HomeMy WebLinkAboutZBA-12/03/2009Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
EO. 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, DECEMBER 3, 2009
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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, December 3, 2009 commencing at 9:30 A.M.
Present were:
Gerard P. Goehringer, Chairman/Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Ken Schneider, Member
George Homing, Member
Lucille Cappabianca, Legal Stenographer
9:45 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:
A. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA):
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:
JOSEPH LOGAN and KELLY WALKER #6331
JOYCE ORRIGO #6332
JOHN and LINDA SCOPAZ #6329
PORT OF EGYPT ENTEPRISES BY WILLIAM LIEBLEIN #6333
HIGHLAND HOUSE FI, LLC #6337
MAGGI TRAVIS #6334
B. SEQRA Reviews Pending: (Tabled, Additional information to be submitted):
ROMANELLI REALTY INC. #6100 Variances, also # 6224 - Special Exceptions for
commercial uses (contractors' yards).
C. SEQRA Reviews Pending: (Tabled for Lead Agency Determination). WILLIAM A.
PENNEY III # 6319 - Special Exception regarding Motor Vehicle Sales Use.
Page 2 - Minutes
Regular Meeting held December 3, 2009
Southold Town Zoning Board of Appeals
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer
introducing each application, and Member reading of the Legal Notice as published:
9:48 A.M. JOSEPH LOGAN and KELLEY WALKER #6331 by Meryl Kramer,
Architect and Joseph Logan, owner. Location of Property: lll0 Orchard Street,
Orient, lot containing 16,464 square feet. Requested are Variances from Code
Sections 280-15C and 280-124, based on an application for a building permit to
construct: (a) additions to the dwelling, (b) a new accessory garage, and (c)
swimming pool, and the Building Inspector's July 30, 2009 Notice of Disapproval
which states the new construction is not permitted for the following reasons:
1) Additions to the accessory garage result in a size that exceeds the code-
limitation of 660 square feet, and
2) Additions and alterations are proposed in excess of the 20% code
limitation for all construction areas.
BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Ken Schneider, to close the hearing, pending
receipt of new site plan as discussed from the architect. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
10:37 A.M. JOYCE ORRIGO #6332 by Joyce Orrigo. Location of Property: 66425
C.R. 48 a/k/a North Road), Greenport. This is a request for a Waiver under Code
Article II, Sections 280-11 and Article III, Sections 280-12 (as amended) to
unmerge land identified as SCTM # 1000-40-2-12, based on the Building
Inspector's August 4, 2009 Notice of Disapproval citing Zoning Code Section 280-
10A, which states that the nonconforming lots merged until a total lot size
conforms to the current bulk schedule (minimum 40,000 square feet in this R-40
Residential Zone District). This land merged with the adjacent property to the
west identified as SCTM #1000-40-2-11. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member
Simon, to close the hearing, reserving decision. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
10:50 A.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer,
seconded by Members Weisman and Schneider, to take a short recess. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:59 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).
Page 3 - Minutes
Regular Meeting held December 3, 2009
Southold Town Zoning Board of Appeals
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:
10:59 A.M. JOHN and LINDA SCOPAZ #6329 by John Scopaz, owner. Location
of Property: 6300 Indian Neck Lane adjacent to Little Neck Bay (a/k/a Hog Neck
Bay), Peconic; CTM 86-7-2.1. Requests for Variances from Code Sections 280-14
and 280-116, based on an application for a building permit for an addition and
alterations to a dwelling and the Building Inspector's July 22, 2009 Notice of
Disapproval stating that the new construction is not permitted because the
setbacks are proposed at:
(a) less than the code-required minimum of 75 feet from a bulkhead,
{b) less than the code-required minimum of 20 feet on a single side yard,
{c) less than the code-required minimum of 45 feet for combined side
yards, and
(d) less than the code-required minimum of 75 feet from the rear property
line.
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).
11:10 A.M. PORT OF EGYPT ENTERPRISES BY WILLIAM LIEBLEIN #6233 by G.
Strang, Architect and William H. Lieblein. Requests for Variances from Code
Sections 280-56 and 280-116, based on an application for a building permit and
the Building Inspector's July 27, 2009 Notice of Disapproval concerning
addition/alterations proposed to a (restaurant) building, which new construction
is proposed: {1) at less than the code-required minimum of 75 feet from a
bulkhead adjacent to Southold Bay, and (2) at less than the code-required
minimum of 35 feet from the front yard lot line, at 62300 Route 25, Southold;
CTM 56-6-6.1. 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. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
11:25 A.M. HIGHLAND HOUSE FI, LLC #6337 by S. Ham Esq. Requests for
Variances from Zoning Code Section 280-14, for this proposed subdivision of
property and proposed single-family dwelling. Based on the Building Inspector's
August 31, 2009 Notice of Disapproval, the proposed conversion of the existing
garage to a single-family dwelling is not permitted for the following reasons: (1)
its size is less than the code-required minimum livable floor area of 850 square
feet, and (2) its location is less than 60 feet from the front yard lot line. It is
further noted that the proposed subdivision requires approval from the Southold
Town Planning Board. Location of Property: Ocean View Avenue and Heathulie
Avenue, Fishers Island, Town of Southold, NY; Suffolk County Parcel #1000-9-11-
7.12. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Member Horning, to close the hearing,
pending receipt of information regarding square footage of existing dwelling and
letter of intent from owners re: parking lot, from attorney as discussed. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 4 - Minutes
Regular Meeting held December 3, 2009
Southold Town Zoning Board of Appeals
amended Notice of Disapproval stating the new construction is not permitted at
less than the code-required minimum rear yard setback of 35 feet, at 700 Brown
Street (and along 7th Street), Greenport; C'TM 48-3-18.1. 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).
DELIBERATIONS AND OR POSSIBLE DECISIONS:
A. 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 July 30, 2009; March 5, 2009; February 19, 2009; September 25,
2008; April 26, 2007; November 30, 2006; December 28, 2006; October 26, 2006;
September 28, 2006; August 31, 2006; July 27, 2006; May 20, 2004; April 22,
2004; January 8, 2004; September 11, 2003; August 21, 2003; August 7, 2003;
June 19, 2003. Vote of the Board: Ayes: All. This Resolution was duly adopted
(5-0).
B. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer,
seconded by Member Weisman, and duly carried, to set next Public Hearing for
January 21, 2010 at 9:30 a.m. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
C. RESOLUTION ADOPTED: Motion was offered by Member Weisman, seconded
by Chairman Goehringer, and duly carried to set Special Meeting for December
22, 2009 at 6:00 p.m. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
12:55 P.M. RESOLUTION (LUNCH): Motion was offered by Chairman Goehringer,
seconded by Member Schneider, to take a short recess. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
1:19 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 (5-0).
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:
1:19 P.M.P. BETANCOURT #6294 (Carryover) by G. Strang, Architect and Tim
Betancourt, owner. 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
heating to February 25, 2010 at 1 p.m. pending receipt of additional information
re: structure and any additional foundation work, as requested. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 5 - Minutes
Regular Meeting held December 3, 2009
Southold Town Zoning Board of Appeals
re: structure and any additional foundation work, as requested. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
1:48 P.M.M. and D. SOKOL #6318 (Carryover). P. Moore, Esq., M. Sokol, owner;
J. Gould, Esq., opposition for neighbor Fred Adler. BOARD RESOLUTION:
{Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairman Goehringer, seconded by
Members Simon and Weisman, to adjourn the hearing to February 25, 2010.
Vote of the Board: Ayes: All. This Resolution was duly adopted {5-0).
2:06 P.M. WILLIAM PENNEY (TIDY CAR) # 6319 and #6336 - RESOLUTION
ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member
Weisman to adjourn the hearing to February 25, 2010, per letter received dated
12/1/09 from McCarthy Management. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
2:09 P.M. Member Horning left.
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:
DENIED, GRANT 280-a ACCESS WITH CONDITION:
JOHN and DANIELLA VENETIS//6313
DENIED WITH ALTERNATIVE RELIEF:
CHRIS and MARYANN MESKOURIS #6326
There being no other business properly coming before the Board at this time,
Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at
3:20 P.M.
Respectfully submitted,
/./~~.~ × - Lucille Cappabianca 1 / 6 / 10
Included~ ReSer~oe: "F'~_.~..~.~~~ ' ions (2)
Ge?~r~.cL-P~ Goehringer, Chairmpfi ! / 5~ /2010
A/15,j~r6ved for Filing ~R~ECE~VED
~'esolution Accepting for Filing / /2010 '
JAN 2 7 2010
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