HomeMy WebLinkAboutZBA-11/15/2001APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, NOVEMBER 15, 2001
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
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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, November 15, 2001 commencing at 5:15 P.M.
Present were:
Gerard P. Goehringer, Chairman/Member
Jaxnes Dinizio, Jr., Member
Lydia Tortora, Member
Lora Collins, Member (left 9:40 pm)
George Homing, Member
Paula Quinteri, Clerk-'l~ypist
5:20 P.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 [SEQRAI: BOARD
RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Tortora,
to declare the following Declarations: Type II Actions with no further steps regarding
requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast
requests:
Appl. No. 5030 - Fred and Mary Milner. Cabana location.
Appl. No. 5028 - Ann Lenceski. Deck location.
Appl. No. 5020 - Bruce and Maureen Campbell, Garage location
Appl. No. 5027 - Joseph Bendowski. Location of new garage.
Appl. No. 5021 - T. and A. Jordan. Unmerge two lots.
Appl. No. 5022 - C. Lynch and Jane Bear. Addition setback.
Appl. No. 5024 - Robert Rutkoski. Pool/yard location.
Appl. No. 5029 - R. Krudop. Setback of dwelling relation and garage
relocation.
Appl. No. 5026 - Inland Homes/Kavanagh. Unmerge two lots.
Appl. No. 5038 - Roger and Leslie Walz. Interpretation to Reverse
Building Dept. determination/nonconforming setbacks for additions.
Page 2 - Minutes
Regular Meeting held November 15, 2001
Southold Town Zoning Board of Appeals
Unlisted Actions with Negative (No Environmental Effect) Declaration
Appl. No. 5017 - First Baptist Church of Cutchogue.
Appl. No. 5018 - St. Peter's Lutheran Church.
Appl. No. 5023 - North Fork County Club. Building location and lot
coverage.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
II. PUBLIC HEARINGS: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as
published:
5:21 p.m. Carryover Hearing in the matter of Appl. No. 4927 - KACE LI, INC.
Matthew Pachman, Esq., Greg Yakabowski, Esq., Anthony Tohill (opposition).
This is an Appeal requesting reversal of the Building Inspector's Notice of
Disapproval dated August 13, 2001, which disapproval denied an application for a
building permit for two-family dwellings under Article IV, Section 100-42A.2. The
reason stated in the Notice of Disapproval is that the proposed project indicates
several two-family dwellings on a single parcel, and that the Code allows only one
such structure per lot as a permitted use. Zone District: Hamlet-Density (HD).
Location of Property: South Side of North Road (a/k/a CR 48) (now or formerly
referred to as "Northwind Village" site), 500+/- feet east of Chapel Lane,
Greenport; Parcel # 1000-40-3-1. BOARD RESOLUTION: (Please see transcript of
written statements prepared under separate cover.) After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Tortora, to
recess the hearing to January 24, 2002, reserving decision. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
6:15 P.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer,
seconded by Member Tortora, to take a short recess. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
6:25 P.M. RESOLUTION (RECONVENE): Motion was offered by Member Tortora,
seconded by Chairman Goehringer, to reconvene the meeting. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
6:35 P.M. Appl. 4965 - NORMA MILLER. This is a Variance under Article III,
Section 100-31A.2, based on the Building Inspector's May 21, 2001 Notice of
Disapproval for the reason that renovation of the existing accessory building
constitutes a second dwelling use on a lot. Location of Property: 12920 Main
Road, East Marion; Parcel 1000-31-14-14. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member
Collins, to close the hearing, reserving decision. Vote of The Board: Ayes: All. This
Resolution was duly adopted (5-0).
6:41 P.M. Appl. 5030 - FRED AND MARY MILNER. Bill Goggins, Esq., Karl
Kraus, Wallace MaCombes, and Fred Milner. This is a request for a Variance
under Article IliA, Section 100-30A.4, based on the Building Inspector's August 9,
2001 Notice of Disapproval which states that the accessory pool house structure
is required to be located in the rear yard, and the pool house, as placed, is located
Page 3 - Minutes
Regular Meeting held November 15, 2001
Southold Town Zoning Board of Appeals
in the side yard. Location of Property: 985 White Eagle Drive, Laurel; Parcel
1000-127-9-22. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, motion was
offered by Chairman Goehringer, seconded by Member Collins, to close the
hearing, reserving decision. Vote of The Board: Ayes: All. This Resolution was duly
adopted (5-0).
7:00 P.M. Appl. 5028 - ANN LENCESKI by Edward Lenceski. This is request for a
Variance under Section 100-239.4 based on the Building Inspector's August 6,
2001 Notice of Disapproval. Applicant is proposing to construct a deck addition,
which will be less than seventy-five (75) feet from the bulkhead at 3700
Minnehaha Blvd., Parcel #1000-87-3-5. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member
Collins, to close the hearing, reserving decision. Vote of The Board: Ayes: All. This
Resolution was duly adopted (5-0).
7:08 P.M. Appl. 5017 - THE FIRST BAPTIST CHURCH OF CUTCHOGUE. Diane
Herold, Architect and Pastor Corneilus Fulford. This is a request for a Special
Exception under Zoning Code Section 100-31(B)(2) for a Place of Worship and
related accessory uses, at 15945 County Road 48 (a/k/a Middle Road),
Cutchogue; Parcel 1000-101-1-14.5. BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member
Tortora, to close the hearing, reserving decision. Vote of The Board: Ayes: All. This
Resolution was duly adopted (5-0).
7:15 P.M. Appl. No. 5018 - ST. PETER'S LUTHERAN CHURCH. Diane Herold,
Architect. This is a request for a Special Exception under Zoning Code Sections
100-31B(2), and 100-8lb(i}, for expansion/additions to an existing Place of
Worship, at 71305 Main Road (a/k/a Route 25), Greenport; Parcel 1000-45-2-7.1.
Zone District: Limited Business. BOARD RESOLUTION: (Please see transcript of
written statements prepared under separate cover.) After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Tortora, to
close the hearing, reserving decision. Vote of The Board: Ayes: All. This Resolution
was duly adopted (5-0).
7:18 P.M. Appl. No. 5020 - BRUCE AND MAUREEN CAMPBELL by Bruce
Campbell. This is a request for a Variance under Article III, Section 100-33,
based on the Building Inspector's August 13, 2001 Notice of Disapproval.
Applicants are proposing to construct an accessory garage in a front yard location
instead of the required rear yard at 620 Meday Avenue, Mattituck; Parcel 1000-
113-10-15.7. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Member Tortora, to close the hearing,
reserving decision. Vote of The Board: Ayes: All. This Resolution was duly adopted
(5-0).
Page 4 - Minutes
Regular Meeting held November 15, 2001
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:
7:24 P.M. Appl. No. 5027 - JOSEPH BENDOWSKI. Jeffrey Butler, Engineer;
Donna Bendowski; James Mikelbank (neighbor). This is a request for a Variance
to construct and replace accessory garage with nonconforming setbacks, based on
the Building Inspector's September 26, 2001 Notice of Disapproval under Article
XXW, Section 100-242A for the following reasons: (1) the proposed
reconstruction of the accessory garage will increase the degree of nonconformance
and the proposed height of the garage measures greater than 18 feet under
Section 100-33A. Location of Property: 3060 Park Avenue, Mattituck; 1000-123-
08-19. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Member Tortora, to close the hearing,
reserving decision. Vote of The Board: Ayes: All. This Resolution was duly adopted
(5-0).
7:40 P.M. Appl. No. 5021 - THOMAS P. and ANNETTE JORDAN. Gail Wickham,
Esq., Matt Ivans, Suffolk Environmental and Tom Jordan. This is a request under
Code Section 100-26 for a Lot Waiver to Unmerge property shown on the Suffolk
County Tax Maps as 1000-79-4-25 from 1000-79-4-26. This request is based on
the Building Inspector's August 22, 2001 Notice of Disapproval which states that
Lot 25 has merged with an adjacent lot to the north (79-4-26) pursuant to Section
100-25 which lots have been held in common ownership during a period of time
after July 1, 1983. Location: 1550 and 1680 Brigantine Drive, Southold.
BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Tortora, to recess the hearing to November 29,
2001. Vote of The Board: Ayes: All. This Resolution was duly adopted (5-0).
8:05 P.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer,
seconded by Member Tortora, to take a short recess. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
8:10 P.M. RESOLUTION (RECONVENE): Motion was offered by Member Tortora,
seconded by Chairman Goehringer, to reconvene the meeting. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
8:10 P.M. Appl. No. 5022 - CATHERINE LYNCH with Power of Attorney for JANE
BEAR. P. Moore, Esq., Carol Ann Sauer. This is a request for a Variance under
Article IIIA, Section 100-30A, based on the Building Inspector's September 4,
2001 Notice of Disapproval which states that the "as built" greenhouse and frame
shed location to dwelling do not meet the minimum 50 ft. rear yard setback
requirement. Location of Property: 374 Wampum Way, Southold; Parcel 1000-
87-2-37 & 38 (combined). BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, motion was
offered by Chairman Goehringer, seconded by Member Tortora, 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 November 15, 2001
Southold Town Zoning Board of Appeals
8:17 P.M. Appl. No. 5024 - ROBERT RUTKOSKI by Robert Rutkoski. This is a
request for a Variance under Article III, Section 100-33, based on the Building
Inspector's September 12, 2001 Notice of Disapproval. Applicant is proposing to
construct an in ground swimming pool in a yard area defined by the Code as a
front yard. (The Building Department confirmed that this lot has two front yards
and two side yards, and that the Code does not define a rear yard for this parcel
based on its frontages.) Location of Property: 11165 CR 48, Mattituck; Parcel
1000-108-1-2. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, motion was
offered by Chairman Goehringer, seconded by Member Tortora, to close the
hearing, reserving decision. Vote of The Board: Ayes: All. This Resolution was duly
adopted (5-0).
8:20 P.M. Appl. No. 5023 - NORTH FORK COUNTY CLUB - Patricia Moore, Esq.,
Kevin McLaughlin, Esq., Richard Sourezenski; Stephanie Kennedy (tenant);
Patrick Kennedy. This is a request for a Variance under Article III, Section I00-
31B(7}, and Article XXIV, Section 100-244B, based on the Building Inspector's
September 7, 2001 Notice of Disapproval. The reasons stated in the Disapproval
is that Building Permit #27135 was issued in error because the building is located
at less than 50 feet from the rear lot line, is 96+/- feet from the Main Road, and
that the building addition exceeds the 20% lot coverage limitation. Location of
Property: 300 Linden Avenue (a/k/a Moore's Lane), Cutchogue; Parcel 1000-109-
3-8.1 (7.1 and part of 4). Zone District: RO Residential Office, and R-40
Residential (northwest corner). BOARD RESOLUTION: (Please see transcript of
written statements prepared under separate cover.) After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Tortora, to
recess the hearing to November 29, 2001 at 7:00 p.m. reserving decision. Vote of
The Board: Ayes: All. This Resolution was duly adopted (5-0).
Member Collins left 9:40 P.M.
9:40 P.M. Appl. No. 5029 - ROBERT KRUDOP by Robert Krudop. This is a
request for a Variance under Article XXIV, Section 100-243A, based on the
Building Inspector's September 26, 2001 Notice of Disapproval. Applicant is
proposing to move one dwelling to a new location with a side yard setback at less
than ten (10) feet, at its closest point, and to relocate an accessory framed garage
in a nonconforming location, at 170 Tuthill Lane, Cutchogue; Parcel 1000-96-1-8.
The reason for the Disapproval is that a nonconforming building containing a
nonconforming residential use in this Light Industrial Zone District, shall not be
enlarged, reconstructed, or structurally altered or moved. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.) After
receiving testimony, motion was offered by Chairman Goehringer, seconded by
Member Tortora, to close the hearing, reserving decision. Vote of The Board: Ayes:
Ail. This Resolution was duly adopted (4-0). Member Collins was absent.
9:50 P.M. Appl. No. 5026 - INLAND HOMES, INC. {KAVANAGB). P. Moore, Esq.,
Greg Yakabowski, Esq., John Klerko; Carl Vail; Elizabeth Vail; Carol Gunn. This
is a request under Code Section 100-26 for a Lot Waiver to Unmerge property
shown on the Suffolk County Tax Maps as 1000-110-3-31 from 1000-110-3-32.
This request is based on the Building Inspector's September 24, 2001 Notice of
Disapproval which states that Lot 31 has merged with an adjacent lot to the north
(1000-110-3-32) pursuant to Section 100-25 which lots have been held in
Page 6 - Minutes
Regular Meeting held November 15, 2001
Southold Town Zoning Board of Appeals
common ownership during a period of time after duly 1, 1983. Location of
Property: 4400 Pequash Avenue and 95 Midwood Road, Cutchogue, NY. BOARD
RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Tortora, to close the hearing, reserving decision.
Vote of The Board: Ayes: All. This Resolution was duly adopted (4-0). Member
Collins was absent.
10:34 P.M. ROGER and LESLIE WALZ. Eric Bressler, Esq., Rob Brown,
Architect, Ralph and Normal Martin, Frank Thorpe and Leslie Waiz. Location of
Property: 2505 Old Orchard Road, East Marion; Parcel 1000-37-6-5:
Appl. No 5038 - This is an Amended Appeal for an Interpretation of the
Southold Town Zoning Code, Section 100-242A, requesting a
determination that additions and alterations within or over the
footprint of existing dwellings with nonconforming setbacks do not
create any new nonconformance or increase the degree of
nonconformance with regard to the zoning regulations, and Reversal of
the Building Inspector's May 2, 2001 Notice of Disapproval. Code
Section 100-242A states that:
Nothing in this Article shall be deemed to prevent the remodeling,
reconstruction or enlargement of a nonconforming building
containing a conforming use, provided that such action does not
create any new nonconformance or increase the degree of
nonconformance with regard to the regulations pertaining to such
buildings.
(2) Appl. No. 4962 - (Carryover from September hearing calendar). Appeal
requesting a Variance under Article IV, Section 100-242A, based on the Building
Inspector's May 2, 2001 corrected Notice of Disapproval. The Notice of
Disapproval states that the existing structure has a nonconforming setback of three
feet fro the easterly side lot line and 6.5 feet from the west side line, and as a result,
the second-story addition represents an increase in the degree of nonconformity.
BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Tortora, to recess to 11/29/01. Vote of The
Board: Ayes: All. This Resolution was duly adopted (4-0). Member Collins was
absent.
III. DELIBERATIONS/DECISION:
RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded
by Member Tortora, and duly carried, to extend time, per applicants attorney re:
Appl. No. 4995 - E. LEONIAK. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0). Member Collins was absent.
Page 7 - Minutes
Regular Meeting held November 15, 2001
Southold Town Zoning Board of Appeals
IV. RESOLUTIONS/UPDATES/OTHER:
A. Chairman Goehringer confirmed the next Special Meeting to be held on
November 29, 2001 at 6:45 PM.
B. APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was
offered by Chairman Goehringer, seconded by Member Tortora, and
duly carried, to accept and authorize filing of Minutes with the Town
Clerk's Office, as prepared for ZBA Meetings held October 18th October
25th and September 20, 2001. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Member Collins was absent.
V. 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
11:45 P.M.
Respectfully submitted,
~/ Linda Kowalski
//Opr~rd P. Goehringer, Chairman,/
/~'Approved for Filing
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