HomeMy WebLinkAboutZBA-07/30/2009Office 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) 76S-1509 Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, JULY 30, 2009
9:30 a.m. - 9:55 a.m. Court Arraignment session. Delay in start of meeting.
9:40 a.m. EXECUTIVE SESSION was held in the Town Hall Conference Room to discuss
litigation regarding the Daneri Petition.
Return to Court-Meeting Hall after Executive Session.
9:56 a.m. 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 30, 2009.
Present were:
Gerard P. Goehringer, Chairman/Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Ken Schneider, Member
Jennifer Andaloro - Assistant Town Attorney
Linda Kowalski, ZBA Confidential Secretary
9:56 A.M. Call to Order by Chairman Goehringer. Pledge of Allegiance.
A Moment of Silence was taken to honor the Memory of Ruth D. Ohva, ZBA Board Member
who passed away.
The Board proceeded with the first item on the Agenda as follows:
STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA):
A. 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:
DIANA DELUCIA ¢6296
FIDCO for WALTER C. FLOWER III, and JAMES M. BAKER and DIANE BAKER #6297
Page 2 - Minutes
Regular Meeting held July 30, 2009
Southold Town Zoning Board of Appeals
ARTHUR J. CONNOLLY and LORRAINE VICARELLI #6301
DIANE MANSON and AMORY MILLARD #6298
JASON TAGGART #6295
CHESTER CIAGLO, JR. ~200
PAUL T. BETANCOURT #6294
WILLIAM E. HAMILTON #6299
JOSEPH and JOANNA CHERNUSHKA #6302
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
B. SEQRA Reviews Pending: (Tabled, Additional Information to be submitted): ROMANELLI
REALTY INC. Cf 6100 Variances, also # 6224 - Special Exceptions for commercial uses
(contractors' yards).
III. PUBLIC HEARINGS: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as
published:
9:57 A.M. DIANA DELUCIA cf 6296 by Diana DeLucia. Request for Variances under
Sectioq 280-124, based on the Building Inspector's February 10, 2009 Notice of
Disapp, roval concerning a proposed deck addition to the dwelling, which new construction
will hay.e setbacks from the front property line at less than the code-required minimum of
35 feet~ and from the rear property line at less than 35 feet, at 4573 Wickham Avenue,
Mattitu'ck; CTM 107-4-5 (adjacent to Long Creek). 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).
10:04 ~A.M. FISHERS ISLAND DEVELOPMENT CORPORATION for WALTER C.
FLOWER III, and JAMES M. and DIANE BAKER cf6297 by Steve Ham, Esq. Request for a
Variance under Section 280-14, based on the Building Inspector's March 30, 2009 Notice
of Disapproval concerning a proposed re-division of land as a result of a proposed lot line
change, which will create a lot size at less than 120,000 square feet in this R-120
Residential Zone District. Location of Properties: SCTM 1000-10-5-8.3, 1000-10-5-9 and
part of 12.9, Private Road off East End Road, Oriental Avenue, Pennisula Road, Fishers
Island, New York. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by
Chairm~n Goehringer, seconded by Member Weisman, to close the hearing, reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
10:14 A.M. ARTHUR J. CONNOLLY and LORRAINE VICARELLI cf 6301 by Arthur
Connoliy, owner. Request for a Variance under Section 280-124, based on the Building
InspeCtOr's January 21, 2009 Notice of Disapproval concerning proposed additions and
alterations to the existing single-family dwelling, which new construction will be less than
the code-required minimum of 15 feet on a single side yard, on this 32,478+/- square foot
parcel, iocated at 3505 Wickham Avenue, Mattituck; CTM 1000-107-9-9 (adjacent to the
shoreline of Long Creek). 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).
Page 3 - Minutes
Regular Meeting;held July 30, 2009
Southold Town Zoning Board of Appeals
10:19 A.M. DIANE MANSON and AMORY MILLARD #6298. Ronni Hill, RLH Land
Planning; R. LaPedes, Project Manager for Joel Daly and Diana Manson, owner. Location
of Property: 495 Maple Lane, Orient; CTM 17-2~3.1. Requests for Variances under
Sections 280-13C and 280-122, based on an application for a building permit to construct
additions and alterations to an existing accessory building (currently a garage) and
proposing to convert the existing garage, with or without the proposed additions, to an art
studio or habitable space which is not a permitted use in accessory buildings. The Building
Inspector's January 26, 2009 amended Notice of Disapproval reasons for disapproving the
application are:
(1) the existing accessory garage is located in a front yard as per Variance #5462
issued 2/12/2004; under ZBA Zoning Code Interpretation # 5039 (Walz), the
proposed additions and alterations will constitute an increase in the degree of
. nonconformance, and
,(2) the proposed layout of the building appears to create habitable space, which is
~ not permitted in accessory buildings.
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).
II. RESOLUTe)NS/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:
'APPROVED AS APPLIED:
DANIEL and NANCY FISCHER #6292
S. VILLAREAL and D. VILLAREAL #6288
10:56 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 Resolution was duly adopted (4-0).
11:01 A.M. RESOLUTION (RECONVENE): Motion was offered by Chairman
Goehriager, seconded by Member Weisman, to reconvene the meeting. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0).
III. PUBLIC HEARINGS, CONTINUED FROM III, above: The following public hearings
were held, witl~ Chairman Goehringer introducing each application, and Member reading of
the Legal Notic~ as published:
11:02 A.M. JASON TAGGART # 6295 by Patricia Moore, Esq., and Jason Taggart. Also
present, Mrs. Taggart, 2 daughters, Tom Taggart (grandfather) and Richard Triptree,
neighbor, in opposition. Request for a Waiver to unmerge 13,750 square feet of area
(CTM 1000-78-3-28) from the remaining 12,650 square feet of area (CTM 78-3-29), based
on the Building Inspector's March 18, 2009 Notice of Disapproval which states the subject
lot merged with the adjacent lot pursuant to Code Section 280-10. Location of Property:
1145 Nokomis Road and Wabasso Street, Southold. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony,
motion ~as offered by Chairman Goehringer, seconded by Member Simon, to close the
hearing, reserving decision subject to receipt of heir ship affidavit as requested by the
Board. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Page 4 - Minutes
Regular Meeting, held July 30, 2009
Southold Town Zoning Board of Appeals
11:40 A.M. CHESTER CIAGLO, JR. #6300. RESOLUTION ADOPTED: Motion was
offered by Chairman Goehringer, seconded by Member Weisman to cancel hearing per 7-
24-09 attorney letter to ZBA and reschedule the hearing for October 29, 2009. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0).
11:43 A.M. PAUL T. BETANCOURT #6294. G. Strang, Architect and Paul Betancourt,
owner. Location of Property: 1825 Aquaview Avenue, East Marion; CTM 22-2-6 (adjacent
to Long Island Sound). The applicant requests Variances based on the Building
Inspector's March 24, 2009 Notice of Disapproval concerning an application for a building
permit for the following proposed construction:
1. under Section 280-124 for proposed additions and alterations to the dwelling
with:
a) front yard setback at less than 40 feet;
b) single side yard at less than 10 feet
c) combined side yards at less than 35 feet;
d) lot coverage exceeding the code limitation of 20% for lot coverage
(based on a nonconforming 10,133 square feet of buildable area);
2. under Section 280-15 for swimming pool construction proposed in a side yard
/" instead of a code- required rear yard (or code-required front yard for waterfront
i property);
3. under Section 280-116A(1) for proposed additions and alterations to the
dwelling at less than 100 feet from the top of the bluff.
BOARD RESOLUTION: (Please see transcript of written statements prepared under
separat~ cover.) After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Weisman, to adjourn the hearing to December 3, 2009 at 1:00 p.m.
for alternate plan as requested by the Board. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0).
12:20 P.M. RESOLUTION (BREAK): Motion was offered by Member Weisman,
seconded by Member Schneider, to take a short recess. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0).
12:34 P.M. RESOLUTION (RECONVENE): Motion was offered by Chairman
Goehringer, seconded by Member Simon, to reconvene the meeting. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0).
III. PUBLIC HEARINGS, CONTINUED FROM III, above: The following public hearings
were held, with Chairman Goehringer introducing each application, and Member reading of
the Legal Notice as published:
12:35 P,M. WILLIAM E. HAMILTON #6299 by P. Moore, Esq., and Joseph Fischetti.
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 +/- 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 adjourn the hearing to October 1, 2009, pending receipt of new survey indicating top of
the bluff and amended diagram redirecting pool spill over. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0).
\
Page 5 - Minutes
Regular Meeting held July 30, 2009
Southold Town Zoning Board of Appeals
1:10 P.M. JOSEPH and JOANNA CHERNUSHKA # 6302 by Amy Martin, Fairweather-
Brown. Also present, Joseph Chernushka, owner. Location of Property: 640 Rabbit Lane,
East Marion; CTM 31-18-20.1 (adjacent to Gardiners Bay). Requests for Variances under
Sections 280-116B and 280-124, based on an application for a building permit for additions
and alterations to the existing dwelling, and the Building Inspector's March 13, 2009 Notice
of Disapproval, for the reasons that the new construction will be:
a) less than code-required minimum 75 feet from the bulkhead,
b) less than a minimum 10 ft. single side yard;
c) less than 25 feet for combined side yard setbacks;
d) less than the code-required minimum rear yard setback of 35 feet;
e) greater than the code limitation of 20% lot coverage on this parcel containing less than
4,700 square feet of buildable area.
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
transcript of Trustees hearing, when available, from Amy Martin, Fairweather-Brown. Vote
of the B~ard: Ayes: All. This Resolution was duly adopted (4-0).
(Agenda Item i~, continued) RESOLUTONS/DELIBERATIONS/DECISIONS (continued from
earlier): The Bbard dehberated on the following application. The original determination was
filed with the SSuthold Town Clerk:
DENIED WITH ALTERNATE RELIEF:
ANGELIca BERGOLEA and ISKENDER EREY #~283.
RESOLUTIONS/UPDATED REVIEWS/OTHER: - Chairman Goehringer confirmed the date of the
next Special M~,bting to be Tuesday, August 18, 2009 6:00 PM to be held at Town Hall Annex, NFB
Building Main R,'0ad and Youngs Avenue, 2nd Floor Executive Board Room, Southold.
There jyeing no other business properly coming before the Board at this time,
Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 1:55
P.M.
ii . Respectfully submitted,
Incl.)z'ded by Re~.nce~.File~l~ns (3)
J/~olution - Accepted for Filing 12/03/2009 ~
Soafl~otd Town Cle~