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Home My WebLink AboutZBA-04/05/2001 Office Location: ��0� so yo Mailing:Address: lO Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 • �OQ Southold,NY 11971-0959 C4UNTY,� http://southoldtown.northfork,net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 MINUTES REGULAR MEETING THURSDAY, APRIL 5, 2001 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday,April 5, 2001 commencing at 6:30 P.M. Present were: Gerard P. Goehringer, Chairman/Member James Dinizio Jr., Member Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member (6:30 p.m.—8:16 p.m.) Linda Kowalski, ZBA Confidential Secretary 6:32 P.M. Chairman Goehringer called the meeting to order with the Pledge of Allegiance. The Board proceeded with the first item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Collins, to declare the following Declarations: Tyne II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: Determination of Unlisted Action Categories with Negative Declaration(no .Adverse Effect on the Environment): ,Appl. No. 4934—PAUL CORAZZINI Appl. No. 4928—MICHAEL COLAVITO 'Appl. No. 4932—RICHARD M. HOKANSON Type II Categories under SEORA Statewide List: 'Appl. No. 4946—LEONARD TIRADO Page 2—Minutes Regular Meeting held April 5, 2001 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: Carrvover hearing from March 15, 2001: 6:33 p.m. Appl. No. 4913—LEONARDO TIRADO (Carryover hearing regarding pool location). Appl. No. 4946 — LEONARDO TIRADO. Mr. Tirado, present; Richard Weiss, M. Zurno, opposition. This is a request for a Variance under Article XXIII, Section 100-231A based on the Building Department's Amendment to a September 25, 2000 Notice of Disapproval for a fence greater than four feet in height when located in the front yard, for enclosure of a pool area at 3850 Nassau Point Road, Cutchogue; 111- 8-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under„separate cover.) After receiving testimony, motion was offered by Chairman Goehrnger, seconded by Member Dinizio, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Carryover hearings from February 28, 2001: 6:58 p'ii.Appl. No. 4906—R. V. LYNCH. JR.—Pool in side yard and proposed addition to dwelling with side yard at less than 20 feet, Fishers Island; 6-2-9 and 15. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.)"., After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to recess the hearing to May 31, 2001. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 6:58 p,.m. Appl. No. 4900 — MARTIN TAESCHLER. Mrs. Taeschler appeared. Proposed location of accessory storage building; 985 Boisseau Ave., Southold; 63-2-27. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horning, to close the hearing, reserving decision. Vote of+the Board: Ayes: All. This Resolution was duly adopted (5-0). .y 7:03 p:m. Appl: No. 4921 —DORIS ANDERSON (owner) and JOHN HURTADO. Mr. Hurtado, A. Tohill, opposition. .Applicants request variances under Article XXIII, Sectioii`1 100-239.4A.1, based on the Building Department's December 20, 2000 Notice of Disapproval. Applicants propose a new dwelling with setbacks at less than 100 feet from tlie top of the bluff, less than 30 feet for combined side yard setbacks, and less than 4b feet from the property line. Location of Property: 3400 Lighthouse Road, Southdl'`d; 1000-50-2-2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered"by Chairman Goehringer, seconded by Member Collins, to recess the hearing to April Ib, 2001, at 7:45 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:18 p'ilii. Appl. No. 4918 — WILLIAM ACKERMAN. Request for a Variance under ArticleVIII, Section 100-32 to construct a new second dwelling as a principal building, replacing an existing dwelling. Also requested is a variance for a height of the new dwelling above the code limitation of 35 feet in height, and/or 2 % stories. Middle Road, Cutchogue; 108-3-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was li; r- Page 3—Minutes Regular Meeting held April 5, 2001 Southold Town Zoning Board of Appeals offered,by Chairman Goehringer, seconded by Member Collins, to recess the hearing without a date. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 7:22 p m. Appl. No. 4922-LEO AND VIRGINIA ALESSI by Amy Martin. Applicants request a variance under Article III, Section 100-33-C, based on the Building Department's December 28, 2000 Notice of Disapproval. Applicants propose to locate an accessory garage at less than 50 feet from the front property line, at 1700 Cedar Point ':Drive East, Southold; 1000-92-1-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to close,the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:28 p'lXn. Appl. No. 4925 — EDWARD DART, TRUSTEE. Applicant requests a variance under Article III, Section 100-33, based on the Building Department's December 26, 2000 Notice of Disapproval regarding a proposed dwelling location, which;;location places the existing accessory (barn) building in a front yard area. Location of Property: East Side of Main Bayview Road and Willow Pond Lane, Southold; 1000-78-1-10.23. BOARD RESOLUTION: (Please see transcript of written stateiiMnts prepared under separate cover.) After receiving testimony, motion was offered.,by Chairman Goehringer, seconded by Member Collins, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). rt t:z 7:32 p,!hi. Appl. No. 4924 — JOHN M. and MAUREEN JOHN. Jim Fitzgerald, Mr. Epidet�. Applicants request a Waiver under Article II, Section 100-26, to unmerge lots, balled on the Building Department's November 30, 2000 Notice of Disapproval. The reasons for the disapproval is that Lot Numbers 20 and 22.2 have merged under Article'•II, Section 100-25A and the subject lots have been held in common ownership during''°any period of time after July 1, 1983. Location of Property: Corner of Rhoda Road and Ruth Road, Mattituck; 106-5-20 and 22.2; also shown as Lots 176 and 177 on the Map of Captain Kidd Estates. BOARD RESOLUTION: (Please see transcript of writter�.statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to recess the hearing-to April 19, 2001, at 7:45 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:51 Piro. Appl. No. 4926 — JON KERBS. Christine Bayes, opposition. Applicant request's Variances based on the Building Department's March 5, 2001 Amended Notice'of Disapproval: (a) under Article XV, Section 100-151, and Bulk Schedule of the Zoning'�Ordinance, for the reason that this lot ,does not meet the current lot size requirements for this R-80 Residential Zone District; this lot contains less than 80,000 sq. ft. in area, 175 ft. lot width, and 250 ft. of lot depth; and (b) under Article XXIV, Sectioif.100-24413, for the reason the setbacks of the existing trailer and garage do not meet the side yard code requirements for lots containing 7,500 sq. ft. Location of Property: 60105 Main Road, Southold; Parcel 1000-56-3-11, deeded April 23, 1958. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horning, to close the hearing, reserving decision. Vote of`the Board: Ayes: All. This Resolution was duly adopted (5-0). U Page 4—Minutes Regular Meeting'held April 5, 2001 Southold Town Zoning Board of Appeals s 8:06 p;m. Appl. No. 4928 — MICHAEL COLAVITO. No appearance. Re-calendared and to:be re-noticed for May 31, 2001. Applicant requests a Variance under Article III, Section. 100-32, based on the Building Department December 15, 2000 Notice of Disapproval for a proposed addition and alteration to an existing dwelling, which exceeds,the Code limitation of 2 Y2 stories. Location of Property: 6150 Main Bayview Road, Southold; 1000-78-4-44.2. 8:07 p;m. Appl. No. 4934— PAUL and WARREN CORAZZINI by J. Fischetti; Elaine Schneider, Chris Bayes. Applicant requests Variances based on the Building Department's December 18, 2000 Notice of Disapproval, for a proposed commercial storagebuilding: (a) located at less than the code requirement of 70 feet from the rear property line, Article XIV, Section 142, and (b) for a building length greater than the maximum permitted 60 feet facing the Main Road, Article XIV, Section 100-143C. Location of Property: 67875 Main Road, Greenport; 52-5-58.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover,);:; After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. Vote of the Board:;Ayes: All. This Resolution was duly adopted (5-0). 8:13 p.in. Appl. No. 4931 — JOHN LEDDY by Don McGahan. Applicant requests a variance under Article XXIV, Section 100-244B, based on the Building Department's December 27, 2000 Notice of Disapproval, for a proposed alteration and addition to an existing dwelling which will be less than 35 feet from the front property line, at 5700 Pequash Avenue, Cutchogue; 110-5-36. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to closd"the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:16 p.in. Member Horning left. 8:18 pA. Appl. No. 4930—JANE ROSS and JON SCHRIBER by Boulevard Planning. Applicants request a variance under Article III, Section 100-244B,'based on the Building Department's December 18, 2000 Notice of Disapproval, for a proposed addition to dwelling which will be less than 35 feet from the front property line, at 1295 Old Harbor Road, New Suffolk; 117-3-10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to recesi the hearing to April 19, 2001 at 8:45 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. YA. 8:22 p.m. Appl. No 4929 — GRACE CANTONE by Tom Ludlow. Applicant requests a Variance under Article XXIV, Section 100-244B, based on the Building"Department's January:23, 2001 Notice of Disapproval for a proposed addition to dwelling which will have a-''setback at less than 40 feet from Park Avenue front property line. Location of Property: Corner of 2305 Park Avenue and Bungalow Lane, Mattituck; 1000-123-3-21. BOARD'RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered "by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. Vote of;`-.,the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. =1 i•1 rr? Page 5—Minutes Regular Meeting:held April 5, 2001 Southold Town Zoning Board of Appeals 8:24 p.,m. Appl. No. 4932 —RICHARD M. HOKANSON by Rich Hokanson. Applicant rl requests a variance under Article XXIV, Section 100-244B, based on the Building Department's January 25, 2001 Notice of Disapproval for a proposed single-family dwelling which will exceed the code limitation of 20% lot coverage (of the total lot area). .:Location of Property: 1635 Nokomis Road, Southold; 1000-78-3-33. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) ,` After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to close the hearing, reserving decision. Vote of the Board:;;,Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent.:, 8:29 p.m. Appl. No. 4933—JOHN SOTO by John Soto. Applicant requests a variance, under Article III-A, Section 100-30A.4, based on the Building. Department's January 25, 2004 Notice of Disapproval for a swimming pool proposed in the front yard, at 90 Haywaters Road, Cutchogue Road, Cutchogue; Amended Map A, Nassau Point Club Properties Lot #272; Parcel 1000-111-2-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close',"the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 8:50 p.ti . RESOLUTION(BREAK): Motion was offered by Chairman Goehringer, seconded by Member Tortora, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 8:56 p'm. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer, seconded by Member Tortora, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent.:;, PUBLIC HEARINGS, CONTINUED FROM above: The following public hearings were held, with Chairmari` Goehringer introducing each application, and Member reading of the Legal Notice as published: 8:56 p.m. Appl. No. 4936 —ANTHONY VIVONA by A. Vivona. Applicant requests a Variance under Article III, Section 100-33, based on the Building Department's January 8, 2001 Notice of Disapproval for an accessory storage building in a front yard location; at 125 Crescent Lane, East Marion; Pebble Beach Farms Lot 98; Parcel 1000- 30-2-41 ; BOARD RESOLUTION: (Please see transcript of written statements prepared. under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member'-Horning was absent. 8:58 p.rii: Appl. No. 4937 — SOUTHOLD PARK DISTRICT by Bob Cochran; Mrs. V. Crane, Helen Schultz, Mrs. Gomez, opposition. Applicant requests a variance under Article=,III, Section 100-32, based on the Building Department's February 12, 2001 Amended Notice of Disapproval for a Park shelter building proposed at less than 60 feet frdJ6 the front property line. Location of Property: 5345 South Harbor Road, Southold; 87-1-18.7. BOARD RESOLUTION: (Please see transcript of written .�y 1. •L Page 6—Minutes Regular MeetQ.'held April 5, 2001 Southold Town Zoning Board of Appeals statements prepared under separate cover.) After receiving testimony, motion was offered Eby Chairman Goehringer, seconded by Member Dinizio, to close the verbal portion.of the hearing and extend the written to April 19, 2001. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Horning was absent. 9:25 pm. Appl. No. 4935 — E. M. KONTOKOSTA. Applicant requests a variance under Article XXIV, Section 100-239.4A, based on the Building Department's January 18, 2001 Notice of Disapproval for an accessory swimming pool structure proposed at less than 100 feet from the top of the bank or bluff of the Long Island Sound, at 56765 North Road, Greenport; 44-1-27. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Horning was absent. 9:32 p.m. Appl. No. 4927 — KACE LI, INC. Applicant requests an Interpretation of Article tIV, Section 100-42B.1 based on the Building Department's December 6, 2000 Notice of Disapproval for multiple dwellings, which denied a permit for the reason that the project does not have a valid Special Exception under Section 100-42B.1 of the Zoning',, Code. Sls North Road (North Road (a/k/a CR 48), Project referred to as Northwind Village," 500 feet east of Chapel Lane, Greenport; 49.3-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.)`:` After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to adjourn the meeting and re-notie0 and re-calendar for June Special Meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 9:37 p.m. Appl. No. 4923 — F. and A. VON ZUBEN by P. Moore, Esq. Applicant requests a variance under Article III, Section 100-33C, based on .the Building Department's January 3, 2001 Notice of Disapproval for an accessory garage proposed at less than 40 feet from the front property line at 1125 North Sea drive, Southold; 54- 4-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. Vote of,�the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning- was absent. Jy: DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: APPROVED AS APPLIED Y. and A.VON ZUBEN#4923 '1'EDWARD DART, Trustee#4925 ,APPROVED WITH CONDITIONS N� rr :i Page 7-Minutes Regular Meetin"''held April 5, 2001 9- Southold Town Zoning Board of Appeals W. MERCURIO#4869 EXECUTIVE SESSION: None held. There being no other business properly coming before the Board at this time, Chairman Go'(6hringer declared the meeting adjourned. The meeting was adjourned at 9:58 P.M. Respectfully submitted, (Iiiao-w`alski Included.jbk�R erenc F' z A D c* ons (3) d Gera l/ Go6hringer,, C na./man r Apl�;Zc P".d for Filing YT RECEIVED' OV 1 0 2009 --N Southold Town Clerk