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Home My WebLink AboutZBA-04/18/2002APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, APRIL 18, 2002 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net Southold Town Cler[ 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, April 18, 2002 commencing at 5:30 P.M. Present were: Gerard P. Goehringer, Chairman/Member Lydia Tortora, Member George Horning, Member (arrived 5:36 p.m.) Ruth Oliva, Member Vincent Orlando, Member Paula Quintieri, Clerk-Typist 5:32 P.M. Chairman Goehringer called the meeting to order. The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS {SEQRA): 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: T~lpe I1 Declarations (No further steps under State Law}: Appl. No. 5082 - P. Ahlers, Storage building location. Appl. No. 5083 - A. Carnesi, Dwelling location. Appl. No. 5084 - 640 Church St. LLC. Building frontage (width)/location. Appl. No. 5085 - J. and C. Kistmer, Storage building location. Appl. No. 5086 - d. and K. Ahearn. Deck location and lot coverage total. Appl. No. 5087 - J. Wood. Lot coverage for new accessory building construction. Appl. No. 5090 - d. and S. Bedell. Setback for additions/aiterations to dwelling. Appl. No. 5091 - R. and D. Young. Accessory building replacement - location. Appl. No. 5092 - R. and J. Arnold. Deck location. Page 2 - Minutes Regular Meeting held April 18, 2002 Southold Town Zoning Board of Appeals Appl. No. 5094 - D. Buskard. Pool location. Appl. No. 5096 - Gus-Mar Realty. Dwelling front yard setbacks. Appl. No. 5097 - J. and C. Sleckman. Dwelling reconstruction with addition, and setbacks. Appl. No. 5121 - Custom Designer Homes. Yard location for dwelling. Appl. No. 5129 - Arlene Youngman. Relief from ZB Condition of 10 / 25 / 01 under Appl. No. 5013. Setbacks of accessory garage. Appl. No. 5068, in part- C. and G. Dawson. Reversal of B.Dept. decision (see below for area variance). Appl. No. 5093, in part - Edgewater III. Fence height only. Other, Pendinq Determination as to Effect on the Environment: Appl. No. 5093, in part - Edgewater III. Dark lighting of tennis court. Unlisted Declarations with Neqative Effect on the Environment: Appl. No. 5093 - Edgewater III. Structural alterations to non-habitable accessory building. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 5:34 P.M. Appl. No. 5045 - FLOYD KING TRUST. (Continuation from January 10, 2002 Hearing Calendar, as requested by applicant). 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 pending receipt of information requested. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 5:52 P.M. Appl. No. 5082 - PAUL AHLERS by Paul Ahlers. This is a request for a Variance under Section 100-33C and 100-30A.4, based on the Building Department's January 8, 2002, updated April 9, 2002 Notice of Disapproval, regarding applicant's plan to locate an accessory storage building with a setback at less than five feet from the side property line and less than 40 feet from the front property line, at 1905 Gull Pond Lane, Greenport; 35-4-16. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 5:53 P.M. Appl. No. 5083 - ANTHONY CARNESI by Don Brakin. This is a request for a Variance under Section 100-242-A and 100-244B based on the Building Department's January 25, 2002 Amended Notice of Disapproval regarding applicant's building permit application for the ~as builC location of addition(s)/alterations, at 3565 Cedar Beach Road, Southold; 93-1-6.2. The reasons stated in the Notice of Disapproval is that the ~as built" dwelling is less Page 3 - Minutes Regular Meeting held April 18, 2002 Southold Town Zoning Board of Appeals than 15 feet and 20 feet on the side yards, and has a total side yard of less than 35 feet, and the proposed addition/alteration increases the degree of non- conformance. 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 pending receipt of information re: verified lot coverage with Building Department. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 0). 6:04 P.M. Appl. No. 5084 - 640 CHURCH ST., LLC by Tom McCarthy; Deacon Forth; Helen Brown; Angelo Stepnoski; Gene Chituk; Rev. Cornelius. This is a request for a Variance under Sections 100-143.A and 100-142, based on the Building Department's January 10, 2002 Notice of Disapproval. Applicant is proposing to construct a new building located in the Light-Industrial Zone District, with a building frontage (width) greater than 60 ft. long, and at less than 70 feet from the rear property line, at 640 Church Lane, Cutchogue; 96-1-11.1. 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 adjourn the hearing to May 2, 2002 at 7:15 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 0). 6:36 P.M. Appl. No. 5085 - ,JOHN and CYNTHIA KISTNER by ,John Kistner. This is a request for a Variance under Section 100-33, based on the Building Department's November 20, 2001 Notice of Disapproval for the "as built" location of an accessory storage building in an area other than the required rear yard, at 300 Holden Avenue, Cutchogue; 110-2-9. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 6:40 P.M. Appl. No. 5086 - JOHN and KATHLEEN AHEARN by John Ahearn. This is a request for a Variance under Sections 100-242A and 100-244B, based on the Building Department's January 14, 2002 Notice of Disapproval. Applicants have requested a building permit for construction of a rear deck addition which does not meet the side yard requirement of 10 feet on one side and 15 feet on the other side, and which exceeds the 20 percent lot coverage limitation of the code. Location of Property: 480 Dawn Drive, Greenport; 35-5-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horning, to close the hearing, reserving decision pending receipt of reduced lot coverage information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 6:49 P.M. Appl. No. 5087 - JOAN WOOD by Richard Ahlers. This is a request for a Variance under Section 100-244B based on the Building Department's December 20, 2001 Notice of Disapproval. Applicant is proposing to construct additions/alterations to a nonconforming accessory building with a total lot coverage exceeding the code limitation of 20 percent; at 8910 Peconic Bay Boulevard, Laurel; Parcel 126-5-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, Page 4 - Minutes Regular Meeting held April 18, 2002 Southold Town Zoning Board of Appeals 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). 7:00 P.M. Appl. No. 5089 - GARY and JOANNA CAMPO by Larry Liso. This is a request for a Variance under Section 100-244B, based on the Building Department's January 31, 1002 Notice of Disapproval. Applicant is proposing to construct an addition at less than 35 feet from the rear property line, at 650 Three Waters Lane, Orient; Parcel 15-6-24. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). 7:03 P.M. Appl. 5090 - JOHN and SUSAN BEDELL by P. Moore, Esq; Nancy Steelman. This is a request for a Variance under Section 100-244B, based on the Building Department's January 25, 2002 Notice of Disapproval. Applicant is proposing to construct additions and alterations to dwelling which will be less than 50 feet from the front property line, at 375 Wampum Way, Southold; Parcel 87-2-37 and 38 (combined as one 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 Tortora, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:10 P.M. Appl. 5091 - ROBERT S. and DOROTHY YOUNG. This is a request for a Variance under Section 100-33, based on the Building Department's February 4, 2002 Notice of Disapproval. Applicants propose a new accessory garage as a replacement with enlargement at less than ten feet from the closest lot line, at 62615 North Road, Greenport; 40-1-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:20 P.M. Appl. 5092 - R. and J. ARNOLD by Richard Arnold. This is a request for a Variance under Section 100-239.4B, based on the Building Inspector's January 14, 2002 Notice of Disapproval. Applicant is proposing to construct a rear deck addition with a setback at less than 75 feet from a wood retaining wall, at 2105 Bay Shore Road, Greenport; 53-4-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:25 P.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded by Member Oliva, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:38 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). Page 5 - Minutes Regular Meeting held April 18, 2002 Southold Town Zoning Board of Appeals PUBLIC HEARINGS~ continued: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 7:39 P.M. Appl. No. 5093 - EDGEWATER III by P. Moore, Esq; Ira Haspel, Architect. This is a request for a Variance under Sections 100-231, and 100- 31C.4B, based on the Building Department's Amended February 27, 2002 Notice of Disapproval. Applicant proposes: (1) after-dark lighting, a prohibited use, for a proposed accessory private tennis court structure, and (2) tennis court fencing over the height limitation of the code for an accessory private tennis court. Location of Property: Route 48 a/k/a Middle Road, Greenport; 40-1-21. 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). 7:53 P.M. Appl. No. 5094 - DONALD BUSKARD. This is a request for a Variance under Section 100-33 based on the Building Inspector's February 1, 2002 Notice of Disapproval, regarding the location of a proposed accessory swimming pool structure, at 2705 Gillette Drive, East Marion; 38-3-21.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:00 P.M. Appl. No. 5096 - GUS-MAR REALTY by Donna Gehrty. This is a request for a Variance under Section 100-244B based on the Building Department's February 7, 2002 Notice of Disapproval for the location of a new dwelling at less than 40 feet from both front property lines, at 380 Marina Lane, East Marion; 35-8-5.14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:04 P.M. Appl. No. 5097 - J. and C. SLECKMAN by Jim Sleckman, owner. This is a request for a Variance under Section 100-242A and 100-244B, based on the Building Inspector's January 28, 2002 Notice of Disapproval regarding the reconstruction of the dwelling with addition(s). The proposed construction with addition is ~as built~ at less than 10 feet on one side yard and less than the minimum 25 feet total for both sides, at 150 Oak Avenue, Southold; 77-2-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:10 P.M. Appl. No. 5121 - CUSTOM DESIGNER HOMES, INC., by C. Mesiano, for applicant. This is a request for a Variance under Section 100-32 based on the Building Department's March 4, 2002 Notice of Disapproval, regarding the 'as built" location of a proposed new dwelling, at less than 50 feet from a front property line facing a right-of-way, at 4700 Main Road, Greenport; 35-5-5.1. Page 6 - Minutes Regular Meeting held April 18, 2002 Southold Town Zoning Board of Appeals 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). 8:25 P.M. Appl. No. 5129 - ARLENE YOUNGMAN. This is a request for a Variance under Section 100-33C, based on the Building Department's February 22, 2002 Notice of Disapproval, requesting relief from the setbacks restricted under ZBA Appeal No. 5013 dated October 25, 2002, for an accessory garage building. The "as built~ location of the garage building is less than 10 feet from the side property line and less than 20 feet from the front property line, at its closest points. Location: 1010 Salt Marsh Lane, Peconic; 68-3-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:29 P.M. Appl. No. 5075 - DIANNE DANEK. This is a request for a Special Exception permit under Zoning Code Section 100-31B-14 to establish a Bed and Breakfast Use as an accessory to the applicant-owner's single-family dwelling use at 290 Private Road #32, also referred to as Great Pond Way, Minor Subdivision of Community Development Agency Lot #3, Southold; 59-9-10.3. Applicant proposes lodging for up to four (4) guests and a maximum of two (2) guest B & 13 rooms, as owner-resident occupying this dwelling. 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: Ail. This Resolution was duly adopted (5-0). 8:30 P.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded by Member Oliva, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:37 P.M. RESOLUTION (RECONVENE): Motion was offered by Member Tortora, seconded by Chairman Goehringer, to reconvene the meeting. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). PUBLIC HEARINGS~ continued: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 8:37 P.M. Appl. No. 5068 - CHRISTINE and GLENN DAWSON, regarding a request for a Certificate of Occupancy for two single family residential structures located at 150 Broadwaters Road, Cutchogue; 1000-104-10-8. Applicants (1) request an Interpretation of Section 100-241G and 100-242A of the Zoning Code; and (2) Appeal for a Variance or other relief, regarding the Building Department's Notice of Disapproval dated December 14, 2001, which states that an Accessory, nonconforming cottage is non-habitable based upon the Building Inspector's Housing Code Inspection Report of 4/13/00 and pursuant to Article XXIV, Section 100-241G, which states: Whenever a nonconforming use of a building or premises has been Page 7 - Minutes Regular Meeting held April 18, 2002 Southold Town Zoning Board of Appeals discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary shall no longer be permitted unless a variance therefore shall have been granted by the Board of Appeals. Stephen Angel Esq. for applicant; Robert Cipatelli, Esq., for Bruno Cipatelli; Ken Seifert; Barbara Ringwald; Douglas Klein; Bruno Cipatelli; Rob Gallagher; Nell McShane; Louis Sulich. 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 June 6, 2002. Vote of the Board: Ayes: All. This Resolution was duly adopted (S-0). 9:50 P.m. Appl. No. 5077 and 5078 - THEODORE LAOUDIS by P. Moore Esq. Continuation from the March 21, 2002 Hearings Calendar. 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). 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: APPROVED AS APPLIED P. AHLERS #5082 J. and C. KITSNER #5085 J. and S. BEDELL #5090 D. BUSKARD #5094 GUS-MAR REALTY #5096 J. and C. SLECKMAN #5097 CUSTOM DESIGNER HOMES #5121 ARLENE YOUNGMAN #5129 APPROVED WITH CONDITIONS R. and J. ARNOLD #5092 EDGEWATER III, #5093 G. and J. CAMPO #5090 DIANE DANEK #5075 DENIED, GRANT ALTERNATIVE RELIEF R. and D. YOUNG #5091 P. and M. NICOVIC #5065 DENI~D, GRANT ALTERNATIVE RELIEF WITH CONDITIONS JOAN WOOD #5087 Page 8 - Minutes Regular Meeting held April 18, 2002 Southold Town Zoning Board of Appeals RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Chairman Goehringer, and duly carried, to amend resolution adopted March 21, 2002 to calendar the following continuation hearing for Special Meeting on Thursday May 2, 2002 (instead of April 25t~): Appl. No. 5071 -Walter Teresko and E. McGrath. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). There being no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 11:30 P.M. Respectfully submitted, Inc~y Ref~nce: ,?iled ZBA Decisions (15) QMs/Gerard P. Chairman Goehringer, RECEIVED Southold Town Clef[