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HomeMy WebLinkAboutZBA-06/24/1999 1 1 APPEALS BOARD MEMBERS O�SufFO��C �, pG Southold Town Hall Gerard P. Goehringer, Chairman �� 'yam 53095 Main Road James Dinizio,Jr. Cz ti P.O. Box 1179 Lydia A.Tortora Southold,New York 11971 Lora S. Collins y ��� ZBA Fax(516)765-9064 George Horning ep�►a ���',,DTe� .FI l� on - 9 D LED BY BOARD OF APPE STFIE' SOUTRIOLD TCJViTIV CI,M TOWN OF SOUTHO DATE 71a�199 lioU$ 3 1 MINUTES Town THURSDAY, JUNE 241 �39 Clerk, Town of Southold REGULAR MEETIN A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was e Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 24, 1999 commencing at 6:35 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member Linda Kowalski, ZBA Secretary. Absent was: James Dinizio, Jr., Member 6:40 p.m. Chairman Goehringer called the meeting to order. I. SEQRA RESOLUTION: A. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to declare the following projects as "Type II Actions" (no further steps under SEQRA) for the following setback, lot area, building length, and/or accessory use projects: #4696 -George and Eileen McGough #4697 - Fred and Mary Milner #4698 - William Lieblein #4.699 - Lisa Jerome #4702 - Dan and Madeline Abbott #4703 - Mike Morrison #4704 -James Hunter #4705 - Raymond Mitchell #4706 - Richard Briggman #4707 - Nancy Wellin #4708 - Mark Lieb #4709 -T. Losee #4710 -J. Frazzitta. #4711 -C. Davids. Page 2— Minutes Regular Meeting of June 2% 1999 Southold Town Board of Appeals #4662 - P. Rushin &Motley. This Resolution was duly adopted (4-0). B. COORDINATION LETTERS: Mattituck Library - Planning Board, Lead Agency/Unlisted Action Designation and coordination letter (for all involved agencies). Reviews pending. II. PUBLIC HEARINGS: 6:35 p.m. Appl. No. 4685 - VINCENT TORRE. This is a request for a Variance under Zoning Code Chapter 100, Article III, Section 100-31C(2) based upon the October 20, 1998 Notice of Disapproval (updated January 27, 1999).regarding a building permit application to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery, disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A-C Zone. Location of Property: 100 Sound Avenue, Mattituck, NY; Parcel .ID 1000-120-3-1. (No appearances were made.) Applicant, by his agent Proper-T Services, Inc., requested a postponement. Motion was. made by Chairman Goehringer, seconded by Member Tortora, to recess the hearing to the July, 22, 1999 hearings calendar, pursuant to applicant's request. VOTE OF THE BOARD: AYES: Goehringer, Tortora, Collins, Horning. (Member Dinizio was absent.) This Resolution was duly adopted (4-0). PUBLIC HEARINGS, CONTINUED: 6:38 p.m. Appl. No. 4687 - PRISCILLA STEELE. This is a request for a Lot Waiver under Chapter 100, Article II, Section 100-26, for a substandard (vacant) lot known as 275 Village Lane (west side), at Mattituck, NY, situated approximately 122 feet north of the Main Road, identified as Parcel 1000-114-6-5. This request is based upon an application for a building permit and the Building Department's March 22, 1999 Notice of Disapproval which states that Article II, Section 100-25 merged this lot with an adjacent house lot to the west referred to as 15405 Main Road, Mattituck, Parcel No. 1000-114-06-03. Richard F. Lark, Esq. spoke in behalf of the application. Also present was Mrs. Steele. After receiving testimony, motion wasmade by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). IV. AGENDA ITEM: A. Motion was made by Member Tortora, seconded by Member Horning, and duly carried, to approve the Minutes for the May 20, 1999 Meeting. This Resolution was duly adopted (4-0). B. Code Committee Sessions (none scheduled). Page 3— Minutes Regular Meeting of June 24, 1999 Southold Town Board of Appeals C. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to conduct site inspections for all of the July 22, 1999 projects. This Resolution was duly adopted (4-0). II. PUBLIC HEARINGS, continued: 6:45 - 7:15 p.m. Appl. No. 4708 - LIEB CELLARS. Variances are requested to extend the width of two buildings, creating more than. 60 ft. of frontage. This request is based upon an application for a building permit and the Building Department's May 7, 1999 Notice of Disapproval, citing Article VIII, Section 100-83C(A). Location of Property: 35 Cox Neck Lane, Mattituck, NY; Parcel ID 1000-121-6-1. Abigail Wickham, Esq. spoke in behalf of the application and requested an Interpretation. Also speaking were Joe Anfry, Mr. Hern, Arthur Foster (please see transcript of hearing statements prepared separately). Following testimony, motion was made by Mr. Chairman Goehringer, seconded by Mr. Horning, and duly carried, to recess the hearing with respect to the variance, until the September 16, 1999 meeting. This Resolution was duly adopted (4-0). 7:15 p.m. Appl. No. 4696 - GEORGE AND EILEEN McGOUGH. This is a request for a Variance under Chapter 100 (Zoning) to place an accessory garage in the front yard area at 4065 Orchard Street, Orient, NY, Parcel 1000-27-2-2.7, based upon an application for a building permit and a Building Inspector's February 26, 1999 Notice of Disapproval (#2 of 2) which states that Article III, Section 100-33 requires that the proposed accessory garage be placed in the rear yard area. Elizabeth Thompson, Architect, spoke in behalf of the application. (Please see written transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer, seconded by Members Tortora and Collins, to close the hearing. This Resolution was duly adopted (4-0). 7:28 p.m. Appl. No. 4697 - FRED MILNER. This is a request for Variances under Zoning Code Article XXIV, Section 100-244 for: (1) proposed lot coverage in excess of 20% code limitation; (2) minimum side yard at less than 10 feet on one side; (3) total side yards at less than 25 for both sides; (4) minimum rear yard at less than 35 feet. This application is based on the Building Inspector's April 6, 1999 Notice of Disapproval for approval of "as built" deck additions and pool. (Building Permit #19877-Z was issued May 17, 1991 for a pool and certain deck areas.) Location of Property: 870 Bray Avenue, Laurel, NY; Parcel 1000--126-1-15. Mr. Milner spoke in behalf of the application. (Please see written transcript of statements prepared. under separate cover.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Horning, to close the hearing. This Resolution was duly adopted (4-0). 7:43 - 8:09 p.m. Appl. No. 4703 - MIKE MORRISON. This is a request for a Variance under Article IIIA, Section 100-30A.4 for permission to locate an accessory inground swimming pool in an area other than the required rear yard at 30100 Main Road, Cutchogue; Parcel 1000-102-3-7. Mr. Morrison submitted five sets of photos and spoke in behalf of his application. Mr. T. McCarthy (prior owner) and Margaret Sheraton also spoke in'support of the application. Opposing the application were Deborah Doty, Esq. for the Association and Mr. Ray Huntington. Please- see written transcript of statements prepared under separate Page 4— Minutes Regular Meeting of June 24, 1999 Southold Town Board of Appeals cover.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to close the hearing. This Resolution was duly adopted (4-0). A short recess was taken between 8:09 and 8:15 p.m. 8:15 - 8:40 p.m. Appl. No. 4702 - DAN AND MADELINE ABBOTT. This is a request for a Lot Waiver under Article II, Section 100-26 for a substandard vacant lot referred to as 355 Pine Place, East Marion, Map of Gardiners Bay Estates, NY, identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 4, Lot 14. This request is based on an application for a building permit and the Buildind Department's February 11, 1999 Notice of Disapproval which states that Lots 14 and 15 in District 1000, Section 37, Block 4, have merged under Article II, Section 100-25A, due to common ownership at any time since July 1, 1983. CTM Lot 15 is a house lot referred to as 435 Pine Place, East Marion, NY. Eugene Barnosky, Esq. and Paul Heffernan (sworn in) spoke in support of the application. Opposing the application were D. Wirtz, Frank Thorp, Arnold Blair, residents in the Gardiners Bay Association area. Please see written transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to close the hearing. This Resolution was duly adopted (4-0). 8:40 - 9:05 p.m. Appl. No. 4707 - NANCY WELLIN. This is a request for a Lot Waiver Waiver under Article II, Section 100-26 for a vacant corner lot, substandard in size, which is referred to as 1145 Grand Avenue, Mattituck, NY, Suffolk County Tax Map District 1000, Section 107, Block 8, Lot 37. This request is based on an application for a building permit and the Building Department's April 29, 1999 Notice of Disapproval which states that Lots 32 and 37 in District',1000, Section 107, Block 8, have merged,under Article II, Section 100-25A, due to common ownership at any time after July 1, 1983. CTM Lot 32 is a vacant corner lot, also substandard in size, referred to as 200 Brower Road, Mattituck. Dan Mooney, Esq. spoke in behalf of the application. Speaking with concerns was Mrs. Barbara Reiter and Mr. Bob Reetz. Please see written transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer; seconded by Member Horning, to close the hearing. This Resolution was duly adopted (4-0). 9:05 - 9:09 p.m. Appl. No. 4704 - JAMES HUNTER. This is a request for a Variance to locate an in-ground swimming pool in an area other than the required rear yard. This application is based upon an application for a building permit and the Building Department's April 22, 1999 Notice of Disapproval which cites Article III, Section 100-33. Location of Property: 11227 Soundview Avenue, Southold, NY; Parcel 1000-54-6-2.6. Please see written transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Collins, to close the hearing. This Resolution was duly adopted (4-0). 9:09 - 9:16 p.m. Appl. No. 4705 - RAYMOND MITCHELL. This is a request for a Variance to locate addition/alteration to the existing single-family dwelling with an insufficient front yard setback. This request is based upon an application for a Building Permit, and the Building Inspector's January 5; 1999 Notice of Disapproval which cites Article XXIV, Section 100-244. Location of Property: 1875 Hiawathas Path, Southold, NY; Parcel Page 5 — Minutes Regular Meeting of June 24, 1999 Southold Town Board of Appeals 1000-78-3-60. Mr. Mitchell spoke in behalf of his application. Please see written transcript of statements from the applicant and Mr: Peter Bransfield, prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to close.the hearing. This Resolution was duly adopted (4-0). 9:16 p.m. Appl. No. 4706 - RICHARD BRIGGMANN. This is a request for a Variance for approval of "as built" foundation dated April 1, 1999, under Building Permit #25602-Z which is located with a rear yard setback at less than the code requirement of 50 ft. This request is based upon inspections under. Building Permit No. 25602-Z and the Building Department's April 27, 1999 Notice of Disapproval which cites Article III, Section 100-30A.3. Location of Property: 272 Breakwater Road, Mattituck, NY; Parcel 1000-113-3-7.4. (No appearance). The Chairman opened the hearing and recessed the hearing for approximately 20 minutes to see if the builder (D. McGahan) would return. See 11:03 p.m. 9:17 - 9:24 p.m. Appl. No. 4709 - THOMAS LOSEE. This is a request for a Variance for"as built" location of deck addition with a setback at less than 75 feet from the bulkhead. This request is based on an application for a building permit dated April 28, 1999, and the Building Department's May 4, 1999 Notice of Disapproval citing Article XXIII, Section 100- 239.4B. Location of Property: 7425 Nassau Point Road, Cutchogue; Parcel 1000-118-4-2. C. Mesiano appeared in behalf of applicant. Please see written transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Collins and Tortora, to close the hearing. This Resolution was duly adopted (4-0). 9:24 - 9:28 p.m. Appl. No. 4711 - CURTIS DAVIDS. A Variance is requested under Article XXIV, Section 100-244 to place deck addition with a setback at less than the required 35 feet from the rear property line, at 215 Green Hill Lane, Eastern Shores Lot 123, Greenport; Parcel 1000-33-2-48. Mr. Davids spoke in behalf of his application. Please see written transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer,.seconded by.Member Collins, to close the hearing. This Resolution was duly adopted (4-0). 9:28 - 9:48 p.m. Appl. No. 4698 - WILLIAM LIEBLEIN and BUDD'S' POND REALTY. Variances are requested for lot area of 35,000+- sq. ft., lot depth of 100+- ft., rear yard at less than 25 feet, landscape area at less than 20%, and building height at 36.5 feet in this M-II Marine Zone District. These requests are based upon an application for a building permit to construct boat storage building-facility and the Building Department's March 23, 1999 Notice of Disapproval reference Article XII, Sections 100-121 and 100-122. Location of Property: 62845 and 62945 Main Road, Southold, NY; Parcels No. 1000-56-4-11 and 13.2. Garrett Strang' Architect, and Bill Lieblein appeared in behalf of the application. Also appeared in support of the application were Charlie Swiskey, employee of the Port of Egypt, and Dr. Joseph Lizewski. Please see written transcript of statements prepared under separate cover.) In reviewing the Affidavits of Mailing submitted at this time, it was noted by the Board Secretary that the Long Island Railroad was not notified and asked the Board if they wished to require notice or waive notice: After receiving testimony in support of the application, motion was made by Chairman Goehringer, seconded by Member Tortora, to Page 6— Minutes Regular Meeting of June 2% L999 Southold Town Board of Appeals recess the hearing to the July 22, 1999 hearing calendar (pending receipt of notice to the LIRR). This Resolution was duly adopted (4-0). 9:48 - 9:53 p.m. Appl. No. 4712 - HENRY AND LINDA KOZEN. Variances are requested under Article III, Section 100-33 for placement of an accessory storage building in a front yard area, and under Article III, Section 100-231 for placement of a fence along and within front yard areas at a height above the four-ft. limitation. Location of Property: Corner of Theresa Drive and 1520 Donna Drive, Mattituck, NY; also known as Lot #33 on the Map of Deep Hole Creek Estates; County Parcel ID #1000-115-15-14. The applicants spoke in support of their project. (Member Tortora left the room during this hearing, and the three remaining board members remained.) Please see written transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Horning, to close the hearing. This Resolution was duly adopted (3-0). Member Tortora returned to the meeting at this time. 9:53 - 10:10 p.m. Appl. No. 4662 — PATRICIA RUSHIN & PAMELA MOTTLEY. Variances are requested under Article III, Sections 100-32, 100-33, and Article XXIII, Section 100-235A(2) based upon the December 10, 1998 Notice of Disapproval in this pending . subdivision project for: (a) Insufficient lot width for each proposed Parcel A and B, for one single-family dwelling use on each Parcel; (b) Insufficient lot area of proposed Parcel A; © Insufficient side yards for each proposed Parcels A and B. (d) Insufficient total side yards for each proposed Parcel A and B. (e) Proposed Parcel B— with "no safe and convenient access". (f) Bathhouse structure on Parcel A. Location: 6850 Indian Neck Lane, Peconic; 1000-86-7-5 (currently 3.43+-A). Patricia Moore, Esq. appeared and spoke in behalf of the applicants. The owners were also present with their Architect, Patrick Brennan. Mrs. Varano spoke with concerns and objections. Please see written transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Horning, to close the hearing. This Resolution was duly adopted (4-0). 10:10 - 10:38 p.m. Appl. No. 4699 - LISA JEROME (HARTS HARDWARE). Variances are requested under Article X, Section 100-102 to locate a proposed addition with reduced rear and front yard setbacks,. and under Article X, Section 100-103C for a structure (addition) at more than sixty linear feet of frontage in this General Business Zone District. This request is based upon an application for a building permit and the Building Department's April 5, 1999 Notice of Disapproval. Location of Property: 50000 Main Road (Hardware Store) and Jockey Creek Drive, Southold, NY; CTM Parcel 1000- 70-5-6.2. Patricia Moore, Esq. spoke in behalf of the applicants. Dr. Joseph Lizewski spoke in support of this project. Please see written transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer, seconded + Page 7— Minutes Regular Meeting of June 2,r, 1.999 Southold Town Board of Appeals by Member Horning, to recess the hearing to the August 18, 1999 hearings calendar, pending comments from the Planning Board regarding site plan elements. This Resolution was duly adopted (4-0). 10:38 - 11:03 p.m. Appl. No. 4710 JOSEPH FRAZZITTA. A Variance is requested under Article XXIII, Section 100-239.4B to locate a proposed accessory building at less than the code requirement of 75 feet from the bulkhead, and at less than the 40 ft. setback condition provided under ZBA Appl. No. 4570 dated June 23, 1998. Location of Property: 1420 Inlet Way, Southold, NY; CTM Parcel 1000-92-1-6. Patricia Moore, Esq. spoke in behalf of the applicant. Board Members also discussed the concern about "res judicata" since the relief requested in this application appears to be the same relief which was decided previously. It was agreed to recess the hearing to July 22, 1999, to provide an opportunity for the Members to consult with the Town Attorney. Please see written transcript of statements prepared under separate cover.) Following testimony, motion was made by Chairman Goehringer, seconded by Member Collins, to recess the hearing to the July 22, 1999 hearings calendar. This Resolution was duly adopted (4-0). 11:03 p.m. Appl. No. 4706 - RICHARD BRIGGMANN. (No appearance.) The public hearing was reopened, and not no appearances, motion was made by Chairman Goehringer, seconded by Member Tortora, to recess the hearing to-July 1, 1999. This Resolution was duly adopted (4-0). III. DELIBERATIONS/DECISIONS: (none - all were carried over to.the next meeting due to the lateness of the meeting). IV. RESOLUTIONS (none). V. EXECUTIVE SESSION (Pending litigation - Southampton Lumber Co) (not held). There being no other business at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at approximately 11:20 p.m. Respectfully submitted, Linda Kowalski 7/19/99 Board Secretary Decis' s>Atted: one). Al5p__roved - 7/22/99 Re olution