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HomeMy WebLinkAboutZBA-10/17/2002 APPEALS BOARD MEMBERS o�OS�fFO�,�-�O Southold Town Hall Gerard P. Goehringer, Chairman =� Gyp 53095 Main Road Lydia A.Tortora:: y Z P.O. Box 1179 George Horning:, • Southold,New York 11971-0959 Ruth D. Oliva y �� ZBA Fax(631) 765-9064 Vincent Orlando: ��l �►a Telephone (631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR,MEETING THURSDAY, OCTOBER 17, 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, October 17, 2002 commencing at 6:15 P.M. Present were: Gerard P. Goehringer, Chairman/Member Lydia A. Tortora, Member George Horning, Member Vincent Orlando, Member Paula Quintieri Absent was: Ruth D. Oliva, Member 6:20 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: ROBERT and DONNA M. MOSQUERA#5185 JOEL LAUBER#5190 CHARLES SIDOROWICZ#5179 DAVID BELL and RICHARD BURKHARDT#5192 PATRICK W. LOHN#5200a PAUL and LISA HOLOBIGIAN#5180 WILLIAM SEIFERT#5184 CHARLES and ROSEMARY LUSCHER#5194 RAYMOND AKSCIN#5187 SHIRLEY KRAM AND KR.AM FAMILY TRUST##5189 THOMAS SAMUELS AND NANCY STEELMAN#5181 Page 2—Minutes Regular Meeting held October 17, 2002 Southold Town Zoning Board of Appeals MARTEM MANAGEMENT (A. MARINAKAS)#5230 R. W. REINIGER#5182 LISA EDSON#5032b MADELINE DROEGE#5186a Unlisted Declarations with Negative Effect on the Environment MAINTREE CORPORATION#5193 PATRICK W. LOHN#5200b MADELINE DROEGE#5186b, c LISA EDSON#5032a, c SANG LEE FARMS#5204 Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva 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: 6:25 p.m. Appl. No. 5185 — ROBERT and DONNA M. MOSQUERA by Robert Mosquera. Request for a Variance under Section 100-244, based on the Building Department's June 17, 2002 Notice of Disapproval. Applicants are proposing to construct additions/alterations to an existing dwelling with less than 35 feet from the front lot line and less than 35 feet from the rear lot line, at 370 Hobart Road, Southold; Parcel 62-3-6. 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 Oliva was absent. 6:41 p.m. Appl. No. 5190 — JOEL LAUBER. Request for a Variance under Section 100-32 based on the Building Department's September 23, 2002 Notice of Disapproval (replacing the August 13, 2001 Notice), for the reason that the zoning code restricts the height of a one family dwelling to 2 % stories. Applicant is proposing to make additions and alterations to an existing dwelling with a third story habitable space. Location of Property: 4090 Orchard Street, Orient; Parcel 27-3-3.13 (nonconforming size of 79,300 +/- sq. ft. in an R200 Residential Zone District). 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 verbatim portion of the hearing, and extend the written portion to November 14, 2002. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 7:00 p.m. Appl. No. 5174—ARLENE MANOS by C. Mesiano. (Hearing carryover from September 19, 2002 for Suffolk County Soil and Water Conservation District reply to ZBA inquiry. Reply received September 23, 2002). Pool at less than 100 feet from bluff at 2000 Sound Drive, Greenport. 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 Page 3—Minutes Regular Meeting held October 17, 2002 Southold Town Zoning Board of Appeals the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 7:07 p.m. Appl. No. 5179 — CHARLES SIDOROWICZ by C. Sidorowicz; Eleanor Sievernich, neighbor. Request for a variance under Sections 100-30A-4 and 100-33, based on the Building Department's June 5, 2002 Notice of Disapproval for a location of a new accessory garage in a side yard area. Site Location: 3300 Cox Neck Road, Mattituck; Parcel 113-8-4. 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 December 5, 2002. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 7:14 p.m. Appl. No. 5200 — PATRICK W. LOHN by Patrick Lohn. Request for a Variance under Section 100-244B, based on the Building Department's June 14, 2002 Notice of Disapproval. Applicant is proposing to construct a new dwelling (after demolishing the existing dwelling), and the new dwelling will be less than 35 feet from the front lot line, and the lot coverage will exceed the code limitation of 20% of the total lot area. Location of Property: Corner of Minehaha Blvd., and Wabun Street (at Laughing Water), Southold; Parcel 87-3-55. 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 Oliva was absent. 7:28 p.m. Appl. No. 5180 — PAUL and LISA HOLOBIGIAN by William Hulse. Request for a Variance under Section 100-242A and 100-30A.4, based on the Building Department's June 11, 2002 Notice of Disapproval. Applicants propose to enclose the existing addition, with an increase in the degree of nonconformity of the existing garage in a side yard. Location of Property: 1155 Marlene Lane, Mattituck; Parcel 144-3-3. 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 Oliva was absent. 7:30 p.m. Appl. No. 5184—WILLIAM SEIFERT by G. Strang,Architect. Request for a Variance under Section 100-242A and 244B, based on the Building Department's June 19, 2002 Notice of Disapproval. Applicant is proposing to construct additions/alterations to an existing dwelling with setback at less than 35 feet from the front lot line and less than 35 feet from the rear lot line, at 7145 Soundview Ave., Southold; 1000-59-6-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to recess the hearing to January 9, 2003. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 7:45 p.m. Appl. No. 5194 — CHARLES and ROSEMARY LUSCHER. Request for a Variance under Section 100-242A and 100-242, based on the Building Department's June 16, 2002 Notice of Disapproval. Applicants propose a second-story addition in a nonconforming location (existing dwelling) at less than 35 feet from the front lot line, Page 4—Minutes Regular Meeting held October 17, 2002 Southold Town Zoning Board of Appeals less than 10 feet on a single side yard, and less than 25 feet for a total side yard area, at 820 Bayview Drive, East Marion; Parcel 37-5-6. 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 approve this application as applied (see Findings, Deliberations, Decision as filed with Town Clerk). Vote of the Board: Ayes: All. This Resolution was duly adopted (4- 0). Member Oliva was absent. 7:50 p.m. Appl. No. 5204 — SANG LEE FARMS by Fred Lee; Nancy Steelman, Tom Wickham, Robert VanBourginden, Prudence Hudson and Jerri Woodhouse. Request for a Variance under Zoning Code Section 100-13, based on the Building Department's August 19, 2002 Notice of Disapproval for the reason that the farm structure does not meet the definition of a farm stand under Section 100-13. In addition, the Notice of Disapproval 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: 25189 CR 48, Peconic; Parcel Nos. 84-5-1.2 and 1.3 (as one lot). 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 Oliva was absent. 8:20 p.m. RESOLUTION(BREAK): Motion was offered by Chairman Goehringer, seconded by Member Horning, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 8:30 p.m. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer, seconded by Member Orlando, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. II. PUBLIC HEARINGS. CONTINUED FROM above: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 8:30 p.m. Appl. No. 5189 - SHIRLEY KRAM AND KRAM FAMILY TRUST by J. Fitzgerald; Susan Valin, neighbor. Request for a Variance under Section 100-242A, 100-239.413 and 100-244B, based on the Building Inspector's May 6, 2002 Notice of Disapproval. Applicants propose a new accessory garage with a setback at less than 35 feet from the front lot line, and to construct new additions and alterations to a dwelling in an existing nonconforming location, with setbacks at less than 75 feet from the bulkhead. Location of Property: 100 West Lane, Southold; Parcel 88-6-12. 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 Oliva was absent. Page 5—Minutes Regular Meeting held October 17, 2002 Southold Town Zoning Board of Appeals 8:50 p.m. Appl. No. 5181 —THOMAS SAMUELS AND NANCY STEELMAN. Request for a Variance under Section 100-242A and 100-33, based on the Building Department's June 13, 2002 Notice of Disapproval. Applicants propose to construct additions and alterations to an existing accessory building located in a nonconforming front yard location (rather than a rear yard), at 7090 New Suffolk Road, New Suffolk; Parcel No. 117-6-7.1; (former CTM Nos. 7 and 4 combined as one). 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 Oliva was absent. 8:54 p.m. Appl. Nos. 5158 and 5240 as Amended — MARTEM MANAGEMENT (A. MARINAKAS) by P. Moore, Esq., Ray Bombadiere, Manny Karavanis. Location of Property: East Side of Stars Road, East Marion; Parcel No. 22-4-20 and 28 (as one lot). Applicant requests Variances for a tennis court, based on the Building Department's April 2, 2002 Notice of Disapproval, to locate a tennis court structure: 1) at less than five feet from lot line(s), (2) in a yard other than a permitted rear yard, and (3) with a lot coverage over the code limitation of 20%, and (4) based on the September 20, 2002 Notice of Disapproval for fencing over four feet in height, Section 100-231. 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 pending receipt of additional information from attorney. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 9:23 p.m. Appl. No. 4942 —BREEZY SOUND CORP. by P. Moore, Esq., Byron Cabot, Ken Tedaldi, Neil Esposito, Jack Levin, Bruce Garatano (owner Blue Dolphin), Darlene Duffy (family owns Silver Sands motel). Request for a Special Exception under Section 100-60B(4), for permission to establish a new 68-unit motel with motel office, pool house for motel guests, and motel manager's apartment, on 7.13 total acres in this Resort Residential (RR) zone District. Location of Property: North Side of CR 48 (a/k/a North Road)(opposite San Simeon Nursing Home), Greenport; Parcel 45-01-2.1. 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 January 9, 2003. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 10:25 p.m. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded by Member Orlando, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 10:38 p.m. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer, seconded by Member Orlando, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. II. PUBLIC HEARINGS. CONTINUED FROM above: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: Page 6—Minutes Regular Meeting held October 17, 2002 Southold Town Zoning Board of Appeals 10:38 p.m. Appl. No. 5182 — R. W. REINIGER by J. Fitzgerald. Request for a Variance under Section 100-242A and 100-244, based on the Building Department's April 22, 2002 Notice of Disapproval. Applicant is proposing to construct additions/alterations in a nonconforming location (existing dwelling) with a front setback at less than 35 feet and a rear setback at less than 35 feet, 3500 Lighthouse Road, Southold; Parcel 50-2-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horning, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 10:40 p.m. Appl. No. 5187 — RAYMOND AKSCIN by Kevin McLaughlin, Esq., Helen Finnigan, Raymond J. Akscin, P. Moore, Esq. Request for Lot Waivers under Section 100-26 to unmerge: (a) a vacant parcel of 20,000+/- sq. ft. referred to as 1000-89-2-5.2, (b) a vacant parcel of 20,000+/- sq. ft. referred to as 1000-89-2-3, and (c) an improved lot with 1.6+/- acres of land remaining referred to as 1000-89-2-5.1. Based on the Building Department's April 12, 2002 Notice of Disapproval, corrected September 25, 2002, the properties have merged under Section 100-25 due to common ownership with the first lot at any time after July 1, 1983. Zone District: R-80 Residential. Location of Property: 105 and 265 Orchard Lane, and 1800 Cedar Beach Road, Southold; Cedar Beach Park Map Lot Nos. 25, 27 and 28. 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 to the verbatim portion of the hearing and extend the written portion to November 14, 2002. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 11:11 p.m. Appl. No. 5032 — LISA EDSON by P. Moore, Esq. and Mark Schwartz, Architect, Mary Kirsch. Request for Variances under Sections 100-32, 100-231 and 100-235A.1, and New York Town Law Section 280-a, based on the Building Department's July 5, 2001 and September 20, 2001 Notices of Disapproval concerning: (1) a retaining wall proposed at a height greater than the code limitation of 4 feet along or in a front yard area, (2) proposed deck construction with a zero setback from the front yard line, and from the private right-of-way, at its closest point; and (3) a determination as to minimum specifications at the base of a private right—of-way (land owned now or formerly by Mary Kirsch referred to as 87-5-24), to establish standards of improvement for safe access by fire and emergency vehicles (applicant's lot does not have direct frontage on a town street). Location of Property: Extending 450 ft. over a Private Right-of-Way, commencing at a point on the north side of Bayview Road (9326), Southold; Parcels 87-5-25 and 24. 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 Oliva was absent. 11:31 p.m. Appl. No. 5193 — MAINTREE CORPORATION by R. Lark, Esq., Karen Voss, Joan Tototoro, owners, Darlene McGuinnis. Request for a determination authorizing a change of use for an "adult residence" home to a "tourist" home from overnight guests (sometimes referred to as a country inn) under Sections 100-31 and 100-241, based on the Building Department's June 27, 2002 Notice of Disapproval. A prior variance (#990) granted a change of use from multiple residence to an adult rest Page 7—Minutes Regular Meeting held October 17, 2002 Southold Town Zoning Board of Appeals home in 1966. Location: 25500 Main Road, Orient; Parcel 18-6-10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to recess the hearing to December 5, 2002. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. III. 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: APPROVED AS APPLIED CRAZY CHINAMAN CORP.#4778 CHARLES and ROSEMARY LUSCHER#5194 APPROVED WITH CONDITIONS MR. and MRS. F. KIKIRAS#5170 SANG LEE FARMS#5204 IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Orlando, and duly carried, to confirm the next Special Meeting Tuesday October 29, 2002 at 6: 45 p.m., to be held at Southold Town Hall, 53095 Main Road, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. There being no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 12:30 P.M. Respectfully submitted, ,� fY./1dA-adKow­aleski Incl ed by Refer e Fil ZB ec' ions (4) REC IV D Ger P. Goe ringer, Chairma o� ' proved for Filing NOV 4 2009 Southold TWO Clerl