HomeMy WebLinkAboutZBA-11/14/1996 APPEALS BOARD MEMBERS �p�Qg3FF01/r Southold Town Hall
Gerard P. Goehringer,Chairman y� 53095 Main Road
Serge Doyen y 2 P.O. Box 1179
James Dinizio,Jr. p Southold, New York 11971
Robert A. Villa �j p� Fax(516) 765-1823
Lydia A.Tortora Ol �a Telephone(516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
R E_GULAR MEETING
THURSDAY, NOVEMBER 14, 1996
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, NOVEMBER 14, 1996:
Present were:
Gerard P. Goehringer, Chairman & Member
Serge J. Doyen, Jr. , Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Lydia A. Tortora, Member
Linda Kowalski, Secretary to Board
Also present were approximately 40 persons in the audience at the
start of the meeting.
I. 7:15 p.m. Work Session and Reviews (No Action taken until after
7:30 p.m.)
II. (Ref. Agenda Item III).
PUBLIC HEARINGS: The Chairman opted to jump to the public
hearings at this time, and returning to items II either at the end of
tonight's hearings, or at the next (Special) Meeting since the
meeting is expected to be very late. Public Hearings were held in
the following order - please see Transcript of Hearings prepared
under separate cover and filed with this set of Minutes, for
reference as may be needed:
7:30 - 7:34 p.m. Appl. No. 4425SE - GISELA MORCHEL, Owner.
(Carryover hearing for a proposed Accessory Bed and Breakfast Use
at Main Road and Crown Land Lane, Cutchogue.) At the end of
the hearing, the board took the following conditional action:
r
Page 2 - Minutes & Resolutions
Regular Meeting - November 14 , 1996
Southold Town Board of Appeals
File #4425 FINDINGS AND DETERMINATION November 14, 1996
APPLICANT: GISELA MORCHEL.
LOCATION OF PROPERTY: Single-family dwelling built in 1992
(ref: May 4, 1992 C.O.) situated on approximately one-half acre at
26405 Main Road, Cutchogue, NY; COUNTY TAX MAP DISTRICT
1000, SECTION 109, BLOCK 2, LOT 13.5. Minor Subdivision Lot #1
made for Ralph and Theresa Asselta. R-40 Residential Zone District.
BASIS AND DESCRIPTION OF REQUEST: Article III, Section
100-30A.2B and 100-31B(14a-d), Zoning Code as amended 2-7-95 by
Local Law #3-1995 which provides for an allowance of not more than
three bedrooms for rental as an Accessory Bed and Breakfast,
subordinate and incidental to the residence of the applicant in a
principal single-family dwelling, for lodging and serving of
breakfast to not more than six (6) casual, transient roomers in
accordance with conditions (a), (b), (c) and (d) as per Section
100-3111(1.4).
REASONS/FINDINGS: Conditions under Section 100-31B(14), and
standards under Sections 100-263 & 100-264 have been considered,
and met, in this proceeding; proof has been submitted for the record
to show intended compliance with zoning code (ref: file and hearing
record) .
MOTION MADE BY: James Dinizio Jr. , SECONDED BY: J. Goehringer
ACTION/RESOLUTION ADOPTED: Granted with the parking plan
submitted by applicant for parking and turning cars within the
driveway and without backing out into the street, and SUBJECT TO
THE following conditions: 1) parking spaces shall be perpendicular
to the Main Road, 2) no entrance or exit from Main Road as
proposed, 3) three outside parking spaces are required upon the
applicant's property (on-site), and 4) compliance at all times with
current Section 100-31B(14) subsections (a) through (d), and other
laws and regulations applicable to this accessory use.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Robert A. Villa,
James Dinizio, Jr. , Lydia A. Tortora, and Gerard P. Goehringer.
This resolution was unanimously adopted 5-0.
Page 3 - Minutes & Resolutions
Regular Meeting - November 14, 1996
Southold Town Board of Appeals
7:34 - 7:53 p.m. Appl. No. 4435 - RUTH W. B OEHLING and R.
WRIGHT. This is an Application for a Variance based upon the
October 16, 1996 Action of Disapproval by the Building Inspector
under Section 100-25A. Applicants are requesting a Waiver which has
been provided by Article II, Section 100-26 for undersized lots held
in common ownership. Location of Vacant Land: 180 Custer Avenue,
Southold, NY, 1000-70-8-30, which adjoins applicants' house at 290
Custer Avenue, 1000-70-8-31. Also shown on the Map of Fairview
Park, Section One situate on Pine Neck, approved by the Southold
Town Planning Board on 8/1/1961. At the end of discussions, the
hearing was closed, pending deliberations later tonight (action was
taken at the 11/19/96 Special Meeting).
7:53 - 7:58 p.m. Appl. No. 4315E - NORMAN WHITEHEAD, Owner.
This is an Application under Article III, Section 100-31B(15) for a
proposed Accessory Bed and Breakfast Use in conjunction with his
residence at 14909 Main Road, East Marion, NY. This Bed and
Breakfast Use must be accessory and incidental to the owner's
residence at this property, and is limited to the rental of three
bedrooms within the existing residence and serving of breakfast to
not more than six casual and transient B&B roomers. Property ID:
1000-23-1-2.3. Also referred to as Lot #1 on Minor Subdivision
approved by the Planning Board on or about 11/24/80. At the end
of discussions, the hearing was closed, pending deliberations.
7:58 - 8:05 p.m. Appl. No. 4421 - HENRY TRAENDLY. This is an
application based upon the July 12, 1996 Action of Disapproval by the
Building Inspector, in which applicant is requesting approval of berm
with fence "as built," at a total height above the four feet
limitation of Article XXIII, Section 100-231, for this front yard
area. Property known as 13220 Main Road, East Marion, NY; Parcel
ID #1000-31-14-12. At the end of discussions, the hearing was
officially declared closed (concluded).
8:05 - 8:20 p.m. Appl. No. 4434 - ROBERT TURNER. This is an
application based upon the October 10, 1996 Actions of Disapproval
by the Building Inspector under Article XXIII, Section 100-239.4B,
and under Article III, Section 100-33C, in which applicant is
requesting approval, either as a new permit or as an amendment to
Building Permit #15772 based on the sketch submitted for approval by
the Building Inspector in March 1987, concerning the deck addition
within 75 feet of an existing bulkhead adjacent to a tidal water
body, and the front yard accessory shed, as built. Location of
Property: 1200 West Lane, Southold, NY; Parcel ID #1000-31-14-12.
At the end of discussions, the hearing was officially declared closed
(concluded).
Page 4 - Minutes & Resolutions
Regular Meeting - November 14, 1996
Southold Town Board of Appeals
Note: Member Serge Doyen left the dais and did not participate with
the board at the hearing. Member Doyen is relative to Francis and
Christina Doyen (brother and sister-in-law) and abstained from
participations.
PUBLIC HEARINGS, continued:
8:20 - 9:00, and 11:12-11:40 p.m. Appl. No. 4433 - FRANCIS &
CHRISTINA DOYEN. This is an application based upon the Octo-
ber 9, 1996 Action of Disapproval by the Building Inspector under
Section 100-25A. Applicants are requesting a Waiver which has been
provided by Article II, Section 100-26 for undersized lots held in
common ownership. Location of Property: ROW off Hedge Street,
Fishers Island, NY; Parcels as combined now known as #1000-10-7-
26.1 (formerly 17 and State-owned land without a County #). At
the end of the first hearing ending at 9:00 p.m., motion was made to
recess for further discussions and dissemination of information.
(Later, at 11:40 p.m. at the end of all hearing discussions tonight,
motion was made by Member Tortora, seconded by Member Dinizio,
and duly carried, to close (conclude) the hearing, pending
deliberations and decision-making.
9:00 p.m. Member Doyen returned to the dais for the continuation of
the meeting.
PUBLIC HEARINGS, continued:
9:00-9:05 p.m. Appl. No. 4428 - VINCENT AND EDNA QUATROCHE.
This is an application based upon the September 23, 1996 Action of
Disapproval by the Building Inspector under Section 100-25A.
Applicants are requesting a Waiver which has been provided by
Article II, Section 100-26 for undersized lots held in common
ownership. Location of Property: Vacant land known as 130 Sunset
Lane, Greenport. County Parcel ID #1000-33-4-69 which adjoins
applicants' house referred to as #160 Sutton Place (1000-33-4-70).
9:05 - 9:08 p.m. Appl. No. ,4424 - EILEEN MORINI, Owner. This is
an application based upon the June 27, 1996 Action of Disapproval by
the Building Inspector under Article III, Section 100-30A.3, for a
deck addition, as built, due to an insufficient rear yard setback, at
2110 Cox Neck Road, shown on the Subdivision Map of Tollewood,
Mattituck, NY; County Parcel #1000-113-10-2. At the end of hearing
discussions, the following conditional action was taken:
Page 5 - Minutes & Resolutions
Regular Meeting - November 14 , 1996
Southold Town Board of Appeals
e
Appl. #4424 ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: 11/14/96 APPLICANT: EILEEN MORINI
LOCATION OF PROPERTY: 2100 Cox Neck Road, Mattituck
COUNTY TAX MAP DISTRICT 1000, SECTION 113, BLOCK 10, LOT 2
BASIS OF ACTION: Article III, Section 100-30A.3 of the Zoning Code;
ref. June 27, 1996 Action of Disapproval by the Building Inspector for
deck addition, as built, due to an insufficient setback at 816" ft. at
its closest point to the easterly rear property line, all as shown on
sketched survey map submitted by Mrs. Morin.
FINDINGS OF FACT: Property is 98.50 deep at southerly side property
line, by 138.50 ft. along Cox Neck Road, by 106.05 ft. deep at the
northerly side, and 115.18 ft. along the rear property line. Also shown
on the Map of Tollewood, p/o Lot 72 and p/o Lot 73, combined into one
substandard lot of approx. one-quarter acre in size.
REASONS FOR APPROVAL: Request is not unreasonable and there is no
other yard area available as an attached above ground pool with deck
enclosure/addition. The alternative would be to separate as an
accessory building, which would not gain any benefit to the property
owner or others.
MOTION MADE BY: J. Goehringer, SECONDED BY: J. Dinizio
ACTION/RESOLUTION ADOPTED: Approved ,as applied, remaining at
the setbacks as built and with no further nonconforming intrusion
toward the rear property line.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr. ,
Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This
resolution was unanimously adopted.
ZBA:lk
(Note: Applicant must return to obtain approvals from the Building
Department within a reasonable time.)
cc: Gary Fish, Reviewing Inspector, Building Department
Thomas Fisher, Department Head, Building Department
Page 6 - Minutes & Resolutions
Regular Meeting - November 14, 1996
Southold Town Board of Appeals
PUBLIC HEARINGS, continued:
9:08 - 9:12 p.m. Appl. No. 4443 - MARIE TOBER, Owner. This is
an application based upon the October 9, 1996 Action of Disapproval
by the Building Inspector under Article II, Section 100-25A.
Applicant is requesting a Waiver which has been provided by Article
II, Section 100-26 for undersized lots held in common ownership.
Location of Property: Vacant land known as 100 Wood Lane,
Greenport. County Parcel ID #1000-4-4-33 which adjoins applicants'
House at #55 Inlet Lane, Greenport, NY (1000-43-4-38). At the end
of discussions, the hearing was closed (concluded), pending
deliberations at a later time due to the lateness of the meeting.
9:12 - 9:35, and 9:45 - 9:55 p.m. LONG ISLAND LIGHTING CO. ,
concerning premises presently owned by STYPE BROS. REAL
ESTATE, INC. referred to as 8550 (vacant land) Main Road,
Mattituck (near Laurel), identified as 1000-122-7-6.6, further
identified as Lot #2 consisting of 35,798 sf.. as shown on the
Subdivision of Map of "Frank Murphy Garden Center" approved by
the Southold Town Planning Board 4/12/1982. Applicant, as contract
vendee, is requesting:
(a) Appl. No. 44295E - Special Exception for Use of Vacant
Land as shown on plot plan for a compressor station building with
fence enclosure in this "B" General Business District.
(b) Appl. No. 4430 - Variance under Article XXIII, Section
100-231-A for permission to construct fence enclosure, which exceeds
maximum fence height restriction of 6 feet when located in the front
yard, and which exceeds 6-1/2 feet in or along side and rear yards.
At the end of discussions regarding the LILCO. application, motion
was made by Chairman Goehringer, seconded by Member Tortora, and
duly carried, to continue and recess the hearing until December 12,
1996. (Pending a visit by the Zoning Board Chairman, and
interested Members (if any) at the Hicksville site of LILCO.)
9:55-10:12 p.m. Appl. #4436 - JOSEPH and MAUREEN FRAZZITTA.
This is an application based upon the March 29, 1996 Action of
Disapproval by the Building Inspector under Article XXIII, Section
100-239.4(B), in which applicant is proposing to construct
shower/storage room addition, at less than 75 feet from the bulkhead
and which does not meet the minimum required total side yard
setbacks (35 feet), per Article XXIV, Section 100-244. Location of
Property: 1420 Inlet Way, Southold, Cedar Beach Park Lot #97, filed
in 1927; County Parcel #1000-92-1-6, containing 21,772 sf. At the
end of hearing discussions, the board took the following action:
Page j - Minutes & Resolutions
Regular Meeting - November 14, 1996
Southold Town Board of Appeals
(Hearings continued after next resolution).
RESOLUTION . (From Agenda, Items at page 3, two last applications
identified for COMO and KID N' ROUND. After a brief discussion
and clarification by the Board Secretary:
(1) Motion was made by Chairman Goehringer, seconded by Member
Dinizio, to advertise Appl. #4438 of GIUSEPPE and LAURIE COMO for
public hearing to be held December 12, 1996. (The hearing was to
be published for tonight's hearing, but was inadvertently not
published by the newspaper in time.)
(2) Motion was also made by Member Tortora, seconded by Chairman
Goehringer, and duly carried, to advertise Appl. #4439 of KID N'
ROUND for public hearing to be held December 12, 1996. (The
bearing was to be published by the newspaper for tonight's hearing,
but inadvertently missed the time requirement.)
PUBLIC HEARINGS, continued:
10:12-11:00 p.m. Appl. #4401 - DAVID DEFRIEST, Tenant, and
Mr. and Mrs. Joseph Gnozzo, as Owners.) The Board, on its own
motion, re-opened the subject hearing which was formerly closed July
24, 1996 for further factual information from applicant, et cetera.
The applicant is requesting a Variance based upon the June 3, 1996
Building Inspector's Notice of Disapproval under Article VIII,
Section 100-81A, for a Use Variance based upon tenant's application
to the Building Inspector for a car rental business. The Variance
shall also address the proposed outdoor yard area for showing of
vehicles for rent in an area to be designated under this use
variance, if allowed. The grounds for which the June 3, 1996
Building Inspector's action was issued are: Automobile rental use is
not a permitted use in this Limited Business (LB) Zone District.
Location of Property: 73625 Main Road, Greenport, NY; County
Parcel No. 1000-45-3-2. Size: 5+ acres. At the end of testimony,
motion was made by Chairman Goehringer, seconded by Member
Dinizio, and duly carried, to continue and recess the hearing until
December 12, 1996 in order that the members have have additional
time to disseminate the information and testimony. It was 11:00
p.m.
11:00-11:12 - Short break (recess), and meeting reconvened at 11:12
p.m.
Page g - Minutes & Resolutions
Regular Meeting - November 14, 1996
- Southold Town Board of Appeals
i
PUBLIC HEARING, continued from earlier tonight.
11:12-11:40 p.m. Appl. No. 4433 - FRANCIS & CHRISTINA DOYEN.
At the end of hearing discussions, motion was made by Member
Tortora, seconded by Member Dinizio, and duly carried, to officially
close (conclude) the hearing, pending deliberations and
decision-making. The Board Secretary confirmed that a letter would
be sent tomorrow to Patricia Moore, attorney for the Doyens,
confirming the information requested by the Board during the lengthy
discussions held.
IV. DELIBERATIONS/DECISIONS - None, due to the lateness of the
meeting. The Chairman determined Tuesday, NOVEMBER 19, 1996 at
a date of the next Special Meeting of the Board to continue the
agenda items from tonight, commencing at either 6:45 or 7:00 p.m.
No further action was taken due to the lateness of the meeting.
V. BOARD REMINDERS were listed on the Agenda for this evening,
as follows:
1. CROSS SOUND FERRY - Scoping session for Board Members
set for 12/4/96 by Planning Board, as Lead Agency. Written
comments by 11/15.
2. ASSOCIATION OF TOWNS. Chairman to designate Board
Member for full trip. (1997 Funds are limited to approx. $300 total
for day and night attendance for all ZBA members).
3. REMINDER: 1997 Schedule of Hearings to be second
Thursday of each month commencing January 9, 1997 at 7:15 p.m. ,
and work sessions commencing by or before 7:00 p.m. (This was
discussed at the 11/19/96 special meeting, and modified.)
Due to the lateness, the meeting was adjourned at 11:45 p.m.
Respectfully submitted.
RECEIVED AND FILED BY
da Kowalski
E SOUTHOLD TOWN CLERK
DATE 0111199 HOURZ
Approved fo f' g
Town. Clerk, Town,of So�.thold