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Home My WebLink AboutZBA-10/19/2000 `APPEALS BOARD MEMBERS O�®StFFOL�� OG Southold Town Hall Gerard P. Goehringer, Chairman p y� 53095 Main Road James Dinizio, Jr. C Z P.O. Box 1179 Lydia A. Tortora "T Southold, New York 11971 Lora S. Collins 'f� ®!� ZBA Fax (631) 765-9064 George Horning Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING MONDAY, OCTOBER 19, 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 Monday, Octo- ber 19, 2000 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member (excused/left at 8:18 p.m.) Lora S. Collins, Member Linda Kowalski, Secretary 6:30 p.m. Chairman Gerard P. Goehringer called the meeting to order. I. RESOLUTIONS/OTHER ACTION: A. RESOLUTION: SEQRA declarations/Type II: Motion was made by Chairman Goehringer, seconded by Member Collins, to confirm Type II Declarations for the following applications: Appl. No. 4863—THOMAS J. and PATRICIA MONAHAN Appl. No. 4866— NORMA MILLER Appl. No.4867— STANLEY DROSKOSKI Appl. No. 4873— PETER RUGG and MEDEDITH P. RUGG Appl. No. 4872 — LISTA CANNON Appl. No. 4865 - TANAS TSATSOS Appl. No. 4868 — B. SHINN/SHINN VINEYARD, LLC Appl No. 4875 — LESLIE GAZZOLA Appl. No. 4871 —JOHN ZOUMAS Appl. No. 4877— KENNETH ROBINS Appl. No. 4878 —WILLIAM S. KELLY Appl. No. 4864— MARTIN ROSEN. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). Page 2-Minutes Meeting held October 19, 2000 Southold Town Board of Appeals B. RESOLUTION: SEQRA Declaration/Unlisted Action: Motion was made by Chairman Goehringer, seconded by Member Tortora, to confirm the following Applications as Unlisted with Negative Declarations: Appl. No. 4862-SPRINT SPECTRUM, L.P Appl. No. 4880- L.I. HEAD START CHILD DEVELOPMENT SERVICES Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS: The Chairman proceeded with the following public hearings. Please see written Transcripts of Hearings for names of persons speaking and statements entered into the record: 6:37 - 6:47 p.m. Appl. No. 4863 -THOMAS J. and PATRICIA MONAHAN. This is a request for a Variance under Article XXIV, Section 100-244B, and Article XXIV, Section 100- 242A based on the Building Department's July 26, 2000 Notice of Disapproval regarding a building permit application for the reason that the project will increase the degree of nonconformance. Applicants are proposing a dwelling addition with a combined side yard of less than 25 feet and lot coverage exceeding the 20% code limitation. Location of Property: 26350 Main Road, Cutchogue; Parcel No. 1000-109-4-5. Mr. T. Monahan offered testimony in behalf of his application. (Please see written Transcript of hearing statements prepared separately for more information.) After receiving testimony, Chairman Goehringer offered a motion, seconded by Member Dinizio, to close the hearing. Vote of the Board: Ayes: All (5- 0). This Resolution was duly adopted. 6:47 p.m. HEARING CANCELED. Appl. No. 4866 submitted by NORMA MILLER was canceled pending Notice under Ch. 58 of the Town Code by applicant, and a copy of the C.O. for the dwelling which is a necessary document for Accessory B & B applications. Property Location: 1000-31-14-14 at East Marion. 6:48 p.m. Appl. No. 4867 -STANLEY DROSKOSKI. This is a request for a Variance under Article XXIV, Section 100-242A, based on the Building Department's March 28, 2000 Notice of Disapproval regarding applicant's request for a building permit. The reason for disapproval is that the proposed addition represents an increase of approximately 2% over the existing lot coverage, for a proposed deck-entry at the rear of the dwelling. 531 Sterling Place, Greenport; 1000-34-3-4. Mr. S. Droskoski offered testimony in behalf of his application. (Please see written Transcript of hearing statements prepared separately for more information.) DELIBERATIONS/DECISION: At the end of the hearing, the Board rendered a determination of approval, the original of which was filed with the Town Clerk. A Page 3-Minutes Meeting held October 19, 2000 Southold Town Board of Appeals PUBLIC HEARINGS, continued: copy of the Board Findings, Deliberation and Decision is attached and incorporated into this set of Minutes as though written in its entirety. 6:50 -7:23 p.m. Appl. No. 4873- PETER RUGG and MEDEDITH P. RUGG. This is a request for Variances under Article III, Sections 100-32 and 100-33, based on the Building Department's September 13, 2000 Notice of Disapproval to locate: (a) an accessory building in a front yard, and (b) a proposed garage addition with a front yard setback at less than 60 feet from the edge of right-of-way. Location of Property: Munnatawket Avenue, Fishers Island; 1000-006-03-8.2; also referred to as Lot 2 on the Edith Dillon Edson Map, filed in the Suffolk County Clerk's Office as File No. 9741. Patricia C. Moore, Esq. substituted for Stephen L. Ham III, Esq. and offered testimony concerning this application. Mr. P. Rugg also offered information regarding his application. Please see written Transcript of hearing prepared separately for more information. RESOLUTION: After receiving all testimony, Chairman Goehringer offered a motion to close (conclude) the hearing, seconded by Member Collins. Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted. RESOLUTION TO AMEND: Member Collins asked for a statement from counsel as to whether the right-of-way meets the definition of a street and if it's in the abutting owners' deeds. Chairman Goehringer offered a motion to amend the previous resolution, seconded by Member Homing, and to close the hearing subject to receiving an opinion of Attorney Moore, after her research, as to whether the easements meet the definition of a street and whether they are on a filed plat or map. Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted. 7:23 - 7:30 p.m. Appl. No. 4872 - LISTA CANNON. This is a request for a Variance under Article XXIV, Section 100-244, based on the Building Department's September 11, 2000 Notice of Disapproval to locate a proposed addition to the existing dwelling with a front yard setback at less than 35 feet. Location of Property: 1050 Arshamomaque Avenue at intersection with Orchard Street, Beixedon Estates, Southold; County Parcel No. 1000-66-2- 27. Charles Cuddy, Attorney for the applicant, and Meryl Kramer, Architect for the applicant, both offered testimony in behalf of the applicant. (Please see written Transcript of hearing for details prepared separately.) After receiving testimony, Chairman Goehringer offered a motion, seconded by Member Dinizio, to close the hearing. Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted. DELIBERATIONS/DECISION: At this time the Board adopted Findings, Deliberations and Determination regarding Appl. No. 4872 - L. Cannon. The original was filed with the Page 4—Minutes Meeting held October 19, 2000 Southold Town Board of Appeals l Office of the Town Clerk, and a copy is attached and incorporated into this set of Minutes as though written in its entirety. PUBLIC HEARINGS, continued: 7:30 — 7:41 p.m. Appl. No. 4865 - TANAS TSATSOS. This is a request for a Waiver of Merger under Article II, Section 100-26 concerning lots shown on the Map of Eastern Shores, Section V, filed in the Suffolk County Clerk's Office on December 31, 1968 as File No. 5234. This Waiver of Merger is based on the July 26, 2000 Building Department's Notice of Disapproval determining that, under Article II, Section 100-25, Eastern Shores Subdivision Lot No. 133, shown as the westerly portion of County Tax Lot 1000-33-2-24, and Eastern Shores Subdivision Lot No. 134, as the easterly portion of 1000-33-2-24, are merged as one lot. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership with the first lot at any time after July 1, 1983... until the total lot size conforms to the current bulk schedule requirements." Location of Property: 1565 Green Hill Lane and South Side of Sound Drive, Greenport. Mr. J. Fitzgerald or Proper-T Services, Inc. offered testimony in behalf of the applicant. (Please see written Transcript of hearing prepared separately for details.) After receiving testimony, Chairman Goehringer offered a motion, seconded by Member Dinizio, to close the hearing. Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted. 7:41 — 8:09 p.m. Appl. No. 4871 —JOHN ZOUMAS (Owner: Vera Doroski). This is a request for a Variance under Art. XXIV, Sec. 100-244 based on the 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. 455 Beebe Drive, Cutchogue; 1000-97-7- 14. Mr. Zoumas was present regarding his application. Opposing the application was Bill Milner of 500 Beebe Drive and other neighbors. Please see written Transcript of hearing prepared separately for details. After receiving all testimony and information, Chairman Goehringer offered a motion to recess this hearing for a continuation on November 16, 2000. Vote of the Board: Ayes: All (5-0). This Resolution was duly adopted. 8:09—8:10 p.m. Appl. No. 4868— B. SHINN/SHINN VINEYARD, LLC. Variance under Art. III, Sec. 100-31A.1 based on the July 21, 2000 Notice of Disapproval of an application to alter an agricultural building by adding a shower facility. The reason for disapproval is that "the design and presence of a full bath within the structure constitutes a second dwelling unit on the parcel, at 2000 Oregon Rd, Mattituck; 1000-100-4-3. Mrs. Barbara Shinn offered information regarding her application. Please see written Transcript of hearing prepared separately for details. After receiving all testimony and information, Chairman Goehringer offered a motion, seconded by Member Dinizio, and duly carried, to close the hearing. Vote of the Board: Ayes: All (570). The hearing concluded. Page 5-Minutes Meeting held October 19, 2000 Southold Town Board of Appeals DELIBERATIONS/DECISION: After the close of the hearing, the Board rendered its determination, the original of which has been filed with the Town Clerk's Office. A copy of the official action of the Board is attached and incorporated into this set of Minutes as though fully written in its entirety. 8:10-8:25 p.m. The Chairman called a short recess. A short break was taken. 8:18 p.m. Member Horning was excused to return to Fishers Island. 8:25 p.m. Motion was offered by Chairman Goehringer, seconded by Member Collins, and duly carried, to,reconvene the meeting. Vote of the Board: Ayes: All. 8:25 - 8:30 p.m. Appl No. 4875 - LESLIE GAZZOLA. Variance under Article III, Section 100-33A, based on the August 21, 2000 Notice of Disapproval of an application to locate an accessory building partly in a side yard. Location of Property: 495 Elizabeth Lane, Southold; Parcel 1000-78-5-2. Mr. L. Gazzola offered testimony in behalf of his application. Please see written Transcript of Hearing prepared separately for more information. After receiving all testimony and information, Chairman Goehringer offered a motion, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). (Member Horning was absent.) 8:30 p.m. Appl. No. 4878 - WILLIAM S. KELLY. Variance under Article III, Section 100-33A, based on the Building Department's September 22, 2000 Notice of Disapproval of an application for a one-family dwelling proposed at less than 50 feet from street front property lines. 1840 Brigantine Drive and Squarerigger Lane, Southold; CTM No. 1000-79- 4-24. Mr. W. Kelly offered testimony regarding his application. Opposition was received from Mr. J. Able. Please see written Transcript of Hearing prepared separately for more information. After receiving all testimony and information, Chairman Goehringer offered a motion, seconded by Member Collins, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). The next hearing was canceled by applicant(and Ch. 58 Notices were not sent by applicant). Applicant requests a postponement to next month (December 14, 2000). Appl. No. 4877 - KENNETH ROBINS. Variance under Art. III, Sec. 100-33A based on the August 21, 2000 Disapproval of an application for a second floor addition to existing accessory garage with a median height to collar ties as 19 feet, at 365 Pequash Ave, Cutchogue; 1000-103-7-29. 8:45-8:57 p.m. Appl. No. 4826-WILLIAM PENNEY/TIDY CAR. (Continued hearing from 8/18/0). Corner of C.R. 48 and Youngs Avenue, Southold, NY; 1000-55-5-2.2. Zone: B General Business. Mr. W. Penney offered testimony regarding his application. Please see written Transcript of hearing prepared separately for more information. After receiving all testimony and information, the Chairman offered a motion, seconded by Member Tortora, to Page 6—Minutes Meeting held October 19, 2000 Southold Town Board of Appeals recess the hearing for a continuation on December 14, 2000. Vote of the Board: Ayes: All (4-0). This Resolution was duly adopted. (Member Horning of Fishers Island was absent.) 8:57 — 10:19 p.m. Appl. No. 4837 — H. CASITY/M. MISTHOS. (Continued hearing from 9/14/00 and 8/10/00). Proposed swimming pool and hot tub at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 1900 Hyatt Road, Southold; Parcel 1000-50-1-3. Charles Cuddy, Esq. offered information regarding the applicants, Mr. and Mrs. Cashy, who were also present. Sworn in was Mark Schwartz, Architect. Opposing the application was Anthony B. Tohill, P.C., attorney for the abutting landowners, Mary Butz and Diane Ravitz. Other speakers were: Steve Mareska, Engineer, John Paciulli, Patrick Given. Please see written Transcript of hearing prepared separately for more information. After receiving all testimony and information, the Chairman offered a motion, seconded by Member Tortora, to recess the hearing for a continuation on December 7, 2000 at approximately 7:15 p.m. Vote of the Board: Ayes: All (4-0). This Resolution was duly adopted. (Member Horning of Fishers Island was absent.) HEARING POSTPONED. The.next hearing was postponed to November 16, 2000 as requested by applicant's attorneys: Appl. No. 4862—SPRINT SPECTRUM, L.P. (Owners: W. Baxter& ors.)—Variance under Art. III, Sec. 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: 415 Elijah's Lane, Mattituck; 1000- 108-4-11.3. Zone: Limited Business. HEARING CANCELED. The next hearing was canceled at applicant's attorney's request. Appl. No. 4864—MARTIN ROSEN. 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; 1000-141-3-44. Zone: LI Light Industrial. The reasons stated in the Disapproval are as follows: "Pursuant to Article XXVIII, 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 100-241 G; 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." Page 7-Minutes Meeting held October 19, 2000 Southold Town Board of Appeals Public Hearings, continued: 10:20 p.m. Appl. No. 4880 - L.I. HEAD START CHILD DEVELOPMENT SERVICES. INC. (formerly Church of the Open Door). This is a request for a Special Exception for Nursery School activities. A nursery school is listed as an authorized use in the Zoning Code under Article III, Section 100-31 B(4). The property is zoned R-80 Residential and is known as 1850 Main Bayview Road, Southold; Parcel No. 1000-75-4-28. Mr. Jean-Pierre Lardoux, A.I.A. and Linda Gates, Program Manager, both offered testimony in behalf of the applicant. Please see Transcript of Hearing prepared separately for more information. After receiving all testimony and information, the Chairman offered a motion, seconded by Member Collins, to close the hearing. Vote of the Board: Ayes: All (4-0). This Resolution was duly adopted. (Member Homing of Fishers Island was absent.) III. DELIBERATIONS/DECISION: A copy of the original official decision filed with the Office of the Town Clerk.is attached and incorporated into this set of Minutes as though written herein in its entirety: Approval with Conditions: Appl. No. 4880 - L.I. Head Start. IV. RESOLUTIONS/UPDATES/OTHER: A. CALENDAR FOR NOVEMBER 16, 2000: RESOLUTION: On motion offered by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to authorize advertisement of applications filed in complete form by October 12, 2000 to be held November 16, 2000. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, and Collins. (Member Horning of Fishers Island was absent.) B. The Chairman confirmed a tentative Special Meeting for Monday at approximately 5:30 p.m. for carryover agenda items from tonight's meeting. C. The Chairman confirmed a new review, Appl. No. 4874 (Wamback) withdrawn as requested by owner. V. EXECUTIVE SESSION (none held). &I ,, Page 8—Minutes Ay Meeting held October 19, 2000 Southold Town Board of Appeals * w Due to the late hour, the Chairman declared the meeting adjourned with a Special Meeting for carryover agency items and other business matters properly coming before the Board, to be held October 26, 2000. The Meeting was adjourned at 11:00 p.m. Respectfully submitted, X Pt6o� Linda Kowalski Secretary 1/31/01 Boar Decision ttach d: (4) rard . Goehringer, Chairman RECEIVED dv�� MAR 1 2001 �u2Cler i