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Home My WebLink AboutZBA-09/06/2000 SPEC~r_PP~ALS BOARD MEMBERS Gerard P. G0ehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING WEDNESDAY, SEPTEMBER 6, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631)765-9064 Telephone (631) 765-1809 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, September 6, 2000 commencing at 6:00 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member Lora S, Collins, Member Linda Kowalski, Secretary to ZBA Absent was: George Homing, Member (excused). 6:05 p.m. Chairman Gerard P. Goehringer called the meeting to order and proceeded with the first item on the agenda: AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: SEQRA Review Determination: RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Members Tortora and Collins, to declare the following applications as Type I1: Appl. No. 4849- T. Tsatsos Appl. No. 4850- A. Tuthill Appl. No. 4852 - H. Garvey Appl. No. 4851 -W. Ryall, Jr. Appl. No. 4856- J. Wollenben. Appl. No. 4858 - A. and F. Leudesdorf (W. Mandel) Appl. No. 4857 - R. Gazzola (J. Zoumas) Appl. No. 4859 - R. Ingram Appl. No. 4861 - L. Gazzola Appl. No. 4855 - ELI Health Care Clinic (M. Levey) (Variances) . Appl. No. 4860 - Old Harbor Associates. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Collins. (Member Homing of Fishers Island was absent.) This Resolution was duly adopted (4-0). Page 2 - Minutes September 6, 2000 Meeting Southold Town Board of Appeals II. PUBLIC HEARINGS: (none). III. DELIBERATIONS/DECISIONS: The Chairman proceeded with deliberations, and decisions were rendered. Please see original filed with the Town Clerk', copies of which are attached hereto and incorporated into this set of Minutes: Denial and Grant of Alternative Relief: R. Frentzel W. Wenchell. J. Molnar. IV. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to reaffirm the following matters as advertised for the September 14, 2000 public hearings: 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 Art. II, Section 100-26 to unmerge County Tax 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 Page 3 - Minutes September 6, 2000 Meeting Southold Town Board of Appeals IV. RESOLUTIONS, CONTINUED (September 14, 2000 Legal Notice of Hearings): 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 under Article 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 XXIII, Section 100-239.4A.1 based on the Building Department's August 18, 2000 Notice of Disapproval to locate a new 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. 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 100-239.4B, based on the Building Department's August 29, 2000 Notice of Disapproval for a proposed two-stow 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 II, 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 Page 4 - Minutes September 6, 2000 Meeting Southold Town Board of Appeals IV. RESOLUTIONS, CONTINUED (September 14, 2000 Legal Notice of Hearings): to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on 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 CASHY and MARIA MISTHOS. This is a request for a Variance under Article XXIII, 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 100-31B-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 parcel of 40,011 sq. ft.; and Appl. No. 4854- Special Exception under Article III, Section 100-31B-5 to convert an 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, Page 5 - Minutes September 6, 2000 Meeting Southold Town Board of Appeals IV. RESOLUTIONS, CONTINUED (September 14, 2000 Legal Notice of Hearings): etc.) Shall otherwise be known as a "general or specialized hospital", a "rehabilitation center," rest home" or "adult home." 9:00 p.m. Appl. No. 4860 - OLD HARBOR ASSOCIATES. This is a request for a Variance under Article III, Section 100-33 based on the Building Department's July 28, 2000 Notice of Disapproval for the reason that a proposed accessory three-car garage will encroach partly in the side yard, at 1195 Old Harbor Road, New Suffolk, NY; Parcel 1000- 117-3-8.6. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, and Collins. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). OTHER REVIEWS, CONTINUED: The Chairman requested reviews and inspections for the following new applications, anticipated for ZBA public hearings to be held October 19, 2000: Appl. No. 4862 - SPRINT SPECTRUM (WILLIAM BAXTER, Owner). Height Variance for new 110 ft. high tower (all inclusive height at 110 ft.), after removal of existing 100+- ft. high tower. W/s Elijah's La, Cutchogue. 1000-108-4-11.3. Zone District: Limited Business. Appl. No. 4863 - MARTIN ROSEN, Owner. Appeal requesting Reversal of B.I. Decision dated August 14, 2000 which revoked Building Permit at 11780 Sound Ave, Mattituck. Zone District: Light Industrial. V. EXECUTIVE SESSION (None held). The Chairman confirmed the schedule for interior building viewing for Board Members regarding new hearing project(s) for Saturday, 9:45 a.m. starting with the Crownland Lane, Cutchogue. There being no other business properly coming before the Board at this time, Page 6 - Minutes September 6, 2000 Meeting Southold Town Board of Appeals the Chairman declared the Meeting adjourned. The Meeting was adjourned at approximately 7:51 p.m. Respectfully submitted, Linda Kowalski Board Secretary 11/8/00