HomeMy WebLinkAboutZBA-06/25/2009Office 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.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, JUNE 25, 2009
RECEIVED
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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, June
25, 2009 commencing at 9:30 A.M.
Present were:
Gerard P. Goehringer, Chairman/Member
Leslie Kanes Weisman, Member
Ken Schneider, Member
Jennifer Andalora, Assistant Town Attorney
Linda Kowalski, ZBA Confidential Secretary
Absent were: Ruth D. Oliva, Member
Michael A. Simon, Member
9:47 A.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. A. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD
RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Weisman, to
declare the following Declarations: Type II Actions with no further steps regarding requests
setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests:
DURANTE and ANNA GALEOTAFIORE #6286.
MICHAEL and KATHLEEN MIGGINS # 6285.
S. VILLAREAL and D. VILLAREAL # 6288.
ANGELICA BERGOLEA and ISKENDER EREY # 6283.
MICHAEL and ROBIN DREWS #6282.
JOE RUGGIERI and RONNIE RUGGIERI (by John Ruggieri) #6291.
SPIRO GEROULANOS #6290.
MICHAEL CONWAY # 6267.
DANIEL and NANCY FISHER #6292.
BABS CORP. # 6284.
B. SEQRA Reviews Pending (Tabled, Additional Information to be submitted): ROMANELLI
REALTY INC. #6100 Variances, and #6224 - Special Exceptions for commercial uses (contractors'
yards).
Page 2 - Minutes
Regular Meeting held June 25, 2009
Southold Town Zoning Board of Appeals
C. SEQRA Reviews Pending (Tabled, Additional Information to be submitted): E&C PROPERTY
HOLDING, INC. with EDUCATIONAL & CULTURAL FUND OF THE JOINT INDUSTRY BOARD
FOR THE ELECTRICAL INDUSTRY #6245 - Special Exception for Meeting House and Motel
Units.
Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Olive and Simon
were absent.
II. RESOLUTONS/DELIBERATIONS/DECISIONS were tabled to afternoon session.
III. PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer
introducing each application, and Member reading of the Legal Notice as published:
9:45 A.M. DURANTE and ANNA GALEOTAFIORE #6286. Frank Notaro, Architect; Dick
Marschan, opposition. Requests for Variances, based on an application for a building
permit and the Building Inspector's December 2, 2008 Notice of Disapproval concerning
new additions and alterations to the existing single-family dwelling. Variances are
requested: (1) under Section 280-122 and Code Interpretation under ZBA #5039 (Walz),
and for the reason that construction is proposed with an increase in the degree of
nonconformance with regard to existing nonconforming single side yard, and each front
yard, and (2) under Section 280-124 for additions at less than 10 feet on a minimum single
side yard setback, at less than 35 feet from the front lot lines along Hobart Road, and at
less than 35 feet from the front lot line along Old Shipyard Lane. Location of Property:
2635 Hobart Road (and Old Shipyard Lane), Southold; CTM 1000-64-5-31. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded
by Member Weisman, to close the hearing, reserving decision pending receipt of updated
site plan showing shed and lot coverage. Vote of the Board: Ayes: All. This Resolution
was duly adopted (3-0). Members Olive and Simon were absent.
10:14 A.M. MICHAEL and KATHLEEN MIGGINS # 6285 by Patricia Moore, Esq., Gregory
Kramer for Elizabeth Kramer, Opposition. This is a Lot Waiver request under Article II,
Code Sections 280-10A and Section 280-11, based on an application for a building permit
and an application to unmerge properties for an area of 13,987 square feet as a separate
lot. Based on the Building Inspector's February 23, 2009 Notice of Disapproval
determination and Article II, Code Sections 280-10A and Section 280-11, this 13,987
square feet of land area has merged with the adjacent 8,902 square feet of land area.
Location: 200 East Lane (and adjacent land known as 555 South Lane), East Marion,
shown as County Tax Map Numbers 1000-31-15-12 and '/000-3'/-15-13 respectively.
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 pending receipt of
information with regard to lots in the area from Patricia Moore, Esq. Vote of the Board:
Ayes: All. This Resolution was duly adopted (3-0). Members Oliva and Simon were
absent.
10:30 A.M.S. VILLAREAL and D. VILLAREAL # 6288. Robert Barrett, PE (for owners);
Michael Verity, Chief Building Inspector; Paul Dinizio and Paul Davis, opposition.
Requests for Variances based on an application for a building permit and the Building
Page 3 - Minutes
Regular Meeting held June 25, 2009
Southold Town Zoning Board of Appeals
III. PUBLIC HEARINGS, continued: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as published:
Inspector's June 10, 2008 Notice of Disapproval under Section 280-15 for the reason that
an accessory garage on this 11,256 square foot lot because the code requires accessory
buildings located in a required rear yard, subject to (1) the new construction is less than
15 feet from a property line and is proposed at a height of 20 feet, and (2) the new
construction is not located in the code-required rear yard. Location of Property: 722
Brown Street, Greenport; CTM 48-3-25.1. BOARD RESOLUTION: (Please see transcript
of written statements prepared under separate cover.) After receiving testimony, motion
was offered by Chairman Goehringer, seconded by Member Weisman, to adjourn the
hearing to 11:45 a.m. today for discussion with client with regard to modifying plans to
conform to code. Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0).
Members Oliva and Simon were absent.
11:16 A.M. ANGELICA BERGOLEA and ISKENDER EREY # 6283, by Mark Schwartz,
Architect. Requests for Variances under Sections 280-116B and 280-124, based on an
application for a building permit and the Building Inspector's February 17, 2009 Notice of
Disapproval for additions and alterations to the existing single-family dwelling proposed at:
(1) less than the code-required minimum of 75 feet from the bulkhead adjacent to Orient
Harbor; (2) less than 10 feet on a single side yard, and (3) less than a total of 25 feet for
combined side yard setbacks, at 680 South Lane, East Marion; CTM 38-6-7. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded
by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes:
All. This Resolution was duly adopted (3-0). Members Oliva and Simon were absent.
11:26 A.M. MICHAEL and ROBIN DREWS #6282. Mark Schwartz, Amhitect for applicant;
Mike Verity, Chief Building inspector. Requests for Variances based on an application for
a building permit and the Building Inspector's February 17, 2009 Notice of Disapproval for
construction of deck and platform accessory structures at less than the code-required
minimum of 75 feet from the bulkhead adjacent to Little Peconic Bay, at 7425 Nassau Point
Road, Cutchogue; CTM 118-4-2. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, motion was offered
by Chairman Goehringer, seconded by Member Weisman, to close the hearing, reserving
decision pending future application for additional work on site. Vote of the Board: Ayes:
All. This Resolution was duly adopted (3-0). Members Oliva and Simon were absent.
11:47 A.M JOE RUGGIERI and RONNIE RUGGIERI (by John Ruggieri) #6291.
Requests for Variances under Section 280-124, based on an application for a building
permit and the Building Inspector's amended March 17, 2009 Notice of Disapproval
concerning a deck addition and garage addition to a new single-family dwelling (under
construction), which will be less than the code-required minimum of 10 feet for a single
side yard and less than a total of 25 feet for combined side yard setbacks, at 3690 Peconic
Bay Boulevard, Laurel; CTM 128-6-6. BOARD RESOLUTION: (Please see transcript of
written statements prepared under separate cover.) After receiving testimony, motion was
offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing,
reserving decision. Vote ofthe Board: Ayes: All. This Resolution was duly adopted (3-0).
Members Oliva and Simon were absent.
Page 4 - Minutes
Regular Meeting held June 25, 2009
Southold Town Zoning Board of Appeals
III. PUBLIC HEARINGS, continued: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as published:
11:54 A.M.S. RECONVENED FROM 10:30 A.M. VILLAREAL and D. VILLAREAL # 6288.
Robert Barrett, PE (for owners); Michael Verity, Chief Building Inspector; Paul Dinizio and
Paul Davis, opposition. 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 (3-0). Members
Oliva and Simon were absent.
12:04 P.M. SPIRO GEROULANOS #-6290. Garreft Strang, Architect. Request for a
Variance under Section 280-124A, based on an application for a building permit and the
Building Inspector's March 5, 2009 Notice of Disapproval concerning raised patio and
swimming pool construction which will be less than the minimum code-required 40 ft. front
yard setback on this 31,915 square foot parcel, located at 2130 Broadwaters Road and
Crabbers (unopened) Road, Cutchogue; CTM 104-9-13. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member Schneider,
to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution
was duly adopted (3-0). Members Oliva and Simon were absent.
12:17 P.M. RESOLUTION (LUNCH): Motion was offered by Chairman Goehringer, seconded by
Member Weisman, to recess for lunch. Vote of the Board: Ayes: All. This Resolution was duly
adopted (3-0). Members Oliva and Simon were absent.
1:08 P.M. RESOLUTION (TO RECONVENE): Motion was offered by Member Weisman, seconded
by Chairman Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This
Resolution was duly adopted (3-0). Members Oliva and Simon were absent.
III. PUBLIC HEARINGS, continued: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as published:
1:09 P.M. MICHAEL CONWAY # 6287. Rich Feehan, Contractor. Request for a Variance
under Section 280-124, based on the Building Inspector's November 6, 2008 Notice of
Disapproval concerning a proposed addition with alteration to the existing single-family
dwelling on a nonconforming 21,000+/- square foot lot, for the reason that the new
construction will be less than the code-required minimum side yard of 15 feet, at 2950
Rocky Point Road, East Marion; CTM 31-2-1. BOARD RESOLUTION: {Please see
transcript of written statements prepared under separate cover.) After receiving testimony,
motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the
hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (3-0). Members Oliva and Simon were absent.
1:14 P.M. DANIEL and NANCY FISCHER #6292. Charles Cuddy, Esq., Anthony Trezza
of KPC Planning Services, Inc. for applicant; Mary Ann Bistram, neighbor in favor.
Requests for Variances, based on an application to the Building Department and the
Building Inspector's February 6, 2009 Notice of Disapproval concerning a proposed
subdivision of property for the following reasons: (1) the proposed subdivision is not
permitted with less than a minimum 40,000 square foot lot size In the R-40 District, for
proposed Lots #1 and #2; (2) the existing as-built (without permits) one-story structure is
proposed on Lot #2 with a side yard setback at less than the code-required minimum of 15
feet; (3) the existing accessory shed is less than the code required minimum of 10 feet.
Location of Property: 38785 Route 25 (Main Road) and Ryder Farm Lane, Orient; CTM
Page 5 - Minutes
Regular Meeting held June 25, 2009
Southold Town Zoning Board of Appeals
III. PUBLIC HEARINGS, continued: The following public hearings were held, with Chairman
Goehringer introducing each application, and Member reading of the Legal Notice as published:
1000-15-8-1.1. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Member Weisman, to close the verbal portion of the
hearing, and extend the written portion until July 21, 2009. Vote of the Board: Ayes: All.
This Resolution was duly adopted (3-0). Members Oliva and Simon were absent.
1:38 P.M. BABS CORP. # 6284 by Albert Braysen, Owner. Mike Verity, Chief Building
Inspector, and Abigail Wickham, neighbor. Requests for Variances, based on an
application for a building permit and the Building inspector's June 3, 2008 Notice of
Disapproval for the proposed reconstruction of a single-story accessory (barn) building on
a conforming 20,082 square foot lot located in the Hamlet Business Zone District, for the
reason the new construction will be less than the code-required minimum of 10 feet from
two property lines (side and rear lot lines), at 13105 Main Road, Mattituck; CTM 140-3-39.
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 adjourn the hearing until Auqust 27, 2009. Vote of the
Board: Ayes: All. This Resolution was duly adopted (3-0). Members Oliva and Simon
were absent.
2:13 P.M. RESOLUTION ADOPTED: ROMANELLI REALTY LLC. #6100 & #6224.
BOARD RESOLUTION: Motion was offered by Chairman Goehringer, seconded by
Member Weisman confirming adjourning Applications #6100 and #6224 without a date.
Vote of the Board: Ayes: All. This Resolution was duly adopted (3-0). Members Oliva
and Simon were absent.
IV. RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Chairman Goehringer confirmed the next Regular Meeting: 9:30 A.M Thursday, July
30, 2009 to be held at Southold Town Meeting Hall, 53095 Main Road, Southold.
Chairman Goehringer confirmed the next Special Meeting at 6 P.M. for Tuesday, July
21'2009 in the Town Hall Annex (Capitol One Building), Second Floor Executive Board
Room, Youngs Avenue, Southold.
APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was offered by
Chairman Goehringer, seconded by Member Schneider, and duly carried, to accept
and authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA
Meetings held June 16, 2009, April 14, 2009, May 10, 2007, July 24, 2008, August 7,
2008, August 21, 2008. Vote of the Board: Ayes: All. This Resolution was duly
adopted (3-0). Members Oliva and Simon were absent.
Page 6 - Minutes
Regular Meeting held June 25, 2009
Southold Town Zoning Board of Appeals
DELIBERATIONS/DECISIONS (A,qenda Item II): 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:
KENNETH MARLBOROUGH # 6279
DENIED GRANT ALTERNATIVE RELIEF WITH CONDITIONS:
STANLEY and CHRISTINE MALON # 6271
EXECUTIVE SESSION (None held).
There being no other business properly coming before the Board at this time, Chairman
Goehringer declared the meeting adjourned. The meeting was adjourned at 3:20 P.M.
Respectfully submitted,
In~iu~r~,~..~,/~'bY' Refcrence:/(~Z/~./I File,~ ZBA / r..~'~~ Decisions (2)
.~G~'~rard P. Go~hringer -
Approved for Filing
Resolution Accepting for Filing~ )~'/2010
Linda Kowalski ~1¢1:2~z o
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