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Home My WebLink AboutZBA-02/06/1997 i APPEALS BOARD MEMBERS S�FFO(,�co �O G Southold Town Hall Gerard R Goehringer,Chairman y�c 53095 Main Road Serge Doyen y z P.O. Box 1179 James Dinizio,Jr. p T Southold, New York 11971 Robert A. Villa y�j�l �ap�� Fax(516) 765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD _M I N U T E S REGULAR MEETING THURSDAY, FEBRUARY 6, 1997 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, FEBRUARY 6, 1997: Present were: Gerard P. Goehringer, Chairman & Member Serge J. Doyen, Jr. , Member James Dinizio, Jr. , Member Robert A. Villa, Member Lydia A. Tortora, Member Patricia Conklin, Temp. Secretary Absent was: L. Kowalski (due to illness) 6:45 - 6:50 p.m. Work Session - brief review of agenda items. (No action or vote of any nature was taken.) I. PUBLIC HEARINGS: The Chairman read the legal notice and noted the 'basis of each of the following applications. The public hearings were held in the following order - please also see written Transcript of Hearings prepared under separate cover. 6:50 - 7:10 p.m. Appl. #4458 - North Shore Yacht Sales by MICHAEL HUGHES. This is a request for a special exception under Article X, Section 100-10111-12 for new and used boat sales use at 11500 Main Road, Mattituck, NY; Parcel #1000-122-3-6. Zone District: B Business. (Site Owner: Harvey Bagshaw). (Also see Planning Board comments received 2/6 which have been made a part of the written record.) Harvey Arnoff, Esq. appeared with the applicant, Michael Hughes. (See written transcript of hearing for all statements.) At the end of discussions, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to recess the hearing until a site plan map is submitted. Vote of the Board: Ayes: All. This resolution was unanimously adopted. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to schedule a Special Meeting of the Board for Tuesday, February 25, 1997. Ayes: All. This resolution was unanimously adopted. Page 2 - Minutes ana resolutions Regular Meeting of February 6, 1997 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 7:10 - 7:15 p.m. Appl. No. 4454 - SALVATORE and IRENE ARIOSTO. Based upon the 10/09/96 Action. of Disapproval by the Building Inspector under Article III, Section 100-33, applicant is requesting approval of storage building (as located) in the front yard area. Location of Property: 110 Selah Lane, Mattituck, NY; Parcel #1000-106-09-4.8. At the end of discussions at this hearing, motion was made by Chairman Goehringer, seconded by Member Villa, and duly carried, to close the hearing, reserving decision (carryover) until February 25th Special . Meeting). Vote of the Board: Ayes: All. This resolution was unanimously adopted. 7:15 - 7:25 p.m. Appl. No. 4457 - JAMES and DIANA MINOQUE. Based upon the 01/03/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting' to construct an addition to dwelling .which will exceed the required 20% lot coverage at this premises. Location of Property: 5650 New Suffolk Ave, Mattituck, NY; Parcel #1000-115-10-6. Donald Feiler, Architect, appeared in behal fof the applicants, and discussed the plans for the small addition, and discussing the Town Trustees' approval recently issued. (See verbatim transcript for actual statements made during the hearing.) At the end of the hearing, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to conclude the hearing, pending deliberations and decision at the February 25, 1997 Special Meeting. This resolution was unanimously adopted. 7:25 - 7:35 p.m. Appl. No. 4460 - LOIS T: ANDERSON. Based upon the 12/16/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting to construct a deck addition to dwelling which will be less than the required 75' from the existing bulkhead. Location of Property: 2515 Calves Neck Road, Southold; Parcel #1000-70-4-45.5. See written transcript for actual statements. At the end of the hearing, motion was made .by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to conclude the hearing, pending deliberations and decision at the 2/25/97 Special Meeting. Mr. Bruce Anderson of Suffolk Environmental Consulting appeared in behalf.of the applicant. (See written transcript for actual statements.) At the end of discussions, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to conclude the hearing, pending deliberations .(reserved decision). This resolution was unanimously adopted. 7:35 - 7:45 p.m. Appl. No. 4456 - FRANK and PATRICIA REILLY. Based upon the 01/06/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting to construct an addition to dwelling which will exceed Page 3 - Minutes and Resolutions Regular Meeting of February 6, 1997 Southold Town Board of Appeals the required 35' front yard for this residential premises. Location of Property: 25 East Side Ave., Mattituck, NY; Parcel #1000-99- 3-18. (See written transcript for actual statements.) At the end of discussions, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing and reserve decision. This resolution was unanimously adopted. 7:45 p.m. RESOLUTION GRANTING POSTPONEMENT WITHOUT A NEW DATE, pending receipt of a revised map from applicants, under Appl. No. 4410 - GARY SACKS and ALAN SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants request a Variance under Article XXIII, Section 100-239.4B for a proposed deck addition within 75 feet of bulkhead, at 125 Mesrobian Drive, Laurel; Parcel #1000-145-4-7. Motion was made by Chairman Goehringer, seconded by Member Villa, and duly carried, to postpone the hearing without a date, pending receipt of an alternative map from applicants. This resolution was unanimously adopted. (Note: This hearing will require re-advertisement and a new sign at the property before a final hearing may be held.) 7:45 - 8:00 p.m. Appl. No. 4448 - MARIA ANDRIOPOULOS. Based upon the 11/21/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a variance for the location of a portion of a proposed deck addition within 75 feet of an existing bulkhead at 1605 'Westview Drive, Mattituck; County Parcel #1000-107-7-9. (Also see attorney's letter for neighbor received 2/6/97 regarding outdoor storage limitations under Sec. 100-236). (See written transcript for actual statements..) On motion by Chairman Goehringer, seconded by Member Tortora, and duly carried, the hearing was declared closed pending deliberations and reserving decision until a later time. Ayes: All. This resolution was unanimously adopted. 8:00 - 8:40 p.m. Appl. No. 4452 - CHRISTINA RIVERA. Based upon the 1/14/97, Action of Disapproval by the Building Inspector under Article IIIA, Sedtion 100-30A.3, applicant is requesting a variance for permission to locate a portion of a proposed addition to dwelling for which a portion will be located at less than the required 40 ft. front yard setback from Inlet Drive, and a small portion of steps less than the required 40 ft. front yard from Sound Beach Drive. - Property Location: 250. Sound Beach Drive and Inlet Drive, Mattituck, NY; County Parcel #1000-99-1-16. Zone: R-40 Residential. This parcel consists of approx. 40,000 sf. in total area. The applicants appeared and spoke in behalf of their application. Opposition from the immediate neighbor was received - see written transcript for actual statements. At the end of discussions at the hearing, motion was made by Chairman Goehringer, seconded by Member Villa, and duly carried, to recess until the 2/25/97 Special Meeting, pending receipt of a new survey to be submitted by the 2/25/97 Special Meeting. Page 4 - Minutes ana resolutions Regular Meeting of February 6, 1997 Southold Town Board of Appeals This resolution was unanimously adopted. (On 2/25/97, the hearing record could be declared officially concluded). 8:40 - 8:44 p.m. Appl. No. 4451 - MARIAN JEAN PRAUS. Based upon the 12/06/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a variance for approval of steps and deck construction, as built, near existing bulkhead at 2175 Nassau Point Road, Cutchogue, NY; County Parcel #1000-104-13-12. On motion by Chairman Goehringer, seconded by Member Dinizio, and duly. carried, it was RESOLVED, to conclude the hearing, pending deliberations and decision at the 2/25/97 Special Meeting. This resolution was unanimously adopted. 8:45 - 9:10 p.m. Appl. No. 4453 - EDWARD AND EVELYN HALPERT. Based upon the 11/18/96 Action of Disapproval by the Building. Inspector, applicants are requesting a Variance under Article XXIV, Section 100-241-A&C, and Section 100-243A, for the proposed alteration and second floor addition (expansion) of a nonconforming building which has contained a nonconforming (preexisting) living unit, separate and accessory, to the main dwelling, at 2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31. Zone: R-40 Residential. Property size: 1.45+- acres. Mr. Robert Brown, Architect appeared in behalf of the applicants. (See written transcript for actual statements.) At the end of discussions, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to recess this hearing without a specified date, for a possible alternative plan as discussed. This resolution was unanimously adopted. 9:10 - 9:25 p.m. Appl. No. 4455 - JOHN and CATHLEEN HARRISON. This is request for a waiver under Section 100-26, based upon the 11/14/96 Action of Disapproval by the Building Inspector. The Building Inspector has determined a merger under Article II, Section 100-24A because they have been held in common ownership at sometime after July 1, 1983. Property Location: 1225 & 1227 Pine Neck Road, Southold; Parcel #1000-70-5-36 & 37. Zone: R-40. Size of lot when created less than 20,000 sf.. (See written transcript of hearing for actual statements.) At the end of discussions at the hearing, motion was made by Chairman Goehringer, seconded by Member Dinizio, and .duly carried, the hearing was declared closed, pending deliberations and decision at the 2/25/97 special meeting. This resolution was unanimously adopted. 9:25 - 9:40 p.m. Appl. No. 4401 - DAVID DEFRIEST, as Tenant. Carryover hearing, continued from 11/14/96, and from 12/12 per applicant's request. Use variance is requested for a car rental business- concerning property located at 73625 Main Road, Greenport, NY; County Parcel No. 1000-45-3-2. Zone District: LB Limited Business for the entire parcel. (Also see Planning Board Page 5 - Minutes ana iLf esolutions Regular Meeting of February 6, 1997 Southold Town Board of Appeals memo with comments regarding site plan layout received 2/6/97 made a part of the written record.) At the end of hearing all comments, motion was made to recess, until the February 25, 1997 Special Meeting (awaiting inspection by the Town Trustees, and other). (The hearing and record could be declared officially sealed on 2/25/97, or later as deemed appropriate by the board members.) End of hearings. RESOLUTION CONFIRMING TYPE II ACTIONS UNDER SEQRA The following are confirmed to be on the State's list of Type II project actions, applicable to each of the following (Type II does not involve other steps under SEQRA): ARIOSTO (shed), MINOQUE (addition), ANDERSON (addition), REILLY (addition), ANDRIO- POULOS (deck), RIVERA (front yard addition), PRAUS (steps and deck), , HARRISON (waiver). Member Tortora requested that the HALPERT proposal for an expansion of a nonconforming building, be considered at a later date once it has been determined as to the type of variance (use variance or area variance). III. Request/letter (Carryover from 1/16/97 agenda items)from Jody Adams for rehearing Re: Barbara Adams, and general questions regarding the Tonyes decision rendered several months ago. This request for a rehearing was given more than 30 days after the decision was filed, and there .was a question of proper standing. It was agreed to send the memo to the Town Attorney for a proper response. IV. Request by letter from T. Walker, Kid N'Round requesting use of former Special Exception for reoccupancy of building with Special Exception #3956 approved in 7/25/1990 for recreational use (formerly. pool and related recreation, now to be recreational activities for young children). S/s County Road (near McCarthy Real Estate Shopping Center), Southold, 1000-55-5-7. B Gen. Bus. Zone. The Board Members did not recommend use of the billiard parlor special exception due to the limited time periods and other conditions noted in that decision. It was recommended that an application be filed for the new use instead and the Board Secretary was asked to follow-up with Mrs. Walker in this regard. V. RE: GIANNARIS/HELLENIC CABINS. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Tortora, deeming this file incomplete for the following reasons (1) await additional information (engineer's report) regarding the percentage of reconstruction and existing condition of each unit, proposed Page 6 - Minutes anu n.esolutions Regular Meeting of February 6, 1997 Southold Town Board of Appeals sewage and water usage, time periods of usage - presently seasonal; (2) await information regarding proposed water usage and sewage for the requested reconstruction and enlargement; (3) await six full sets of floor plans and site plan maps showing existing use of all rooms, all buildings, and proposed future rooms and layout of new buildings; 4) to request other additional. information deemed necessary at this time by board members (traffic, etc); 5) also confirm ZBA to be an involved agency under SEQRA coordation by PB, when applications are filed with all agencies. VI. RESOLUTION: On motion made by Member Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to amend the minutes record to show that the . following application shall be advertised and held for continued public hearing on Tuesday, March 19, 1997 (6:45 p.m.): Appl. #4446SE and 4446V - NYNEX-BELL ATLANTIC, as a continuation for new information and comments, and possible amendment to the application by the applicant's attorney concerning appropriate land size, etc. AYES: All: This resolution was unanimously adopted. VII. RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to_ amend the ZBA Minutes and record to show that the following applications shall be advertised and held for public hearings to be held at the Southold Town Hall, Meeting Room (a/k/a Justice Court Hearings Room), THURSDAY, MARCH 13, 1997: a) Appl. #4459 - ANTONE AND LUCY STRAUSSNER. Waiver request for two undersized lots (based on Nov. 15, 1996 Action of Disapproval by Building Inspector due to lot merger after 1983). Lots created by deed were conforming as of date of creation per Building Inspector's notations. 335 Main St. and 1045 Wilmarth Avenue, Greenport. R-40 Zone. 34-1-16 as one lot, 41-1-10 & 11 as the other lot. b) Appl: #4462 - VIVIEN and PETER SOO. Frontyard setback for proposed new dwelling. 265 Cedar Point Drive East, Southold. Required front yard: to be determined based on those established within 300 feet, same block, same side of street. Also, . Bulk Schedules denotes min. 35 ft. front and rear, 10 and 15 sides, for lot size of 15,576 sf. 1000-90-3-9. (Setback from water determined by Town Trustees and NYS DEC.) Page 7 - Minutes anit xLesolutions Regular Meeting of February 6, 1997 Southold Town Board of Appeals c) Reopening of hearing regarding LILCO SE and Var. for new compressor station at S/s Main Road, Mattituck. B Zone. AYES: All. This resolution was duly adopted. There being no other business properly coming before the board on the agenda at this time, the meeting was declared concluded by the Chairman. The meeting adjourned at approximately 9:35 p.m. Respectfully submitted, ��lzo �� da Kowalski, Board Secretary Prepared 2/14/97 Agenda Resolution Item for 2/25/97 Gerard P. oehringer, hairman Approved 2/25/97 AN D j 1'l OLD T r`yr,i 1. 3-020-47 4 li4UR Owil +'LC'y"yf't" Or7 C';