HomeMy WebLinkAboutZBA-08/13/1998 APPEALS BOARD�M, RS Qsko �
0 CC Southold Town Hall
Gerard P. Goehringer, Chairman �� Gy< 53095 Main Road
James Dinizio,Jr. y 2 P.O. Box 1179
Lydia A.Tortora 0 Southold, New York 11971
Lora S. Collins y ��� ZBA Fax(516) 765-9064
George Horning '�Ol Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
THURSDAY, AUGUST 13, 1998
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 THURSDAY, AUGUST 13, 1998 commencing at 6:05
p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Lydia A. Tortora, Member
George Horning, Member (until 8:50 as agreed)
Lora S. Collins, Member
Linda Kowalski, Secretary to ZBA
6:05 p.m. Gerard P. Goehringer, Chairman called the meeting to order.
AGENDA ITEM I: DELIBERATIONS/DECISIONS, carryovers from prior
meeting, as listed below. The originals of the following determinations
were filed with the Town Clerk's Office, and copies are attached to this
set of Minutes:
Appl. 4579 - EDWARD AND AUDREY CIELATKA —Conditional
approval.
Appl. 4583 - BRETT AND MARIA MELLINGER— Conditional
approval.
Appl. 4585 - ISKENDER EREY AND ANGELICA BENGOLEA -
denial.
Appl. 4586 - LISA McELROY - Conditional approval.
II. PUBLIC HEARINGS: (Unless otherwise noted below, each hearing
included testimony by the applicant or his agents, statements pro and
con, and questions from the ZBA. Please see Transcript of Hearing
Statements prepared separately and filed with the Town Clerk's Office in
Page 2 of 10 - Minutes
August 13, 1998 Regular Meeting \t ,
Southold Town Board of Appeals
accordance with New York Town Law.)
6:25 p.m. Appl. No. 4590 - WALTER KRUPSKI. A Variance is
requested under Article XXIV, Section 100-244B for a proposed addition
to existing dwelling with an insufficient front yard setback. Location of
Property: 315 Pat Lane, Mattituck, NY; Parcel #1000-114-10-6. 3.
Fitzgerald spoke in behalf of the applicant. (No objections were
submitted from anyone in the audience.) Following testimony, motion
was made by Chairman Goehringer, seconded by Member Tortora, and
duly carried, to close the hearing. This Resolution was duly adopted (5-
0).
6:28 p.m. Appl. No. 4591 - A. ROMANO. A Variance is requested
under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule,
based upon the Building Inspector's 3une 15, 1998 Notice of Disapproval
for a permit to construct addition and alteration for a seasonal dwelling,
which states:
"Under Article IIIA, Section 100-30A.3 of the Bulk and
Parking Schedule in the R-40 Zone, the lot size of 8,662 sq.
ft. has an allowable lot coverage of 20% or 1,735 sq. ft.
Proposed construction will have 1,980 sq. ft. of lot coverage
of 22.9+- percent." Location of Property: 1380 Leeton
Drive, Southold, NY; Parcel #1000-58-2-2.
RESOLUTION/CANCELLATION OF THE NEXT HEARING at applicant's
request. Also await proof of Notices as per Ch. 58 before start of hearing
on October 15th for testimony. On motion by Member Collins, seconded
by Chairman Goehringer, it was
RESOLVED, to cancel the Z. Svatovic hearing regarding Appl. No.
4593, and to re-calendar this matter for a new hearing to be held at the
Board's Thursday, OCTOBER 15, 1998 Regular Public Meeting.
VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora,
Collins and Horning. This Resolution was duly adopted (5-0).
PUBLIC HEARINGS, continued:
Page 3 of 10 - Minutes
August 13, 1998 Regular Meeting
Southold Town Board of Appeals
6:46 p.m. Appl. No. 4595 - W. TUFANO. Variance under Article
XXIII, Section 100-239.4B based on the July 15, 1998 Notice of
Disapproval in which applicant has applied for a building permit to
construct new dwelling with deck addition at less than 75 feet from
existing bulkhead. 2482 Camp Mineola Road, Mattituck, NY; Parcel
#1000-122-9-9.6. Mr. Bill Tufano appeared in behalf of his application
and submitted the return receipt (green) cards, noting that Folley Beach
owner's green card was not received at this time. After receiving
testimony and noting no objections regarding this project, motion was
made by Chairman Goehringer, seconded by Member Horning, to close
the hearing. This Resolution was duly adopted (5-0).
6:50 p.m. Appl. No. 4587 - JOHN DWYER. Variance under Article
XXIV, Section 100-244, based upon the Building Inspector's May 5, 1998
Notice of Disapproval which disapproved an application for a permit to
construct an addition to dwelling for the reason that it encroaches on the
combined side yard setbacks. Location of Property: 2625 Bay Shore
Road, Greenport; 1000-53-4-21. Harvey Arnoff appeared as attorney
(for the applicant, who was is recuperating from surgery and ambulatory
problems). Mr. Arnoff submitted the post office green return receipt
cards. After receiving testimony and noting that there was no objection
raised during the hearing, motion was made by Chairman Goehringer,
seconded by Member Dinizio, to close the hearing. This Resolution was
duly adopted (5-0).
6:57 p.m. Appl. No. 4596 - BERYL CAFFREY. A Variance is
requested under Article III, Section 100-33B-4 for a corner of the "as
built" accessory building under Building Permit #22394Z issued
10/17/94. The foundation is setback at less than the required 20 ft. side
yard setback. Location of Property: 9395 Sound Avenue, Mattituck,
NY; Parcel #1000-121-2-4. William Kelly (Morton Buildings Contractor)
appeared and spoke in behalf of the applicant. After receiving testimony
and noting no questions from Board Members and no objections from
any person during the hearing, motion was made by Chairman
Goehringer, seconded by Member Tortora, and duly carried, to close the
hearing. This Resolution was duly adopted (5-0).
RESOLUTION/CANCELLATION OF THE NEXT HEARING at applicant's
request received 8/13/98 by telephone. Also await proof of Notices as
per Ch. 58 before start of hearing for testimony. Personal appearances
by adjacent property owner, Mrs. Cheryl Woods, and adjacent property
Page 4 of 10 - Minutes
August 13, 1998 Regular Meeting .
Southold Town Board of Appeals
owner, Mrs. Berdinka, were noted. The Chairman indicated that our
office had tried to reach Mrs. Berdinka today when the applicant called
and canceled the hearing (her telephone number was not listed in the
telephone book). Both ladies left their telephone numbers with the
Secretary and were advised of the new hearing date of October 15, 1998.
On motion by Chairman Goehringer, seconded by Member Tortora, it was
RESOLVED, to cancel the hearing regarding Application No. 4581
of JOSEPH LEBKUECHER, 935 Franklinville Road, Laurel, 1000-125-2-2.2,
and it was
FURTHER RESOLVED, to re-calendar and re-advertise this matter
for a new hearing to be held at the Board's Thursday, OCTOBER 15, 1998
Regular Public Meeting.
VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora,
Collins and Horning. This Resolution was duly adopted (5-0).
PUBLIC HEARINGS, continue on page 5 hereof.
Agenda Item III. SEQRA Declaration RESOLUTION: Under N.Y.S.
Environmental Quality Review Act application files involving residential
uses, accessory buildings, residential additions, setbacks, waivers under
100-26 pertaining to substandard lots as exist, and lot line changes,
were confirmed to be Type II actions under the State SEQRA list
regarding tonight's applications. No further procedure under SEQRA was
required. Motion was made by Chairman Goehringer, seconded by
Member Collins, and duly carried, confirming Type II Actions for
application calendared for public hearing on this date:
W. Krupski, A. Romano, Z. Svatovic, W. Tufano, B. Caffrey, M.
Ferraris, and R. Sledjeski.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO,
TORTORA, HORNING, AND COLLINS. This RESOLUTION was duly
ADOPTED.
Page 5 of 10 - Minutes
August 13, 1998 Regular Meeting
Southold Town Board of Appeals
AGENDA ITEM IV: REGULAR MEETING AND NEW APPLICATIONS. As
requested by at least two board members, the date of the September
loth Meeting was changed to September 24, 1998.
On motion by Chairman Goehringer, seconded by Member
Horning, it was
RESOLVED, to authorize advertisement of the following
applications for public hearings to be held THURSDAY, SEPTEMBER 24,
1998:
(new) Appl. No. 4598.Ic - WILLIAM F. GOUBEAUD. Area variances regarding size
of lots in proposed division of land
at Pine Neck Road and Gagen's Landing Road,Southold,70-10-37.
(new) Appl. No. 4599.jd - PATRICK MORTIMER. Proposed deck and "as built"
shed and "as built deck/patio." 3895 Paradise Pt. Road, Southold.
(new 7/29) Appl. No. 4600.It - E. ZIMMERMAN. Deck proposed within 75 ft. of
bulkhead at 500 South La., East Marion. 38-6-11.
(new 7/30) Appl. No. 4601.Ic - ROBERT SMITH. Addition and alteration to
garage/nonconforming "cottage"use. 505 Pt. Pleasant Road, Mattituck. 113-9-11.
(new 7/30) Appl. No. 4602.jd - CLIFFORD CORNELL. "As built" gazebo lot
coverage variance at 325 Willow Pt. Road,Southold; 56-5-26.
(new 7/30) Appl. No. 4603.It - ARTHUR R. TORELL. Waiver of lot, created by
subdivision map. 365 Westwood Lane,Greenport. 33-2-11+10.
(new 7/30) Appl. No. 4604.Ic - ARTHUR R. TORELL. Setback variance or,
alternatively allow reduction of lot size/proposed lot line adjustment. Westwood Lane,
Greenport.
33-2-11.
(New 8/7) Appl. No. 4605.jd - LIEB CELLARS & PALMER. Variance for winery on
less than 10 acres at 34995 Main Road,Cutchogue. 97-1-11.4.
(new 8/7) Appl. No. 4606.It- MASTRO. Extend fence along bulkhead at 6760 Gt.
Pec. Bay Blvd., Laurel. 126-11-3.1.
(New 8/10) Appl. No. 4607.Ic - JOHN SCHRIBER. As built raised patio with
reduced front yard setback at 1295 Old Harbor Road, New Suffolk. 117-3-10.
(New 8/11) Appl. No. 4608.jd - BERYL CAFFREY. Accessory buildings in front
yard at 520 Cedar Dr., Mattituck. 106-10-24.1.
Page 6 of 10 - Minutes
August 13, 1998 Regular Meeting
Southold Town Board of Appeals
(Prior Resol./adv.) Appl. No. 4592 - KOSTAS ZACHARIADIS. Applicant is
requesting Variances based upon two Building Inspector June 12, 1998 Notices of
Disapproval for(a)the proposed location of an inground swimming pool in a front yard
area (facing a street or right-of-way), Article III,, Section 100-33, and (b) the
insufficient front yard setback of an "as-built" deck addition to dwelling, Article XXIV,
Section 100-244B. Location of Property: 1697 Little Neck Road, Cutchogue, NY; Parcel
#1000-103-5-2.2.
(Prior Resol./adv.): Appl. No. 4597.It - BUILDING DEPARTMENT. Request for
Town-Wide Interpretation under Section 100-259 - Land Clearing (question: which
zones apply?).
(Prior Resol./adv.) Appl. No. 4582.It - ALI YUKBASIOGLU. Contract Vendee:
Soonok Kim. Owners: ROBERT and ETHEL SCHROEDER. Property: 4380 Route 25,
Greenport (near East Marion); 1000-35-5-4. Interpretation requested regarding
service station and/or public garage use.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TOR-
TORA, HORNING, AND COLLINS. This Resolution was adopted (5-0).
PUBLIC HEARINGS, continued:
7:08 p.m. Appl. No. 4594 - MARK AND NANCY FERRARIS. A
Variance is requested under Article XXIII, Section 100-231B based upon
the Building Inspector's June 15, 1998 Notice of Disapproval which
states: "Fences located in side or rear yards shall not exceed 6-1/2 feet
in height." The fence is proposed for the existing accessory tennis court
structure. Location of Property: 3585 Orchard Street, Orient; Parcel
1000-27-2-2.10. Mrs. Nancy Ferraris spoke in behalf of her application,
noting an amended height at eight (8) feet instead of 10 feet for the
tennis court fencing. Opposition was received from Mrs. Barbara
Friedman for substantial screening. The applicant has offered dogwood
or similar screening for portions of the yard and was requested by the
Board to submit a screening proposal. Another site visit was arranged
for Board Members for Saturday, August 22nd between 9:30 and 10:00
at Mrs. Ferraris' property. After receiving testimony, motion was made
by Chairman Goehringer, seconded by Member Tortora, to RECESS this
matter until the Regular Meeting of September 24, 1998. (Mrs. Ferraris
noted that she would not be able to attend at that time.) Vote of the
Board: Ayes: Members Goehringer, Dinizio, Tortora, Horning, and
Collins. This Resolution was duly adopted (5-0).
Page 7 of 10 - Minutes
August 13, 1998 Regular Meeting
Southold Town Board of Appeals
7:35 - 7:46 p.m. SHORT BREAK. Motion was made by Member
Horning, seconded by Chairman Goehringer, to recess for a few minutes.
Vote of the Board: Ayes: All.
7:46 p.m. RECONVENED. Motion was made by Chairman
Goehringer, seconded by Member Horning, to reconvene. Vote of the
Board: Ayes: All.
PUBLIC HEARINGS, continued:
7:47 p.m. Appl. No. 4589 - R. SLEDIESKI. Special Exception
under the Zoning Ordinance, Article III, Section 100-31B-13 for
Accessory Bed and Breakfast Use. Zone District: LB Limited Business.
Location of Property: 305 North Road at intersection with Sound Road,
Greenport, NY; Parcel ID #1000-35-1-21. Patricia Moore appeared as
attorney for the applicant. Mrs. Moore indicated that the property has
changed ownership, and that the application notes the transition. Mrs.
Moore submitted a copy of the deed which was previously requested. It
was applicant's position that although they had voluntarily submitted
the Special Exception request for a Bed and Breakfast (instead of
sending a letter requesting non-jurisdiction), it is the applicant's position
that Section 100-81A for this LB Zone District allows a B&B as a
permitted use without the need for a Special Exception approval.
Although Mrs. Moore is awaiting a determination from the Building
Department, the Building Department has not made a ruling, and in the
essence of saving time, Mrs. Moore is asking the Board to issue a ruling.
(See favorable action rendered at end of tonight's hearings.)
After receiving testimony, motion was made by Chairman Goehringer,
seconded by Member Dinizio, to close the hearing.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TOR-
TORA, HORNING, COLLINS. This Resolution was duly adopted (5-0).
PUBLIC HEARINGS, continued:
8:03 - 8:55 p.m. Appl. No. 4509 - E. TONYES/SOUTHOLD
AUTOMOTIVE. Location of Property: Citgo Station, 54360 Main Road,
i
Page 8 of 10 - Minutes
August 13, 1998 Regular Meeting
Southold Town Board of Appeals
Southold, NY:, Parcel 1000-61-4-23. This is an application requesting
Variances based upon the Building Inspector's August 13, 1997 Notice of
Disapproval. Applicant has applied for a building permit to construct
addition and to alter existing gasoline station building, and the
application was disapproved for the following reasons:
"Under Article XXIV, Section 100-243A, a nonconforming
building with a nonconforming use shall not be enlarged,
reconstructed or structurally altered unless the use of the
building is changed to a conforming use. The preexisting
building is located in the Hamlet Business District and is not a
permitted use in this district. The side and rear.yard setbacks
do not conform to the required 10 ft. side and 25 ft. rear
yard...."
Patricia Moore, Esq. appeared as attorney for the applicants and
submitted additional information for the record, together with the
new Affidavits of Posting and Mailing with post office receipts.
Both Donald and Edward Tonyes gave testimony regarding their
proposal. Sohn Romanelli (business owner and Councilman)
spoke in support of the application. After receiving extensive
testimony, motion was made by Chairman Goehringer, seconded
by Member Tortora, to close the hearing. This Resolution was
adopted by all the Members (5-0).
8:50 p.m. Member Horning was excused at this time in order to
visit the Tonyes site on the Main Road, Southold, and catch the
ferry back to Connecticut. Before leaving, Member Horning asked
if there would be any action regarding the next application
(Rosen), and received a negative response from Board Members.
PUBLIC HEARINGS, continued:
8:55 - 9:58 p.m. Appl. No. 4544 - MARTIN ROSEN. Location
of Property: 11780 Sound Avenue, Mattituck, NY; #1000-141-3-
44. Applicant is requesting an Interpretation regarding a
proposed tower structure in this LIO Light-Industrial-Office Zone
District, and/or Variances for a proposed tower structure under
Article XIV, Sections 100-165B, 100-142, 100-165B, 100-162C.3.
Charles Cuddy, Esq. appeared as attorney and confirmed his
submitted of the office use and accessory tower proposal, as
Page 9 of 10 - Minutes
August 13, 1998 Regular Meeting
Southold Town Board of Appeals
amended, in an application to the Building Department on July
13t". To date no ruling has been issued. Mr. Cuddy, Dr. Olshin
(Physics Expert) and Martin Rosen, the applicant, submitted
additional testimony in support of the application. In opposition
were Andrew Forkholb and Joan Robbins, resident from New
Suffolk. Member Collins indicated that additional Notice
regarding "whether or not this project falls under Article XVI" is
expected to be requested by the Board at the next meeting
(pending the applicant's request for a determination on the
amended principal (office) use and accessory radio tower. After
receiving extensive testimony, it was
RESOLVED, to recess this hearing without a new date (for
the reasons noted during the hearing).
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER,
DINIZIO, TORTORA, COLLINS. (Member Horning was absent at
this time.) This Resolution was adopted by all the members
present (4-0).
End of Hearings.
This public meeting continued as noted below:
10:15 - 11:00+- p.m. WORK SESSION-INFORMAL STRAW
OPINION POLL: Assigned members were requested to submit
their drafts to the Chairman as soon as possible, in order that they
may be addressed at the Special Meeting to be held (tentatively
set for August 24, 1998). The applications expected to receive
approval at the Board's next meeting are:
W. Krupski #4590 (informal poll)
W. Tufano #4595 (informal poll)
J. Dwyer #4587 (informal poll)
B. Caffrey #4596 (informal poll)
* * *
DELIBERATIONS/DECISION:
Page 10 of 10 - Minutes
August 13, 1998 Regular Meeting
Southold Town Board of Appeals
R. Sledjeski #4589 - Resolution was adopted confirming that
a Special Exception is not required in this LB Zone. (The attached
determination with Resolution is incorporated herein as though
written in its entirety.)
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting adjourned.
The meeting was adjourned at approximately 11:00 p.m.
Respectfully submitted,
Linda Kowalski
8/17/98
Attachments: Case Decisions (5)
Approved for Filing / /98
Gerard P. Goehringer, Chairman / /98
Page 10 of 10 - Minutes
August 13, 1998 Regular Meeting
Southold Town Board of Appeals
R. Sledjeski #4589 - Resolution was adopted confirming that
a Special Exception is not required in this LB Zone. (The attached
determination with Resolution is incorporated herein as though
written in its entirety.)
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting adjourned.
The meeting was adjourned at approximately 11:00 p.m.
Respectfully submitted,
Linda Kowalski
8/17/98
Attachmen ecisions-(
!!�?
pproved for Filing 9/dY/9
Gerard P. Goehringer, Chairmanty 98
-RECEIVED AND FILED BY
T IE SOUTIjOLD TOWN CLLRy-
DATE l�5 I%"0UR
6
Town Clerk, Town of Southold