HomeMy WebLinkAboutZBA-03/18/2004 APPEAyTS BOARD MEMBERS �StFF01/( 0 Southold Town Hall
Ruth D. Oliva, Chairwoman = Gy1 53095 Main Road
Gerard P. Goehringer co
to = P.O. Box 1179
Lydia A. Tortora ; • Southold,NY 11971-0959
Vincent Orlando ?' �! Tel. (631) 765-1809
James Dinizio,Jr. l �a Fax (631) 765-9064
http://southoldtown.northfork.net
BOARD OF APPEALS RECEIVE
TOWN OF SOUTHOLD
MA 2 9 2007
MINUTES S®ut old T®wrn tler;
REGULAR MEETING
THURSDAY, MARCH 18, 2004
A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the
Southold Town Hall, 63095 Main Road, Southold, New York 11971-0959, on Thursday, March
18, 2004 commencing at 9:30 A.M.
Present were:
Ruth D. Oliva, Chairwoman/Member
Gerard P. Goehringer, Member
Vincent Orlando, Member
James Dinizio, Member
Linda Kowalski, ZBA Confidential Secretary/
Absent was: Lydia A. Tortora, Member
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 without further steps as submitted:
Type II Actions (Setback/dimensional, lot waived, accessory apartment, bed and
breakfast requests):
Joseph Trencheny#5435
Martin J. Bancroft, Jr.#5484
Joseph and Frances Setaro#5496
Frederick and Dorothy Charnews#5469
Steven Szczeniak#5497
Richard and Nancy Willott#5491
Robert and Kelly L. Krudop#5487 ᕮ
Jonathan Gilson and Regina Ebel #5498 .
George and Donna Diakoumakos#5501
Page 2—Minutes
Regular Meeting of March 18,2004
Southold Town Board of Appeals
Resolution (continued): Type II Actions (Setback/dimensional, lot waiver/, accessory apartment,
bed and breakfast requests):
George Penny IV#5493
Donald and Irene Suter#5489
Arthur and Ruther Ventura#5495
Merlon and Isabela Wiggin
Osprey Dom inion/LIPA/Keyspan#5450
Stanley Malon#5383
Resolution was duly adopted (4-0).
RESOLUTION GRANTING EXTENSION OF TIME: GEORGEA KAPASSAKIS #5440. Motion
was made by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to grant the
applicant's 2/26/04 letter requesting additional time, extending the time for submission to April 22,
2004. This Resolution was duly adopted (4-0).
DELIBERATIONS/DECISIONS/OTHER: The Board deliberated on the following applications,
and rendered decisions: included by reference and incorporated herein are the originals of the
following determinations filed with the Southold Town Clerk:
Reversal of B.I. Decision:
Merlon and Isabelle Wiggin#5499
Approved with Conditions or As Applied
DONALD GRIM#5441
MARK STUFANO#5461
Denied as Applied
GARY MANGUS and MIRIAM MEYERS#5475.
The following PUBLIC HEARINGS were held:
9:35 a.m. JOSEPH TRENCHENY #5453. (Carryover from 2/26/04 PH; 3/16 architect submitted
design to lessen degree of an from 10' to 12'). Request for a Variance under Section 100-
244B, based on the Building Department's August 25, 2003, amended 2/23/04 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; CTM 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 close the hearing
reserving decision. The Resolution was duly adopted (4-0).
9:51 a.m. MARTIN J. BANCROFT, JR. #5484. This is a request for a Variance under Section
100-33, based on the Building Department's December 22, 2003 Notice of Disapproval,
concerning the location of a proposed lap pool in an area other than the code required rear yard,
at 38099 Main Road, Orient; CTM 15-2-16. (Please see transcript of written statements prepared
Page 3—Minutes
Regular Meeting of March 18,2004
Southold Town Board of Appeals
under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision.
The Resolution was duly adopted (4-0).
PUBLIC HEARINGS. (continued):
9:55 a.m. JOSEPH and FRANCES SETARO #5496. This is a request for a Variance under
Sections 100-242A and 100-244B, based on the Building Department's January 22, 2004 Notice
of Disapproval, last amended January 27, 2004, concerning proposed second-story additions and
alterations to the existing dwelling with combined total side yard at less than 25 feet, at 3680
Stillwater Avenue, Cutchogue; CTM 137-1-13. (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. The Resolution was duly adopted (4-0).
10:00 a.m. FREDERICK and DOROTHY' CHARNEWS #5469. This is a request for a Variance
under Section 100-30A.3 (ref. Bulk schedule) based on the Building Department's November 3,
2003 Notice of Disapproval concerning a proposed addition with a setback at less than 40 feet
from the rear property line, at 11675 Pequash Avenue, Cutchogue; CTM 103-7-16. (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. The Resolution was duly adopted (4-0).
10'.03 a.m. STEVEN SZCZENIAK#5497. This is a request for a Variance under Sections 100-33
and 100-244, based on the Building Department's December 10, 2003 Notice of Disapproval,
amended February 12, 2004, concerning the proposed additions to the existing dwelling with.lot
coverage exceeding the code limitation of 20% of the lot area, and after this new construction, the
existing garage will be at the side yard of the new addition instead of a code-required rear yard, at
1400 Marlene Lane, Mattituck; CTM 133-2-36. (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. The Resolution was duly adopted (4-0).
10:10 a.m. RICHARD and NANCY WILLOTT #5491. This is a request for a Variance under
Section 100-242A and 100-244, based on the Building Department's October 17, 2003 Notice of
Disapproval concerning a proposed addition with a rear setback at less than 35 feet, at 560
Private Road #31, Southold; CTM 77-3-21. (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.
The Resolution was duly adopted (4-0).
10:12 a.m. ROBERT and KELLY L. KRUDOP. R. Lark, Esq. Requests for the following Lot
Waivers under Section 100-26. Based on the Building Department's November 17, 2003 Notice
of Disapproval, the properties have merged under Section 100-25 due to common ownership with
the first lot at any time after July 2, 2983:
#5487. To unmerge CTM 1000-96-1-9 of 12,254 sq. ft., from CTM 1000-96-1-8 of 14,787
sq.ft. Location of Property: 170 and 250 Tuthill Lane, Cutchogue.
#5486. To unmerge CTM 1000-96-1-6 9,334, sq. ft. from CTM 1000-96-1-8 of 14,787,
sq.ft. Location of Property: 50 and 170 Tuthill Lane, Cutchogue.
(Please see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded
Page 4—Minutes
Regular Meeting of March 18,2004
Southold Town Board of Appeals
by Member Goehringer, to close the hearing reserving decision. The Resolution was duly
adopted (4-0).
PUBLIC HEARINGS. (continue:
10:55 a.m. JONATHAN GILSON and REGINA EBEL#5498. D. Doty Esq. This is a request for a
Variance under Sections 100-33 and 100-242A, based on the Building Department's February 5,
2004 Notice of Disapproval, concerning an accessory garage, which will become more
nonconforming in its existing side yard location, after construction of proposed additions to the
dwelling. The code requires accessory building to be in a rear yard. Location of Property: 1185
Mill Road, Mattituck; CTM 106-9-8.4. (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.
The Resolution was duly adopted (4-0).
11:09 a.m. GEORGE And DONNA DIAKOUMAKOS#5501. D. Doty Esq. This is a request for a
Lot Waiver under Section 100-26 to unmerge Lot 40, Map of Orient by the Sea, Section one,
shown as CTM 15-7-11 of 12,500 +/- sq. ft., from an adjacent land area of 13,765 +/- sq. ft.,
shown as CTM 15-7-10, improved with a dwelling. Location: 455 and 555 Three Waters Lane,
Orient. (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. The Resolution was duly
adopted (4-0).
11:22 a.m. GEORGE PENNY IV#5493. This is a request for a Variance under Section 100-31 C,
based on the Building Department's, January 23, 2004 amended Notice of Disapproval
concerning a proposed horse barn and corral on a lot which contains less than ten (10)acres of
land, the minimum size required for keeping, breeding, raising and training of horses. Location of
Property: 1150 Kenny's Road, Southold; CTM 59-3-17.3 (containing 6.967 acres). (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. The Resolution was duly adopted (4-0).
11:50 a.m. DONALD and IRENE SUTER#5489. This is a request for Variances under Sections
100-33C, 100-242A, and 100-244B, based on the building Department's July 23, 2003 Notice of
Disapproval, last amended February 3, 2004, concerning: (a) proposed additions and alterations
to the existing dwelling at less than 35 feet from the front property line and less than 10 feet from
the side lot line, and (b) relocation of the existing accessory garage and proposed addition, at
less than 35 feet from the front property line. Location of Property: 1150 Dean Drive, Cutchogue;
CTM 16-5-14. (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. The Resolution was
duly adopted (4-0).
LUNCH BREAK 12:15 p.m. to 1:07 p.m.
Motion was made by Chairwoman Oliva, seconded by Member Goehringer, to reconvene the
meeting, continuing with public hearings as follows:
Page 5—Minutes
Regular Meeting of March 18,2004
Southold Town Board of Appeals
PUBLIC HEARINGS. (continued):
1:08 p.m. OSPREY DOMINION/LIPA/KEYSPAN #5440. (PH carried from 2126 at applicant's
request for review of Amended Environmental Assessment(Coordinated by Lead Agency 318104).
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 Member Goehringer, seconded by Member Dinizio, to close the hearing
reserving decision. The Resolution was duly adopted (4-0).
PUBLIC HEARINGS. (continued):
1:58 p.m. STANLEY MALON #5383. P. Moore, Esq. (PH carried from 2126 for environmental
consultant review report regarding possible safety concerns and drainage). Applicant requests:
(1)Variances under Section 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 dot require an additional
30,000 sq. ft. of land 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. (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. The Resolution was duly adopted (4-0).
OTHER: Chairwoman Oliva confirmed its scheduled Special Meeting to be held 6:00 p.m. April
8, 2004 (agenda items may include work session; continued work reviews of new files for future
calendars; possible findings/decisions on carryovers.
Brief reviews of pending files and general discussions by Board Members followed. (No action
was taken.)
There being no other business properly coming before the Board at this time,
Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 2:25 p.m.
Respectfully submitted, - L
L0i"da V K �Is �"_�"
Secretary
Decisions Incorporated by Reference:4