HomeMy WebLinkAboutZBA-02/19/2009Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. 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, FEBRUARY 19, 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, February 19, 2009 commencing at 9:30 A.M.
Present were:
Gerard P. Goehringer, Chairman/Member
Ruth D. Oliva, Member (10:00 A.M. to end)
James Dinizio, Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Linda Kowalski, ZBA Confidential Secretary
9:32 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 (SEGRA): BOARD
RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Weisman,
to declare the following Declarations: Type II Actions with no further steps regarding requests
setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests:
JOhn and MARGARET TONER # 6239.
PHYLLIS KAUFER # 6240.
KEVIN B. and JEANINE FAGA #6243.
TIMOTHY WOOD and MIRA DOUGHERTY-JOHNSON #6244.
ISIDOROS TSlRNIKAS and MARIA PAPGIANNAKIS # 6252.
DEBORAH M. PONTINO #6254.
LEWIS TOPPER #6248.
MICHAEL and DANA MEYRAN #6251.
MICHAEL and LAURA CHAPMAN LIVING TRUST #6249.
DIANE and HENRY HOBBS #6247.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was
absent.
Page 2 - Minutes
Regular Meeting held February 19, 2009
Southold Town Zoning Board of Appeals
II. PUBLIC HEARINGS: The following pubhc hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as
published:
9:33 A.M. JOHN and MARGARET TONER # 6239. Request for Variances under Section
280-124, based on the Building Inspector's amended October 20, 2008 Notice of
Disapproval concerning as-built additions and alterations which exceed the code limitation
of 20%'of buildable area lot coverage and is less than the minimum required setbacks for
combined side yard setbacks of 25 feet. Location of Property: 875 Sigsbee Road, Laurel;
CTM 1000-143-2-16. 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. PHYLLIS KAUFER # 6240 by Nigel Williams, Architect and Mr. and Mrs. Kaufer.
Request for a Variance under Section 280-15c, based on the Building Inspector's October
6, 2008 Notice of Disapproval concerning a proposed two-story accessory qaraqe which
will exceed the code limitation of 750 square feet. Location of Property: 3175 Nassau
Point Road, Cutchogue; CTM 1000-104-13-12. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Weisman, to adjourn
the hearing to 1:15 p.m. today. Vote of the Board: Ayes: All. This Resolution was duly
adopted (4-0). Member Oliva was absent.
Member Oliva arrived at 10:00 A.M.
10:15 A.M. KEVIN B. and JEANINE FAGA #6243. Request for a Variance under Section
280-116B, based on the Building Inspector's October 23, 2008 Notice of Disapproval
concer~ing proposed additions and alterations to the existing single-family dwelling at less
than th~ code-required minimum of 75 feet from the existinq bulkhead adjacent to Orient
Harbor; at 12580 Main Road, East Marion; CTM Parcel 1000-31-14-8.2. BOARD
RESOEUTION: (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 to 1:00 p.m. on March 19, 2009 pending receipt of
amended Notice of Disapproval and amended plans. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
10:33 A.M. TIMOTHY WOOD and MIRA DOUGHERTY-JOHNSON #6244. Request for
Variances under Section 280-124, based on the Building Inspector's revised December 30,
2008 Notice of Disapproval concerning a proposed new single-family dwellinq (after
demolition of the existing building) in a location with front yard setbacks at less than 35
feet, on this 10,067 square foot parcel. Location of Property: 340 Locust Lane (and Korn
Road), Southold; CTM 62-3-26. 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
decisior~. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:55 A'.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
Resoluti,on was duly adopted (5-0).
Page 3 - Minutes
Regular Meeting held February 19, 2009
Southold Town Zoning Board of Appeals
10:58 ,~!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).
II. PUBLIC HEARINGS, CONTINUED FROM 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. ISIDOROS TSIRNIKAS and MARIA PAPGIANNAKIS # 6252 by Cathy
Quigley, Swim King Pools; also speaking was Gerard Camaleri, VP of Eastern Shores
HOA. This is an application requesting Variances under Section 280-15, based on the
Building Inspector's November 12, 2008 Notice of Disapproval for a proposed accessory
swimming pool in a front yard instead of the code-required rear yard, and for a fence at a
heiqht which will exceed the code limitation of four (4') feet in a front yard location adjacent
to C.R; 48 (a/k/a North Road). Location of Property: 940 Homestead Way, Greenport;
CTM 1~00-40-2-20. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Member Dinizio, to close the hearing, reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
11:03 A.M. DEBORAH M. PONTINO #6254, Deborah Pontino, Owner (also present was
Peter Stoutenburg/Environment East, Inc.). Request for a Special Exception under Section
280-1;~B to establish an Accessory Apartment in this single-family dwelling, with owner-
occupancy, at 2675 Indian Neck Lane, Peconic; CTM 1000-86-5-13. 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. Thrs Resolution was duly adopted (5-0).
11:10 A.M. LEWIS TOPPER #6248 by Charles Cuddy, Esq., and Lewis Topper; also
speaking were Thornton Smith and Eugene Danieri, Esq. Location of Property: 3606
Camp Mineola Road, Mattituck; adjacent to Great Peconic Bay; CTM 1000-123-6-13.
RequeSt for Variances under Sections 280-12 and 280-124, based on the Building
Inspector's amended October 10, 2008 Notice of Disapproval and the owner's request for a
building~ permit to construct a new single-family dwelling and a new accessory building
proposed with a nonconforminq use (after demolition of the existing dwelling and existing
nonconforming accessory building). The reasons for disapproving the building permit
application are that:
1) the Proposed single-family dwelling will be less than 15 feet on a single side yard;
(2) the proposed single-family dwelling will be less than 35 feet for total side yard setbacks;
(3) the proposed dwelling at less than 75 feet from the bulkhead adjacent to Great Peconic
Bay; ~
4) a new accessory building is proposed with (nonconforming) habitable space, and
permitted uses are limited to single-family detached dwellings, not to exceed one dwelling
on each lot.
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
second¥1oor plan. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 4 - Minutes
Regular Meeting held February 19, 2009
Southold Town Zoning Board of Appeals
II. PUBLIC HEARINGS, CONTINUED FROM above: The following public hearings were held, with
Chairman Goehringer introducing each application, and Member reading of the Legal Notice as
published:
12:00 P:M. MICHAEL and DANA MEYRAN #6251by William Gorman, Agent. Request for
a Variance under Sections 280-122A and 280-124, based on the applicant's request for a
building permit and the Building Inspector's November 6, 2008 Notice of Disapproval under
Zoning Code Interpretation #5039 (Application by R. Walz), concerning proposed
reconstruction of a dwelling in a location which will increase in the degree of
nonconformance at less than 35 feet from the code-required minimum front yard setback,
at 280 Youngs Avenue, Mattituck; CTM 1000-141-1-31. 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 pending receipt of two alternative plans. Vote of the
Board: :Ayes: All. This Resolution was duly adopted (5-0).
12:15 P.M. MICHAEL and LAURA CHAPMAN LIVING TRUST #6249 by Tom Algren,
Builder.' Request for Variances under Sections 280-122A and 280-124, based on the
Building Inspector's revised November 10, 2008 Notice of Disapproval concerning
additions and alterations to the existin,q single-family dwellinq, which construction will
increase the degree of nonconformance when located less than the code required
minimum of 35 feet from the front yard lot line adjacent to a private right-of-way and Alpine
Avenue,, Fishers Island, NY; CTM Parcel 1000-10-8-7 and 6 (merged as one lot). BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.)i 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).
12:33 P.M. RESOLUTION (LUNCH): Motion was offered by Chairman Goehringer,
seconded by Member Oliva, to recess for lunch. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
1:20 P'.M. 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 (5-0).
II. PUBLIC HEARINGS, CONTINUED FROM above: The following public hearings were
held, with Chairman Goehringer introducing each application, and Member reading of the Legal
Notice as published:
1:20 P.M. PHYLLIS KAUFER # 6240 RECONVENED by Nigel Williams, Architect and Mr.
and Mrs. Kaufer. Request for a Variance under Section 280-15c, based on the Building
Inspector's October 6, 2008 Notice of Disapproval concerning a proposed two-story
accessory ,qaraqe which will exceed the code limitation of 750 square feet. Location of
Property! 3175 Nassau Point Road, Cutchogue; CTM 1000-104-13-12. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover,) After receiving testimony, motion was offered by Chairman Goehringer, seconded
by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
Page 5 - Minutes
Regular Meeting held February 19, 2009
Southold Town Zoning Board of Appeals
III. RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. ADVERTISE/RESOLUTION ADOPTED: Motion was offered by Member Oliva,
seconded by Chairman Goehringer, and duly carried to advertise in the Town's official
newspaper public hearings for complete applications, to be held March 19, 2009 at a
Regular Meeting commencing at 9:30 A.M. at Southold Town Hall (Court Room), 53095
Main Road, Southold. Vote ofthe Board: Ayes: All. This Resolution was duly adopted (5-0).
B. Chairman Goehringer confirmed the next Special Meeting Thursday, March 5, 2009 at
6 P.M. at Town Hall Annex (Capitol One Building) Second Floor, Youngs Avenue,
Southold.
C. APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was offered by
Chairman Goehringer, seconded by Member Oliva, and duly carried, to accept and
authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held
January 22, 2009. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
II. PUBLIC HEARINGS, CONTINUED FROM above: The following public hearings were
held, with Chaii:man Goehringer introducing each application, and Member reading of the Legal
Notice as published:
1:30 P:~M. LLOYD KAPLAN # 6221 (carryover, pending alternative plan or other
information from applicant), by Sean Baron of SEC. Proposed swimmin,q pool: (1) less
than 40' feet from front line adjacent to street, (2) lot coveraqe exceeding 20% code
limitation on this 14,679 square feet of land area adjacent to the Long Island Sound, at 105
Soundview Avenue, Southold; CTM 50-2-3. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony,
motion ~vas offered by Chairman Goehringer, seconded by Member Oliva, to adjourn the
hearing to 2:15 p.m. today. Vote of the Board: Ayes: All. This Resolution was duly
adopteo~ (5-0).
2:00 P.M. HOPE SCHNEIDER # 6215 (carryover by Cathy Mesiano, Agent and Joseph
Fischett~', PE present. Variances to increase the degree of rear yard setback
nonconfbrmity less than 35 feet., (2) to increase the degree of side yard setbacks at less
than 10 feet and less than 25 feet combined, (3) less than 75 feet from the bulkhead, (4)
exceeding the code limitation of 20% lot coverage, concerning a new dwelling on 4,914
square feet of buildable area, at 1960 Mill Lane (Goldsmiths Inlet), Southold; CTM 67-7-11.
BOARD RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
2:32 P.M. RYAN and JENNIFER STORK # 6187 and #6232 amendment (carryover,
extending time as requested by applicant before closing the hearing by Jim Fitzgerald,
Agent. Request for Variances under Sections 280-12, 280-116 and 280-124, based on the
Building Inspector's September 19, 2008 Notice of Disapproval concerning a proposed
new dwelling (after demolishing the existing building) and relocation with reconstruction of
an exis!ing garage with nonconforminq sleeping area and a full bathroom. The new
construction is not permitted for the following reasons: (1) the new dwelling and the new
accessory building will both be less than 15 feet on a s n,q e s de yard and total side yards
less th~r~ 35 feet; (2) the accessory garage building 'construction will contain a non-
permitteU code use and is deemed by the Building Inspector to be a second dwelling; (3)
Page 6 - Minutes
Regular Meeting held February 19, 2009
Southold Town ZOning Board of Appeals
the accessory ~ara,qe buildinq will be less than 15 feet on a sinqle side yard and less than
35 feet for total side yard setbacks combined. Location: 3270 Peconic Bay Boulevard,
Laurel; CTM 128-6-8 adjacent to Great 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 Oliva, to
close the hearing, reserving decision subject to receipt of letter from Agent confirming
whether existing building is heated and square footage of existing and proposed building.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
3:06 P.M. LLOYD KAPLAN # 6221 RECONVENED (carryover, pending alternative plan or
other information from applicant), By Shawn Baron of SEC. Proposed swimmin,q pool: (1)
less than 40 feet from front line adjacent to street, (2) lot covera,qe exceedin.q 20% code
limitation on this 14,679 square feet of land area adjacent to the Long Island Sound, at 105
Soundview Avenue, Southold; CTM 50-2-3. 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 adjourn
the hearing to 2:15 p.m. today. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
3:10 p.M. DIANE and HENRY HOBBS #6247 by Cathy Mesiano, Agent; Concerns:
Abigail Wickham, Esq. Request for a Variance under Sections 280-122A and 280-124,
based on the Building Inspector's September 24, 2008 Notice of Disapproval and ZBA
#5039 (Zoning Code Interpretation in the Matter of R. Walz). The Building Inspector states
that the proposed alterations and additions to the existinq sin,qle-family dwellin.q will
constitul~e an increase in the degree of nonconformance at less than 40 feet from the code-
required minimum front yard setback, at 800 Sterling Road adjacent to a freshwater pond,
Cutcho[jue; CTM 1000-104-4-9. BOARD RESOLUTION: (Please see transcript ofwdtten
stateme, nts prepared under separate cover.) After receiving testimony, motion was offered
by Chai[man Goehringer, seconded by Member Oliva, to close the hearing, reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
IV. NO EXECUTIVE SESSION was held regarding litigation or personnel.
There being no other business properly coming before the Board at this time, Chairman
Goehringer declared the meet ng adjourned The meeting was adjourned at 3:45 P.M.
~ 12.1 ~ ~2009
12/03/2009
Respectfully submitted,
Kowalski
Administrative Secretary
Southold Town Cler~