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HomeMy WebLinkAboutZBA-08/22/2002 a` Office Location: ��QF $O!/ryo Mailing_Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) �, P.O. Box 1179 Southold,NY 11971 Southold,NY 11971-0959 14UNTV,� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 MINUTES REGULAR MEETING THURSDAY,AUGUST 22, 2002 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 22, 2002 commencing at 6:30 P.M. Present were: -..Gerard P. Goehringer, Chairman/Member Lydia A. Tortora, Member (8:45 p.m. to end) 4 George Horning, Member Ruth D. Oliva, Member Vincent Orlando, Member Linda Kowalski, ZBA Confidential Secretary 6:34 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: I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION': Motion was made by Chairman Goehringer, seconded by Member Orlando, to declare the following Declarations: Type II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment,bed and breakfast requests: ?THOMAS and KAREN HELINSKI#5153 JOHN and ELLEN KNOUD#5152 :,HARRY and SANDRA HURLBURT#5159 CHESTER and MARY BERRY#5154 DAVID THOMPSON#5162 DOUGLAS DEFEIS#5143 RONALD WINKLER, ELLIOTT STONE,GAIL DOROSKI#5148 MICHAEL BRAVERMAN and MARK STEFURAK#5157 JOSEPH FERRARA#5151 OELIZABETH MACNISH and MARK MACNISH#5172 and#5161 PETER H. and CAROL A. MILLER#5176 i�. Page 2—Minutes Regular Meeting held August 22, 2002 Southold Town Zoning Board of Appeals Unlisted Declarations with Negative Effect on the Environment: - T. and A. LAOUDIS#5150 Others'..pending site plan review or other agency reviews: SEQRA Determination by PB (received 7/12) Re: Appl.#4942—Breezy Sound Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. II. PUBLIC-:HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 6:35 p.m. Appl. No. 5153 —THOMAS AND KAREN HELINSKI. This is a request for a Variance under Section 100-33, based on the Building Department's March 8, 2002 Notices of Disapproval, for accessory garage proposed in a front yard location, in part, on this corner lot with two front yards. Location of Property: 60 Apple Court, Southold Villages Lot 15, Southold; Parcel 70.-1-6.8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close,the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 6:45 p:'m. Appl. No. 5152 — JOHN AND ELLEN KNOUD. This is a request for a Variance under Section 100-242A and 100-244, based on the April 18, 2002 Notice of Disapproval, for a proposed addition to dwelling at less than 50 feet from the rear lot line. Location of Property: 7675 Bay Avenue, Cutchogue; Parcel 10.4-26. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.);; After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Tortora was absent. 6:52 p.m. Appl. No. 5159—HARRY AND SANDRA HURLBURT by S. Ham, Esq. This is a request for Variances under Section 100-242A and 100-244, based on the Building Department's May 6, 2002 Notice of Disapproval for proposed additions and alterations to the existing nonconforming single-family dwelling, for the reason that the now construction will not meet the code's minimum 75 ft. rear yard setback. Locations of Property: East End Road, Fishers Island, bounded north by Walker, east by Sorenson, west by Spofford; County Parcel No. 3-2-10. BOARD RESOLUTION: (Please,i.see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 6:56 pm. Appl. No. 5154 — CHESTER AND MARY BERRY. This is a request for a Variance under Section 100-33, based on the Building Department's April 22, 2002 Notice of Disapproval, for the location of an existing above ground swimming pool/hot r o• �1 7rr Page 3—Minutes Regular Meeting held August 22, 2002 Southold Town Zoning Board of Appeals tub construction located as-built, partly in a side yard. Location of Property: 3460 Westphalia Road, Mattituck; Parcel 114. -1-10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close'the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 7:02 p.i* Appl. No. 5162—DAVID THOMPSON by Jeff Butler. This is a request for a Variance under Section 100-30A.3 and Bulk Schedule, based on the April 4, 2002 Notice of Disapproval, for a mezzanine height, determined by the Building Department to be greater than 2 Y2 stories code limitation. Location of Property: 1400 Soundview Avenue, Orient; Parcel 15.-3-22. 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 (4-0). Member Tortora was absent. 7:19 pain. Appl. No. 5143 —DOUGLAS DEFEIS by Douglas and Lydia Defeis. This is a request for Variances under Sections 100-239.4B and 100-244B, based on the Building Department's April 3, 2002 (2001) Notice of Disapproval to locate new dwelling construction at less than 75 feet from the bulkhead. Location of Property: 1165 Cedar Point Drive West, Cedar Beach Lot 135, Southold; Parcel 90.-1-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.)d' After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board:`' Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent:} 7:35 pain. Appl. No. 5148—RONALD WINKLER, ELLIOTT STONE, GAIL DOROSKI by Jennifer Gould, Esq. This is a request for a Waiver under Section 100-26 to unmerge a vacant lot referred to as Parcel 67-4-20.5 of 7,320 sq. ft., from a merged parcel``of 18,895 sq. ft. referred to as No. 67-4-20.4 and 20.3 (combined as one). This property is located in Peconic Shores. Location of Property: 110 Second Avenue and Butris`Avenue, Peconic; Parcel Nos. 67-4-20.5, 20.3 and 20.4. BOARD RESOLUTION: (Please'see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 8:15 p. h. Appl. No. 5157—MICHAEL BRAVERMAN AND MARK STEFURAK by Jim Fitzgerald. This is a request for a Variance under Sections 100-242A and 100-244, based on the Building Department's April 4, 2002 Notice of Disapproval, for proposed additions/alterations at less than 35 feet from the rear lot line. Location of Property: 2755 Cedar Beach Road, Southold; Parcel 91.-1-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close t4e hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). Member Tortora was absent. 8:18 p.'n. Appl. No. 5151—JOSEPH FERRARA by P. Moore, Esq. This is a request for a Variance under Section 100-62, based on the Building Department's March 13, 2002 Notice bf Disapproval concerning alterations to an existing single-family dwelling in !4 Page 4—Minutes Regular Meeting held August 22, 2002 Southold Town Zoning Board of Appeals the RP,,,Zone District. The reason the building permit application was disapproved is that tl'e Building Department determined the as-built construction does not conform to the:;-:code limitation of 2% stories. Location of Property: 2170 Maple Lane, Greenport; Parcel 38.-8-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered''.by Chairman Goehringer, seconded by Member Orlando, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 8:45 p.m. RESOLUTION(BREAK): Motion was offered by Chairman Goehringer, seconded by Member Oliva, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 8:50 p;h. RESOLUTION (RECONVENE): Motion was offered by Member Oliva, seconded by Chairman Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. 8:50 p.m. Member Tortora arrived. PUBLIC HEARINGS. CONTINUED FROM II. above: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as,published: 8:51 p!m. ELIZABETH MACNISH AND MARK MACNISH by G. Strang, R.A. and Mrs. Aficnish. Location of Property: 35995 Main Road, Cutchogue; Parcel 97.4-21. Appl. No. 5172 —This is a request for Variances under Sections 100-242A and 1100-24413, based on the Building Department's December 17, 2001 (June 7, L2002) Notice of Disapproval for proposed additions/alterations, proposed at less ,than 10 feet on a single side yard, less than 25 feet for total combined side ;;yards, and front setback at less than 35 feet. The dwelling is existing with .-nonconforming front yard setback. jR. "Appl. No. 5161—This is a request for a Special Exception under Section `400-3113 to establish an Accessory Bed and Breakfast Use with three guest rooms, for up to six(6)transient guests, in the owner's existing residence. BOAR4 RESOLUTION: (Please see transcript of written statements prepared under separab cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to close the hearing, reserving decision pending receipt of information on front yard setback. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:13 p.m. Appl. No. 5176—PETER H. AND CAROL A. MILLER. This is a request for a Variance under Section 100-244B, based on the June 6, 2002 Notice of Disapproval, for proposed additions and alterations to the dwelling. The front yard is proposed at less than 40 feet; the existing setback is nonconforming at 6.5+/-feet. Location of Property: 10575 Main Road, East Marion; Parcel 31.-4-16.5. BOARD RESOLUTION: (Please .see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by jai% Page 5—Minutes Regular Meeting+;held August 22, 2002 Southold Town Zoning Board of Appeals Member Horning, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:24 p.m. Appl. No. 5150—T.AND A. LAOUDIS by P. Moore, Esq., Mr. Mendlebaum, opposition. This is a request for a variance under Section 100-231, based on the April 20, 2002 Amended Notice of Disapproval, for two stone wall entry gates at a height above the code limitation of four feet, when located in the front yard. Location: 635 Kimberly Lane, Southold; Parcel 70.-13-20.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to recess the hearing to September 5, 2002. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:45 p.in. RESOLUTION(BREAK): Motion was offered by Chairman Goehringer, seconded by Member Oliva, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:50 p.m. RESOLUTION (RECONVENE): Motion was offered by Member Oliva, seconded by Chairman Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:50 p. n. Appl. No. 5084 — 640 CHURCH ST LLC by Tom McCarthy, McCarthy Management and G. Chituk; Rev. Fulford, Pastor, Regina Seltzer, Esq., representing residents and others, opposition. This is a request for Variances under Section 100- 235A.1 '100-143A and 100-142, and New York Town Law Section 280-a, based on the Building Department's January 10, 2002 Notice of Disapproval, concerning a new building proposed in the Light-Industrial Zone District: (1) with a building frontage (width),-,greater than 60 ft. long, (2) at less than 70 feet from the rear lot line, (3) for a determination of minimum specifications for safe access by fire and emergency vehicles to this lot without frontage on a town street; and (4) with a setback of less that 100 feet from the right-of-way. Property Location: 640 Church Lane, Cutchogue; Parcel 96.-1- 11.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to recess the hearing to October 3, 2002. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). .i III. DELIBERATIONSIDECISIONS: The Board deliberated on the following applications. The originals oPeach of the following applications were decided, with the original determinations=filed with the Southold Town Clerk: RESOL"•UTION ADOPTED: Appl. No.5099—MATTITUCK HISTORICAL SOCIETY. Motion4as offered by Chairman Goehringer, seconded by Member Horning and duly carried f to withdraw application without Prejudice, in accordance with applicants request;.Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). APPROVED WITH CONDITIONS ?% ROBERT and MARYANN SKLOBICKI#5155. Page 6—Minute Regular Meeting.;held August 22, 2002 Southold Town Zoning Board of Appeals IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Chairman Goehringer confirmed the next Special Meeting 6:00 PM to be held on Thursday, September 5, 2002, Town Hall Annex, NFB Second Floor Executive Board Room. -$. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Oliva, and duly carried, to confirm inspections and hearings on new applications for September 19, 2002 at 6:15 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). :C. RESOLUTION ADOPTED re: BREEZY SOUND SHORES: Motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly ' carried to advertise and calendar for October 19, 2002, Public Hearing subject to Town Board or Town Attorney responding to Moratorium question. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). There ;being no other business properly coming before the Board at this time, Chairman GoAringer declared the meeting adjourned. The meeting was adjourned at 11:50 P.M. Respectfully submitted, �i�GL��it/G2L'�"L _ Linda Kowalski Inclu y Refere ce: filed ecision (1) G and P. Goelringer, hair n Approved for Filing RECE IVED 3 =0` 4TJd2 6 20 14 7 wit tmerN fi: