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HomeMy WebLinkAboutZBA-06/20/2002 APPEALS BOARD MEMBERS OSVFFU(/►C ��► QG Southold Town Hall Gerard P. Goehringer,Chairman �� y� 53095 Main Road Lydia A.Tortora y Z P.O.Box 1179 • George Horning - Southold,New York 11971-0959 Ruth D. Oliva �l' �!� ZBA Fax(631)765-9064 Vincent Orlando �01 �� Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES THURSDAY, JUNE 20, 2002 REGULAR MEETING A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, at 6:30 p.m. on Thursday, June 20, 2002. Present were: Gerard P. Goehringer, Chairman/Member Lydia A. Tortora, Member George Horning, Member Ruth D. Oliva, Member Vincent Orlando, Member Linda Kowalski, Secretary of the Board 6:33 p.m. Chairman Gerard P. Goehringer called the meeting to order. AGENDA ITEM I: The Board proceeded with the following: I. STATE ENVIRONMENTAL QUALITY REVIEWS/DETERMINATIONS (SEQRA): Motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to declare the following actions under SEQRA: Type/1 Declarations (No further steps under State Law): Appl. No. 5135. Michael and Kathy Perivolaris. Porch setback. Appl. No. 5132. Jose and Ivonne Hernandez. Accessory garage location. Appl. No. 5130. Clifford and Regan Batuello. Accessory swimming pool location. Appl. No. 5131. John C. and Margaret Biggane. Tennis court setback. Appl. No. 5133(A)..Peter and Mary Jacques. Lot area variance for two principal uses. Appl. No. 5118. Donna M. Cook. Addition setbacks. Appl. No. 5126. John and Sarah Miller. Addition setback. Appl. No. 5125. J. and E. Brittman. Addition/setbacks. Appl. No. 5124. Helen Sakatos a/k/a Eleni. Waiver to Unmerge. Appl. No. 5123. Michael and Cathy Lehrhoff. Additions, for front and rear setbacks. Appl. No. 5127. Nextel (A. Junge). Accessory equipment shelter structure yard location. Appl. No. 5115. K. and P. Johnson. Accessory garage location. Appl. No. 5111. Esther J. Rotella. Accessory garage location. Page 2—Minutes Meeting held June 20, 2002 Southold Town Board of Appeals Appl. No. 5116. Clifford Polacek. Front yard and lot coverage for additions. Unlisted Declarations with Negative Effect on the Environment. Appl. No. 5117. Lucas Ford. Four signs which are not allowed by code. Appl. No. 5119. G. and M. Kokkinos. Special Exception for a second apartment. HB Zone. Appl. No. 5133(B)- Peter and Mary Jacques. Based on a disapproval by Building Department which states that a pool contractor business use is not permitted in this Hamlet Business District. II. PUBLIC HEARINGS: The Chairman opened each of the following hearings at the times as noted. Please see hearing record for discussions, prepared separately. 6:20 p.m. (No appearance by applicant until 9:15 p.m.) 9:15-9:21 p.m. Appl. No. 5135. Michael and Kathy Perivolaris. Request for a Variance under Section 100-244B, based on the Building Department's March 4, 2002 Notice of Disapproval to enclose an existing porch which has a front yard setback of less than 35 feet. 1155 Love Lane, Mattituck; 140.-1-20. Mrs. Catherine Mesiano appeared and spoke in support of the application. No objections were offered from anyone in the audience. After receiving testimony, the Chairman offered a motion, seconded by Member Orlando, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). 6:25-6:35 pm Appl. No. 5132. Jose and Ivonne Hernandez. Request for a Variance under Section 100-33, based on the Building Department's March 21, 2002 Notice of Disapproval to locate an accessory garage in an area other than a rear yard, at 22950 Main Road, Orient; 18.-5-10. Mr. And Mrs. Hernandez appeared and spoke in support of their application. The applicants confirmed no water is planned as a utility, however electric would be needed. They also confirmed the setback would not be closer than 10 feet from the rear and not closer than 30 feet on the north. No objections were offered from anyone in the audience. After receiving testimony, the Chairman offered a motion, seconded by Member Orlando, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). 6:35-6:40 pm Appl. No. 5130. Clifford and Regan Batuello. This is a request for a Variance under Section 100-33, based on the March 7, 2002 Notice of Disapproval to locate an accessory swimming pool in an area other than a rear yard, at 1725 Alvah's Lane, Cutchogue; 109-1-24.1. Mrs. Regan Batuello appeared and spoke in support of her application. No objections were offered from anyone in the audience. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). Page 3—Minutes Meeting held June 20, 2002 Southold Town Board of Appeals • PUBLIC HEARINGS: The Chairman opened each of the following hearings at the times as noted. Please see hearing record for discussions, prepared separately. 6:40-6:50 pm Appl. No. 5131. John C. and Margaret Biggane. Request for a Variance under Section 100-33C, based on the Building Department's January 25, 2002 Notice of Disapproval for a proposed tennis court at less than 60 feet from the front lot line when located in a front yard area. 8871 Oregon Road, Cutchogue; 83.-1-34. Jim Fitzgerald of Proper-T Services appeared and spoke in support of his application. No objections were offered from anyone in the audience. After receiving testimony, the Chairman offered a motion, seconded by Member Orlando, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). 6:50-7:07 pm Appl. No. 5133. Peter and Mary Jacques. Request for a Variance under the Bulk Schedule and Section 100-91, based on the Building Department's March 21, 2002 Notice of Disapproval which states that a pool contractor business use is not permitted in this Hamlet Business Zone District. Also noted in the disapproval is a code requirement under the Bulk Schedule of 20,000 sq. ft. of lot area for each use, and this lot contains 21,780 sq. ft. with two principal uses proposed, at 13000 Route 25 (Main Road), Mattituck; 114.-11-12. Mr. Peter Jacques appeared and spoke in support of his application. Mr. Jacques agreed that the pool contractor is no longer a prospective tenant, however he asked the Board if they could approve a use that is listed as a permitted use in this business zone. Board Members did not feel they could properly address a use without knowing more details regarding the activities of a future business, such as storage, truck and employees, and related questions. Mr. Jacques was asked to return after a tenant or proposed use was more certain. No objections were offered from anyone in the audience. After receiving testimony, the Chairman offered a Resolution to recess the hearing, without a new date, pending the requested information from the applicants. This Resolution was duly adopted (5-0). 7:07-7:18 pm and again 7:35 —7:38 pm. Appl. No. 5118. Donna M. Cook. Request for a Variance under Section 100-244B, based on the Building Department's March 3, 2002 Notice of Disapproval concerning the location of a new addition with insufficient front and side yard setbacks, at 6900 Main Bayview Road, Southold; 78.-6-8. Mrs. Donna Cook appeared and spoke in support of her application. No objections were offered from anyone in the audience. After receiving testimony, the Chairman offered a motion, seconded by Member Tortora and duly carried, to close the hearing. This Resolution was duly adopted (5-0). • Page 4—Minutes Meeting held June 20, 2002 Southold Town Board of Appeals • PUBLIC HEARINGS: The Chairman opened each of the following hearings at the times as noted. Please see hearing record for discussions, prepared separately. 7:18-7:25 pm Appl. No. 5126. John and Sarah Miller. Request for a Variance under Section 100-30A.3, based on the Building Department's March 8, 2002 Notice of Disapproval concerning proposed additions and alterations, for the reason that the front yard setback will not conform to the code requirement, at 1132 Bridge Lane, Cutchogue; Parcel 118.-1-18.4. Mr. John Miller appeared and spoke in support of his application. No objections were offered from anyone in the audience. After receiving,testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly.carried, to close the hearing. This Resolution was duly adopted (5-0). 7:25-7:29 pm Appl. No. 5125. J. and E. Brittman. Request for a Variance under Section 100-244B, based on the Building Department's March 6, 2002 Notice of Disapproval concerning proposed additions, for the reason that the front and rear setbacks will not conform to the code requirement, at 80 Glenn Road, Southold; 78.-2-10. Mrs. E. Brittman appeared and spoke in support of her application. Mrs. Brittman stated it was her belief the height of the additions would be 1-1/2 stories. No objections were offered from anyone in the audience. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). 7:29-7:38 pm Appl. No. 5124. Helen Sakatos a/k/a Eleni. Request for a Waiver to unmerge Lot 15-7-8 from 15-7-12, as provided under Section 100-26. The Building Department's January 2, 2002 Notice of Disapproval states that the two lots have merged under Section 100-25. 820 Plum Island Lane (and Three Waters Lane), Orient; 15.-7-8 and 12. David Worthington Olsen, Esq. appeared and spoke in support of the application. No objections were offered from anyone in the audience. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). 7:38-7:50 pm Appl. No. 5123. Michael and Cathy Lehrhoff. Request for a Variance under Section 100-242A, based on the Building Department's May 13, 2002 Notice of Disapproval concerning proposed additions, for the reason that the front and rear setbacks will not conform to the code requirement. 230 Wunneweta Road, Cutchogue; Parcel 104.-11-12.1. Amy Martin of Fairweather-Brown Design Associates appeared and spoke in support of the application, with Mr. And Mrs. Lehroff. No objections were offered from anyone in the audience. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). • Page 5—Minutes Meeting held June 20, 2002 Southold Town Board of Appeals • PUBLIC HEARINGS: The Chairman opened each of the following hearings at the times as noted. Please see hearing record for discussions, prepared separately: 7:50-7:52 pm Appl. No. 5119. G. and M. Kokkinos. This is a request for a Special Exception for a second apartment in the existing principal building, as provided by Section 100-91 B(4) of the Zoning Code, at 2575 Peconic Lane, Peconic; Parcel 74.-5-9.2. Zone District: Hamlet Business. Scott DeSimone, Esq. appeared and requested an adjournment while his request to the Town Board for a possible local law, for a code change. A motion was offered by Chairman Goehringer, seconded by Member Orlando, to adjourn and re-calendar this hearing to the September 19, 2002 calendar. This Resolution was duly adopted (5-0). 7:52-7:57, and 8:05-8:10 pm Appl. No. 5127. Nextel (A. Junge). This is a request for a Variance under Section 100-142 and 100-165C, based on the Building Department's Amended March 11, 2002 Notice of Disapproval, concerning the location of an accessory equipment shelter structure in this Light Industrial District. The equipment-shelter structure is proposed at less than 70 feet from the rear property line. 21855 C.R. 48 a/k/a Middle Road, Cutchogue; 96.-1-19.1. Jacqueline Caputi, Esq. and Mr. Soufiane Toury, RF Engineer, appeared and spoke in support of the application. Mrs. Laverne Taylor appeared with questions and concerns. After receiving testimony, the Chairman offered a motion, seconded by Member Orlando, and duly carried, recessing the hearing to the July 11, 2002 calendar, to allow time for Mrs. Taylor to obtain information. Attorney Caputi took Mrs. Taylor's telephone number as suggested by the Chairman. This Resolution was duly adopted (5-0). 7:58—8:05 pm Appl. No. 5115. K. and P. Johnson. This is a request for a Variance under Section 100-30A.4, based on the Building Department's March 4, 2002 Notice of Disapproval concerning the proposed location of an accessory garage in an area other than a rear yard. 2375 Harbor Lane at Eugene Heights, Cutchogue; 136.-1-19.3. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). This Resolution was duly adopted (5-0). 8:18-8:24 pm Appl. No. 5111. Esther J. Rotella. This is a request for a Variance under Section 100-33, based on the Building Department's February 7, 2002 Notice of Disapproval concerning applicant's request to locate an accessory garage in an area other than the required yard. Location of Property: 830 Poquatuck Lane, Orient; Parcel 27.-3-4.2. After receiving testimony, the Chairman offered a motion, seconded by Member Orlando, and duly carried, to close the hearing. This Resolution was duly adopted (5-0). PUBLIC HEARINGS: The Chairman opened each of the following hearings as noted below. Please see written Hearing Transcripts for discussions (or tape recordings as alterative), prepared separately: i Page 6—Minutes Meeting held June 20, 2002 Southold Town Board of Appeals • 8:24-8:28 pm Appl. No. 5116. Clifford Polacek. This is a request for a Variance under Section 100-242-A, and 100-244, based on the Building Departments May 6, 2002 Notice of Disapproval concerning proposed additions and alterations which will not conform to the front yard setback requirement and which exceeds the code limitation ofl20% lot coverage for all building area. 2905 Westphalia Road, Mattituck; 114.-10-21. Afters receiving testimony, the Chairman offered a motion, seconded by Member Horning, and duly carried, to close the hearing. This Resolution was duly adopted (5-0).. I 8:28-8:45 pm Appl. No. 5117. Lucas Ford. This is a request for Variances under Sections 100-205D, 100-205.1-C, and 100-206B, based on the Building Department's January 15, 2002 Notice of Disapproval concerning four ground signs which exceed the size requirement of the zoning code. Location of Property: 3245 Horton Lane, Southold; 59.-3-32.1. After receiving testimony, the Chairman offered a motion, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was duly adopted (5-I0). 8:45-9:06 pm Appl. No. 5058. Peter and Valerie Leoniak, et al. This is a request for Area variances under Sections 100-30A.3 and 100-31, based on the Building Department's November 29, 2001 Amended Notice of Disapproval. The applicants propose two parcels Parcels 1 and 2, each with less than 40,000 sq. ft.' in area; Parcel #1 will also contain less to than 125 ft. of lot width (frontage), and includes the existing accessory garage on the proposed lot (proposed at this time without a principal use). 2640 Pine Tree Road and Bittersweet Lane, Cutchogue; 98.-1-15, 16, 17. William C. Goggins, attorney for the applicants, appeared and spoke in support of the application. The application was recently amended to include new owners (Mrs. Kosmynka and Mrs. Ann Berger) as the new applicants, after recent deed conveyances of the land. Appearing against the application was Abigail Wickham, attorney for an adjacent property owner, Thomas Cottral. After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the verbatim portion of the record (hearing), pending a written reply from the Planning Board office within a reasonable time. This Resolution was duly adopted (5-0). 9:06-9:10 p.m. Appl. No. 5068 — Glenn and Christine Dawson.' (Continued hearing from June 6, 2002 calendar as agreed). 150 Broadwaters Road, Cutchogue; 104.-10-8. Stephen R. Angel, Esq. appeared and spoke in support of his application. Appearing against the appeal was Robert Cippitelli, attorney for Bruno Cipitelli, adjacent landowner. (Please see hearing record for discussions, prepared separately.) After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member TTortora, and duly carried, declaring the hearing (verbatim portion) of the record closed, allowing written submissions to be submitted until July 11, 2002. This Resolution was duly adopted (5-0). The Chairman confirmed the written portion of the record will be concluded on July 11, 2002. Page 7—Minutes Meeting held June 20, 2002 Southold Town Board of Appeals • PUBLIC HEARINGS: The Chairman opened each of the following hearings at the times as noted. Please see hearing record for discussions, prepared separately: 9:15 p.m. The first hearing regarding Michael Perivolaris was held at this time. (See minutes notations, page 2, supra.) 9:22 p.m. Appl. No. 5072 — Dr. J. Callis & others. (Continued hearing, carried from the March 21, 2002 Hearing Calendar). Stephen R. Angel, Esq. appeared and spoke in support of his application. Appearing against the appeal was the property owner, James Miller, and his attorney Harvey A. Arnoff. (Please see hearing record for discussions, prepared separately.) After receiving testimony, a motion was offered by Chairman Goehringer, seconded by Member Tortora, declaring the hearing (verbatim record), concluded, with written submissions accepted until July 11, 2002. Vote of the Board: Ayes: Members Goehringer, Tortora, Horning, and Oliva. (Member Orlando abstained.) The Chairman confirmed the written portion of the record will be concluded on July 11, 2002. End of hearings. III. DELIBERATIONS/DECISIONS on the followinq applications: The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached: Conditional Approvals: Appl. No. 5132—J. Hernandez Appl. No. 5131 —J. Biggane Appl. No. 5115—J. Johnson. Approvals: Appl. No. 5135— M. Perivolaris. Appl. No. 5130—C. Batuello. Appl. No. 5118—D. Cook. Appl. No. 5126—J. Miller. Appl. No. 5125—J. Brittman. Appl. No. 5124— Helen Sakatos. Appl. No. 5123—M. Lehrhoff. Appl. No. 5115—E. Rotella. Appl. No. 5116—C. Polacek. Other applications which are pending deliberations/decisions were carried over to the next meeting calendar. Page 8—Minutes Meeting held June 20, 2002 ` Southold Town Board of Appeals • IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. The next meeting was confirmed for the July 11, 2002 Special Meeting for carryover deliberations/decisions, and other applications, updated at that time. B. New Hearings/Regular Meeting Date were confirmed for the July 25, 2002 Regular Meeting. V. There was no Executive Session held, and this item was removed from the agenda by the Chairman. Brief reviews of pending files and general discussions by Board Members followed. There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting adjourned at 11:15 p.m. Respectfully submitted, 1inda Kowalski 7-25-02 Att ments: se eci ' s (1 ", pprov - Gerard P. G e ringer, Chairman Page 8—Minutes r Meeting held June 20, 2002 aV Southold Town Board of Appeals IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. The next meeting was confirmed for the July 11, 2002 Special Meeting for carryover deliberations/decisions, and other applications, updated at that time. B. New Hearings/Regular Meeting Date were confirmed for the July 25, 2002 Regular Meeting. V. There was no Executive Session held, and this item was removed from the agenda by the Chairman. Brief reviews of pending files and general discussions by Board Members followed. There being no other business properly coming before the Board at this time, . the Chairman declared the Meeting adjourned. The Meeting adjourned at 11:15 p.m. Respectfully submitted, inda Kowalski 7-25-02 AttgA6nts: se eci ' s (1 pprov - Gerard P. G e ringer, Chairman RECEIVED AND FILED BY THE SOUTIIOLD TOWN CLEf,K DATE �11(1° HOUR 11 � Town C-ler-7c, Town of ;'ou Lold •