Loading...
HomeMy WebLinkAboutZBA-03/27/2008Office 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:Hsoutholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, MARCH 27, 2008 RECEIVED _ F E'2 2 6 2010. Southold Town ¢ler[ 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, March 27, 2008 commencing at 9:30 A.M. Present were: Gerard P. Ooehringer, Chairman/Member Ruth D. Oliva, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Kieran Corcoran, Assistant Town Attorney Linda Kowalski, ZBA Confidential Secretary Erika Nadeau, ZBA Court Reporter Absent: James Dinizio, Member 9:30 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. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS [SEQRA): A. BOARD RESOLUTION: Motion was made by Member Goehringer (Chairman), seconded by Member Oliva, to declare the following Declarations: Type II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: CHRISTOPHER and ELIZABETH GRASECK #6135 JSC RESOURCES #6137 PAUL and CHERYL RAGUSA #6138 FRANK and ANTOINETTE NOTARO #6136 RICHARD and PAMELA FRERKING #6141 ROBERT F. and PATRICIA FRIEMANN #6139 KAREN MAZZAFERRO #6134 THOMAS and PAULETTE GIESE #6143 JOANNE and JOHN GOUVEIA #6144 LIA POLITES and KEVIN FERRO #6129 Page 2 - Minutes Regular Meeting held March 27, 2008 Southold Town Zoning Board of Appeals SPYRO AVDOULOS #6145 Vote of the Board: Ayes: All. This Resolution was duly adopted (470). Member Dinizio was absent. B. The following applications are pending SEQRA reviews coordinated to the ZBA by the Lead Agency: HARBES FAMILY LLC ZBA # 6106 (pending agency reviews) END OF THE ROAD LLC ZBA #6013 (pending agency reviews) ROMANELLI REALTY ZBA #6100 (awaiting information per Notice of Disapproval) II. RESOLUTON/DELIBERATIONS/DECISION: The Board adopted the following Resolution: PHILLIP AND JENNIFER STANTON #5948. BOARD RESOLUTION: Motion was offered by Member Goehringer (Chairman), seconded by Member Oliva, confirming that this application is WITHDRAWN, per applicant's attorney letter dated March 20, 2008. Vote of The Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 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. CHRISTOPHER and ELIZABETH GRASECK #6135 by Betsey Graseck, owner and Frank Notaro, Architect. Request for Variances under Sections 280- 116 and 280-124, based on the Building Inspector's February 5, 2008 amended Notice of Disapproval concerning a new single-family dwelling (after demolition of the existing dwelling) for the reasons that the new construction will be: (a) less than 25 feet on a single side yard, and (b) less than 25 feet for total side yard setbacks, and (c) less than the code-required 100 feet from the bank or bluff landward of the shore or beach of the Long Island Sound. Location: 1910 Leeton Drive, Southold; CTM 58-2-12. 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, subject to additional information. Vote of The Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 10:08 A.M. dSC RESOURCES by James Zizzi, President #6137 by P. Moore, Esq. for: and Mr. Zizzi and Mrs. Hill. Request for a Variance under Section 280-15, based on the Building Inspector's February 11, 2008 Notice of Disapproval concerning an as-built accessory swimming pool situated in a side yard rather than the code-required rear yard, at 3190 Haywaters Road, Cutchogue; CTM 111- 11-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of The Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. Page 3 - Minutes Regular Meeting held March 2t~, 2008 Southold Town Zoning Board of Appeals 10:24 A.M. PAUL and CHERYL RAGUSA #6138 by P. Moore, Esq. and Ural Talgat, Architect. Request for Variances under Sections 280-15 and 280-116, based on the Building Inspector's February 11, 2008 Notice of Disapproval concerning a proposed accessory swimming pool and raised terrace structures at less than 100 feet from the top of the bluff, and side yard location for the swimming pool rather than a code-required yard, at 1600 Hyatt Road, Southold; CTM 50-1-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to adjourn to May 29, 2008 at 1:15 p.m. after receiving Amended Plan B. Vote of The Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 11:30 A.M. RESOLUTION (BREAK): Motion was offered by Chairman/Member Goehringer, seconded by Member Oliva, to recess for a break. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 11:48 A.M. RESOLUTION (RECONVENE): Motion was offered by Chairman/Member Goehringer, seconded by Member Oliva, to reconvene the meeting. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (4-0). Member Dinizio was 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: 11:48 A.M. FRANK and ANTOINETTE NOTARO #6136, by Frank Notaro. Request for a Variance under Section 280-15, based on the Building Inspector's January 22, 2008 Notice of Disapproval concerning the proposed location of a swimming pool at the side of deck with hot tub addition and partly in the code-permitted rear yard. Location of Property: 625 Calves Neck Road, Southold; CTM 63-7- 30.1. 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 (4-0). Member Dinizio was absent. 11:51 A.M. RICHARD and PAMELA FRERKING #6141 Special Exception B&B by Richard Frerking; opposition D. Dowling. This is a request for a Special Exception under Southold Town Zoning Code Article III, Section 280-13B(14), sub-sections a-d. The Applicant/Owner proposes a Bed and Breakfast accessory use in their residence, incidental to their occupancy as a single-family dwelling use, with up to three guest bedrooms for lodging and serving of breakfast to not more than ten (10) casual, transient roomers. Location of Property: 235 Lilac Lane, Cutchogue; Lot 117 on the Map of Nassau Farms; CTM 104-1-20. 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 (4-0). Member Dinizio was absent. 12:10 P.M. ROBERT F. and PATRICIA FRIEMANN #6139 by Rob Herman, En- Consultants. Request for Variances under Sections 280-116B and 280-124, based on the Building Inspector's November 19, 2007 Notice of Disapproval Page 4 - Minutes Regular Meeting held March 2~, 2008 Southold Town Zoning Board of Appeals concerning proposed partial demolition of an existing dwelling, and proposing new construction for alterations and additions to the dwelling at less than the code- required minimum of 15 feet on a single side yard, and less than 75 feet from the bulkhead or retaining wall, adjacent to the shoreline of Little Creek. Location of Property: 2935 Pine Tree Road, Cutchogue; CTM 104-3-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing, reserving decision. Vote of The Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 12:31 P.M. KAREN MAZZAFERRO (formerly Karen Miller) #6134 by Gall Wickham Esq. Request for a Variance under Section 280-14, based on the Building Inspector's December 17, 2007 Notice of Disapproval concerning a proposed lot (#1) proposed with a lot width at less than the code-required 150 feet in this pending three-lot Minor Subdivision, located at 1450 Horton Lane, Southold; CTM 63-1-12; Zone District R-40 Low-Density Residential. 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 Dinizio was absent. 12:40 P.M. THOMAS and PAULETTE GIESE #6143. Request for a Variance under Section 280-122, based on the Building Inspector's January 18, 2008 Notice of Disapproval and ZBA Code Interpretation #5039 (Walz) concerning proposed additions and alterations to an existing single-family dwelling maintaining the existing front yard setback, for the reason that the new construction will increase the degree of setback nonconformance when located less than 50 feet from the front yard line, at 90 Sterling Road, Cutchogue; CTM 104-4-4.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to adjourn to April 24th at 11:30 a.m. for notices by applicant. Vote of The Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 12:42 P.M. JOANNE and JOHN GOUVEIA #6144. Request for Variances under Section 280-124, based on the Building Inspector's Notice of Disapproval concerning proposed addition and alterations to the existing single-family dwelling, which new construction will result in a setback at less than the code- required 35 feet from the front yard lot line and increase in lot coverage exceeding the code limitation of 20%, at 55405 County Road 48 (a/k/a North Road), Southold; CTM 44-1-11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of The Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 12:48 A.M. DAVID FISHER #6126 by Mark Schwartz, Architect. (Reopened by 3/13 Board Resolution, based on new circumstances submitted by applicant). Request for Variances under Section 280-124, based on the Building Inspector's Notice of Disapproval concerning proposed additions to the existing single-family Page 5 - Minutes Regular Meeting held March 27, 2008 Southold Town Zoning Board of Appeals dwelling, which new construction will be less than 35 feet from the rear yard lot line, less than 35 feet from the front yard lot line, and with lot coverage in excess of the code maximum limitation of 20%, at 2165 Old Orchard Road, East Marion; CTM 37-3-4.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of The Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 12:55 P.M. RESOLUTION (BREAK): Motion was offered by Chairman/Member Goehringer, seconded by Member Oliva, to recess for a break. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 1:03 P.M. RESOLUTION (RECONVENE}: Motion was offered by Chairman/Member Goehringer, seconded by Member Oliva, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was 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: 1:03 P.M. LIA POLITES and KEVIN FERRO #6129 by Frank Yakaboski, Esq. Location of Property: 300 Jackson Street, New Suffolk; CTM 117-10-2. The Applicants propose renovations/alterations, additions, and expansion of the existing accessory cottage building and in this Appeal requesting the following: 1) Reversal of the Building Inspector's November 8, 2007 Notice of Disapproval which states that the accessory cottage use is nonconforming and constitutes a second dwelling unit, citing Section 280-121A, which provision states: Such nonconforming use of buildings ... may be continued indefinitely, except that such building or use (A) shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, and Notice of Disapproval citing Section 100-3lA, which provision states: "In A-C, R80 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. One-family detached dwellings, not to exceed one dwelling on each lot'; 2) Interpretation to deal with this preexisting residential use in a residential zone, applying Code Section 280-122, Nonconforming Buildings with Conforming Uses, which states: A. Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings; B. Reconstruction of a damaged building. (1) A nonconforming building containing a conforming use which has been damaged by fire or Page 6 - Minutes Regular Meeting held March 2"], 2008 Southold Town Zoning Board of Appeals other causes to the extent of more than 50% of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule, (2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated; 3) Alternatively, Variances based on the Building Inspector's November 8, 2007 Notice of Disapproval under Section 280-12 iA and Section 100-3 iA, denied for the reasons that the accessory cottage use is nonconforming and constitutes a second dwelling unit, and as such may not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot...nor shall any external evidence of such use be increased by any means whatsoever as a second dwelling unit. 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 (4-0). Member Dinizio was absent. 1:33 P.M. DONALD and JANIS ROSE #6130. P. Moore, Esq., Nancy Steelman, Architect. (Reopened by 3/13 Board Resolution, based on proposed additional questions by Members). Request for Variances under Sections 280-15B and 280- 124, based on the Building Inspector's January 7, 2008 amended Notice of Disapproval concerning the location of a new two-story accessory building at a height exceeding 18 feet to the top of the ridge, after removal of a building, and which new building is proposed at less than five (5) feet from the property line and with a lot coverage which exceeds the code limitation of 20% (existing 27.43% lot coverage). Location of Property: 145 King Street, Orient; CTM 1000-126-1-23. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing, reserving decision. Vote of The Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. 2:12 P.M. SPYRO AVDOULOS #6145. P. Moore, Esq., Gail Wickham, Esq., opposition and M. Verity, Chief Building Inspector. (1) This is an Appeal of the February 29, 2008 Stop Work Order issued under Section 144-13 of the Town Code, which Order states that recent construction work has gone beyond the scope of permit, and (2) an Appeal requesting a Variance under Section 280- l16A, based on the Building Inspector's amended March 6, 2008 Notice of Disapproval and applicant's request to amend Building Permit #33677 for dwelling reconstruction (additions and alterations) and replacement of easterly foundation. The Building Inspector states that the demolition and reconstruction at this nonconforming 28,149 square foot parcel in the R-40 District is not permitted under Section 280-116A(1), for the reason that all buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet Page 7 - Minutes Regular Meeting held March 2'), 2008 $outhold Town Zoning Board of Appeals from the top of the bluff or bank (adjacent to the Long Island Sound). The Building Inspector also states a variance was issued under ZBA #6060 for alterations and additions to a single-family dwelling, following this, and that applicant intends to reconstruct the dwelling and replace the easterly foundation wall. Location of Property: 54985 C.R. 48 (a/k/a North Road), Greenport; CTM 1000-44-1-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of The Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. V. RESOLUTIONS/UPDATED REVIEWS/OTHER: VI. A. RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to authorize advertising of hearings for Regular Meeting to be held April 24, 2008 9:30 AM, Town Hall, Main Road, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. B. APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to accept and authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held March 13, 2008. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Dinizio was absent. C. RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Goehringer, and duly carried, to set Special Meeting for April 10, 2008 at 6:00 PM to be held at Town Hall Annex, NFB Building Main Road and Youngs Avenue, 2"d Floor Executive Board Room, Southold. This Resolution was duly adopted (4-0). Member Dinizio was absent. 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 3:00 P.M. ~',e s lie vKe dah~oSr ~i~nS m a n~ Cl~airperson Appro e f T gc~/c~O , / Resolution Accepting for Filing 0/~ Respectfully submitted, l;i~Ida Kowaiski '