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Home My WebLink AboutZBA-10/18/2001APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora IL.ora S, Collins George Homing BOARD OF APPEAI,S TOWN OF SOUTHOLD ' MINUTES THURSDAY, OCTOBER 18, 2001 REGULAR MEETING Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 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 Thursday, October 18, 2001 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman Lydia Tortora, Member George Homing, Member Lora S. Collins, Member Linda Kowalski, Secretary Absent was: Member James Dinizio. Jr. (due to family illness). 6:30 p.m The Chairman called the meeting to order, and proceeded as follows: STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEWS (Agenda Item I): Motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to confirm the following SEQRA reviews and declarations: A. Type # Declarations: Appl. No. 5010- R. DiBlasi Appl. No. 5006- A. Volinski Appl. No. 5000- G. and D. Wansor Appl. No. 5013 - A. Youngman A ppi. No. 5009- L. Pecoraro Appl. No. 5008 - Manzi Homes Appl. No. 4997 - M. Carbone Appl. No. 5016 - C. Whelan Appl. No. 5011 - P. Daniel and. T. Trujillo Appl. No. 4998 - E. Sentell Appl. No. 5012- S. Fitzgerald Appl. No. 5002 - J. Giambalvo Appl, No. 5007 - Mark Levine. Appl. No. 5014- A. and E. Berman Appl. No. 5015 - S. Dading Page 2 - Minutes Meeting of October 18 2001 Southold Town Board of Appeals Unlisted Action: Appl. No. 5005-S. Reed This Resolution was duly adopted (4-0). PUBLIC HEARINGS (Agenda Item II): Please see the wdtten Transcript of hearings for actual statements, prepared under separate cover. After testimony was received on the following hearings, Resolutions were adopted to RECESS the headngs to 6:30 p.m. on October 25, 2001, pending receipt of the publication by the official newspaper which was not available until today. (The Chairman announced that the hearings would be concluded on October 25, 2001.) 6:34 p.m. Appl. No. 5010 - ROBERTDIBLASI. Request fora Vadance under Sections 100-242A and 100-244, based on the Building Inspector's July 27, 2001 Notice of Disapproval. Applicants are proposing to construct additions/alterations to an existing dwelling with a setback at less than 35 feet from the front line and with lot coverage over twenty (20%) percent. Location: 560 Bayview Drive. Gardiners Bay Estates, East Marion; 37-5-1. Warren Sambach, P.E. spoke in behalf of the applicant. Mr. Sambach agreed to submit engineer's calculations for reliance by the Board based on the survey rather than the assessment record before the next meeting. RESOLUTION ADOPTED; After receivlng,~--'% testimony, a motion was offered by Chairman Goehringer, seconded by Member Tortora, and dul~, carded, to RECESS the hearing to 6:30 p.m. on October 25, 2001, pending receipt of information. 6:46 p.m. Appl. No. 5006- ANTONE VOLINSKI. Request for Variances under Section 100-33B, and Section 100-244B, based on the Building Inspector's 2001 Notice of Disapproval. Applicant requests approval of the existing shed in a rear yard location at less than three (3) feet, and with a lot coverage of 64+- sq. ft. over that granted under Appeal No. 4133. Location: 17 Middleton Road, Greenport, Lot #5 on the Map of Fleetsfield; Parcel 1000-40-5-6. Mr. Volinski spoke in support of the application. RESOLUTION ADOPTED: After receiving testimony, a motion was offered by Chairman Goehdnger, seconded by Member Collins and duly carded, to RECESS the headng to 6:30 p.m. October 25, 2001. 6:49 p.m. Appl. No. 5000 - GERALD AND DOROTHY WANSOR. A Variance requested under Section 100-242A, and Section 100-244, based on the Building Inspector's July 27, 2001 Notice of Disapproval. Applicants are proposing to construct additions/alterations to an existing dwelling with a setback at less than 40 feet from the front line. Location: 1525 Vanston Road, Cutchogue; 111-4-12. Mr. Wansor spoke in behalf of his application. RESOLUTION ADOPTED: After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the hearing to 6:30 p.m. on October 25, 2001. This Resolution was duly: adopted (4-0). 6:55 p.m. Appl. No. 5013 - ARLINE YOUNGMAN. This is a request for a Va dance under Section 100- 33C, based on the Building Inspector's August 14, 2001 Notice of Disapproval. Applicant is proposing to construct an accessory garage at less than 40 feet from the front property line. 1010 Salt Marsh Lane, Peconic; 68-3-6. Mrs. Youngman spoke in support of her application. During discussions, Board Member(s) inquired as to the location of the well and possibly considering a move of the accessory,. building to the opposite side, and greater than the requested 15 ft. setback RESOLUT ON ADOPTED ~.. After receiving testimony, a motion was offered by Chairman Goehringer, seconded Dy Member Page 3 - Minutes Meeting of October 18, 2001 Southold Town Board of Appeals Tortora, and du y carried, to RECESS the hearing to 6:30 p.m on October 25 2001 pending receipt of the requested information. This Resolution was duly adopted (4-0). 7:07 p.m. App!. No. 5005 ~ SUSAN POPE REED. This is a request for a Vadance under Code Sections 100-243A and 100-241G, based on the Building Inspector's August 22, 2001 Notice of Disapproval, disapproved for the reason that the. nonconforming dwelling use of the builder has been discontinued for a period of more than two years. Applicant is proposing to reinstate the former single- family dwelling use with repair and/or alterations to the existing foundation. Location of Property: 33255 Main ROad, Cutchogue; Parcel 1000-97-1-5. Zone District: B General Business. Ms. Reed spoke in support of her application.: During discussions, Ms~ Reed was asked to consult her attorney regarding the areas of 'zoning law pertaining to her application. Mrs.. Dawn Charnews, neighboring pro~perty owner, spoke in support of property mprovements and with concerns RESOLUTION ADOPTED: Foliov~ing testimony, ~a motio~ Was offered by Cha rman Goehringer, seconded by Member Horning, an :a~ the hearing ~Vithout .a set.date pending, additional information regarding This Resolution was dulyadepted (4-0). 33: is the rear lot Road, ap Variance under Code Sections 100- I1. Notice of Disapproval. AppliCant ,~ss than~ thirty (35) feet from the edge of will Place the ex sting'accessory shed in a :,s de yard. Location: 2125 Hyatt 2.Ms. Pec°raro, and Eilen Knal~p of GreenPort, spoke n support of the a motion was offered by Chairman to 6:30 p.m. on ,~. reqL was duly adopted (4-0). Request for a V~nance under Code Section 100-244B, 17, 2001 Notice of ~isap~roval. Applicant is proposing to leSs than ~0 ,feet from the',rear et ne at 400 Rene D~:ive, Er, :contrac~ v~endeei, spoke in support of his application. ADOPTED: After receiving testimonY; a mofionlw~.s cJffered by Chairman G0ehri~ger, seconded by M~mber H~rning, and duly carded, to RiECESS the hea~r ng to 6 30 p m. on October 25, 2001 pendidg ~'e~eipt of"~he requested i~f°rmati°n. Th S'Resoluti°n Was duly adoPted (4:0). 8 05 p.m. Appl. :No. 499~7 - M CHAEL C~RBONE. This s an application for a Vadance under Artce XXI'II Section 100-239~.~t~ based on the Bu Id ng nSPect0r's Jdne 26,12001 Notice of Disapproval for a pr0P0~ed new.dWellir~g; 'after remova of the'ex ~;t ng'.hoUse The ne~/dwe ng w be at ess than 75 feet from the bulkhead. Location of Prope!tty: 1580~N:orth Bayview Road, Southold; 1000-70-12-34. James Fitzgerald (Pro~ei'-T Services, Inc.)spoke in support of the app cation and offered to furnish a De~,~mber 23 Which superimposes the PropOsed footprint of the house over. the existing off 'the ihouse :W~hich were on separate sU~yS. RESOLUTION ADOPTED After receiv ng offered by Chairman ( ' ' seconded by Member COllins, and duly to 6:30 p.m. on H pending receipt.of the requested ~dopted (4-0), Page 4 - Minutes Meeting of October 18. 2001 Southo~d Town Board of Appeals 8:25 p.m. Appl. No. 5016 - CHARLES WHELAN. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Inspector's August 14 2001 Notice of Disapproval. Applicant is proposing to construct a single-family dwelling with a front yard setback at less than 35 feet. Location of Property: 715 Monsell Lane, Cutchogue; 97-8-25: Mr. John Prizeman, contract vendee spoke in support of his application. During discussions, Board Members indicated a problem with granting a setback at 15 feet from the front line when the building may be repositioned or modified to better conform to the property. Mr. Prizeman was asked to reconsider and possibly submit an amended map with greater setback. Opposing the application at the hearing were Holly Butler and Frances Vedty. RESOLUTION ADOPTED: After receiving testimony, a motion was, offered by Chairman Goehdnger, seconded by Member Collins, and duly carried to RECESS the i~eadng to 6:30 p.m. on October 25, 2001 pending receipt of the requested information. This ReSolution was duly adopted (4-0). 8:45 p.m. AppL No. 5011 - PAULA DANIEL and TIMOTHY TRUJILLO. Request for a Variance under Section 100-244B, based on the Building Inspector's August 28, 2001 Notice of Disapproval. Applicants are proposing an addition and alterations to existing single-family dwelling which does not meet the minimum rear yard setback of 50 feet; 580 SoundvieW Avenue West, Peconic; 74-2-6. RESOLUTION ADOPTED: After receiving testimony, a mot on was offered by Chairman Goehdnger,/---% seconded by Member Homing, and duly carried, to RECESS the headng to 6:30 p.m: on October 25,' 2001 pending receipt of the requested information.. This Resolution was duly adopted (4-0). 9:00 p.m. Appl. No. 4998 - ELIZABETH SEN:TELL. This is .a request for a Variance under Article XXlV, Section 100-242A, and Section 100-244, based on the Building nspector's July 27, 2001 Notice of Disapproval. The applicant is propos ng additions to existing: dwelling with side yard setbacks at less than 10 feet on one side and less than 15 feet on the other: Location o~ Property: 220 Lakeview Terrace, East Marion; Parcel 1000-31-9-161 RESOLUT ON/~,DOPTED: After receiving !estimony, a motion Was offered by Chairman G0ehringer seconded by Member Horn ng and duly carded, to RECESS the headng to 6:30 p.m. on oct°her ~5, 2001 pen~i~g receipt °f 'the requested'~information. This Resolution was duly adopted (4-0). 9:10 p.m. Appk No. 5012 - SHAWN AND JOLYNE FITZGERALD. This is a request for a Variance under Section 100-231B, based on the Building Inspector's August 3, 2001 Notice of Disapproval. Applicants are proposing to construct an accessory tennis court with fence enclosure over 6.5 feet in height at 495 Paddock Way, Matttuck; 107-4-2.1. RESE)LUTION ADOPTED: After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the heating to 6 30 pm. on OctOber 25,1200;I pending receipt of the requested information. This Resolution was du y adopted (4-0). 9:14 p.m. Appl. No. 5002 - JAMES R.= GIAMBALVO. This is a request under Code Section 100-26 for a Lot Waiver to Unmerge property shown as 1000-106-6-32 from 1000-106-6-31. This request is based on the Building InspectoCs August 2 2001 ~Notice of Disapproval which states that Lot 32 has merged with an adia(~ent lot to the east (10~-6-31) pursuant to section 100-25 which has been held common ownershiP) at any time after July 1, 1983; known as #300 and #248 North Drive at Shoresk,, Acres Mattituck. RESOLUTION ADOPTED: After receiving testimony, a motion was offered by Page 5 - Minutes Meeting of October 18. 2001 Southold Town Board of Appeals Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the hearing to 6:30 p.m. on October 25, 2001 pending receipt of the requested information This Resolution was duly adopted (4-0). 9:18 p.m. -Appl. No. 5007 - MARK LEVINE. This is a request for a Vadance under Code Section 100- 239.4 and Section 100-32 based on the Building inspector's August 10, 2001 Notice of Disapproval. Applicant was disapproved for new construction within 100 feet of the top of the bluff, and for a set of stairs and observation deck above the 2-1/2 story height limitation of the Code. Location of Property: 2510 Grandview Ddve, Orient; Parcel 1000-14-2-3.7. Abigail Wickham, Esq. spoke in support of the application and asked, and the Board agreed, to include the prior file pertaining to this property as part of this record. Aisc .speaking in support was the applicant's landscaper, Dave Cichanowicz. RESOLUTION ADOPTED: After receiving testimony, a motion was offered by Chairman Goehdnger, seconded by Member Collins, and duly carried, to RECESS the hearing to 6:30 p.m. on October 25, 2001 pending receipt of the requested information. This Resolution was duly adopted (4-0). 9:50 p.m. Appl. No. 5014 - ALVIIV_ BERMAN and ELLEN BUCHBINDER-BERMAN. Appeal for an Interpretation of Section 100-239.4 to confirm the location of the top of the bluff, or bank, of the Long Island Sound. Applicants in the a ternative, request a Variance under Sect on 100-239.4 based on the Building Inspectors September 7, 2001 Notice Of Disapprova, wh ch states that the dwelling is less than 100 feet from the top of the bluff or bank, at 215 Hill Crest Ddve North, Orient; 13-2-8.016. Mrs. C. Mesiano, agent, spoke in support of the application; Aisc present in support of the application were representatives from Fairweather-Brown Design Architects, Inc. RESOLUTION ADOPTED: After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Collins and duly carded, to RECESS the headng to 6:30 p.m. on October 25, 2001 pending receipt of the requested information. This Resolution was duly adopted (4-0). 10:10 p.m. Appl. No. 5015 - SHIRLEY' G. DARLING. Request for a Variance under Section 100-33, based on the Building Inspector's August 31,200ri Notice of Disapp¢oval. Applicant is proposing to demolish an existing: shop building and construct an accessory garage structure in an area other than the required rear yard and with lot coverage in excess of the code limitation of 20 percent of the total lot size. 48920 Main Road, Southold; 70-7-9. Ms. Darling spoke in support of her application. Board Members noted the error on the Building nspector's Notice of Disapproval pertaining to lot coverage and noted that no vadance was necessary with respect to lot coverage. RESOLUTION ADOPTED: After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carded, to RECESS the hearing to 6:30 p.m. on October 25, 2001 pending receipt of the requested information. This ReSOlution was duly adopted (4-0). (End of hearings.) Ill. DELIBERATIONS/DECISIONS: The Board deliberated and the following action regarding Appl. No. 4990 was taken. Please see official Findings, Deliberation and Decision filed with the Office of the Town Clerk, and a copy of which is attached to this set of Minutes as though fully wdtten and set forth herein. Page 6 - Minutes Meeting of October 18, 2001 Southold Town Board of Appeals Carryovers from October 4, 2001 Agenda: Appl. No. 4990 - North Bay Properties - Approved with Conditions. IV. RESOLUTIONS/UPDATES/OTHER: A. RESOLUTION: A motion was offered by Chairman Goehringer, seconded by Member Horning, and duly carded, to confirm advertisement of new applications filed in complete form for the November 15, 2001 and December 13, 2001 Calendars. This Resolution was duly adopted (4-0). B. OTHER: A Special Meeting was confirmed for Thursday, October 25, 2001 commencing at 6:30 p.m. C. RESOLUTION: A motion was offered by Chairman Goehdnger, seconded by Member Tortora, and duly carded, to Approve Minutes of the following Meetings: October 4, 2001; February 27, 2001; April 5, 2001. This Resolution was duly adopted (4-0). D. RESOLUTION: A motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carded, to accept all wdtten submissions as of this date regarding Appl. No. 4995 - Peter and Valede Leoniak. This Resolution was duly adopted (4-0). EXECUTIVE SESSION (Agenda Item V) - none was held. INFORMAL WORK SESSION: The Members reviewed pending applications. The Members also agreed that the Chairman send a letter to the Code Committee to address tennis court fence heights with landscape buffer areas, rather than requiring a variance for every tennis court in the township No action was taken. There being no other business propedy coming before the Board at this time, the Chairman declared the meeting adjourned The meeting was adjourned at approximately 10:40 p.m. Respectfully submitted, ~.~- / ,/~'~.~.__., / UndaKowalski /'"' ~/,// / '~ ,*J Board Secreta~ 11P/01 ~eci~ion At~ed:~ ~~ ~¢' / ~-'Approved-Gerard P~Goehringer, Chairman ~,,,,~ ~¢) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FIN DINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 18, 2001 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone I631) 765-1809 Appl. No. 4987 - NORTH BAY PROPERTIES 1000-83-1-33 STREET & LOCATION: 8869 Oregon Road, Cutchogue DATE OF PUBLIC HEARING: September 20, 2001; October 4, 2001 FINDINGS OF FACT PROPERTY FACTS: The subject property is a parcel of 84,880 sq. ft. in Cutchogue, reached by a dght of way off Oregon Road, with frontage of 153 feet on Long Island Sound and depth of 604 feet on the west side and 562 feet on the east side It is improved with a newly constructed house and in-ground swimming pool. BASIS OF APPEAL: Building Department Notice of Disapproval, dated May 29, 2001, stating that the swimming pool is not permitted because it is less than 100 feet from the top of the Long Island Sound bluff, in violation of Code section 100-239.4A. AREA VARIANCE RELIEF REQUESTED: Applicant requests a vadance authorizing the swimming pool as built. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) A survey by Stanley J. Isaksen, Jr. shows the northerly side of the pool intruding 9.5 feet into the 100-foot bluff setback at the east end of the pool, and intruding. 2.8 feet at the west end. (2) Although the intrusion into the 100-foot bluff setback area is relatively modest, the Board notes that the bluff face on the property is seriously eroded, at least in part as a result of the construction of the house and pool. The Board is concerned about the condition of the bluff, especially in light of the fact that the pool and surrounding patio are a large structure. A letter to the applicant from the Suffolk County Soil and Water Conservation District, datedSeptember 19, 2001, states that, since a pdor inspection in June, substantial improvements had been made for protection against surface water running over the bluff, but that the bluff face was still in need of repair. (3) At the headng on October 4, 2001, Chades Bowman of The Land Use Company stated that he has developed a plan, ~n conjunction with Joseph Fischetti, PE, for protecting the bluff. He testified that drainage problems on the upland portion of the property have been resolved by drywells. The plan for the bluff will be submitted to the Page 2 - October 18, 2001 Appl. No. 4987 - North Bay Properties 1000-83-1-33 at Cutchogue Department of Environmental Conservation and the Town Trustees with the work planned for the spring of 2002. (4) A swimming pool is a reasonable accessory on a property of this type, and grant of the requested vadanca will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (5) Provided that the conditions set forth below are satisfied, grant of the requested variance should not have an adverse effect or impact on physical or environmental conditions. (6) The action set forth below is the minimum necessary to enable applicant to enjoy the benefit of the as built swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for, subject to the following CON DITIONS: (1) Stormwater runoff shall be directed into drywells that prevent it from running over the bluff. (2) Pool drain water shall be 'led away from the bluff and into drywells. (3) The berm constructed to protect the bluff from water runoff shall remain in place permanently. (4) A copy of the bluff stabilization plan described by Mr. Bowman at the headng on. October 4, 2001, shall be submitted to this Board after approval by the Department of Environmental Conservation and the Town Trustees. Prior to the issuance of a Certificate of Occupancy for the swimming pool, this Board shall be satisfied that such plan has been carded out in full, including necessary reshaping of the bluff, appropriate planting, and installation of a layer of protective boulders to dissipate wave energy at the bluff toe. (5) This Board reserves the dght to inspect the property up to the time of issuance of a Certificate of Occupancy for the swimming pool This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, Page 3 - October 18, 2001 Appl. No. 4987 - North Bay Properties 1900-83-t~33 at Cutchogue setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehdnger (Chairman), Tortora, Collins, and Homing. (Member Dinizio was absent due to family illness.) This Resolution was duly