HomeMy WebLinkAboutZBA-07/24/2008APPEALS BOARD MEMBERS
James Dinizio, Jr.
Gerard E Goehringer, Chairman
Ruth D. Oliva
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.north fork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, JULY 24, 2008
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
RECEIVED '. ~5
JUL 2 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, July 24,
2008 commencing at 9:30 A.M.
Present were:
Gerard P. Goehringer, Chairman/Member
Ruth D. Oliva, Member
James Dinizio, Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member (left 2:45 pm)
Kieran Corcoran, Assistant Town Attorney (9:40-12; 1:35-end)
Linda Kowalski, ZBA Confidential Secretary
9:40 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. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD
RESOLUTIONi Motion was made by Member Oliva, seconded by Chairman Goehringer, to
declare the following Declarations: Type II Actions, with no further steps regarding requests
setback or dimensional variances:
J. and A. MAZUR #6176
STEIN FAMILY TRUST #6179
WILLIAM LUTKOWSKI #6185
VINCENT and MAUREEN PAPA #6183
PINE NECK HOLDINGS #6180
GREGORY SCHWEITZER and STACEY SCHWEITZER #6184
ARTHUR R. TORELL #6182
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 2 - Minutes
Regular Meeting held July 24, 2008
Southold Town Zoning Board of Appeals
II. RESOLUTONS/DELIBERATIONS/DECISIONS OR OTHER: The Chairman temporarily tabled
for later in between Public Hearings.
III. PUBLIC HEARINGS: The following public hearings were held, with Member reading of the
Legal Notice as published for each. (Please also see transcript of statements (with written to be
prepared for the record by Court Reporter Erika Nadeau.)
9:41 A.M.J. and A. MAZUR #6176 by P. Moore, Esq.. Requests for Variances under
Section 280-124, based on the Building Inspector's June 27, 2008 amended Notice of
Disapproval concerning a proposed deck addition to dwelling at less than 35 feet from the
front lot line and proposed lot coverage exceeding the code limitation of 20%, at 3200
Camp Mineola Road (and Fay Court), Mattituck; CTM 123-5-36.2. 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).
10:12 A.M. ADJOURNMENT RESOLUTION: Motion was offered by Chairman
Goehringer, seconded by Member Weisman to adjourn, until after the Justice Court
completes a Court Arraignment session. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
10:36 A,M. RECONVENE RESOLUTION: Motion was offered by Member Weisman,
seconded by Chairman Goehringer, to reconvene the meeting. Vote of the Board: Ayes:
Ali. This Resolution was duly adopted (5-0).
10:36 A.M. STEIN FAMILY TRUST #6179 by Ray Nemschik, Architect. Request for
Variances under Sections 280-15 and 280-124B, based on the Building Inspector's May 7,
2008 Notice of Disapproval concerning: (a) proposed additions and alterations to the
existing single-family dwelling with a new front yard setback at less than the code-required
35 feet, (b) an addition to the existing accessory garage which is required to be in the rear
yard, (c) all new construction will exceed the code limitation of 20% maximum lot
coverage. Loca. tion: 2535 Cedar Lane, East Marion; CTM 37-4-10. 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).
10:56 A.M. WILLIAM LUTKOWSKI #6185 by Bill Lutkowski. Request for a Variance under
Section 280-124 (setback schedule), based on the Building Inspector's April 18, 2008
Notice of Disapproval concerning a proposed new dwelling (after demolition of the existing
dwelling), proposed with front yard setback(s) at less than 35 feet. Location of Property:
595 Pine Avenue and Birch Avenue, Southold; CTM 77-2-25. 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 subject to drainage information. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 3 - Minutes
Regular Meeting held July 24, 2008
Southold Town Zoning Board of Appeals
III. PUBLIC HEARINGS, continued: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as published:
11:08 A.M. VINCENT and MAUREEN PAPA #6183, Vincent and Maureen Papa present.
Request for a Variance under Section 280-124, based on the Building Inspector's April 21,
2008 Notice of Disapproval concerning an as-built deck addition to the existing single-
family dwelling, which is less than the code required 50 ft. rear yard setback, at 75 First
Street, Laurel; CTM 126-10-9.5. BOARD RESOLUTION: (Please see transcript ofwritten
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).
11:15 A.M. PINE NECK HOLDINGS #6180 by Rob Lehnert, Peconic Permit Expediting.
Request for a Variance under Section 280-116B, based on the Building Inspector's May
13, 2008 Notice of Disapproval concerning a deck addition to the existing single-family
dwelling at less than 75 feet from the existing bulkhead, at 1475 Pine Neck Road,
Southold; CTM 70-5-40. 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 adjourn to August 21,2008 at
3:00 p.m. for alternate/amended plan and response to LWRP. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
11:24 A.M. GREGORY SCHWEITZER AND STACEY SCHWEITZER #6184 by Cathy
Quigley, Swim King Pools. Request for a Variance under Section 280-15, based on the
Building Inspector's May 6, 2008 Notice of Disapproval concerning a proposed accessory
swimming pool in a yard other than the code-required rear yard, at 385 Wendy Drive,
Laurel; CTM 127-8-9. 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).
11:35 A.M. ARTHUR R. TORELL # 6182 by Charles R. Cuddy, Esq.. Requests for
Variances under Sections 280-18 (Bulk Lot Area Schedule) and 280-124 (Setback
Schedule), based on the Building Inspector's amended May 21, 2008 Notice of
Disapproval concerning: (1) a proposed lot area with a new nonconformity of 19,028
square feet in size, instead of 21,458 square feet, resulting in the remaining lot which will
become more conforming at 27,196 square feet instead of 24,756 square feet; (2) a
proposed single-family dwelling at less than 40 feet from the rear lot line. Location: 365
Westwood Lane; CTM 33-2-11 and 33-2-10. 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. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
II. RESOLUTONS/DELIBERATIONS/DECISIONS OR OTHER: The Board deliberated on the
following applications, and the original decisions authorized to be signed by the Chairman and filed
with the Southold Town Clerk:
ALTERNATIVE RELIEF
PATRICIA AND THOMAS NADHERNY #6151. Request for a Variance under Section 280-
122, based on ZBA #5039 Zoning Code Interpretation (Walz), and under Section 280-114,
based on the Building Inspector's March 21,2008 Notice of Disapproval concerning
Page 4 - Minutes
Regular Meeting held duly 24, 2008
Southold Town Zoning Board of Appeals
proposed alterations to existing foundation without creating a new nonconforming, and for
a second-story addition over the existing first floor of the single-family dwelling. The
reason stated in disapproving the building permit is that the new construction is not
permitted as an increase in the degree of existing easterly setback nonconformance which
exists at less than 15 feet, at 1025 Pine Neck Road, land adjacent to Jockey Creek,
Southold; CTM 70-5-34. BOARD RESOLUTION: Motion was offered by Member
Weisman, seconded by Member Oliva to grant Alternative Relief. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
ALTERNATIVE RELIEF WITH CONDITIONS
RICHARD and BETSY PERKINS #6177. Requests for Variances under Section 280-15,
based on the Building Inspector's amended May 1,2008 Notice of Disapproval concerning
a proposed accessory garage which will: (1) exceed the code limitation of 22 feet in height
maximum, and (2) exceed the code limitation of 750 square feet maximum on a lot
measuring 42,750 square feet in size. Location: 305 Ole Jule Lane, Mattituck; CTM 114-
12-14.2. BOARD RESOLUTION: Motion was offered by Member Simon, seconded by
Member Weisman, to grant Alternative Relief with Conditions. Vote of the Board: Ayes 4-
0. Member Dinizio abstained.
APPROVED WITH CONDITIONS
CLAIRE and ROB RICCIO #6140. Requests for Variances under Sections 280-15 and
280-116B, based on the Building Inspector's amended February 6, 2008 Notice of
Disapproval concerning proposed new construction. The reasons stated in the disapproval
of the building permit application are: (1) the proposed new dwelling construction will be
less than 75 feet from the bulkhead, (2) the proposed swimming pool will be in a side yard
instead ora code-required rear yard; and (3) in addition, the applicants request a Variance
under New York Town Law, Section 280-a to determine the need for base improvements
and clearance within the right-of-way easement giving access to this property from Indian
Neck Lane. Location of Property: Private Right-of-Way extending from the Southerly Side
of Indian Neck Road (House #6512), Peconic; CTM 98-6-1. BOARD RESOLUTION:
Motion was offered by Member Simon, seconded by Chairman Goehringer, to approve with
conditions. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
12:10 P.M. RESOLUTION (BREAK till 1 PM): Motion was offered by Chairman
Goehringer, seconded by Member Weisman, to recess for lunch. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
1:00 P.M. RESOLUTION (RECONVENE): Motion was offered by Member Oliva,
seconded by Member Simon, to reconvene the meeting. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
III. PUBLIC HEARINGS1 continued: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as published:
1:02 P.M. GREG and KARMEN DADOURIAN #6131 by P. Moore, Esq. Mr. and Mrs.
Demetriadis and Mrs. Droedge in opposition. Request for Variances under: (1) Section
280-124, and (2) Section 280-15, both based on the Building Inspector's December 28,
2007 Notice of Disapproval concerning the location of a new dwelling at less than 40 feet
from the code-required minimum front yard setback, and for a swimming pool ~ocated in a
side yard rather than the code required front yard or rear yard for this waterfront parcel,
located at 695 Perry's Drive at Long Island Sound, Orient; CTM 14-2-23. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
Page 5 - Minutes
Regular Meeting held July 24, 2008
Southold Town Zoning Board of Appeals
cover.) After receiving testimony, motion was offered by Member Weisman, seconded by
Member Oliva, to close the verbal portion of hearing, and extend the written portion to
7/31/08 3:00 p.m: Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
2:14 P.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).
2:17 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).
III. PUBLIC HEARINGS, continued: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as published:
2:17 P.M. Reserved Hearing (Carryover): HENRY TRAENDLY and BARBARAA.
CADWALLADER #6154. Requests for Variances under Section 280-124, based on the
Building Inspector's January 30, 2008 Notice of Disapproval concerning a proposed single-
family dwelling with one side yard at less than the code required minimum of 10 feet, and
with both side setbacks less than the required combined total of 25 feet, and less than 35
feet from the front yard lot line (after demolition of an existing building) at 13000 Main
Road, East Marion adjacent to Gardiners Bay; CTM 31-14-11. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Member Simon, seconded by Member
Weisman, to adjourn to September 25, 2008 at 2:45 p.m. for an alternate map by surveyor
to show setbacks for 38' lot. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
2:45 P.M. Member Weisman left.
2:46 P.M. Reserved Hearing (Carryover): EVE SEBER and CARLO VOELKER #6156 by
Bill Gorman. Requests for Variances under Section 280-114, based on the Building
Inspector's amended March 28, 2008 Notice of Disapproval, for the reason that the
proposed second-story addition and alterations to the existing single-family dwelling will not
meet the code-required minimum 15 feet on a single side yard and will exceed the code
limitation of 20 percent for lot coverage. Location of Property: 3025 Pine Neck Road
adjacent to Jockey Creek, Southold; CTM 7046-18. 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 Weisman was absent.
2:58 P.M. Reserved Hearing (Carryover): ,JOHN SCOURAKIS #6157 by Pat Moore, Esq.
Request for Variances under Sections 280-124 and 280-116, based on the Building
Inspector's March 17, 2008 Notice of Disapproval concerning a proposed new single-family
dwelling (with a new foundation after demolition of the existing buildin¢), for the reasons
that: (1) the setback from the top of the bluff adjacent to the Long Island Sound will be
less than 100 feet; (2) the minimum code standards under Sections 280-9 and 280-10
require a minimum of 15 feet on a single side and minimum 35 feet combined side yard
setbacks; (3) the lot coverage will exceed the code limitation of 20% with a buildable lot
size of 13,369 square feet. Location: 955 Soundview Avenue Extension, Southold; CTM
50-2-10 and 11, combined as a single building lot. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Members Oliva and Simon, to
Page 6 - Minutes
Regular Meeting held duly 24, 2008
Southold Town Zoning Board of Appeals
close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0). Member Weisman was absent.
III. PUBLIC HEARINGS, continued: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as published:
3:10 P.M. JOSEPH AND CATHLEEN SHIPMAN # 6173. This is currently an application
requesting Variances under Section 280-13A(2-c), based on the Building Inspector's
February 26, 2008 Notice of Disapproval concerning an application for a building permit to
construct an agricultural storage building on an existing tree farm. The reasons stated for
disapproving the application are: (1) the front yard setback is less than the code-required
minimum of 50 feet, and (2) the side yard setback is less than the code-required minimum
of 20 feet. Location of Property: 20685 Route 25, Mattituck; CTM 108-3-5.5 (a/k/a
Greenbriar Acres Subdivision Lot #1 filed 10/7/1977). RESOLUTION ADOPTED: Motion
was offered by Member Oliva, seconded by Chairman Goehringer, to adjourn without a
date per letter from applicant's attorney requesting additional time for new submission to
Building Inspector. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Member Weisman was absent.
IV. RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was offered by Member
Oliva, seconded by Member Simon, and duly carried, to accept and authorize filing of
Minutes with the Town Clerk's Office, as prepared for ZBA Meeting held June 16, 2008.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Weisman
was absent.
There being no other business properly coming before the Board at this time, Chairman
Goehringer declared the meeting adjourned. The meeting was adjourned at 3:45 P.M.
Respectfully submitted,
G,e~a rd, PffG oeh ringer, Chairman //
p~____/gc~ved for Filing g~/~-0'~ /
JUL 2 2009
outhold Town Clerk