The URL can be used to link to this page

Home My WebLink AboutZBA-12/14/1999 AhPEAL,5 BOARD MEMBERS Southold Town Hall Gerard.P. Goehringer, Chairman �� G'y� 53095 Main Road t James Dinizio,Jr. c P.O. Box 1179co Lydia A. Tortora ' Southold,New York 11971 Lora S. Collins ifi O� ZBA Fax(516)765-9064 George Horning ��l �►a Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, DECEMBER 14, 1.999 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, DECEMBER 14, 1999, commencing at 6:35 p.m. in the Assembly Hall (Court Room). Present were: GERARD P. GOEHRINGER, CHAIRMAN-MEMBER JAMES DINIZIO, JR., MEMBER GEORGE HORNING, MEMBER LORA S. COLLINS, MEMBER LINDA KOWALSKI, CLERK Absent was: LYDIA A. TORTORA, MEMBER (ill) 6:35 p.m. The Chairman called the meeting to order and proceeded with the first order of business, as follows: I. SEQRA determinations: (none). II: PUBLIC HEARINGS: (Each of the applicants submitted Affidavits of Posting and Mailing, and Green Cards for Certified Mailings at the beginning of their hearing. Legal notices were read at the beginning of each hearing.) 6:38 p.m. Appl. No. 4766 - JAMES WHEELER. This is a request for a Variance under Article XXIV, Section 100-244B, based upon the Building Department's October 18, 1999 Notice of Disapproval of a building permit application to construct a one-family dwelling with a front yard setback at less than 40 feet and rear yard at less than 50 feet. This lot contains an area of 27,100+- sq. ft. with 221.58 ft. frontage along the south side of Chestnut Road, Southold, NY; Parcel No. 1000-59-3-7. John Zoumas, Builder appeared and spoke in behalf of the application. Mrs. Charlotte Price spoke with concerns about drainage from the applicant's land onto her land (please see written transcript of hearing prepared separately). After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to RECESS the hearing to January 13, 2000 pending receipt of recommendations from applicant's engineer, and continued discussion regarding drainage issues. This Resolution was duly adopted (4-0). (Please see transcript of verbatim testimony prepared separately.) Page 2- Minutes Regular Meeting held December 14, 1999 Southold Town Board of Appeals 7:03 p.m. Appl. No. 4768 - GEORGE KALOGERAS. This is a request for a Variance under Article XXIV, Section 100-244B, based upon the Building Department's October 26, 1,999 Notice of Disapproval of a building permit application to construct addition to enclose existing breezeway and attach existing garage as addition to dwelling, The existing side setback of the garage is less than the code requirement of 15 feet, and total side yards at less than 35 feet. Location of Property: Captain Kidd Estates Lots 48, 47 and p/o 46 (consisting of 36,911 sq. ft. in area), 900 Sound Beach Drive, Mattituck, NY; County Parcel No. 1000-99-1-8.1. Christina Rivera, Agent, appeared in behalf of the applicant. (Please see written transcript of hearing prepared separately.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). (Please see transcript of verbatim testimony prepared separately.) 7:07 p.m. Appl. No. 4770 - JAMES RILEY. This is a request for a Variance under Article III, Section 100-33C, based upon the Building Department's updated September 7, 1999 Notice of Disapproval of a building permit application to construct a tennis court with a front yard setback at less than 50 feet from the front property line. Fencing for the tennis court is proposed at a height of 12 ft. Location of Property: 3600 Vanston Road at Nassau Point, Cutchogue, NY; Parcel No. 1000-111-5-12. Eugene Burger, Contractor, spoke in behalf of the applicant. Mr. Cichanowicz submitted a landscaping plan prepared for the applicant. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horning, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). 7:13 p.m. Appl. No. 4773 - MARGUERITE AND JAMES SCHONDEBARE. A Special Exception is requested for a Bed and Breakfast accessory use as provided under Article III-A, Section 100-30A.2(B) (ref. 100-31 B) for rental of not more than three bedrooms, subordinate and incidental to the residency of the owners in this dwelling at 14580 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-50-6-2. Mr. Schondebare spoke in behalf of his application. (Mrs. Schondebare was also present.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). (Please see transcript of verbatim testimony prepared separately.) 7:17 p.m. Appl. No. 4769- DOUGLAS MORRIS. This is a request for a Variance under Article XXIII, Section 100-231, based upon the Building Department's October 21, 1999 Notice of Disapproval for fencing at a height of 10 feet, as an enclosure of owner's tennis court structure, instead of the Code height limitation of 6.5 feet. Location of Property: Private Right-of-way (Private Road #15), extending from State Route 25 (Main Road), Orient, NY; County Parcel No. 1000-15-9-3.4. J. Kevin McLaughlin, Esq. appeared in Page 3- Minutes Regular Meeting held December 14, 1999 Southold Town Board of Appeals behalf of the applicant. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). (Please see transcript of verbatim testimony prepared separately.) 7:20 p.m. Appl. No. 4765 - .FRANK FIELD REALTY. The Chairman introduced the hearing. The applicant's attorney had not arrived at this point in time, and the Chairman offered a motion to recess the hearing for approximately 20 minutes. The motion was seconded by Member Horning and duly adopted (4-0). The Board_ then proceeded to the next hearing. DELIBERATIONS: 7:23 p.m. Appl. No. 4749 - LESLIE WINDISCH. The Board briefly deliberated the information received in the record, and decided to wait until after the hearings before proceeding further. DELI BERATIONS/DECISION: 7:23 p.m. Appl. No. 4749 - EDWARD WETZEL. The Board deliberated and rendered a favorable decision. See original filed with the Town Clerk's Office. A copy is also attached as though fully written in this set of Minutes. PUBLIC HEARINGS, continued: T29 - 7:48 p.m. Appl. No. 4765 - FRANK FIELD REALTY. Motion was made by Member Collins, 'seconded by Chairman Goehringer, and duly carried, to open the hearing regarding applicant's requests. Applicant proposes to locate a new dwelling in addition to other dwellings on this 22,526+-.sq. ft. lot, applicant requests Variances from the Zoning Ordinance: (1) under Article III-A, Section 100-30A,-to add another dwelling on this 22,526+- sq. ft. parcel; (2) under Article III-A, Section 100-30A, to remove prior ZBA Conditions set forth in Appeal No. 3303 issued February 14, 1985 which restricts the property from adding another dwelling; and (3) under Article IIIA, Section 100- 30A.2(1), based upon the Building Department's August 27, 1999 Notice of Disapproval which reads as follows: . "Proposed.construction of single-family dwelling not permitted pursuant to Article IIIA, Section 100-30A(1) which allows one-family detached dwellings, not to exceed one dwelling on each lot., Proposed project is located on a lot that has an existing one-family dwelling and a separate two-family dwelling (per ZBA #3303). In addition, proposed structure has front yard setback of 22 feet and a side yard of 13 feet, lot is nonconforming (22,524+-sq. ft.). Article XXIV, Section 100-244B Page 4- Minutes Regular Meeting held December 14, 1999 Southold Town Board of Appeals requires a 40 feet minimum front yard setback and a fifteen ft. minimum side yard setback." The setbacks proposed for an additional dwelling on this 22,524 sq. ft. lot are less than 25 feet for both sides, and one side yard at less than 15 feet. (This notice is based on the original application filed with the Building Department and Disapproved August 27, 1999 and does not include a request for a future minor subdivision or set-off division.) Location of Property: Linnet Street and Brown Street, Greenport Driving Park Lots 26 and 28, 59, and 60; County Parcel No. 1000-48-3-20.1. Gary Flanner Olsen, Esq. spoke in favor of the application. Also speaking in support of the application were Bob Adipietro for the Kiwanis Club, Jack Desmunde, David DeFriest, Richard Vandeburg, and Club President, Scott Russell. Speaking in opposition were neighbors: John Dinizio, Paul Dinizio, John Dinizio, Jr. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to RECESS the hearing for approximately 20 minutes SHORT BREAK: A short-break was taken from 7:48 to 7:55 p.m. RESOLUTION/CONTINUATION OF HEARINGS: Motion was made by Chairman - Goehringer, seconded by Member Homing, and duly carried; to reconvene the meeting. This Resolution was duly adopted (4-0). PUBLIC HEARINGS, continued: 7:55 - 8:22 p.m. Appl. No. 4765 - FRANK FIELD REALTY. The hearing reconvened. After receiving additional testimony, motion- was offered by Chairman Goehringer, seconded by Member Dinizio, to RECESS the hearing until the next Regular Meeting,,to wit, January 13, 2000. This Resolution was duly adopted (4-0). 8:23 p.m. Appl. No. 4761 - RICHARD POGGI. (Hearing continued from November 18, 1999 regarding lot coverage and setback variances only.) Patricia C. Moore, Esq., Architect Robert Brown, and Mr. Poggi spoke in behalf of the application. .. Speaking in opposition was neighbor Peter Deutsch; also see signed Petitions from residents in opposition submitted at the hearing by Mr. Deutsch. (For details and statements, please see written verbatim transcript of hearing prepared separately.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, and duly carried, to close the hearing, pending deliberations. This Resolution was duly adopted (4-0). Page 5- Minutes Regular Meeting held December 14, 1999 Southold Town Board of Appeals 9:35 p:m. Appl. No. 4771 - LEWIS EDSON (MARY KIRSCH,-Contract Vendee). This is a request for a Variance under Article XXIV, Section 100-244B, based upon the Building Department's November 8, 1999 Notice of Disapproval for a permit to locate dwelling with a setback at less than 50 feet from a private right-of-way shown along the east side of the property. Location of Property: 9720 Main Bayview Road, Southold, NY; Parcel No. 1000-87-5-24. Patricia Moore, Esq. spoke in behalf of Mrs. Mary Kirsch, who was present with Ms. Bertolini, Architectural Designer, and Mr. Kirsch. After receiving verbatim testimony, motion was offered by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). Please see written verbatim transcript of hearing prepared separately. 9:40 p.m. Appl. No. 4763 - JOHN AND MARY ANNE LUCEY (Mary Santacroce, Contract Vendee). This is a request for a Waiver of Lot Merger under Section 100-26, based upon issuance of a Notice of Disapproval by the Building Department in applicant's request to build a dwelling on a substandard lot, for the following reasons: A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which,has been held in common ownership with the first lot at any time after July 1, 1983..: Subject lot is nonconforming and held in common ownership with adjacent lot SCTM#1000-139-3-4.1 and 3.1. . Location of Property: 2850 Wickham Avenue, Mattituck, NY; County Parcel No. 1000-139-3-6.1 consisting of 30,000+- sq. ft.; Mattituck Heights Subdivision Lot Ref. 17, 18 and 19. Harvey A. Arnoff, Esq. appeared with the applicant-contract vendee, Mary Santacroce. After receiving verbatim testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). Please see written verbatim transcript of hearing prepared separately. PUBLIC HEARINGS, continued: 9:46 p.m. Appl. No. 4626 and 4662 - FAITH REFORM BAPTIST CHURCH (Peter Jacques, Owner). Applicant is requesting a Certificate of Occupancy for "Meeting of persons for worship in meeting hall and office" and has applied for: (A) A Special Exception under Article IX, Section 100-91 B(6) and/or Interpretation under Article IX, Section 100-91A(12) Permitted Uses with regard to use as an "Auditorium or Meeting Hall", and (B) Variances based on the October 14, 1998 Building Department's Notice of Disapproval which states that the application for permit to Page 6- Minutes Regular Meeting held December 14, 1999 Southold Town Board of Appeals occupy part of an existing building as a house or ship is disapproved on the following grounds: "(1) House of Worship is not permitted in an HB District pursuant to Article IX, Section 100-91A, B and C; and (2) Insufficient lot area. In the HB District 20,000 sq. ft. is required for each use, Article IX, Section 100-92. This lot is approximately 21,500. sq. ft. and is occupied by one tenant at this time, seeA,; attached site plan." Location of Property: 13000 Main Road, ' +" Mattituck, NY; County Parcel No. 1000-114-11-12.' Patricia_ Moore, Esq. appeared with Rev. Chris Hatton. After receiving verbatim testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly .adopted (4-0). Please see written verbatim transcript of hearing prepared separately. PUBLIC HEARINGS, continued: 10:00 p.m. Appl. No. 4764 - LOCKE McLEAN. This is a request for a Variance under Article XXIV, Section 100-244, based upon the Building Department's March 24, 1999 Notice of Disapproval, and applicant's proposal to relocate and alter single-family dwelling with a front yard variance rear yard setback at less than forty-five feet. Location of Property: Oriental Avenue, Fishers Island, NY; County Parcel No. 1000-10- 10-5. (Please note: Map was amended about 9/99 eliminating need for front yard variance and removing front patio.) Richard F. Lark, Esq. appeared with Mrs. McLean in regarding their application. After receiving verbatim testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). Please see written verbatim transcript of hearing prepared separately. 10:08 p.m. Appl. No. 4774 - D. CLAEYS BAHRENBURG. Applicant is requesting a Variance under Article III, Section 100-30A.3, based upon the Building Department's November 16, 1999 Notice of Disapproval for an as-built raised patio around swimming pool, and with new construction reduces the existing lot coverage from 5,173 sq. ft. to 5,116 sq. ft. (23.6%, or 780 sf. over the allowable). Location of Property: 300 Private Road #14, Orient, NY; County Parcel No. 1000-24-2-20. Bruce Anderson, President of Suffolk Environmental Consulting, Inc. appeared in behalf of the applicant. Also present were the Architect/Gordon Price, and Builder/Bob Sorenson, Mrs. Geri Woodhouse for the Orient Historical Preservation Association, and neighbor Peter Deutsch, all in support of the application. Mr. Anderson submitted letters in support of this application from Linton Duell (neighboring property owner) and Charlotte Hanson, President of the Oysterponds Historical Society. After receiving verbatim testimony, motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to close Page 7 - Minutes Regular Meeting held December 14, 1999 Southold Town Board of Appeals (conclude) the hearing, pending deliberations. This Resolution was duly adopted (4-0). . (For details and statements, please see verbatim transcript prepared separately.) End of hearings. III. DELIBERATIONS/DECISIONS, continued: Deliberations/Decision carried from last meeting's agenda: Appl. No. 4749 - Leslie Windisch. A decision was rendered re-affirming Pre-Certificate of Occupancy (attached and incorporated herein). (See Original determination.filed with the Town Clerk). Appl. No. 4755 - Edward Wetzel. A decision was rendered favorably (attached and incorporated herein). (See Original determination filed with Town Clerk). Deliberations/Decisions from tonight's hearing list (See Original determinations filed with the Town Clerk; copies of which are incorporated herein): Approved: Appl. No. 4.768 - G. Kalogeras Appl. No. 4770 - J. Riley Appl. No. 4773 - M. and J. Schondebare Appl. No. 4769 - D. Morris Appl. No. 4774 - D. Bahrenburg Appl. No. 4764- L. McLean .Appl. No. 4771 - L. Edson Appl. No. 4763 - J. and M. Lucey Interpretation: Appl. No. 4626 and 4662 - Faith Reform Denial with Grant of Alternative Relief Appl. No 4761 - R. Poggi IV. RESOLUTIONS/CORRESPONDENCE/OTHER UPDATES: A. RESOLUTION: Motion Was offered by Chairman Goehringer, seconded by ge.8-.Minutes egular.Meet!r g tield:Dedeinbei'1.4, 1999 " . Southold Tovi . BoarO of,Appea s:;. Member:Dinizio;.;and dWi:-caiii4d- to;approve.the;,Minutes:'.of the: Deeembe'r 1,. .1999 M`diwho. This:Resolution was:duly adopted"(40)'. 8:: RESOLUTION; Motion was:offered.by.Chairman,Goehringer, seconded by ' Member.Dinizio,:.antl:dilly:tamed; .to.;caldndar;riew applications for Thurs-., January 13, 2000:`regarding.Applications; when!Opbepted in'complete form by the ZBA.Office and Chairman and:atathorizing advertising•befote;the deadline provided..by New,York Town Law urtderAppl:`No:4775ahroiagh'Nd:4779. V. :EXECUTIVE SESSION:(none held). :There:,being no,other.business properly coming.before.the Board at this time, the Chairman declared.the me eting,.adjourned. The meeting adjourned at approximately .. ' Respectfully submitted, . . 4?�/, � i da Kowalski;.Clerk Board of Appeals .12/29/99 N Deoisi s .,h Gera Goehrtnger, C airman ' Approved for Filing 1/14/2000 I T Y LD T':J�v i i9 ''a�.•Lf::ti DATE /�1q�ao Town Clerk, cvv- . cf Southold