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Home My WebLink AboutZBA-06/24/1999 ;1, . ~. APPEALS BOARD MEMBERS , ~\)fFOl..t . . Southold Towo Hill ~_ ";)~d P G~hnoge<, Cruurm" ~ . . . ~ 53095 Main Road ::::l . ;....:. . ;{' James Dinizio, Jr. Cl .. - P.O. Box 1179 CI) . <:: /1), . Lydia A. Tortora ~ . .. ~ Southold, New York 11971 ~, Lora S. Collins "~ - .... . ..~. ZBA Pax (516) 765-9064 George Horning '1toJ .... i>~'" j RE . . . . ho~ (516) 765-1809 CElVED BOARD OF APPEAL . . T.F.Ji: SOti'f.H; ~N'D FILED By TOWN OF SOIYTIlOLt DAY$: ?/QztlD ToWN ~ ... r EOUB.3 :0/ MINUTES THURSDAY, JUNE 24,19 REGULAR MEETING Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member Linda Kowalski, ZBA Secretary. Absent was: James Dinizio, Jr., Member 6:40 p.m. Chairman Goehringer called the meeting to order. I. SEORA RESOLUTION: A. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to declare the following projects as "Type II Actions" (no. further steps under SEQRA) for the following setback, lot area, building length, and/or accessory use projects: #4696 - George and Eileen McGough #4697 - Fred. and Mary Milner #4698 - William Lieblein #4699 - Lisa Jerome #4702 - Dan and Madeline Abbott #4703 - Mike Morrison #4704 - James Hunter #4705- RayrtlQpd Mitchell #4706 - Richard Briggman #4707 - NancyWellin #4708 - Mark Lieb #4709 - T. Losee #4710- J. Frazzitta. #4711 -c. Davids. -----,,_._.__._..._~-_..._-~_...^-.,_.._~~. J__'.",:,-.-_ . . Page 2 - Minutes , Regular Meeting of June 24, 1999 Southold Town Board of Appeals #4662 - P. Rushin & Motley. This Resolution was duly adopted. (4-0). B. COORDINATION LEITERS: MattituckLibrary - Planning Board, Lead Agency/Unlisted Action Designation and coordination letter (for all involved agencies). Reviews pending. * * * II. PUBLIC HEARINGS: 6:35 p.m. App!. No. 4685 - VINCENT TORRE. This is a request for a Variance under Zoning Code Chapter 100, Article III, section 100-31C(2) based upon the October 20, 1998 Notice of Disapproval (updated January 27, 1999) regarding a building permit application to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery, disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A-C Zone. location of Property: 100 Sound Avenue, Mattituck, NY; Parcel ID 1000-120-3-1. (No appearances were made.) Applicant, by his agent Proper-T Services, Inc., requested a postponement. Motion was made by Chairman Goehring~r, seconded by Member Tortora, to recess the hearing to the July 22, 1999 hearings calendar, pursuant to applicant's request. VOTE OF THE BOARD: AYES: Goehringer, Tortora, Collins, Horning. (Member Dinizio was absent.) This Resolution was duly adopted (4-0). PUBLIC HEARINGS, CONTINUED: 6:38 p.m. App!. No. 4687 - PRISCILLA STEElE. This is a request for a lot Waiver under Chapter 100, Article II, Section 100-26, for a substanclard (vacant) lot known as 275 Village Lane (west side), at Mattituck, NY, situated approximately 122 feet north of the Main Road, identified as Parcel 1000-114-6-5. This request is based upon an application for a building permit and the Building Department's March 22, 1999 Notice of Disapproval which states that Article II, Section 100-25 merged this lot with an adjacent house lot to the west referred to as 15405 Main Road, Mattituck, Parcel No. 1000-114-06-03. Richard F. Lark, Esq. spoke in behalf of the application. Also present was Mrs. Steele. After receiving testimony, motion wasmadeby Chairman Goehringer, seconded by Member Tortora, and duly canied, to close the hearing. This Resolution was. duly adopted (4-0). IV. AGENDA ITEM: .' 'i'<' A. Motion was made by Member Tortora, seconded by Member Horning, and duly carried, to approve the Minutes for the May 20, 1999 Meeting. This Resolution was duly adopted (4-0). B. Code Committee Sessions (none scheduled). ~~'--""_._'_._--~_._-----".- .--"-"~--"..". . . Page 3 - Minutes Regular Meeting of June 24, 1999 Soothold Town Board of Appeals C. RESOLUTION: . Motion was made by Chairman Goehringer, seconded by Member Tortora, and. duly carried, to conduct site inspections for all of the July 22, 1999 projects. This Resolution was duly adopted (4-0). II. PUBLIC HEARINGS, continued: p:4S -7:15 p.m. Appl. No.470S - LIEBCELLARS. Variances arerequested to extend the width oftwo buildings, creating more than 60 ft. of frontClge. This request is based upon an application fora building permit and the Building Department's May 7, 1999 Notice of Disapproval, citing Article WII, Section 100-S3C(A). . Location of Property: 35 Cox Neck Lane, Mattituck, NY;ParcelID 1000-121-6-1. Abigail Wickham, Esq. spoke in behalfoftheapplication and requested an Interpretation. Also speaking were Joe Anfry, Mr. Hern, Arthur Foster (please see transcript of he~lring statements prepared separately). FolI~wing testimony, motion was madeby Mr. Chairll1an Goehringer, seconded by Mr. Horning,. and duly carried, to recess the hearing with respect to the variance, until the September 16, 1999 meetillQ. This Resolution was duly adopted (4-0). 7: 15 p.m. Appl. No. 4696 - GEORGE AND EILEEN McGOUGH. This is a request for a Variance under Chapter 100 (Zoning) to place an accessory garage in the front yard area at 4065 Orchard Street, Orient, NY, Parcel 1000-27-2-2.7, based upon an application for a building permit and a Building Inspector's February 26, 1999 Notice of Disapproval (#2 of 2}which states that Article III, Section 100-33 requires thatthe proposed accessory garage be placed in the rear yard area. Elizabeth Thompson, Architect, spoke in behalf of the application. (Please see written. transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Gpehringer, seconded by Members Tortora and Collins, to close the hearing. This Resolution was: duly adopted (4-0). 7:2S p.m. Appl. No. 4697 - FRED MILNER. This is a request for Variances under Zoning Code Article XXIV, Section 100-244 for: (1) proposed lot coverage in excess of 20% code limitation; (2) minimum side yard at less than 10 feet on one side; (3) total side yards at less than 25 for both sides; (4). minimum rear yard at less than 35 feet. This application is based on the Building Inspector's April 6, 1999 Notice of Disapproval for C1pproval of "as built" deck additions and pooL. (BUildipgPermit #19877-Z was issued MayJ?, 1991 for a pool and certain deck areas.) Locati9n of Property; .870 Bray Avenue, Laurel, NY; Parcel 1000--126-1-15. Mr. Milner spoke in behalf of the appHcation. (Please see written transcript of statements Prepared under. separate cover.) Following testimony, motion. was made by Chairman Goehlinger, seconded by Member Hornirig,to close the hearing. This Resolution was duly adopted (4-0). 7:43 - 8:09 p.m. Appl. No. 4703 - MIKE MORRISON. This isa request for a Variance under Article IlIA, Section ~00-30AA for permission to locate an accessory inground swimming pool in an area other than.the req1:lired rear yard at 30100 Main Road, Cutchogue; Parcel 1000-102-3-7. Mr. Morrison submitted five sets of photos and spoke in behalf of his application. Mr. T. McCarthy (prior owner) and Margaret Sheraton also~pokein support of the application. Opposing th.e application were Debora/"). DOty,. Esq. for the Association and Mr. Ray Huntington. Please see written transcript of statements prepared under separate Page 4 - Minutes . . Regular Meeting of June 24, 1999 Southold Town Board of Appeals cover. ) Following testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to close the hearing. This Resolution was duly adopted (4-0). A short recess was taken between 8:09 and 8: 15 p.m. 8:15 - 8:40 p.m. App!. No. 4702 - DAN AND MADELINE ABBOTT. This is a request for a Lot Waiver under Article II, Section 100-26 for a substandard vacant lot referred to as 355 Pine Place, East Marion, Map of Gardiners Bay Estates, NY, identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 4, Lot 14. This request is based on an application for a building permit and the Building Department's February 11, 1999 Notice of Disapproval which states that Lots 14 and 15 in District 1000, Section 37, Block 4, have merged under Article II, Section 100-25A, due to common ownership at any time since JUly 1, 1983. CTM Lot 15 is a house lot referred to as 435 Pine Place, East Marion, NY. Eugene Barnosky, Esq. and Paul Heffernan (sworn in) spoke in support of the application. Opposing the application were D. Wirtz, Frank Thorp, Arnold Blair, residents in the Gardiners Bay Association area. Please see written transcript of statements prepared under separate cover. ) Following testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to close the hearing. This Resolution was duly adopted (4-0). 8:40 - 9:05 p.m. App!. No. 4707 - NANCY WELLIN. This is a request for a Lot Waiver Waiver under Article II, Section 100-26 for a vacant corner lot, substandard in size, which is referred to as 1145 Grand Avenue, Mattituck, NY, Suffolk County Tax Map District 1000, Section 107, Block 8, Lot 37. This request is based on an application for a building permit and the Building Department's April 29, 1999 Notice of Disapproval which states that Lots 32 and 37 in District 1000, Section 107, Block 8, have merged under Article II, Section 100-25A, due to common ownership at any time after July 1, 1983. CTM Lot 32 is a vacant corner lot, also substandard in size, referred to as 200 Brower Road, Mattituck. Dan Mooney, Esq. spoke in behalf of the application. Speaking with concerns was Mrs. Barbara Reiter and Mr. Bob Reetz. Please see written transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Horning, to close the hearing. This Resolution was duly adopted (4-0). 9:05 - 9:09 p.m. App!. No. 4704 - JAMES HUNTER. This is a request for a Variance to locate an in-ground swimming pool in an area other than the required rear yard. This application is based upon an application for a building permit and the Building Department's April 22, 1999 Notice of Disapproval which cites Article III, Section 100-33. Location of Property: 11227 Soundview Avenue, Southold, NY; Parcel 1000-54-6-2.6. Please see written transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Collins, to close the hearing. This Resolution was duly adopted (4-0). 9:09 - 9:16 p.m. App!. No. 4705 - RAYMOND MITCHELL. This is a request for a Variance to locate addition/alteration to the existing single-family dwelling with an insufficient front yard setback. This request is based upon an application for a Building Permit, and the Building Inspector's January 5, 1999 Notice of Disapproval which cites Article XXIV, Section 100-244. Location of Property: 1875 Hiawathas Path, Southold, NY; Parcel . Page 5 - Minutes Regular Meeting of )une 24, 1999 Southold Town Board of Appeals 1000-78-3-60. Mr. Mitchell spoke in behalfofhis appli<;:ation. Please see writtentranscript of statements from the applicant aDd Mr;peter Bransfield, prepared under separatecov{;!r.) Following testimony, motion was. made by Chairman Goehringer, seconded by Member Tortora, to close the hearing. ThisResolution was duly adopted (4-0). "9:16 p.m. App!. No.4706-RICHARDB~IGGMANN. This isa request far a Varii'lnce for approval of "as. built" foundationda~ed April), 1999, under Building Permit #2~602-Z whiCh is located with a rear yardsetbac\<atlessthan the code req\Jirement of 50 ft. This request is bi'lsed upo~inspeQtionsuTlder.Bujlding Permit No. 25(;02-Z and the Building Department's April 27, 1999 ~oticeof Disapproval\^jhichcites Articlem,Section 1QO-30A.3. Location of Property: 272 sreak\'VaterRpadr M~ttituck,Ny;parcellOOO-113-3'"7A.. . (No appeari'ln<;:e). TheChairmqn9pe!'leclth~..~ei'ltingi'lnd rE;Cessed the hei'lring for approximately 20 minutesto see if thebuild~r(D.McGahan) would return, See 11:03 p.m. 9:17 - 9:24 p.m. App\. No. 4709 -THOrvlASLOSEE. This is a request for a Variance for "as built'. location of de<;:kaddition with aSetl:>ack at less than 75 f~et from the bulkhead. This request is based. on an application fori'lbuilding permit dated April 28, 1999, and the Building Department's May 4,1999 Nqticeof pisapproval citi!'l9Articl~)(XlIl, Section 100- 239.4B.Lqcation of Prqperty: 7425 Nassau Pqint Road, Cutchqgue;Parcell000-118~4-2. C Mesianoappearedinbel1alfof applicant.. .Please see. writtentra!'l~riptof statements prepared. under separatec?ver.) Followirg.testimony, motion was: made by Chairman Goehringer, seconded by Member Collins and Tortora, to c10sethe l1earing. This Resolution was duly adopted. (4-0). 9:24 - 9:28 p.m. .. Appl. No. 4711 -CURTIS DAVIDS; A Variance is requested under Article XXIV, Section 100..244 to place deck addition with a setback at less than the required 35 feet from the rear property line, at 215 Green Hill Lane, Eastern Shores lot 123, Greenport; Parcel 1000-33-2-48. Mr. Davids spoke in behalf of his application. Please see written transcript ofst9tements prepared under separate cover.) .Following testimony, motion was made by Chairman Goehringer, seconded by Member Collins, to close. the hearing. This Resolution was duly adopted (4-0). . 9:28 -9:48 p.m. . App\. NO. 4698 - WILLIAM LIEBLEIN and BUDD'S POND REALTY. Variances are requested for lot qrea of 35,000+- sq. ft., .Iot depth of 100+- ft., rear yard at less than 25 feet, landscape area at less than 20%, and builc\ing oeight at 36.5 feet in this M-Il Marine Zone District. These requests are based upon an application for a building permit to construct boat stqragebuilding-facility and the Building DepartmenfsMarch 23, 1999 Notice of Disapproval reference Article XII, Sections 100-121and 100-122. Location of Property: 62845 and 62945 Main Road, Southold, NY; Parcels NO. 1000-56-4-11 and 13.2. Garrett Stri'lng, Architect, and Bill Ueblein ~ppeared in behalf pf the application. Also appeared in support oftl1e application were CharlieSwiskey, Eimplpyee ofthePortof Egypt, and Dr. Joseph Lizewski. Please see. written transcript of stqtements prepared under separate cover. ) In reviewing the Affid9vitsofMailing subm,tted: aqhis time, it was noted by the Board Secretary that the Long Island~ailroadwas not noti~edandaskedthe Board if they wished to require notice or waive notice. .. After receivi~p t~tifTlony in support of the application, motion was made by Chairman Goehringer, second~d by Member Tortora, to . Page 6 - Minutes Regular Meeting of June 24, 1999 Southold Town Board of Appeals recess the hearing to the July 22,1999 hearing calendar (pending receipt of notice to the LIRR). This Resolution was duly adopted (4-0.). 9:48 - 9:53 p.m. App!. No. 4712 - HENRY AND LINDA KOZEN. Variances are requested under Article III, Section 10.0.-33 for Placement of an accessory storage building in a front yard area,. and under Article III, Section 10.0.-231 for placement ofa fence Cllongand within front yard areas crta height above the four-{t.limitation. . Location of Property: Comer of Theresa DriveClnd 1520 DonnCl Drive, .Mattituck, NY;alsoknpwnas Lot #33 on the Map of Deep HpleCreekEstates;CountyParcel ID#lOo.O-1l5-15-14. The applicants spoke in suppprtof their project. (Me(T1 ber T ortoralefi;the room (juring this healing, anq the three remainil'1Q bpard:(l}ernbers rernained.) . Pl~asesee written transcriptofstaternen~prepared under sepciri:ltecover.) . FollOWing testirn()/1Y' motion\^Jas rnadebyChairman (3oehringer, seconded by Member Homing, to c1bsethehearing. This Resolution was duly.adopted,(3-Q). Member Tortora returhed to the meeting atthis time. 9:53 - 10.: 10 p.m. App!. No. 4662- PATRICIA RUSHIN & PAMELA . MOTTLEY. Variances are requested under Article III, Sections 100.-32, 10.0.-33, and Article XXIII, Section lo.o.-235A(2) based upon the December 10., 1998 Notice of Disapproval in this pending subdivision project for: (a) Insufficient lot wi.dth for each proposed Parcel A and B, for one single-family dwelling use on each Parcel; (b) Insufficient lot area of proposed Parcel A; @ Insufficient side yards for each proppsed Parcels A and B. (d) Insufficienttotal side yards for each proposed Parcel A and B. (e) Proposed Parcel B - with "no safe and convenient access". (f) Bathhouse structure on Parcel A. Location: 6850. Indian Neck Lane, Peconic; 10.0.0.-86-7-5 (currently 3.43+-A). Patricia Moore, Esq.ap~red and spoke in behalf of the applicants. The owners were also present with their Architect, Patrick Brennan. Mrs. Varano spoke with concerns and objections. Please see written transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Homing, to close the hearing. This Resolution was duly adopted (4-0.). 10:10. - 10.:38 p.m. App\. No. 4699 - LISA JEROME (HART'S HARDWARE). Variances are requested under Article X, Section 10.0.-10.2 to locate a proposed addition with reduced rear and front yard setbacks, and under Article X, Section lOo.-1o.3C for a structure (addition) at more than Sixty linear feet of frontage in this General Business Zone District. This request is baseciuppn an application for a building permit and the Building Department's April 5, 1999 Notice of Disapprovat Location of Property: 50.0.0.0. Main Road. (Hardware Store} and Jockey Creek Drive, Southold, NY; CfM. Parcel 100.0.- 70.-5-6.2. Patrida Moore,. Esq. spoke in behalf of the .applicants. Dr. Joseph Uzewski spoke in. support of this project. Please see written transcript of statements prepared under separate cover.) Following testimOny, motion was made by Chairman Goehringer, seconded -----.-.--.--- . . . , Page 7 - Minutes RegularMeeting of June 24. 1999 Southold Town Board of Appeals. by Member Horning, to recess the hearing to the August 18, 1999 hearings calendar, pending comments from the Planning Board regarding site plan elements. This Resolution was duly adopted (4-0). . 10:38 - 11:03. p.m. Appl. No. 4710 - JOSEPH. FRAZZITTA. A Variance is requested under Article . XXIII, . Section 100-239.4B. to IClcateaproposed. acc:essory building at less than the code requirement of 75 f~etfrom the bulkhead, .and at less than the40ft.setback conditionProyided under ZBA Appt No. 4.570 dated June 23, 1998. LocationofProper-ty:1420 InletWay,Southold,NY;CTM Parcel 1000-92-1-6. Patricia Moore, . Esq. spoke inbehaltof the applicant. . Board Members also disClJssed the concemabollt "resjudicata"since the relief requestedj~ this application appears to be the same. relief which was decideclpr~viously. It wasagreecl to recess the hearing .to July 22, 1999, toproyideCiI} opportunity for the .MelJJlbetstClconsultwiththy Town AttOrney. . please see written trans~riptof~atements.prePClr~undersE:paratecover.) FOllOWing testimony,. moticlnwas rnadeby Ghairrna.o GoehrinQeri seconded by Member Collil')S, to recess the hearing to the July 22, 1999 hearings calet1d~r. This Resolution was dulyado()ted (4-0} 11:03 p.m. Appl. No. 4706 - RICHARD BRIGGMANN. (No appearance.) The public hearing was reopened, and noting no appearances, motion was made by Chairman Goehringer, seconded by Member Tortora, to recess the hearing to July 1, 1999. This Resolution was duly adopted (4-0). III. DEUBERATIONS/DECISIONS: (none - all were carried over to the next meeting due to the lateness of the meeting). IV. RESOLUTIONS (none). V. EXECUTIVE SESSION (Pending litigation - Southampton Lumber Co) (not held). * * * There being no other business at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at approximately 11:20 p.m. Respectfully submitted, ~Kfw~- Linda Kowalski 7/19/99 - Board Secretary