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HomeMy WebLinkAboutZBA-05/05/1999 SPEC APPEALS BOARD MEMBERS _ SIFFO(/r Southold Town Hall Gerard P. Goehringer, Chairman G'y� 53095 Main Road James Dinizio,Jr. ti P.O. Box 1179 Lydia A.Tortora %)-- Southold, New York 11971 Lora S. Collins y O�� ZBA Fax (516)765-9064 George Horning �Ol �►a Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES WEDNESDAY, MAY 51 1999 SPECIAL MEETING A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 5, 1999 commencing at 6:55 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora S. Collins, Member Linda Kowalski, Board Secretary Absent was: George Horning of F.I. (as agreed). 6:55 p.m. Chairman Goehringer called the meeting to order and then proceeded to Agenda Item I - SEQRA Determinations. RESOLUTION. Motion was made by Member Tortora, seconded by Chairman Goehringer, and duly carried, to DECLARE the following Declarations under SEQRA: Unlisted Action and Negative Declaration (No Adverse Effect) as prepared for: Appl. No. 4686.It - Andrea and Stacey Paliouras. Gift shop in existing dwelling. 1000-74-4-9. B Business Zone, 32570 CR 48, Peconic. Appl. No. 4685.jd - Vincent Torre. Retail sales in accessory building at 100 Sound Avenue, Mattituck. 120-3-1. A-C Zone. 100 Sound Avenue, Mattituck. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent.) OTHER RESOLUTIONS: A. Appl. No. 4680.It - RAYMOND AND BARBARA TERRY. Resolution. Motion was Page 2— Minutes Special Meeting of May 5, Southold Town Board of Appeals made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to authorize advertisement, as published on April 29t", of notice that a public hearing will be held May 5, 1999 to reopen the hearing and request Ch. 58 notices to landowners, to be furnished by the applicant. This Resolution was duly adopted (4-0). PUBLIC HEARING: The Chairman opened the public hearing at 6:57 p.m. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to enter.into the record all testimony and documentation submitted at the April 22, 1999 meeting regarding this application. This Resolution was duly adopted (4-0). The Chairman also asked if there was anyone who wished to be heard on this application, and no one was present. At the end of the hearing, the Board re- deliberated and a re-vote was taken. Motion was made by Member Tortora, seconded by Chairman Goehringer, to approve Appl. No. 4680 as applied for and with conditions. (A copy of the original filed with the Town Clerk's Office is attached.) VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA. NAY: COLLINS. This Resolution was duly adopted (3-1). (Member Horning of Fishers Island was absent.) RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to authorize filing of Minutes for the Board's Meeting held April 8, 1999. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. This Resolution was duly adopted (4-0). OTHER DELIBERATIONS and DECISIONS: Appl. No. 4677.gh — STEPHEN AND JENNIFER SCACE. It was agreed to hold the determination on this application until the May 20, 1999 meeting for input by Fishers Island Member Horning. Appl. No. 4678.Ic — VINCENT AND LINDA BASILICE. Variances are requested under the Southold Town Zoning Code, Article XXIII, Section 100-239.4B and Article IIIA, Section 100-30A.3, based upon two February 23, 1999 Notices of Disapproval which state that the proposed raised brick patio is less than 75 feet from bulkhead and will exceed 20% lot coverage. Location of Property: 3255 Bay Shore Road, Greenport; 1000-53-6-8. The Board deliberated and a determination was adopted for Alternative Relief, with conditions. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4676.It- ALBERT PALUMBO. It was agreed to hold the determination on this application until the May 20, 1999 meeting (pending recommendations from the Soil and Water Conservation District.) Page 3—Minutes Special Meeting of May 5, Southold Town Board of Appeals Appl. No. 4679.jd - JACKIE AND JON ROGERS. A Variance is requested under the Southold Town Zoning Code, Article XXIV, Section 100-244 based upon the March 2, 1999 Notice of Disapproval which states that the proposed addition is located at less than 35 feet from the rear property line. 9220 Main Road, East Marion, NY; Parcel 1000-31-8-4. The Board deliberated and a favorable determination was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4684.Ic — SHAWN TULLY. A Variance under Article XXIII, Section 100-239.4A(1) based upon the March 12, 1999 Notice of Disapproval which states that an addition is proposed at less than 100 feet from the top of the bluff of bank of the Long Island Sound. 2840 Stars Road, East Marion; 1000-22-3-1. The Board deliberated and a favorable determination was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4682.jd — PETER AND MARILYN WINTERS. A Variance is requested under the Southold Town Zoning Code, Article III-A, Section 100-30A.4 (ref. 100-33) based upon the December 29, 1998 Notice of Disapproval for the reason that (a portion of) the accessory inground swimming pool is in the side yard area. 505 Custer Avenue, Southold; 1000-70-8-24. The Board deliberated and a favorable determination was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4681.Ic - MICHAEL K. HUGHES and NORTH SHORE YACHT SALES. A Special Exception is requested under the Southold Town Zoning Code, Article XX, Section 100-101B(12) for permission for retail sales, display and service of boats and marine items, an authorized use in this "B" General Business Zone District. 9605 Main Road (formerly Bergen Oil), Mattituck; 1000-122-6-12. The Board deliberated and a favorable determination, with conditions, was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4683.It — VIRGINIA CAMPBELL A Variance is requested under the Southold Town Zoning Code, Article III-A, Section 100-30A.3 and Article XXIII, Section 100-239.4 based upon two February 26, 1999 Notices of Disapproval which state that the addition is proposed to be located at less than (within) 75 feet from bulkhead and in excess of 20% lot coverage limitation at 215 Harbor Lights Dr., Southold. Confirmed the total lot coverage at 24.06% or 1064 sq. ft. (reduced original request by 5.03% of total lot area because brick patio is at grade). The Board deliberated and a favorable determination was adopted. (See attached copy of determination, the original of which was filed with the Town. Clerk's Office for permanent recordkeeping.) Appl. No. 4668.jd - SOUTHAMPTON LUMBER CORP. A Variance is requested under Article XXIV, Section 100-241-G, for permission to reinstate (re-establish) use as a lumberyard and related activities, which use is nonconforming in this Hamlet-Business Zone District, at 13650 Main Road, Mattituck, NY; County Parcel No. 1000-114-11-24.3. (Hearing ended 4/22/99). The Board deliberated and a denial was adopted. (See attached copy of Page 4- Minutes Special Meeting of May 5, '—,—) Southold Town Board of Appeals determination, the original of which was filed with the Town Clerk's Office for. permanent recordkeeping.) Appl. No. 4675.jd — ANTHONY HUGHES and SUSAN HULME. A Variance is requested based upon the January 21, 1999 Notice of Disapproval which states that under Article XXIV, Section 100-244B, the required side yard for lots with .58 acre is to be 15 ft. minimum and a total combined side yards of 35 feet. Applicant is proposing to a relocate existing dwelling at 1330 Salt Marsh Lane, Peconic, NY; County Parcel 1000-68-03-03. The Board deliberated and a favorable determination was made. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4636.jd - PATRICK MORTIMER. A Variance under Article XXIII, Section 100-239.4B is requested for a deck addition, as shown on survey amended by March 2, 1999 and March 18, 1999, to be located at less than 75 feet from the existing bulkhead at 3895 Paradise Point Road, Southold; 1000-81-1-8. The Board deliberated and a favorable. determination, with conditions, was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) End of deliberations. CODE COMMITTEE MEETINGS (none calendared as of todax.) RESOLUTION/NEW APPLICATION REVIEWS FOR CALENDARING: RESOLUTION. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried,to accept advertisement of the following new applications, as published, for public hearings to be held on May 20, 1999: W. PRICE, JR. Variance request to locate dwelling with partial reduction in front setback at 100 Bay Avenue, Greenport. 43-5-10. MICHAEL ZUHOSKI & ano. Variance request to locate dwelling which will place existing barn in a side yard location. ROW off N/S Main Road, Cutchogue. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO,TORTORA, COLLINS. This Resolution was duly adopted (4-0). CORRESPONDENCE: Board Members discussed an inquiry by Thomas Miller of Liberty Storage, who is asking whether or not additional review under a 1987 Special Exception use for Self-Storage Buildings in LI Zone is required by application, former ZBA file #3660, and §100-262-(C2) and (0). It was noted that the applicant should file an application for a Building Permit with the Building Department and may withdraw his application if the Page 5— Minutes Special Meeting of May 5, ijY9 Southold Town Board of Appeals for Self-Storage Buildings in LI Zone is required by application, former ZBA file #3660, and §100-262-(C2) and (0). It was noted that the applicant should file an application for a Building Permit with the Building Department and may withdraw his application if the Building Department finds a Special Exception is not necessary. However, if it is determined by the Building Department that ZBA action is necessary, the applicant should submit the application as soon as possible for the June 24, 1999 hearing calendar.) SPECIAL MEETING CALENDARED: The Chairman scheduled June 2, 1999 at 6:45 p.m. at the date of a Special Meeting of the Board. EXECUTIVE SESSION. Members inquired as to the status of the only two litigated matters which are pending: Goodale v. ZBA matter and DeFriest v. ZBA matter. The Chairman declared the meeting adjourned at 8:52 p.m. Respectfully submitted, Linda Kowalski 5/12/99 Cases Attached:-(10) Board Secretary Resolution:'�5/201 9 / Approve for H&g RA GOE N R, C RMAN RECEIVED AND FILED BY TIDE SOUTI C:'D TOVi14 CLE I-,r DATE-/a, �99 HOM, 0-4#4 o = 3s Aft e 40 61erlt, Town of Southold Jr.!- APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES WEDNESDAY, MAY 5, 1999 SPECIAL MEETING A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 5. 1999 commencing at 6:55 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora S. Collins, Member Linda Kowalski, Board Secretary Absent was: George Horning of F.I. (as agreed). 6:55 p.m. Chairman Goehringer called the meeting to order and then proceeded to Agenda Item I - SEQRA Determinations. RESOLUTION. Motion was made by Member Tortora, seconded by Chairman Goehringer, and duly carried, to DECLARE the following Declarations under SEQRA: Unlisted Action and Negative Declaration (No Adverse Effect) as prepared for: Appl. No. 4686.lt - Andrea and Stacey Paliouras. Gift shop in existing dwelling. 1000-74-4-9. B Business Zone, 32570 CR 48, Peconic. Appl. No. 4685.jd - Vincent Torre. Retail sales in accessory building at 100 Sound Avenue, Mattituck. 120-3-1. A-C Zone. 100 Sound Avenue, Mattituck. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent.) OTHER RESOLUTIONS: . Page 2 - Minutes Special Meeting of May 5, 1999 Southold Town Board of Appeals A. Appl. No. 4680.lt - RAYMOND AND BARBARA TERRY. Resolution. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to authorize advertisement, as published on April 29th, of notice that a public hearing will be held May 5, 1999 to reopen the hearing and request Ch. 58 notices to landowners, to be furnished by the applicant. This Resolution was duly adopted (4-0). PUBLIC HEARING: The Chairman opened the public hearing at 6:57 p.m. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to enter into the record all testimony and documentation submitted at the April 22, 1999 meeting regarding this application. This Resolution was duly adopted (4-0). The Chairman also asked if there was anyone who wished to be heard on this application, and no one was present. At the end of the hearing, the Board re- deliberated and a re-vote was taken. Motion was made by Member Tortora, seconded by Chairman Goehringer, to approve Appl. No. 4680 as applied for and with conditions. (A copy of the original filed with the Town Clerk's Office is attached.) VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA. NAY: COLLINS. This Resolution was duly adopted (3-1). (Mem ber Horni ng of Fishers Island was absent.) * * * RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to authorize filing of Minutes for the Board's Meeting held April 8, 1999. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. This Resolution was duly adopted (4-0). * * * OTHER DELIBERATIONS and DECISIONS: Appl. No. 4677.gh - STEPHEN AND JENNIFER SCACE. It was agreed to hold the determination on this application until the May 20, 1999 meeting for input by Fishers Island Member Horning. Appl. No. 4678.lc - VINCENT AND LINDA BASILICE. Variances are requested under the Southold Town Zoning Code, Article XXIII, Section 100-239.4B and Article IlIA, Section 100-30A.3, based upon two February 23, 1999 Notices of Disapproval which state that the proposed raised brick patio is less than 75 feet from bulkhead and will exceed 20% lot coverage. Location of Property: 3255 Bay Shore Road, Greenport; 1000-53-6-8. The Board deliberated and a determination was adopted for Alternative Relief, with conditions. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Page 3 - Minutes Special Meeting of May 5, 1999 South old Town Board of Appeals Appl. No. 4676.lt - ALBERT PALUMBO. It was agreed to hold the determination on this application until the May 20, 1999 meeting (pending recommendations from the Soil and Water Conservation District.) Appl. No. 4679.jd - JACKIE AND JON ROGERS. A Variance is requested under the Southold Town Zoning Code, Article XXIV, Section 100-244 based upon the March 2, 1999 Notice of Disapproval which states that the proposed addition is located at less than 35 feet from the rear property line. 9220 Main Road, East Marion, NY; Parcel 1000-31-8-4. The Board deliberated and a favorable determination was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4684.lc - SHAWN TULLY. A Variance under Article XXIII, Section 100-239.4A(1) based upon the March 12r 1999 Notice of Disapproval which states that an addition is proposed at less than 100 feet from the top of the bluff of bank of the Long Island Sound. 2840 Stars Roadr East Marion; 1000-22-3-1. The Board deliberated and a favorable determination was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4682.jd - PETER AND MARILYN WINTERS. A Variance is requested under the Southold Town Zoning Code, Article III-A, Section 100-30A.4 (ref. 100-33) based upon the December 29, 1998 Notice of Disapproval for the reason that (a portion of) the accessory inground swimming pool is in the side yard area. 505 Custer Avenue, Southold; 1000-70-8-24. The Board deliberated and a favorable determination was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4681.1c - MICHAEL K. HUGHES and NORTH SHORE YACHT SALES. A Special Exception is requested under the Southold Town Zoning Code, Article XX, Section 100-101B(12) for permission for retail sales, display and service of boats and marine items, an authorized use in this "B" General Business Zone District. 9605 Main Road (formerly Bergen Oil), Mattituck; 1000-122-6-12. The Board deliberated and a favorable determinationr with conditions, was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4683.lt - VIRGINIA CAMPBELL A Variance is requested under the Southold Town Zoning Coder Article III-A, Section 100-30A.3 and Article XXIII, Section 100-239.4 based upon two February 26, 1999 Notices of Disapproval which state that the addition is proposed to be located at less than (within) 75 feet from bulkhead and in excess of 20% lot coverage limitation at 215 Harbor Lights Dr., Southold. Confirmed the total lot coverage at 24.06% or 1064 sq. ft. (reduced original request by 5.03% of total lot area because brick patio is at grade). The Board deliberated and a favorable determination was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4668.jd - SOUTHAMPTON LUMBER CORP. A Variance is requested under Article XXIV, Section 100-241-G, for permission to reinstate (re-establish) use as a " Page 4 - Minutes Special Meeting of May 5, 1999 Southold Town Board of Appeals lumberyard and related activities, which use is nonconforming in this Hamlet-Business Zone District, at 13650 Main Road, Mattituck, NY; County Parcel No. 1000-114-11-24.3. (Hearing ended 4/22/99). The Board deliberated and a denial was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) Appl. No. 4675.jd - ANTHONY HUGHES and SUSAN HULME. A Variance is requested based upon the January 21, 1999 Notice of Disapproval which states that under Article XXIV, Section 100-244B, the required side yard for lots with .58 acre is to be 15 'ft. minimum and a total combined side yards of 35 feet. Applicant is proposing to a relocate existing dwelling at 1330 Salt Marsh Lane, Peconic, NY; County Parcel 1000-68-03-03. The Board deliberated and a favorable determination was made. (See attached copy of determination, the original of which was filed with the Town .Clerk's Office for permanent record keepi ng .) Appl. No. 4636.jd - PATRICK MORTIMER. A Variance under Article XXIII, Section 100-239.4B is requested for a deck addition, as shown on survey amended by March 2, 1999 and March 18, 1999, to be located at less than 75 feet from the existing bulkhead at 3895 Paradise Point Road, Southold; 1000-81-1-8. The Board deliberated and a favorable determination, with conditions, was adopted. (See attached copy of determination, the original of which was filed with the Town Clerk's Office for permanent recordkeeping.) End of deliberations. * * * CODE COMMITTEE MEETINGS (none calendared as of today.) RESOLUTION/NEW APPLICATION REVIEWS FOR CALENDARING: RESOLUTION. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to accept advertisement of the following new applications, as published, for public hearings to be held on May 20, 1999: W. PRICE, JR. Variance request to locate dwelling with partial reduction in front setback at 100 Bay Avenue, Greenport. 43-5-10. MICHAEL ZUHOSKI & ano. Variance request to locate dwelling which will place existing barn in a side yard location. ROW off N/S Main Road, Cutchogue. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. This Resolution was duly adopted (4-0). * * * CORRESPONDENCE: Board Members discussed an inquiry by Thomas Miller of Liberty Storage, who is asking whether or not additional review under a 1987 Special Exception use Page 5 - Minutes Special Meeting of May 5, 1999 Southold Town Board of Appeals for Self-Storage Buildings in LI Zone is required by application, former ZBA file #3660, and g100-262-(C2) and (C3). It was noted that the applicant should file an application for a Building Permit with the Building Department and may withdraw his application if the Building Department finds a Special Exception is not necessary. However, if it is determined by the Building Department that ZBA action is necessary, the applicant should submit the application as soon as possible for the June 24, 1999 hearing calendar.) * * * SPECIAL MEETING CALENDARED: The Chairman scheduled June 2, 1999 at 6:45 p.m. at the date of a Special Meeting of the Board. * * * EXECUTIVE SESSION. Members inquired as to the status of the only two litigated matters which are pending: Goodale v. ZBA matter and DeFriest v. ZBA matter. The Chairman declared the meeting adjourned at 8:52 p.m. Respectfully submitted, ~a ~JaLakc. Linda Kowalski 5/12/99 Cases Attached: (~ Boa rd Secreta ry Resolution: 5/20/ ~ Approved f9J~.rr~~g /~ Z Z---7 /RARB1" GOE. N RMAN RECEIVED AND FILED BY-' I THE SOli'THOLD I I DATE S /9,1 <:Ji HOUR d ~ 3s . I- ~t2 7.J-iM I I: Town Clerk, Town of S'Outhold f ~. i _.~'~'_~n