimum required side yard setbacks on
nonconforming lots (51,955 square feet in this R-80 Zone). The applicant is proposing a
new dwelling at less than 20 feet on a single side yard and less than 40 feet for total side
yards. Location of Property: 4545 Hallock Lane (a private road), Mattituck; CTM 1000-
112-1-2. BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Simon, to close the hearing, reserving decision subject
to Soil & Water response. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
11:10 A.M. FRANK PALILLO and DIANE PALILLO # 6263 by Robert Barrett, Engineer
speaking in behalf of the applicants. Request for a Variance under Sections 280-116-C
and 280-124, based on the Building inspector's December 2, 2008 Notice of Disapproval
concerning proposed additions and alterations 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 less than 75 feet from Great Pond (freshwater). Location of Property: 7433
Soundview Avenue, Southold; CTM 59-6-5.1. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the
hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
Page 4 - Minutes
Regular Meeting held March 19, 2009
Southold Town Zoning Board of Appeals
11:28 A.M. MARY E. MANNING # 6265. Request for an Interpretation and/or Variance
under Section 280-124, based on the Building Inspector's revised December 12, 2008
Notice of Disapproval concerning a proposed addition to the existing single-family dwelling:
(1) which will be less than the code-required minimum 10 ft. side yard, and (2) which new
construction will place the existing garage in a side yard instead of the code-required rear
yard, at 700 Terry Lane, Southold; CTM 65-1-12. 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).
11:34 A.M. PETER and GAlL SCHEMBRI #6256 and #6276 as amended. Requests for
the Variances, based on the Building Inspector's January 20, 2009 amended Notice of
Disapproval concerning: (1) a proposed rear addition to the existing dwelling with a
setback at less than 100 feet from the top of the bluff adjacent to the Long Island Sound,
and (2) concerning a proposed single-story addition to the existing dwelling with a setback
at less than the code-required 15 feet on a single side yard on this 24,053 square foot
nonconforming lot. Location of Property: 1425 Sound View Road, Orient, CTM 15-3-16.
BOARD RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Weisman, to close the hearing, reserving decision. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
12:10 P.M. RESOLUTION (BREAK): Motion was offered by Member Oliva,
seconded by Member Weisman, to take a short recess. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
12:29 P.M. RESOLUTION (RECONVENE): Motion was offered by Chairman
Goehringer, 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:
12:30 P.M. HIGHLAND HOUSE FI, LLC #6253. Steve Ham, Esq. and Ms. Laurence,
Architect, both speaking in behalf of the applicant. Request for a Variance under Section
280-121G, based on the Building Inspector's November 10, 2008 Notice of Disapproval
concerning proposed alterations to an existing detached garage with (nonconforming)
apartment above. The reasons stated are that "whenever a nonconforming use of a
building or premises has been discontinued for a period of more than two years or has
been changed to a higher classification or to a conforming use, anything in this article to
the contrary notwithstanding, the nonconforming use of such building or premises shall no
longer be permitted, unless a variance therefore shall have been granted by the Board of
Appeals. The building Inspector's Notice of Disapproval is based on a Pre-Existing
Certificate of Occupancy application inspection report dated 10/27/08 that states that the
existing detached garage with apartment above has not been used in years. Location of
Property: Oceanview Avenue and Heathulie Avenue, Fishers Island; CTM Parcel 1000-9-
11-7.12. 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 subject to
Page 5 - Minutes
Regular Meeting held March 19, 2009
Southold Town Zoning Board of Appeals
receipt ,of letter regarding types of conditions. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
12:48 P.M. PAUL KATZ #6258. Nancy Dwyer, Designer speaking in behalf of the
applicant. Request for a Variance under Section 280-15(F), based on the Building
Inspector's June 23, 2008 Notice of Disapproval concerning a proposed accessory garage
at a setback of less than the code-required minimum of 50 feet from the front yard lot line,
at Mattituck Creek, 100 West Mill Road, Mattituck; CTM 113-4-2. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairman Goehringer, seconded by Member
V~eisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
12:55 P.M. KEVIN B. and JEANINE FAGA #6281 (amended) and #6243. Fred Weber,
Architect spoke in behalf of the applicants. Requests for Variances under Sections 280-
124 and 280-116B, based on the Building Inspector's February 23, 2009 amended Notice
of Disapproval concerning proposed additions and alterations to the existing single-family
dwelling at less than the code-required minimum of 10 feet on a single side yard and less
than 75 feet from the existing bulkhead adjacent to Orient Harbor, at 12580 Main Road,
East Marion; CTM Parcel 1000-31-14-8.2. 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 (5-0).
1:10 P.M. ROMANELLI REALTY, INC. #6224 and #6100. (Carryover from December 4th
Hearing for additional information). Catherine Mesiano, Agent with John Romanelli.
Location of Property: 36660 Route 25 (South Side of Main Road), Cutchogue; CTM 97~3-
3.1 (formerly 97-3-3). Requests for the following 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 three principal buildings on this 63,338
square foot lot in a LB Limited Business Zone District.
(1) Special Exception for a contractor's yard under Section 280-40B-2;
(2) Variances for proposed construction of three buildings, which are not permitted for the
reason that Section 280-24A, Bulk Schedule allows one use per 80,000 square feet in the
Limited Business (LB) Zone, and the proposed three buildings constitute three distinct uses
(on less than 240,000 square foot lot size);
(3) Variance for proposed Building #1 regarding linear frontage exceeding the 60 feet,
which is not permitted under Section 280-43C;
(4) Variance for proposed Building #2 at less than 75 feet from the rear property line,
Section 280-42A;
(5) Variance for proposed Building #3 at less than 20 feet from the side lot line, Section
280-42A.
1:22 P.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer,
seconded by Member Oliva, to take a short recess. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
1:26 P.M. RESOLUTION (RECONVENE): Motion was offered by Member
Weisman, seconded by Chairman Goehringer, to reconvene the meeting. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 6 - Minutes
Regular Meeting held March 19, 2009
Southold Town Zoning Board of Appeals
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:
1:26 P.M. ROMANELLI REALTY, INC. #6224 and #6100. RECONVENED (Carryover
from December 4th Hearing for additional information). Catherine Mesiano, Agent with
John Romanelli. Location of Property: 36660 Route 25 (South Side of Main Road),
Cutchogue; CTM 97-3-3.1 (formerly 97-3-3). BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Members Simon and Oliva, to
adjourn the hearing to June 25, 2009 at 1:45 p.m. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
RESOLUTIONS/UPDATED REVIEWS/OTHER:
RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded
by Member Weisman, and duly carried, to advertise in the Town's official
newspaper public hearings for complete applications, to be held April 23, 2009
at a Regular Meeting commencing at 9:30 A.M. at Southold Town Meeting
Hall, 53095 Main Road, Southold. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
Chairman Goehringer confirmed the next Special Meeting Thursday, April 14,
2009 at 6 PM, in the Town Hall Annex (Capitol One Building) Second Floor
Executive Board Room, Youngs Avenue, Southold.
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 WITH CONDITIONS:
Diane and Henry Hobbs # 6247
DENIED and GRANTED ALTERNATIVE RELIEF WITH. CONDITIONS:
Lewis Topper # 6248
There being no other business properly coming before the Board at this time,
Chairman Goehringer declared the meeting adjourned. The meeting adjourned at 3:30
P.M.
cluded byR rence: lied
/ Ge_.~ P. Goehringer, ClShirma
[ .,..d~proved for Filing t
~'~ Resolution Accepting for Filing/
Respectfully submitted,
s: (2)
/~// [/"/ /2009
/14/2009
Southold Town Clerk