HomeMy WebLinkAboutZBA-08/21/2003 APPEALS BOARD MEMBERS ��S11FF0��-C
h�0 spy Southold Town Hall
Lydia A. Tortora, Chairwoman c 53095 Main Road
Gerard P. Goehringer H 2 P.O. Box 1179
George Horning', O .F Southold,New York 11971-0959
Ruth D. Oliva ZBA Fax(631)765-9064
Vincent Orlando:, �a Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING'
THURSDAY, AUGUST 21, 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, August 21, 2003 commencing at 9:00 A.M.
Present were:
Lydia Tortora, Chairwoman/Member
Gerard P. Goehringer, Member
George Horning, Member (left 4:10 p.m.)
Ruth D. Oliva, Member
Vincent Orlando, Member
Linda Kowalski, ZBA Confidential Secretary
Florence Wiles, ZBA Court Reporter
9:12 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:
CHARLES BOCKLET#5364.
DONALD ANNINO#5372.
LINDA FASBACH#5375.
ANDREW NIKOLICH#5368.
JOSEPH, DOROTHY and SUSAN ULRICH#5370.
ANN MARIE KELLY#5373.
JOSEPH FARRELUORIENT POINT HOLDING CO.#5374.
ALFRED MAGILL#5362.
BENJAMIN AND PATRICIA CALDERONE#5361,#5409.
PAUL PAWLOWSKI/REFLECTING NATURE LANDSCAPING INC.
MICHAEL AND CATHY LEHRHOFF#5376.
OMNIPOINT COMMUNICATIONS, Lessee(GEORGE L. PENNY, INC., Owner)
Page 2-Minutes
Regular Meeting held August 2 L, 2003
Southold Town Zoning Board of Appeals
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
RESOLUTONS/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:
DENIED:
HELEN THEOHARIS-#5331
.APPROVED AS APPLIED:
57. and J. FROHNE #5317
PUBLIC HEARINGS: The following public hearings were held, with Chairwoman.Tortora
introducing-each application, and Member reading of the Legal Notice as published:'
9:33 a.m. E. and.R. TRIPPE#5300 and #5308 (carryover from 5/15). Stephen L. Ham 111,
Esq. : 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; 6-3-6.1: (Pending-
submission of 6/19 amended Floor Plans by applicant to Building Department for
determination.) BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testirony, motion was offered by
Chairw,bman'Tortora, seconded by Member.Orlando, to adjourn the hearing, to October 23,
2003 of 9:30 a.m. Vote of the Board:'Ayes: All. This Resolution was duly adopted.(5-0).
9:47 a:m. DEBRA VICTOROFF #5334. Jim Fitzgerald Proper-T 'Services, Inc:; H.
Rosenblum, Esq., for opposition. .(Carried from 6/19 — pending review by Building
Department of proposed location of accessory pool; also for Mr. T. Roslak, adjacent
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 fear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 & 29.1 (as
one lot).. BOARD RESOLUTION: (Please see transcript of written statements.prepared
under separate cover.) After receiving testimony, motion was offered by Chairwoman
Tortora., seconded by Member Goehringer, to adjourn the hearing, to October 23, 2003 at
9A0 a,*m" .. Vote,of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:03 a.m. CHARLES BOCKLET#5364. Garrett.Strang,Architect; Pat Wood, opposition. .
Based;;on the Building Department's April .14, 2003 Notice of,Disapproval, amended July
14, 2003, applicant requests a Variance under Section 100-30A.3 to , construct
additions/alterations to an existing dwelling with a rear yard at less than 50 feet, at 1295
Robinson Lane, Peconic; CTM #1000-98-5-2, 3 and 4 (combined as one). BOARD '
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.) After receiving testimony, motion was offered by Chairwoman Tortora, seconded
by Member Harding, to adjourn the hearing, to November 20, 2003 at 9:30 a.m. Vote of
the Board: Ayes: AII. This Resolution was duly adopted (5-0).
0.
Page 3-Minutes
Regular Meeting held August 21, 2003
Southold Town;Zoning Board of Appeals
10:29 a.m. DONALD ANNINO #5372: Based on the Building Department's May 9, 2003.
Notice`::of Disapproval, applicant requests a Variance under Section 100-244 to construct
an addition to the existing dwelling with.a rear yard setback at less than 50 feet, at 1400
Hiwathas Path, Southold; CTM"#78-3-48. BOARD RESOLUTION: (Please see transcript
of written statements prepared under separate cover:) After receiving testimony, motion
was offered by Chairwoman Tortora,'seconded by Member Oliva, to close the hearing
reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).,
Member Goehringer was absent during this hearing.
10:33 a.m. DONALD AND VIVIAN SONNENBORN #5315. Rob Lehnert, Blvd., Planning
East, Architect. 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 with side yards at less than 20 feet on
a single yard and less than 45 feet for both yards, at 690 Old Woods Path, Southold; CTM,,
#87-1-20. BOARD RESOLUTION: (Please see transcript of written statements prepared -
under +separate cover.) After receiving testimony,_motion was offered by Chairwoman
Tortora, seconded by Member Oliva, to close the hearing reserving decision. Vote of the
Board:;Ayes: All-.,-This Resolution was duly adopted (5-0).
10:41 a.m. LINDA FASBACH #5375. Meryl Kramer, Architect, R. Lark,.Esq. 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 proposed: (1) addition to an
existing dwelling with total side yards at less than 25 feet, (2) 'as built' deck addition at
less then 75 feet from the bulkhead, (3) lot coverage in excess of the:code limitation of
20% of'the lot size. Location of Property: 2905 Bay Shore Road, Southold; CTM #53-6-4.
BOARD RESOLUTION: (Please see transcript of.written statements prepared under .
separate cover,) After receiving testimony, motion was offered.by Chairwoman Tortora,
seconded, by Member Goehringer, to close the hearing reserving decision - rescinded;_
adjourned to October 23, 2003 at,9:50 a.m. at request of R. Lark, Esq. Vote of the Board:
Ayes: All; This Resolution was duly adopted (5-0).
11:03 a.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). "
11:18 a.m. RESOLUTION.(RECONVENE): Motion was offered by Chairwoman Tortora,
seconded by Members Goehringer and Orlando, to reconvene the meeting. Vote of the
Board-.,,,Ayes: All. This Resolution was duly adopted (5-0).
PUBLIC HEADINGS; CONTINUED FROM III above: The following public hearings were
held, with Chairwoman Tortora introducing each application,:and Member reading of the
Legal Notice a.§ published:
11:20 a.m. ANDREW NIKOLICH #5368. Based on the Building Department's April 25,
2003 Notice of Disapproval, amended May 6, 2003, applicant is requesting variances for
an accessory shed and addition to the existing dwelling, both less than 75 feet from the
bulkhead,at 850 Budds Pond Road, Southold; #56-5-15. BOARD RESOLUTION: (Please .
see transcript of written statements prepared under separate cover.) After receiving
testimony, motion was offered by Chairwoman Tortora, seconded by Member Horning, to
close,the hearing reserving decision. 'Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
1 ,
Page 4-Minutes
Regular Meeting held August 21, 2003
Southold Towri`Zoning Board of Appeals
11:25 a.m. JOSEPH; DOROTHY AND SUSAN ULRICH #5370. Jim Fitzgerald, Prop er-T
Permit�$ervice. Based on the Building Department's March 31, 2003 Notice of Disapproval,
applicants request a Variance under Section 100-244 for an 'as-built' deck addition at less
than 50 feet from the rear property line, at 2345 Mill Creek Drive West, Southold; CTM
#51-6-3.9. BOARD RESOLUTION: (Please see transcript of written statements prepared
under ;separate cover.) After receiving testimony, Motion was offered by Chairwoman
Tortora; seconded by Member Orlando, to close the hearing reserving decision. Vote of
the Board: Ayes: All. This Resolution was duly adopted (5-0).
11:30 a.m. ANN .MARIE KELLY #5373.' Bruce Anderson, Suffolk Environmental
Consulting. Based on the Building Department's April 16, 2003 Notice of Disapproval,
applicant requests Variances under Sections 100-242A, 100-244, and 100-239.413 for
additions to the'existing dwelling: (a)at less than 35 feet from the front lot line, and (b) less
than 75 feet from the bulkhead, at 600 Private Rd. #4, Orient; CTM #24-2-11. BOARD
RESOLUTION: (Please see transcript of written statements prepared under separate
cover.)'. After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the verbatim portion of hearing pending receipt of
elevation and floor plan and site setback information by September 11, 2003. Vote of the
Board:;.Ayes: All. This Resolution was duly adopted (5-0).
11:51. a:m. JOSEPH FARRELUORIENT POINT HOLDING CO. #5374. Bruce Anderson,
Suffolk,.Envi ron mental Consulting. Based on the Building Department's March 21, 2003
Notice`of.Disapproval,t applicant requests a Variance under Section 100-244 to locate a
new dwelling at less than 35 feet from the front lot line, at 235 Mill Creek Drive, Southold;
CTM #:135-4-26. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) After receiving testimony, Motion was offered by
Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
s
12:12 pm. ALFRED MAGILL#5362. Based on the Building Department's April 21, 2003
Notice.of Disapproval; applicant is requesting a Variance under Section 100-244B for. .
proposed alterations to an accessory garage existing at less than 35 feet from the front lot
line, at:'1145 Fleetwood Rd, Cutchogue; CTM#137-4-26. BOARD RESOLUTION: (Please
see transcript of-written statements prepared under separate cover.) After. receiving
testimony, Motion was offered by Chairwoman Tortora, seconded by Member Goehringer,
to close the verbatim portion of the hearing pending receipt of written and alternate plan by
October.15, 2003. Vote of the'Board: Ayes:.All. This Resolution was duly adopted (5-0).
12:30 .m. RESOLUTION (LUNCH): Motion was offered by Chairwoman Tortora,
seconded by Member Goehringer, to recess for lunch. Vote;of the Board: Ayes: .
All. This Resolution was duly adopted (5-0).
1:05 p:m. RESOLUTION (RECONVENE): . Motion was,offered by- Chairwoman
Tortora, seconded by Members Oliva and Horning, to reconvene the meeting. Vote ,
of the,`,Board: Ayes: All. This Resolution_was duly adopted (3-0). Members
Orlando and Goehringer arrived.at 1:12 p.m.
PUBLIC HEARINGS, CONTINUED FROM III, above: The following public hearings were
held, with Chairwoman Tortora introducing each application, and Member reading of the .
Legal Notice as published:
1:05 p.m. BENJAMIN AND PATRICIA CALDERONE #5361 and #5409. John Mahlev,
Architect. Based on the Building Department's May 15, 2003 Notice of Disapproval,
Page 5—Minutes
Regular Meetirig"held August 21, 2003
Southold Town Zoning Board of Appeals
applicants request a Variance under Section 100-30A for an addition with a separate .
entrance, which addition will,contain habitable living space, including two bedrooms, an
eat-in kitchen, a living room and a bathroom. In the alternative, a Special Exception 'and.
Variance under Sections 100-31 B and 100-32 are requested, based on the Building
Department's determination that this lot does not contain the required 80,000 sq. ft. of land
area and a two-family dwelling is permitted by Special Exception. Location of Property:
280 Pond Avenue, Southold; CTM#56-1-part of 2.1. 'BOARD RESOLUTION: (Please see
transcript of written statements prepared under separate cover.) After receiving testimony,
Motion.;was'offered by Chairwoman Tortora, seconded by Member Horning, to close the
hearing: reserving decision. Vote of the 'Board: Ayes: 'All. This Resolution was duly
adopted,(4-0). Member Goehringer was absent at this time. `
1:13 p.m. PAUL PAWLOWSKI/REFLECTING NATURE LANDSCAPING INC. (a) #5365-
A for Variances under Sections 100-82A and 100-83A, based on the Building Department's
April 22, 2003 Notice of Disapproval, to establish business use on this 47,741•sq.-ft.parcel
and construct a building on the existing 47,760 sq. ft. lot, and with a setback at less than
100 feet from the right-of-way facing Cox Neck Road; and (b) #5365-SE for a Special
Exception_under Section 100-81 B(2) to establish contractors' business and/or yard in this ,
Limited Business Zone District. Location of Property: 260 Cox Neck Road, Mattituck; _
Heritage Harbor Filed Map,.Lot #10; CTM #11(3=14-10. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) "'After receiving
testimony, Motion was offered by Chairwoman Tortora, seconded by Member Orlando, to
close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was
duly'adopted (5-0).
1.:28 p.m. MICHAEL AND CATHY LEHRHOFF#5376. Based on the Building
Department's March 4, 2003 Notice of Disapproval, amended May 20, 2003, applicants.
request' a Variance under Sections 100-242A and 100-244B in their request for an
amend]lent to Building Permit #28945-Z,. for.deck extensions, portions of which do not
meet the required 40 ft. front setback and 50 ft. rear setback, at 230•Wunneweta Road,
Cutchogue; CTM #104-11-12.1. .BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, Motion was offered
by Chairwoman Tortora, seconded by Member Orlando, to close the hearing reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
1:50 p.m. OMNIPOINT COMMUNICATIONS. Lessee (and GEORGE L. PENNY INC
Owner)'#5357. Jacqueline Fleming, Esq; Fred Bouffard,,Janet Ciamancone, opposition.
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
of Property: '12585 Sound Avenue, Mattituck; Parcel 1000-141-3-38.1. BOARD
RESOLUTION: (Please see transcript of written statements prepared under,separate
cover.).1 After receiving testimony, Motion was offered by Chairwoman Tortora, seconded
by Member Orlando, to adjou?n the hearing to October 23, 2003 at 1:00 p.m. Vote of the
Board: .Ayes: All. This Resolution Was duly adopted (5-0).
2:58 p.m. RESOLUTION (BREAK): Motion was offered,by Chairwoman Tortora, seconded
by Member Oliva, to take a short recess. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
Page 6-Minutes
Regular.Meeting held August 21, 2003
Southold TownzZoning.Board of Appeals
3:09 p.m. RESOLUTION (RECONVENE): Motion was offered by.Chairwoman Tortora,
seconded by Member Oliva, to reconvene the meeting. Vote of the Board: Ayes: All.
This Resolution was duly adopted (4-0). Member Orlando was absent.
r
PUBLIC HEARINGS, CONTINUED 'FROM,III, above: The following public hearings were ,
held, with Chairwoman Tortora introducing each application; and Member reading of the
Legal Notice as published:
3:09 p.m. MARY ZUPA #5266. Eric Bressler, Esq. Opposition: S. Angel, Esq., Andrea
Collier for Mrs. Curcuru; Mary Alberi.Pinker, Mark Klein, Helen Alberi. (Written submitted
by attorneys of record on 7/18 as agreed).. (Carryover from July 241h agenda/hearing).
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. Property Location: 580 Basin Road,
Southold (Paradise .Point); CTM #81-1-16..7.' BOARD RESOLUTION: (Please see'
transcript of written statements prepared under separate cover.) After receiving testimony,
Motion,'was offered by Chairwoman Tortora, seconded by Member Horning, to close the
hearing,'i reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted'(4-0). Member Orlando was absent. ,
3:50 pm. NICOLO AND CAROL-INE DIBARTOLO #5254 — Request fora Special
Exception under Section_ 100-31B, to establish Accessory Bed and Breakfast Use for
lodging`;and serving of breakfast,to transient guests, in' conjunction.with the owner's-
residence at 475 Condor Court (extends off the east side of North Oakwood Rd), Laurel;
..Parcel ',.1000-127-3-6.2. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) After receiving testimony, Motion was offered
by Chairwoman Tortora, seconded by Member Orlando, to close to verbatim and extend
written. until September 18, 2003. Vote of the Board: Ayes: All. This Resolution was duly
adopted(4-0). Member Horning was absent.
�. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER:
A.' Chairwoman Tortora confirmed Special Meeting 6:00 p.m. September 11, 2003:
Agendaitems may include public hearings adjourned from August 21, 2003 new
application calendar, continued work reviews of new files for future calendars; possible
findings/decisions on carryover applications..
B. Newsbusiness—.Revised calendar of meetings.
C. RESOLUTION ADOPTED: Motion was offered by Chairwoman Tortora, seconded by
Member Goehringer, and duly carried to authorized advertising of new hearings for
September 25, 2003, Regular Meeting. Vote-of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Member Horning was absent
1
Page 7-Minutes
Regular Meeting held August 21, 2003
Southold Town Zoning Board of Appeals
There -being no other business properly coming before the Board at this time,
Chairwoman Tortora declared the meeting adjourned. The meeting was adjourned at
4:30 P.M.
Respectfully submitted,
lend;a Kowalski
ZBA Confidential Secretary
Included b eferen e ZBA De isions (2)
era . Goehringer
A oved for Filing
RLC
DEC
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Southold TOft'"Colerl
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