HomeMy WebLinkAboutZBA-09/25/2008APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Diniziol Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
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
MINUTES
REGULAR MEETING
THURSDAY, SEPTEMBER 25, 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, September 25, 2008 commencing at 9:15 A.M.
Present were:
Gerard P. Goehringer, Chairman/Member
James Dinizio, Member
Michael A. Simon, Member (9:17 a.m. - 2:03 p.m.)
Leslie Kanes Weisman, Member
Kieran Corcoran, Assistant Town Attorney (10:00 a.m. - 4:00 p.m.)
Linda Kowalski, ZBA Confidential Secretary
Absent: Ruth D. Oliva, Member
9: 17 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 QIJALITY REVIEW DETIgRMINATIONS {SEQRA}: BOARD
RESOLUTION: Motion was made by Member Weisman, seconded by Chairman
Goehringer, to declare the following Declarations: Type II Actions with no further steps
regarding requests setback, dimensional, lot waiver, accessory apartment, bed and
breakfast requests:
EDWARD BONDARCHUK #6178
PAUL SILANSKY #6203
ARTCO and COASTLINE CESSPOOL & DRAIN SERVICE #6200
ROBERT SOMMERVILLE #6204
JOHN GATANAS #6201
THOMAS and MAE MAURI #6199
HOWARD and DOROTHY ZEHNER #6197
RONALD POLLIO #6205
HENRY TRAENDLY and BARBARA A. CADWALLADER #6207
BUD GEORGE HOLMAN #6202
Page 2 - Minutes
Regular Meeting held September 25, 2008
Southold Town Zoning Board of Appeals
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva
was absent.
II. PUBLIC HEARINC~: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as
published:
9:18 A.M. JOSEPH AND CATHLEEN SHIPMAN #6173. P. Moore, Esq., and J. &
C. Shipman. Request as amended by letter dated September 4, 2008, for a
Variance under Sections 280-13A(2-c) and 208-124, based on the Building
Inspector's August 18, 2008 amended Notice of Disapproval which states that the
proposed agriculture storage building on an existing tree farm property is not
permitted for the reason that 'Barns, storage buildings, greenhouses (including
plastic covered) and other related structures, provided that such buildings shall
conform to the yard requirements for principal buildings, and the required rear
yard setback is 60 feet.' Location of Property: 20685 Route 25 (Main Road),
Mattituck; CTM 108-3-5.5 (a/k/a Greenbriar Acres Subdivision Lot #1 filed
10/7/.1977). 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 Oliva was absent.
9:40 A.M. EDWARD BONDARCHUK #6178. Request for a Variance under
Section 280-116B, based on the Building Inspector's December 10, 2007 Notice of
Disapprove concerning an as-built hot tub and deck in a location at less than 75
feet from the existing bulkhead, at 650 Blue Marlin Drive, Southold; CTM 1000-
57-1-28. 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 Oliva was absent.
9:50 A.M. PAUl, SILANSKY #6203. Request for a Variance under Section 280-
124, based on the Building Inspector's July 21, 2008 Notice of Disapproval
concerning a proposed dweliing on a nonconforming 14,000 square foot parcel,
with a lot coverage exceeding the code limitation of 20% for all building area, at
770 Pinewood Road, Cutchogue; CTM 1000-110-5-24. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairman Goehringer, seconded by
Member Weisman, to close the heating reserving decision. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent.
10:13 A.M. ARTCO and COASTLINE CESSPOOL ~ DRAIN SERVICE #6200.
William and Terry Park. Request for Variances under Section 280-64A and 280-
64C, based on the Building Inspector's May 15, 2008 Notice of Disapproval
concerning a proposed new building for use as a cesspool and drainage company.
The reasons for disapproving the building permit application are: (1) the
proposed construction is less than the code-required minimum of 100 feet from
Page 3 - Minutes
Regular Meeting held September 25, 2008
Southold Town Zoning Board of Appeals
the right-of-way of each Corporate Road and Commerce Drive, and (2) the
proposed building will have a building linear frontage greater than the code
· maximum of 60 linear feet along one street. Location of Property: 525
Commerce Drive, Cutchogue (North Fork Industrial Park Lot 9); CTM 1000-96-1-
1.6. Zone District: Light Industrial; Lot Size: 47,344 square feet. 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. Vbte of the Board: Ayes: All. This Resolution was duly adopted (4-0}.
Member Oliva was absent.
10:23 A.M. ROBERT $OMMERVILLE #6204. Rob Bohn, Contractor/Agent.
Request for a Variance under Section 280-15, based on the Building Inspector's
June 10, 2008 Notice of Disapproval concerning a proposed accessory garage with
a size that will exceed the code maximum of 660 square feet on this 14,600
square foot lot, at 545 Hummel Avenue, Southo. ld; CTM Parcel 1000-63-2-18.
BOARD RESOLUTION: {Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Simon, to close the hearing reserving decision.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member
Oliva was absent.
III. RESOLUTIONS/UPDATED REVIEWS/OTHER:
C. Correspondence/Inquiries for Review: Letter from John Winter with concerns regarding noise
emanating from, and location of, outdoor air conditioning or compressor unit at neighbor's property
(Astley). Tabled for reviews/possible code committee matter, if not in code.
D. RESOLUTION ADOPTED: re: Supplemental conditions for Outdoor Event Permit #169.
Motion was offered by Member Weisman, seconded by Chairman Goehringer, authorizing the
Chairman to sign the permit with the supplemental conditions #1-4 on page 3 of the permit. Vote of
the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent.
II. PUBLIC HEARINGS, CONTINUED above: The following public hearings were
held, with Chairman Goehringer introducing each application, and Member reading of
the Legal Notice as published:
10:58 A.M. JOHN OATANAS #6201. Frank Notaro, Architecnologies. Request
for Variances under Section 280-124, based on the Building Inspector's July l,
2008 amended Notice of Disapproval concerning a proposed dwelling, after
demolishing the existing dwelling and accessory garage. The reason for
disapproval of the building permit application is that the new construct will be
less tkan the code-required minimum of 35 feet from the front yard lot line and
rear yard lot line. Location of Property: 445 Central Drive, Mattituck; CTM 1000~
106-3-22. 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 (4-0).
Member Oliva was absent.
Page 4 - Minutes
Regular Meeting held September 25, 2008
Southold Town Zoning Board of Appeals
IlL
RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. RESOLUTION ADOPTED: 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 October 30, 2008 at a Regular Meeting
commencing at 9:15 A.M. at Southold Town Hall (Court Room), 53095 Main Road,
Southold. Vote of the Board: All. This Resolution was duly adopted (4-0). Member Oliva
was absent.
B. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer,
seconded by Member Simon to set the next Special Meeting for October 16, 2008 - 6 PM
at Town Hall Annex (Capitol One Building) Second Floor, Youngs Avenue, Southold. Vote
of the Board: All. This Resolution was duly adopted (4-0). Member Oliva was absent.
11:10 A.M. THOMAS and MAE MAURI #6199. P. Moore, Esq. Request for a
Variance under Section 280-15, based on the Building Inspector's July 2, 2008
Notice of Disapproval concerning the applicants' proposed additions and
alterations to an existing single-family dwelling, with demolition of an attached
deck (pool surround}. The reason for disapproving the building permit application
is that the proposed work will result in the existing accessory swimming pool
being located in a yard other than the code-required rear yard, at 1070 Critten's
Lane, Southold; CTM 1000-70-12-9.2. 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. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Member Oliva was absent.
12:10 P.M. RESOLUTION (LUNCH): 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 (4-0). Member Oliva was
absent.
1:00 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 Oliva was
absent,
II. PUBLIC HEARINGS, CONTINUED above: The following public hearings were
held, with Chairman Goehringer introducing each application, and Member reading of
the Legal Notice as published:
1:00 P~M. HOWARD and DOROTHY ZEHNER #6197. Amy Martin, Fairweather
Brown. Request for a Variance under Section 280-124, based on the Building
Inspector's June 27, 2007 amended Notice of Disapproval concerning a proposed
addition and alterations to an existing single-family dwelling, for the reason that
the new construction will be less than the code-required minimum rear yard
setback of 35 feet, at 650 Moore's Lane North, Greenport; CTM Parcel 1000-33-2-
40. BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairman
Goehr/nger, seconded by Member Simon, to close the hearing reserving decision.
Vote of the Board: Ayes: Ail. This Resolution was duly adopted (4-0}. Member
Oliva was absent.
Page 5 - Minutes
Regular Meeting held September 25, 2008
Southold Town Zoning Board of Appeals
1:17 P.M. RONALD POLLIO #6205. Rob Lehnert, Architect. Request for a
Variance under Section 280-124, based on the Building Inspector's July 18, 2008
Notice of Disapproval concerning a proposed deck addition on a nonconforming
6,999 square foot parcel, which new construction will be less than the code
required minimum of 10 feet on a single side yard setback and less than 35 feet
on the minimum front yard setback, at 165 Second Street, New Suffolk; CTM
1000-117-10-20.5. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, motion was
offered by Chairman Goehringer, seconded by Member Weisman, to close the
hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0). Member Oliva was absent.
1:30 P.M. (Await amended Appeal Forms related to modified maps to appeal a
recent application to the Building Inspector for a new review/Notice of
Disapproval (new reasons for disapproval). RYAN and JENNIFER STORK #6187.
Jim Fitzgerald, Proper-T-Permits. D ...... + ~ ~.-; ........ .~. ~^~ oon ~ ~
bull'.head adjacent tc n~.~. .... .D~v...v~ ~". 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 the hearing without a date (pending application fee and amended
application processing). Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Member Oliva was absent.
1:45 P.M. Carryover: PINE NECK HOLDINGS #6180. Rob Lehnert, Architect.
Variance for deck addition to the dwelling at less than 75 feet from the bulkhead,
at 1475 Pine Neck Road, Southold; CTM 70-5-40. (Amended map submitted 9/10
by applicant's architect). BOARD RESOLUTION: (Please see transcript of
written statements prepared under separate cover.) After receiving tesfi~nony,
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 Oliva was absent.
Member Simon left at 2:03 p.m.
2:00 P.M. HENRY TRAENDLY and BARBARA A. CADWALLADER #6154.
(Updated single and separate search was submitted 9/18). South Side of Main
Road (NYS Route 25), East Marion, adjacent to Gardiners Bay.
A) ZBA #6207 - This is a request for Waiver of Lot Merger under Article II,
Section 100-26, based on the Building Department's July 25, 2008
amended Notice of Disapproval stating that County Tax Map Parcel
Numbers 12 and 11, in District 1000, Section 31, Block 14, are merged
pursuant to Section 280-10, which states: "Merger. A nonconforming lot
shall merge with an adjacent conforming or nonconforming lot which has
been held in common ownership with the first lot at any time after July 1,
1983. An adjacent lot is one which abuts with the parcel for a common
Page 6 - Minutes
Regular Meeting held September 25, 2008
Southold Town Zoning Board of Appeals
course of fifty (50) feet or more in distance. Nonconforming lots shall
merge until the total lot size conforms to the current bulk schedule
requirements."
B)
ZBA #6154. (Carried from July 24, 2008) - This is a request for
Variances under Section 280-124, based on the Building Inspector's
January 30, 2008 Notice of Disapproval, amended July 25, 2008
concerning a proposed single-family dwelling (after demolition of an
existing building) with a proposed single side yard at less than the
code required minimum of 10 feet, less than the required combined
side yards of 25 feet, and less than 35 feet from the front yard lot line,
at 13000 Main Road, East Marion; CTM 31-14-11. BOARD
RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) On applicant's request, motion was offered by
Chairman Goehringer, seconded by Member Weisman, to adjourn to
January 8, 2009. Vote of the Board: Ayes: All. This Resolution was
duly adopted (3-0). Members Oliva and Simon were absent.
2:35 P.M. RESOLUTION (BREAK): Motion was offered by Member Dinizio, seconded by
Chairman Goehringer, to take a short recess. Vote of the Board: Ayes: All. This
Resolution was duly adopted {3-0). Members Oliva and Simon were absent.
2:44 P.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 {3-0). Members Oliva and Simon were absent.
2:44 P.M. RESOLUTION ADOPTED: Motion was offered by Chairman
Goehringer, seconded by Member Weisman to cancel and adjourn without a date,
per 9/10 letter from agent. JENNIFER JACOBS AND CLAYTON GATES #6206.
r~ ...... + r~ w~; ........ ~ ~+;~- ~o~ ~oA, ~.~ on the Eu!!ding !nepectcr'c
P. eaidcntia! Zone D!ctrict. Vote of the Board: Ayes: All. This Resolution was
duly adopted (3-0). Members Oliva and Simon were absent.
2:45 P.M. BUD GEORGE HOLMAN #6202. Abigail Wickham, Esq.. Request for
Variances under Sections 280-14 and 280-116, based on the Building Inspector's
May 20, 2008 Notice of Disapproval concerning an as-built porch enclosure and
deck addition to the existing dwelling, which are less than the code-required
minimum of 15 feet on a side yard in this R-40 Zone, and less than 75 feet from
the bulkhead adjacent to Great Peconic Bay, at 350 Park Avenue, Mattituck; CTM
1000-123-7-8. 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 close the
hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was
duly adopted (3-0}. Members Oliva and Simon were absent.
Page 7 - Minutes
Regular Meeting held September 25, 2008
Southold Town Zoning Board of Appeals
3:00 P.M. RICHARD MANFREDI #6188. P. Moore, Esq., Frank Notaro, Architect
and Mr. Manfredi; R. Reeve in opposition. (Rehearing as per Board Resolution):
This is an application requesting 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, which 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 (3-0). Members Oliva and Simon were absent.
IV. 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
4:08 P.M.
Ger~...P~oeh;inger, Chairman
A~j~,t~ved for Filing /
l~solution Accepting for Filing
Respectfully submitted,
Linda Kowalski till I,/ o ~
RECEIVED