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HomeMy WebLinkAboutZBA-06/08/2000 APPEALS BOARD MEMBERS OG Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio,Jr. y P.O. Box 1179 Lydia A. Tortora • Southold, New York 11971 Lora S. Collins y,�O a�! ZBA Fax(631)765-9064 George Horning Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, JUNE 8, 2000 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, June 8, 2000 commencing at 6:38 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, Secretary to ZBA 6:38 p.m. Chairman Gerard P. Goehringer called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: SEQRA REVIEWS/DETERMINATIONS: Motion was offered by Chairman Goehringer, seconded by Member Tortora, to ADOPT the following RESOLUTION: BE IT RESOLVED, to declare the following designations of Type II and Unlisted projects, and to declare No Adverse Effect on the Environment for the following: Unlisted Action Category: Appl. No. 4823 - L. and M. Beninati. Accessory B & B. Type II Category: Appl. No. 4820 - D. Principi (setback). Appl. No. 4821 - E. Romagnoli (lot coverage and setback) Appl. No. 4825 - S. Testa (setbacks). Appl. No. 4826 -W. Penny III (building width) Appl. No. 4827 - V. Mangiamele (waiver to unmerge lot) Appl. No. 4828 - R. D'Urso & ors. (waiver to unmerge lot) Appl. No. 4829 - Dr. A. and W. Peluso. Garage Addition (Setback). Appl. No. 4830 - B. Hess (setback) (continued on next page) Page 2 —Minutes June 8, 2000 Regular Meeting Southold Town Board of Appeals Appl. No. 4831 - D. and J. Dey (yard location) Appl. No. 4832 - J. Sleckman (setback). Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. II. PUBLIC HEARINGS:. The Chairman introduced each application and proceeded with public hearings. Transcripts of the statements and discussions for the following hearings have been prepared by Lucia Farrell under separate cover. 6:39 p.m. Appl. No. 4820 - DOLORES PRINCIPI. This is an application under Article XXIX, Section 100-239.4A and submitted pursuant to Conditions set forth under ZBA Appeal No. 4225. Appeal No. 4225 was denied on May 4, 1994, with an exception for temporary placement of the existing cottage without expansion or enlargement for a limited period of up to five years in a location less than 100 feet from the Long Island Sound bluff. Applicant is requesting approval by the Board of Appeals for issuance of a Certificate of Occupancy as exists in its present location. Location of Property: Lot No. 2, Map of Blue Horizons, 4660 Blue Horizons Bluffs, Peconic; Parcel 1000-74-01-35.52. Mrs. Dolores Principal and her son, Richard Joseph Principi, Jr. both spoke in behalf of their application. Board Members asked for up-to-date information, an updated survey and other information that would show the condition of the bluff and changes during the past 6+- years. The Chairman indicated he is waiting for recommendations from the Suffolk County Soil and Water Conservation District Office. The applicants asked for a postponement to the September meeting in order to provide the requested updates. (Please see written transcript of hearing prepared separately.) RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Horning, and duly carried, to RECESS the hearing for a continuation at the Board's September (14`h) Regular Meeting. This Resolution was duly adopted (5-0). 7:10 p.m. Appl. No. 4823 - LEE AND MARIE BENINATI. This is a request for a Special Exception under Article III, Section 100-31 B(14) for renting of rooms in the owner-occupied dwelling for lodging and serving of breakfast to casual and transient roomers. The proposed Bed and Breakfast is an accessory use incidental and subordinate to the principal use by the owner- residents of the dwelling. Location of Property: 3070 Peconic Lane, Peconic, NY; Parcel 1000- 74-3-15. Mr. and Mrs. Beninati spoke in behalf of their application. (There were no objections offered by anyone in the audience. Please refer to verbatim transcript prepared separately.) RESOLUTION: After receiving testimony, the Chairman offered a motion to close the hearing, seconded by Member Horning, and carried unanimously. This Resolution was duly adopted (5-0). 7:13 p.m. Appl. No. 4829 - DR. ANTHONY and WILHELMINA PELUSO. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Inspector's April 21, e l Page 3 —Minutes June 8, 2000 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS, continued: 2000 Notice of Disapproval for the reason that the proposed garage addition will not meet the code requirement for a ten (10) ft. side yard setback. Location of Property: 185 Inlet Drive, Greenport; Parcel 1000-43-4-37. Dr. Anthony Peluso spoke in behalf of this application. After discussions, Board Members asked Dr. Peluso if he would accept alternative relief in the event that a vote would not pass for approval, and Dr. Peluso wanted time to consider before answering the question. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Collins, to RECESS the hearing as requested by Dr. Peluso for a continuation on July 6, 2000. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Homing, Collins. This Resolution was duly ADOPTED (5-0). 7:34 p.m. Chairman Jerry Goehringer recused himself and left the room while the hearing was held. Chairman Pro Tern Jim Dinizio chaired the meeting at this time. 7:34 p.m. Appl. No. 4828 - ROBERT D'URSO and RICHARD OVERHULS (Owners), and MICHAEL DELUCA (Contract Vendee). This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY. Gary Flanner Olsen, Esq. appeared for the applicants and requested a recess for the reason that the owner of the lot merged with his client's property was not given notice by their office. RESOLUTION: Motion was offered by Chairman Pro Tern Dinizio, seconded by Member Horning, and duly carried, to RECESS the hearing for a continuation on JULY 6, 2000 as requested by applicants' attorney. This Resolution was duly adopted (4-0). Chairman Goehringer was absent. 7:40 p.m. Chairman Goehringer returned to the meeting at this time, and Chairman the remainder of the meeting. 7:40 p.m. Appl. No. 4825 - STEPHEN TESTA. This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspector's May 2, 2000 Notice of Disapproval for the reason that the proposed addition to dwelling will increase the degree of side yard nonconformance. The existing side yard is nonconforming at 13.7 feet on one side, and the code requirement is 20 ft. minimum. The existing side yards combined are nonconforming at 21.3 feet, and the code requirement for both sides combined is 35 feet. Location of Property: 545 Reeve Avenue, Mattituck; Parcel 1000-114-9-9. Catherine Mesiano spoke in behalf of the Testa application. (Please see verbatim transcript for discussions.) (There were no objections offered by anyone in the audience.) RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 4 -Minutes June 8, 2000 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS, continued: 7:45 p.m. Appl. No. 4827 - VINCENT MANGIAMELE. This is a request for a Lot Waiver under Section 100-26 of the Zoning Code to unmerge Lot 1000-126-7-3 from Lot 1000-126-7-31. Applicant's request to build on Lot 3 was disapproved on January 25, 2000 under Section 100- 25A for the reason that Lots 3 and 31 have been held in common ownership. Location of Property: Bray Avenue and Sixth Street, Mattituck. Gary Flanner Olsen, Esq. spoke in behalf of the applicant. (There were no objections offered by anyone in the audience.) RESOLUTION: 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). 7:54 p.m. Appl. No. 4831 - DOUGLAS AND JANE DEY. This is a request for a Variance under Article III, Section 100-33 based on the Building Inspector's May 12, 2000 Notice of Disapproval for the reason that the proposed accessory in-ground pool and pool house are located within front yard on Ship's Drive frontage instead of the required rear yard. Location of Property: 4745 North Bayview Road, Southold, NY; Parcel 1000-79-3-24.1. Mr. and Mrs. Dey spoke regarding their application. (There were no objections offered by anyone in the audience.) RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 7:56 p.m. Appl. No. 4826 - WILLIAM A. PENNY III. This is a request for a Variance under Article X, Section 100-103C based on the Building Inspector's January 6, 2000 Notice of Disapproval for the reason that the proposed new storage building in this B-General Business Zone District will have more than sixty (60) linear ft. of frontage on one street. Location of Property: 45450 C.R. 48, Southold; Parcel 1000-55-5-2.2. Mr. Penny spoke in behalf of his application and submitted an elevation map for the record. (There were no objections offered by anyone in the audience.) RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, to RECESS the hearing for a continuation on JULY 6, 2000. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 8:16 p.m. Appl. No. 4832 - JAMES SLECKMAN. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Inspector's May 11, 2000 Notice of Disapproval which states that the as-built deck addition does not conform to the required front yard setback of 35 ft. minimum. Location of Property: 375 Oak Drive, Southold; Parcel 1000-77- 2-12. J. Kevin McLaughlin, Esq. spoke in behalf of the applicant. (There were no objections offered by persons in the audience.) At this time the Board deliberations and granted the applied as applied for. (See attached official findings and determination/resolution, the original of which was filed with the Office of the Town Clerk.) Page 5 —Minutes June 8, 2000 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:25 p.m. Continued hearing: A & S SOUTHOLD OIL CORP. (with E.M. & T. Inc.). Property Location: 49670 Main Road, Southold; 1000-70-7-4. Architect Garrett Strang spoke in behalf of the applicant. After further discussions, the Board indicated that it is requesting Planning Board comments since their department's reviews of Mr. Strang's June 6, 2000 letter and map information prior to the next ZBA public hearing (July 6, 2000). Opposing the code-authorized convenience store use, lighting and increased hours of business operations was Victor Trunce, immediate neighbor in the residence across Bayview Road. RESOLUTION: After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Collins, to RECESS the hearing for a continuation to be held JULY 6, 2000. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:00 p.m. Appl. No. 4821 - ELAINE ROMAGNOLI. This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspector's May 9, 2000 Notice of Disapproval which states that the addition to dwelling has an existing nonconforming lot coverage and an increase in the nonconformance or degree of nonconformance is being created. Location of Property: 1230 First Street, New Suffolk; Parcel 1000-117-7-29. Patricia Moore, attorney, appeared in behalf of Mrs. Romagnoli. (There were no objections offered by persons in the audience.) RESOLUTION: After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Collins, to CLOSE the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:22 p.m. Appl. No. 4830 - BENNETT HESS. This is a request for a Variance under Article XXIV, Section 100-244B based on the Building Inspector's May 9, 2000 Notice of Disapproval which states that the proposed dwelling construction will not have a front yard setback of 35 feet on North Oakwood frontage. Location of Property: Comer of Peconic Bay Boulevard and North Oakwood Road, Laurel; Parcel 1000-145-1-5. Denis Dugan, A.I.A. spoke in behalf of the applicant. (There were no objections offered by persons in the audience.) After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Collins, to CLOSE the hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:28 p.m. (Continued hearing from May 4, 2000): Appl. No. 4818 - CHRIS MESKOURIS & ORS. Property Location: 675 Summit Drive, Mattituck, NY; Parcel 1000-106-1-47. Chris Rivera spoke in behalf of the applicants. Opposing the application were Vivian Koch by Patricia Moore, who indicated an Interpretation Appeal will be forthcoming with respect to definitions (setbacks from a right-of-way). Chairman Goehringer offered a motion, seconded by Member Dinizio, to POLL the Board about closing the hearing based on the owner's application requesting variance relief. Members Dinizio, Tortora, Collins and Horning chose not to close the hearing. Page 6 —Minutes June 8, 2000 Regular Meeting Southold Town Board of Appeals RESOLUTION: A motion was then offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to_RECESS the hearing to July 6, 2000. Vote of the Board: Ayes: All (5). End of hearings. III. DELIBERATIONS/DECISIONS: A. Carryover from previous meeting: Denial with Alternative Relief: Appl. No. 4804-A. Gaddis Approval with Conditions: Appl. No. 4816- V. Daley B. Carryovers from tonight's hearing calendar. Approvals: Appl. No. 4830 - B. Hess Appl. No. 4827 -V. Mangiamele Appl. No. 4831 - D. and J. Dey Appl. No. 4825 - S. Testa Appl. No. 4821 - E. Romagnoli Approval with Conditions: Appl. No. 4823 - L. and M. Beninati IV. RESOLUTIONS/UPDATES/OTHER: A. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to authorize advertising of the following new applications to be held Thurs., July 6, 2000: 6:30 p.m. Appl. No. 4829 - Dr. ANTHONY PELUSO. Proposed garage addition with insufficient side yard setback at 185 Inlet Drive, Greenport. 6:35 p.m. Appl. No. 4835 - WILLIAM F. and GLORIA BERTODATTI, Contract Vendees (Limpet Corp.). This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's May 12, 2000 Notice of Disapproval. The reason that the application for a building permit for a one-family dwelling was disapproved is that the proposed structure is located at 20 feet with a cantilever and 18 feet in the rear, and the Code requires a minimum rear yard of 35 feet on this 11,107+- sq. ft. lot. Location of Property: 1510 East Gillette Drive, East Marion; Parcel1000-38-3-25. Page 7 —Minutes June 8, 2000 Regular Meeting Southold Town Board of Appeals IV. RESOLUTIONS/UPDATES/OTHER, CONTINUED: 6:40 p.m. Appl. No. 4838 - EDWARD SIDOR. This is a request for a Variance under Article III, Section 100-33 based on the Building Department's June 9, 2000 Notice of Disapproval. The reason that applicant's request for a building permit was disapproved is that the subject lot has two front yards, and the proposed accessory structure is located within the front yard on the eastern side of the lot. Location of Property: 200 Conklin Road, Mattituck, NY; Parcel 1000-139-4-12.2. 6:50 p.m. Appl. No. 4837 - HARRY CASITY and MARIA MISTHOS. This is a request for a Variance Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold; Parcel 1000-50-1-3. Charles Cuddy, Esq. 7:00 p.m. Appl. No. 4833 - JOHN AND HELEN BERDINKA. This is a request for a Variance based on the Building Department's March 28, 2000 Notice of Disapproval. The reason stated for the disapproval is that under Article III-A, Section 100-30A.4, the Bulk Schedule requires a minimum lot size of 40,000 sq. ft. in this R-40 Residential Zone District and that the proposed lot line change creates a lot with a greater degree of non-conformity. Location of Property: 1260 and 1330 Factory Avenue, Mattituck; Parcel Nos. 1000-142-1-7 &8. Daniel C. Ross, Esq. 7:10 p.m. Appl. No. 4828 - ROBERT D'URSO and RICHARD OVERHULS (Owners), and MICHAEL DELUCA (Contract Vendee). This is a request for a Lot Waiver as provided under Article ll, Section 100-26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY. Gary Flanner Olsen, Esq. 7:30 p.m. Appl. No. 4826 - WILLIAM PENNY III. (Continued from June 8, 2000 hearing calendar). Proposed building greater than 60 ft. wide along C.R. 48, Southold; 1000-55-5-2.2. T. McCarthy. 7:35 p.m. Appl. No. 4813 - A & S SOUTHOLD OIL CORP./E.M.T. INC. (Continued from prior hearing calendars). Proposed canopy with request for variance on front Page 8 —Minutes June 8, 2000 Regular Meeting Southold Town Board of Appeals (Resolution to Calendar July 6, 200 Hearings, continued:) yard setback and addition to building with insufficient rear yard setback at 49610 Main Rd. (and Bayview Rd.), Southold; 1000-70-7-4. Garrett Strang, R.A. 7:40 p.m. Appl. No. 4836 - VIVIAN KOCH. This is a request for an Interpretation of the Zoning Code, Section 100-13, regarding the setback(s) referred to in the Building Department's May 9, 2000 Notice of Disapproval, amended June 9, 2000. The June 9, 2000 Amended Notice of Disapproval reads as follows: Proposed (dwelling) construction on non-conforming lot not permitted pursuant to Article XXIV, Section 100-244B which requires a minimum front yard setback of 40 feet, subject lot has right-of-way across property on easterly boundary creating front yard on that frontage. Setback on that frontage proposed at 12-1/2+- feet from boundary of right- of-way, 20 feet from property line. Location of Property: 675 Summit Drive, Mattituck; Parcel 1000-106-1-47. Patricia C. Moore, Esq. 7:50 p.m. Appl. No. 4818 - C. MESKOURIS. This is a request for a Variance based on a June 9, 2000 Amended Notice of Disapproval which reads as follows: Proposed (dwelling) construction on non-conforming lot not permitted pursuant to Article XXIV, Section 100-244B which requires a minimum front yard setback of 40 feet, subject lot has right-of-way across property on easterly boundary creating front yard on that frontage. Setback on that frontage proposed at 12-1/2+- feet from boundary of right-of-way, 20 feet from property line. Location of Property: 675 Summit Drive, Mattituck; Parcel 1000-106-1-47. C. Rivera, CDR Consultants. 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 at 10:50 p.m. Respectfully submitted, 6id a Kowa s i ecisions ed: p . 6/22/00 RECE DED AND FILED � Approved - Gerard . Goe ringer, C irman THE SOUTIiGLD TOVdt1 CEEi� DATE HOUR to Town Clerk, Town of Southold .