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Home My WebLink AboutZBA-03/23/1998 APPEALS BOARD MEMBERS ��$UFFO(�C� �O G Southold Town Hall Gerard P. Goehringer, Chairman coc 53095 Main Road James Dinizio,Jr. o P.O. Box 1179 Lydia A.Tortora O Southold, New York 11971 Lora S. Collins ZBA Fax(516)765-9064 George Horning ®'( Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Resolution 5/14/98 M I N U T E S REGULAR MEETING MONDAY, MARCH 23, 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 MONDAY, MARCH 23, 1998, commencing at 6:35 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr. , Member Lydia A. Tortora, Member Member George Horning Member Lora S. Collins Linda Kowalski, Secretary 6:35 p.m. Gerard P. Goehringer, Chairman called the meeting to order. I. SEQRA: Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, it was RESOLVED, to declare Negative Declarations for the following: a) Unlisted actions on the following: T. Petikas Special Exception. b) Type II on the following Variances: R. Miller, A. Losquadro, C. Orlowski, G. Livanos, K. Stotsky, J. Worthington, T. Petikas. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Horning, and Collins. This resolution was duly ADOPTED. Page 3 - Minutes Regular Meeting of March 23, 1998 Southold Town Board of Appeals February 20, 1998 Notice of Disapproval for the proposed replacement of two windows with garage door of this building containing a nonconforming use, Article XXIV, Section 100-241A. 35315 Main Road, Cutchogue; 1000-97-1-14. Mr. C. Orlowski appeared in behalf of his application. (There were no objections entered into the record.) RESOLUTION: After receiving testimony, the following action of approval was taken: (Please. see Findings, Deliberations and Determination attached to this set of Minutes. ) 7:23 - 7:36 p.m. Member Tortora recused herself from the next hearing due to receipt of a recent letter in opposition from a Member of the Cpt. Kidd Estates' Property Owners' Association, of which she is President. 7:23 - 7:36 p.m. Appl. No. 4552 - GEORGE LIVANOS. This is a request for a Variance based upon the Building Inspector's Febru- ary 11, 1998 Notice of Disapproval, Article IIIA, Section 100-30A.4, for a reduction in a side yard setback' at a corner of a proposed accessory building (garage) located on a nonconforming lot of 7500+- sq. ft. in size. Zone: R-40 Zone District. Location of Property: 555 Sound Beach Drive, Mattituck; also known as Lot 17 on the Map of Cpt. Kidd Estates; 1000-99-1-23. Agent-contractor Clem Charnews appeared in behalf of the applicant. It was noted that two letters in. opposition were received and made a part of the file. RESOLUTION: After receiving testimony, Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to CLOSE the hearing, pending deliberations at a later time. This RESOLUTION was duly ADOPTED (5-0) . 7:36 p.m. Appl. No. 4068 - ELEANOR SIEVERNICH. This is a carryover hearing regarding a request for variance(s) in this pending division project (proposed two lots) , Article XXIII, Section 100-239 and Article III, Section 100-32, as to total lot size in this R-80 Zone District. Location of Property: 3200 Cox Neck Road, Mattituck; 1000-113-8-5 containing 163,997 sq. ft. Anthony Salvatore, as attorney, appeared with the applicant, Eleanor Sievernich and Wetlands Consultant, Bruce Anderson. Abigail Wickham, Esq. appeared in opposition, in behalf of Charles Sidorowicz, an adjoining property owner to the North. RESOLUTION: After receiving testimony, Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the oral portion of the record, and the applicant is requested to reduce the their testimony to writing and in a written brief for the Board by April 16, 1998, at which time the remaining (written) portion of the record will be declared concluded. This RESOLUTION was duly ADOPTED (5-0) . Page 4 - Minutes Regular Meeting of March 23, 1998 Southold Town Board of Appeals � x x 7:53 p.m. Appl. No. 4551 - KAYLA B. STOTSKY. This is a request for a variance based upon the building inspector's February 9, 1998 Notice of Disapproval, Article XXIII, SECTION 100-231-A. Applicant is proposing a fence at a height in excess of four feet along the front yard area (right-of-way/property line) at 335 Osprey Nest Road, Greenport; 1000-35-6-33; also known as Lot 46, Section I, Map of Cleaves Point. Gunther and Kayla Stotsky, the applicants appeared and spoke in behalf of their application. (No opposition was received in the record to date.) Also speaking in favor of the applicant was Ralph Brandonetti. RESOLUTION: After receiving testimony, Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to close the hearing, pending deliberations later. This Resolution was duly ADOPTED (5-0). 8:03 p.m. Appl. No. 4548 - JEFFREY WORTHINGTON. This is a request for a variance based upon the building inspector's January 20, 1998 Notice of Disapproval to construct an accessory building (garage) on the "as built" foundation, which is located in a side yard area, Article III-A, Section 100-33. Location of Property: 1025 Long Creek Drive, Southold; 1000-55-3-28; also known as Lot 12,. Map of Yennecott Park. Jeffrey Worthington appeared in behalf of his application. Mr. Donald Tuthill spoke regarding the covenants of record at the time he subdivided the property, and indicated the covenants do not restrict the location of a garage but does require a garage with a dwelling in this subdivision. RESOLUTION: After receiving testimony, Motion was made by Chairman Goehringer,. seconded by Member Horning, and duly carried, to close the hearing, pending deliberations at a later time. This RESOLUTION was duly ADOPTED (5-0) . 8:15 - 8:59 p.m. THEODORE and MARIA PETIKAS. This is a request for a two-family use at the corner of W/s Sound Road and N/s Main or North Road (C.R. 48), Greenport; 1000-35-1-8, which requires approval from the Board of Appeals for the following: a) Special Exception Application No. 4525 as provided by Article III-A, Section 100-30A.2 for a two-family use/occupancy; b) Variance Application No. 4526 as provided under Section 100-31A.3 for the reason that the substandard lot size of 21,483 sq. ft. does not conform to the requirements for a two-family dwelling use in this R-40 Zone District; i Page 5 - Minutes Regular Meeting of March 23, 1998 Southold Town Board of Appeals c) Variance application No. 4526 for permission to locate fence at a height above four feet within/along front yard areas based on the Building Inspector's February 10, 1998 Notice of Disapproval, Article XXIII, Section 100-231. P. Moore appeared with the applicants, Mr. and Mrs. Petikas. Opposing were Charles raynor, an adjoining property owner to the west, Annette Psoulos, and Mr. Psoulos, residents in the immediate area. Board Members asked Mrs. Moore to submit a memorandum which will explain why it is her position that additional land area is not required in the R-40 zone for a two-family dwelling use (with public water), and to consider reducing the affect of a portion of the fence for visibility purposes at a major intersection. Mrs. Moore agreed to a postponement to May 14, 1998 for the sake of her clients. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS the hearing for a continuation and submission of a written Memorandum, at the May 14, 1998 Regular Meeting. This RESOLUTION was duly ADOPTED (5-0) . 9:03 p.m. Appl. No. 4547 - RIVERHEAD BUILDING SUPPLY. This is a request for a variance 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 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. P. Moore and A. Smith appeared as attorney and counsel for the ' applicants. Also appearing were representatives of Riverhead Building Supply Co. (Jeff Bauer, Russell Goodale, Edgar Goodale, Donald Denis, Architect, etc.), Kim Dzenkowski, local contractor, in favor of the project. Appearing in opposition were Mr. Mazzone, Mr. Rutkowski, Mr. Corrazzini, Mr. Zito, Mr. Italia, etc. Board Member(s) discussed the possibility- of adding a 10-ft. additional buffer area in the front yard due to the substantial percentage of relief requested and other reasons (a 10-ft. buffer was noted as being agreeable as noted in Planning Board correspondence recently entered into the record) . Mrs. Moore was not receptive to an additional 10-ft. buffer and asked for time to consult with her clients. A May 14, 1998 Hearing continuation was requested by Mrs. Moore. (Please see written transcript of verbatim portion of record for names, actual dialogue and information.) RESOLUTION: After receiving testimony, Motion was made by Chairman Goehringer, seconded by Member Horning, and duly carried, to RECESS the hearing until May 14, 1998 for further information. This Resolution was duly ADOPTED (5-0). END OF HEARINGS. Page 6 - Minutes Regular Meeting of March 23, 1998 Southold Town Board of Appeals III. DELIBERATIONS/DECISIONS: A) APPLICATION OF MICHAEL RAND: Carryover from February 26 hearing calendar. Mr. Rand has requested a cancellation to withdraw his pending application- for an accessory building. The Board granted the applicant's request and CANCELLED the application, with the following action: (Please see attached single-page Resolution (filed with the Town Clerk's Office) . B) Hay Harbor Club (Special Exception) . No action taken. C) Hay Harbor Club (Variances). No action taken. D) Possible applications heard tonight. (To be continued at a Special Meeting, April 7, 1998, scheduled at 7 p.m.) . IV. RESOLUTION: A) On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to authorize and direct advertisement of the following applications for April 16, 1998: Appl. No. 4544.1t - H. ROSEN submitted 1/30/98 (Owner: Booker) Request for interpretation and if necessary, area variance for applicant's radio transmission tower based upon the building inspector's February 18, 1998 Notice of Disapproval. Zone District: LI. 1000-141-3-44. Additional information was submitted 3/18 for reviews. Carryover from 3/3: Appl. #4540 Spiro - attorney's letter received 3/18. Appl. No. 4539 - FRANK LICARI. Location of Property: Lot #30, Map of Cedar Beach Park, 485 Orchard Lane, Southold. This is a request for a Waiver under Article II, Section 100-26, based upon the Building Inspector's September 22, 1997 Notice of Disapproval which states: "...Under Article II, Section 100-25A, SCTM Lot #1000-89-2-7 and Lot 89-2-6 have merged since the nonconforming lots have been held in common .ownership at some time after July 1, 1983.. .under Section 100-25E, no building permit can be issued by the Town until this section has been complied with.. . . Page 7 - Minutes Regular Meeting of March 23, 1998 Southold Town Board of Appeals Appl. No. 4554 - D. LAVEGLIA. Location of Property: 3000 Soundview Road, Mattituck; Parcel 1000-94-2-3. This is a reWaost for a Variance based upon the following two Building Inspector's Notices of Disapproval' regarding an application for a permit to add deck and railing on an accessory building: (a) disapproved February 24, 1998 under Article III, Section 100-33A because ". . .accessory building will exceed maximum allowable height of 18 feet. . .," and (b) disapproved March 6, 1998 . under Article III, Section 100-33B.3 because ". . .accessory building on lots containing between 39,999-79,999 sq. ft. require such building be set back no less than 10 feet from any lot line. Staircase of 3 ft.+- will now be within 9+- feet of the rear lot line...." . Appl. No. 4556 - THOMAS KEAN. Location of Property: East End Road, Fishers Island, NY; County Parcel ID 1000-4-3-10. This is a request for a Variance based upon the Building Inspector's November 10, 1997 Notice of Disapproval, which states: ". . .application for a permit to 'construct addition to an existing non-conforming guest cottage is disapproved on the following grounds: An existing building with a non-conforming use shall not be enlarged, altered, extended, reconstructed, or restored. . .pursuant to Article XXIV, Section 100-241A. . . ." Appl. No. 4557 - DOROTHY THOET. Location of Property: 380 Peconic Bay Boulevard, Laurel, NY; County Parcel #1000-145-2-3. This is a request for an Interpretation under Article XXIV, Section 100-242A which reads as follows: "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. . . ." . Action is requested for an Interpretation to confirm that a variance is not required for the applicant's proposed reconstruction of the applicant's accessory structure. In the alternative, a variance is requested under Section 100-242B(1), based upon the Building Inspector's November 26, 1997 Notice of Disapproval due to the existing nonconforming setback. Appl. No. 4555 - DONALD H. McALLISTER. Location of Property: Private right-of-way off the north side of'East End Road, Fishers Island, NY; County Parcel #1000-4-4-1. This is a request for a Variance based upon the Building, Inspector's August 27, 1997 Notice of Disapproval, disapproving an application for a permit to alter an, existing cottage on the following grounds: ". . .In an R-120 - District, a non-conforming building with a non-conforming use shall not be enlarged, reconstructed or structurally altered unless the use Page 8 - Minutes Regular Meeting of March 23, 1998 Southold Town Board of Appeals of such building is changed to a conforming use, Article XXIV, Section 100-243A. . . ." Appl. No. 4558 - • JOSEPH BEDNOWSKI. Location of Property: 3060 Park Avenue, Mattituck, NY; County Parcel #k1000-123-8-19. This is a request for a Variance based upon the Building Inspector's February 27, 1998 Notice of Disapproval, disapproving ". . .an application for a permit to construct a rear .deck addition to an existing single-family dwelling . on the following grounds: ".. .under Article XXIII, Section 100-239.4B, proposed construction at 49+- feet will be within 75 feet of an existing bulkhead. . . ." Appl. No. 4559 - C. PLIACONIS. -Proposed swimmingpool which will exceed lot coverage. 345 Snug Harbor Road, Greenport; 35-6-7. Appl. No. 4560 - ROBERT AND ANN SHANK. Addition which will exceed lot coverage and reduce setbacks. 820 Fisherman's Beach Road, Cutchogue. 111-1-19.1. Appl. No. 4561 - MATTITUCK PRESBYTERIAN CHURCH. Expansion of nonconforming church use (addition). 141.4-32.1. HB Zone. Appl. No. 4562 - ROBERT KASSNER. 10 x 16' shed in a front yard location. 145 Teepee Trail, Southold. 87-2-32. Appl. No. 4563 - NANCY REEVE. Setback of "as built" foundation with insufficient front yard setback constructed under pending building permit). Location: 2055 Camp Mineola Road, Mattituck. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly ADOPTED (5-0). V. COMMUNICATIONS/UPDATE/REMINDERS: A. Code reviews: Section 100-242A and B. Request by Chairman for each member's input for drafting of ZBA letter and possible recommendations. B. Other new reviews - new mail or applications logged in assigned folder commencing with No. 4564 as of 3/20. APPEALS BOARD MEMBERS o�OS�FFO(��o � G Southold Town Hall Gerard P. Goehringer, Chairman cmyc 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 Telephone(51 6)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD RESOLUTION REGULAR MEETING OF MARCH 23, 1998 Appl. No. 4538 - MICHAEL RAND PROPERTY ID 1000-14-2-10 & 11 STREET & LOCALITY: 1275 Bight Road, Orient. PROPERTY FACTS/DESCRIPTION: The parcels above-identified are both located on the westerly side of Bight Road, Orient, and are shown as Lots 12 and 13 on the Major Subdivision Map of Petty's Bight. Lot 1000-14-2-10 consists of 43,560 square feet and is improved with a single-family dwelling. Vacant lot 1000-14-2-11 consists of 40,700 sf.. BASIS OF APPEAL: Building Inspector Actions of Disapproval dated (1) December 29, 1997 which states: ". . .under Article IIIA, Section 100-30A.4, accessory buildings are to be located in the required rear yard. . . and the proposed 3-car garage with storage above is now located in the side yard of. the principal dwelling. .. ," and 2) dated February 3, 1998 which reads as follows: ". . .under Article IIIA, Section 100-30A.4 accessory buildings cannot exceed 18 feet in height from existing grade. Height is measured at the mean distance between the eaves and the ridge. Proposed construction has. a mean height of 20 feet +- from existing grade. . . ." RESOLUTION/ACTION: WHEREAS, by letter dated March 10, 1998, the applicant, Michael Rand, has requested formal cancellation of his Appeal No. 4538, and withdraws his variance application for a proposed accessory building at this time; NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to confirm that Application No. 4538 is hereby cancelled and withdrawn. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, and HORNING. This Resolution was duly ADOPTED. It is noted that due to the steps, including preparation of .the- hearing transcript, no part of the application uld. be: refu GERARD P. GOEHRINGER, C AIRMAN Approved for Filing APPEALS BOARD MEMBERS �SUFFO��c Southold Town Hall Gerard P. Goehringer, Chairman o yj 53095 Main Road James Dinizio,.Jr. cc P.O. Box 1179 Lydia A.Tortora O Southold,New York 11971 Lora S.(Collins y?�0 a0� ZBA Fax(516)765-9064 George Horning 1 Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 23, 1998 Appl. No. 4553. - CHESTER ORLOWSKI - PARCEL .1000-97-1-14 STREET & LOCALITY: 35315 Main Road, Cutchogue DATE OF PUBLIC HEARING: March 23, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the northerly side of Main Road. (a/k/a NYS Route 25), Cutchogue, NY. This property contains an area of approximately 11,000 sq. ft. and is located in ' the Agricultural-Conservation Zone District. The survey dated March 5, 1998, prepared by Anthony W. Lewandowski, shows an existing one-story principal building with a front yard setback at 43 feet and at 11+- feet from the westerly side property line, at its closest points., The size of ' the principal building is shown on the town's assessment records to be 2302+ sq. ft. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated February 20, 1998, which reads as follows: ". . .Please take notice that your application dated February 3, 1998 for a permit to construct alteration to a commercial building . ..is disapproved on the following grounds: Under Article XXIV, Section 100-241 a building with a non-conforming use shall not be altered, or reconstructed. The nonconforming use is a commercial contractor's office in an A-C Zone. . . ." VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is replace existing two access windows with an access garage door, without expansion of the existing building or the use. It is noted that the Building Inspector is unable to issue a Certificate of Preexisting Occupancy due to minor safety corrections which are necessary, and the applicant/owner has agreed to follow-up with safety corrections. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the proposed alteration affects a small portion of the structure, specifically, the window area of the front wall,' and does not alter the size, intensity or use of the building in any manner. Page 2 - March 23, 1998 Meeting Appl. #4553: 1000-97-1-14 (C. Orlowski) Southold Town Board of Appeals (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the proposed removal of two windows and replacement with a 9 foot by 7 foot overhead door has been deemed an "alteration" requiring a variance by the Town Building Department. (3) The requested area variance is not substantial. It is minuscule. (4) The difficulty has been , self-created because the applicant is 79-years old and wants to have easier access to bring materials in and out of the building. (5). The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the applicant has been doing business in harmony with the neighborhood at this site for 43 years and a new overhead door will not impact anything. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Horning, it was RESOLVED, to GRANT the application, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING, ;Approved. COLLINS. This re lution was duly ADOPTED (5-0). r �RARD P. G�LgING , C RMAN for ***************************** AS400/ACTIONS.ALL/97-1-14 Page 9 - Minutes Regular Meeting of March 23, 1998 Southold Town Board of Appeals C. Carryover from 2/4: Appl. of BELL-ATLANTIC/NYNEX at Mattituck. Zone: LI. A Memorandum from the Attorneys was expected to be received 3/20, however, Attorney Matt Pachman called the. ZBA office and indicated they would not be able to provide the Memorandum or any time frame when it would be ready. Mr. Pachman is asking for a reserved hearing date of May 14, 1998 in anticipation of sending the Memorandum soon. SPECIAL MEETING CALENDARED: The Chairman opted for a Special Meeting to be held April 7, 1998 instead of April 2nd at 7:00 p.m. to continue agenda items, deliberations/decisions. on pending applications, and any other matter properly coming before the board at that time. The meeting adjourned at 10:52 p.m. Respectfully submitted, 4da Kowalski 3/27/98 Board Secretary :-Gerard P. Goe ringer Chairman S jP/ �F/98 Filed with Town Clerk on: 4/L IRIEC'' IVE -U1.,TD FILED' B"Z D� AS400/txt1k/minutes.98/min3.23 i Town Clork Town of\ 4he1a