HomeMy WebLinkAboutZBA-07/06/2000 APPEtLS BOARD MEMBERS O�OSVFFO(�(►C
OG Southold Town Hall
Gerard-P. Goehringer, Chairman 53095 Main Road
James Dinizio,Jr. y Z P.O. Box 1179
Lydia A. Tortora Southold, New York 11971
Lora S. Collins ZBA Fax (631) 765-9064
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George Horning Ol `1O Telephone (631)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, JULY 6, 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, July 6,
2000 commencing at 6:35 p.m.
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Lydia A. Tortora, Member
George Horning, Member(until 8:55 as agreed)
Lora S. Collins, Member
Linda Kowalski, Secretary to ZBA
6:35 p.m. Chairman Gerard P. Goehringer called the meeting to order.
I. SEQRA REVIEW DETERMINATIONS: Motion was offered by Chairman Goehringer,
seconded by Member Collins, and duly carried, to confirm the following actions:
Unlisted Action Category with Negative Declaration (No Effect): None.
Type II (No Further Review):
Appl. No. 4835 - W. and G. Bertodatti. Addition - setback location.
Appl. No. 4837 - H. Cashy and M. Misthos - Accessory structures/setback locations.
Appl. No. 4838 - E. Sidor. Accessory building/yard location.
Appl. No. 4833 - J. and H. Berdinka. Lot area in lot-line change request.
Appl. No. 4836 - V. Koch. Interpretation of definitions.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 2 -Minutes
Regular Meeting -July 6, 201
Southold Town Board of Appeals
II. PUBLIC HEARINGS: The following hearings were held, and except as may otherwise
be noted below, the hearing were concluded (closed):
6:37 p.m. Appl. No. 4829 - Dr. ANTHONY PELUSO. Proposed garage addition
with insufficient side yard setback at 185 Inlet Drive, Greenport. Dr. and Mrs. Peluso both
appeared and submitted an amended plan for a garage addition at 77, at its closest point
to the north side property line. Also submitted were letters in support of the variance from
neighbors. RESOLUTION: After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Horning and duly carried, to close (conclude) the
hearing. This Resolution was duly adopted (5-0). (Please see the office file as well as the
transcript of verbatim statements prepared under separate cover by Lucia Farrell, and
filed with the Town Clerk for permanent record-keeping.)
6:41 p.m. Appl. No. 4835 - WILLIAM F. and GLORIA BERTODATTI, Contract
Vendees (Owner: 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;
Parcel 1000-38-3-25. (There was no appearance and the Board held off opening the
hearing until the end of the remaining hearings, for a possible late appearance.)
6:43 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. Mr. Edward Sidor spoke in support of his
application. (There was no opposition submitted for the record at this time.)
RESOLUTION: After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Tortora, and duly carried, to close (conclude) the hearing. This
Resolution was duly adopted (5-0). (Please see the office file as well as the transcript of
verbatim statements prepared under separate cover by Lucia Farrell, and filed with the
Town Clerk for permanent record-keeping.)
* k
DELI BERATIONS/DECISION:
6:46 p.m. Appl. No. 4839 - DR. A. PELUSO. Please see attached Findings and
Determination as adopted, attached as though fully set forth herein.
Page 3 —Minutes
Regular Meeting - July 6, 20h_
Southold Town Board of Appeals
IV. RESOLUTIONS/UPDATES/OTHER: Motion was made by Member Tortora,
seconded by Chairman Goehringer, and duly carried, to authorize advertising of the
following new applications for public hearings at the August 10, 2000 Regular Meeting:
6:15 p.m. A & S GULF. (Continued hearing) Variance for canopy and addition due
to setbacks and lot coverage. Gasoline station located at the intersection of Main Road
and Bayview Road, Southold.
6:20 p.m. Appl. No. 4835—WILLIAM F. and GLORIA BERTODATTI.
6:25 p.m. Appl. No. 4826 - WILLIAM PENNY III. (Continued from earlier hearing
calendars). Variance requested based on a Notice of Disapproval which states that the
proposed building is greater than 60 ft. wide; C.R. 48, Southold; 1000-55-5-2.2.
6:30 p.m. Appl. No. 4839—WATER WENCHELL.
6:35 p.m. Appl. No. 4848 - SUSAN LOMANGINO. Variance for accessory
buildings, after moving principal dwelling location to the south of existing accessory
buildings placing them in a new yard (front yard). 1150 Old Main Road and N/s Peconic
Bay Boulevard, Laurel. 1000-122-7-8.6 containing 60+- acres.
6:40 p.m. Appl. No. 4840 - MARGARET AND EDWIN PISANI. Variance for deck
addition to dwelling at less than required 75 feet from bulkhead at 7180 Peconic Bay
Boulevard, Laurel. 1000-126-11-9.1.
6:50 p.m. Appl. No. 4842 - JOHN AND LISA MOLNAR. 1000-86-1-4.24.
6:55 p.m. Appl. No. 4843 - M. COGEN and M. HOWARD.
7:05 p.m. Appl. No. 4844— DONALD BUSKARD.
7:15 p.m. Appl. No. 4845 — ROBERT FRENTZEL.
7:20 p.m. Appl. No. 4847— ROGER YOUNG & ors.
7:30 p.m. Appl. No. 4837—CASITY& MISTHOS.
7:35 p.m. Appl. No. 4846—W. and K. KNOERSCHILD.
7:40 p.m. Appl. No. 4841 — E. AND I. SCHACHTER.
Page 4 -Minutes
Regular Meeting -July 6, 2G,,
Southold Town Board of Appeals
VOTE OF THE BOARD: AYES: All. This Resolution was duly adopted (5-0).
DELIBERATIONS/DECISION: Appl. No. 4838- EDWARD SIDOR. Approved with
conditions. See official Findings and Determinations as adopted, attached and incorporated
as though fully written and set forth herein.
II. PUBLIC HEARINGS, continued:
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. spoke in behalf of the
owners-applicants, who were also present. Also speaking in support of the application
was Joseph Ingegno, Land Surveyor. Opposing the application were owners of the
westerly adjoining lot, Mary Butz and Diane Ravitch. Also opposing the application were
nearby landowners Diane Judd, John Mullady, Mrs. Toedter, Melanie Mitzner. After
receiving testimony, motion was made by Chairman Goehringer, seconded by Member
Collins, and duly carried, to recess the hearing until August 10, 2000. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
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. spoke in behalf of the applicants. (No one
appeared in objection to the hearing at this time.) (See decision later in meeting.)
7:44 p.m. RESOLUTION: Appl. No. 4835 - WILLIAM F. and GLORIA BERTODATTI.
Motion was made by Chairman Goehringer, seconded by Member Horning, to RECESS this
hearing until August 10, 2000 unless Mr. DiNicole appears before the end of the meeting.
VOTE OF THE BOARD: AYES: All. This Resolution was duly adopted (5-0). (Please note
that Mr. Bertodatti did not appear before the end of the hearing.)
.Page 5 —Minutes
Regular Meeting -July 6, 20'!�
Southold Town Board of Appeals
II. PUBLIC HEARINGS, continued:
CHAIRMAN GOEHRINGER RECUSED HIMSELF AND LEFT THE MEETING WHILE THE
NEXT HEARING WAS CONDUCTED:
7:45 p.m. Appl. No. 4828 - ROBERT D'URSO and RICHARD OVERHULS
(Owners), and MICHAEL DELUCA (Contract Vendee). This is a request fora 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. David Worthington Olsen, Esq. spoke in behalf of the applicants. Opposing the
application were the owners of the adjoining lot (Lot 35), Cathy Williams and her husband
Mr. Williams, neighbor Howard Wells, resident of Bay View Road, Steve Sweeney. After
hearing testimony, motion was made by Member Dinizio, seconded by Member Collins,
and duly carried, to close the hearing. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
8:27 p.m. CHAIRMAN GOEHRINGER RETURNED AND PARTICIPATED WITH THE
REMAINDER OF THE MEETING:
8:28 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. The Chairman opened the hearing and asked if anyone was present to
speak for the applicant, and there was no response. Motion was offered by Member
Collins, seconded by Chairman Goehringer, to recess the hearing to AUGUST 10, 2000
for an appearance and further information. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
8:29 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 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. spoke in behalf of the
applicant, who (Sukru Ilgin) was also present. Opposing the application were Victor
Trunce in behalf of his mother, an adjacent landowner. After receiving testimony, motion
was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to
RECESS the hearing until AUGUST 10, 2000. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
Page 6 -Minutes
Regular Meeting -July 6, 26-,_
Southold Town Board of Appeals
II. PUBLIC HEARINGS, continued:
8:53 - 9:30 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. spoke in behalf of Mr. and
Mrs. Koch, who were also present. Speaking in behalf of the Building Department
was its Department Head, Edward Forrester. CDR Consultants (Chris Rivera) was
present during the hearing. After hearing testimony, motion was made by Chairman
Goehringer, seconded by Member Collins, and duly carried, to close the hearing.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member
Horning left at approximately 8:55 p.m. and therefore was absent during the
resolution)
9:30 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 was present with Mr. Meskouris and spoke
in behalf of the application. Opposing the application was Patricia Moore, attorney for the
adjoining landowner to the west, Mr. and Mrs. Koch, who were also present. After
hearing testimony, motion was made by Member Dinizio, seconded by Member Collins,
and duly carried, to close the hearing. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0). (Member Horning was absent at this time.)
End of hearings.
III. DELIBERATIONS/DECISIONS: The Board deliberated on the following matters. The
determinations were adopted as noted on the attached official findings and determination,
c , .Page 7 —Minutes
Regular Meeting -July 6, 20,- _
Southold Town Board of Appeals
the originals of which were filed with the Office of the Town Clerk pursuant to New York
Town Law:
Appl. No. 4833 —John and Helen Berdinka — (Approval).
(No other decisions were rendered at this time, and matters pending deliberations and
decisions were carried over to another meeting.)
The Chairman called a Special Meeting for Tuesday, July 25, 2000 at 6:30 p.m.
There being no other business properly coming before the Board at this time, the Chairman
declared the meeting adjourned at 10:10 p.m.
Respectfully submitted,
owalski
A roved fo Fili g
Decisions Attached: (3)
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