HomeMy WebLinkAboutZBA-03/02/2000 _ S
APPEALS.BOARD MEMBERS O�OSVFFO`�C
p Southold Town Hall
Gerard P. Goehringer, Chairman '"a
Gym 53095 Main Road
James Dinizio,Jr. y =� P.O. Box 1179
Lydia A. Tortora Southold,New York 11971
Lora S. Collins �y ��� ZBA Fax(516)765-9064
George Horning ��l �►� Telephone -
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THURSDAY, MARCH 2, 2000,,
SOUTHOLD TOWN BOARD OF APPZ4LS ..
A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the
Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, March 2, 2000
commencing at 6:30 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Lydia A. Tortora, Member
George Horning, Member
Lora S. Collins, Member
Linda Kowalski, Board Secretary-Clerk
6:33 p.m. Chairman Gerard P. Goehringer called the meeting to order.
The Board proceeded with the first item on the Agenda as follows:
I. RESOLUTIONS:
A. SEQRA DETERMINATIONS: Motion was offered by Member Tortora, seconded by Chairman
Goehringer, to declare the following SEQRA determinations:
Type II Actions:
Appl. No. 4784 - Jeffrey Kaytis. Accessory building.
Appl. No. 4785 -Anthony Pirrera. Lot Waiver to Unmerge.
Appl. No. 4786 - Dr. Vallo Benjamin. Deck addition.
Appl. No. 4787 - John McCoppen. Accessory building.
Appl. No. 4789 - Perry Angelson. Lot Waiver to Unmerge.
Appl. No. 4790 - Perry Angelson. Dwelling side yards.
Appl. No. 4791 - Mark and Helen Levine. Setback/location house and pool.
Appl. No. 4792 - Kathleen Tole and Mary Ann Durkin. Garage/front yard setback.
Unlisted Action with Declaration of No Adverse Effect on the Environment as applied:
Appl. No. 4788 - L.I. Vineyards. Tennis Court Fence Height.
Page 2`-Minutes
Regular Meeting -March 2,2000
Southold Town Board of Appeals
Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Horning. This
Resolution was duly adopted (5-0).
B. HEARING CALENDAR. Motion was offered by Chairman Goehringer, seconded by Member
Collins, to confirm the March 2, 2000 Hearings, as advertised in the February 17, 2000 edition of the
official newspaper. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
II. PUBLIC HEARINGS: The following public hearings were held. Please see written transcripts of
statements during the hearings, prepared separately and filed with the ZBA Office and Town Clerk's Office
for permanent record-keeping.
6:34 p.m. Appl. No. 4780 - LAWRENCE and JOSEPHINE PEARLSTEIN. This is a request for a
Variance under Article III, Section 100-33 based upon the Building Inspector's November 26, 1999 Notice
of Disapproval regarding an application for an as-built accessory storage shed located in an area other
than the rear yard. Location of Property: 2225 North Sea Drive, Southold; Parcel 1000-54-4-23. Mr. and
Mrs. Pearlstein were both present and spoke regarding their application. Opposing the application was,the
neighbor across the street, by his daughter, V. Lampeas. The Chairman asked the applicants to see what
is involved with locating the shed in an area further north, and offered a motion to recess the hearing to
April 6, 2000. .The motion was seconded by Member Homing, and duly carried. This Resolution was duly
adopted (5-0).
6:48 p.m. Appl. No. 4784 - JEFFREY KAYTIS. This is a request for a Variance under Article III,
Section 100-33 based upon the Building Inspector's December 21, 1999 Notice of Disapproval for the
location of an accessory garage in an area other than the rear yard at 2600 Paradise Point Road,
Southold; Parcel No. 1000-81-3-15.4. William Goggins, Esq. appeared in behalf of the applicant. 'After
receiving testimony, motion was made Chairman Goehringer, seconded by Member Tortora, and duly
carried, to close the hearing. This Resolution was duly adopted (5-0).
6:58 p.m. Appl. No. 4787 - JOHN McCOPPEN. This is a request for a Variance under Article III,
Section 100-33 based upon the Building Department's October 21, 1999 Notice of Disapproval to locate an
accessory garage in an area other than the rear yard at 870 Oak Drive, Southold, NY; County Parcel
1000-80-2-9 at Reydon Shores. Jason Leonard, Builder, appeared in behalf of the applicant. After
receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly
carried, to close the hearing. This Resolution was duly adopted (5-0).
7:00 p.m. Appl. No. 4786 - DR. VALLO BENJAMIN. This is a request for a Variance under Article
III, Section 100-32 based upon the Building Department's February 2, 2000 Notice of Disapproval to locate
a proposed deck addition with a side yard at less than 20 feet. Location of Property: 29315 Main Road,
Orient; Parcel No. 1000-13-2-4. Dr. Benjamin appeared in behalf of his application. After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to
close the hearing. This Resolution was duly adopted (5-0).
7:05 p.m. - PERRY AND MELINA ANGELSON. Location of Property: 350 Stratmors Road, East
Marion, NY; County Parcel No. 1000-21-1-12. Applicants are requesting:
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Page 3 -Minutes
Regular Meeting - March 2, 2000
Southold Town Board of Appeals
(1) Appl. No. 4789 - Lot Waiver under Section 100-26, based upon the Building Department's
January 21, 2000 Notice of Disapproval which states that "the subject parcel is on List at former
Section 100-12 and that the subject parcel is/was held in common ownership with adjoining lot
SCTM #1000-21-1-10 at sometime after July 1, 1997. Lots have merged."
(2) Appl. No. 4790 - Variance under Section 100-244B to locate a proposed dwelling with combined
side yards at less than 35 feet.
Perry Angelson appeared.in behalf of his application. After receiving testimony, motion was offered by
Chairman Goehringer, seconded by Member Horning, and duly carried, to close the hearing. This
Resolution was duly adopted (570).
7:15 p.m. Appl. No. 4788 - .LONG ISLAND VINEYARDS. INC. (Castello di Borghese, LLC, Owner).
Applicant is requesting a Variance under Article XXIII, Section 100-231A based upon the Building
Inspector's December 6, 1999 Notice of Disapproval for fence height. Applicant is requesting an "as-built"
fence above four feet in height as an enclosure of an existing tennis court structure built under Building
Permit No. 18977-Z. . Location of Property: 4780 Alvah's Lane, Cutchogue; County Parcel No. 1000-102-
1-3.4. Abigail A. Wickham, Esq. appeared in behalf of the application. After receiving testimony, motion
was offered by Chairman Goehringer, seconded by Member Horning, and duly carried, to close the
hearing. This Resolution was duly adopted
(5-0).
7:30 p.m. Appl. No. 4779- DAVID AND ANN CORIERI. Continuation from last meeting. Proposed .
pool in side yard at 412 Park Avenue, Mattituck; 1000-123-7-9.2. Mr. Corieri was present regarding his
application. After a brief discussion, the Chairman offered a motion to close the hearing, seconded by
Member Tortora, and duly carried. This Resolution was duly adopted (5-0).
7:35 p.m. Appl. No. 4785 - ANTHONY PIRRERA. This is a request for a Lot Waiver under Section
100-26 of the Zoning Code based on the Building Department's January 18, 2000 Notice of Disapproval
which states that applicant has applied for a determination of merger and is disapproved for the reason
that "the subject parcel has merged with an adjoining parcel SCTM #1000-15-3-16 pursuant to Article II,
Section 100-25A." Location of Property: 1525 Soundview Road, Orient, NY; County Tax Map Parcel No.
1000-15-3-17. Also referred to as Lot 18, and part of Lot No. 19, shown on the Map of Orient By The Sea,
Section 2, filed November 21, 1957. Patricia C. Moore, Esq. appeared with Mr. Pirrera. After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to
close the hearing. This Resolution was duly adopted (5-0).
DELI BERATIONS%DECISIONS: Agenda Item III:
7:45 p.m. Appl. No. 4782 - DANIEL AND MAUREEN MOONEY. The Board approved the amended
plan with conditions. A copy of the Board's decision is attached and incorporated herein as though fully set
forth in its entirety. The original is on file with the Town Clerk.
Page 4-Minutes
Regular Meeting -March 2, 2000
Southold Town Board of Appeals .
DELIBERATIONS/DECISIONS, continued:
7:48 p.m. Appl. No. 4784- JEFFREY KAYTIS. The Board approved the application. A copy of the
Board's decision is attached and incorporated herein as though fully set forth in its entirety. The original is
on file with the Town Clerk.
PUBLIC HEARINGS, CONTINUED:
7:55 p.m. Appl. No. 4791 - MARK and HELEN LEVINE. This is a request for Variances under
Article Mll, Section 100-239.4 and Article III, Section 100-33, based upon the Building Department's
November 26, 1999 Notice of Disapproval and February 9, 2000 Amended Notice of Disapproval.
Applicants are proposing a new dwelling and accessory swimming pool, both proposed with a setback
closer than 100 feet from the top of the L.I. Sound bluff, and the swimming pool is also proposed in a side
yard rather than a front or rear yard location. Location: 2510 Grand View Drive, Orient; 1000-14-2-3.7;
also referred to as Lot 3 on the Map of"Grandview Estates at Orient."
8:07 p.m. Appl. No. 4792 - KATHLEEN TOLE and MARY ANN DURKIN. This is a request for a
Variance under Article XXIV, Section 100-242A and Article III, Section 100-31 Bulk Schedule based upon
the Building Inspector's February 9, 2000 Notice of Disapproval. Applicants are proposing to construct an
addition to an existing dwelling for garage purposes with an insufficient front yard setback. Location: 750
Pipes Neck Road, Greenport; 1000-53-1-16. Kathleen Tole appeared and spoke in behalf of her
application. After discussions, motion was offered by Chairman Goehringer, seconded by Member.Collins,
and duly carried, to close the hearing. This Resolution was'duly adopted (5-0).
End of hearings.
DELIBERATIONS/DECISIONS, Agenda Item III, continued. Copies are attached. The originals are on file
with the Town Clerk:
Approved with Conditions:
Appl. No. 4787 - John McCoppen.
Appl. No. 4790 - Perry Angelson
Appl. No. 4779 - David Corieri (3-2).
Approved as applied:
Appl. No. 4789 - Perry Angelson Lot Waiver.
Appl. No. 4785 -Anthony Pirrera Lot Waiver.
Reversed Decision of Building Inspector:
Appl. No. 4788 - L.I. Vineyards.
Denied:
Appl. No. 4786 - Dr. Vallo Benjamin.
t.'
Page 5 -Minutes
Regular Meeting- March 2, 2000
Southold Town Board of Appeals
DELIBERATIONS/DECISIONS, continued:
Denied with Grant of Alternative Relief:
Appl. No. 4791 - Mark Levine.
Appl. No. 47.91 - Kathleen Tole. (4-1)
RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Tortora, to approve
.Minutes of the following Meetings: Jan. 13, 2000; Jan. 19, 2000; and Feb. 3, 2000. Vote of the Board:
Ayes: All. This,Resolution was duly adopted (5-0).
RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Collins, to authorize
advertising of the public hearings for the April 6, 2000. 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, the Chairman declared
the meeting adjourned. The meeting adjourned at approximately 9:20 p.m.
Respectfully submitted,
2da�y�ll�Gc�
Linda Kowalski
Board Secretary-Clerk
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Case Decisions Attached: 11.