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HomeMy WebLinkAboutZBA-09/19/2002Office 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.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, SEPTEMBER 19, 2002 Southol,t Town Cleft 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, September 19, 2002 commencing at 6:30 P.M. Present were: Gerard P. Goehringer, Chairman/Member Lydia A. Tortora, Member George Horning, Member Ruth Oliva, Member Vincent Orlando, Member Paula Quintieri, Clerk Typist 6:35 P.M. Chairman Goehringer called the meeting to order with the Pledge of Alleg/ance. The Board proceeded with the first item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Orlando, 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. 5160 - Miriam Realty Appl. No. 5183 - Helen Booth Appl. No. 5165 - S. Egan Appl. No. 5166 - C. McEnaney Appl. No. 5168- A. and G. Berkoski Appl. No. 5164- V. Toth Appl. No. 5170 - F. and F. Kikiras Appl. No. 5169 - Northeast Overseas Trading Co. Appl. No. 5175- T. and K. Uhlinger Appl. No. 5167 - R. and M. Voelkel Appl. No. 5158- Martem Management/Marinakis Appl. No. 5174- A. Manos Appl. No. 5171 - S. Sachman and A. Quadrani Appl. No. 5156 - R. and B. Taylor Page 2 - Minutes Regular Meeting held September 19, 2002 Southold Town Zoning Board of Appeals Appl. No. 5188 - E. and P. Quintieri Appl. No. 5191 - M. and E. McAllister Unlisted Declarations with Neqative Effect on the Environment: Appl. No. 4778 - Crazy Chinaman Corp. Others pending site plan or other aqenctt lead aqenc~ coordinations: (None). 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: 6:36 P.M. Appl. No. 5160 - MIRIAM REALTY. George Konnaris, Architect; Nick Leimone. This is a request for Variances under Zoning Code, Sections 100-242A, 100-244, 100-33 and 100-30A3, based on the Building Inspector's April 26, 2002 Notice of Disapproval. Applicant is proposing to construct (1) additions and alterations to an existing dwelling with setbacks at less than 10 feet on one side and less than 25 ft. total side setback, and (2) an accessory building at less than three feet from the property line, and (3) total lot coverage for all buildings in excess of the code limitation of 20 percent of the lot. Location: 425 Miriam Road, Mattituck; Parcel 99-1-31. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando to recess the hearing to November 14, 2002. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:10 P.M. Appl. No. 5183 - HELEN BOOTH, Artie Foster, for applicant. This is a request for a Variance under Section 100-242A, based on the Building Inspector's June 29, 2002 Notice of Disapproval for applicant to construct a new dwelling, after removal of the dwelling which exists in a nonconforming location. The new dwelling is proposed with setbacks at 35 feet from the front yard line and with a single side yard of less than 10 feet, at 405 Fasbender Avenue, Peconic; Parcel 67- 6-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando 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. 5166 - CHRISTINE McENANEY. This is a request for a Variance under Section 100-244B, based on the Building Department's May 9, 2002 Notice of Disapproval. Applicant is proposing to construct a front porch addition with a setback at less than 35 feet from the front lot line, at 2205 Gillette Drive, East Marion; Parcel 38-3-14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horuing to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:20 P.M. Appl. No. 5165 - SUZANNE M. EGAN by J. Gould, Esq.; Hal Poshman; Nora Konant; Mary Ryder. This is a request for a Special Exception under Article Page 3 - Minutes Regular Meeting held September 19, 2002 Southold Town Zoning Board of Appeals III, Section 100-30A.2B and 100-31B, subsections 14a-d of the Southold Town Zoning Code {amended 2-7-9). Applicant-owner is requesting an Accessory Bed and Breakfast use, incidental and accessory to the owner's residence in this single-family dwelling, with up to three (3) B & B bedrooms and serv/ng of breakfast to not more than six (6) casual, transient roomers. Locations: 37415 Main Road, Orient; Parcel 20-1-3.2, 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 Orlando to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:35 P.M. Appl. No. 5168 - ANTONE and GERALDINE BERKOSKI by Tony Berkoski. This is a request for a Variance under Section 100-33 based on the Building Department's April 8, 2002 Notice of Disapproval. Applicants are proposing to locate an accessory barn in a side yard rather than a rear yard, at 8580 Cox Lane, Cutchogue; Parcel 83-3-3.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Homing 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. 5164 - VICKI TOTH by Vicki Toth. This is a request for a Variance under Section 100-31C{8), based on the Building Department's May 8, 2002 Notice of Disapproval. Applicant is proposing to construct an accessory horse barn on an as-built foundation, located with a setback at less than 40 feet. (Ref. Building Permit 28117-z). Location: 425 Jacobs Lane, Southold; Parcel 88- 1-1.5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:45 P.M. Appl. No. 5170 - FOTIOS and FOTINI KIKIRAS .by Mr. and Mrs. Goranitis for applicant; Mr. and Mrs. Moisa. This is a request for a Variance under Section 100-33, based on the Building Department's April 15, 2001 Notice of Disapproval concerning an as-built accessory (auto shelter) structure in a front yard location rather than a rear yard, at 150 Windward Road, Orient; Parcel 19-2- 12.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando 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. 5169 - NORTHEAST OVERSEAS TRADING CO. This is a request for a Variance under Section 100-244 based on the Building Department's May 8, 2002 Notice of Disapproval. Applicant is requesting approval of the location of an "as built" deck addition at less than 35 feet from the rear lot line. Location: 3570 Kenney's Road, Southold; Parcel 54-5-23. 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). Page 4 - Minutes Regular Meeting held September 19, 2002 Southold Town Zoning Board of Appeals 8:16 P.M. Appl. No. 5175 - THOMAS and KAREN UHLINGER by Tom Uhlinger. This is a request for a Variance under Sections 100-242A and 100-244, based on the Building Department's May 16, 2002 Notice of Disapproval for a new front porch addition at less than 50 feet from the front line. The existing dwelling has an existing location with a nonconforming front yard setback. Location: 13370 Oregon Road, Cutchogue; Parcel 83-3-7.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Horuing, seconded by Chairman Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). 8:20 P.M. Appl. No. 5167 - ROBERT J. and MAUREEN C. VOELKEL. This is a request for a Variance under Section 100-244B, based on the Building Department's May 1, 2002 Notice of Disapproval. Applicants propose an addition to the existing dwelling at less than 40 feet from the front lot line, at 95 Pine Tree 'Road, Cutchogue; Parcel 103-6-5. 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). 8:23 P.M. Appl. No. 5158 - MARTEM MANAGEMENT, INC., by Artemios Marinakis_; P. Moore, Esq.; E. Karvanaras and Dorothy Broach, neighbors. This is a request for a Variance under Sections 100-30A3 and 100-30A4, based on the Building Department's April 2, 2002 Notice of Disapproval. Applicant is proposing to construct a tennis court structure: (1) at less than five feet from the lot line(s), (2) in a yard other than a permitted rear yard, and (3) with a lot coverage over the code limitation of 20%. Location: East Side of Stars Road, East Marion; Parcels Nos. 22-4-28 and 22-2-20 (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 Orlando to recess the hearing to October 3, 2002 at 7:20 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:45 P.M. RESOLUTION (BREAK): Motion was offered by Member Oliva, seconded by Chairman Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:55 P.M. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer, seconded by Member Oliva, 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: 8:55 P.M. Appl. No. 5163 - NATHANIEL and SUSAN KWIT, by Tom Samuels, Architect. This is a request for Variances under Section 100-239 based on the April 18, 2002 Notice of Disapproval, for proposed reconstruction of a two-story Page 5 - Minutes Regular Meeting held September 19, 2002 Southold Town Zoning Board of Appeals residence in a nonconforming location at less than 75 feet from the bulkhead structure and less than the 50 feet from the rear property line. The existing nonconforming dwelling will be demolished. Location: 1000 Old Harbor Road, New Suffolk; Parcel 117-5-12.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Homing to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:07 P.M. Appl. No. 5174 - ARLENE MANOS by C. Mesiano. This is a request for a Variance under Section 100-239.4A(1), based on the Building Department's April 2, 2002 Notice of Disapproval, to locate an accessory in-ground swimming pool at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 2000 Sound Drive, Oreenport; Parcel 33-1-18. 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 recess the hearing to October 17, 2002. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:20 P.M. Appl. No. 5171 - STEPHEN SACHMAN and ALEXIA QUADRANI by C. Mesiano; Judith and Celeb Simon. This is a request for a Variance under Section 100-242A and Section 100-244, based on the Building Department's May 8, 2002 Notice of Disapproval for a proposed second-story addition at the same nonconforming southerly side yard setback as exists, at less than the code requirement of 15 feet. Location of Property: 4705 Nassau Point Road, Cutchogue; Parcel 111-9-9. 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: Ail. This Resolution was duly adopted (5-0). 9:30 P.M. Appl. No. 5156 - ROBERT and BARBARA TAYLOR. This is a Variance under Section 100-33A, based on the Building Department's April 22, 2002 Notice of Disapproval, for a proposed accessory garage at a height that exceeds the code limitation of 18 feet. Location: 21755 CR 48, a/k/a/ North Road, Cutchogue; Parcel 96-1-18.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horning to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:35 P.M. Appl. No. 4778 - CRAZY CHINAMAN CORP., by Wm. Goggins, Esq. This is a request for a Special Exception under Article VII, Section 100-71B(5) to establish apartment use over an existing professional office as provided under Section 100-91B(4}. Location: 11775 Main Road, Mattituck; Parcel 141-4-36; Zone District: RO Residential Office. 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 pending receipt of actual square footage. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 6 - Minutes Regular Meeting held September 19, 2002 Southold Town Zoning Board of Appeals 9:45 P.M. Appl. No. 5188 - EDWARD and PAULA QUINTIERI by Ed Quintieri. This is a request for Variances under Section 100-33C and Section 100-244, based on the Building Department's February 19, 2002 Notice of Disapproval. Applicants are proposing to locate an accessory garage building: (1) in an area other than a permitted front yard or rear yard, and (2} with a setback at less than 40 feet from the front yard line at its closest point. Location: 480 North Riley Avenue, Mattituck; Parcel 122-3-343.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:50 P.M. Appl. No. 5191 - MALCOLM and ETHEL McALLISTER by R. Lark, Esq. This is a request for a Variance under Section 100-33, based on the Building Department's July 8, 2002 Notice of Disapproval. Applicants request approval of the as-built location (as formed) of a new swimming pool in an area other than the permitted rear or front yard, or the required side yard provided under ZBA Appl. No. 5025 rendered 12/13/01. Location: Northwest side of Ocean View Ave., Fishers Island; County Parcel No. 9-6-8.4 and 8.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 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 WITH CONDITIONS: M. and E. McALLISTER #5191 Straw Poll discussed during Deliberations from list at tonight's Agenda. RESOLUTIONS/UPDATED REVIEWS/OTHER: RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to accept and advertise new hearings in complete form for October 17, 2002 at Southold Town Hall, 53095 Main Road, Southold, NY. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Chairman Goehringer confirmed the next Special Meeting to be held on October 3, 2002, for carryovers/decisions when appropriate, plus carryover hearings for: 7:00 p.m. Appl. No. 5150 - T. and A. LAOUDIS. Two stonewall entry gates over 4' in height in a front yard. Page 7 - Minutes Regular Meeting held September 19, 2002 Southold Town Zoning Board of Appeals 7:10 p.m. Appl. No. 5084 - 640 CHURCH ST. LLC. Multiple variances relative to building and r-o-w standards (continuation from 8-22-02). 7:20 p.m. Appl. No 5158 - Martem Management/Marinakis. 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 10:30 P.M. Respectfully submitted, Inclu~t)by Reference:f Filed ZBA Decision (1) ~/Gerard P. G/oehringer', Chairm'an Approved for Filing $outhold Town Cle~[