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that this application is WITHDRAWN, per applicant's attorney letter dated March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
'