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HomeMy WebLinkAboutZBA-12/12/2002APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, DECEMBER 12, 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 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 12, 2002 commencing at 6:00 P.M. Present were: Gerard P. Goehringer, Chairman/Member Lydia Tortora, Member George Horning, Member Ruth Oliva, Member Vincent Orlando, Member Linda Kowalski, ZBA Confidential Secretary (left 10:40 p.m.) Paula Quintieri, Secretary 6:10 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 (SEORA): 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. 5199- ADRIANNE GREENBERG and MARY C. GABRIEL Appl. No. 5209 - DIANE DANEK Appl. No. 5212- FRANK SCAVONE Appl. No. 5215 - RONALD CASSARA Appl. No. 5216- E. SHEEHAN Appl. No. 5219 - JEREMY and dEAN GOELL Appl. No. 5225 - ROBERT and CELIA SWING Appl. No. 5226 - KATHY and dOHN CHESKA Appl. No. 5234 - GUSMAR REALTY Appl. No. 5229 - HILLER ESTATE Appl. No. 5214 - ROBERT and LEONA WHITE Appl. No. 5255 - HOMES ANEW I, LTD. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 2 - Minutes Regular Meeting held December 12, 2002 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 6:15 P.M. Appl. No. 5199- ADRIANNE GREENBERG and MARY C. GABRIEL by A. Greenberg. This is a request for a Variance under Section 100-244, based on the Building Department's July 8, 2002 Notice of Disapproval, for a proposed deck addition to the existing dwelling with a setback at less than 35 feet from the rear lot line, at 1115 Sound Drive, Greenport, Parcel No. 33-4-74. 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). 6:20 P.M. Appl. No. 6209 - DIANE DANEK by Diane Danek. This is a request for a Variance under Section 100-244, based on the Building Department's May 8, 2002 Notice of Disapproval, for approval of the nonconforming setback of an ~as- built" deck located at less than 35 feet from the front lot line, at 290 Great Pond Way, Southold; Parcel No. 59-9-10.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 6:25 P.M. Appl. No. 5212 - FRANK SCAVONE by Frank Scavone; Bob Grissel, opposition; Benja Schwartz, neighbor. This is a request for a Variance under Section 100-244, based on the Building Department's August 19, 2002 Notice of Disapproval, for a proposed accessory building at less than five feet from the side yard line, at 1615 Fleetwood Road, Cutchogue, 137-4-35. 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). 7:00 P.M. Appl. No. 5215 - RONALD CASSARA by Tom Samuels, Architect. This is a request for Variances under Sections 100-33 and 100-239.4, based on the Building Department's August 22, 2002 Notice of Disapproval, for proposed additions at less than 100 feet from the top of the bluff or bank at its closest points, and a request to demolish and build a garage building at less than 20 feet from the side lot line and less than 100 feet from the top of the bluff or bank at its closest point. Location of Property: 30185 Cabot Woods Road, Peconic; 73-4-1. 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 January 16, 2003. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:21 P.M. Appl. No.5216 - E. SHEEHAN by Tom Samuels, Architect. This is a request for a Variance under Section 100-242A and 100-33, based on the August 19, 2002 Building Department's Notice of Disapproval. Applicant is proposing an expansion and increased height of the existing accessory structure located at less than 10 feet from the rear lot line, and at less than 75 feet from the bulkhead. Location of Property: 640 Park Ave., Mattituck; 123-7-11.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under Page 3 - Minutes Regular Meeting held December 12, 2002 Southold Town Zoning Board of Appeals separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision pending receipt from Architect of site plan showing accessory structure pulled back and side profile by ,January 5, 2003. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:28 P.M. Appl. No. 5219 - JEREMY and JEAN GOELL, by Rob Lehnert, Architect. This is a request for a Variance under Section 100-244B based on the Building Department's August 22, 2002 Notice of Disapproval, concerning proposed additions and alterations to an existing building with setbacks closer than 35 feet from each the front lot line and rear lot line. Location of Property: Main Street (New Suffolk Avenue), New Suffolk; 117-9-16.2. BOARD RESOLUTION: {Please see transcript of written statements prepared under separate cover.} After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted {5-0). 7:33 P.M. Appl. No. 5225 - ROBERT and CELIA SWING, by F. Notaro, Architect and Mr. and Mrs. Swing. This is a request for a Variance under Section 100- 244B based on the Building Department's August 22, 2002 Notice of Disapproval concerning the nonconforming setback location of "as-built" additions and alterations at less than 10 feet on a single side yard and less than the minimum requirement of 25 feet for total side yards. Location of Property: 445 Island View Drive, Greenport; 57-2-27. 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 recess the hearing to January 16, 2003, pending receipt of amended Notice of Disapproval. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 0). 7:44 P.M. Member Tortora left the room. 7:44 P.M. Appl. No. 5226 - KATHY and JOHN CHESKA by Dario Agarabi of DA Architecture. This is a request for a Variance under Section 100-244B based on the Building Department's August 26, 2002 Notice of Disapproval, concerning proposed second story additions and alterations with a front yard setback at less than 35 feet. Location of Property: 1300 Minnehaha, Southold; 87-2-11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close the hearing, reserving decision pending receipt of survey from Architect. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (4-0). Member Tortora was out of room. 7:48 P.M. Appl. No. 5234 - GUSMAR REALTY by Donna Geraghty and William Dinisi, owner. This is a request for a Variance under Section 100-244 based on the Building Department's September 27, 2002 Notice of Disapproval, concerning "as-built" foundation (under BP #28558-Z for new construction) with a front yard setback at less than 40 feet. Location of Property: 610 Chois Lane, East Marion; 35-8-5.19. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). Page 4 - Minutes Regular Meeting held December 12, 2002 Southold Town Zoning Board of Appeals 7:50 P.M. Member Tortora returned to room. 8:00 P.M. Appl. No. 5214 - ROBERT and LEONA WHITE, by P. Moore, Esq. A Lot Waiver is requested under Section 100-26 to unmerge a parcel containing 14,000 sq. ft. of land area, from the adjacent la.nd area also with an area of 14,000 sq. ft. Based on the Building Department's August 22, 2002 Notice of Disapproval, Lot 28 merged with Lot 27 due to common ownership for a period of time after May 1983. Location of Property: 2290 Harbor Lane, Cutchogue, Parcel Nos. 103-1-27 and 28. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Tortora, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0}. Chairman Goehringer did not participate in this hearing. 8:40 P.M. Appl. No. 5255 - HOMES ANEW I, LTD., by Lou Meltzer and Frank Ristituto of Homes Anew; Tom Storm. This is a request for a Reversal of the Building Department's November 6, 2002 Notice of Disapproval for certain interior alterations and/or renovations in a pre-existing nonconforming multi-family dwelling, existing with a nonconforming front yard setback. Under Sections 100- 3lA and 100-31A.3, a multi-family dwelling is not a permitted use in the R-40 Residential Zone District, and a setback is required at 50 feet. In the alternative, a Variance is requested under Section 100-243 to allow certain interior alterations and/or renovations within the existing residential building in its present setback location. Location of Property: 9625 Main Bayview Road, Southold; Parcel 88-3- 23.1. 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, for approximately 20 minutes. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:00 P.M. Appl. No. 5179 - CHARLES and CHARLIE SIDOROWICZ. Harvey Arnoff, Esq. (This is a continued hearing, carried from the October 17, 2002 calendar.) Proposed is a new accessory garage building in an area other than the required rear yard, at 330 Cox Neck Road, Mattituck; 113-8-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing to verbatim, pending receipt of documents as discussed. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:26 P.M. Appl. No. 5255 - RECONVENNED - HOMES ANEW I, LTD. Christine Werner and Lou Meltzer for 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. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:31 P.M. Appl. No. 5278 - RICHARD and ANN VANDERBURGH. This is a request for a Variance under Section 100-244 and 100-242A, based on the Building Inspector's November 26, 2002 Notice of Disapproval, for new construction as amended, (after demolition) of the existing dwelling, at less than 35 feet from the property line, at 1405 Oak Drive, Southold; Parcel 80-1-42. BOARD RESOLUTION: (Please see transcript of written statements prepared Page 5 - Minutes Regular Meeting held December 12, 2002 Southold Town Zoning Board of Appeals under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to approve this application, as applied. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:00 P.M. Appl. No. 5193 - MAINTREE CORPORATION. (This is an open recess as a continued hearing, carried over from October 17, 2002 pending receipt of additional information). This application involves consideration for a change of use of the premises from Adult Home to tourist home and/or country inn; 25500 Main Road, East. Marion. BOARD RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Oliva, to recess to February 20, 2003, per applicant's request. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTIONS [ DECISIONS/OTHER ACTIONS on the following: A. Applications pending action from previous meeting calendars: 1. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the written portion of the record for the below listed applications. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Appl. No. 5210 - David and Laurel Smith Appl. No. 5158- Martem Management (A. Marinakas) Appl. No. 5150- T. Laoudis Appl. No. 5160 - Miriam Realty 2. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Tortora, to confirm new hearing dates for below listed applications. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). Appl. No. 5184- W. Seifert. Hearing calendar 1/16/03 instead of 1/9/03. Appl. No. 4942 - Breezy Shores. Hearing calendar 1/16/03 instead of 1/9/03. Appl. No. 5192 - Bell and Burkhardt. Hearing calendar 2/20 instead of 2/6/03. Appl. No. 5193 - Maintree Corp., resolution from earlier this evening (to 2/20/03). Appl. No. 5194 - LaGuardia REMINDER: hearing carryover for 2/20/03 (resolution adopted 11/14/02). Appl. No. 5229 - Hiller Estate. Lot Waiver (described land) 1/16/03. Appl. No. 5051 - Cliffand Phil's Lobsterhouse. REOPEN hearing 1/16/03. 3. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Tortora, to reopen Appl. No. 5051 - Cliff and Phil's Lobsterhouse, with use variance review limitation, and schedule hearing for 1/16/03. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). B. 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: Page 6 - Minutes Regular Meeting held December 12, 2002 Southold Town Zoning Board of Appeals DENY, WITH ALTERNATIVE RELIEF: Appl. No. 5210 - David and Laurel Smith REVERSAL OF BUILDLING INSPECTOR DETERMINATION: Appl. No. 5255 - HOMES ANEW I DENY, GRANT ALTERNATIVE RELIEF WITH CONDITIONS: Appl. No. 5158, 5230 as amended - Martem Management (A. Marinakas) Appl. No. 5150 - Theodore and Angela Laoudis Appl. No. 5160 - Miriam Realty APPROVED AS APPLIED: Appl. No. 5278 - Richard W. Vandenburgh There being no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 11:00 P.M. Respectfully submitted, I~i~ada Kowalsk'f Includ"od by Reference: Filed ZBA Decisions (6) Gerard P. Goehringer, Chairman Approved for Filing 2 2 Iowa Clef[