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Home My WebLink AboutZBA-04/06/2000 APPEALS BOARD MEMBERS p� OG Southold Town Hall Gerard P. Goehringer, Chairman �� y1 53095 Main Road James Dinizio,Jr. y = P.O. Box 1179 Lydia A. Tortora • Southold, New York 11971 Lora S. Collins ZBA Fax (631)765-9064 George Horning l �� Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES THURSDAY,APRIL 6,2000 REGULAR MEETING A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall (Conference Room), 53095 Main Road, Southold, New York 11971, on Thursday,April 6,2000, commencing at 6:15 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio,Jr., Member Lydia A.Tortora, Member George Horning, Member(left 8:27 pm.) Lora S. Collins, Member. Also present was: Linda Kowalski, Clerk of the Board. 6:15 p.m. Chairman Gerard P. Goehringer called the meeting to order. I. RESOLUTION-SEQRA determinations:The Board proceeded with Agenda Item I: Motion was made by Chairman Goehringer, seconded by Member Tortora,to declare the following SEQRA determinations: A) Type II Actions (exempt): Appl. No.4793 -T.Taylor Appl. No.4802-R. Mohr Appl. No.4801 -N.Weber Appl. No.4795-C. Brienza Appl. No.4797-J._Xikis Appl. No.4800-J. Green Appl. No.4794-M. Lampl Appl. No.4803-J. Meskouris Appl. No.4807-C. Meskouris Appl. No.4804-A.Gaddis Appl. No.4799 -R. Bramson Appl. No. 4808-M.and P. Moore B) Unlisted Action with Declaration of No Adverse Effect on the Environment: Appl. No.4798-J. and L. Kowalski. Vote of the Board: AYES: Members Goehringer(Chairman), Dinizio,Tortora, Collins, and Horning. II. PUBLIC HEARINGS: The Board proceeded with the following public hearings. Please refer to the written transcript of testimony prepared separately and filed with the Town Clerk for permanent recordkeeping: 6:17 -6:38 p.m. Appl. No. 4798 -JOHN and LINDA KOWALSKI. ZBA Secretary, Linda Kowalski, recused herself and left the room during this hearing. This is an application for a Special Exception to establish Accessory Bed and Breakfast use in conjunction with owners' residence as provided under Article III, Section 100-30B(14)of the Zoning Code. Location of Property: 930 Ole Jule Lane, Mattituck, NY; County Page 2-Minutes Meeting held April 6, 2000 Southold Town Board of Appeals Tax Map Parcel 1000-114-12-13.7. Charles Cuddy, Esq. and applicant,John Kowalski, both appeared and spoke in behalf of this request. Opposing the application was a neighbor, Roberta Kalous of 1205 Ole Jule Lane, Mattituck. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (5-0). 6:38-6:44 p.m. Appl. No.4793-THOMAS TAYLOR. This is a request for Variances under Article XXIV,Section 100-244B and Article III-A,Section 100-30A.4, based upon the building Department's February 7,2000 Notice of Disapproval and a building permit application to locate (a) a proposed addition to dwelling with reduction in the existing nonconforming side yards, and (b) to locate northerly portion of garage partly in a side yard, at 2755 Westphalia Road, Mattituck; 1000-114-10-20. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (5-0). 6:44-6:52 p.m. Appl. No.4780-LAWRENCE and JOSEPHINE PEARLSTEIN. Continuation from March 2,2000. (Request to approve shed location at 2225 North Sea Dr,Southold; 1000-04-4-23.) Mr.Pearlstein spoke briefly. Also speaking was Mrs. Lampeas representing her parents, Mr. and Mrs. John Chihlas, residents of property across the street. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora,and duly carried,to close(conclude)the hearing, pending deliberations. This Resolution was duly adopted (5-0). 6:52 -7:08 p.m.Appl. No. 4802-ROBERT AND ANDREA MOHR. This is a request for a Variance under Article III, Sections 100-31A and 100-31C(1), based upon the Building Department's February 29, 2000 Notice of Disapproval and an application for a building permit to construct a storage building related to applicant- owners' proposed agricultural use of the property. Location:630 Wabasso Street,Southold; Parcel 1000-78-3- 64. Zone District: R-40 Low-Density Residential. Mr. and Mrs. Mohr appeared in behalf of their application. Board Members told the applicants that their request fell under the "use variance standards" of law, which must be addressed. Speaking against the project were: Mr.Walter Wenchell, Mrs.Albro, Catherine LoFrese, neighbors. (Please see written transcript for statements.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to RECESS the hearing to a date of THURSDAY, MAY 4, 2000, to allow time for the applicants to submit the information requested. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:08 Appl. No. 4801 -NANCY WEBER. This is a request for a Variance under Article XXIII,Section 100-239.4A, based upon the Building Department's March 2, 2000 Notice of Disapproval and an application for a building permit to locate a proposed pool at less than 100 feet from the top (or crest) of the bluff at 160 The Strand, Pebble Beach Lot No. 137, East Marion, NY; Parcel 1000-21-5-7. Mrs. Jill Doherty spoke in behalf of the applicant,who was not able to attend. Opposing the project was Dr. R.Trowbridge. After receiving testimony, motion was offered by Chairman Goehringer,seconded by Member Collins,to RECESS the hearing to a date of MAY 4,2000. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:19 p.m. Appl. No. 4795 - CHARLES BRIENZA. This is a request for a Variance under Article XXIII, Section 100-239.4A(1), based upon the Building Department's January 20, 2000 Notice of Disapproval and an application for a building permit to locate a new single-family dwelling at less than 100 feet from the bank(or bluff) of the Long Island Sound. Location of Property: Lot 5 on the Map of Lands End, also known as 1240 Latham Lane, Orient; 1000-15-9-1.5. Appearing in behalf of the applicant were Robert Brown, R.A. and assistant Amy Martin, both with Fairweather-Brown,Architects.After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). (Member Horning was absent during the Resolution.) (Member Horning was excused at approximately 8:27 p.m. ) Page 3-Minutes Meeting held April 6, 2000 Southold Town Board of Appeals 8:29 p.m. Appl. No.4797-JOHN XIKIS. This is a request for a Variance under Article IIIIA,Section 100-30A(13) and Article XXIII, Section 100-239(A)(2), based upon the Building Department's two Notices of Disapproval dated January 24,2000 and an application for a building permit to locate a proposed deck addition to dwelling which will exceed the 20% lot coverage limitation of the Code and located at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 55585 County Road 48 (a/k/a North Road), Greenport; 1000-44-1-13. Appearing in behalf of the applicant was their contractor, Clement Charnews. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). (Member Horning was absent.) 8:31 p.m. Appl. No. 4800 -JEFFREY GREEN. This is a request for a Variance under Article XXIII,Section 100- 239.413, based upon the Building Department's March 2, 2000 Notice of Disapproval and an application for a building permit to locate deck at less than 75 feet from the existing bulkhead at 480 Williamsburg Drive, Southold; 1000-78-5-10. Appearing in behalf of the applicant was their contractor, Michael Liegy. Speaking with concerns and objections were Mr. Spitzenburg. After receiving testimony, motion was offered by Chairman Goehringer,seconded by Member Collins,and duly carried,to close(conclude)the hearing,pending deliberations. This Resolution was duly adopted(4-0). (Member Horning was absent during this hearing.) 8:50 -8:53 p.m. Appl. No. 4794 - MARK LAMPL. This is a request for a Variance under Article XXIII, Section 100-239.4A(1), based upon the Building Department's January 25, 2000 Notice of Disapproval and an application for a building permit to locate a proposed swimming pool at less than the existing 66+- ft. nonconforming setback from the bluff of the Long Island Sound. (Section 100-239.4A of the Zoning Code provides for a minimum setback landward of existing principal dwelling,or a minimum of 100 feet from the top of the bluff.) Location of Property: Lot 127 on the Map of Pebble Beach; also known as 910 The Strand Way, East Marion; 1000-30-2-81. Appearing in behalf of the applicant was J. Kevin McLaughlin, Esq. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried,to close(conclude)the hearing, pending deliberations. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Horning was absent during this hearing.) 8:53 p.m. COMBINED HEARINGS. JAMES MESKOURIS, CHRIS MESKOURIS &ors. Speaking in behalf of the applicants was Mrs. Chris Rivera: Appl. No.4803-This is a request for Relief from Condition No.2 of Appl. No.3951 and Appl. No.3957 to allow a proposed roof with canopy structure over existing deck. The prior Conditions relating to the existing deck were based on Variances under Article XXIII, Section 100-239.4A(1) and Article XXIV, Section 100-244, for a reduced setback from the top of the sound bluff and for lot coverage exceeding 20%. The Building Department's 1/25/00 Notice of Disapproval, amended March 8,2000 for 1300 Sound Beach Drive, Mattituck; 1000-106-1-37. Appl. No.4807-This is a request for Relief from Condition No.2 of Appl. No.3951 and Appl. No.3957 to allow a proposed roof with canopy structure over existing deck. The prior Conditions relating to the existing deck were based on Variances under Article XXIII,Section 100-239.4A(1)and Art.XXIV,Section 100-244,for a reduced setback from the top of the sound bluff and for lot coverage exceeding 20%. The Building Department's 1/25/00 Notice of Disapproval regarding property at 1350 Sound Beach Drive, Mattituck; 1000-106-1-36. After receiving testimony,motion was offered by Chairman Goehringer,seconded by Member Tortora,and duly carried,to close(conclude)the hearing, pending deliberations. Vote of the Board: Ayes: All. This Resolution was duly adopted(4-0). (Member Horning was absent during this hearing.) 9:05 -9:48 p.m. Appi. No. 4804-ASTRID GADDIS. Applicant requests Variances under Article XXIII, Section 100-239.413 and Article XXIV, Section 100-242A, based upon the Building Inspector's February 29, 2000 Notice of Disapproval and an application for a building permit to locate proposed dwelling addition. The proposed addition will be less than 75 feet from the bulkhead and will have side yards at less than the existing 14'9" y Page 4-Minutes Meeting held April 6, 2000 Southold Town Board of Appeals iRECEUVED AUMD FILED BY THE SO T I-CIL DATE/�/°/o / HOUR " e Tow clerk, Tl own of Soirfl d l nonconformity. Location of Property: 7020 Great Peconic Bay Boulevard, Laurel; Parcel No. 1000-126-11-6. Speaking in behalf of the applicant was Jeffrey Butler, Architect. Speaking against the application and representing adjoining landowners were: Abigail Wickham, Esq. representing Ms. Shannon, and Patricia Moore, Esq. representing Mr. and Mrs. Katz. After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS the hearing to MAY 4, 2000 for a continuation. The applicant was asked to furnish the map as amended showing the 13+-ft.setback,offered by applicant as amended. Vote of the Board: Ayes: Members Goehringer, Dinizio, Tortora, Collins. This Resolution was duly adopted (4-0). (Member Horning was absent during this hearing.) 9:48 p.m. Appl. No. 4796 - RON AND SUSAN MELAMUD. This is a request for a Variance under Article III, Section 100-33, based upon the Building Department's February 11, 2000 Notice of Disapproval and an application for a building permit to locate an accessory in-ground swimming pool and deck in an area other than the required rear yard. Location of Property: 18603 Main Road (S.R. 25), East Marion; Parcel 1000-17-5- 3.2. Speaking in support of the application were the owners'attorney, Patricia C. Moore,and Susan Melamud. Mr. Melamud was also present. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora,and duly carried,to close(conclude)the hearing,pending deliberations. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Horning was absent during this hearing.) 10:28 p.m. Appl. No.4799-RUTHANN BRAMSON. This is a request for a Variance under Article XXIII,Section 100-239.413, based on the Building Department's February 29,2000 Notice of Disapproval and an application for a building permit to locate a proposed addition to existing dwelling. The proposed addition will be less than 75 feet from the bulkhead. Location of Property: 12402 Main Road,East Marion; Parcel 1000-31-14-4.5. Speaking in behalf of the property owner was their attorney, Anthony B. Tohill. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing, pending deliberations. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Horning was absent during this hearing.) 10:48 p.m. Appl. No.4808-PETER AND MAUREEN MOORE. Applicants are requesting Variances under Article III-A,Section 100-30A.3 for approval of the front and side yard setbacks,"as built"for a new foundation (B.P.# 26382 issued 3/9100). Location of Property: 2155 Anchor Lane at Harbor Lights Estates, Southold; County Parcel 1000-79-4-37.Apearing in behalf of the contract vendees was their Builder, Michael Pisacano. Speaking against the application was Mr. Jesse Wolf, property owner to the west. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close (conclude) the hearing, pending deliberations. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Horning was absent during this hearing.) End of Hearings. The Chairman confirmed that the deliberations and decisions on the above matters would be carried over to the date of the Special Meeting. There being no other business properly coming before the Board at this time,the Chairman declared the meeting adjourned at approximately 11:10 p.m. Respectfully submitted,, *Lnd a �l/?VG�iIGC Kowalski, Clerk Board of Appeals 4/25/00 Approved for Filing -Gerard P. Goe anger, Chairman