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Home My WebLink AboutZBA-05/10/2000 SPECAPPEALS BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall - 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 MINUTES SPECIAL MEETING WEDNESDAY, MAY 10, 2000 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 10, 2000 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora S. Collins, Member Linda Kowalski, Board Clerk Absent was: George Homing, Member. 6:30 p.m. Chairman Gerard P. Goehringer called the meeting to order and proceeded as follows. I. DELIBERATIONS/DECISIONS (carryovers from previous meeting): Approvals with Conditions: Appl. No. 4796 - PON and SUSAN MELAMUD. Pool location in a yard other than rear yard. Location of Property: ROW extending off the North side of Main Road, East Marion. Appl. No. 4801 - NANCY WEBER. Proposed pool at less than 100 feet from the average top of the bluff at 160 The Strand, East Marion; 1000-21-5-7. Approvals: Appl. No. 4814 - RONALD, AND ANNE WILSON. Applicants are requesting a Variance under Article XXIV, Section 100-244, based upon an application for a building permit to construct additions which will exceed the :~20% lot coverage limitation. A January 20, 2000 Notice of Disapproval was issued by the Building Department which indicates that the combined lot coverage is 23.80+- percent. 'Location: 1330 Gillette Drive, East Marion; 1000-48-2-14. Page 2 - Minutes May 10, 2000 Special Meeting Southold Town Board of Appeals Appl. No. 4815- GEORGE GARBE. This is a request fora Variance based upon the Building Inspector's March 12, 2000 Notice of Disapproval in applicant's request for a building permit for an "as built" accessory shed. The reasons noted are that the shed is located in a side yard with a setback at less than three feet on this 15,240+- sq. ft. lot. Location: 685 Osprey Nest Road, East Marion; 1000-35-6-27. Approvals, continued: Appl. No. 4810 - JOEL BRAVERMAN. Applicant is requesting a Special Exception to establish an Accessory Apartment use in conjunction with owner's residence as provided by Article III, Section 100-31B(13). Location of Property: 5700 Alvah's Lane, Cutchogue; Parcel No. 1000-101-2-18.4. Appl. No. 4817 - JESSICA BOGER, requesting an Accessory Apartment in owner's existing single-family residence as provided under Article Ill-A, Sections 100-30A.2 (B-l) and 100-31B-13. 270 Gagen's Landing Road, Southold; 1000-70-10-18. Appl. No. 4811 - CLIFFORD CORNELL. A Variance is requested under Article IliA, Section 100-30A.4, and Article XXIII, Section 100-230F, based upon the February 3, 2000 Notice of Disapproval regarding a building permit application to locate a proposed garage as an accessory in the side yard. Location: Right-of-way north of North Bayview Road (to the east of Reydon Drive), Southold, NY; Parcel 1000-79-5- 20.8. Appl. No. 4812 - DIANE SMITH and GEORGE ALEC requesting a Variance under Article XXIII, Section 100-239 based upon the Building Inspector's March 22, 2000 Notice of Disapproval which states that the lots proposed in this two-lot subdivision are less than 80,000 sq. ft. when the land under water is subtracted. The lots proposed are 73,677 sq. ft. and 79,302+- sq. ft. each when the land underwater is subtracted. Location: 22445 Main Road, Cutchogue; Parcel 1000-109-1-7. Denials with Grant of Alternate Relief: Appl. No. 4806 - THOMAS GURNEY. Applicant is requesting a Variance under Article XXIII, Section 100-239.4A.1 based upon an application for a building permit to construct a swimming pool and as-built hot tub/spa, as stated in the Building Department's March 9, 2000 Notice of Disapproval. Both structures are proposed at Page 3 - Minutes May 10, 2000 Special Meeting Southold Town Board of Appeals less than 100 feet from the bluff or bank of the L.I. Sound, and the spa structure is in a side yard location with less than 20 feet from the property line. Location: 4055 Aldrich Lane Extension, Mattituck; Parcel No. 1000-112-1-10. II. PUBLIC HEARINGS continued from May 4, 2000 hearings: 7:03 - 7:24 p.m. BELVEDERE PROPERTY MANAGEMENT LLC (Owner: Robins Island Holdings, LLC.), located at 380 First Street, New Suffolk, NY; Parcel 1000-117-8-19. Zone District: Marine-II. Applicant is requesting: (1) Appl. No. 4809 - a Special Exception under Article XII, Section 100- 121B(2) to construct new building and establish uses incidental to a private ferry terminal use (existing) for transportation to and from Robins Island from this 21,407 sq. ft. parcel; and/or an Interpretation that a Special Exception is not necessary; and (2) Appl. No. 4822 - Variance based upon the Building Inspector's March 28, 2000 Notice of Disapproval, for the reason that the new building, to be used for offices incidental to a private ferry terminal, is shown at less than 15 feet from the side property line, which is not permitted under Article XXIV, Section 100-244B. Kevin Law, Esq. and Daryl Volinski both spoke in behalf of the application. During this hearing, a new construction diagram was submitted for a building smaller in size and height than the original building design. After receiving testimony, the chairman offered a motion to close the hearing, seconded by Member Dinizio, and duly carried (4-0). (Please see written transcript of verbatim testimony prepared under separate cover and written information submitted into the record for updates since the filing of the application.) 7:24 - 8:18 p.m. Appl. No. 4818 - CHRIS AND JAMES MESKOURIS by Christina Rivera, as agent. Applicants request a Variance as stated in the Building Inspector's Notice of Disapproval (as Amended) which states that proposed construction on non-conforming lot is not permitted under Article XXIV, Section 100-244B due to the 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 20 feet." 675 Summit Drive, Mattituck; 1000-106-1-47. Christine Rivera spoke in behalf of the applicants. Opposing the application was Mr. and Mrs. Koch, abutting property owners, with their attorney, Patricia Moore. Speaking in behalf of the abutting property owners (Koch) was Joseph Fischetti, P.E. (Please see written transcript of verbatim testimony prepared under separate cover and written information submitted into the record since the filing of the application for updates.) After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Page 4 - Minutes May 10, 2000 Special Meeting Southold Town Board of Appeals Member Tortora, and duly carried, to RECESS the hearing for a continuation on June 8, 2000. This Resolution was duly adopted (4-0). SHORT BREAK. A breakwas taken from 8:18- 8:28 p.m. 8:28 p.m. MEETING RECONVENED. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to reconvene the meeting. 8:29 p.m. Appl. No. 4816 - VEDA DALEY. This is a request for a Special Exception to establish Accessory Bed and Breakfast use in conjunction with owner's residence, as provided under Article III, Section 100-30B(14) of the Zoning Code. Location: 8900 Main Road, East Marion; 1000-31-8-1.1. Mrs. Veda Daley appeared with her husband, William Joseph and testified in behalf of their application. Opposing the application were an abutting neighbor, Michael Catrone, and neighbors Louise Krendell and Barbara Marie Smith. After receiving testimony, the Chairman offered a motion to close the hearing, seconded by Member Collins, and duly carried (4-0). (Please see written transcript of verbatim testimony prepared separately and written information submitted into the record for updates since the filing of the application.) This Resolution was duly adopted. III. OTHER DELIBERATIONS/DECISIONS: Approvals: Appl. No. 4819 - J. WOLF. This is a request for a Variance under Article III, Section 100-32 (100-30A.3) for the rear yard setback of an "as built" foundation on Lot 11 at Sunny Shores, East Cutchogue at less than 50 ft. on this 20,100 sq. ft. parcel. Corner of Wilson Road and Beebe Drive, Cutchogue; 1000-103-4-46. Appl. No. 4805 - WILLIAM MOLLER. Applicant is requesting a Variance under Article Ill-A, Section 100-30A.3 based upon an application for a building permit to construct an addition as stated in the Building Department's February 11, 2000 Notice of Disapproval. The proposed addition is less than 50 feet from a front property line near Old Cove Road. 2530 Vanston Road, Cutchogue; 1000-111-5-3. Approvals with Conditions: BELVEDERE PROPERTY MANAGEMENT LLC (Owner: Robins Island Holdings, LLC.), located at 380 First Street, New Suffolk, NY; Parcel 1000-117-8-19. Zone District: Marine-II. Applicant is requesting: (a) Appl. No. 4809 - a Special Exception under Article XII, Section 100-121B(2) to construct new building and establish uses incidental to a private ferry terminal use (existing) for transportation to and from Page 5 - Minutes Hay 10, 2000 Special Meeting Southold Town Board of Appeals I~ECE!VED ~ ~ ?~ ED BY THE SOb'i ~.. Town Clerk. Robins Island from this 21,407 sq. ft. parcel; and/or an Interpretation that a Special Exception is not necessary; and (b) Appl. No. 4822 - Vadance based upon the Building InspectoCs March 28, 2000 Notice of Disapproval, for the reason that the new building, to be used for offices incidental to a private ferry terminal, is shown at less than 15 feet from the side property line, which is not permitted under Article XXIV, Section 100-244B. Denial with Grant of Alternative Location: Appl. No. 4780 - LAWRENCE and JOSEPHINE PEARLSTEIN. This is a request for a Vadance u~nder Article III, Section 100-33 based upon the Building Inspector's November 26, 1999 Notice of Disapproval regarding an application for an as-built accessory storage shed located in an area other than the rear yard. 2225 North Sea Drive, Southold, NY; Parcel 1000-54-4-23. IV. OTHER RESOLUTIONS/MISCELLANEOUS: A. New Applications pending reviews were furnished to Board Members. B. RESOLUTION: Motion was offered by Chairman Goehringer, seconded by Member Dinizio, to calendar new applications filed in complete form for Thurs., June 8, 2000 and cancel the meeting previously scheduled for June 1, 2000. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). C. RESOLUTION: Motion was offered by Chairman Goehdnger, seconded by Member Dinizio, to approve the Minutes of April 19, 2000 Special Meeting.. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). D. Code Committee Review Session(s) (none). There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 10:05 p.m. yApproved - Gerard P. Goel~ringer, Cyman Respectfully submitted, Linda Kowalski 6/1/00