HomeMy WebLinkAboutZBA-10/23/2003 APPEALS BOARD MEMBERS
,`y y Southold Town Hall
Gerard P. Goehringer, o 53095 Main Road
Lydia A.Tortora * ,? P.O.Box 1179
George Horning %�s • �`� Southold,New York 11971-0959
Ruth D. Oliva , Chairwoman 0,( �`a� ZBA Fax(631)765-9064
Vincent Orlando Telephone(631)765-1809
http://southoldtown.northfork.net
I �J or3' BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY,OCTOBER 23,2003
A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall,
53095 Main Road,Southold,New York 11971-0959,on Thursday,October 23,2003,commencing at 9:00 a.m.
Present were:
Vincent Orlando,Vice and Acting Chairman/Member
Gerard P.Goehringer,Member
George Horning,Member.
Absent were:
Ruth D.Oliva(out of state)
Lydia A.Tortora(illness)
9:00 a.m. Acting Chairman Orlando called the meeting to order.
AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows:
I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS(SEQRA):
Motion was made by Chairman Orlando, seconded by Member Goehringer, and duly carried, to confirm
the following Negative Declarations with No Adverse Effect for the following projects as applied:
Type 11 Actions(No further steps-setback/dimensional/lot waiver/accessory apartment/bed and breakfast
requests):
William and Mary DeBruin#5405.
P.Mettes and L.Callaghan#5413.
A.and S.Waggoner#5410.
J.Parker Wickham#5403.
J.Ann Pignato and Maria Regina#5415.
Paul Sennet#5402.
Howard Meinke#5400.
Priscilla Reilly#5404.
Paul Stetz#5401.
Gerard and Karen Diffley#5431.
Rita Jones#5414.
H.and D.Sutherland#5412.
Michael and MaryEllen Cirrito#5417.
The following applications were noted as pending receipt of Lead Agency Coordination:
Stanley Malon#5383
Oki-Do#5397
Page 2—Minutes
Regular Meeting-October 23,2003
Southold Town Board of Appeals
Main Road Brokerage#5407.
Vote of the Board: Ayes: Members Orlando(Vice and Acting Chairman),Goehringer and Horning. Absent were:
Chairwoman Oliva and Member Tortora.) This Resolution was duly adopted(3-0).
II. No deliberations or decisions on applications heard and concluded at previous meetings commenced.
Carryover decisions were noted for agenda items for the next meeting when four or five members could be
present(Coyne,Taggart,Magill,Combs).
III. PUBLIC HEARINGS. The following public hearings were held. Details of the statements during the hearing
record are available separately.)
9:30 a.m. E. and R. Triope #5300 and #5308. The attorney for the applicant, Stephen L. Ham, Esq. submitted a
letter dated 10121103 requesting that the hearing be adjourned to Dec. 18th at 9:30 a.m.,pending a determination
from the Building Department regarding the applicants'submission of amended Floor Plans during the 8121103
ZBA public hearing.
9:40 — 10:15 a.m. Debra Victoroff #5334. (Carryover from 8/21 — pending review by Building Department of
Proposed location of accessory pool; also for Mr. T. Roslak, adiacent landowner, for time to consult counsel).
Applicant requests a Variance under Section 100-244,based on the Building Department February 11,2003 Notice
of Disapproval,for a proposed dwelling at less than 35 feet from the front property line and less than 35 feet from
the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 &29.1 (as one lot). Appearing were Jim
Fitzgerald of Proper-T Services,Inc,and opposing attorney,Helen Rosenblum. It was agreed that the hearing date
would be after November 20P, although Mr. Fitzgerald preferred to have a November 20t' hearing because he
could guarantee the wetlands information to be submitted in time. At this time the January 2004 meeting date was
not available, but the Board Members agreed to adopt a resolution setting a hearing date at the next meeting.
After receiving testimony, motion was made by Acting Chairman Orlando,seconded by Member Goehringer, and
duly carried, to adjourn the hearing, with a Resolution to be adopted at the November 6, 2003 for the new
adjourned hearing date, pending receipt of information or wetlands permit from the Town Trustees regarding their
jurisdiction.
10:16 a.m. Daniel Denn#5221 (Carryover request from 9/25 for Ch. 58 notices and attendance by applicant). This
is a request for a Variance under Section 100-30A.4, based on the Building Department's August 22, 2002 Notice
of Disapproval, to locate a proposed accessory swimming pool in an area other than a required rear yard, at 275
Major's Path, Southold; 54-1-26.1. There was no attendance in behalf of the applicant or compliance with Ch. 58
notices for certified mailings or posting of sign by the applicant Under the circumstances, the hearing was
defective, and a motion was offered by Member Goehringer, seconded by Member Horning, and duly carried, to
adjourn the hearing without a date. This Resolution was duly adopted 3-0.
10:17 a.m. Linda Fasbach #5375 (Carryover from `8/21 for possible alternative plans or other update from
applicant). Based on the Building Department's May 12,2003 Notice of Disapproval,applicant requests Variances
under Sections 100-239.13, 100-242A, and 100-244,for: (1) addition to an existing dwelling with total side yards at
less than 25 feet, (2) 'as built' deck addition at less than 75 feet from the bulkhead, (3) lot coverage in excess of
the code limitation of 20%of the lot size,at 2905 Bay Shore Road, Greenport;53-6-4. Richard Lark,Esq.appeared
with the applicant's architect, confirming the October 16, 2003 amended Notice of Disapproval for 27.58% lot
coverage issued by Building Department, and breakdown calculations from Meryl Kramer, Architect received
today. After receiving testimony,motion was offered by Acting Chairman Orlando,seconded by Member Horning,
and duly carried,to conclude the hearing, reserving decision until later. This Resolution was duly adopted(3-0).
Page 4—Minutes
Regular Meeting-October 23,2003
Southold Town Board of Appeals
DELIBERATIONS/DECISIONS. The Board deliberated and decided the following applications, as shown on the
originals of each filed with the Southold Town Clerk:
APPROVED AS APPLIED
William and Mary DeBruin#5405. This is a request for a Variance under Section 100-242A(ref. 100-244B),
based on the Building Department's May 19, 2003 Notice of Disapproval, amended June 30, 2003, for
proposed additions/alterations to the existing dwelling with a single side yard setback at less than 15
feet. Location of Property: 2570 Pine Tree Road,Cutchogue, 1000-104-2-13.
J. Parker Wickham #5403. Request for a Variance under Section 100-242A, ref. 100-244B, based on the
Building Department's May 30, 2003 Notice of Disapproval, for proposed alterations to existing dwelling
within 40 feet from the front property line,at 710 Park Avenue Ext.,Mattituck; 123-8-28.5
Other: A consensus was taken for approval of the following application (pending receipt of the Affidavit
of Mailings as per Ch.58 of the Town Code):
J.Waggoner#5410. (Agenda Item at 1116/03 Meeting).
1:20 p.m. The Board proceeded with the next public hearing,as follows:
PUBLIC HEARINGS continued since the morning session:
1:20 p.m. J. Ann Pignato and Maria Regina#5415. Request for a Variance under Section 100-33, based on the
Building Department's May 19, 2003 Notice of Disapproval, for a proposed accessory garage in a yard other than
the rear yard, at 28545 Main Road, Orient; 18-6-24.3. After receiving testimony, motion was offered by Acting
Chairman Orlando, seconded by Member Goehringer, and duly carried, to conclude the hearing, reserving
decision until later. This Resolution was duly adopted(3-0).
1:30 p.m. Paul Sennet #5402. Request for a Variance under Section 100-242A, based on the Building
Department's June 27, 2003 Notice of Disapproval, for a proposed porch addition at less than 35 feet from the
front lot line and rear lot lines, at 450 Richmond Road East, Southold; 135-3-7. After receiving testimony,motion
was offered by Acting Chairman Orlando, seconded by Member Horning, and duly carried, to conclude the
hearing,reserving decision until later. This Resolution was duly adopted(3-0).
1:40 p.m. Howard Meinke #5400. Request for a Variance under Section 100-244, based on the Building
Department's May 30,2003 Notice of Disapproval,for approval of the"as-built"setback location of a deck and hot
tub addition at less than 40 feet from the front lot line, at 2130 Broadwaters Road, Cutchogue; 104-9-13. After
receiving testimony, motion was offered by Acting Chairman Orlando,seconded by Member Goehringer,and duly
carried, to conclude the hearing,reserving decision until later. This Resolution was duly adopted(3-0).
1:50 p.m. Priscilla Reilly#5404. Request for a Variance under Section 100-242A, ref., 100-244B, based on the
Building Department's June 13,2003 Notice of Disapproval for a two-story addition at less than 10 feet on a single
side yard and less than 25 feet for total side yards, after demolition of an attached garage, at 865 Old Shipyard
Lane,Southold; 64-5-20. After receiving testimony,motion was offered by Acting Chairman Orlando,seconded by
Member Horning, and duly carried, to conclude the hearing, reserving decision until later. This Resolution was
duly adopted(3-0).
Page 3—Minutes
Regular Meeting-October 23,2003
Southold Town Board of Appeals
10:25 a.m. William and Mary DeBruin #5405. This is a request for a Variance under Section 100-242A(ref. 100-
244B), based on the Building Department's May 19, 2003 Notice of Disapproval, amended June 30, 2003, for
proposed additions/alterations to the existing dwelling with a single side yard setback at less than 15 feet.
Location of Property: 2570 Pine Tree Road, Cutchogue, 1000-104-2-13. After receiving testimony, motion was
offered by Acting Chairman Orlando, seconded by Member Horning, and duly carried, to conclude the hearing,
reserving decision until later. This Resolution was duly adopted(3-0).
10:30 a.m. P. Mettes and L. Callaghan #5413. Request for a Variance under Section 100-82A, based on the
Building Department's July 17, 2003 Notice of Disapproval, for proposed additions/alterations to existing
commercial building with a side yard at less than 20 feet, at 43715 C.R. 48 (a/k/a Middle Road or North Road),
Southold; 1000-59-3-30. Mr. Mettes and Ms.Callaghan both appeared in behalf of their application. After receiving
testimony, motion was offered by Acting Chairman Orlando, seconded by Member Goehringer, and duly carried,
to conclude the hearing,reserving decision until later. This Resolution was duly adopted(3-0).
10:35 a.m. A. and S. Waggoner#5410. Request for a Variance under Section 100-242A, ref. 100-244B, based on
the Building Department's May 30, 2003 Notice of Disapproval, for proposed additions/alterations to the existing
dwelling at less than 40 feet from the rear property line, at 1695 Wickham Avenue, Mattituck; 1000-140-1-1.
Possible adjournment to to extend hearing time requested due to untimely mailings and posting of sign by
application as required under Ch. 58. Appearing in behalf of the application After receiving testimony, motion
was offered by Acting Chairman Orlando, seconded by Member Horning, and duly carried, to conclude the
hearing,reserving decision until later. This Resolution was duly adopted(3-0).
10:40 a.m. J.Parker Wickham#5403. Request for a Variance under Section 100-242A,ref. 100-244B,based on the
Building Department's May 30,2003 Notice of Disapproval,for proposed alterations to existing dwelling within 40
feet from the front property line, at 710 Park Avenue Ext., Mattituck; 1000-123-8-28.5. After receiving testimony,
motion was offered by Acting Chairman Orlando,seconded by Member Horning,and duly carried, to conclude the
hearing,reserving decision until later. This Resolution was duly adopted(3-0).
11:30 a.m. Motion was made by Acting Chairman Orlando, seconded by Member Horning, and duly carried, to
adjourn for a continuation of this meeting at 1 p.m. This Resolution was duly adopted(3-0).
1:00 p.m. Motion was made by Acting Chairman Orlando, seconded by Member Goehringer, and duly carried,to
reconvene. This Resolution was duly adopted(3-0).
PUBLIC HEARINGS continued since the morning session:
1:00 p.m. Omnipoint Communications. Lessee (George L. Penny, Inc., Owner) #5357. (Carryover from 8/21:
standards for a "use" variance and related were submitted by attorney as requested). Based on the Building
Department's April 1, 2003 Notice of Disapproval, applicant requests: (1) an Interpretation of Section 100-162 for
reversal of the Building Department's Notice of Disapproval,or (2)alternatively,a Variance under Section 100-162
for the location of a proposed telecommunications tower at less than 300 feet from historical properties(1000-141-
3-35 and 1000-141-3-39) listed on the Society for the Preservation of Long Island Antiquities Inventory of Southold
Historic Properties. Location: 12585 Sound Avenue, Mattituck; Parcel 1000-141-3-38.1. The applicant's attorney
submitted a letter on 10122 requesting an adjournment of this hearing to December 18t'. The applicant's attorney
also submitted a letter requesting determination on the Appeal for Interpretation before proceeding on the second
part of the application for variance relief. After consideration of the information received, motion was made by
Acting Chairman Orlando, seconded by Member Goehringer, and duly carried, to adjourn the hearing to 1 PM,
Thursday, December 18,2003 This Resolution was duly adopted(3-0).
'Page 5—Minutes
Regular Meeting-October 23,2003
Southold Town Board of Appeals
2:00 p.m. Paul Stetz#5401. This is a request for a Variance under Section 100-242A, ref. 100-244B, based on the
Building Department's June 16, 2003 Notice of Disapproval. Applicant proposes a stairway and landing addition
with rear yard setback at less than 35 feet, at 270 North Sea Drive, Southold; 54-5-50. After receiving testimony,
motion was offered by Acting Chairman Orlando,seconded by Member Goehringer,and duly carried, to conclude
the hearing,reserving decision until later. This Resolution was duly adopted(3-0).
2:10 p.m. Gerard and Karen Difflev#5431. This is a request for a Variance under Section 100-242A,ref. 100-244B,
based on the Building Department's August 1, 2003 Notice of Disapproval, amended September 3, 2003.
Applicants propose a second-story addition at less than 35 feet from the front lot line, at 432 Lupton Point Road,
Mattituck; 115-11-1. After receiving testimony, motion was offered by Acting Chairman Orlando, seconded by
Member Horning, and duly carried, to conclude the hearing, reserving decision until later. This Resolution was
duly adopted(3-0).
2:20 p.m. Rita Jones #5414. This is a request for a Variance under Section 100-244B, based on the Building
Department's July 11, 2003 Notice of Disapproval for a new addition which is an expansion into the single side
yard setback which is less than 10 feet, and total side yards less than 25 feet, at 1335 Island View Lane,
Greenport; 57-2-15. After receiving testimony, motion was offered by Acting Chairman Orlando, seconded by
Member Goehringer,and duly carried, to conclude the hearing,reserving decision until later. This Resolution was
duly adopted(3-0).
2:30 p.m. H. and D. Sutherland #5412. This is a request for a Variance under Section 100-242A, ref. 100-244B,
based on the Building Department's May 30, 2003 Notice of Disapproval for a handicap ramp and deck addition
with a single side yard at less than 10 feet and total side yards at less than 25 feet, at 3715 Stillwater Ave.,
Cutchogue; 136-2-12. After receiving testimony, motion was offered by Acting Chairman Orlando, seconded by
Member Horning, and duly carried, to conclude the hearing, reserving decision until later. This Resolution was
duly adopted(3-0).
2:55 p.m. Michael and MarvEllen Cirrito#5417. This is a request for Variances under Sections 100-242A(ref.100-244B)and
100-239.4B,based on the Building Department's July 15,2003 Notice of Disapproval,for proposed additions/alterations at less
than a single side yard of 10 feet and less than 75 feet from the bulkhead, at 7625 Nassau Point Road, Cutchogue; 1184-4.
After receiving testimony,motion was offered by Acting Chairman Orlando,seconded by Member Goehringer,and
duly carried, to conclude the hearing,reserving decision until later. This Resolution was duly adopted(3-0).
(End of hearings.)
DELIBERATIONS/DECISIONS. The Board deliberated and decided the following applications, as shown on the
originals of each filed with the Southold Town Clerk:
APPROVED AS APPLIED
Gerard and Karen Difflev#5431. This is a request for a Variance under Section 100-242A, ref. 100-244B,
based on the Building Department's August 1, 2003 Notice of Disapproval, amended September 3, 2003.
Applicants.propose a second-story addition at less than 35 feet from the front lot line,at 432 Lupton Point
Road, Mattituck; 115-11-1.
H.and D.Sutherland#5412. This is a request for a Variance under Section 100-242A,ref. 100-244B,based
on the Building Department's May 30, 2003 Notice of Disapproval for a handicap ramp and deck addition
with a single side yard at less than 10 feet and total side yards at less than 25 feet,at 3715 Stillwater Ave.,
Cutchogue; 136-2-12.
Page 6—Minutes
Regular Meeting-October 23,2003
Southold Town Board of Appeals
� � � 2003
OTHER/RESOLUTIONS/UPDATES:
Motion was offered by Member Goehringer, seconded by Member Horning, and duly carried, to confirm the
Special Meeting for November 6,2003 commencing at 6 PM. This Resolution was duly adopted(3-0).
Motion was offered by Acting Chairman Orlando,seconded by Member Goehringer, and duly carried, authorizing
advertisement of the following new hearings for the 11/20/03 Regular Meeting. This'Resolution was duly adopted
(3-0).
Motion was offered by Member Goehringer, seconded by Member Horning, and duly carried, to approve the
Minutes of October 9,2003 Special Meeting. This Resolution was duly adopted(3-0).
The Board agreed that a memorandum be forwarded to the Town Board requesting Special Counsel regarding
recent litigation in the Matter of Cooper v. ZBA relative to Frohne Appeal No. 5317. This Resolution was duly
adopted(3-0).
There being no other business properly coming before the Board at this time,Acting Chairman Orlando adjourned
the meeting at approximately 3:50 p.m.
Respectfully submitted,
kc ��
1daKowalski
Board Assistant and Secretary 1117/03
Ruth D.Oliva,Chairwoman 1 0/03
Approved for Filing RECEIVED fG
'�P.'oZo
NOV 2 1 2003
Sao utOool Town Jerk