HomeMy WebLinkAboutZBA-04/23/2009Office Location:
Town Annex/Fi~t Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailin~ Address:
53095 Main Road
RO. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, APRIL 23, 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, April 23, 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
Jennifer Andaloro, Assistant Town Attorney
Linda Kowalski, ZBA Confidential Secretary
Absent was: Ken Schneider, Member
9:30 A.M. - 10:05 A.M. Court Arraignment
10:07 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:
I. A. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA):
BOARD RESOLUTION: Motion was made by Member Weisman, 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:
EFSTATHIOS and MARYANN KATSOULAS # 6270.
MADELINE DROEGE # 6267
ROBERT and BETH ANELLO #6242
PETER BACCILE and KATHERINE BACCILE #6266
DAVID BERWALD # 6250
ERIC McCLURE # 6269
ALAN CARDINALE, JR. #6246
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Schneider
was absent.
Page 2 - Minutes
Regular Meeting held April 23, 2009
Southold Town Zoning Board of Appeals
B. Confirmed no action status - pending via Lead Agency: ROMANELLI REALTY 1NC. #
6224 - Special Exception for commercial use as contractor yard.
C. Confirmed no action status - pending via Lead Agency): E and C PROPERTY
HOLDING, INC. with EDUCATIONAL & CULTURAL FUND OF THE JOINT INDUSTRY
BOARD FOR THE ELECTRICAL 1NDUSTRY #6245 - special Exception for meeting house;
special exception for motel units.
II. PUBLIC HEARINGS with introduction by ZBA with readinq of Le,qal Notice: The following
public hearings were held, with Chairman Goehringer introducing each application, and
Member reading of the Legal Notice as published:
10:07 A.M. EFSTATHIOS and MARYANN KATSOULAS # 6270. Request for Variances
under Sections 280-122 and ZBA Interpretation # 5039 (R. Walz) based on the Building
Inspector's November 12, 2008 Notice of Disapproval concerning proposed additions and
alterations to the existing dwelling, which new construction will constitute an increase in the
degree of front yard setback and lot coverage non-conformances. Location of Property:
1175 First Street, New Suffolk; CTM Parcel 117-7-27. 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 11:30 a.m. for amended Notice of Disapproval by Building Inspector
for lot coverage. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Member Schneider was absent.
10:22 A.M. MADELINE DROEGE # 6267. Fred Markum, Peconic Permit Expediting for
applicant; A. Wickham, Esq. opposition. Request for a Special Exception in accordance
with Code Section 280-13B(14) for establishment of an Accessory Bed and Breakfast, as
an accessory use in the existing single-family dwelling, with owner-occupancy, for the
purpose of lodging (two guest bedrooms) and serving of breakfast for up to ten (10) casual,
transierit roomers, at 885 Petty's Drive, Orient, a/k/a as Lot 6 on the filed Map of Petty's
Bight; CTM Parcel #1000-14-2-24. 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 adjourn the hearing, to
May 28, 2009 at 1:15 p.m. for appearance by owner and parking inspection. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0). Member Schneider was
absent.
10:56 A.M. ROBERT and BETH ANELLO #6242. P. Moore, Esq. Request for Variances
under Sections 280-124, 280-122 and ZBA Code Interpretation under R. Walz #5039,
based on the Building Inspector's amended October 29, 2008 Notice of Disapproval. New
construction is proposed as additions and alterations to the existing single-family dwelling
at less than the code-required minimum concerning: (1) side yard less than 10 feet, (2)
total side yards less than 25 feet. In addition a Variance is request for lot coverage
exceeding the code limitation of 20% on this nonconforming 6,825 square foot lot located
at 1980 Leeton Drive, Southold, adjacent to the Long Island Sound. 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, subject receipt of information regarding non-turf
buffer, lot coverage, figures on walkway-pavers and amended Notice of Disapproval from
Building Inspector. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Member Schneider was absent.
Page 3 - Minutes
Regular Meeting held April 23, 2009
Southold Town Zoning Board of Appeals
11:32 A.M. EFSTATHIOS and MARYANN KATSOULAS # 6270 RECONVENED. Request
for Variances under Sections 280-122 and ZBA Interpretation # 5039 (R. Walz) based on
the Building Inspector's November 12, 2008 Notice of Disapproval concerning proposed
additions and alterations to the existing dwelling, which new construction will constitute an
increase in the degree of front yard setback and lot coverage non-conformances. Location
of Property: 1175 First Street, New Suffolk; CTM Parcel 117-7-27. 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 clarification of lot
coverage information from applicant's architect. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Member Schneider was absent.
11:36 A.M. ANDREW and ELIZABETH GREENE #6235 (as amended 3~24~09). P. Moore,
Esq. Request for a Variance under Code Section 280-14, based on the Building Inspector's
March 20, 2008 Notice of Disapproval concerning an amended application for a building
permit lo construct an addition (conditioned space) to attach the as-built construction to the
dwelling, which as-built construction will be less than the code-required 20 ft. minimum
from the side. yard. Please nNote: The applicant withdrew the previous application
pertaining to a non-permitted use of the as-built accessory building. Location of Property:
30653 C.R. 48 (a/k/a 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 close the hearing, reserving decision. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Member Schneider was absent.
11:47 A.M. PETER BACCILE and KATHERINE BACCILE #6266. S. Ham Esq., for
applicant; P. Moore, Esq., opposition representing Mr. Bonsai. Request for a Variance
under Section 280-15 based on the Building Inspector's October 16, 2008 Notice of
Disapproval concerning a proposed accessory garage-storage building proposed in a side
yard location at Equestrian Avenue (north/east of Oceanview Avenue), Fishers Island;
CTM 1000-9-3-11. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by
Chairm'an Goehringer, seconded by Member Weisman, to close the hearing, reserving
decisio~ pending written information to follow from both attorney discussions during today's
Public Hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Member Schneider was absent.
12:07 P.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer,
seconded by Member Weisman, to take a 10 minute break. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Member Schneider was absent.
12:20 P.M. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer,
seconded by Member Oliva, to reconvene the meeting at this time. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Schneider was absent.
Page 4 - Minutes
Regular Meeting held April 23, 2009
Southold Town Zoning Board of Appeals
II. PUBLIC HEARINGS, continued: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as
published:
12:20 P.M. DAVID BERWALD # 6250. P. Moore, Esq., attorney for applicant and Joseph
Fischetti, P.E. Request for Variances under Sections 280-124 and 280-116A(1) based on
the Building Inspector's April 6, 2009 amended Notice of Disapproval concerning proposed
new dwelling construction (after demolition of the existing dwelling). The new construction
will be less than the code required minimum: (a) single side yard at less than 10 feet, (b)
combined side yards at less than 25 feet, (c) setback less than 100 feet to the bluff
adjacent to the Long Island Sound. In addition, a variance is requested for lot coverage in
excess of the code limitation of 20 percent of the lot size after deducting land area below
the top of bluff. Location of Property: 1525 Aquaview Avenue, East Marion; CTM Parcel
22-2-3. BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Weisman, to close the hearing, reserving decision
pending receipt of calculations of lot coverage with alternative relief diagram and
engineer's (J. Deerkoski) report. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Member Schneider was absent.
12:45 P.M. ERIC McCLURE # 6269. J. Fitzgerald, Proper-T-Permit Services. Requests
for Variances under Section 280-124 based on the Building Inspector's November 24,
2008 Notice of Disapproval concerning proposed deck construction (surrounding pool)
which Will be less than the code required minimum single side yard setback of 15 feet and
less than the minimum required combined side yards of 35 feet, after removal of an
existing preexisting deck, at 435 Westview Drive, Mattituck, adjacent to Long Creek; CTM
Parcel # 139-1-23. 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
Schneider was absent.
12:53 P.M.P. Moore, Esq. attorney for E and C PROPERTY HOLDING, INC. and
EDUCATIONAL & CULTURAL FUND OF THE JOINT INDUSTRY BOARD FOR THE
ELECTRICAL INDUSTRY #6245 (former owner: Demetriades, Santorini
Restaurant/Motel). Ehasz Giacalone, Architect; Location of Property: 3800 Duck Pond
Road, Cutchogue adjacent to L.I. Sound, CTM Parcel 1000-83-2-17.3. The applicant
requests the following, based on the Building Inspector's amended October 20, 2008
Notice of Disapproval:
(a) Variance under Zoning Code Section 280-36 based on an application for a
'building permit to construct a new building which will exceed the code limitation of
2~ stories;
(b) Special Exception under Zoning Code Section 280-35B to construct and
establish use as a conference facility for member private training and education
classes; and
(c) Special Exception under Zoning Code Section 280-35B concerning as-built
Motel units in former accessory pool house building.
(This hearing continued at 1:33 P.M.)
Page 5 - Minutes
Regular Meeting held April 23, 2009
Southold Town Zoning Board of Appeals
1:15 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 (4-0). Member Schneider was absent.
1:33 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 (4-0). Member Schneider was absent.
II. PUBLIC HEARiNGS, continued: The following public hearings were held, with
Chairman Goehringer introducing each application, and Member reading of the Legal
Notice as published:
1:33 P.M. (RECONVENED) P. Moore, Esq. attorney for E and C PROPERTY HOLDING,
INC. and EDUCATIONAL & CULTURAL FUND OF THE JOINT INDUSTRY BOARD FOR
THE ELECTRICAL INDUSTRY #6245 (former owner: Demetriades, Santorini
Restaurant/Motel). Ehasz Giacalone Architect; Location of Property: 3800 Duck Pond
Road, Cutchogue adjacent to L.I. Sound, CTM Parcel 1000-83-2-17.3. The applicant
requests the following, based on the Building Inspector's amended October 20, 2008
Notice of Disapproval:
(a) Variance under Zoning Code Section 280-36 based on an application for a
building permit to construct a new building which will exceed the code limitation of
2~ stories;
(b) Special Exception under Zoning Code Section 280-35B to construct and
~establish use as a conference facility for member private training and education
classes; and
:(d) Special Exception under Zoning Code Section 280-35B concerning as-built
Motel units in former accessory pool house building.
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 without a date pending SEQR, an
amended Notice of Disapproval, storm water issue and neighbor concern regarding noise
issue. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member
Schneider was absent.
2:08 P.M. ALAN CARDINALE, JR. #6246. Bill Goggins, Esq. Request for Variances under
Sections 280-15C, 280-18, 280-116B, based on the Building Inspector's October 20, 2008
Notice of Disapproval concerning a proposed accessory garage under construction (after
as-built demolition of an accessory garage), which new construction is proposed at less
than the code-required minimum: (a) less than 50 feet for the front yard setback and (b)
less than 75 feet from the bulkhead. Location of Property: 1134 Bridge Lane, Cutchogue;
CTM Parcel 1000-118-1-9 adjacent to Wunneweta Pond. 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 LWRP reply from applicant or his attorney.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Schneider
was absent.
2:38 P.M. Jodi Giglio, Bennett Enterprises for FRANK ZAGARINO TRUST by Carey
Zagarino # 6257. 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
Page 6 - Minutes
Regular Meeting held April 23, 2009
Southold Town Zoning Board of Appeals
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 Chairman Goehringer, seconded
by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Member Schneider was absent.
2:50 P.M. GEORGE YATRAKIS # 6237 by P. Moore, Esq. Also speaking (in opposition)
was Beatrice Dupont. Request for Variances under Sections 280-15C and 280-116A(1)
based applicant's amended application and the Building Inspector's amended April 3, 2009
Notice of Disapproval concerning a proposed dwelling with trellis addition and swimming
pool construction at less than 100 feet from the top of the bluff or bank on lots adjacent to
the El. Sound, at 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 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 Schneider was absent.
3:25 P.M. MICHAEL and THERESE HUGHES #6236 (Continued Hearing). 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
Property: 9525 Main Road, Mattituck; CTM 1000-122-6-13. BOARD RESOLUTION:
(Please see transcript of written statements i3repared 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 (4-0). Member Schneider was absent.
III. DELIBERATIONS/DECISION: 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 AS APPLIED
JAMES and DENISE MARTIN # 6262
IV. RESOLUTiONS/UPDATED REVIEWS/OTHER:
A. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by
Member Weisman, and duly carried, to advertise in the Town's official newspaper public
hearings complete applications to be held May 28, 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 (4-0). Member Schneider was
absent.
B. Chairman Goehringer confirmed the next Special Meeting: Tuesday, May 19, 2009 at
6 PM, in the Town Hall Annex (Capitol One Building) Second Floor Executive Board Room,
Youngs Avenue, Southold.
Page 7 - Minutes
Regular Meeting held April 23, 2009
Southold Town Zoning Board of Appeals
V. POSSIBLE 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 4:05
P.M.
Include~e fe ren~. F~
/.~erard P. Goeln'inger, Chairm
Approved for Fihng ~
Resolution Accepting for Filing
Respectfully submitted,
a Kowalski 5/19/2009
5/28/2009
RECEIVED
g/De>An')
JUN 1 2009
own