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HomeMy WebLinkAboutZBA-11/14/2002APPEALS 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, NOVEMBER 14, 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 RECEIVED ~,~ull~o~;~ Towa 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, November 14, 2002 commencing at 6:30 P.M. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member George Horning, Member Ruth Oliva, Member (6:44 p.m. to end) Vincent Orlando, Member Paula Quintieri, Secretary 6:37 P.M. Chairman Goehringer called the meeting to order. 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 Homing, 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. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. 5223 - DANIEL WEST 5213 - THOMAS VLAHOS 5195 - DIANE DUNBAR 5201 - RORY KLINGE and CAROL RAND 5210 - DAVID and LAUREL SMITH 5207 - GARY and JOANNA CAMPO 5198 - SUSAN LAGUARDIA 5203 - RONALD and DIANE EKSTER 5206 - PATRICIA GARABRANT 5205 - FRANK and CAMILLE PIROZZI 5196 - MARC RUBENSTEIN and PATRICIA PIERCE 5197 -ALEXANDER D. WALKER, III 5051 - ELBOW EAST (CLIFF and PHIL's LOBSTER HOUSE} Page 2 - Minutes Regular Meeting held November 14, 2002 $outhold Town Zoning Board of Appeals Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva 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: 6:39 P.M. Appl. No. 5223 - DANIEL WEST by Daniel West. This is a request for a Variance under Section 100-244B, based on the Building Department's July 27, 2002 Notice of Disapproval, for permission to construct additions/alterations to an existing dwelling, part of which is located at less than 35 feet from the front property line facing a private right-of-way. 120 Private Road, 665 Goose Creek Lane, Southold; Parcel 77-3-24. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 6:44 P.M. Member Oliva arrived. 6:45 P.M. Appl. No. 5213 - THOMAS VLAHOS by Tom Vlahos; Paul Gableman, neighbor. This is a request for a Variance under Section 100-244B based on the Building Department's August 20, 2002 Notice of Disapproval, for permission to construct a second-floor addition to an existing dwelling over the rear portion which has a nonconforming location at less than 35 feet from the rear property line. 250 Summit Drive, Cpt. Kidd Estates, Mattituck; Parcel 106-2-9. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). 6:50 P.M. Appl. No. 5195 - DIANE DUNBAR by Diane Dunbar. This is a request for a Variance under Section 100-24413, based on the Building Department's July 9, 2002 Notice of Disapproval, regarding proposed additions/alterations to an existing dwelling in a nonconforming location at less than 35 feet from the front property line. 615 Dogwood Lane, East Mar/on; Parcel 37-1-11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 6:55 P.M. Appl. No. 5201 - RORY KLINGE and CAROL RAND by R. Klinge and Mr. Kramer, Architect. This is a request for a Variance under Sections 100-242A and 100-244, based on the Building Department's July 24, 2002 Notice of Disapproval, for permission to construct additions and alterations to an existing dwelling in a nonconforming setback location, and less than 35 feet from the front lot line, less than 10 feet on a single side, and less than 35 feet for both side yards. Location of Property: 420 Sterling Place, Greenport; Parcel 34-3-17. 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 11/21/002 at 7:15 P.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3 - Minutes Regular Meeting held November 14, 2002 Southold Town Zoning Board of Appeals 7:20 P.M. Appl. No. 5210 - DAVID and LAUREL SMITH by Vicki Toth. This is a request for a Variance under Section 100-30A.3, based on the Building Department's July 26 2002 Notice of Disapproval, for permission to construct additions/alterations to an existing dwelling in a nonconforming location at less than 50 feet from the front lot line. Location of Property: 1010 Bay Avenue, Mattituck; Parcel 143-3-17. 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). 7:30 P.M. Appl. No. 5207 - GARY and JOANNA CAMPO. This is a request for a Variance under Section 100-30A.4, based on the Building Department's July 23, 2002 Notice of Disapproval, for permission to construct an accessory garage in an area other than the required rear yard. Location of Property: 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 recess the hearing to 11/21/002 at 7:20 P.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:37 P.M. Appl. No. 5198 - SUSAN LAGUARDIA. This is a request for a Variance under Section 100-3lA, based on the Building Department's May 14, 2002 Notice of Disapproval, denying "as built" alterations to an existing two-story accessory building, for the reason that such alterations are not permitted as designed for a second dwelling use on the property. Location of Property: 2950 Camp Mineola Road, Mattituck; 123-5-5. 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 recess the hearing to 2/20/003. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:38 P.M. Appl. No. 5203 - RONALD and DIANE EKSTER. This is a request for a Variance under Sections 100-242A and 100-244B, based on the Building Department's March 1, 2002 Notice of Disapproval, for permission to locate a deck addition at less than 35 feet from the property line. Location of Property: 1700 Main Street, New Suffolk; Parcel 117-9-23. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, 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. 5206 - PATRICIA GARABRANT by Lynn Atkinson Loveless, Esq. Proposed Accessory Bed and Breakfast use incidental to the applicant- owner's residence in the existing dwelling, located at 9625 Main Road, East Marion; Parcel 31-3-21. Applicant proposes lodging for up to four (4) guests and a maximum of two (2) guest B&B rooms, with serving of breakfast to the applicant's guests under the Bed and Breakfast. 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). Page 4 - Minutes Regular Meeting held November 14, 2002 Southold Town Zoning Board of Appeals 7:55 P.M. Appl. No. 5205 - FRANK and CAMILLE PIROZZI. This is a Variance under Section 100-244B, based on the Building Department's July 23, 2002 Notice of Disapproval, for proposed additions/alterations to existing dwelling which will be less than 35 feet from the front lot line. Location of Property: 1090 Bayview Drive, East Marion; Parcel 37-5-9. 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). 7:57 P.M. Appl. No. 5196 - MARC RUBENSTEIN and PATRICIA PIERCE by Barbara Ham, Esq. This is a request for Variances under Sections 100-243A, 100- 242A and 100-244, based on the Building Department's July 5 2002 Notice of Disapproval, for permission to construct additions and alterations to an existing dwelling and two accessory nonconforming guest cottages which increases the degree of nonconformance or creates a new nonconformance, and which is proposed at less than 55 feet from the front lot line. Location of Property: Madeline Avenue, Fishers Island; Parcel 6-7-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horning, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:06 P.M. Member Tortora left room. 8:06 P.M. Appl. No. 5197 - ALEXANDER D. WALKER, III by Barbara Ham, Esq. This is a request for a Variance under Section 100-244, based on the Building Department's July 8, 2002 Notice of Disapproval, for proposed additions/alterations to an existing dwelling at less than 55 feet from the rear lot line. Location of Property: Mansion Drive, Fishers Island; Parcel 1000-6-6-16 & 17 (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 Homing, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was out of the room. 8:10 P.M. Member Tortora returned to the room. 8:10 P.M. Appl. No. 5150 - T. and A. LAOUDIS by P. Moore, Esq. (Continued hearing, carryover from October 17, 2002). Height variances are requested for proposed stone wall and gate structure, ail exceeding the code's height limitation of four feet in or along a front yard, at 635 Kimberly Lane, Southold; 70-13-20.4. 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). 8:20 P.M. Appl. No. 5160 - MIRIAM REALTY by P. Moore, Esq., Joseph Fischetti. (Continued hearing, carryover from September 29, 2002). Proposed are (1) additions and alterations to an existing dwelling with setbacks at less than 10 feet on one side and less than 25 feet total side setbacks, (2) an accessory building at less than three feet from the property line, (3) total lot coverage for all buildings in Page 5 - Minutes Regular Meeting held November 14, 2002 Southold Town Zoning Board of Appeals excess of the code limitation of 20 percent. Location of Property: 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 close to verbatim, and recess the hearing to 12/12/02. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:00 P.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded by Member Orlando, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:15 P.M. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer, seconded by Member Orlando, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS {continued): The following public heatings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 9:16 P.M. Appl. No. 5051 - CLIFF and PHIL'S LOBSTER HOUSE by George Tsunis, Esq., Wm. Berliner, Jr., Chef/owner, P. Moore Esq. (Continued hearing from February 28, 2002). Based on the Building Department's Notice of Disapproval issued November 13, 2001, amended/updated October 22, 2002, applicant requests zoning determinations for: (a) an Interpretation under Article XXIV, Section 100-243 to Reverse the Building Department's determination which states that the proposed addition/alterations to an existing restaurant establishment is not permitted in a Residential R-40 District, or alternatively a Variance authorizing the proposed addition to the existing restaurant, a non conforming use in a nonconforming building and (b) a setback variance is also requested under Section 100-244B for an addition to the existing building which will be less than 40 feet from the front property line. Location of Property: Comer of the east side of Kenny's Road and the south side of North Sea Drive, Southold; Parcel 54-5-22. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close to verbatim, and recess the hearing to 12/12/02. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). POSSIBLE DELIBERATIONS/DECISIONS: Appl. No. 5190 - JOE LAUBER - BOARD RESOLUTION: 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). 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: Page 6 - Minutes Regular Meeting held November 14, 2002 Southold Town Zoning Board of Appeals DENY Appl. No. 5174 - Arlene Manos Appl. No. 5084 - 640 Church St LLC APPROVED WITH CONDITIONS: Appl. No. 5196 - Marc Rubenstein and Patricia Pierce APPROVED AS APPLIED: Appl. No. 5197 -Alexander D. Walker, II RESOLUTIONS/UPDATED REVIEWS/OTHER: RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Oliva, and duly carried to confirm Special Meeting for 11/21/02 at 6:30 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). B. Chairman Goehringer confirmed the next Regular Meeting date of December 12, 2002 at 6:00 p.m. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Orlando, and duly carried, to authorize advertising of hearings for Regular Meeting to be held January 16, 2003 at 9:30 a.m. at Town Hall, 53095 Main Road, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). D. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Oliva, and duly carried to set Special Meeting date for 1/7/03 at 6:30 p.m. Vote of the Board: Ayes: All. 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 12:00 A.M. Respectfully submitted, Linda Kowalski Inclp~e~,y.~Reference: Fi?ed ZBA Decisions (4} , Chair Approved tor l"'~l~ng RECEIVED $~~ tier[