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Home My WebLink AboutZBA-08/21/2008Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road kO. Box 1179 Southold, NY 11971-0959 RECEIVED http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD JUL - Tel. (631) 765-1809 Fax (631) 765-9064 Southold Town Clerk MINUTES REGULAR MEETING THURSDAY, AUGUST 21, 2008 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, August 21, 2008 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 Kieran Corcoran - Assist. Town Attorney (9:30 - 12:30 & 2:00 - 4:00 p.m.) Linda Kowalski, ZBA Confidential Secretary Absent was: James Dinizio, Member 9:35 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 RESOLUTION: Motion was made by Member Goehringer, seconded by Member Oliva, to declare the following Declarations: q~/pe II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: 2000 BROADWATERS LLC #6186. RONALD F. and MARILYN A. GALLAGHER #6181. RYAN and JENNIFER STORK #6187. RICHARD MANFREDI #6188. RICHARD and PATRICIA MELLAS #6196. THOMAS ZOITAS #6191. JOANN WALKER #6193. SEAN GILLAN #6192. EUGENIA LAMBIRIS #6195. SPYRO AVDOULOS #6189. MICHAEL ANASAGASTI & OTHERS #6190. Page 2 - Minutes Regular Meeting held August 21, 2008 Southold Town Zoning Board of Appeals Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). III. PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 9:38 A.M. 2000 BROADWATERS LLC # 6186 by G. Strang, Architect; Rich Michaells, Wendy Roper. 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 line (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 Goehringer, seconded by Member Simon, to adjourn to October 30, 2008 at 1:30 P.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 10:33 A.M. RONALD F. AND MARILYN A. GALLAGHER #6181. Ron Gallagher. Request for a Variance under Sections 280-12 and 280-121 a, based on the Building Inspector's April 9, 2008 Notice of Disapproval concerning proposed addition(s) and alterations to an existing nonconforming accessory cottage. The reasons stated in the Building Inspector's Notice of Disapproval are: The building shall not be enlarged, altered, extended, reconstructed or restored or replaced on a different portion of the lot or parcel of land occupied by such use.., nor shall any external evidence of such use be increased by any means whatsoever, and (2) One-family detached dwellings, not to exceed one dwelling on each lot. Location: 2950 Vanston Road, Cutchogue; CTM 111-5-7.2. 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 Dinizio was absent. 10:43 A.M. RYAN and JENNIFER STORK # 6187, Jim Fitzgerald, Proper-T-Permits, R. Mato, Architect. Request for Variances under Sections 280-116 and 280-124, based on the Building Inspector's May 15, 2008 Notice of Disapproval concerning a proposed new dwelling (after demolishing the existing building). The new dwelling is proposed at less than I5 feet on a single side yard, less than 35 feet on total side yards, and less than 75 feet from the existing bulkhead adjacent to Great Peconlc Bay. Location of Property: 3270 Peconic Bay Boulevard, Laurel; CTM 128-6-8. 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 September 25, 2008 at 1:15 P.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. RESOLUTION (BREAK): Motion was offered by Member Oliva, seconded by Chairman Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Din/zio was absent. RESOLUTION (RECONVENE): Motion was offered by Member Oliva, seconded by Chairman Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. Page 3 - Minutes Regular Meeting held August 21, 2008 Southold Town Zoning Board of Appeals 11:31 A.M. RICHARD MANFREDI #6188 by Frank Notaro, Architect; Ron Reeve, Mr. & Mrs. Hovey. Request for a Variance under Section 280-122 and 280-124 (ZBA Interpretation #5039), based on the Building Inspector's June 10, 2008 amended Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, wtfich new construction will constitute an increase in the degree of nonconforming single side yard at less than 10 feet, less than 25 feet on total side yards, at 240 Sunset Path and Hilltop Path (private roads), Southold; CTM 54-1-19.. 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 Dinizio was absent. 12:01 P.M. RICHARD and PATRICIA MELLAS # 6196, Patty and Richard Mellas. Request for a Variance under Sections 280-122A and 280-124, based on the Building Inspector's July 7, 2008 amended Notice of Disapproval concerning a proposed addition on an existing deck, which new construction creates a new non-conformance or increases the degree of non-conformance with regard to the rear yard setback at less than the code-required 35 feet, at 340 Colonial Road, Southold; CTM 79-6-29. BOARD RESOLUTION: (Please see transcript ofwritten 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. Tiffs Resolution was duly adopted (4-0). Member Dinizio was absent. 12:08 P.M. THOMAS ZOITAS #6191, Pat Moore, Esq; Dorothy Young, Ron Surprenant. Request for a Variance under Section 280-15, based on the Building Inspector's June 12, 2008 Notice of Disapproval concerning a proposed swimming pool, in a yard other than the code-required rear yard or front yard, at 6255 Route 48 (property adjacent to Long Island Sound), Greenport; CTM 40-1-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chatrman Goehringer, seconded by Member Simon, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 12:27 P.M. JOANN WALKER #6193, Pat Moore, Esq. Request for a Variance under Section 280-15, based on the Building Inspector's June 13, 2008 Notice of Disapproval concerning a proposed accessory swimming pool structure in a yard other than the code-required rear yard (or front yard) at 290 Town Harbor Terrace, Southold; CTM 66-1-33 (adjacent to Little Peconic Bay). 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 Dinizio was absent. 12:30 P.M. SEAN GILL. AN #6192. Request for a Variance under Section 280-15, based on the Building Inspector's June 4, 2008 Notice of Disapproval concerning a proposed accessory garage exceeding 20 ft. in height with a proposed setback at less than 20 feet from the property line, at 220 Apple Court, Southold; CTM 70-1- 6.6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehiinger, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. Page 4 - Minutes Regular Meeting held August 21, 2008 Southold Town Zoning Board of Appeals 12:44 P.M. RESOLUTION (LUNCH): Motion was offered by Member Weisman, seconded by Chairman Goehringer, to take a recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 1:15 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 (4-0}. Member Dinizio was absent. III. PUBLIC HEARINGS, continued, with reading of Legal Notice: (Please limit your presentation to five minutes, with testimony relative to this property and relative to zoning information and noted Code Sections): 1:15 P.M. EUGENIA LAMBIRIS # 6195, by Pat Moore, Esq., with owners; Paul Calabro, George Lamoga, Linda Apostolete, Mr. Nicketis. Request for a Special Exception under Section 280-13B to establish an Accessory Apartment in this single-family dwelling, with owner-occupancy. Location of Property: 235 Captain Kidd Drive, Lot #192, Map of Captain Kidd Estates, Block 15, situated at Mattituck; CTM 106-5-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehiinger, seconded by Member Weisman to recess for approximately 10 minutes. (See 3:56 p.m.) Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dmizio was absent. 2:22 P.M. Reserved Carrtlover from 4/24 PH: LIA POLITES and KEVIN FERRO #6129 as Amended. Frank Yakaboski, Esq., and Amiel Gross, Esq., for Mrs. Higgins. (Additional written information added to the file since 4/24 PH). Location of Property: 300 Jackson Street, New Suffolk; CTM 117-10-2. The Applicants propose renovations/alterations, additions, and expansion of the existing accessory cottage building and in this Appeal (as amended) request the following: 1) Reversal of the Building Inspector's November 8, 2007 Notice of Disapproval which states that the accessory cottage use is nonconforming and constitutes a second dwelling unit, citing Section 280-121A, which provision states: Such nonconforming use of buildings ... may be continued indefinitely, except that such building or use (A) shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, and Notice of Disapproval citing Section 100-3lA, which provision states: "In A-C, R80 Districts, no building or premises shall be used and no building or part of a building shail be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. One-family detached dwellings, not to exceed one dwelling on each lot"; 2) Interpretation to deal with this preexisting residential use in a residential zone, applying Code Section 280-121A and/or 280-122, Nonconforming Buildings with Conforming Uses, which states: A. Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a Page 5 - Minutes Regular Meeting held August 21, 2008 Southold Town Zoning Board of Appeals III. PUBLIC HEARINGS, continued, with reading of Legal Notice: (Please limit your presentation to five minutes, with testimony relative to this property and relative to zoning information and noted Code Sections): nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings; B. Reconstruction of a damaged building. (1) A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than 50% of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule, (2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated; 3) Alternatively, Variances based on the Building Inspector's November 8, 2007 Notice of Disapproval under Section 280-12 lA and Section 100-3 lA, denied for the reasons that the accessory cottage use is nonconforming and constitutes a second dwelling unit, and as such may not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot...nor shall any external evidence of such use be increased by any means whatsoever as a second dwelling unit. BOARD RESOLUTION: (Please see txanscript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chatrman 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 Dinizio was absent. IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: B. Motion was offered by Chairman Goehringer, seconded my Member Weisman to change the time of the next Special Meeting of September 4, 2008 ~ 4 PM at Town Hall Annex (Capitol One Building) Second Floor, Youngs Avenue, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. A. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Weisman, to advertise in the Town's official newspaper public hearings for complete applications, to be held at the September 25, 2008 Regular Meeting commencing at 9:30 A.M. at Southold Town Hall (Court Room), 53095 Main Road, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. C. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Weisman to accept letter from Abigail A. Wickham, Esq. requesting 45- day extension of time relating to completion of application (maps requested during 6/26 PH) with regard to ZBA # 6150 - Principi/Southold Properties. Vote of the Page 6 - Minutes Regular Meeting held August 21, 2008 Southold Town Zoning Board of Appeals Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. D. RESOLUTION: Motion was offered by Member Weisman, seconded by Member Oliva, to accept letter from Daniel C. Mooney, Esq. requesting an additional 60 days (to extend time for a decision until SEQRA is completed), with regard to ZBA # 6013 - End of the Road LLC. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. II. RESOLUTONS/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: PH testimony concluded 6/26: J. and A. MAZUR #6176. 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: Motion was offered by Member Weisman, seconded by Member Oliva, to GRANT ALTERNATIVE RELIEF WITH CONDITIONS. Vote of the Board: Ayes: All. This Resolution was duly adopted {4-0). Member Dinizio was absent. STEIN FAMILY TRUST #6179. 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. Location: 2535 Cedar Lane, East Marion; CTM 37-4-10. BOARD RESOLUTION: Motion was offered by Member Oliva, seconded by Member Weisman, to APPROVE WITH CONDITIONS. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. WILLIAM LUTKOWSKI #6185. 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: 595 Pine Avenue and Birch Avenue, Southold; CTM 77-2-25. BOARD RESOLUTION: Motion was offered by Member Simon, seconded by Member Oliva, to APPROVE AS APPLIED. Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 0). Member Dinizio was absent. VINCENT and MAUREEN PAPA #6183. 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: Motion was offered by Member Simon, seconded by Member Oliva, to APPROVE WITH CONDITIONS. Vote of the Board: Page 7 - Minutes Regular Meeting held August 21, 2008 Southold Town Zoning Board of Appeals Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. RESOLUTION (RECONVENE): Motion was offered by Member Simon, seconded by Chairman Weisman, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. III. PUBLIC HEARINGS, continued, with reading of Legal Notice: (Please limit your presentation to five minutes, with testimony relative to this property and relative to zoning information and noted Code Sections): 2:41 P.M. Reserved for Carryover - WILLIAM and JOANNE TURNBULL # 6152. Rob Herrman, En-Consultants and Noah Gonzalas, GHG Architect. (Aqent for applicant on 8/18 submitted additional information and maps for considerationl. Variances under Sections 280-15F, 280-116, 280-124, based on the Building Inspector's amended May 6, 2008 Notice of Disapproval for a dwelling, swimming pool and shed construction at: (1) less than 100 feet from the top of the bluff adjacent to the L.I. Sound; (2) less than the code-required minimum 15 ft. side yard (new dwelling); (3) side yard location and setback at less than 40 feet from the front yard lot line (swimming pool and shed); and (4) lot coverage in excess of the code limitation of 20% (all construction). Location: 54005 North Road, Southold; CTM 52-1-10 and 1 (combined as one). BOARD RESOLUTION: (Pleasesee transcript of wtitten 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 Resoiution was duly adopted (4-0). Member Dinizio was absent. 3:10 P.M. Reserved Carryover from 6/26: MICHAEL and SUSAN JEFFRIES #6167. Pat Moore, Esq., Quincy Hollander, Architect. (Additional information by applicant's attorney was submitted since 6/26 PH, also Member inspections at F.L 8/6 under Town Code Ch. 268 and Ch. 280, etc.). Variance under Section 280- 116A(1), based on applicant's filing of a building permit application and the Building Inspector's April 30, 2008 Notice of Disapproval concerning an accessory in-ground swimming pool and retaining wall at less than 100 feet from the top of the bluff adjacent to Block Island Sound, East End Rd., Fishers Island; CTM 1-2- 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 subject to LWRP reply and preliminary plan response. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dmizio was absent. 3:28 P.M. SPYRO AVDOULOS #6189. Pat Moore Esq., and Mr. Chorno, Architect. Request for a Variance under Section 280-116A(1) based on the Building Inspector's June 10, 2008 Notice of Disapproval concerning a proposed amendment to plan for a new dwelling at less than the code-required 100 foot minimum from the top of the bluff or bank of the Long Island Sound, at 54985 North Road, Greenport; CTM 44-1-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Simon, seconded by Chairman Goehringer, to close the hearing mse~ving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. Page 8 - Minutes Regular Meeting hold August 21, 2008 Southold Town Zoning Board of Appeals 3:46 P.M. MICHAEL ANASAGASTI & OTHERS #6190 by Michael Anasagasti and mother. Request for Variances under Sections 280-15 and 280-124, based on the Building Inspector's May 6, 2008 Notice of Disapproval concerning an "as-built" deck addition to the dwelling, which construction is less than 50 feet from the rear lot line and which has caused the existing accessory building to be in a yard other than the code-required rear yard, at 345 Private Road, Southold; CTM 78-9- 40. BOARD RESOLUTION: (Please see tramcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Weisman, seconded by Chairman Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 3:56 P.M. RECONVENED - EUGENIA LAMBIRIS # 6195, by Pat Moore, Esq., with owners; Paul Calabro, George Lamoga, Linda Apostolete, Mr. Nicketis. {See 1:15 p.m. above). 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 Dinizio was absent. 4:00 P.M. # 6180 Carryover: PINE NECK HOLDINGS After reconveninq for anti other testimomt, to consider Resolution [or adiournment to September 25th at 1:00 P.M. (requested b~4 8/12 letter to extend time/possible additional map chanqe b~l owners, to supplement or replace 8/6 submission o[ amended maps). This is a request for a Variance concerning a deck addition to the dwelling at less than 75 feet from the bulkhead, at 1475 Pine Neck Road, Southold; CTM 70-5-40. Motion was offered by Chairman Goehringer, seconded by Member Weisman to adjourn to September 25th at 1:00 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. (End of public hearings; Regular Meeting continues) V. 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 4:03 P.M. Respectfully submitted, /~'~,~,~ ~ ~---~~~,i~n_d'a Kowalskif?X,~2008 ~"?erard P.. ?oe~h..n.'nger, Chairman/g/~ /200~ ~.C[~[~£~ ~ Z) ll ¢ d Approved for Filing ~ Resolution Accepting for Filing ~ J~¢200q ~ ' 50 JUL "2009 Southo Clerk