HomeMy WebLinkAboutZBA-08/10/2000 iAPP kLS_BOARD MEMBERS oS�FF01/(
p�► pG Southold Town Hall
C'Jerard R Goehringer, Chairman �� y� 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 �Ol �� Telephone (631) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, AUGUST 10, 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,
August 10, 2000 commencing at 6:20 p.m.
Present were:
Gerard P. Goehringer, Chairman
Lydia A. Tortora, Member
George Horning, Member (until 8:55 as agreed)
Lora S. Collins, Member
Linda Kowalski, Secretary to ZBA
Absent was:
James Dinizio, Jr., Member (illness).
6:20 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 Steps Necessary under SEQRA):
#4840- Pisani. E and M. Deck addn/bulkhead. Peconic Bay Blvd., Laurel
#4843-Cogen and Howard. Addn./Side yard. Fleetwood Rd, Cutch.
#4846- Knoerschild. W. & K. Garage/side yard. Fairway Farms, Cases La Ext.
#4841 - Schachter. E. Waiver to unmerge lot. Smith Dr. N., Southold
#4844- Buskard. C. Addn & Pool. Lot cov. and side yard loc. E. Gillette Dr.
#4847-Young. Roger. Lot Waiver.
#4818 - C. Meskouris- Front yard setback/principal building. Mattituck.
#4839- Wenchell, W. & L. Rear yard for addn. at Hiawathas Path.
#4842- Molnar. J. As built deck/rear yard at Indian Neck La., Peconic
#4845- Frentzel. R. Addn./rear yard. Old Orchard La, East Marion.
Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0).
Page 2=Minutes
Regular Meeting -August 1( . 100
Southold Town Board of Appeals
II. DELIBERATIONS/RESOLUTIONS: The Chairman proceeded with the following agenda
items:
A. Appl. No. 4828 - ROBERT D'URSO. Letter from the applicant's attorney, Gary
Flanner Olsen, Esq. with request to Reopen the Hearing on this matter for clarification of
testimony offered. RESOLUTION: Motion was offered by Member Tortora, seconded by
Member Collins, and duly carried, to schedule the REHEARING for September 14, 2000 as
requested under Appl. No. 4828. Vote of the Board: AYES: All. This Resolution was duly
adopted (4-0).
B. Appl. No. 4836-VIVIAN KOCH, adjoining landowner appealing Notice of Disapproval
of CHRIS MESKOURIS&OTHERS. RESOLUTION: Motion was offered by Member Tortora,
seconded by Member Collins, to schedule the request for an Interpretation fora public hearing to
be held September 14, 2000. Vote of the Board: AYES: Dinizio, Tortora and Collins. NAY:
Chairman Goehringer(for the reason there was an application pending by the landownerwhich
may involve a Board Interpretation ruling). This Resolution was duly adopted (3-1).
C. Appl. No. 4818-C. MESKOURIS. Appeal application. RESOLUTION: Motion was
offered by Member Tortora, seconded by Member Collins, to schedule the request for an
Interpretation for a public hearing to be held September 14, 2000. Vote of the Board: AYES:
Goehringer, Dinizio, Tortora and Collins. This Resolution was duly adopted (4-0).
III. PUBLIC HEARINGS: The following hearings were held, and except as noted below, a
Resolution was adopted after receiving testimony to conclude (close) the hearing record.
Please also see written Transcripts of Hearings prepared separately and filed with the Town
Clerk's Office for permanent record-keeping:
6:35 p.m. Appl. No. 4813 - A & S GULF. Variance for canopy and addition due to
setbacks and lot coverage. Existing gasoline station located at the intersection of Main Road
and Bayview Road, Southold. Architect G. Strang requested a postponement to September 14,
2000 for possible legal representation. RESOLUTION: Motion was made by Chairman
Goehringer, seconded by Member Tortora, and duly carried, to RECESS the hearing to the
September 14, 2000 Hearings calendar. This Resolution was duly adopted (4-0).
6:40 p.m. Appl. No. 4835-WILLIAM F. and GLORIA BERTODATTI. Peter DeNicola,
Builder, appeared in behalf of the applicants. No concerns or objections were received from
person(s) in the audience.
t Pagq 3-' Minutes
Regular Meeting -August V -00
Southold Town Board of Appeals
RESOLUTION:After receiving testimony, motion was offered by Chairman Goehringer
seconded by Member Collins, and duly carried, to close(conclude)the hearing. This
Resolution was duly adopted(4-0). (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 recordkeeping.)
6:45 - 6:46 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. There
was no appearance by the agent for the applicant, McCarthy Management. The Board held
the hearing open until 8:38 p.m. in the event the applicant's agent was running late. (See
8:28 p.m.when no appearance was noted, and the hearing time further extended to allow for
an appearance at another meeting date.)
6:46-7:05 p.m. Appl. No. 4839-WATER WENCHELL. Mr.Wenchell spoke in behalf of
his application. Appearing with concerns and opposition to this application was Mr. Edward J.
Fink, an adjoining landowner. RESOLUTION:After receiving testimony, motion was offered by
Chairman Goehringer seconded by Members Collins and Tortora, and duly carried, to close
(conclude)the hearing. This Resolution was duly adopted (4-0). (Please see official 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.)
7:05-7:15 p.m. SUSAN LOMANGINO. Appeal based on the Notice of Disapproval
dated July 6, 2000 for movement and construction of a principal dwelling to the south of
existing accessory structures, placing them in the southerly front yard. The property contains
more than one front yard with frontage along Old Main Road and Peconic Bay Boulevard,
Laurel. 1000-122-7-8.6 containing 60+-acres. Mr. Torkelson, Builder appeared in behalf of
the applicant. No one spoke in opposition at the hearing. After receiving testimony, motion
was offered by Member Collins, seconded by Member Horning, and duly carried, to close
(conclude)the hearing. This Resolution was duly adopted (4-0). Also see the office file as
well as the transcript of verbatim statements prepared under separate cover by Lucia Farrell,
for statements and other information of record.
7:15 p.m. Appl. No. 4840-MARGARETAND EDWIN PISANI. This is a requestfora
Variance under Article XXVIII, Section 100-239.4 of the Zoning Ordinance, based on the
Building Department's May 31, 2000 Notice of Disapproval. Applicants are requesting a deck
addition at less than 75 feet from the bulkhead at 7180 Peconic Bay Boulevard, Laurel; 1000-
126-11-9.1. Mrs. Pisani appeared in behalf of her application. No one spoke in opposition at
the hearing. After receiving testimony, motion was offered by Chairman Goehringer,
seconded by Member Tortora and Member Collins, and duly carried, to close (conclude)the
hearing. This Resolution was duly adopted (4-0). Also see the ZBA office file as well as the
. Page 4= Minutes
Regular Meeting -August 1(- 00
Southold Town Board of Appeals
transcript of verbatim statements prepared under separate cover by Lucia Farrell, for
statements and other information of record.
7:19 p.m. Appl. No. 4842-JOHN and LISA MOLNAR. Request for a Variance under
Article XXIII, Section 100-244, and the June 16, 2000 Notice of Disapproval issued by the
Building Department, for a proposed deck addition at less than 50 feet from the rear property
line at 625 Indian Neck Lane, Peconic; 1000-86-1-4.24. No one spoke in opposition at the
hearing. After receiving testimony, motion was offered by Member Collins, seconded by
Member Horning, and duly carried, to close(conclude)the hearing. This Resolution was duly
adopted (4-0). Also see the office file as well as the transcript of verbatim statements
prepared under separate cover by Lucia Farrell, for statements and other information of
record.
7:23 p.m. Appl. No. 4843-M. COGEN and M. HOWARD. Request for Variance under
Article XXIV, Section 100-244B, based on the Building Department's May 30,2000 Notice of
Disapproval for an addition to dwelling with a northerly side yard setback at less than 15 feet.
1395 Fleetwood Road, Cutchogue; 1000-137-4-31. Architect T. Heine spoke in behalf of the
applicants. No one spoke in opposition at the hearing. After receiving testimony, motion
was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to
close(conclude)the hearing. This Resolution was duly adopted(4-0). Also see the office file
as well as the transcript of verbatim statements prepared under separate cover by Lucia
Farrell, for statements and other information of record.
7:27 p.m. The next hearing was canceled .by Fairweather-Brown, Architects for the
applicants for the reason that an amendment would be filed modifying the project. Fairweather-
Brown requested a cancellation of this hearing and indicated they would submit amendments
and provide new notices. Tonight's advertised public hearing was not held for:
Appl. No. 4844- DONALD BUSKARD. 2705 Gillette Drive, East Marion; 38-3-18.
7:28 p.m. App. No. 4845 - ROBERT FRENTZEL. Request for a Variance under
Section 100-244B, based on the June 22,2000 Notice of Disapproval fora proposed addition
that does not meet the required minimum rear yard of 50 feet. 1900 Old Orchard Lane, East
Marion; 37-2-9.1. Deborah Doty appeared in behalf of the applicants, Robert and Melanie
Frentzel, who were present with their Architect Ian Fairweather. Mrs. Frentzel and Mr.
Torkelson, Builder, also spoke in support of the application. Opposing the application were
Mrs. Heese, Bob Hogan. Three letters opposing were also submitted. After receiving
testimony, motion was offered by Chairman Goehringer, seconded by Member Homing,and
duly carried, to close(conclude)the hearing. This Resolution was duly adopted (4-0). Also
see the office file as well as the transcript of verbatim statements prepared under separate
cover by Lucia Farrell, for statements and other information of record.
A short break was taken from 8:00-8:06 p.m.
Rage 5= Minutes 7
Regular Meeting—August 1C�.,__ 'DO
Southold Town Board of Appeals
Public Hearings, continued
8:06 p.m. Appl. No. 4847 — ROGER YOUNG & ORS. Request for Lot Waiver under
Section 100-26 to unmerge Lot 1000-128-3-12.4 from 128-3-12.5, based on the June 22,2000
Notice of'Disapproval issued by the Building Department stating the Lot 12.4 merged with
adjacent lot 12.5 under Section 100-25A of the Zoning Code. 3495 and 3585 Peconic Bay
Boulevard, Laurel; 1969 Minor Subdivision Map for Cecil Young. Gary Flanner Olsen, Esq.
spoke in behalf of the applicants. Mr. Myron Young also spoke about the family history to the
best of his knowledge. No one spoke in opposition at the hearing. 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(4-0). Also see the office file as
well as the transcript of verbatim statements prepared under separate cover by Lucia Farrell,for
statements and other information of record.
8:27 p.m. Appl. No. 4837— HARRY CASITY AND MARIA MISTHOS. A postponement
was requested by A. Tohill, Esq. and acceptable to the applicants. RESOLUTION: Motion was
made by Chairman Goehringer, seconded by Member Collins, and duly carried,to postpone the
hearing to the September 14. 2000 hearing calendar. Vote of the Board: Ayes: All (4-0).
8:28 p.m. Appl. No. 4846—W. and K. KNOERSCHILD. Request for a Variance under
Section 100-33, based on the Building Department's April 21, 2000 for a garage proposed in a
side yard location. 985 Case's Lane Extension, Cutchogue; 109-5-14.43. Mr. and Mrs.
Knoerschild were both present and submitted a letter from the immediate neighbors, K.and W.
Ketcham. No one spoke in opposition at the hearing. 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 (4-0). Also see the office file as well
as the'transcript of verbatim statements prepared under separate cover by Lucia Farrell, for
statements and other information of record.
8:38 p.m. Appl. No. 4826-WILLIAM PENNY. Thomas McCarthy spoke in behalf of the
applicant. Mr. McCarthy was asked to reduce his statements in writing to the Board as to why
he felt the variance was not necessary. No one spoke in opposition at the hearing. After
receiving testimony, motion was offered by Chairman Goehringer, seconded by Member
Horning, and duly carried, to RECESS the hearing to the SEPTEMBER 14, 2000 Hearing
Calendar. This Resolution was duly adopted (4-0). Also see the office file as well as the
transcript of verbatim statements prepared under separate cover by Lucia Farrell,forstatements
and other information of record.
Page 6= Minutes
Regular Meeting -August 1(�
Southold Town Board of Appeals
Public Hearings, continued
8:48 p.m. Appl. No. 4841 -EMILY and IRA SCHACHTER. Request for a Lot Waiver
under Section 100-26 to unmerge Lot 10000-76-2-37.2 from 1000-76-2-37.3, based on the
May 10, 2000 Notice of Disapproval issued by the Building Department. This lot waiver would
void the 1979 area variance under Appl. No. 2614, which contained a condition requiring
subdivision approval from the Planning Board. 1700 Smith Drive North, Southold; Goose
Neck Estates. Patricia Moore, Esq. spoke in behalf of the applicants. No one spoke in
opposition at the hearing. After receiving testimony, motion was offered by Chairman
Goehringer, seconded by Member Collins, and duly carried, to close(conclude)the hearing.
This Resolution was duly adopted (4-0). Also see the office file as well as the transcript of
verbatim statements prepared under separate cover by Lucia Farrell, for statements and
other information of record.
End of Public Hearings.
9:08 p.m. - Member Horning left to return via Ferry to Fishers Island.
INFORMAL DISCUSSION WITH CHAIRMAN: Mrs. Carmen Sweeney spoke brieflyto the
Chairman about an Accessory Apartment decision for Frank Raynor, while Board Members
prepared for the next agenda item (deliberations).
II. DELIBERATIONS/DECISIONS: The following actions were taken; attached are copies of
the original official Findings and Determination on file with the Town Clerk's Office:
Approvals with or without Conditions:
Appl. No. 4835-W. and G. Bertodatti
Appl. No. 4840- M. and E. Pisani. (with conditions)
Appl. No. 4843- M. Cogen and M. Howard.
Appl. No. 4846-W. and K. Knoerschild.
Appl. No. 4841 - E. and I. Schachter.
Appl. No. 4847- R. Young & others.
Appl. No. 4818-C. Meskouris. Alternate Relief/with conditions
Appl. No. 4848-S. Lomangino.
Interpretation Action:
Appl. No. 4836-V. Koch.
Page 7- Minutes
Regular Meeting -August 1C; -_,,'DO
Southold Town Board of Appeals
8:55 p.m. Member Horning left for the return Ferry back to Connecticut, as agreed.
IV. RESOLUTIONS/UPDATES/OTHER: Resolution: Motion was offered by Chairman
Goehringer, seconded by Member Collins, and duly carried,to authorize advertisement of the
following new applications for public hearings to be held September 14, 2000:
6:15 p.m. Appl. No. 4849—TANAS TSATSOS. This is a request for a Lot Waiver as provided under Article II,
Section 100-26 to unmerge County Tax Map Lot 1000-38-3-9.2(formerly CTM Lot 9)from 1000-38-3-9.3(formerly
CTM Lot 8). On July 12,2000 a Notice of Disapproval was issued stating that Lot 9.2 merged with adjacent lot 9.3
pursuant to Section 100-25A of the Zoning Code. Location of Property:850 East Gillette Drive,East Marion; Marion
Manor Filed Map No. 2038, Lots 49 and 50.
6:20 p.m. Appl. No. 4850—ALLAN AND HELEN TUTHILL. This is a request for a Variance under Article XXIV,
Section 100-244B, based on the Building Department's July 21, 2000 Notice of Disapproval to locate a proposed
addition with a reduced front yard setback, at 28+-feet. The existing front setback is shown at 31+-feet from the
cantilevered roof and 33+-feet from the dwelling. Location of Property: 295 Albo Drive, Laurel, NY; County Tax
Map No. 1000-126-2-9.
6:25 p.m. Appl. No. 4852—HELEN GARVEY. This is a request for a Lot Waiver as provided under Article II,
Section 100-26 to unmerge County Tax Map Lot 1000-115-12-7 from 1000-115-12-8. On May 30,2000 a Notice of
Disapproval was issued stating that CTM Lot 7 merged with adjacent lot 8 pursuant to Section 100-25A of the Zoning
Code for the reason that the lots were held in common ownership. Location of Property: 550 Deep Hole Drive,
Mattituck, NY.
6:30 p.m. Appl. No.4851 —WILLIAM S. RYALL,JR. This is a request for a Variance under Article XXIV, Section
100-244B, based on the Building Department's July 24,2000 Notice of Disapproval to locate a new dwelling with a
setback at 25 feet from the front property line. Location of Property: 915 Soundview Drive,Orient,NY; County Tax
Map No. 1000-13-3-5.2.
6:40 p.m. Appl. No.4856—JOHN WOLLEBEN. This is a request for a Variance underArticle III,Section 100-33C
based on the Building Department's July 14,2000 Notice of Disapproval to locate an accessory in-ground swimming
pool at less than fifty(50)feet from the front property line, required in the case of a waterfront parcel when it is
located in a front yard. Location of Property: 750 Bridge Lane, Cutchogue, NY; Parcel 1000-118-2-8.
6:50 p.m. Appl. No. 4858 —ARTHUR AND FRANCES LEUDESDORF/W. MANDEL. This is a request for a
Variance under Article XXI I I, Section 100-239.4A.1 based on the Building Department's August 18,2000 Notice of
Disapproval to locate anew dwelling at less than 100 feet from the bluff. Location of Property: 1700 Hyatt Road,
Southold, NY; County Tax Map Parcel 1000-50-01-005.
6:55 p.m. Appl. No. 4857—ROBERT GAZZOLA/JOHN ZOUMAS. This is a request for a Variance Article XXIII,
Section 100-239.4(1)based on the Building Department's August 16,2000 Notice of Disapproval to locate a dwelling
at less than forty(40)feet from the front property line and less than fifty(50)feet from the rear property line,at 750
Cedar Drive, Southold, NY; Parcel 1000-78-9-5.1.
7:05 p.m. Appl. No.4859—ROBERT INGRAM. This is a request for a Variance Article III,Section 100-33 based on
the Building Department's August 1,2000 Notice of Disapproval to locate a proposed accessory garage in the front
yard, at 600 Shipyard Lane, East Marion, NY; Parcel 1000-35-8-5.8.
Page 8— Minutes -
Regular Meeting —August 1C'.;._._'DO
Southold Town Board of Appeals
7:10 p.m. Appl. No.4826-WILLIAM PENNY III. (Continued hearing). Variance for proposed building width greater
than 60 ft.wide. This is a corner lot located at the south side of C.R.48 and west side of Youngs Avenue,Southold;
Parcel 1000-55-5-2.2.
7:15 p.m. Appl. No.4861 —LESLIE GAZZOLA. This is a request for a Variance under Article XXIV, Section 100-
239.413, based on the Building Department's August 29,2000 Notice of Disapproval for a proposed two-story deck
addition within 75 feet of the bulkhead. Location of Property: 495 Elizabeth Lane, Southold; County Parcel No.
1000-48-5-2.
7:20 p.m. REHEARING:Appl. No.4828—ROBERT D'URSO and R. OVERHULS/M. DELUCA, Contract Vendee.
This is a request for a Lot Waiver as provided under Article 11, 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&Ion
the Map of Shores Acres Mattituck, NY
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 yard setback and addition to building with insufficient rear yard
setback at 49610 Main Road (and Bayview Rd.), Southold; 1000-70-7-4.
7:45 p.m. Appl. No. 4839-HARRY CASITY and MARIA MISTHOS. This is a request for a Variance under
Article XXI II, 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.
8:00 p.m. E.L.I. CANCER RESOURCE CENTER (Landowners: Mr. and Mrs. Mark Levey) regarding
premises known as 895 Highland Road, Cutchogue, identified as CTM Parcel No. 1000-102-8-2,Highland Estates
Subdivision Lot No. 5, requesting:
Appl. No. 4855—Variances under Article III, Section 100-31 B-5a and 5e(4)for reduced:
(a) setbacks and/or parking or loading area at less than 100 feet of any street line and less than fifty(50)feet of any
lot line. Applicant is proposing to convert and use an existing principal building (dwelling)in its building present
location and proposed parking area to meet the site plan regulations; and (b) for a total land area of less than
56,000 sq.ft.,the size provided in the zoning code for use of seven(7)health care patient beds on this 40,011 Sf.
parcel; and
Appl. No.4854—Special Exception under Article III, Section 100-31 B-5 to convert and existing dwelling to a
Health Care Facility. The Zoning Code defines a Health Care Facility as:
"A structure and premises regulated by the State of New York and used to provide an integrated range of
medical and/or surgical services, primarily for in-patients, on a twenty-four hour basis. Health services may
require surgical facilities,therapeutic and diagnostic equipment rooms, counseling facilities,convalescent
care equipment, and trauma care services. Out-patient clinics and other forms of ambulatory health care
facilities may exist as accessory and integral services to the in-patient services. Supporting or accessory
uses may include a kitchen for preparation of patient meals, cafeteria or snack/coffee shop for employees
and visitors, gift shop, laundry, pharmacy and staff offices(for bookkeeping,administration,medical records,
etc.) Shall otherwise be known as a"general or specialized hospital",a"rehabilitation center,"rest home"or
"adult home."
+ Page 9— Minutes
' Regular Meeting —August IL, __00 -
Southold Town Board of Appeals
9:00 p.m. Appl. No.4860—OLD HARBOR ASSOCIATES. Request for a Variance under Article III,Section
100-33 based on the Building Department's July 28,2000 Notice of Disapproval. Proposed accessory three-car
garage will encroach partly in the side yard. 1195 Old Harbor Road, New Suffolk; 1000-117-3-8.6.
Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins.
(Member Horning was absent during this Resolution.) This Resolution was duly adopted (3-0).
V. EXECUTIVE SESSION - None held.
Brief reviews of pending files and general discussions by Board Members followed.
There being no other business properly coming before the Board at this time,the
Chairman declared the Meeting adjourned. The Meeting was adjourned at approximately
9:58 p.m.
Respectfully submitted,
Lida Kowalski
Cas!ecis'
r
Gdrard R Goehrin er, Ch6frman
RECEIVED AND FILED BY
TIFF SOUTI-IOLD TOV71.1 CLE K,
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