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Home My WebLink AboutZBA-02/26/2004 APPEALS BOARD MEMBERS 0 COG Southold Town Hall Ruth D. Oliva, Chairwoman =� y� 53095 Main Road Gerard P. Goehringer y Z P.O. Box 1179 Lydia A.Tortora • Southold,NY 11971-0959 Vincent Orlando ?' p� Tel. (631) 765-1809 James Dinizio,Jr.. 1 `1►a Fax(631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, FEBRUARY 26, 2004 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, February 26, 2004 commencing at 9:30 A.M. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member Vincent Orlando, Member Lydia A. Tortora, Member(9:30 am— 12:10 pm, 1:10 pm—3:05 pm) James Dinizio, Member Linda Kowalski, ZBA Confidential Secretary 9:30 a.m. Chairwoman Oliva 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 made by Chairwoman Oliva, and seconded by Member Goehringer to declare the following Negative Declarations with No Adverse Effect for the following projects as submitted: Type II Actions (No further steps — setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Joseph and Elizabeth Gordon#5470, #5471. Thomas Cornwell#5473. John and Vivian Hinton#5477. John and Sandra Scott#5480. Darren Skrezec#5482. John and Joyce Sampieri#5483. Luke and Rita Licalzi#5488. Vera Bakelaar#5479. Gary Mangus and Miriam Meyers#5475. Page 2—Minutes Regular Meeting of February 26,2004 Southold Town Board of Appeals Mattituck Fire District#.5485. Christopher Durkin#5481. Stephen Pisacano 5490. Vote of the.Board: Ayes: All. This Resolution was duly adopted (5-0). III. PUBLIC HEARINGS: The following public hearings were held with the Chairwoman introducing each application, and Member reading of the Legal Notice as published: 9:33 a.m. MARTHA CASSIDY#5457. A.Wickham,,Esq. (Carryover from 1121; Case law cited at 2126 PH to be furnished by applicant's attorney.) . Request for Variances under Sections 100-30A.1 and 100-231, based on the Building Department's March 10, 2003 Notice.,of Disapproval, amended.May 6, 2003, for the following reasons: (1) a tennis court is not a permitted use on a vacant lot, and (2) the proposed tennis court fence will exceed the code,limitations of four ft. maximum height along or within front yard areas; six ft. maximum height along side and rear yards when a principal use is existing). Location: 1015 Youngs Avenue, Orient; CTM 18-1-3. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. This Resolution was duly adopted (5-0). 10:12 a.m. JOSEPH TRENCHENY #5453 by Frank Notaro, Architect.. Adjourned from 1122 for possible alternative/amended plans. Amended plan submitted 2/23 by architect; amended ND issued 2-23 to correct error. for 21 ft. total sides.) Request for a Variance under.Section 100-244B, based on the Building Department's August 25, 2003 Notice of Disapproval, concerning additions and alterations.proposed with a total side yard area at " less than 25 feet, at 120 South Lane, East Marion; Parcel 37-6-3.2. '(Please see transcript of written statements prepared under separate cover:) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn to March 18, 2004 at 9:30 a.m. This Resolution was duly adopted (5-0). 10:24`a.m. PATRIZIA ZANABONI #5452. Adjourned from 1122104 for alternative plan increas inq setback 10 feet for front yard;amended plan submitted 2123 increasing closest front setbacks to 22.9+- ft.; amended ND 2119 to reflect changes in plan). Request for a Variance under Section 100-244B, based on the Building Department's August 22, 2003 Notice`.., of Disapproval, amended August 25, 2003, concerning a new single-family dwelling with a front yard' setback at less than 35 feet, after demolishing the existing building, at 1385 Minnehaha Boulevard, Southold; Parcel 87-3-23. (Please see transcript of written statements prepared under,separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Dinizio, to close the hearing reserving decision. This Resolution was duly-adopted (5-0). 10:33:a.m. JOSEPH AND ELIZABETH GORDON. Location of Property: 485 Gardiners Lane,;Southold; Parcel 1000-70-8-29. Applicants request: r. (A) #5470- Variances are requested under Sections 100-242A and 100-244, based ..on the Building Department's November 25, 2003 Notice of Disapproval, which °states that the proposed alterations and additions to the existing dwelling with will Page 3—Minutes Regular Meeting of February 26,2004 Southold Town Board of Appeals III. PUBLIC HEARINGS, (continued): The following public hearings were held with the Chairwoman introducing each application, and Member; reading of the Legal Notice as . published:. be less than 40 feet from the front lot line and less than 50 feet from the rear lot line. Also,the Building Inspector has determined that under Section 100- '31A(1), a second dwelling unit is not permitted above the garage, for the reason that the code allows"one-family detached dwellings, not to exceed one dwelling on each lot." (B) #5471 -Special Exception under Section 100-31 B(13)for an Accessory Apartment in conjunction with the owner's residence. (Please see transcript of written.statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. This Resolution was duly adopted (5-0). < 10:58:,a.rn. THOMAS CORNWELL #5473. This is. a'request for a Variance under Section 100-30A, based on the .Building Department's December 1, 2003 Notice of Disapproval, concerning proposed additions and alterations at less than 15 feet on a singleside setback, at 500 West Cove Road, Cutchogue;'Parcel 1000-111-2-8.1. 2123 letter_from J. Slattery requests adj. to June.for more information on elevation and designs and for attendance). (Please see 'transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn to April 22, 2004 at 9:30 ap. This Resolution was duly adopted(5-0). 11:15 a.m. JOHN and VIVIAN HINTON#5477. This is a request for a Variance under Section 100-33, based'on the Building Department's May 8, 2003 Notice of Disapproval, concerning the location of a swimming pool in a side yard instead of the code-required rear yard, after the as-built deck was constructed, of 515 Horseshoe Drive, Cutchogue; Parcel,1000-95-4-18.27. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. This Resolution was duly adopted.(5-0).. 11:17 a.m. JOHN SCOTT and SANDRA TUFFY#5480. This is a request for a Variance under`Section 100-30A.3, based on the Building Department's November 17, 2003 Notice of Disapproval, concerning proposed addition at less than 50 feet from the front lot line, at31025 Main Road, Cutchogue; CTM 102-2-23.4. (Survey,with front setbacks submitted 2120). (Please see transcript of written statements prepared under separate cover:) BOARD RESOLUTION: After receiving testimony, motion was offered.by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. This Resolution was duly adopted (5-0). 11:20 a.m. DARRIN SKREZEC#5482. This is a request for: (a)an Interpretation under Section 100-81A(6)as to whether,or not a landscaping business is permitted to stock pile landscape materials as an accessory use without the need for a Special Exception, and (b)alternatively, a Special Exception under Section 100-81(13)(2)for a contractor yard, at 32900 CR 48, Peconic; CTM 74-4-14.3. Zone: Limited Business. (Please see transcript of written statements prepared under,separate cover.) Also Tom McCarthy discussion on . . priority A or B. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to allow'applicant a 20-minute. recess:to consult and return after 20 minutes. This Resolution was duly adopted (5-0). Page 4—Minutes Regular Meeting of February 26,2004 Southold Town Board of Appeals III. PUBLIC HEARINGS. (continued): The following public hearings were held- with the Chairwoman introducing each application, and Member reading of the Legal Notice as published: 1.1:38 a.m. JOHN and JOYCE SAMPIERI #5483. This is a request for.a Variance under tSections 100-242A and 100-30A.3, based on the Building Department's.December 4, 2003 Notice of Disapproval,.concerning proposed alterations and additions to the existing dwelling at less than 15 ft on a single side yard, at 1380 Bayberry Road, Cutchogue; CTM 118-2-12. (Please see transcript of written statements prepared under separate cover.-) BOARD RESOLUTION: After receiving-testimony, motion.was offered by Chairwoman Oliva, seconded by Member-Goehringer, to close the hearing reserving decision.' This Resolution was duly adopted (5-0). 11:48 a.m. STEPHEN PISACANO#5490..This is a Request for a Variance under Sections 100-242A and 100-244B, based on the Building Department's December 26, 2003 Notice of Disapproval, concerning proposed additions and alterations at less than 40 feet from the front lot line,at 16155 C.R. 48, Cutchogue; CTM,101-1-15.1. (Please see transcript of written statements prepared under separate cover.),BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, . seconded by Member Goehringer, to close the hearing reserving`decision. .This Resolution was duly adopted (5-0).- 11:52"a.m. LUKE and RITA LICALZI #5488.1 This is a request for a Variance under , Section 100-33C, based on the Building Inspector's December 8, 2003 Notice of - Disapproval (and renewed building permit)concerning an accessory swimming pool located at less than the code-required 50 feet from the front lot line on this waterfront parcel,and a detached frame pool storage house located in an area other than the required yard, at 2105 Calves Neck Road, Southold;.CTM 70-4-46.1. (Height data not submitted for poolhouse as of 2-23:existing design with shower, sink plumbing not be properly before Building Dept. or ZBAJ (Please see transcript of,written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing regarding the pool, reserving decision. This Resolution was duly adopted (5-0). " 12:12 p.m. DARRIN SKREZEC#5482. This is a request for: (a)an Interpretation under Section 100-81A(6) as to whether or not a landscaping business is permitted to stock pile landscape materials as an accessory use without the need for a Special Exception, and (b)alternatively, a Special Exception under Section 100-81(B)(2)for a contractor yard, at .32900.CR 48, Peconic; CTM 74-4-14.3. Zone: Limited Business. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. This Resolution was duly adopted (4-0). Member Tortora was absent during this hearing. RESOLUTION (Break): Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to recess for lunch. Vote of the Board: All: This resolution was duly adopted (4-0). Member Tortora was absent. 1:10 ''m. RESOLUTION (RECONVENE): Motion was offered b Chairwoman Oliva, P, ( ) Y seconded by Member Goehringer,to reconvene the meeting. Vote of the Board: All. This resolution was duly adopted (5-0). Page 5=Minutes Regular Meeting of February 26,2004 Southold Town Board of Appeals III. PUBLIC HEARINGS, (continued): The following public hearings were .held with the Chairwoman introducing each application, and Member reading of the Legal Notice as published: 1:10 PM OSPREY DOMINION AND LIPA. KEYSPAN #5432V and 5430SE (continued from 12/18/03; Request received 2123 from attorney requesting postponement to 3118104 11:45 a.m.) Location of Property: 44075 Main Road, Peconic; Parcel 1000-75-1-20.1 and 20.2.Applicants request a Variance under Section 100-33A concerning the proposed height of new public utility wind turbine/antenna structure exceeding the code's height limitation of 18 feet; and a Special Exception for a public utility use/structure on this 4.4+ acre site. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony; motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. This Resolution was duly adopted (5-0). 1:12 p�m. VERA BAKELAAR#54.79 by son John Bakelaar. This is a request for a Variance under Section 100-244, based on the Building Department's January 5, 2004 Notice.'of Disapproval, concerning a proposed addition and alterations with a total lot coverage exceeding the code limitation of 20%, at 45 Booth Place, Greenport; Parcel 1000-41-1-21. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. This.Resolution was duly adopted (5-0). 1:15 P.M. GARY MANGUS and MIRIAM MEYERS#5475. This is a request for Variances under Sections 100-239.4 and 100-244, based on.the Building Department's December 29, 2003 Notice of Disapproval, concerning proposed additions and alterations to the existing dwelling at less than 75 feet from the bulkhead, less than 10 feet on a single side, and less than 25 ft. total side'yards, at 1295 Island View Lane, Greenport; Parcel':.57-2-16. (Applicant submitted elevation plans on 219 w/3rd level to ZBA. Building Dept. confirmed on 2-24-04 design meets half-story zoning code definition). (Please see transcript of written statements prepared under separate cover.) BOARD,RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision (written to be submitted by March,4,2004). This Resolution was duly adopted (5-0). 1:56 p.m. DAVID and SHERRY STEELE#5478. RESOLUTION to confirm application is withdrawn, per 2113 letter. BOARD RESOLUTION: Motion was made y Member Goehringer, seconded by Chairwoman Oliva to withdraw the application per letter submitted 2/13/04. This Resolution was duly adopted (5-0). 1:57 p.m.. MATTITUCK FIRE DISTRICT#5485. Request for Variances under Section 100-92 and,100-33B(3), based on the Building Department's January 2, 2004 Notice of Disapproval, amended January 16, 2004, concerning a proposed addition with a front yard setback at less than 15 feet, and concerning a proposed annex building at less than five feet from the side and rear lot lines, at 1000 Pike Street, Mattituck; Parcel 140-3- 11.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. This Resolution was duly adopted (5-0). Page 6—Minutes Regular Meeting of February 26,2004 Southold TOvn Board of Appeals III. PUBLIC HEARINGS, (continued): The,following public hearings were held with the Chairwoman introducing each application; and Member reading of the Legal Notice as published:`: 2:07 p''m. CHRISTOPHER DURKIN #5481. Request for a Variance under Section 100- 33,'based on the Building Department's November 25, 2003 Notice of Disapproval, concerning a proposed-accessory garage exceeding the code limitation of 18 feet, at 5779 Westphalia Road, Mattituck; Parcel 113-12-7. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. This Resolution was duly adopted (5'-0). 2:22 p.m. STANLEY MALON#5383: Applicant requests: (1)Variances under Sections 100-102 and 100-103C, based on the Building Department's May 20, 2003 Notice of Disapproval concerning new construction for a.multiple-use building with less than 30,000 sq. ft. per use and with a building frontage greater than.60 linear feet, and (2) Interpretation of Section 100-102, Bulk Schedule, based on the Building Department's May 20, 2003 Notice of Disapproval, to determine that multiple occupancies do not require,,an additional 30,000 sq. ft. of land area per permitted use in the B-General Business Zone District. The applicant is,proposing one commercial structure with up to three different permitted'uses with eight tenants/occupancies on this 53,821 sq.ft. parcel. Location of Property: 32845 Main Road, Cutchogue; Parcel 1000-97-5-4.5. Zone District; B-Business. (Hearing reopened for reviews regarding member questions and pow alternatives for parking and access, building size, traffic and pedestrian safety concerns, plan to prevent flooding toward adjacent lands, etc.) (Please see transcript of . written,.statements prepared under separate cover.) BOARD RESOLUTION: After receiving_testimony, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, to adjourn the hearing until March 18, 2004 at 2:15 p.m. This Resolution was duly adopted (5-0). 3:05 p.m. Member Tortora left. 3:09 p'm. J & C HOLDINGS, Contract Vendee (Owner: Doll)#5419. Applicant requests Variances under Sections 100-30A.3 and 100-239.4A, based on the Building Department's November.7,2002 Notice of Disapproval;amended August 6, 2003, concerning a proposed location of a new-dwelling with setbacks: (a)at Iess than 50 feet from the front property line and (b) less than 100 feet from the top of the Sound bluff, at 590 North View Drive, Orient; Parcel 1000-13-1-5.1. (Applicant submitted revised survey ` 1%27/04.and engineer's memo with run-off calculations:also on 215 received info on retaining wall construction:amended Trustees determination on new plan not submitted. as of 2I23). (Please see transcript of written statements prepared under separate cover.).,,, BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer,*to close the hearing reserving decision. This Resolution was duly adopted (4-0). Member.Tortora was absent during this hearing. . 3:30 p:m. TOWBEE, LLC (SeaTow)#5492 - Request for a Variance under Section 100- 142, based on the Building Department's January 27, 2004 Notice of Disapproval, concerning two uses on a lot containing less than 80,000 sq.ft. (or 40,000 sq.ft.. per use) in this Light Industrial (LI)Zone District. Location of Property: 700 Hummel Avenue, Southold; Parcel 1000-63-2'30.1. (2120104 attorney submitted affidavit outlining history of tenancy and uses to Building Department and ZBA.) (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving Page 7—Minutes • Regular Meeting of February 26,2004 Southold Town Board of Appeals testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. This Resolution was duly adopted (4-0). Member Tortora was absent during this hearing. II. DELIBERATIONS/DECISION. The Board deliberated on the following application. The original is filed with the Southold Town Clerk and include here by reference as though fully written;`. APPROVED AS APPLIED ZBA 5454—Samuel and Isabelle Distasi IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. The Board confirmed its scheduled Special Meeting to be held 6:00 PM on 3/4%04: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions.on carryovers. B. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried to advertise Legal Notice for March 18, 2004 public hearings filed in complete form with publication in the town official newspaper. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. C. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried to adjourn carryover public hearings from 3/18 to 4/22/64 at 9:35 AM for.E. Trippe#5300, #5308, per applicant's request. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).- Member Tortora was absent. V. EXECUTIVE SESSION Brief reviews of pending files.and general discussions by Board Members followed. There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 4:00 p.m. Respectfully submitted, f inda Kowalski�ytJGL R` Secretary I orporated by Refe' nce: ! elib n ecision (1) t' �C YED Gerard,P. G ringer ` A p'oved for Filing JUN 1 6 2009 S®U ®.ld.TOWn erk