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Home My WebLink AboutZBA-10/26/2000A~,PPEALS. 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 REGULAR MEETING THURSDAY, OCTOBER 26, 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, Octo- her 26, 2000 commencing at 5:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora S. Collins, Member Linda Kowalski, Secretary Absent was: George Homing, Member. 5:30 p.m. Chairman Gerard P. Goehringer called the meeting to order. I. RESOLUTION/SEQRA: (None Calendared) II. PUBLIC HEARING: (None Calendared) Ill. DELIBERATIONS/DECISIONS: Copies of the original official decisions filed with the Office of the Town Clerk are attached and incorporated into this set of Minutes as though written herein in their entirety: Approvals: Appl. No. 4875 - Leslie Gazzola. Appl. No. 4878 - William S. Kelly. Denial with Grant of Alternative Relief: Appl. No. 4863 - Thomas J. Monahan. Denial: Appl. No. 4865 - Tanas Tsatsos. Page 2 - Minutes Meeting held October 26, 2000 Southold Town Board of Appeals IV. RESOLUTION/UPDATED REVIEWS: was RESOLUTION: On motion by Chairman Goehringer, seconded by Member Collins, it RESOLVED, to ADVERTISE the following applications filed in complete form by October 12, 2000 for the November 16, 2000 Hearing Calendar: 6:30 p.m. Appl. No. 4884 - BUILDING DEPT. This is a request for a Town-Wide Interpretation under Article I, Section 100-13 of the Zoning Code, as to whether or not a hot- tub or jacuzzi structure shall be considered a "swimming pool," thereby applying the same fence enclosure standards of Section 100-31C(4)(a). 6:30 p.m. Appl. No. 4891 - JAMES MILLER. This is a request for a Vadance under Article XXIII, Section 100-231 based on the Building Department's October 4, 2000 Notice of Disapproval regarding a building permit application for the reason that the paddock fence height is proposed greater than four (4) feet high in a front yard area at 2100 Arbor Lane, Mattituck, NY; Parcel 1000-121-1-1.11. 6:35 p.m. Appl. No. 4871 - WILLIAM ZOUMAS (Owner: Vera Doroski). (Continued from October 19, 2000 hearing calendar) This is a request for a Variance under Article XXlV, Section 100-244, based on the Building Department's September 11, 2000 Notice of Disapproval to locate a new dwelling with a front yard setback at less than the 40 ft. minimum code requirement, and rear yard setback at less than the 50ft. minimum requirement for a parcel of 21,580 sq. ft. in size. Location of Property: 455 Beebe Drive, Cutchogue, NY; CTM Parcel No. 1000-97-7-14. 6:40 p.m. Appl. No. 4876 - GORDON AND MADELEINE SCHLAEFER. This is a request for a Vadance under Article X, Section 100-103C, based on the Building Department's September 14, 2000 Notice of Disapproval. Applicants are proposing an addition to an existing commercial building with a new frontage facing C.R. 48 at 103 feet. Project Location: 1670 House, 47025 C.R. 48 (a/k/a Middle Road), Southold; 1000-55-2-23. 6:45 p.m. Appl. No.a 4886 - GLENN and YVONNE MCNAB, Contract Vendees (Elaine Abelson, Current Owner). This is a request for Variances under Article IliA, Section 100-30A.3 and 100-30A.4, based on the Building Department's October 2, 2000 Notice of Disapproval of an application to locate a new dwelling with accessory buildings. The dwelling is proposed at less than 50 feet from the front and rear property lines, and the proposed accessory buildings are proposed within the side yard. Location of Property: 665 Arrowhead Lane, Peconic, NY; Parcel 1000-98-3-4. Page 3 - Minutes meeting held October 26, 2000 Southold Town Board of Appeals 6:50 p.m Appl. No. 4890 - JAMES and HELEN LECHMANSKI. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's September 11, 2000 Notice of Disapproval to locate an addition to dwelling and addition to accessory garage with a lot coverage for all building area over 20 percent. Location of Property: 2495 King Street, Orient, NY; Parcel 1000-26-2-45. 6:55 p.m. Appl. No. 4883 - MARl D. SHEA. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's September 11, 2000 Notice of Disapproval to locate an addition to dwelling with a front yard setback at less than 35 feet, at 1350 Smith Road, Peconic, NY; Parcel 1000-98-3-25.1. 7:00 p.m. Appl. No. 4885 - F.B. HARVEY III. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's September 19, 2000 Notice of Disapproval to locate an addition to dwelling with a rear yard setback at less than 50 feet. Location of Property: Private Road, Fishers Island, NY; Parcel 1000-7-6-10. 7:10 p.m. Appl. No. 4889 - RALPH and CATHERINE CASELNOVA. This is a request for a Variance under Article III, Section 100-31 Bulk Schedule, based on the Building Department's September 11, 2000 Notice of Disapproval in this minor subdivision project. The lot proposed to be set-off will contain an area of less than 80,000 sq. ft. when excluding any portion of a public or private street right-of-way pursuant to definition of lot area, Article I, Section 100-13. Location of Property: Right-of-Way off the North Side of Main Road (State Route 25), Odent; Parcel 1000-19-3-9.8 and 9.9. 7:15 p.m. Appl. No. 4887 - VICTOR and ELLA BECK. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's October 5, 2000 Notice of Disapproval for an addition to dwelling which will exceed 20% lot coverage maximum for all building area. Location of Property: 2215 Minnehaha Boulevard, Southold; Parcel 1000-87-3-56. 7:20 p.m. Appl. No. 4888 - RICHARD W. GOODALE. This is a request for an Accessory Bed and Breakfast Use by Special Exception under Article Ill, Section 100- 31B(14) for the renting of up to five (5) rooms in an owner-occupied dwelling for lodging and serving of breakfast to not more than 10 casual and transient roomers, providing that the renting of such rooms is clearly incidental and subordinate to the principal use of the dwelling. Location of Property: 8755 Fifth Street, New Suffolk, New York; Parcel 1000-117- 10-13 and 14, as one lot of 40,000+- sq. ft. 7:30 p.m. Appl. No. 4881 - GINA MAXWELL. This is a request for Variances under Article III, Section 100-31 Bulk Schedule and Article XXIII, Section 100-231B, based on the Building Department's September 11, 2000 Notice of Disapproval to locate an addition to dwelling and fence. The addition is proposed with lot coverage for all building area exceeding the maximum 20% permitted by code; the fence will greater than 6.5 feet in height Page 4 - Minutes Meeting held October 26, 2000 Southold Town Board of Appeals along the side and rear yards. Parcel 1000-25-3-3.1. Location of Property: 170 Orchard Street, Odent, NY; 7:35 p.m. Appl. No. 4879 - PETER HENNESSEY and MARYANN FONTANA (Buckaneer Books). This is a request for a Variance under Article III, Section 100-31 Bulk Schedule, based on the Building Department's September 11, 2000 Notice of Disapproval for a warehouse, or storage building, which building area will bring the total lot coverage over 20% of the lot size. Location of Property: 4460 Depot Lane, Cutchogue, NY; Parcel 1000- 96-5-8. 7:45 p.m. Appl. No. 4882 - LAV-COR AGRICULTURAL INC. (Peconic Bay Winery). Applicant is requesting: (a) an Interpretation of Article X, Section 100-103C determining the yard area of the proposed "accessory Wine Tasting building" to be a rear yard instead of a front yard based on the definitions of Section 100-13; and/or (b) a variance under Article X, Section 100-103C, for a new Wine Tasting barn, in addition to the existing winery production building, which, based on the Building Department's September 20, 2000 Notice of Disapproval, is proposed for an overall length exceeding 60 ft. frontage facing the Main Road (State Route 25), Cutchogue; Parcel 1000-103-1-19.2 and 19.11. 8:00 p.m. Appl. No. 4862 - SPRINT SPECTRUM, L.P. (Owners: W. Baxter & ors.) - This is a request for a Vadance under Article III, Section 100-33A, based on the Building Department's May 31, 2000 Notice of Disapproval for removal of the existing tower and to construct new wireless communication tower at a height exceeding 20 feet above the average height of buildings within 300 feet of the facility. The height is proposed at 110+- feet from ground. Location of Property: 415 Elijah's Lane, Mattituck; County Tax Map No. 1000-108-4-11.3. Zone District: Limited Business. 8:20 p.m. Appl. No. 4864- MARTIN ROSEN. This is an Appeal requesting a Reversal of the Building Department's Revocation of Permit No. 26546-Z dated August 14, 2000 regarding a ham radio tower which exists at 11780 Sound Avenue, Mattituck, NY; Parcel No. 1000-141-3-44. Zone: LI Light Industrial. The reasons stated in the Disapproval are as follows: "Pursuant to Article XXVIll, Section 100-282B, The Building Inspector may revoke a building permit issued in error when it should not have been issued in accordance with the application law. Subject property, in LI Zone, had a pre-existing nonconforming dwelling as principle use. This use was lost pursuant to Article XXIV, Section 100-241G. Subject property does not contain a permitted principle use pursuant to Article XIV, Section 100-141A, An accessory use cannot exist without a principle use." VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. (Member Homing of Fishers Island was excused-absent.) This Resolution was duly adopted (4-0). , Pa~e 5 - Minutes Meeting held October 26, 2000 Southold Town Board of Appeals Other Pending Applications with hearing dates: Carryover Hearing, tentative for DECEMBER 7: CASHY & MISTHOS Carryover Hearings, for DECEMBER 14: 7:20 p.m. Appl. No. 4877 - KENNETH ROBINS. This is a request for a Variance under Article III, Section 100-33A, based on the Building Department's August 21, 2000 Notice of Disapproval of an application for a second floor addition to existing accessory garage with a median height to collar ties as 19 feet. Location of Property: 365 Pequash Ave, Cutchogue; County Parcel No. 1000-103-7-29. 8:15 p.m. Appl. No. 4826 - WILLIAM PENNEY/TIDY CAR. (Continued hearing). Property located at the corner of C.R. 48 and Youngs Avenue, Southold, NY; 1000-55-5-2.2. Zone: B General Business. V. EXECUTIVE SESSION (none). The Chairman declared the meeting adjourned at approximately 6:20 p.m. Respectfully submitted, Linda Kowalski ///ed~~~. Secre tar y 1~31~01 - ~wa Cl'erk