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HomeMy WebLinkAboutZBA-01/21/1999 . APPEALS BOARD MEMBERS . Southold Town Hall . Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765~1809 BOARD OF APPEALS TOM'N OF SOUTHOLD MINUTES THURSDAY, JANUARY 21, 1999 REGULAR MEETING A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursdav. Januarv 21. 1999 commencing at 6:45 p.m. Present were: Gerard P..Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA 6:45 p.m. Chairman Gerard P. Goehringer called the meeting to order. * * * AGENDA ITEM I: PUBLIC HEARINGS. The Board proceeded with the first item on the Agenda. Each of the Applicants submitted Affidavits of Mailings with remaining available mail Receipts transmitted by the post office and completed Affidavits of Posting. Unless otherwise noted below, each hearing was. declared concluded by the Board, pending deliberations and/or additional site visits by Board Member(s). (Please see transcript of hearings prepared separately, or alternatively the tape recordings, for hearing statements.) 6:46 p.m. App!. No. 4627 - BARRY AND BARBARA CHARLES. This is a request for a Variance under the Zoning Code, Article XXIV, Section 100-244B, based upon the Building Inspectors September 10, 1998 Notice of Disapproval for a deck attached to dwelling (instead of proposed step area) at less than 50 ft. from the rear property line. Location of Property: 265 Peck Place, Southold, NY; Parcel 10 1000-63-7-14; also known as Lot 14 on the Map of Harvest Homes Estates, Section One. Mr. Barry Charles spoke in behalf of his application. 6:48 p.m. Appl. No. 4616 -CAROL MAGGIO. This is a request for a Variance under the Zoning Code, based upon the Building Inspectors August 7, 1998 Notice of Disapproval, and Article XXIV, Section 100-244B for a proposed deck attached to existing nonconforming dwelling with a reduced front yard setback at 1350 Bailie Beach Road, Mattituck, NY; Parcel 1000-99-3-11.9. Mrs. Carol Maggio spoke in behalf of her application. Pa~e 2 - Minutes . January 21, 1999 Regular Meeting SoutholdTown Board of Appeals 6:55p.m. Appl. No. 4650 - NORTHEAST OVERSEAS TRADING CO. This is a request for a Variancefron1 Article XXIV, Section 100-244B underthe Zoning Code, for an insufficient setback from the rear yard based upon the Building Inspector's December 22, 1998 Notice of Disapproval and new con-struction under Building Permit No. 24521-z, at 3570 Kenney's Road, Southold; Parcel 1000-54-5-23. Robert Brown, Architect, spoke in behalf ofthis application. 7:03 p.m. Appl. No. 4640 - (12/10 Resolution for continuation): KIM CAMPBELL. Variance under Article Ill, Section 100-32 for an insufficient front yard setback regarding proposed addition to ~welling, at Parcel 1000-4-4-16, East Harbor, East End Road, Fishers Island, NY. Stephen Ham III, Esq. spoke in behalf of the applicants. 7:11 p.m. Appl. No. 3426..... (12/10 Resolution for continuation). GERALD DOROSKI~ Own~rf bVALEX AND. STEPHANIE VILLANI, Contract Vendees. Request for a Variance for establishing mit;limum construction standards under Section 280-A, New York Town Law, regarding access over private rights-of-way extending from the north side of C.R. 48, Peconic, to applicant's parceHdentified as 1000-68-4-10.1. Mr. Alex Villani, Mr. Gerald Doroski,and Deborah Dow, Attorney for the Villanies, spoke in. behalf of this application.. Opposing was Lawrewnce VC'lndyke,. Esq., attorney for the Gould family, owners of land over whichth,s right-of-way traverses, and title insurance representative Christopher Murphy, spoke with concerns. After receiving all testimony and documentation, the applicant's attorney requested a short recess to d,scUSAI~~al issues raised at this time. Motion was made by Member Horning, seconded by Chairman Goehripger,pnddl,lIy carried, it was RESOLVED, to postpone this hearing, reconvening after approximately 20 minutes, this evening. Ayes: All (5). This Resolution was duly adopted. 7:27 p.m. Appl. No. 4646.... STEPHEN PESSINIS. This is a request for a Variance, based upon the Building Inspector's Octoper 8, 199~ Notice ofDiSfPproval (for a building permit), Article IIIA, Section 100- 30A.4, to locate an accessory.bUil9in9 in a yard area other than a rear yard defined by the Zoning Code, at 520 Oak Drive, Southold, NY; Parcel 1000-80-2-13, Mrs. Diane Pessinis appeared and spoke in behalf of her application. 7:34 p.m. Appl. No. 4643 - JOHN MESLOH. This is a request for a Variance, based upon the Building ~nspector's October 14, 1998 Notice of Disapproval (for a building permit), Article IlIA, Section 100- 30A.3, to.construct a deck addition with a front yard setback at less than 50 feet, at 2150 Arrowhead Lane, Peconic, NY; Parcel 1000-98-2-16.2. At the request of applicant, the Board re-calendared this hearing for February 23, 1999. Mr. McGwynne spoke against the application and submitted letters from other residents in the area opposing this project. The builder-applicant, Mr. McGahan, requested a postponement for a poSSible alternative plan, and discussions with the neighbors before finalizing the hearing. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to recess this hearing for a continuation on February 23,1999. This Resolution was duly adopted (5-0). 7:35 p.m. Appl. No. 4644 - MARIA TRUPIA. This is a request for.a Variance based upon the Building Inspector's Notice of Disapproval dated November 20, 1998 (for a building permit), Article IIIA, Section 100-30A.3, for approval of an "as built' entry stoop addition with a side yard setback at less than the required 15 feet, at 1395 Sleepy Hollow Lane, Southold, NY; Parcel 1000-78-1-10.20; also known as Lot 14 on the Map of Sleepy Hollow, Filed Map No. 6351. . The Chairman opened the hearing and asked if there were any persons present who wished to speak either for or against this advertised application? (There were no appearances.) By letter received today, applicant requested a postponement in order that her current builder may attend in her behalf. The builder was out of the area.) Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, JO RECESS THE HEARING for a continuation during the February 23, 1999 hearings calendar. This Resolution was duly adopted (5-0). 7:37 p.m. Appl. No. 4621 - RENEE PONCET, Contract Vendee (Judith Deeaan. Owner). This is a request for a Variance, based upon the BiJildiijg Inspectors August 26, 1998 Notice of Disapproval (for a building permit), Article XXIV, Section 100-244B, to construct a Single-family dwelling with a front yard Page 3 - Minutes ',1..-- . January 21, 1999 Regular Meeting Southold Town Board of AppealS setback at, less than 35 feet, at 702 Wiggins Lane, Greenport, NY; 1000-35-4-20. J. Fitzgerald of Proper-T Services appeared in behalf Qftheapplicant. After received .testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to declare the hearing concluded. This Resolution was duly adopted (5-0). 7:45;p.rn. Appl. No. 3426 -: Reconvened from earlier tonight. GERALD DOROSKI. Owner. by ALEX AND STEPtfANIE VILLANI. Contract Vendees. Mr. Ooroski spoke regarding his knowledge about use over the years of the right-of-way. Mr. Villani agreed to postponed to research information submitted by LawrenceVatlDyke,.Esq.andhis title expert. Motion was made by Chairman Goehringer,. secondeclby MemberpiniZi<),andduly carried, to RECESS the hearing to the next hearings calendar: February 23, 1999. This Resolution was duJyadopted (5-0). 7:50- 8:38 p.m. Appl. No. 4649 - SOUTHOLD TOWNPLANNII\IG BOARDbyB. Orlowski, Jr. This is an Application for an Interpretation, requested by the Planning Board, to consider whether or not additionaltaples and a.service area for alcoholic beverages are accessory to a food service, as determined by the Building Department in its Nov~mber 4, 1998 Determination (ref: Site Plan Application of l;FG Acquisition Corp. (Drossos/Drosco) at Main Road, Greenport, NY; Parcel 1000-45-1-12). The determination of the Building Department States that: "the:ol~nned renovation calls for additional tables and a service area for alcoholic. beverages accessorv to the foOl!! pervice. The area involved and number of tables are matters you mav have to. consider when reviewinq this oroiect. the use is oermitted in the zone and the accessory service of alcoholic beverages is common to restaurants in the Town." This includ~sa poss,iqle Town~Wide Interpretation under Zoning Code Section 100-91A regarding Restaurants and/or DrirnkingEstablishmentsin the Limited Business (LB) Zone Districts of the Town of Southold. Robert Kassner, SiteHan Reviewer, appeared and spoke in behalf of the Chairman and Planning Board Members. Appearing ilnd speaking in behalf of the property owners, TFG Acquisition Corp., were Philip J. Cardinale, Esq. and Robert Brown, Architect and Irene Costas, one of the owners. Mr. Costas was also present. Appearing and speaking in behalf of the Building Department was Edward Forrester, Director of Code Enforcement. Speaking C\g~inst the applicant's project was Tom Talbot of Mattituck. After receiving all testimony, motion was made ~y,Chairman Goehringer, seconded by Member Collins, to RECESS the hearing to February 23, 1999 for possible questions after an on-sitevisit to the property. This Resolution was duly adopted (5-0). 8:38 -- 8:48 p.m. A short break was taken. 8:48 p.m. The Chairman reconvened the Meeting. PUBUC HEARINGS, continued: 8:48 - 855 p.m. Appl. No. 4645 - DIANE TRENTACOSTE. This is a Request for a Variance, based upon the Building Inspector's November 17, 1998 Notice of Disapproval (for a building permit), Article XXIV, Section 100-244B, to locate proposed addition/alteration with a combined side yard total of lessthan 35 feet, at 180 Strohson Road, Cutchogue, NY; Parcel 1000-103-10-17. Mr. Trentacoste and his Architect Frank Notaro spoke in behalf of this. application. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to conclude (close) the hearing. This Resolution was duly adopted (5-0), 8:5p - 10:00 p.m. Appl. No. 4609 - MARY MURPHY. This is a Request for a Variance, based upon the Building Inspectors August 14, 1998 Notice of Disapproval (for a building permit), Article XXIII, Section 100-239.4. for permission to locate new dwelling with a setback at less than 100 feet from the top of the bluff on Long Island Sound, at private right-Of-way extended north of Bridge Lane, which parcel is known as 9206 Bridge Lane, Cutchogue, NY; Parcel 1000-73-2-3.3. Richard F. Lark, Esq. and Soyna Hagna spoke in behalf /'"":"-\ Page 4 - Minutes"c/ , . January 21, 1999 Regular Meetimg Southbld Town Board of AppealS of the applicant at length.. Opposing the application were Anthony Tohill, attorney for the easterly property owner Mal'Y Peacock, and Steve Mireska with expert testimony and information about soil conditions.at the site. After req:iving extenshfe testimony from both sides, motion was made, by Chairman Goehringer, seconded by Member Collins, and duly carried by all the members, to close the verbatim part of the record, andclosethe written part of the record on February 23, 1999. This Resolution was duly adopted (5-0). 10:00 - 10:10 p.m. Appl. No. 4633 - WILLIAM AND RQSEMAURY. This is a request for a Variance under ArticleIIIA, S~ction100-30A.3 and Article XXIV, Section 100-244B, based upon the Building InSPector's S~Ptember 18,1998 Notice of Disapproval for a Building Permit to construct additions and accessorye;~el1, with a totalQuildi~gareaat 20% over t~e code Iimitation.f'n altefi1ative plan fora smaller decKwase;ubmitted by applicctnts.as a fOllow-up to the December 10, 1998heqringand discussions. Location of Property: . 3145 Minnehahasoulevard, Southold, NY; Parcel, 10PQ-87~3-35. . TheappHcant . furnished informationre?arding the rea$O/1e;Jortheirrequest. Board members al$o die;C4$?~thequ~Stionof ?lternative r~lief (seE: written transcriptof~tcItE:P1E:Ots during. hearillg, pr~pared separ?telyk.. After, receiving all. testimony, motiOn Vilas made by ChairrnanGa~hringer, seccpnd~ by. Member Tqrtor"l,and . duly carried by ctll the members, to conclude (c1ose).thehearing. This ReSolution was duly a@pted(5"0). 10:.10 - 10:50 p.m. . Appl. No. 4648- ROSE DIACHUN. ,This isa gecllilest for a Variance under New York Town Law, Section 280-A and Section 100-235A ofthe Zoning Codefal)c11hE:BuHding Inspector's Notice of Disappr9val, for a Determination establishing the minimum constructione;t~ndards for safe and sufficient access for emergency and other vehicles to trave.lover .designated rights-pf..\i\(Cly,extending northerly off the north side qf Peconi,c Bay Boulevard, Laurel, overland .identified as DistriCl lOOO, Section 127, Block 8, Lot 17.3 to the applicant's vacant lot (proposedJor single-family dwelling use),~nown as 430 Diachun Road, Laurel, NY; . District 1000, Section 127, Block 3, Lot 10. Richard F.l.;<irk,i=S9. spoke in support of the application.. Appearing against theClPplication were Mrs. .Rose Diachun .<'ll1lp$onR.onald Diachun, owners of the land under the traveled ~ortiol1sof the proposed right-of-way. A1'tE:fJ~eiVingteStimony, motion was made by. Chairman Goehringer, seconded by Member Tortora, to RECESS th, ; pearing to the February 23, 1999 hearings calendar forappear~~~e by the landowners' attorney (pree;~n~W Peter Danowski, Esq.). The landowners indicated they Qelievedtheir attorney would be there tonight t8r~lPr~sert their interests about a former. ri~hl-of-way, etc. ,(Sre written transcript for detailed statemel11tsJI prepared separately.) This Resolution was duly adopted (5-'0). * * * AGENDA ITEM III: DEUBERATIONS/DEOSIONS. The Board deliberated on the follOWing applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Approval: Appl. No. 4642 - Schembri Homes (Gonzolas). Alternative Relief: Appl. No. 4640 - KIM CAMPBELL at FI. Others to be continued at next meeting. AGENDA ITEM IV: A-I. Pending applications were discussed briefly. A-2. RESOLUTION/HEARINGS: Motion was made by Chairman Goehringer, seconded by member Horning, and duiy carried by all the members, confirming the following applications for publiC hearings to be held TUESDAY, FEBRUARY 23, 1999 commencing at 6:30 p.m.: Pa~e 5 - Minutes \,/ ,.,-/ January 21, 1999 Regular Meeting SoutholdTown Board of Appeals Appl. No. 4651.1t - William Hands, Jr. Patio. Bulkhead Setback. App!.No. 4652.1c -Building Department Request ref. 100-31C. AppI. Nd. 4653.jd-Williamand Carol Mulrain. 8' x 12' shed. J.\ppLNo. 4654.1t - Gorenkoff, Dr. Miles.. RO Zone/Spec. Exc. AppLNo.4655.1c.~ J. Boyle and Hands Fuel Co. at Orient. AppL No. 4656.jd-Joseph Kollen. Deck/Rear Yc;lrd. Southold. Appl. No. 4657.1t ~R. Heffernan.. Deck/Bulkhead. Southold. AppL No. 4658Jc - M.Bartos(Contractor)... Lot Cov. and bulkhead. (To be filed 1/1C)f99). J.\ppL No. 4659.jd -(to be filed)! pluS carryover hearings from tonight: A. Villani/G. Doroski 280-A; Planning Board requ~ Appealing decision of Building Inspector (Drossos); M. Trupia; J. Mesloh. VOTE O/" THE BOARD: AYeS: GOEHRtNGER, DINIZIO, TORTORA, COLUNS, AND HORNING. This Resolution was duly adopted (5-0). B.Rl;S.OLUTION/MINUTE$: On Motion by Chairman Goehringer,seconded by Member Collins, it was RESOLVED, Tq Approve the (IIlinutes.of the November 19,1998 ZBAMeeting. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLUNS, AND HORNING. This Resolution was duly adopted (5-0). * * * DATE OF SPEqAL MEETING: The Chairman confirmed that a Special Meeting has been called for January 27, 1999 at 7:00 p.m. to continue agenda items from tonight, for deliberations and possible decisions and other business matters properly coming before the Board at that time. (A Board-Member work session for assignment and other updates was also confirmed from 6 to 7 p.m. for file reviews, etc.) There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting was adjourned at 11:00 p.m. Respectfully submitted, ~~~. in a Kowalski 2/25/99 Board Secretary Rr;'i'""17TVFD AI:~D FILED r ""~~,#~... '.....'" - T(Y\(l11 tJl''''i'ff'3/2 9 /19 HOUR '0 :3;fIftf - -..,"~ rYr/~(}~ ""'ic>~lr '!"Q~;n of C<O'" ... '\ ,;- '-'-~~~.:~-?' ..i. _ _.', _ r...; "":.__ _ .__.__. __~_.~ - '-~."~ ~~.~" " ,It. APPEALS BOARD MEMBERS Southold Town Hall " Gerard P. Goehringer, Chairman 53095 Main Road P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Lydia, A. Tortora Lora S. Collins ZBAFax(516) 765-9064 George Horning Teleph()ne(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION I MEETING OF JANUARY 21, 1999 Appl. No. 4640- KIM CAMPBELL PARCEL 1000-4-4-16 STREET & LOCALITY: North Side of East End Road, Fishers Island DATE OF PUBUC HEARING: December 10, 1998 and January 21, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located along the / northerly side of East End Road, Fishers Island, New York, with frontage along the Fishers Island Sound. The property is improved with a single-family dwelling containing a total acreage of 3.99 acres and is located in the R-120-Residential Zone District. BASIS OF APPEAL: The Building Inspector's August 27, 1998 Notice of Disapproval. Under Article III, Section 100-32 the proposed front yard setback is shown at less than the 60 ft. code requirement. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting a setback from a private right-of-way which extends through his property, in the front yard. The proposed westerly front yard setback at its closest point is 8 ft. for an addition to the dwelling. For the record it is noted that applicant's westerly property line is located further west of the right-of-way and abuts the Fishers Island Development Corp. golf course. The neighbor's driveway and right-of-way area shows access to the lot further north to CTM Parcel 1000-4-4-15. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesir- able change in character of neighborhood or detriment to nearby properties because applicant's property is 4+- acres located within an R-120 Residential Zone, and with the exception of one property currently owned by Balcolm, applicant's property is surrounded by Fishers Island Sound and Fishers Island Club's golf course. (1) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the close proximity of Fishers Island Sound limits the applicant's ability to locate any addition to the existing premises. Page'2 - Janut!ry 21, 1999 r' , ZBA Decision - Appt No. 4640 Re; Kim Campbell/1000-4-4- 16 (2) The requested area valiance Is nQt S\ibstantial QecaUse the dosepr()ximity of a 20-foot private right-of-way owned. by the applicant Is the only reason for a variance, said right-of-way exists only for convenient access to one neighbClr (Balcolm) and actually joins a right-of-way on Campbell's western property line whiCh also provides the Balcolm parcel with another access to their property. (3) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The alleged difficulty has not been self-<reated because it is related directly to the characteristics and layout of the land and buildings. In considering this application, the aoard .deems this action to be the minimum necessary and adequate to .preserve and protect the character of the neighborhood; and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Horning, seconded by Mem~rTortora, it was RESOLVED, to GRANT the variance, as applied for. VOTE. OF ThE BOARD: AYES: RMI\N), DINIZIO, TORTORA, COLllNS, HORNING. GERARD P. GOEHRII'lGER CHAIRMAN For Filing 1/2Ei/99 1000-4-4-16 ^,,- ,., . "', ,.~."",,,. .. . ;,"u.. C'C"' ,......~~1 c...)...,...., ,:'c _,-,.",;dj.'l'.a.11'1)',a",' ,', 'J](nmi;[ ii,,, ;u;-;';i,,~!,,:;" ~;";\;J;i._~;,;,~,, L._.._.----'--....___..._._:_ ~~( APPEALS BOARD MEMBERS Southold Town Hall /, Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 \ Southold, New York 11971 Lydia A. Tortora Lora S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF J~NUARY 21, 1999 Appl. No. 4642 - SCHEMBRI HOMES. INC. PARCEL 1000-53-4-44.17 STREET N& LOCALITY: 645 August Lane, Greenport DATE OF PUBUC HEARING: January 21, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a corner lot located on the easterly side of Wells lane and the northerly side of August Lane, Greenport, The lot is known as Lot 15 on the Map of August Acres, Section I, Arshamomaque. The survey map shows that the subject premises contains a total area of 40,100+- square feet, improved with an "as built" concrete foundation. BASIS OF APPLICATION: Building Inspector's November 13, 1998 Notice of Disapproval. Article XXIV, Section 100-244 which requires a 50 ft. front yard setback for a principal building on a size of 40,000 to 59,999 sq. ft. in size. The "as built" foundation is 46.7 ft. from the front property line, along Wells Lane. AREA VARIANCE RELIEF REOUESTED: The request made by applicant is for approval of the setback of an "as built" foundation at 46.7 feet from the westerly front property line along Wells Lane, confirmed by October 26, 1998 survey prepared by Destin G. Graf, L.S. The remaining setbacks are not the subject of this application. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the property has two front yards (corner lot), and the degree of the variance is minimal, with the position as kitty-cornered. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because Page 2 - January 21, 1999 Appl. No. 4642 - Schembri Homes Re:1000~53~4-44.17 the house (foundation) is presently loeatedwith an insufficient front yard and only a portion of the proposed deck will extended beyond the existing nonconforming front yard. (3) The requested area variance is not substantiaL, representing 3.3 +_ feet. (4) The variance is self-created. (5) There are no factors present to indicate that the requested area variance will not haveal1adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood,. and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AyeS: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0)voteofthe Board..