HomeMy WebLinkAboutZBA-05/28/2009Office 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, MAY 28, 2009
RECEI 'ED
FE3 2 6 2010
Southold Town Cleri
9:30 A.M. - 10:05 A.m. - Court Arraignment was held by Judge Bruer.
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, May 28, 2009 commencing at 10:09 A.M.
Present were:
Gerard P. Goehringer, Chairman/Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Ken Schneider, Member
Jennifer Andalora - Assistant Town Attorney
Linda Kowalski, ZBA Confidential Secretary
Absent: Ruth D. Oliva, Member
10:09 A.M. Chairman Goehringer called the meeting to order with the Pledge of Allegiance
and apologized for the delay due to court arraignment session.
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, dimensionai, lot waiver, accessory apartment, bed and
breakfast requests:
DEBORAH SUTHERLAND and CHARLENE MOTT #6273
LUKE LICALZI #6280
STANLEY and CHRISTINE MALON #6271
WILLIAM and MARGARET HOWELL #6275
KENNETH MARLBOROUGH #6279
VINCENT and LAURA MANETTI #6278
MICHAEL and LINDA GAMBARDELLA #6272
JOHN and KATHLEEN BERKERY #6277
SUSAN TSAVARIS #6289
Page 2 - Minutes
Regular Meeting held May 28, 2009
Southold Town Zoning Board of Appeals
MADELINE DROEGE #6267
LEANN NEALZ #6274
B. No action - Tabled pending Lead Agency determination and additional information
from applicant: ROMANELLI REALTY INC. # 6224 - Special Exceptions for commercial
uses (contractor yards).
C. No action - Tabled pending Lead Agency determination and additional information
from applicant: E&C PROPERTY HOLDING, INC. with EDUCATIONAL & CULTURAL
FUND OF THE JOINT INDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY #6245 -
Special Exception for meeting house; Special Exception for motel units.
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:
10:12 A.M. DEBORAH SUTHERLAND and CHARLENE MOTT #6273. Mary Ann
Schott, niece, Charlene Mott and Deborah Sutherland present. Request for a
Variance under Zoning Code Section 280-13(m), based on the Building Inspector's
January 14, 2009 Notice of Disapproval concerning an application concerning
conversion of the basement area to an accessory apartment (without a permit).
The Certificate of Occupancy for the existing single-family dwelling was issued
May 31, 2007, and Section 280-13(m) states that the building must have a valid
Certificate of Occupancy issued prior to January 1, 1984, or proof of occupancy
prior to that date. Location of Property: 42205 County Road 48 (a/k/a North
Road, Middle Road), Southold; CTM 1000-59-3-25.1. 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 recess the hearing, without a date. Vote of the Board: Ayes:
All. This Resolution was duly adopted (4-0}. Member Oliva was absent.
10:29 A.M. LUKE LICALZI #6280 by Bill Gorman. Location of Property: 2105
Calves Neck Road, Southold; CTM 1000-70-4-46.1. Requests for Variances under
Sections 280-15-F and 280-122, based on the Building Inspector's revised
February 23, 2009 Notice of Disapproval concerning proposed additions and
alterations to the existing accessory structure and concerning the accessory
building (as-built pool-house) which are not permitted, for the following reasons:
1) Accessory Garage building with proposed additions/alterations:
a) create an increase in the degree of the side yard location
nonconformance, where the code permits a location in a rear yard
or front yard on this waterfront parcel;
b) create an increase in the degree of the setback to the side
property line at less than the code-required minimum of 15 feet on
this 58,519 square foot lot;
c) the height is proposed at 25 feet, where 22 feet is the
maximum code-permitted;
Page 3 - Minutes
Regular Meeting held May 28, 2009
Southold Town Zoning Board of Appeals
2) Accessory Poolhouse building: the as-built construction is in a side
yard, where the code permits a location in a rear yard or front yard on this
waterfront parcel.
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 recess the hearing, without a date.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member
Oliva was absent.
10:50 A.M. WILLIAM and MARGARET HOWELL #6275. Ray Nemschick,
Architect. Request for a Variance under Section 280-116A(1), based on the
Building Inspector's October 15, 2008 Notice of Disapproval concerning an
application for a building permit to construct additions and alterations to the
existing dwelling, which new construction will be less than 100 feet from the top
of the bluff or bank of the Long Island Sound, at 9202 Bridge Lane, Cutchogue;
CTM 1000-73-2-3.1. 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 Oliva was absent.
11:03 A.M. STANLEY and CHRISTINE MALON #6271. Chris Alvino of H.
Gebhardt, Architect. Location of Property: 1445 Fleetwood Road, Cutchogue;
CTM 1000-137-4-33.1. Requests for Variances under Section 280-17A(1) and
Section 2780-15(b)(c)(d), based on an application for a building permit and the
Building Inspector's November 5, 2008 Notice of Disapproval concerning a
proposed accessory garage/poolhouse. The reasons that the application were
disapproved are:
(1) two one-family dwellings will be created on this 16,059 square foot lot,
(2) the proposed total square footage will be 1739 square feet instead of the
code limitation of 660 square feet for lots up to 20,000 square feet in area,
(3) the dormers will exceed 40% of the roof width limitation,
(4) the height will be 24.6 feet instead of the code maximum limitation of 22
feet,
(5) the setback will be six (6) feet instead of the code-required minimum of 20
feet.
11:41 A.M. RESOLUTION (BREAK for projection set-up): Motion was offered by
Chairman Goehringer, seconded by Member Weisman, to take a short recess.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member
Oliva was absent.
11:51 A.M. RESOLUTION (RECONVENE): Motion was offered by Chairman
Goehringer, seconded by Member Weisman, to reconvene the meeting. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was
absent.
Page 4 - Minutes
Regular Meeting held May 28, 2009
Southold Town Zoning Board of Appeals
PUBLIC HEARINGS, CONTINUED: The following public hearings were held, with
Chairman Goehringer introducing each application, and Member reading of the Legal
Notice as published:
11:51 A.M. STANLEY and CHRISTINE MALON #6271 RECONVENED. Ann
Howell, Benja Schwartz, 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 pending receipt of items
discussed. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Member Oliva was absent.
12:28 P.M. KENNETH MARLBOROUGH//6279 by Dan Ross, Esq. Mr. & Mrs. Bob
Trentacoste, Larry Welcome, Mary MacLeoad and JoAnna Canerow. Request for a
Variance under Section 280-15, based on the Building Inspector's October 7,
2008 Notice of Disapproval concerning an application for a building permit to
locate an accessory swimming pool structure in a front yard in part, rather than
entirely in a rear yard, at 95 Strohson Road at Little Neck Road, Cutchogue; CTM
1000-103-10-15. 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 subject to receipt of plan with revisions for Board by
June 9, 2009. Vote of the Board: Ayes: All. This Resolution was duly adopted
(4-0). Member Oliva was absent.
1:18 P.M. VINCENT AND LAURA MANETTI #6278. Rob Herrmann, En-
Consultants; Robert and Patricia Barry, in support. Requests for Variances under
Sections 280-116-B and 280-122, based on the Building Inspector's November
19, 2008 Notice of Disapproval concerning proposed additions and alterations to
the existing single-family dwelling. The reasons stated for disapproving the
building permit application are that the new construction will constitute an
increase in the degree of nonconformance on a single side yard, on total (both)
side yard setbacks, and at less than 75 feet from the bulkhead, at 150 West Shore
Drive, Southold; CTM 1000-80-5-5.1 adjacent to Southold Bay. .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: Ail. This Resolution was duly adopted (4-0).
Member Oliva was absent.
1:35 P.M. MICHAEL and LINDA GAMBARDELLA #6272 by Mark Schwartz,
Architect. Requests for Variances under Section 280-124, based on the Building
Inspector's December 15, 2008 amended Notice of Disapproval concerning a
proposed addition to the single-family dwelling. The proposed breezeway addition
is proposed to connect the preexisting two-story garage to the dwelling, resulting
in: (1) a side yard setback at less than the code-required 15 ft. minimum and (2}
lot coverage exceeding the code limitation of 20%, at 9480 Nassau Point Road,
Cutchogue; CTM 1000-118-6-7 (adjacent to Peconic Bay). 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: AIl. This Resolution was duly adopted (4-0). Member Oliva was absent.
Page 5 - Minutes
Regular Meeting held May 28, 2009
Southold Town Zoning Board of Appeals
1:43 P.M. JOHN and KATHLEEN BERKERY//6277 by Mark Schwartz, Architect.
Location of Property: 250 Bayview Drive, East Marion (adjacent to Spring Pond);
CTM 37-4-2. Requests for Variances under Sections 280-116 and 280-124, based
on the Building Inspector's January 15, 2009 Notice of Disapproval concerning an
application for a building permit to construct additions and alterations to the
existing dwelling. The reasons stated for disapproving the application are:
(1) a single side yard setback will be less than 10 feet;
(2} the combined side yard setbacks will be less than 25 feet (both sides);
(3) the rear yard setback will be less than 35 feet from the property line;
(4) the setback to the bulkhead will be less than the code required
minimum of 75 feet;
{5) the percentage of lot coverage on this buildable lot area of 8,676.41
square feet will exceed the code limitation of 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 Weisman, to close the heating, reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Member Oliva was absent.
2:00 P.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer,
seconded by Member Weisman, to take a short recess. Vote of the Board: Ayes:
All. This Resolution was duly adopted (4-0). Member Oliva was absent.
2:15 P.M. RESOLUTION (RECONVENE): Motion was offered by Chairman
Goehringer, seconded by Member Weisman, to reconvene the meeting. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was
absent.
PUBLIC HEARINGS, CONTINUED: The following public hearings were held, with
Chairman Goehringer introducing each application, and Member reading of the Legal
Notice as published:
2:15 P.M. SUSAN TSAVARIS #6289. Request for a Variance under Section 280-
116A(1), based on the Building Inspector's March 4, 2009 Notice of Disapproval
concerning a proposed addition and alterations to the existing dwelling with a
setback at less than 100 feet from the top of the bluff or bank of the Long Island
Sound, at 2170 The Strand, East Marion; CTM 1000-30-2-53. 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 (4-0).
Member Oliva was absent.
2:21 P.M. MADELINE DROEGE #6267 by Fred Markem, Agent and Madeline
Droege for beginning portion only. Abigail Wickham in opposition representing
Greg Daddourian. Request for a Special Exception in accordance with Code
Section 280-13B(14) for establishment of an Accessory Bed and Breakfast, as an
accessory use in the existing single-family dwelling, with owner-occupancy, for
the purpose of lodging (two guest bedrooms) with serving of breakfast to guests for
overnight stay as B & B guests, at 885 Petty's Drive, Orient, a/k/a as Lot 6 on the
filed Map of Petty's Bight; CTM Parcel #1000-14-2-24. BOARD RESOLUTION:
Page 6 - Minutes
Regular Meeting held May 28, 2009
Southold Town Zoning Board of Appeals
(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, without a date. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent.
2:44 P.M. LEANN NEALZ//6274 by Blake Goble, Architect. Requests for
Variances under Section 280-124, based on the Building Inspector's January 14,
2009 revised Notice of Disapproval concerning a proposed rear screen porch
addition to the existing dwelling, which construction will result in a rear yard
setback at less than the code required minimum of 35 feet and lot coverage
exceeding the code limitation of 20%, at 195 Village Lane, Orient; CTM 1000-18-
5-8. 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 Oliva was absent.
RESOLUTONS/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:
DENY & GRANT (as amended) ALTERNATIVE RELIEF WITH CONDITIONS:
ANDREW and ELIZABETH GREENE #6235
APPROVED WITH CONDITIONS:
DAVID BERWALD # 6250.
ROBERT and BETH ANELLO #6242.
ALAN CARDINALE, JR. #6246.
PETER BACCILE and KATHERINE BACCILE #6266.
RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer,
seconded by Member Weisman, and duly carried to advertise public hearings
concerning complete applications in the Town official newspaper (Suffolk Times)
for one week, to be held at Regular Meeting of June 25, 2009 commencing at 9:30
A.M. at Southold Town Meeting Hall, 53095 Main Road, Southold. Vote of the
Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was
absent.
B. Chairman Goehringer confirmed the next Special Meeting for Tuesday,
June 16t~, 2009 at 6 PM, in the Town Hall Annex (Capitol One Building) Second
Floor Executive Board Room, Youngs Avenue, Southold.
C. 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 April 23, 2009. Vote of the Board: Ayes: All. This
Resolution was duly adopted (4-0). Member Oliva was absent.
Page 7 - Minutes
Regular Meeting held May 28, 2009
Southold Town Zoning Board of Appeals
EXECUTIVE SESSION: Personnel {retirement).
There being no other business properly coming before the Board at this time,
Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at
3:50 P.M.
Incl~d by Reference: Filed ZBA DeciSions (5)
Leslie Kanes Weisman, Chairperson
Approved for Filing ~/~ff~
/~/
Resolution Accepting for Filing
RECEIVED
FE IO
Town Cler[