HomeMy WebLinkAboutZBA-10/01/2009Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Marline Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTI-IOLD
Tel. (631) 765-1809 Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, OCTOBER 1, 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, October 1, 2009 commencing at 9:30 A.M.
Gerard P. Goehringer, Chairman/Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Ken Schneider, Member
George Horning, Member
Jennifer Andaloro, Assistant To~vn Attorney
Lucille Cappabianca, Legal Stenographer
Linda Kowalski, ZBA Confidential Secretary (9:30-12:00)
9:42 A.M. Chairman Goehringer called the meeting to order with the Pledge of Allegiance.
Chairman Goehringer introduced new Member George Horning.
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 Chairman Goehringer, seconded by Member
Weisman, to declare the following Negative Declarations without adverse effect on the
environment:
Type II Actions with no further steps regarding requests setback, dimensional, lot
waiver, accessory apartment, bed and breakfast requests:
WILLIAM A. PENNY III #6319 and #6336
ROBERT SWING #6320
PETER and BARBARA TERRANOVA #6312
JOHN and DANIELLA VENETIS #6313
ROBERT and BARBARA LEWIS #6317
Page 2 - Minutes
Regular Meeting held October 1, 2009
Southold Town Zoning Board of Appeals
Unlisted Action: RICHARD EHRLICH #6322
B. SEQRA application tabled, additional information to be submitted and for Lead Agency
Determination: ROMANELLI REALTY INC. # 6100 Variances, also # 6224 - Special
Exceptions for commercial uses (contractors' yards).
C. SEQRA - application tabled for additional information to be submitted and for Lead
Agency Determination. HARBES FAMILY FARM #6106 (Pending submission of
amended forms related to Variances to match Maps as amended by applicant
concerning the request for nonconforming Setbacks of Existing Storage Buildings).
D. SEQRA application tabled for Lead Agency Determination: WILLIAM A. PENNEY III
# 6319 Special Exception regarding Motor Vehicle Sales Use.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
II. PUBLIC HEARINGS: The follo~ving public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as
published:
9:42 A.M. WILLIAM A. PENNEY III by Tom McCarthy, McCarthy Management ibr
Tidy Car and William A. Penny, Owner. Location of Property: 45450 C.R. 48 (a/k/a
North Road or Middle Road) and Youngs Avenue, Southold; CTM 1000-55-5-2.2. Zone
District: General Business B. The applicant is requesting the following, based on the
Building Inspector's revised August 5, 2009 Notice of Disapproval:
#6319 - Request for a Special Exception concerning vehicle and accessory
sales, and
#6336 Request for a Variance concerning an as-built accessory shed building
in a location on than the code-required rear yard.
BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Horning, to adjourn this hearing to December 3,
2009. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:07 A.M. ROBERT SWING #6320 by Frank Notaro, Architect and Robert Swing,
Owner; Mike Verity, Chief Building Inspector. Requests for Variances under Sections
280-116B and 280-124, based on the Building Inspector's July 31, 2009 amended
Notice of Disapproval concerning a deviation from the plans approved under ZBA
#6159, requesting a height increase of the dwelling, which reconstruction is: (1) less
than 10 feet from a single side yard, (2) less than 25 feet total, combined side yards,
and (3) less than 75 feet from the bulkhead. Location: 4295 Bay Shore Road,
Greenport; CTM 1000-53-6-24 (adjacent to Shelter Island Sound-Pipes Cove). 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).
Page 3 Minutes
Regular Meeting held October l. 2009
Southold Town Zoning Board of Appeals
10:27 A.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).
10:35 A.M. RESOLUTION (RECONVENE): Motion was offered by Chairman
Goehringer, seconded by Member Weisman, to reconvene the meeting. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
PUBLIC HEARINGS, CONTINUED FROM IL above: The following public hearings were
held, with Chairman Goehringer introducing each application, and Member reading of the
Legal Notice as published:
10:35 A.M. PETER and BARBARA TERRANOVA #6312 by Peter Terranova.
Requests for Variances under Section 280-124, based on the Building Inspector's May
27, 2009 Notice of Disapproval concerning an as-built deck addition to the existing
dwelling, which new construction is: (1) less than the code-required minimum 10 feet
on a single side yard, and (2) exceeds the code limitation of 20% lot coverage.
Location: 415 Sound Avenue, Peconic; CTM 1000-67-2-4. 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).
10:46 A.M. JOHN and DANIELLA VENETIS #6313 by P. Moore, Esq., Angel Chorno,
Architect and Joseph Fischetti, PE (in audience). Location of Property: 2600 Private
Road #15. a/k/a Takaposha Road, Southold; CTM 1000-87-6-4. Requests for Variances
under Sections 280-116-B and 280-124, based on the Building Inspector's August 17,
2009 Notice of Disapproval concerning an application for demolition and a building
permit for a new single-family dwelling, which new construction ~vill be:
l) less than the code-required minimum of 75 feet from the bulkhead,
2) less than 35 feet from the front lot line,
3) less than 35 feet from the rear lot line,
4) less than 25 feet for both (combined) minimum side yard setbacks,
5) exceeds the code limitation of 20% maximum lot coverage (building area),
6) access to the property is not in accordance with New York Town Law,
Section 280-a, and Town Code Section 280-109-A.
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).
11:40 A.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).
11:46 A.M. RESOLUTION (RECONVENE): Motion was offered by Chairman
Goehringer, seconded by Member Schneider, to reconvene the meeting. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 4 Minutes
Regular Meeting held October 1, 2009
Southold Town Zoning Board of Appeals
PUBLIC HEARINGS, CONTINUED FROM II, above: The following public hearings were
held, with Chairman Goehringer introducing each application and Member reading of the
Legal Notice as published:
11:47 A.M. ROBERT and BARBARA LEWIS #6317, by D. Doty, Esq., Dr. Robert
Lewis and wife Barbara Lewis. Request for a Waiver to unmerge +/- 21,264 square feet
of land comprising Lot 279 on the 1922 amended Map A, Nassau Club Properties
(CTM 1000-111-2-10), from the remaining 39,397 square feet of land comprising Lot
278 on a Map of Section C, Nassau Point Club Properties, Inc. and the southerly
portion of Lot 277 on an Amended Map A of Nassau Point (CTM 1000-111-2-9), based
on the Building Inspector's May 15, 2009 Notice of Disapproval which states that the
subject lot merged with the adjacent lot has been held in common ownership with the
first lot at any time after July 1, 1983, pursuant to Code Section 280-10. Location of
Property: 600 and 700 West Cove Road, Nassau Point/Nassau Club Properties,
Cutchogue. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Member Horning, to close the hearing, reserving
decision. Vote of The Board: Ayes: All. This Resolution was duly adopted (5-0).
12:10 P.M. WILLIAM E. HAMILTON #6299 by P. Moore, Esq., and Joseph Fischetti,
PE. (Carryover from 7/30 PH). Requests for Variances under Sections 280-4(B), 280-
18, and 280~116A(1), based on the Building Inspector's revised April 8, 2009 Notice of
Disapproval concerning a proposed swimming pool, deck, and raised patio
construction, which new construction areas will be: (a) less than 100 feet from the top
of the L.I. Sound bluff or bank, and (b) greater than the code-limitation of 20% lot
coverage on this +L 29,406square feet of buildable land, located at 2670 Grandview
Drive, Orient; CTM 1000-14-2-3~6. 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 letter from J. Fischetti regarding
setback to the bulkhead. Vote of The Board: Ayes: All. This Resolution was duly
adopted (5-0).
12:17 P.M. RICHARD EHRLICH #6322 by P. Moore, Esq., and Brett Kiel, East End
Associates. Request for a Special Exception for Restaurant Use in an existing building
under Town Code Section 280-55-B(1). Location of Property: 64755 Main Road,
Greenport; CTM 1000-56-4-22. Zone District: Marine M-II. 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 letter
from P. Moore, Esq., regarding septic system. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
12:40 P.M. MARC and DEIRDRE SOKOL #6318 by P. Moore, Esq., Ann Pisacara
(house sitter and neighbor); Jennifer Gould, Esq., representing neighbor Fred Adler,
opposition; Adam Adler, grandson in audience. Requests for Variances under Sections
280-105 (A and B~, based on the Building Inspector's revised June 26, 2009 Notice of
Disapproval concerning installation of a fence which will exceed the code-limitation of
four feet in height when located in a front yard, and will exceed the code limitation of
6.5 feet when located in the side and rear yards, at 250 and 350 Lakeside Drive,
Southold; CTM 1000-90-3-15 and 16. BOARD RESOLUTION: (Please see transcript
Page 5 Minutes
Regular Meeting held October 1, 2009
Southold Town Zoning Board of Appeals
of written statements prepared under separate cover.) After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Members Weisman and
Simon, to adjourn the hearing to December 3, 2009 (pending direction from Assistant
Town Attorney on how to proceed.) Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
1:30 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).
1:43 P.M. RESOLUTION (RECONVENE): Motion was offered by Chairman
Goehringer, seconded by Members Schneider and Horning, to reconvene the meeting.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
PUBLIC HEARINGS, CONTINUED FROM II. above: The following public hearings were
held, with Chairman Goehringer introducing each application, and Member reading of the
Legal Notice as published:
1:43 P.M. CHESTER CIAGLO #6300 by Frank Blangiardo, Esq., and Chester Ciaglo
Jr. Requests for Variances under Section 280-15B, based on the Building Inspector's
April 14, 2009 amended Notice of Disapproval concerning an application for a building
permit for construction of an accessory structure or building for personal storage use
on this 55,500 square foot parcel, which new construction: (1) is setback less than the
code-required minimum 15 feet from a property line, and (2) contains a building size
greater than the code limitation of 750 square feet. Location of Property: 36980
County Road 48 (a/k/a Middle Road, or North Road), Southold; CTM 69-4-8.2. Zone
District: Agricultural-Conservation. 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 the
hearing to December 3, 2009 for amended plan, location and size, as well as, new
survey and Notice of Disapproval. Vote of The Board: Ayes: All. This Resolution was
duly adopted (5-0).
RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Chairman Goehringer confirmed the next Special Meeting to be held on
Thursday, October 22, 2009 at 6:00 PM, Town Hall Annex, Capitol One Building,
549375 Main Road at Youngs Avenue, Southold.
B. APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was offered by
Chairman Goehringer, seconded by Member Weisman, and duly carried, to accept and
authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meetings
held September 22, 2009. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
PUBLIC HEARINGS, CONTINUED FROM II, above: The following public hearings were
held, with Chairman Goehringer introducing each application, and Member reading of the
Legal Notice as published:
Page 6 - Minutes
Regular Meeting held October 1, 2009
Southold Town Zoning Board of Appeals
2:17 P.M. E and C PROPERTY HOLDING, INC. and EDUCATIONAL & CULTURAL
FUND OF THE JOINT INDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY, by
P. Moore, Esq., Jack Daloney and Mr. Beanstock. Location of Property: 3800 Duck
Pond Road, Cutchogue adjacent to L.I. Sound, CTM Parcel 1000-83-2-17.3 (former
owner: Demetriades, Santorini Restaurant/Motel).
#6314. The applicants also request a Variance concerning an application for a
drainage control permit based on the Building Inspector's June 3, 2009 Notice of
Disapproval under Section 236 (13), for the reason that the site plan shows a land area
having a slope greater than 20% for the construction of the proposed meeting house
building. BOARD RESOLUTION: (Please see transcript of ~vritten 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).
#6245. The applicants request 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 2½ 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 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 Weisman, to close the hearing, reserving decision.
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 2:50
P.M.
/
/Ge/~ff~ P. Ooehringer, Ch,a//man 10/z~v-/2009
~pproved for Filing
Resolution Accepting for Filing 10/22/2009
Respectfully submitted,
Lucille Capp abianca~0/07/2009
., RECEIVED
t J OCT 2 6 2009
Southo ff Town Cledl