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Home My WebLink AboutZBA-03/20/2003 APPEALS BOARD MEMBERS ��S�FFU[,��p �O Gyp Southold Town Hall � 53095 Main Road Lydia A. Tortora, Chairwoman o Gerard P. Goehringer y Z P.O. Box 1179 George Horning O .F Southold,New York 11971-0959 Ruth D. Oliva y, O� ZBA Fax(631)765-9064 Vincent Orlando 01 �a Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, MARCH 20, 2003 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, March 20, 2003 commencing at 9:30 A.M. Present were: Lydia A. Tortora, Chairwoman Gerard P. Goehringer, Member Ruth D. Oliva, Member George Horning, Member (9:30 a.m. - 2:25 p.m.) Vincent Orlando, Member Linda Kowalski, ZBA Confidential Secretary Paula Quintieri, Clerk Typist (11:30 a.m. - 12:30 p.m.) 9:45 A.M. Chairwoman Tortora called the meeting to order. The Board proceeded with the first item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION: Motion was made by Chairwoman Tortora, seconded by Member Goehringer, to declare the following Declarations: Type II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: Rory Forrestal #5243 David and Carol Kirby #5284 Claire Tassone and Michael Nulty #5272 G. Barton/J. Goeller & Others #5285 Richard and Heidi Cavallo #5283 Joseph and Therese Ciampa #5251 Nancy Carroll #5134 Iannore and Marchut #5275 Duryea Trust #5202 Theodore Martz/V. Delfino #5279 Jeanne R. Kurz #5289 John Weeger #5288 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). ` Page 2-Minutes Regular Meeting held March 20, 2003 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: The following public hearings were held, with Chairwoman Tortora introducing each application, and Member reading of the Legal Notice as published: 9:46 a.m': Rory Forrestal #5243-Applicant requests a Variance under Section 100-244B, based on the Building Department's October 2, 2002 Notice of Disapproval, amended December 9, 2002. Applicant proposes a second-story addition and porch to the existing dwelling at less than the code's 35 ft. setback requirement for total side yards, and less than 15 ft. setback on one side, at 1065 Saltaire Way, Mattituck; County Parcel 1000-100- 1-23. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). 9:48 a.m. David and Carol Kirby #5284 - Applicants request a Variance under Section 100-242A and 100-244, based on the Building Department's November 18, 2002 Notice of Disapproval, amended December 2, 2002. Applicants propose to construct a front deck addition at less than 35 feet from the front property line, at 950 Captain Kidd Estates, Mattituck; Parcel 1000-106-5-10. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). 9:51 a.m. Sang Lee Farms #5324 - This is a request for a Special Exception, based on the Building Department's August 19, 2002 Notice of Disapproval which states that under Town Code Chapter 47.3A, a farm stand in excess of 1,000 sq. ft. is permitted only with site plan approval from the Planning Board and with special exception approval from the Zoning Board of Appeals. Applicant is proposing to construct a farm building (or structure) 'which will be enclosed on all sides and used as a sales area, open to the public, in addition to the existing farm stand sales area. Location of Property: 25180 C.R. 48, Peconic; Parcel Nos. 84-5-1.2 andl.3 (as one lot). (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: Motion was offered by Member Goehringer, seconded by Chairwoman Tortora, to enter entire Public Hearing record of prior appeal into the record. Vote of the Board: All. This Resolution was duly adopted (5- 0). BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). 9:54 a.m. Claire Tassone and Michael Nulty #5272, by Bruce Anderson, SEC; Tom Morgan, opposition. Applicants request Variances under Sections 239.4A.1 and 30A.3 based on the Building Department's November 7, 2002 Notice of Disapproval. Applicants propose,a single family dwelling at less than 100 feet from the top of the bluff or bank of the Long Island Sound, and front yard setback at less than 50 feet, at 590 North View Drive, Orient; Parcel 1000-13-1-5.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to adjourn the hearing to 6:30 p.m. May 1, 2003, for additional items. Vote of the Board: All. This Resolution was duly adopted (5-0). 10:30 a.m. Linda S. Sanford - #5217. This is an application based on the Building Department's August 20, 2002 Notice of Disapproval, amended January 22, 2003, in a proposal to demolish the existing dwelling and construct a new dwelling: (1) at less than 75 feet from the rear lot line.and bulkhead. Also requested is a new swimming pool structure at less than 75 feet from the bulkhead, and Variances under Section 100-235A(1) Page 3—Minutes Regular Meeting held March 20, 2003 Southold Town Zoning Board of Appeals and Town Law Section 280-A, for a determination regarding improvements over an existing private right-of-way for sufficient access by fire and emergency vehicles. The right-of-way extends over privately owned lands now or formerly of Kaytis, and land of McDonald, from a point starting along the east side of Paradise Point Road, Southold, to the applicant's lot, referred to as 780 Private Road 17, Southold, Parcel #81-3-27.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). 10:34 a.m. Lana Pih Jokel #5280 — BOARD RESOLUTION: Motion was offered by Chairwoman Tortora, seconded by Member Orlando, to withdraw this application per applicant's March 5, 2003 letter. Vote of the Board: All. This Resolution was duly adopted (5-0). 10:35 a.m. Geraldine N. Barton. Contract Vendee (Jane Goeller & Others, Owners) #5285 — J. K. McLaughlin, Esq., Mark Schwartz, A1A. Applicant requests a Variance under Section 100-30A.3 based on the Building Department's November 8, 2002 Notice of Disapproval. Applicant proposes a new dwelling at less than 50 feet from the front lot line, at 5295 Nassau Point Road, Cutchogue; Parcel 1000-111-9-13. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). 16:52 a.m. RESOLUTION (BREAK): Motion was offered by Member Goehringer, seconded by Chairwoman Tortora, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). '10:59 a.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman Tortora, seconded by Member Orlando, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS continued: ' The following public hearings were held, with Chairwoman Tortora introducing each application, and Member reading of the Legal Notice as published: 11:02 a.m. Richard and Heidi Cavallo #5283 — Applicants request a Variance under Section 100-244B based on the Building Department's October 2, 2002 Notice of Disapproval. Applicants propose a second-story addition with a front yard setback at less than 35 feet, while maintaining the existing side yard total of 33.5 feet, at 775 Hickory Avenue, Southold; Parcel 1000-77-2-30. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: All. This Resolution was duly adopted (5- 0). 11:05 a.m. Paul and Maureen Cacioppo #5286 by Jim Fitzgerald, Proper-T-Permit Services — Applicants request Variances under Sections 100-244B and 100-33, based on the Building Department's October 15, 2002 Notice of Disapproval. Applicants propose a new dwelling at less than 35 feet from the front and rear lot lines, and for approval of the existing location of an accessory garage in a yard other than the required rear yard, at 195 Skunk Lane, Cutchogue; 85-3-2.2. (Please see transcript of written statements prepared Page 4—Minutes Regular Meeting held March 20, 2003 Southold Town Zoning Board of Appeals under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to adjourn the hearing to 7:30 p.m.April 3, 2003. Vote of the Board: All. This Resolution was duly adopted (5-0). 11:12 a.m. Joseph & Therese Ciampa #5251 .by Garrett Strang, R. A. — Applicants request Variances under Sections 100-244, 100-239.46, and 100-33, based on the Building Department's September 16, 2002 Notice of Disapproval, amended December 11, 2002. Applicants propose an accessory swimming pool in an area other than the required rear yard, and additions to the existing dwelling: (a) at less than 10 feet on a single side yard, (b) with total lot coverage over the code's 20% limitation, (c) at less than 75 feet to the concrete retaining wall. Location of Property: 650 Beachwood Lane, Southold; Parcel 1000-70-10-56. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to adjourn the hearing to 6:40 p.m. May 1, 2003. Vote of the Board: All. This Resolution was duly adopted (5-0). 11:30 a.m. Nancy Carroll #5134 by Garrett Strang, R. A. -Applicant requests Variances under Sections 100-239.413 and 100-244B, based on the Building Department's Notices of Disapproval, dated March 13, 2002, amended August 20, 2002, and January, 13, 2003. Applicant proposes additions to the existing dwelling with a setback less than 75 feet from the bulkhead and with a total lot coverage over the code's 20% limitation, at 350 West Lake Drive, Southold; Parcel 1000-90-1-21. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion:was offered by Chairwoman Tortora, seconded by Member Goehringer, to adjourn the hearing to 3:30 p.m. today March 20, 2003. Vote of the Board: All. This Resolution was duly adopted (5-0). 11:38 a.m. Scott and Sarah Hassildine #5281 — Applicants request a Variance under Sections 100-244B and 100-242A, based on the Building Department's November 27, 2002 Notice of Disapproval. Applicants propose additions to the existing dwelling at less than 40 feet from the front lot line, at 1435 Park Ave., Mattituck; Parcel 1000-123-2-30. BOARD RESOLUTION: Motion was offered by Chairman Tortora, seconded by Member Orlando to withdraw this application based on applicant's March 5, 2003 request. Vote of the Board: All. This Resolution was duly adopted (5-0). 11:40 a.m. Estate of Murray Schlussel -#5259. (Continued from Feb. 6th hearing). Gary Olsen, 'Esq. Bob Tast, Tom Walker, Young and Young; Gail Wickham, Esq. opposition. This is'a request for a Variance under Section 100-32, based on the Building Department's September 24, 2002 Notice of Disapproval concerning a proposed dwelling with a front yard setback at less than 50 feet from the front property line at its closest point. Location of Property: 3085 Stillwater Avenue, Cutchogue; Parcel Nos. 1000-136-2-6, 7 and 8 (combined as one lot of 62,730+- sq. ft. total area). (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to adjourn the hearing to 6:50 p.m. May 1, 2003. Vote of the Board: All. This Resolution was duly adopted (5-0). 1:00 p.m. RESOLUTION (BREAK): Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to take a recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5-Minutes Regular Meeting held March 20, 2003 Southold Town Zoning Board of Appeals 1:05 p.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). DELIBERATIONS/DECISIONS: The Board deliberated and acted 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 ZBA#5214- Robert White ZBA#5271 -A. and B. Dworkowitz APPROVED WITH CONDITIONS ZBA#5232 -Omnipoint Communications ZBA#4942-Breezy Sound PUBLIC HEARINGS continued: The following public hearings were held, with Chairwoman Tortora introducing each application, and Member reading of the Legal Notice as published: 1:04 p.m. NANCY IANNONE AND HELEN MARSHUT, LIFE TENANTS #5275- Patricia Moore, Esq., Arthur Zilenski, Mrs. Polaner, opposition. (Carryover by the applicant's attorney from February 20, 2003). This is a request for a Special Exception for an Accessory Apartment under Section 100-31 B(13) in conjunction with the owner/applicant's residence in the existing single-family dwelling located at 19105 Soundview Avenue, Southold; Parcel 1000-51-1-17. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the.hearing, reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). 1:34 p.m. Duryea Trust #5202-Susan Young, Architect. Applicant requests a Variance under Sections 100-242A and 100-244B, based on the Building Department's July 18, 2002 and August 20, 2002 Notices of Disapproval. Applicant proposes to demolish the existing dwelling and construct a new dwelling with front and rear setbacks at less than 35 feet, at Mansion House Drive, Fishers Island; Parcel 1000-6-5-10. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to adjourn the hearing to May 15, 2003. Vote of the Board: All. This Resolution was duly adopted (5-0). 1:57 p.m. RESOLUTION (BREAK): Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 6—Minutes Regular Meeting held March 20, 2003 Southold Town Zoning Board of Appeals 2:05 p:m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman Tortora, seconded by Member Orlando, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINOS continued: The following public hearings were held, with Chairwoman Tortora introducing each application, and Member reading of the Legal Notice as published: 2:06 p.m. Theodore Martz, Contract Vendee (Owner: Veronica Delfino) #5279 C. Mesiano, Agent; Cathy Creaston, opposition. Applicant requests a Variance under Section 100-244B based on the Building Department's October 18, 2002 Notice of Disapproval. Applicant proposes a new dwelling with a lot coverage over the code's 20% limitation, at 55 Seventh Street, Laurel; Parcel 1000-126-1-18. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman, Tortora, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: All. This Resolution was duly adopted (4- 0). Member Goehringer abstained. 2:25 p.m. - Member Horning left at this time. 2:25 p.m. Jeanne R. Kurz #5289 — Patricia Moore, Esq. This is a request for a Variance under Section 100-242A and 100-244B, based on the Building Department's December 16, 2002 Notice of Disapproval. Applicant proposes to construct a second-story addition with a single side yard setback at less than 15 feet, at 725 Terry Lane, Southold; Parcel 1000-65- 1-17. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: All. This Resolution was duly adopted (4-0). Member Horning was absent. . 2:28 p.m. John Weener#5288— Patricia Moore, Esq. Applicant requests a Waiver under Section,100-26 to unmerge a nonconforming parcel identified as 1000-55-3-21 from the adjacent Parcel #10000-55-3-20. Based on the Building Department's November 27, 2002 Notice of Disapproval, the parcels are merged to form one lot. Location of Property: West Side of Tuthill Road, Yennecott Park, Southold. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: All. This Resolution was.duly adopted (4-0). Member Horning was absent. 2:30 p.m. New Suffolk Shipyard #5149 — Patricia Moore, Esq., Eric Bressler, Esq., opposition. Applicant requests a Variance under Section 100-121C1, based on the Building Department's March 27, 2002 Notice of Disapproval. Applicant proposes two sets of accessory boat rack structures in this M-II Zone District, in a side yard and at a height over the code's 18 ft. limitation, at 5775 New Suffolk Road, New Suffolk; 1000-117-5-29.1. (Please see transcript of written statements prepared under separate cover.) .BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to adjourn the hearing to 7:00 p.m. May 1, 2003. Vote of the Board: All. This Resolution was duly adopted (4-0). Member Horning was absent. 3:30 p.m. Nancy Carroll #5134 RECONVENED by Garrett Strang, R. A. - Applicant requests Variances under Sections 100-239.46 and 100-244B, based on the Building Department's Notices of Disapproval, dated March 13, 2002, amended August 20, 2002, and January 13, 2003. Applicant proposes additions to the existing dwelling with a setback Page 7-Minutes Regular Meeting held March 20, 2003 Southold Town Zoning Board of Appeals less than 75 feet from the bulkhead and with a total lot coverage over the code's 20% limitation, at 350 West Lake Drive, Southold; Parcel 1000-90-1-21. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: All. This Resolution was duly adopted (4-0). Member Horning was absent. 3:31 p.m. . Mary Zupa #5266 by C. Mesiano, Agent and Mr. and Mrs. Zupa attending; Stephen Angel, Esq., in opposition. Applicant requests Variances under Sections 100-24B and 100-32, based on the Building Department's October 30, 2002 Notice of Disapproval for construction of a single family dwelling. The reasons stated in the Notice of Disapproval are: 1)the construction of a single family dwelling on a nonconforming 75,687 sq. ft. parcel in the R-80 District is not permitted; 2) the lot is not recognized, and its use is a marina, and 3)the construction of a single family dwelling would constitute a second use. Location of Property: 580 Basin Road, Southold (Paradise Point); Parcel#1000-81-1-16.7. 4:1'0 p.m. RESOLUTION (BREAK): Motion was offered by Member Oliva, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted 45-0). Member Horning was absent. 4:22 p.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman Tortora, seconded by Member Orlando, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. PUBLIC HEARINGS continued: The following public hearings were held, with Chairwoman Tortora introducing each application, and Member reading of the Legal Notice as published: 4:22 p.m. Mary Zupa #5266 RECONVENED - by C. Mesiano, Agent and Mr. and Mrs. Zupa attending; attending in opposition or with concerns were Stephen Angel, Esq., Kevin Barr, Richard Zack, Steve Collier. Applicant requests Variances under Sections 100-24B and 100-32, based on the Building Department's October 30, 2002 Notice of Disapproval for construction of a single family dwelling. The reasons stated in the Notice of Disapproval are: 1)the construction of a single family dwelling on a nonconforming 75,687 sq. ft. parcel in the R-80 District is not permitted; 2) the lot is not recognized, and its use is a marina, and 3)the construction of a single family dwelling would constitute a second use. Location of Property: 580 Basin Road, Southold (Paradise Point); Parcel #1000-81-1-16.7. '(Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to adjourn the hearing to 7:00 p.m. June 5, 2003. Vote of the Board: All. This Resolution was duly adopted (4-0). Member Horning was absent. DELIBERATIONS/POSSIBLE DECISION (continued): APPROVED ZBA#5324-Sang Lee Farms Page 8-Minutes Regular Meeting held March 20, 2003 Southold Town Zoning Board of Appeals OTHER/RESOLUTIONS/UPDATED REVIEWS/OTHER: A. The Chairwoman confirmed the Special Meeting at 6:30 p.m. to be held on Aril 3, 2003. (Agenda items may include public hearings adjourned from February 20t new application calendar, and continued work reviews of other new files for future calendars, and possible deliberations/possible decisions on carryover applications. B. RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Goehringer to advertise in the Town's official newspaper public hearings for complete applications, to be held April 17, 2003 at a Regular Meeting commencing at 9:30 A.M. at Southold Town Hall (Court Room), 53095 Main Road, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. . C. Chairwoman Tortora confirmed her appointment of Member Orlando as Vice- Chairman for 2003. EXECUTIVE SESSION: None. There being no other business properly coming before the Board at this time, Chairman Tortora declared the meeting adjourned. The meeting was adjourned at 6:00 P.M. Respectfully submitted, ?�a�� da Kowals i Included by Reference: Filed ZBA Decisions (5) RECEIVED 6L—,:,-3 �• �� Ruth D. Oliva Approved for Filing JAN 2 8 2009 CA ?n,� T®wn Clerk