HomeMy WebLinkAboutZBA-06/19/1997 APPEALS BOARD MEMBERS SVfFO(�
Southold Town Hall
Gerard P. Goehringer, Chairman hy` Gy 53095 Main Road
Serge Doyen o � P.O. Box 1179
James Dinizio,Jr. � Southold, New York 11971
xxxx Oy �� Fax(516) 765-1823
Lydia A.Tortora Ol �a0 Telephone(516)765-1809
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
M I N U T E S
REGULAR MEETING
THURSDAY, JUNE 19, 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, JUNE 19, 1997 commencing at 6:45 p.m.
Present were:
Gerard P. Goehringer, Chairman
Serge J. Doyen, Jr.
James Dinizio, Jr. , Member
Lydia A. Tortora, Member
Maureen C. Ostermann, Member
Linda Kowalski, ZBA Secretary
6:45 p.m. Chairman Goehringer called meeting to order.
AGENDA ITEM I. PUBLIC HEARINGS:
After introduction and reading of the applications for each public
hearing, testimony was received on the following. See written verbatim
transcripts prepared separately for reference as needed and permanent
recordkeeping.
6:45 p.m. (Carryover) Appl. No. 4475.JD - MARY FISCHETTI.
Request for a Variance under Article XXIV, Section 100-244B, based
upon the February 21, 1997 Action of Disapproval issued by the Building
Inspector for permission to locate an addition to existing dwelling which
will have a reduced side yard setback at less than the required 10 feet,
and less than the,required total of both side yards of 25 feet. Loca-
tion of Property: 3760 Minnehaha Boulevard, Southold; County Parcel
ID #1000-87-3-4. This parcel contains a total area of 9,874 sf.. R-40.
Joseph Fischetti appeared with his sister, Mary Fischetti. Speaking
against the application were Edward and Ann Licenski. (Please see
hearing information for statements made.) At the end of the hearing,
the following resolution was adopted:
On motion by Chairman Goehringer, seconded by Member
Ostermann, it was RESOLVED, to close (conclude) the hearing. Vote of
the Board: Ayes: All 5-0.
Page 2 - Minutes
Southold Town Board of Appeals
Regular Meeting of June 19, 1997
PUBLIC HEARING:
7:03 p.m. Appl. No. 4483.JD - ANDREAS VASSILIOU. Request for a
Variance under Article III-A, Section 100-30A.4 based upon the
March 21, 1997 Action of Disapproval issued by the Building Inspector
for permission to locate an accessory gazebo in a front yard area at
premises known as 580 Inlet Drive, Mattituck, NY; Parcel ID
#1000-106-2-1. Zone: R-40 Residential. (Please see hearing information
for statements made.) At the end of the hearing, the following
resolution was adopted:
On motion by Chairman Goehringer, seconded by Member Tortora, it
was RESOLVED, to close (conclude) the hearing. Vote of the Board:
Ayes: All 5-0.
PUBLIC HEARING:
7:08 p.m. Appl. No. 4482.GG - CHURCH OF GOD IN CHRIST. Request
for a Variance under Article XX, Section 100-205 based upon the April
30, 1997 Action of Disapproval issued by the Building Inspector for
permission to locate a new ground sign in excess of the size
requirements of the code. Location of Property: 15625 C.R. 48,
Cutchogue. Parcel #1000-101-1-10. Zone District: Agricultural-
Conservation. (Please see hearing information for statements made. )
At the end of the hearing, the following resolution was adopted:
On motion by Chairman Goehringer, seconded by Member
Ostermann, it was RESOLVED, to close (conclude) the hearing.
Vote of the Board: Ayes: All 5-0.
PUBLIC HEARINGS, continued:
7:22 p.m. Appl. No. 4488.LT - LAWRENCE AND JOSEPHINE
PEARLSTEIN. Request for a Variance under Article XXIV, Section
100-244B for permission to construct addition, a portion of which will
not meet the minimum required front setback at premises known as 2225
North Sea Drive, Southold;- County Parcel #1000-54-4-23. Zone: R-40
Residential. (Please see hearing information for statements made. ) At
the end of the hearing, the following resolution was adopted:
On motion by Chairman Goehringer, seconded by Member Tortora, it
was RESOLVED, to close (conclude) the hearing.
Vote of the Board: Ayes: All 5-0.
PUBLIC HEARINGS continued:
7:24 p.m. Appl. No. 4484.LT - PAULETTE SATUR MUELLER and
EBERHARD MUELLER. This application is based upon the April 28, 1997
Action of Disapproval by the Building Inspector. Variances are
Page 3 - Minutes
Southold Town Board of Appeals
Regular Meeting of June 19, 1997
requested under Article III, Section 100-33 for approval of the location
of a new dwelling to the rear of existing accessory buildings, leaving a
front yard location for the accessory buildings. Location of Property:
3705 Alvah's Lane, Cutchogue; 1000-101-2-24.5. A-C Zone. (Please see
hearing information for statements made. ) At the end of the hearing,
the following resolution was adopted:
On motion by Chairman Goehringer, seconded by Member Diniaio, it
was RESOLVED, to close (conclude) the hearing. Vote of the Board:
Ayes: All 5-0.
PUBLIC HEARINGS, continued:
7:28 p.m. Due to the extra time between hearings, the Chairman
proceeded to the Deliberations-Decision items on the Agenda, in the
MATTER OF THE APPLICATION OF B. ASNESS. (See attached decision,
the original of which has been filed in the Town Clerk's Office pursuant
to action of this Board at this time. )
7:35 p.m. PUBLIC HEARING, Postponement Requested by letter from
Mr. Warren Sambach for this next application: #4480.LT - NICKHART
REALTY. This application is based upon the September 18, 1996,
updated April 28, 1997 Action of Disapproval by the Building Inspector
which states: ". . . 1) Insufficient lot area and depth in an R-40 Zone.
A lot is required to have an area of 40,000 sq. ft. . . and depth of 115
feet Article III-A, Section 100-30A.3, 2) Insufficient front yard
setback for a non-conforming lot - Article XXIV, Section 100-244B . . . ."
53400 C.R. 48, Southold, NY. Parcel 1000-52-2-13. R-40 Zone. Lot
width at 150 ft. for each. Mrs. Gloria Praetz appeared and asked
several questions. Following discussion with Mrs. Praetz, motion was
made by Chairman Goehringer, seconded by Member Doyen, and duly
carried, to RECESS the public hearing for a continuation, to be held on
July 10, 1997. Vote of the Board: Ayes: All 5-0.
7:37 p.m. DELIBERATIONS/DECISION: Due to the extra time between
hearings, the Chairman proceeded to the Deliberations-Decision items on
the Agenda, in the MATTER OF THE APPLICATIONS OF:
Mary Fischetti
A. Vassilious
B. Pearlstein
E. Mueller
Church of God
B . Asness
(The above decisions are attached copied from originals which were filed
in the Town Clerk's Office pursuant to official Actions of this Board at
this time. )
Page 4 - Minutes
Southold Town Board of Appeals
Regular Meeting of June 19, 1997.
PUBLIC HEARINGS, continued:
7:58 p.m. Appl. No. 4487.JD - DONALD AND PATRICIA FEILER (Owner:
Homan Realty) . This is a request for a Special Exception under Article
VII for conversion of building from single-family to "business and
professional offices" as provided by Section 100-71B, subsection 2.
RO Zone. 11725 Main Road, Mattituck; Parcel 1000-141-4-40. (Please see
hearing information for statements made. ) At the end of the hearing,
the following resolution was adopted:
On motion by Chairman Goehringer, seconded by Member Dinizio, it
was RESOLVED, to close (conclude) the hearing. Vote of the Board:
Ayes: All 5-0.
PUBLIC HEARING:
8:02 p.m. Appl. No. 4469.GG - RAYMOND FEDYNAK. (Carryover) .
Requests for: (1) approval of Waiver under Section 100-26 for a single
nonconforming lot identified as 1000-123-5-15, which is vacant, or
(2) alternative relief under Article III-A, Section 100-30A.3 by
variance for approval of lot sizes, as originally created, which now
have insufficient lot area, depth and width in this R-40 Zone. Fay
Court, Mattituck. (Please see hearing information for statements
made. ) At the end of the hearing, the following resolution was adopted:
On motion by Chairman Goehringer, seconded by Member Dinizio, it
was RESOLVED, to RECESS this hearing for a continuation to be held on
July 24, 1997. Vote of the Board: Ayes: All 5-0. This resolution
was unanimously adopted.
PUBLIC HEARING:
8:20 p.m. Appl. No. 4489 - DOUGLAS W. McGAHAN (Owner: Evelyn
Fleet) . Applicant is requesting a Waiver under Article II, Section
100-26, for nonconforming lot identified as 1000-103-07-11, which adjoins
nonconforming lot 1000-103-07-12, under Article II, Section 100-26.
The lots in question were created by a deed dated 2/1/1923, and dated
10/26/1964; under Section 100-25 the lots in question are nonconforming
and have merged because they have been held in common ownership at
some time after July 1, 1983." Location of Property: Stillwater Avenue,
Cutchogue, NY; also shown as Lots 7 and 8 on the Map of Green Acres
filed in the Suffolk County Clerk's Office November 3, 1971. (Please see
hearing information for statements made.) At the end of the hearing,
the following resolution was adopted:
On motion by Chairman Goehringer, seconded by Member Dinizio, it
was RESOLVED, to CLOSE (CONCLUDED) the hearing. Vote of the
Board: Ayes: All 5-0. This resolution was unanimously adopted.
PUBLIC HEARINGS continued:
8:23 p.m. Appl. No. 4491.JD - LOUIS MOORE BACON. This is an
application requesting approval for modification, in part, of Variance
Project #4354 approved by the Board of Appeals on March 6, 1996.
Page 5 - Minutes
Southold Town Board of Appeals
Regular Meeting of June 19, 1997
Location of Property: Robins Island; Suffolk County District 1000,
Section 134, Block 3, Lot 5, of 434+- acres. The specific areas
requested for consideration are:
(1) AREA C FARM CENTER: Modification as follows:
(A) C.4 Agricultural/Maintenance Compound: Reduce size,,
scope and reassignment of sleeping quarters, and
location slightly to the east.
(B) C.5 Gamekeepers Barn: Add use for periodic sleeping
quarters of two staff employees (reassignment) .
(2) B.5 DUCK INN-COTTAGE: restore building and add use
of periodic sleeping quarters for one employee.
(3) B.1 LANE LODGE-HOUSE. Minor clarification for record
purposes to show height exists as three stories, not 2-1/2
stories as originally requested.
(Please see hearing information for statements made. ) At the end of the
hearing, the following resolution was adopted:
On motion by Chairman Goehringer, seconded by Member Dinizio, it
was RESOLVED, to CLOSE (CONCLUDE) the hearing. Vote of the
Board: Ayes: All 5-0. This resolution was unanimously adopted.
End of hearings.
DELIBERATIONS/DECISION: . Matter of D. McGahan. (See attached copy
of decision, the original of which has been filed with the Town Clerk's
Office pursuant to official action of this Board at this time.)
AGENDA ITEM II. SEQRA:
A. RESOLUTION: On motion by Member Tortora, seconded by
Chairman Goehringer, it was
RESOLVED, to confirm the following as listed on the agenda as
Type II: accessory uses, setbacks, lot-coverage, waivers for lots based
on original deed creating lines as exist: Vassiliou, Church of God,
Pearlstein, Mueller, Nickhart Realty, Fedynak, McGahan/Fleet, Louis
Moore Bacon (RI), Klein, Lettieri, Piriano.
VOTE OF THE BOARD: AYES: ALL. (5-0). This resolution was
unanimously adopted.
B. Agenda stated the following REVIEWS were pending regarding
other possible SEQRA Designations, Unlisted or Type I only:
1. Appl. #4446.GG: Bell-Atlantic/NYNEX located at Orient.
Page 6 - Minutes
Southold Town Board of Appeals
Regular Meeting of June 19, 1997
2. Appl. V#4485.MO and #SE4486.GG: Bell-Atlantic/NYNEX
located at Mattituck. Lead Agency/updates.
III. RESOLUTIONS/OTHER/WRITTEN CORRESPONDENCE:
A. Thank you letter to office personnel from Warren Brady was
acknowledged.
B. Thank you letter to member(s) and board secretary from Mr.
Khrimian was acknowledged..
C, D, E, F Agenda Items:
RESOLUTION: On motion by Chairman Goehringer, seconded by
Member Tortora, it was
RESOLVED, to Approve the Minutes of the following meetings:
May 1, 1997
June 5, 1997
March 19, 1997.
April 17, 1997.
VOTE OF THE BOARD: AYES: All (5-0) . This resolution was duly
adopted.
RESOLUTION: G & J Agenda Items: On motion by Chairman
Goehringer, seconded by Member Ostermann, it was
RESOLVED to authorize advertisement of the following matters for
public hearings to be held August 14, 1997, and continue reviews,
pending inspection, updates by Members for the following:
1. Appl. #4356.GG - MARTIN KOSMYNKA. Garage location
where staked. (Carryover reminder. )
2. #4068.JD: ELEANOR SIEVERNICH. Area variance for
proposed division off E/s Cox Neck Road, Mattituck.
3. #4485V.MO & JD: BELL-ATLANTIC/NYNEX at Mattituck.
VOTE OF THE BOARD: AYES: All (5-0) . This resolution was duly
adopted.
X Y X
Page 7 - Minutes
Southold Town Board of Appeals
Regular Meeting of June 19, 1997
Agenda Item H. RESOLUTION: On motion by Chairman
Goehringer, seconded by Member Dinizio, it was
RESOLVED, to hereby confirm inspections and authorize
advertisement of the following applications filed between 6/6 and 6/16
for public hearings to be held July 10, 1997 between 6:45 and 10 p.m.
1 . #4492.LT - WALTER KLEIN. Front yard location and lot
coverage: as built garage. Front setback: as built deck.
Corner of private ROW and Manhanset Ave, Greenport.
2. #4493.MO: ANDREW AND BERNICE LETTIERI by L. Liso.
Rear yard setback for new dwelling.
4. #4494.GG: ANTONIO PIRIANO. Part of house: front and
rear setback reductions. 3637 ROW/W/s Cox Neck Rd, Matt.
5. #FLV-16.JD - A. KHRIMIAN - flood law variance. Existing
dwelling footprint; building permit. C.R. 48, Greenport.
6. #4495.LT - A. KHRIMIAN - zoning variance. Existing
dwelling footprint; building permit. C.R. 48, Greenport.
7. #4480.LT: NICKHART REALTY. S/s C.R. 48, Southold.
Lot size variances in a pending two-lot division
VOTE OF THE BOARD: AYES: ALL (5-0) . This resolution was
unanimously adopted.
se $e xe
I-Agenda Item. RESOLUTION: On motion by Chairman Goehringer,
seconded by Member Dinizio, it was
RESOLVED, to authorize advertisement of the following matter for
public hearing, in addition to any authorized carryovers, to be held
July 24, 1997:
Appl. #4496.SD - JEAN N. CALHOUN. Pool at F.I.
VOTE OF THE BOARD: AYES: ALL (5-0) . This resolution was
unanimously adopted.
3G X X
Agenda Item K was a COMMITTEE reminder dates taken from town
meetings/daily calendar.
IV. POSSIBLE DELIBERATIONS/DECISIONS: The Chairman skipped to
Item #2 as a carryover item for possible discussion regarding
Bell/NYNEX, Orient application. See next page for resolution adopted,
the original of which has been filed with the Town Clerk's Office.
Also see decision adopted re : Homan Realty (Feiler) and B . Asness .
Ppge 8 - Minutes June 19 , 1Regular Mee g .of the ZBA
APPEALS BOARD MEMBERS , f,��,�
Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
Serge Doyen
P.O. Box 1179
James Dinizio,Jr. Southold, New York 11971
MR
� � V Fax (516) 765-1823
Lydia A.Tortora = Oj �� "' Telephone (516) 765-1809
_r
Maureen C. Ostermann cr
BOARD OF APPEALS
TOWN OF SOtiTHOLD
RESOLUTION ADOPTED JUNE 19, 1997
Re: Applications of Philips/Bell-Atlantic-NYNEX
1000-18-6-5 at Orient
WHEREAS, the verbatim portion of the public hearing(s) in the
Matter of Variance Application #4446 and Special Exception
Application =4447 regarding Philips/Bell-Atlantic-NYNEX, was last
held on April 24, 1997 with an extension for the purposes of
receiving written submissions to May 7, 1997; and
WHEREAS, on May 13, 1997 Local Law #7-1997 was adopted
enacting a temporary moratorium on the issuance of approvals and/or
permits for telecommunications towers, which was filed with the
Secretary of State on Monday, May 19, 1997; and
WHEREAS, the Members of the Board of Appeals have reviewed
the documents which have been made a part of the entire record; and
WHEREAS, a preliminary draft has been prepared with
background facts for possible consideration;
NOW, THEREFORE, on motion by Chairman Goehringer,
seconded by Member Tortora, it was
RESOLVED, that it is hereby CONFIRMED that due to the effect
of the Moratorium adopted May 13, 1997, Local Law 47-1997, under
Section 25 the Board of Appeals is prohibited from issuing any
approvals under its Special Exception or appellate jurisdiction
pertaining to any telecommunication tower for 120-day period.
VOTE OF THE BOARD: AYES: MEMBERS DOYEN, GOEHRINGER,
TORTORA, and OSTERMANN. NAY: MEMBER DINIZIO.
This resolution was cluly a pted (4:)
RECEIVED AND FILED BY �i�--
THE SOUTHOLD TOWN CLERK
DATE HOUR r GERARD P. GOEHRINGER, CHAIRMAN
�
,00�r�
RESOLUTION ADOPTED 6/19/97
er own of. S. Jtliold"
Board.97/towwer.res
Page 9 - Minutes June 19 �� �Z=Regu1ar Me, ng of the ZBA
APPEALS BOARD NtE�tScRS �5,�;"JL,1 0-'_ Southold Town Ball
i3095 stain Road
Gerard P. Goehrinaer. (:,airman 5.4v P.O. Box 1179
--
Sercre Doyen `� z Southold. New York 119 71
James Dinizio. Jr. `ij ;' Fax(516)765 32
3
4;0�. Telephone(5 16) 7 65-1809
Lydia A.Tortora
Maureen C. Ostermann
BOARD OF APPEALS
TOWS( OF SOL7HOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGLrLAR MEETING OF JUNE 19, 1997
Appl_ No, 4182 - CHURCH OF GOD IN CHRIST (Jefferson Temple)
PARCEL 1000-101-1-10
STREET & LOCALITY: 15625 C.R. AS, Cutchogue
DATE OF PUBLIC NEARING: June 19, 1997
FINDINGS (PROPERTY FACTS) : �,,: ,
DESCRIPTIOv This Property is located In an A-C :� caltur3lor
-
Conservation Zone District, being situate on the north suede is
;vith 115.10 ft. road f,•�ntage. This
County Road 8, Cutchogue, r ft. as depicted
lot contains a total area ofa dated ylav t21,ely �982o under this appiication
on the cope of survey map
and which map shows an =%'st oncrete block building and
separate one-story frame church building.
ASIS OF APPEAL' Building Inspector's Action of Disapproval. dated
B ground signis in excess of
April 30, 1997 for. the reason that new gT Sec*so 00-205.
the current size requirements of Article YX,
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To allow a
ten-ft. wide, o0 sq. ft. sign which will replace
five-ft: high by to be lighted and
the e�sting sign. The new sign is proposed ight feet
double-faced. The height above ground is proposed at e
from ground to the top of the sign.
REASONS FOR BOARD ACTION DESCRIBED BELOW:
The wasting sign for the church is presently a size exceeding 24
sq. ft. (dimensions are approx. �3"W Y 61"II) .
The nonconforming sign has e--dsted for many years-
The ranting of the area variance will not produce an
(1) The r net hborhood or a detriment to
undesirable change iin charac�er of
nearby properties because the nonconformity slot t Nhi h�Vwould be
similar to the nonconformity of the e:dsting gn,
removed.
The benefit sought by the applicant coot be achieved bv'some
(�) ursue, other than an area variance
method, feasible for applicant to p
because a smaller sign would not provide the visibility needed for
traveling palishioners-
Page 2 - June 19.
Appl. -=1482: 1000-101-1-10 (Church of God)
Southold Town Boar--I of Appeals
(3) The requested area variance is not substantial in relation to
the existing nonconformity.
(a) The proposed variance will not have an adverse effect or impact
on the phvsical or environmental conditions in the neighborhood or
district because this sign replaces the existing sign in design and
content;
(5) The situation has been self-created.
(6) This action is the minimum that the Board deems 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 Chairman Goehringer,
seconded by !Member Dinizio, it was
RESOLVED, to GRANT the relief as applied for and SUBJECT
TO THE FOLLOWING CONDITION:
The set back from .the front property line shall not be closer
than 20 feet.
VOTE OF THE BCARD: A' ES: MENIBERS DOYEN, GOEHRINGER,
and DINIZIO.
NAYS: YIENIBERS ORTORA and O _E—MA�iN. This resolution was
duly adopted (3-2) . %'
G ERA RD P. GOEHRINGER, CH-XRMAINT
RESOLUTION ADOPTED 6/19/27
Actions.97/101-1-10
pag6 10 - Minutes June 19 , 1997'.Regular MeE ig of the ZBA
APPE,kLS BOARD MEMBERS Southold Town Hall
�ti0 _4 "6`
;
,, :. �'095 Main Road
Gerard P. Goehringer. Chairman 1' P.O. Box 1 t 79
Serve Doyen cca z Southold.New York 11971
James Dinizio, Jr. p M Fax(5 16) 765-18?3
�- ' m ��I �y�T - Teleohone (516) 765-1809
Lydia A.Tortora Olt -
Maureen C. Ostermann `--
BOARD OF APPEALS
TOWN OF SOUTHOLD
r
FINDINGS, DELIBERATIONS AND G OF TERM 1AT ON
ADOPTED AT REGULAR 1VJEETIN
997
Appl. No. 4484 - EBER.HARD MUELLER
PARCEL 1000-101-2-24.5 Cutcho e
STREET & LOCALITY: 3705 Alvah's Lane, gu
DATE OF PUBLIC HEARING: dune 19, 1997
FINDINGS (PROPERTY FACTS):
DESCRIPTION: This property is located in an A-C Agricultural-
Conservation Zone District, being situate on the westerly side of
Alvah's Lane, Cutchog7.1e, with 262.88 ft. of road frontage. This lot
contains a total area of 80,000 sq. ft. as depicted on the Febru-
ary 27, 1997 survey trap and is improved with an existing dwelling
structure and five accessory buildings.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
April 28, 1997; Article III, Section 100-33.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT
For
ear of all
approvai of the location of a new a f lli g ont yard location for the
existing accessory buildings, leaving
accessory buildings.
REASONS FOR BOARD ACTION DESCRIBED BELOW:
(1) The granting of the area variance will not produce an
undesirable changre in character of nei hborhood or a detriment to
nearby properties because construction of a new single-family
residence in this location will be an improvement to the property and
neighborhood and at the same time preserve the historic value of the
accessory farm buildings.
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variancS
because the proposed house is situated in a manner to provide
maximum use of the remaining property for farming.
(3) The requested area variance is not substantial in relation to
the location of farm complexeds built prior to the.: enactment of
zoning
-.�.o�` �`1'it���.T`� ,�',1�� � 1�_�7y+�t� �3"'.^� ��� . '�G'Y'� TA•� f 21 t _ ` ..
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. .. .a'oa-4r��a. ., fs..f�i. 'P rs:"�^� :,.�z•eya _� . ? ?,- '" ... ._ae•#ei:�._
Page 2 - June 19, 1_._,-
Appl. 74484: 1000-101-2-24.5 (.Mueller)
Southold Town Board of Appeals
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because the variance request is minimal.
(5) The situation has not been self-created .because the cottage and
accessory structures were constructed prior to the enactment of
zoning.
(6) This action is the minimum that the Board deems 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
Chairman Goehringer, it was
RESOLVED, to GRANT the relies as applied, and SUBJECT TO THE
FOLLOWING CONDITION:
Upon completion of the new single-family residence and prior to
issuance of a Certificate of Occupancy for same, the esdsting cottage
shall be converted to an accessory structure. In no event shall the
cottage be considered a habitable living unit, nor shall. it be used
as such.
VOTE OF THE BOARD: AYES: MEMBERS DOYEN, DINIZIO,
TORTORA, OSTERVIANiv, and GOEHRINGER.
This resolution was unanimousl ed.
/RESOLUTION ADOPTED 6/, 9/97
GERARD P. GOEHRINGER//, CHAIRMAN
i
Actions.97/101-2-24.5
L { r J +e,r, ✓,+c yy3"' tSf'.
_-i'�• ba'w ✓f
Page 11 - Minutes June 19 , 1992- ReqOlar MeE, rig of the ZBA
\LS 5OARD ,,tEN[BE;6 SouLhoid Town Hall
09; Main Road
"erard P. Goehringer. C11air"an -Y P.O. Box 1179
N 25 11971
Serae Doven C4 z Southold. New York
7 pry �;
James Dini'zio- Jr. �A NA.-o I- Fax1 ) 765-1823
ell
Telephone '516) 765-1809
Lydia A.Tort0ra
Maureen C. Osterman', BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELI
BERATIONS AND DETE'_UdINATION
ADOPTED AT REGULAR MEETING OF TUJUKE19, 1997
Appl. No. 4433 - LAWRENCE PEARLSTEIN
PARCEL 1000-54-4-23 Southcld
M ,, North Sea Drive,
STREET & LOCALil ' : 2225
DATE OF PUBLIC HEARING: June 19, 1997
FINDINGS OF FACTS
L located in an R-40
This property
PROPERTY DESCRIPTION:
R Zone District, situate 10() et along North
. esi ential
��ow-De�nsity�� 7 ordinary hiio*h wa�ler mark cT-
00 ft. Irontacre along
Sea Drive, with I This lot contains a total area or '21 ,000 so .
the Long Island Sound. i.
ma shows an e.xisdng
single-family dwellingcne-story,
ft. The February 15,
1996 survey r) rth Sea Drive and set
set back 41 feet from No
back 20 feet at the southwesterly side property line.
BASIS OF APPEAL: Building inspector's Action of Disapproval dated
"Being a non-conforming- lot
May 22, 1991 , which reads as follows: "Being
construction does
of 21,000 sq. ft. in an R-4 the ose
0 Zone, prop
vard setback zoning of 40 feet, Article XXJV,
not meet the required front Board of Appeals."
e
Section 100-244B . Action r quired by
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate a
20 square foot portion of
of propose addition to
extend with, a
7 feet and rth40 Sea f eet Drive at its closest
yard setback at ^3
pro-Dosed front .
vfront property line along 1-No and the
points to the of 25 Re
et, all as shown on
remaining side yard setback at a minimum
prepared by Garrett Strang, .A. dated March
the site plan map pre.p
1997.
REASONS FOR. 'BOARD ACTION DESCRIBED BELOW:
(1 ) The _.-randin,g of the area variance will not produce an
3.na-e in character of neighborhood or a detrim- ent. to
undesirable change only a small portion of the proposed
nearby -properties becausesetback
d deck, 20 square feet, exceeds the 40 ft.
addition an
requirement-The benefit sought .
(2 by the applicant cannot be achieved by some
�
method, feasible for applicant to pursue, other than an area variance
because the applicant's house is on a somewhat diagonal line to the
street and the proposed addition.follows the. line of the house.
Page 2 - :June 19, iujl
Appl. 74488: 1000-54-4-23 (Pear!stein)
Southold Town Board of Anneals
(3) The requested area variance is not substantial representing
only a 12 percent reduction in the 40-foot required front yard
setback.
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because the variance request is minimal.
(5) The situation has not been self-created because -the applicant
has located the addition to comply with other agency regulations.
(6) This action is the minimum that the Board deems 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
Chairman Goehringer, it was
RESOLVED, to GRANT the relief as applied.
VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Dinizio,
Tortora, and Ostermann. This r-solution was adopted by unanimous
vote (5-0) .
i
GERA`RD P. GOEHRINGER, CMAIR1,U�N
j' RESOLUTION ADOPTED 6/1d/97
Actions.97/54-4-23
Page 12 - Minutes June 19 , 1-92q--ReSu1ar Meeting of the 2BA
APPEAL S BOARD YlEN1BERS �S'�Fr�En Southold Town Hall
5.095 tilain Road
Gerard P. Goehrinuer. Chairman P.O. Box 1179
Sere Doyen Southold, New York 11971
James Dinizio,Jr. y-
z, o � r:% Fax (516) 765-1823
Telephone(5 16) 765-1809
Lydia A.Tonora ., 'Ol xic �`a '✓
;Maureen C. Ostermann
BOARD OF APPEALS
TOWN, OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERIIINAT10N
ADOPTED AT REGULAR b1EETING OF JUNE 19, 1997
Appl. No. 4475 - NL�RY F ISC1?ETTI '
PARCEL 1000-87-3-4 Southold
STREET LOC ALITY: 3"G0 }iinn�ia9lia B01Q97araJune 19, 1997.
DATE OF PUBLIC HEARING(S, :
FINDINGS (PROPERTY FACTS) :
DESCRIPTIOiv: Tiis prorert�; is located in an R-�0 Residential Zone
District, being situate on the north side of li�onc- Co�Boulevard
,vith 85 .0 ft. ^oad frontage and ro.91 ft. :ronta7- alo.�� q. ft. and
(new channel) . This lot contains a total area of 9X s,-
is improved with aone-story frame house with attached garage and
porch, as depicted on a phOL survey map
°copY% of sketched
l dated
BASIS OF APPEAL: Building inspector'sundern of Article is YXIV,Ta Section
February 21, 1997, which states tha �, will have a -educed
100-244B , proposed addition to e:dsting dwelling
han the required 10 feet and less t:.an the
side yard setback at less t
required total of both side yards of 25 feet.
AREA VARIANCE RELIEF REQUESTED BY APPLI CAN reduced o tback
ate 11
ft. by 20 ft. addition at the easterly s.ae leaving
at nine (9) feet at its_ ..closetso3ftPO o t13 ft. (9 ft.. Total splusaeaist ng also
proposed to be reduced
3 ft. at the westerly side yard) .
REASONS ,FOR BOARD ACTION, DESCRIBED BELOW:
(A former side yard reduction by town variance approval is of
record. )
(1) The granting of the area variance will produce an undesirable
change in character of neighborhood or a detriment to nearby
properties because it is closing-in both side yards.
(2) The benefit sought by the applicant can be achieved by some
method, feasible for applicant .o Pursue, other than an area variance
because a smaller addition is Poss1gle, or building up (above the
e,-dsting footprint) .
(3) The requested area variance is substantial representing
apprv�imately 53% of the.code
requirements.
Page 2 - June 19, izj i
Appl. 744475 : 1000-8 7-3-4 (Fischetti)
Southold Town Board or Appeals
(4) The proposed variance will have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or
district because it would be filling up that piece of property
(width) .
(5) The situation has been self-created.
RESOLUTION/ACTION: On motion by Member Dinizio,_ seconded by
Member Osterman, it was
RESOLVED, to DENY the relief requested, *without prejudice.
VOTE OF THE BOARD: :AYES: Members Doven, Dinizio, Tortora,
Ostermann and Goehringer. (Member Goehringer noted that he
would be willing to give alternative relief.)
This resolution was adopted by unanimous vote (5-0) .
/ n
//GERARD P. GOEHRENGER, PliAIRiKAN
RESOL'uTION ADOPTED 6/J/97
*to apply for alternative relief.
%k�%Ic�fc.kyCXY,CXJ7C:C:�C%i-K.7�CYG.Jk.�,C7jC�C
Actions.97/87-3---'
Page 13 - Minutes June 19 , 1997 Regular Mee g of the ZBA
.._PPE,A,LS BO,�,RD NLEN(BERS Sou[hoid Town Hall
`
iJ ;309-� Nfain Road
verard P. Goe:ringer. Chairman
P.O. Box 1179
Ser-e Doyen
�-
Southold. New York 11971
James Dinizio. Jr.
_ Fax (5516) ;6--1823
INV� Telephone (5 16) 765-1809
Lvdia A.Tortora 1c
Maureen C. Os termann f
BOARD OF APPEALS
TOWN OF SOLTROLD
FINDINGS, DELIBERATIONS AND DE^.'rRMINATION
ADOPTED AT REGULAR )241171'LNG OF` J�l;`il:: 1g, 1997
Appl. T4489 - Douglas McGahan (Evelyn Fleet, Owner)
PARCEL: 1000-103-7-11 as one lot (1000-103-7-12 as remaining lot)
STREET & r OCALITY: Stillwater avenue, Cutchogue
DATE OF PUBLIC HEARING: 'June 19, 1997
FINDINGS OF FACT
PROP TY DESCRIPTION: Lots 1000-103--'1-11 and 103-7-12 are each
ft. and 39,932
vacant and consist of sizes at 39,956 sq. ft. ,
respectively. The frontages along Stillwater. Avenue are confoo rming
with 193 feet as to Lot T11, and 190 feet as to Lot T12.
gET,TFF RE9UESTID BY APPLICANT: Approval of Waiver under
Article II, Section 100-26 for a future single-family dwelling on lot
identified as 1000-103-7-11.
BASIS OF APPEAL: Building Inspector's Action or Disapproval dated
.Tune 2, 1997, which reads as follows: under Article II, Section
100-26, "under Article II, Section 100-24A(1) the lots in question
ed
SCTM T1000-103-7-1i and 1000-103-7-12 were created by deedotdaNas
2/1/1923 and, by later deed dated 10/26/1964. Each
conforming with the minimum lot requirements set forth in bulk
schedule AA as of the first date of Lot Creation. Under Section:-
100-25A, the lots in question are located in R-40 Low-Density
Residential Zone District, and today these lots are nonconforming in
total lot area. These lots have merged as they have been held in
common ownership since duly 1, 198'-"
REASONS FOR BOARD ACTION. DESCRIBED BELOW:
Each Lot No. 11 and Lot No. 12 is relative to the original lot lines
when it NaS confirmed by subdivision approval fr^m the Southold
-T 97
own Planning 3oard in i1, mown as "Big Green Acres." Clarence
Fleet, and later Evelyn Fleet, were the sale owners of each Lot T11
and rot 4`12 since 1923.
i.
The waiver will not resuit in a significant increase
density of the neighborhood.
Page 2 - Appl. No. :-4a9
Decision Rendered Wune 19, 1997
Re: 1000-103-i-11 and 12 (NIcGahan/Fleet)
2. The waiver will recognize a lot that is consistent with the
neighborhood.
3. The waiver will recognize the exterior dimensions of previously
created lot lines shown on the Map of Green Acres subdivision map.
The subdivision map was signed by the Planning Board June 23,
1972 and filed with the County Clerk on July 12, 1972.
4. The land will not require a change or alteration in contours or
slopes, or substantial filling of land.
RESOLUTION/ACTION: On motion by Member Ostermann, seconded
by Chairman Goehringer, it was
RESOLVED, to GRANT this requested Waiver, for the reasons noted
above.
VOTE OF THE BOARD: AYES: Members Doyen, Goehringer,
Dinizio, Tortora, and Ostermann.
Taus resolution was unanimously adopted�esolution Adopted o719/97
GERARD P. GOEHRINGER, C MAN
Actions.97/103-7-11&12
Page 14 - Minutes ZBA Regular_ Meeting of Ju 19 , 1997
BOARD MEMBERS jouLl,o!d To-' wr Hail
N[ain Road
Berard P. Goehrin;er.Chairman
P.C. Box 1179
Serve Doyen
�' z � Southold. New York 11971
James Dinizio. Jr. 'o ® My
Fax 6) 76--l8^3
(�1
> Telephone (5 16) 766-1809
Lydia A.Tortora
Maureen C. OSLermann
BOARD OF APPE ALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERI+IINATION
ADOPTED AT REGULAR MEETING OF JUNE 19, 1997
Appl. No. 4483 - A1+DREAS VASSILIOU
PARCEL 1000-106-2-1
STREET & LOCALITY' ;,BC inl et Drive, Vlattituck.
Cpt. Kidd ?states Lot 7--,'87
DATE OF PUBLIC HEARING: June 19, 1997.
FINDINGS (PROPERTY FACTS) :
DESCRIPTION: T'��is property is located in an R-s0 Low-Densitlr
being situate on
Residential Zone District, he west side of Lief
and south side of Summit Drive, Mattituclt. This lot c`n frame ins ahouse
area of 7.399=- sf and `.s improved with a one-stor
=,vith attached garage, porch, block and concrete patio areas, block
shed, accessory s:tizmmin9P001, ail fully e_:closed rvit a chalnliTL'K
fence around the perimeter of the property.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
March 21, 1997, which states. that under Article III-A, Section
100-30A.4, proposed gazebo is required to be located in the rear
yard (defined by the toning code) . This parcel is a corner lot with
frontage of approximately 275 feet along Inlet Drive and approxi-
mately 98 feet along Summit Road.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate
accessory gazebo 10 it. in diameter and at a height up to 10 feet in
the front yard area, between the e:dsting s:vimmingpooi and dwelling
set back at not less than utilities eight
gh(8')propo feet
from the westerly (rear)
property line. (L
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the area variance ;viii not produce an
undesirable change in character :f neighborhood or detriment a.o
he location �s near the required ar
nearby properties because
vard and is a structure utilized as an accessory to the residence.
(I.)) The benefit sought by the applicant cannot be achieved by,..� o
method, feasible for applicant to pursue, other than an area va- some
--nce
due to the variable topography and steps areas in the immediate rear
yard and areas near the house and pool.
(3) The requested area variance is not substantial.
Page 2 - June 19, 1'Szi-r
Appl. #4483: 1000-106-2-1 (V assiliou)
Southold Town Board of Appeals
(a) The proposed variance will not produce an adverse effect or
impact on the physical or environmental conditions in the neighbor-
hood or district because the gazebo location and the entire yard is
enclosed with a chain link fence and the gazebo is more than the
minimum setback for structures similarly located in a Irear yard-
under the code provisions of Section 100-33.
(5) The situation has not been self-created and is related to the
land and location of the dwelling during the early 1960's.
(6) This action is the minimum that the Board deems 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 Dinizio, seconded by
Member Tortora, it was
RESOLVED, to GRANT the relief as applied.
VOTE OF THE BOARD: AYES: !Members Doven, Goehringer, Dinizio,
Tortora, and Ostermann. T"1/ESsol on was cas - adopted
/GERA"' P. GOEHRINGER, CHAMMAv
RESOL".:TION ADOPTED June 19, 1997
xx�c:(c c cx$c:<rcx:$x;cx:<xx:<x#c
Actions.9 7/106-2-1
P8ge ,!15 - Minutes 3A Regular Meeting of JunE 9 , 1997
.!,PPE,-BLS BOA -RD MEMBERS
Southold Town Hall
Gerard P. Goehrir. er.Chairman �� ? 5"095 Main Road
Serge Doven =` P.O. Box 1179
James Diniiio. Jr. t 1 Southold, New York 11971
y,, • Fax (516) 765-1813
Lydia A.Tortora Telephone (516) '65-1809.
Maureen C. Ostermann - =r"
BOARD OF APPEALS
TOWN OF SOUTHOLD
F ENDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF DUNE=19, 1997
Appl. No. 4465 - BARRY and CAROL ASNESS
PARCEL 1000-105-2-2.1
STREET & LOCAL•ITY: 2879 Ruth Road E:ztension, Mattituck
DATES OF HEARINGS: April 24, 1997; May 7, 1997; May 19, 199".
FINDINGS (PROPERTY FACTS) :
DESCRIPTION: This orooertc is 'located in an R-30 Residential Zone
District, being situate on the Nest side of a priVate right-of-way
which extends north from the and of Ruth Road. This is a water-
front parcel which contains a total area or 2.148 acres as depicted
on the yIay 16, 1997 sur-%ey map, and is improved with a 1-1;12 story
frame house with attached decks and garage, and an accessory frame
garage located in the most southwesterly portion of the front yard
area.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
l�'larch 5 , 1997 issued on the following grounds: under Article
XXIIII, Section 100-239.sA(1) to locate swimmingpool with deck areas
within 100 ft. of the Long Island Sound bluff or bank.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate
swimmingpool with deck and step areas all as shown on the updated
May 16, 1997 map prepared by Tohn Metzger, Peconic Surveyors,
P.C. with setback variables at 65 ft. and 55 ft. from the ton bank
(near wood platform) at its closest points of new raised constriction.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the area variance will produce an undesirable
change in character of neighborhood or a detriment to nearby
properties. Testimony was received from area resients that the bluff
has a long history of severe erosion problems .hat remain unabated
and continue to uncier:nine the eage of this bluff. n addition, two
neighbors testified that an eroding bluff line had forced them to
move their homes landward. The applicant also acknowledged erosion
problems on the bluff. :n consideration of these factors. the
proposed construction would ::e contrary to the protective purpose
inherent in the 100-foot setback regulation.
(2) The benefit. sought by the applicant cm- n be achieved by some
method, feasible for applicant to pursue, other than an area variance
Page 2 - June 19, 1997
Appl. T4465 - 1000-105-2-2.1 (Asness)
Southold Town Bcard of -Appeals
because the rear card portion of the applicant's property is on a
steep slope and there appears to be no other relatively flat areas on
the property.
(3) The requested area variance is substantial representing a 35 to
45 percent reduction in the code required 100-foot setback from the
top of the bluff.
(4) The proposed variance may have an-adverse effect-or impact on
the physical or environmental conditions in the neighborhood or
district because of the potential risk of erosion to the bluff area
as well as manmade structures.
(5) The difficulty has been self-created because the 100-foot
setback requirement was in place long before the applicants
purchased their property.
RESOLUTION/ACTION: On motion by Member Tortora, seconded by
Member Din.izio, it was
RESOLVED, to DENY the relief requested.
VOTE OF THE BOARD: AYES: MEMBERS DOYEN, DNIZIO,
TORTORA, and OSTEILMANN. (CHAIRMAN GOEHRINGER
ABSTAINED.)
This resolution was adopted by a majo "ty plus one (4) .
JALMES DINIZIO, JR.
CHAIRMAN PRO TEM
Resolution Adopted 6/19/1997
Actions.97/1052-2.1
. - Page 16 - Minutes ine 19 , 1997 ZBA Regular P; ting
APPEALS BOARD MEMBERS S11F�Qj
Southold Town Hall
Gerard P. Goehringer,Chairman 53095 Main Road
P.O. Box 1179
Serge Doyen y
James Dinizio,Jr. y. Southold.New York 11971
Fax(516)765-1823
Lydia A.Tortora �Oj � �% Telephone(516)765-1809
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF JUNE 19, 1997
Appl. No. 4487-SE - DONALD AND PATRICIA FEILER ;
PARCEL ID: 1000-141-4-40 (Owner: Homan Realty)
STREET. & LOCALITY: 11725 Main Road, Mattituck
DATE OF PUBLIC HEARING: June 19, 1997
REQUEST MADE BY APPLICANT: This is a application made by
Contract Vendees for a Special Exception to establish primary
business offices in an existing two-story frame building which is
situated on a 14..400+- sq. ft. parcel of land, having a .frontage of
80.47 feet along the north side of Main Road, Mattituck.
PROPERTY DESCRIPTION):
DESCRIPTION: This property is located in a Residential-Office (RO)
Zone District and contains a total lot area of 14,270 sq. ft. The
April 6, 1985 survey submitted with this application shows two
buildings: (a) a two-story frame dwelling and (b) accessory- frame
garage. The northerly and easterly side lines show existing fences
(post and rail style; and stockade style) . A Certificate of
Occupancy for Nonconforming Premises (Pre-C.O. =Z13534) dated
June 18, 1985 was issued to George H. Gildersleeve, former owner.
BASIS OF APPLICATION (CODE PROVISION): Chapter 100
"Zoning," under Article VII, Section 100-71B(2) , which reads as
follows: "Uses permitted by Special Exception" upon receiving
approval of the Board of Appeals. for the following:
(2). Professional offices and business offices."
REASONS FOR BOARD ACTION DESCRIBED BELOW:
1) This use as requested is reasonable in relation to the District
in which it is located, adjacent use districts, and nearby and
adjacent uses because it is a neighborhood consisting of mixed
residential and commercial uses: business office, profess-Lonal
office, retail, and others;
2) The Special Exception use will not prevent the orderly and
reasonable use of adjacent . properties and there are. yard areas
available for parking, egress and ingress;
3) The primary occupancy for business offices will not prevent
Page 2 - June 19, 199'� -"
Appl. #4487: 1000-141-4-40 (Feiler)
Southold Town Board of Appeals
orderly and reasonable uses proposed or existing in adjacent use
districts;
4) No evidence has been submitted to show that the safety, health,
welfare, comfort, convenience, order of the town would be adversely
affected;
5) The enactment of the new Master Plan in January 1989, with
subsequent amendments thereto, confirm business office uses to be
authorized after full reviews;
6) No other adverse conditions were found after considering items
listed under Section 100-263 and 100-264 of the Zoning Code.
RESOLUTION/ACTION: On motion by Member Dinizio, seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT the application, as applied.
VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, DOYEN,
TORTORA, OSTERMANN, and GOEHRINGER.
This resolution was unanimously opt
GERARD P. GOEHRINGE , -CHAI N
RESOLUTION ADOPTED 6/19/97
Actions.97/141-4-40
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE HOURa 'ov
Town Clerk, Town of Sourcld
9
Page 17 - Minutes
Southold Town Board of Appeals
Regular Meeting of June 19, 1997
There being no other business properly coming before the Board at
this time, the Chairman declared the meeting adjourned at approximately
9:30 p.m.
Attached at the end of the resolutions within this. set of Minutes are
copies of the Board's Findings of Facts and Determinations deliberated
and rendered at this meeting, the originals of ,which were filed with the
Town Clerk's Office prior to the filing of the within Minutes: Fischetti,
Vassiliou, Church of God, Pearlstein, Mueller, Feiler, McGahan, Asness.
Respectfully submitted,
67
?LrCri 61�G2kC�`
Linda Kowalski 7� /�
Board Secretary
7
f-Berard P. Goeh ger, Chai an
Approved at Meeting of 8//fe/97
RECEIVED AND FILED BY
THE, SOUMOLD TOWN CLERK
DATE :OUR
�
.�,
Town Clerk, Town of Southold