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HomeMy WebLinkAboutZBA-05/15/2003 APPEALS BOARD MEMBERS ��SUFFO(�►C e ��O OGy Southold Town Hall e Lydia A. Tortora, Chairwoman c 53095 Main Road Gerard P. Goehringer y Z P.O. Box 1179 George Horning 5 Southold,New York 11971-0959 Ruth D. Oliva ZBA Fax(631) 765-9064 Vincent Orlando Ol �a Telephone (631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, MAY 15, 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, on Thursday, May 15, 2003, commencing at 9:35 a.m. Present were: Lydia A. Tortora, Chairwoman Gerard P. Goehringer, Member George Horning, Member (left at 3:18 p.m.) Vincent Orlando, Member Linda F. Kowalski, Secretary of the Board Absent was: Ruth D. Oliva, Member. 9:37 a.m. Chairwoman Tortora 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): BOARD RESOLUTION: Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, to confirm the following Declarations of No Adverse Effect on the Environment for the projects noted below, if implemented as applied for: Type II Actions (No further steps) Melissa Corwin Clark#5305. John and Kathleen Ahearn #5359—setbacks. Kenneth Cerreta#5282—setbacks. Joseph and Monique Robin #5314—setback. Edward and Roberta Trippe #5300—yard location. Anthony Palumbo#5310—setback. John Severini #5303—setback. Matthew R. Mauro#5276—setback. S. Sachman and A. Quadrani —yard location. D. and V. Sonnenborn #5315—setbacks. R. W. Corazzini #5304—setbacks. Page 2- Minutes May 15, 2003 Regular Meeting Southold Town Board of Appeals Nick Bruno#5309—setbacks. Claire L. Copersino #5306—setback. Vihold Corp. and J & C Holdings —setback. G. Giannaris & others—setbacks. Warren Melhado#5287—yard location. Unlisted Declaration with Negative Effect on the Environment: John and Kathleen Ahearn #5359—lot coverage for porch. Edward and Roberta Trippe#5308—dwelling design of building. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Horning, and Orlando. (Absent was Member Oliva.) This Resolution was duly adopted (4-0). The following was also noted as pending lead agency SEQRA reviews and with involved departments/agencies: AT &T Wireless (Planning Board, lead agency). II. PUBLIC HEARINGS: The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings at this time.) 9:39 a.m. Melissa Corwin Clark #5305. Based on the Building Department's November 26, 2002 Notice of Disapproval, this is a request for a Variance under Section 100-242A for a second-floor addition and alteration to an existing single-family dwelling with a setback on a single side yard at less than 10 feet and less than 25 feet for both side yards, at 375 Brown Street, Greenport; Parcel 1000-48-3-22. Appearing were Melissa Clark with her husband and builder. No opposition was submitted by anyone in the audience during the hearing. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Horning, and duly carried, to conclude the hearing. This Resolution was duly adopted (4-0). 9:41 a.m. John and Kathleen Ahearn #5359. Based on the Building Department's April 29, 2003 Notice of Disapproval, applicants request Variances under Sections 100-242A and 100-244B, for a proposed porch addition which will not meet the code's required setbacks on one side yard of 10 feet and 15 feet on the other side, and which will exceed the 20 percent lot coverage limitation of the code. Location of Property: 480 Dawn Drive, Greenport; 1000-35-5-13. Appearing were Mr. and Mrs. Ahearn. No opposition was submitted by anyone in the audience during the hearing. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Horning, and duly carried, to conclude the hearing. This Resolution was duly adopted (4- 0). Page 3-Minutes May 15, 2003 Regular Meeting Southold Town Board of Appeals ,r 9:56 a.m. Kenneth Cerreta #5282. Based on the Building Department's October 9, 2002 Notice of Disapproval, this is a request for Variances under Section 100-244B for a garage addition at less than 10 feet for a single side yard, less than 25 feet for total side yards, and less than 35 feet from the front lot line, at 1655 Bay Shore Road, Greenport; Parcel 1000-53-4-6. Appearing was Mr. Cerreta. No opposition was offered by anyone in the audience during the hearing. During the hearing, Board Members requested alternatives with Mr. Cerreta. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, to adjourn the hearing to June 19, 2003 at 9:30 a.m. The hearing was adjourned to give the applicant time to work on an alternate plan which would increase the conformity and provide less variance relief. 10:12 a.m. Joseph A. and Monique Robin #5314. Based on the Building Department's February 19, 2003 amended Notice of Disapproval, this is a request for a Variance under Section 100-30A.3 to raise the roof to second-story height at the existing single-family dwelling, at less than 35 feet from the front property line. Location of Property: 380 Wicks Road, New Suffolk; Parcel 1000-110-8-17. (Applicant(s) were not present during the hearing.) No opposition was submitted by anyone in the audience.) BOARD RESOLUTION: Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, to conclude the hearing. This Resolution was duly adopted (4-0). (Please note that Mrs. Robin appeared at approximately 10:42 a.m. and apologized for a late arrival. No new information was necessary from Mrs. Robin at this time.) 10:16 a.m. Edward and Roberta Trippe #5300 and #5308. Based on the Building Department's January 21, 2003 amended Notice of Disapproval, applicants request Variances under Sections 100-33, Section 100-31A, to construct an accessory swimming pool and garage/accessory structure in a front yard area. The accessory building was disapproved also as a second dwelling construction, by design. Location of Property: Central Avenue, Fishers Island; Parcel 6-3-6.1. Stephen L. Ham III, Esq. spoke in support of this application and submitted a Memorandum of Law. Also submitted by Mr. Ham during the hearing was one copy of a new floor plan, revised 5/9/2003, replacing his previous floor plans. Opposing the application was Helen Rosenblum, Esq. representing the Opalenskis. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Horning, and duly carried, to adjourn the hearing to June 19th at 9:40 a.m. This Resolution was duly adopted (4-0). The hearing was adjourned to give the applicant time to work on a plan for alternate relief which would increase the conformity and provide less variance relief. 10:42 a.m. Informal Update Earlier Public Hearing #5314: Mrs. Joseph Robin appeared �' briefly and apologized for arriving late regarding her public hearing advertised for 9:50 a.m. c Page 4- Minutes • May 15, 2003 Regular Meeting Southold Town Board of Appeals today. Board Members confirmed they were familiar with her request and that the hearing was concluded without a need for additional information. 10:43 a.m. Anthony Palumbo #5310. Based on the Building Department's January 15, 2003 Notice of Disapproval, applicant requests a Variance under Section 100-244 to construct a new dwelling at less than 50 feet from the rear lot line, at 3550 Grathwohl Road, New Suffolk; Parcel 1000-110-8-3. Mr. Palumbo spoke in support of his application. After discussions Mr. Palumbo was asked to submit a revised map cutting back on the deck size within two weeks. (No opposition was submitted by anyone in the audience.) After receiving testimony, motion was made by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). 11:05 a.m. John Severini #5303. Based on the Building Department's January 10, 2003 Notice of Disapproval, applicant requests a Variance under Section 100-239.413 to construct addition(s) to the dwelling at less than 75 feet from the existing bulkhead, at 565 Gull Pond Lane, Greenport; Parcel 1000-35-46-28.27. Chairwoman Tortora opened the hearing, for which Catherine Mesiano was present. Mrs. Mesiano indicated that it was the applicant's choice for an adjournment. No testimony was offered at this time. BOARD RESOLUTION: On motion by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, it was RESOLVED, to adjourn the hearing without a date, pending written confirmation as to whether representation will be available for the July 24, 2003 Regular Meeting or August 28, 2003 Regular Meeting. This Resolution was duly adopted (4-0). 11:08 a.m. Matthew R. Mauro#5276. Based on the Building Department's November 12, 2002 Notice of Disapproval, applicant requests a Variance under Sections 100-242A and 100-244B for "as built" additions and alterations to an existing dwelling with a single side yard at less than 10 feet. Location of Property: 300 Bartley Road, Mattituck; Parcel 1000- 144-3-29. Appearing was Mr. Mauro, noting the as-built bathroom of 8'6" x 6'6. No opposition was submitted by anyone in the audience during the hearing. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Horning, and duly carried, to conclude the hearing. This Resolution was duly adopted (4-0). SHORT RECESS. RESOLUTION: Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, to recess till 11:20 a.m. The Meeting reconvened, and the Board proceeded with Agenda (Item II) as follows: y Page 5- Minutes May 15, 2003 Regular Meeting Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings at this time.) 11:22 a.m. S. Sachman and A. Quadrani #5302. Based on the Building Department's October 1, 2002 Notice of Disapproval, applicants request a Variance under Sections 100- 33C and 100-32 to locate an accessory swimming pool as an accessory structure at less than 50 feet from the front lot line, at 4705 Nassau Point Road, Cutchogue; Parcel 1000- 111-9-9. Catherine Mesiano appeared. The Board discussed possible alternatives to relocate the new construction between the two existing buildings. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Horning, and duly carried, to adjourn the hearing to June 5, 2003 at 7:10 p.m. This Resolution was duly adopted (4-0). The hearing was adjourned to give the applicant time to work on an alternate plan which would increase the conformity and provide less variance relief. 11:42 a.m. D. and V. Sonnenborn #5315. Based on the Building Department's January 9, 2003 Notice of Disapproval, applicants request a Variance under Sections 100-242A and 100-244, to construct additions/alterations to an existing dwelling at less than 20 feet on a single side yard and less than 45 feet, at 690 Old Woods Path, Southold; Parcel 1000-87- 1- 20. There was no appearance or Ch. 58 notices with proof of mailings completed by the applicants or their agent. The Board considered applicant/architect's 5/7/03 letter for adjournment. BOARD RESOLUTION: On motion by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, it was RESOLVED, to adjourn the hearing without a date, pending written confirmation as to whether representation will be available for the July 24, 2003 Regular Meeting or August 28, 2003 Regular Meeting. This Resolution was duly adopted (4-0). 11:43 a.m. Richard W. Corazzini, Jr. #5304. Based on the Building Department's January 23, 2003 Notice of Disapproval, applicant requests a Variance under Section 100-244 to locate a new dwelling at less than 35 feet from the rear lot line, at less than 25 feet for both side yard setbacks, and with lot coverage over the 20% code limitation. Location of Property: 2925 C. R. 48, Mattituck; Parcel 1000-141-2-13. Mr. Richard Corazzini spoke in support of his application. The Board asked the applicant for modifications to conform on the 35 ft. front yard requirement, and reduce the rear yard to 29 feet as an alternative, and with the same 21% lot coverage. Mr. Corazzini was agreeable and would submit a revised survey to the Board as soon as possible. (No opposition was submitted from anyone in the audience.) BOARD RESOLUTION: After receiving testimony, motion was made by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, to conclude the hearing. This Resolution was duly adopted (4-0). Page 6- Minutes LL May 15, 2003 Regular Meeting Southold Town Board of Appeals 11:53 a.m. Nick Bruno #5309. Based on the Building Department's November 19, 2002 Notice of Disapproval, applicant requests a Variance under Section 100-242A and 100- 239.413 to construct an addition at less than 75 feet from the bulkhead and less than 35 feet from the front and rear property lines, at 115 Sun Lane, Southold; Parcel 1000-76-1-2. No opposition was submitted from anyone in the audience. BOARD RESOLUTION: After receiving testimony, motion was made by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, to conclude the hearing. This Resolution was duly adopted (4-0). II. PUBLIC HEARINGS, continued: The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings at this time.) 11:59 a.m. Claire L. Copersino #5306. Based on the Building Department's January 2, 2003 Notice of Disapproval, applicant requests a Variance under Section 100-244 to construct a second-story addition located with a front yard setback at less than 35 feet, at 580 L'Hommedieu Lane, Southold; Parcel 1000-64-2-53. Ira Haspel, Architect, appeared in behalf of the applicant. No opposition was submitted from anyone in the audience. BOARD RESOLUTION: After receiving testimony, motion was made by Chairwoman Tortora, seconded by Member Orlando, and duly carried, to conclude the hearing. This Resolution was duly adopted (4-0). 12:10 p.m. Board Resolution to break for lunch. Motion was made by Chairwoman Tortora, seconded by Member Horning, and duly carried, to adjourn for lunch. 12:50 p.m. Board Resolution to reconvene. Motion was made by Chairwoman Tortora, seconded by Members Goehringer and Orlando, to reconvene and continue with the Agenda. III. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. Following deliberations, Board action was taken on each of the applications noted below, with the original official determinations filed with the Town Clerk, with copies of the originals attached as part of this set of Minutes): Approved as applied for: J. Langemyr#5247— lot waiver. M. Berdinka#5295— lot waiver. Approved with Conditions: J. Weiskoff#5292—two greenhouses. Ciampa#5251 —additions and accessory pool/multiple variances. Denied without Prejudice: G. Schulteis#5296 —rear setback. Page 7- Minutes May 15, 2003 Regular Meeting Southold Town Board of Appeals rr'_ I No action was taken regarding the following carryovers from prior meetings: N. and C. DiBartolo #5245 — accessory B & B Spec. Exc.. (Written submissions were accepted through May 15, 2003.) Hearing testimony was concluded 4/17/03. New Suffolk Shipyard #5149 —Accepted was a written submission furnished to the ZBA office this afternoon by Eric J. Bressler, Esq., in opposition to this application). Hearing testimony was concluded 4/17/03. PUBLIC HEARINGS, continued from Agenda Item II, supra: The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings at this time.) 1:08 p.m. Duryea Trust #5202 (hearing continued from 3/20/03) -. 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 6-5-10. Susan Young, Architect appeared in behalf of the applicant and displayed larger photo exhibits of this and nearby residential yard areas. (No opposition was submitted by anyone in the audience.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, to conclude the hearing. This Resolution was duly adopted (4-0). 1:24 p.m. AT & T Wireless #5311. This is a request for a Special Exception under Section 100-162 for a public utility wireless telecommunication facility with antennas at the site of Our Lady of Grace Church, Oriental Avenue, Fishers Island; Parcel 1000-9-7-11.1. Lawrence Re, Esq. appeared in behalf of the applicant with Neil McDonald, Architect, Ginny Wattral of Freudenthal and Elkowicz Consultants, Lou Cornacchia, Engineer. (No opposition was submitted by anyone in the audience.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, and duly carried, to conclude the hearing. This Resolution was duly adopted (4-0). AGENDA ITEM VI-C. BOARD RESOLUTION: Motion was offered by Chairwoman Tortora, seconded by Member Horning, and duly carried, to authorize advertisement of the public hearings for June 19, 2003, and the start time of the meeting to be 9:00 a.m. instead of 9:30 a.m. Vote of the Board: Ayes: Members Tortora (Chairwoman), Horning, and Orlando. (Absent was Member Oliva.) (Member Goehringer was absent during the Resolution to make a copy outside of the meeting room) This Resolution was duly Page 8-Minutes May 15, 2003 Regular Meeting Southold Town Board of Appeals AGENDA ITEM VI-D: Correspondence from Jane Schantz regarding Application of N. DiBartolo for an Accessory Bed and Breakfast. Chairwoman Tortora noted that Town Counsel was being consulted regarding this request. (Member Goehringer returned at 1:49 p.m.) PUBLIC HEARINGS, continued from Agenda Item II, supra: The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings at this time.) 1:49 p.m. VIHOLD Corp. and J & C Holdings, Contract Vendee #5313. Based on the Building Department's February 6, 2003 Notice of Disapproval, applicants request a Variance under Section 100-239.4A.1 to construct a new dwelling at less than 100 feet from the top of the bank or bluff of the Long Island Sound, after removal of the existing dwelling. Location of Property: 19625 Soundview Avenue, Southold; Parcel 1000-51-1- 22.2. Abigail A. Wickham, Esq. spoke in behalf of J & C Holdings and the applicant. Objections-concerns were raised by Paul Lancey, adjacent landowner. It was noted that a response from the Suffolk County Soil and Water Conservation District was not yet received. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Horning, and dultr carried, to conclude as to oral testimony and to extend the written comments by May 29' . This Resolution was duly adopted (4-0). 2:20 p.m. George Giannaris, John Giannaris and Others/Hellenic Cabins #5019. Based on the Building Department's March 13, 2003 amended Notice of Disapproval, applicants request Variances under Section 100-244B to construct hotel units in this Limited Business (LB) Zone District, after removal of the existing cabin structures. The new hotel units are proposed to be located at less than 20 feet on a single side yard, less than 45 feet for both side yards (total), and less than 75 ft. rear yard, at 5145 Main Road, East Marion; Parcel 1000-35-2-14. Patricia C. Moore, Esq. and George Giannaris, the applicant, spoke in support of this application. (No opposition was submitted by anyone in the audience.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, to conclude the hearing. This Resolution was duly adopted (4-0). Page 9- Minutes May 15, 2003 Regular Meeting Southold Town Board of Appeals IV. PUBLIC HEARINGS, continued from Agenda Item II, supra: The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings at this time.) 2:27 p.m. Warren Melhado #5287. Based on the Building Department's December 13, 2002 amended Notice of Disapproval, applicant requests a Variance under Section 100- 30A.4 (ref. 100-33) to construct an amateur radio tower in a front yard at a height exceeding the code limitation of 18 feet as an accessory structure. Location of Property: 165 Wood Lane, Southold; 1000-86-6-2.3. Mr. Melhado spoke in support of his application. (No opposition was submitted by anyone in the audience.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Horning, and duly carried, to conclude the hearing. This Resolution was duly adopted (4-0). SHORT BREAK/RESOLUTION: Motion was offered by Chairwoman Tortora, seconded by Member Orlando, and duly carried, to recess for a short break from 2:40 to 2:50 p.m. The Meeting reconvened at 2:50 p.m. IV. PUBLIC HEARINGS, continued from Agenda Item II, supra: The following public hearings were held. (Also available are written transcripts of the oral testimony and statements offered during the hearings at this time.) 2:52 p.m. East Enders/11160 Main Road. Inc. (formerly Cifarelli) #5211. Based on the Building Department's August 16, 2002 Notice of Disapproval, amended February 26, 2003, applicants request Variances under Sections 100-101, 100-242A, and 100-243A: (1) to add a second use on a nonconforming lot, and (2) to construct additions and alterations to an existing building located in the B-General Business Zone District, at 4.4 feet to the front lot lines at its closest point. The second use is proposed on a lot containing less than 60,000 sq. ft. (30,000 sq. ft. for each use), at 11160 Main Road, Mattituck; Parcel 1000-122-3-9. Patricia C. Moore, Esq. spoke in support of this application. Also speaking in support was Tom Leniewski, owner of the adjacent private road (John's Road) and confirmed plans to improve the road with asphalt or similar material. Also present were most of the hearing were representatives of the Town Planning Department (Valerie Scopaz and Bruno Semon). (The hearing was interrupted for two minutes in order to deliberate and vote on the Application of AT & T Wireless before Member Horning left to return to Fishers Island. See Page 10 herein for continued hearing regarding East Enders#5211.) Page 10- Minutes May 15, 2003 Regular Meeting Southold Town Board of Appeals DELIBERATIONS/DECISION (Agenda Item V): The Board deliberated on the following application. Following deliberations, Board action was taken, with the original official determination filed with the Town Clerk, Town of Southold (copy attached) and made an official part of this set of Minutes) Approved as applied for: AT &T Wireless#5311. Member Horning left at 3:18 p.m. PUBLIC HEARING, CONTINUED: The Board resumed the public hearing of East Enders/11160 Main Road, Inc. (formerly Cifarelli) #5211. Opposition and concerns were offered by nearby landowners Luck Miller, Robert Miller, Frank Milowski. Also speaking was Bruno Semon of the Planning Department regarding parking, most of which was met for retail only, and a possible waiver for a few spaces; sanitary also, and that the Planning Board may be filing an application for an Interpretation (if the Planning Board filed an Appeal for Interpretation with the ZBA Monday, it then could be advertised for a June 19th ZBA public hearing). Board Members also discussed consideration with applicant of an in-out circular access around the building. It was suggested that the applicant and the Planning Board get together and return with plan revisions for consideration. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, and duly carried, to adjourn the hearing to July 24, 2003 at 1:00 p.m. This Resolution was duly adopted (3-0). (Members Horning and Oliva were absent.) The hearing was adjourned to give the applicant time to work on an alternate plan which would increase the conformity and provide less variance relief. End of public hearings. AGENDA VI-A Item noted: The next Meeting was confirmed to be a Special Meeting scheduled for 6 p.m. on Thursday, June 5th. (Agenda items may include public hearings adjourned from previous new application calendars, and continued work reviews of other new files for future calendars, and possible deliberations/possible decisions on carryover applications. Page 11 - Minutes May 15,2003 Regular Meeting Southold Town Board of Appeals 0 A There being no other business properly coming before the Board at this time, the Chairwoman declared the Meeting adjourned. The Meeting was adjourned at 4:20 p.m. Respectfully submitted, didal-KwAls((Wd" - Board Secretary 6/16/03 Attachments: Case Decisions (6 Approved for Filing — is A. Tortora, Chairwoman 6-M03 RECEIVED JUL i S ,hold Town Eler