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Home My WebLink AboutZBA-03/03/1998 SPEC APPEALS BOARD MEMBERS ��$SFFDIlr �O �G Southold Town Hall Gerard P. Goehringer, Chairman c y1 53095 Main Road James Dinizio,Jr. y Z P.O. Box 1179 Lydia A.Tortora O Southold,New York 11971 Lora S. Collins �?� O� ZBA Fax(516)765-9064 George Horning � �� Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD M_ I N U T E SPE SCIAL MEETING TUESDAY, MARCH 3, 1998 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, westerly conference-meeting room, 53095 Main Road, Southold, New York 11971, on TUESDAY, MARCH 3, 1998 commencing at 7:00 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA Absent were: Lydia A. Tortora, Member George Horning, Member 7:00 - 7:30 p.m. EXECUTIVE SESSION: Attorney-client privilege rules. The Board met with the Town Attorney, as requested for consultations. 7:30 p.m. SPECIAL MEETING: Chairman Goehringer called the meeting to order. DELIBERATIONS/RESOLUTIONS/DECISIONS: The board deliberated and adopted the findings and determinations as shown on the attached decisions. The attached are copies made from the originals which were filed with the Town Clerk's Office. Herbert Scannell and Sarah Reetz. Alice Kontokosta. Interpretation request from Building Department. Independent Group Home Living Program, Inc, y i Page 2 - Minutes Special. Meeting of March 3, 1998 Southold Town Board of Appeals. RESOLUTION: AGENDA ITEM II. A. MARCH 23, 1998 HEARINGS. On ' motion by Chairman Goehringer, seconded by Member Di iWo,At was. RESOLVED, to authorize advertisement of the following ten (10)' applications for public hearings to be held March 23, 1998: Appl. No. 4550.1t - RUTH MILLER_ This is a request:for 'a Variance based upon the Building In pector's Notice of :Iisapproval to locate a proposed dwelling addition with reduction in s deyards. Location of Property: 6400 Indian Neck Road, Peconic; County parcel 1.000- .Appl. No. 4549 - .CAROL ' and ANTHONY LOSQUADRO, JR and DONALD TUTHILL. Variance based upon two Notices of Disapproval for housing and corral location for up to two - horses. Location of Property owned by - Losquadro and Tuthill, 3125 Boisseau Avenue, Southold; ' 1000-55-5-12:2. Appl. No. 4547Jt - RIVERHEAD BUILDING SUPPLY Variances for width of new building/warehouse areas and fence height. Front Street, Greenport. Appl. No. 4551.1c - SAYLA B. STOT SKY.' Variance regarding proposed six ft. fence height. .Osprey Neck Road, Greenport. Appl. No. 4548.1c - JEFFFREY WORTHINGTON. Varian for garage location. 1025 Long Creek Drive, Southold. Appl. No. 4553.1t - CHET ORLOWS'KI. Variance for replacement of two windows with garage door regarding nonconforming. use based .upon Building Inspector's 2/20193 Notice of Disapproval 100-241-A. N/s Main Road, Catchogue. Appl. No. 4552.jd -- G. and MADEWHE 'LIVANOS.. Variance' for- proposed setback/portion :of garage area at 555 Sound Beach Drive,- Mattituck. Appl. No... 4068.jd - .ELEANOR SIEVERNICH. Carryover .for final hearing. . Variance. regarding proposed division at 3200 Cog Neek' Road, Mattituck. 1000-113-&.5 Appl. :No. '4562.1t and 4525-SE.jd - .THEODORE' PET IKAS.`. Variance under.. Article' III-A, Section 100-30A.3 (bulk schedule) as to..:lot area of i 2Y,4$3 .s'q:ft. in this R-40 Zone for a two-family occupancy, varia�ice under Article. .XI31TI, Section 100-231 based: .on February . 10; .19.98: Notice of Disapproval by the :building ,inspector. iegax�ding.proposed .fence.height.; and Special .- Exception : for a proposed two-fam y dwelling. Location . of Property: Corner of 69435 C.R: 48' and W/s Sound Road., Greenport. 1000-35=1-8. Page 3 -. Minutes Special-Meeting of March 3, 1998 Southold Town Board of Appeals VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, and COLLINS. (ABSENT WERE: MEMBERS TORTORA AND HORNING.) This RESOLUTION was duly ADOPTED (3-0). AGENDA ITEM II, Continued: B. Other ZBA New Applications Confirmed (Pending Inspections, reviews, etc.) and tentatively calendared for April 16, 1998 public hearings subject to receiving the information on or about 3/20: *Appl. No. 4544.1t - H. ROSEN (site owner: Booker). The Chairman indicated he recently visited the site. He was told by Mr. Rosen recently that he has a business in or near Oceanside and will be sending a copy of his FCC license and other requested information through his attorney. It was noted that a part of the principal building is to be removed, and the principal building would be used as a office area in relation to the tower project. *Appl. of Bell-Atlantic/NYNEX (site owner: Rehm). It was reported that Howard Pachman, Esq. contacted the ZBA office and indicated he would submit his memorandum by 3/20. Mr. Pachman is requesting an April 16, 1998 public hearing date. It was the consensus of the Board to wait until it received Mr. Pachman's memorandum by 3/20, and then discuss Mr. Pachman's request at the following meeting of March 23, 1998 (for a possible resolution). * * * AGENDA ITEM III. OTHER UPDATES/COMMUNICATIONS: Committee Sessions: Planning, Zoning, other. The last Code Committee Session, chaired by Councilwoman Hussie, was attended by Member Collins on 2/25/98 regarding business uses and discussions about convenience stores, gasoline stations, etc. The next Code .Committee session is scheduled for March 5, 1998 at . 4:30 p.m. regarding greenhouses. * * * AGENDA ITEM IV. DISCUSSION ITEMS: New procedures confirmed with board members by Building Department which now requires all agency approvals at first step of building permit process (before issuance of any building inspector Notices of Disapprovals or other written actions). Exceptions to the new procedure was noted for proposed lot line changes or new subdivision projects for nonconforming lots because there presently is no procedure in the code and hasn't been for many years; the Town Attorney indicated earlier that her office would review possible procedures for nonconforming lots in these situations for the town departments. Page 4 - Minutes Special Meeting of March 3, 1998 Southold Town Board of Appeals AGENDA ITEM V. NEW ZBA FILING PROCEDURES EFFECTIVE 2/26/98: The Chairman read and confirmed the following new ZBA filing procedures: a) Submissions by applicants must include current written Notice of Disapproval (before assigning board member or file number). Incomplete ZBA applications in future will also be returned to applicant; b) After assignment of Special Exceptions to Assigned Members, projects will now involve preliminary review by Assigned .Member and RESOLUTION confirming Sections of Code and type of area variance(s) to be included which may be necessary, before authorizing advertisement. AGENDA ITEM VI. 1. Assigned File #4542.1c (Walter Fink/Ken Swanson by Suffolk Environmental Consulting) has been incomplete since January 28, 1998, due to lack of a written Notice of Disapproval by the Building Inspector. However, based on the new policy of the Building Department, the application has been incomplete with their office; therefore, a Notice of Disapproval will not be issued until all other agency approvals are submitted for the proposed dwelling to the building department. The Board Secretary said Mr. Anderson called the ZBA office on Friday, February 27, 1998 and advised that he lost the project (the buyer was not interested in going through the extra expenses involved to obtain a notice of disapproval). A letter was drafted for return of the variance papers to Mr. Anderson. There was no objection or further discussion. 2. Assigned File #4526.1t - T. PETIKAS. The Board confirmed that the variances authorized for advertising were for the lot area and the fence height. The attorney for the applicant confirmed through the ZBA office that the setbacks would conform to the appropriate bulk schedule for a two-family use, if the special exception were to be granted. There was no objection to the wording as noted in the agenda, and adopted in the Resolution above at Agenda Item II-A. DELIBERATIONS: Re: Appl. No. 4538 - MICHAEL RAND. The Board decided to hold further deliberations and decision until a full Board was present (3/23). Agreement was not reached at this time. There were discussions about a possible denial, and then about possible conditions if Page 5 - Minutes Special Meeting of March 3, 1998 Southold Town Board of Appeals the location of the garage and height were approved. Discussions will continue at the March 23, 1998 meeting with the entire Board. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 9:20 p.m. Respectfully submitted, ` i'c� da Kowalski ` 3/5/98 Attachm ase cisio1APn proved for Filing Gerard P. Goehringer, Chairman5,/'/Y/98 _ T FILED CLsai==> DATE Town o� _outl-,old Town Clerk,