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Home My WebLink AboutZBA-06/11/1998 APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman =� G�1 53095 Main Road James Dinizio,Jr. y P.O. Box 1179 Southold,New York 11971 Lydia A. Tortora 0 w L ZBA Fax(516)765-9064 Lora S. Collins George Horning 0,( �`� Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 6/17 Prepared M I N U T E S REGULAR MEETING THURSDAY, JUNE 11, 1998 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, JUNE 11, 1998 commencing at 5:45 p.m. in the Meeting Hall. 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 5:45 p.m. Gerard P. Goehringer, Chairman, called the meeting to order. * * I. PUBLIC HEARINGS. The following applications were advertised for public hearings as evidenced by the Affidavit of Publication from the Town's official newspaper, the L.I. Traveler. Notices were also forwarded to the Suffolk Times, Suffolk Life, Newsday, and distributed through the Town Clerk's Office, and Notice was posted on the Town Clerk's Bulletin Board during the week of newspaper publications. At this time, additional. Affidavits with proof of certified mailings, and those return receipt cards that have been Signed and returned to applicant as of today, together with applicants' Affidavits of Sign Postings, are. a part of the files. The Board proceeded with the following hearings: 5:50 - 6:03 p.m. Appl. #4547 - RIVERHEAD BUILDING SUPPLY CO. (Pursuant to May 19, 1998 Board Resolution) . Applicant is requesting Variances based upon the Building Inspector's January 2, 1998 Notice of Disapproval which reads as follows: 1) the proposed structure being located in an LIO District is permitted to have a maximum of 60 feet of frontage on one street. The proposed building is approximately 115 ft. facing APPEALS BOARD MEMBERS OFF04e �G Southold Town Hall Gerard P. Goehringer, Chairman coy�c 53095 Main Road James Dinizio,Jr. � P.O. Box 1179 Lydia A.Tortora O Southold, New York 11971 Lora S. Collins y O� ZBA Fax(516)765-9064 George Horning ��l �� Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Resol. to file MINUTES adopted 6/11/98 SPECIAL MEETING TUESDAY, MAY 19, 1998 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, MAY 19, 1998 commencing at 7:00 p.m. 7:00 p.m. Gerard P. Goehringer, Chairman called the meeting to order. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Member Lora S. Collins Linda Kowalski, Board Secretary Absent-excused: Member George Horning (CT travel). , A. DELIBERATIONS/DECISIONS (Agenda Item II): DELIBERATIONS/DECISIONS (carried over from prior meeting agenda of 5/14/98). The Board took action on the following applications; the originals as adopted and filed with the Town Clerk's Office are attached at the end of the Minutes: Appl. No. 4554 - D. LAVEGLIA. (Decision attached) t. Appl. No. 4565 - STEVEN ZUHOSKI. (Decision attached) Appl.. No. 4564 - BAYVIEW/SOUTH HARBOR, L.P. (Decision attached.) Appl. No. 4525 and 4526 - T. PETIKAS. (Decisions attached..) Page 2 - Minutes Regular Meeting - June 11, 1998 Southold Town Board of Appeals Rt. 25. Pursuant to Article XIII, Section 100-133C; 2) When fences are located in or along side and rear yards, they shall not exceed 6-1/2 feet in height, pursuant to 100-231B...." Location of Property: 74610 and 74500 Main Road, Greenport, NY; 1000-46-1-1 and 2.1, combined as a single lot. Speaking in behalf of the application were P. Moore, Esq. and Russell Goodale. (No other statements were submitted from the audience at this time.) RESOLUTION: After receiving testimony (see separate transcript), motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Horning, and Collins. This resolution was duly adopted (5-0). After the hearing was closed, P. Moore, Esq. indicated to the Board that they had to make a decision expeditiously because she felt the time was running out. The Chairman noted the time pending was 62 days from the close of tonight's hearing, not 62 days from the prior hearing. Mrs. Moore agreed she was mistaken. 6:04 p.m. RESOLUTION (AGENDA ITEM II): On motion . by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to declare the following Type II Actions under the State Environmental Quality Review Act: D. Segrete, F. Kropf, J. Frazzitta, N. Methvan, P. Chatpar, G. Gaston, W. Millis, C. Snyder, C. Fritscher, S. Putzi, E. Cielatka, A. Ratti. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Horning, and Collins. This resolution was duly adopted (5-0). AGENDA ITEM III: APPROVAL OF MINUTES RESOLUTION: On motion by Chairman Goehringer, seconded by Member Collins, it was RESOLVED, to approve the Minutes of the following Meetings Page 3 - Minutes Regular Meeting - June 11, 1998 Southold Town Board of Appeals for filing: May 19, 1998 May 14, 1998 Jan. 22, 1998 Jan. 15, 1998 Feb. 4, 1998 Feb. 26, 1998 Apr. 7, 1998. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0). (It was noted that minor corrections brought to his attention could be made, if submitted to him.) PUBLIC HEARINGS, continued: 6:05 - 6:22 p.m. Appl. No. 4568 - DOMINICK SEGRETE. This is a variance request under the Zoning Code, Article XXII, Section 100-239.4B, based upon the Building Inspector's April 9, 1998 Notice of. Disapproval, disapproving a building permit application for an inground pool and deck addition due to its proposed location within 75 feet from the bulkhead, concrete wall, rip-rap or similar structure, at 4000 Wunneweta Road, Nassau Point Club Properties, Cutchogue; 1000-111-14-22.1. Mr. Segrete, Architect-Applicant, spoke and submitted a letter from a neighbor in support. (There were no questions from the audience.) Following testimony, motion was made by Chairman Goehringer, seconded py Member Dinizio, and duly carried, to close (conclude) the hearing. 6:22 - 6:27 p.m. Appl. No. 4569 - FRANK KROPF. This is a variance request under Zoning Code Article III, Section 100-33, based upon the Building Inspector's April 8, 1998 Notice of Disapproval, disapproving a building permit application for an addition which will create a non-conformity in that the existing garage will not be located in the rear yard at 1820 Marlene Lane, Laurel; 1000-144-2-33. Mr. Kropf, the owner, appeared and spoke regarding his application. (There were no questions from the audience.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing. 6:27— 6:33 p.m. Appl. No. 4570 - JOSEPH FRAZZITTA. This is a variance request under Zoning Code Article XXIII, Section 100-239.4B for permission to construct deck addition Page 4 - Minutes Regular Meeting - June 11, 1998 Southold Town Board of Appeals with gazebo at a setback of less than 75 feet from the bulkhead at 1420 Inlet Way at Cedar Beach, Southold, NY; 1000-92-1-6. Joel Daly, contractor, appeared in behalf of the applicant. (There were no questions from the audience.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. 6:33 - 6:38 p.m. Appl. No. 4572 - NICHOLAS METHVAN. This is a variance request under Zoning Code Article XXIV, Section 100-244B, based upon the Building Inspector's April 16, 1998 and April 19, 1998 Notices of Disapproval, disapproving a building permit application for a deck and addition which will exceed the allowable lot coverage of 20% for this nonconforming lot. Location of Property: 1630 Theresa Drive, Mattituck, NY; 1000-115-14-3; also Lot 6, Deep Hole Creek Estates. Eileen and Nicholas Methvan both appeared in behalf of their application. (There were no questions from the audience.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing. 6:38 - 7:55 p.m. Appl. No. 4574 - PREM CHATPAR. This is a variance request under Zoning Code Article XXIII, Section 100-239.411 based upon a Building Inspector's March 10, 1998 and January 6, 1997 disapproving a building permit application for a proposed (two-story) addition to dwelling and proposed accessory garage location which are proposed within 75 feet of a bulkhead, concrete wall, or similar structure. Applicant's February 2, 1998 Affidavit states the proposed use of garage to be for "occupiable space" intended as a family -room, library/study with wet-bar facility. Another January 6, 1997 Notice of Disapproval regarding this site was issued disapproving a proposed guest annex in proposed accessory garage, Article III, Section 100-31B(13). Location of Property: 680 Midway Road, Southold, NY; 1000-90-2-9.1; Cedar Beach Park, Lot 111-112-part of 144 (as a single parcel). P. Moore, Esq. appeared with the applicant(s). Landowners from the immediate area appeared and spoke in opposition or with concerns to this project as outlined in a separate hearing transcript (prepared. separately and filed for reference as needed). 7:29 - 7:35 p.m. (during the Chatpar hearing), Member Tortora left the room and was temporarily absent from the meeting. Following testimony in the Chatpar hearing, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing, pending receipt of copies of laws that Mrs. Moore may have to support her position on the issues Page 5 - Minutes Regular Meeting - June 11, 1998 Southold Town Board of Appeals raised during the hearing. Mrs. Moore would be submitting a copy of a possible case law by June 22nd. 7:55 - 8:10 p.m. RESOLUTION FOR SHORT BREAK: On motion by Chairman Goehringer, seconded by Member Dinizio, and duly carried, it was RESOLVED, to take 'a short break. This Resolution was duly adopted (5-0). 8:10 p.m. RESOLUTION TO RECONVENE. On motion by Chairman Goehringer, seconded by Member Collins, and duly carried, it was RESOLVED, to RECONVENE the meeting at this time. This Resolution was duly adopted (5-0). 8:11 - 8:15 p.m. Appl. No. 4575 - FRANK GASTON. This is a variance request under Zoning Code Article XXIII, Section 100-239.4B, based upon a Building Inspector's August 20, 1997 .Notice of Disapproval (updated 5/7/98), disapproving a building permit application for a deck addition to dwelling with a setback at less than 75 feet from a bulkhead, concrete wall or similar structure at 1875 Bayview Avenue, Greenport; 1000-52-5-5. Sam Petrone Builder,. appeared in behalf of the applicants. (There were no statements from the audience.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. 8:15 - 8:26 p.m. Appl. No. 4571 - WALTER MILLIS. This is a variance request under Zoning Code Article IIIA, Section 100-30A.3, based upon the Building Inspector's April 14, 1998 Notice of Disapproval, disapproving a building permit application to remove existing shed and replace with accessory garage, which will exceed allowable lot coverage of 20% at 1800 (a/k/a 1875) Village Lane, Orient, NY; 1000-24-2-22. Mr. Millis appeared and spoke in behalf of his application. Mr. Millis explained to the Board reasons why two green signature cards were not returned (one neighbor was away in Alaska). The Board proceeded with the public hearing. After receiving testimony (see separate transcript), motion was made by Chairman Goehringer, seconded by Member Horning, and duly carried, to close the hearing, pending deliberations at a later time. 8:25 - 8:26 p.m. Appl. No. 4579 - EDWARD & AUDREY CIELATKA: This is a request for a Special Exception to establish Accessory Apartment Use in the principal building of the owner-applicants as provided under Article III, Section 100-31B-13 {formerly 100-31B-141 of the Zoning Code. Location of Property: 260 Cedar Summit Road, Southold, NY; 1000-78-9-29 (Bayside Terrace). The Chairman opened the hearing and asked if anyone was present who wished to be heard. (There was no Page 6 - Minutes Regular Meeting - June 11, 1998 Southold Town Board of Appeals response.) The Chairman confirmed that board members have visited the building, and the applicants will be consulting an engineer for evaluation of the "as built" construction relative to this accessory apartment. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS the hearing, without a date. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0). AMENDED RESOLUTION: Motion was made by Chairman .Goehringer, seconded by Member Horning, to amended to resolution AS FOLLOWS: RESOLVED, to RECESS the hearing to July 23, 1998. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0). 8:26 - 8:31 p.m. Appl. No. 4576 - CHARLES D. SNYDER. This is a variance request under Article IIIA, Section 100-30A.4, based upon the Building Inspector's May 8, 1998 Notice of Disapproval, disapproving a building permit application for an accessory garage due to its proposed location in an area other than the rear yard at 704 Wiggins Lane, Greenport; 1000-35-4-28.24 (formerly CTM Lot 19). Mr. Synder appeared and spoke in behalf of his application. (There were no statements from the audience.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly.carried, to close (conclude) the hearing. 8:31 - 8:35 p.m. Appl. No. 4577 - CARL AND LYNNE FRITSCHER. This is a variance request under Article based upon the Building Inspector's May 8, 1998 Notice of Disapproval, disapproving a building permit application for a new single-family dwelling with proposed front yard setbacks of less than 50 feet. Location of Property: 135 Pine Tree Court, and along Pine Court Extension (a/k/a Private Roads), Cutchogue, NY; 1000-98-1-7.15. Mr. and Mrs. Fritscher appeared in behalf of their application. (There were no statements from.the audience.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. 8:35 - 8:43 p.m. Appl. No. 4578 - STEPHEN and ANGELA PUTZI. This is a variance request under Article III-A, Section 100-30A.4, based upon the Building Inspector's April 28, Page 7 - Minutes Regular Meeting - June 11, 1998 Southold Town Board of Appeals 1998 Notice of Disapproval, disapproving a building permit application to construct addition to an existing accessory garage in a front yard location at 2575 (a/k/a 2500) Lighthouse Road and Soundview Avenue, Southold, NY; 1000-50-3-6. Mr. and Mrs. Putzi appeared in behalf of their application. (There were no statements from the audience.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing. 8:43 - 8:46 p.m. Appl. No. 4580 - ALBERT AND JANICE RATTI. This is a variance request under Article XXIV, Section 100-242 (100-244), based upon the Building Inspector's May 19, 1998 Notice of Disapproval, disapproving a building permit application to reconstruct dwelling which was damaged more than 50 o by fire, and proposed to be rebuilt with an insufficient front yard setback. Location of Property: 420 Lesters Road, Mattituck; 1000-114-7-8. (There were no statements .from the audience.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Horning, and duly carried, to close (conclude) the hearing. 8:46 - 9:42+- p.m. Appl. No. 4544 - MARTIN ROSEN. Location of Property (Owner: Booker): 11780 Sound Avenue, Mattituck, NY; County Parcel #1000-141-3-44. This is a request for Interpretation and/or Variances based upon the Building Inspector's February 18, 1998 Notice of Disapproval, disapproving a building permit application to construct a tower for telecommunications use, for the following reasons: 1) the proposed telecommunications tower being located on a non-conforming lot in an LI District is not permitted according to Section 100-165B; 2) the proposed tower being the principal use on the lot is required to have a rear yard setback of 70 feet pursuant to Art. XIV, 100-142; 3) the proposed tower is required to be located at least one-hundred (100) feet from the nearest dwelling unit pursuant to Article XVI, Section 100-162C.3. . . .11 C. Cuddy, Esq., Mr. Olshin, Mr. Rosen appeared and spoke at length in behalf of this application. Opposing statements with concerns were submitted from area residents. After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, to RECESS the hearing until July 23, 1998, pending receipt of written documentation from the building Inspector which regard to the proposed office use for applicant's trucking business as the principal use and radio tower as an accessory structure. (See written transcript of hearing prepared separately). This Resolution was duly adopted (5-0). End of Hearings. Page 8 - Minutes Regular Meeting - June 11, 1998 Southold Town Board of Appeals * * III. RESOLUTIONS/OTHER UPDATES, continued: B) Discussion regarding a possible .Board RESOLUTION to schedule hearing date on Possible Town-Wide Interpretation of Zoning Code Section 100-31C-1 pertaining to accessory uses customary and incidental to a principal dwelling use in the Residential Zone Districts, Section 100-31C-1. Board Members decided to prepare a list of items for possible code change. Member Collins said that she has been working on other items and offered to provide a list. The Chairman confirmed that the items should be addressed first through this Board, before to sending recommendations to the Code Committee. C) RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Dinizio, to authorize advertisement of the following new applications for public hearings to be held Thursday, July 23, 1998: #4581.jd - J. Lebkuecker. Height of retaining wall. #4582.1t - Yuzbasioglu/Schroeder. Interpretation for reversal of B.I. action. #4583.lc - B. Mellinger. Setback. #4585.1t - I. Erey. Deck setback. #4586.1c - L. McElroy. As built swimmingpool location. #4587.jd - J. Dwyer. Proposed addition. Existing foundation. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora; Horning, and Collins. This Resolution was duly adopted (5-0). AGENDA ITEM III-D. SPECIAL MEETING SCHEDULED: The Chairman confirmed that a SPECIAL MEETING of the Board is scheduled for Tuesday, June 23, 1998 at approximately 7:00 p.m. for the purpose of continuing tonight's agenda items and any other new business transactions properly coming before the Board at that time. AGENDA ITEM III-E: RESOLUTION: WHEREAS, Anne Marusevich filed a Special Exception application under assigned file #4584, and 1 WHEREAS, Mrs. Marusevich has requested, in writing, a refund and cancellation of her application #4584 for a special exception; Page 9 - Minutes Regular Meeting - June 11, 1998 Southold Town Board of Appeals NOW, THEREFORE, on Motion made by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to DECLARE Application #4584 officially void and WITHDRAWN as requested by applicant, and to recommend a full refund to Mrs. Anne Marusevich. (No steps other than pre-submission and actual filing for a possible Accessory Apartment project.) (A new submission and fee would be required for this project, if activated.) VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0). IV. DELIBERATIONS/DECISIONS: A. Carryovers for Decisions: 1. Pending Application of Mr. and Mrs. Pliaconis - lot coverage for all construction. Scott Salamander, Esq. was present with Mrs. Pliaconis and the Owners' Contractor Mark. Receipt was acknowledged of the certified lot calculations, in addition to uncertified calculations furnished by Mr. Salamander. The Chairman indicated that the certified calculations should be sent at this time to Abigail Wickham, Esq. in addition to the uncertified calculations. It was noted that a response was to be received within 5 days (from the bate of sending fax transmission to Ms. Wickham), if any. The chairman asked Mrs. Pliaconis comments because she appeared upset, and Mrs. Pliaconis explained the unfinished condition of the site and need for a decision. (Mrs. Pliaconis was upset with the delay to the Board's next meeting, June 23, 1998) . 2. 10:05 p.m. Information discussion regarding the pending Application of Robert Shank - lot coverage & setbacks (new info received 5/28) . Craig Arm, agent for the applicant, was present. Member Dinizio indicated that he expected to vote against the applicant's request of 48.64 o and wanted the applicant to know. Other Member(s) would be considering a vote for possible alternative relief, and discussions will continue on June 23, 1998. 3. Riverhead Building Supply Co. The assigned member, Member Tortora indicated she will be ready with reasons in the form of a draft to be voted upon at the next meeting, June 23, 1998. Member Dinizio said he will be voting in favor of the variance at the next meeting. Page 10 - Minutes Regular Meeting - June 11, 1998 Southold Town Board of Appeals The remaining agenda items will continue at the next meeting of the Board, presently,scheduled for June 23; 1998. There being no other business properly coming before the Board at this time, the chairman declared the meeting adjourned at approximately 10:10 p.m. Respectfully submitted, Linda Kowalski 6/17/98 Board Secretary Approved for Filing / /98 Gerard P. Goehringer, Chairman Cases Attached: (None) I /,,age 10 - Minutes Regular Meeting - June 11, 1998 Southold Town Board of Appeals The remaining agenda items will continue at the next meeting of the Board, presently scheduled for June 23, 1998. { There being no other business properly coming before the Board at this time, the chairman declared the meeting adjourned at approximately 10:10 p.m. Respectfully submitted, Sdaqowa;-lski 6/17/98 oar Secretary 'l Approved for Filing g /_7�4/98 Gerard P. Goehringer, Chairman Cases Attached: (None) RECEIVED AND FILED BY TIDE SOUTHOLD TOWN CLERK DA s �q OU-R 6 s� Town Clerk, Town of&UthoIa