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Home My WebLink AboutZBA-02/21/2002 � t APPEALS BOARD MEMBERS SVFFO�� Southold l Gerard P. Goehringer, Chairman i`Z��0 COG'y 53095Main Road Lydia A. Tortora CO P.O. Box 1179 George Horning • Southold,New York 11971-0959 Ruth D. Oliva y O� ZBA Fax(631)765-9064 Vincent Orlando �01 �►a Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, FEBRUARY 21, 2002 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, February 21, 2002, commencing at 6:35 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member George Horning, Member Ruth D. Oliva, Member Vincent Orlando, Member Paula Quinberi, Recording Secretary 6:35 p.m. Chairman Gerard P. Goehringer called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL QUALITY (SEQRA): Motion was offered by Chairman Goehringer, seconded by Member Tortora, declaring the following environmental declarations: Type 11 Declarations (No further steps under State Law): Appl. No. 5059 -JOSEPH AND BETH CASTRONOVO. Setback. Appl. No. 5062 -JOHN&ANNEMARIE CURTIN. Setbacks. Appl. No. 5063 -VICTOR RUTKOWSKI. Setback. Appl. No. 5055 -VINCENT ONEILL. Setback. Appl. No. 5067—CHRIS and IRENE VITTI. Setback. Appl. No. 5070—ART SAFALOW. Garage yard location. Appl.No. 5057-DAVID &TRISH HOWE. Setback. Appl.No. 5065 -PETER&MARIA NICOVIC. Setback Appl..No. 5066—POSILLICO CONSTRUCTION. Garage location. Appl. No. 5069—HOLLY VESCOVI. Setback of oversized chimney. Appl.No. 5054 -JOHN &PATRICIA STACK. Setback. Appl. No. 5056 -GEORGE S. CAMBOURAKIS. Setback. Appl. No. 5064 -MARY LEONARDI. Setback. Page 2—Minutes February 21,2002 Regular Meeting Southold Town Board of Appeals Unlisted Declarations with Negative Effect on the Environment: Appl. No. 5060 -R&R BRAMSON. Dwelling total height. Appl. No. 5058 -PETER&VAL LEONIAK. Lot size and garage location. II. PUBLIC HEARINGS: (See written Transcript of Hearings prepared separately for statements and discussions during the hearings.) All of the following hearings will held and concluded, except as noted below: 6:43 p.m. Appl.No. 5063 VICTOR RUTKOWSKI. This is a request for a Variance under Zoning Code Section 100-244B based on the Building Inspector's November 30, 2001 Notice of Disapproval. The applicant proposes an addition to the existing dwelling with a front yard setback of less than 40 feet. Location of Property: 340 Theresa Drive, Mattituck; Parcel 1000-115-13-22. 6:48 p.m. Appl. No. 5055 -VINCENT ONEILL—This is a request for a Variance under Zoning Code Section 100-244B based on the Building Inspector's May 1, 2001 Notice of Disapproval. The applicant is requesting approval of the location of an existing (deck) addition with a side yard setback of less than 15 feet. Location of Property: 3500 Cox Neck Road, Mattituck; Parcel 1000-113-8-1. 6:58 p.m. Appl. No. 5067 — CHRISTOPHER and IRENE VITTI. This is a request for a Variance under Zoning Code Section 100-30A.3 based on the Building Inspector's December 4, 2001 Notice of Disapproval. The applicant proposes additions and alterations to the existing dwelling with a rear yard setback of less than 50 feet. Location of Property: 11805 Soundview Avenue, Southold; 1000-54-5-45.9. 7:15 p.m. Appl. No. 5070 — ART SAFALOW. This is a request for a Variance under Zoning Code Section 100-33 based on the Building Inspector's December 21, 2001 Notice of Disapproval. The applicant proposes to locate a garage partly in the front and side yards, rather than a rear yard. Location of Property: 737 Old Wood Path, Southold; 87-1-23.4. 7:26 p.m. Appl. No. 5062 - JOHN & ANNEMARIE CURTIN. This is a request for a Variance under the Zoning Code, Section 100-244B, based on the Building Inspector's November 27, 2001 Notice of Disapproval. The applicants propose additions and alterations to dwelling with a setback at less than 35 feet from the front property line. Location of Property: 745 East Road, Cutchogue; 1000-110-06-13. Thomas Heine,Architect appeared in behalf of the applicants. 7:58 p.m. Appl. No. 5057 - DAVID & TRISH HOWE. This is a request for a Variance under Zoning Code Section 100-242A based on the Building Inspector's November 16, 2001 Notice of Disapproval. The applicant proposes an addition and alterations to the existing dwelling with a front yard setback of less than 40 feet. Location of Property: 90 West Dr., Cutchogue; 1000-110-5-45. Garrett Strang,Architect appeared in behalf of the applicants. Page I-Minutes 1 February 21,2002 Regular Meeting Southold Town Board of Appeals H. PUBLIC HEARINGS, continued. (See written Transcript of Hearings prepared separately for statements and discussions during the hearings.) The following hearings will held and concluded, except as noted below: 8:08 p.m. Appl. No. 5059 - JOSEPH AND BETH CASTRONOVO. This is a request for a Variance under the Zoning Code, Section 100-244,based on the Building Inspector's October 25, 2001 Notice of Disapproval. The applicants propose a second-story addition to the existing dwelling with a setback at less than 10 feet on one side(with a 23 ft.total for both side yards) and setback at less than 35 feet from the front property line.Location of Property: 250 Wesland Road, Southold; 1000-59-2-20. Cannella Associates, Arch. appeared and offered testimony in behalf of the applicant. 8:11 p.m. Appl. No. 5065 - PETER & MARIA NICOVIC. This is a request for a Variance under Zoning Code Section 100-33 based on the Building Inspector's August 16, 2001 Notice of Disapproval, for approval of the existing location of an as built deck, near the existing deck. The new deck is considered an accessory structure, which is located partly in an area other than the required rear yard. Location of Property: 505 Miriam Rd., Mattituck; 1000-99-1-35.1. William Amato, agent appeared in support of the application. Abigail Wickham, Esq. appeared (in opposition) requesting a postponement for a continuation, in behalf of the immediate neighbor. After testimony was offered, the hearing was recessed until the March 21, 2002 meeting date. 8:48 p.m. Appl. No. 5066 — POSILLICO CONSTRUCTION. This is a request for a Variance under Zoning Code Section 100-33 based on the Building Inspector's December 7,2001 Notice of Disapproval. The applicant proposes to locate a garage in an area other than the required rear yard. Location of Property: 3040 Kerwin Boulevard, Greenport; 53-4-44.35. (Also see possible Amended Notice of Disapproval for change in yard identification due to modified location of new dwelling closer to the front line.) 9:14 p.m. Appl. No. 5069 —HOLLY VESCOVI. This is a request for a Variance under Zoning Code Section 100-33 based on the Building Inspector's Notice of Disapproval, concerning a portion of the existing chimney which extends into the 10 ft. side yard setback limitation. Location of Property: 370 Rocky Point Road, August Acres, Section I, Lot 33, in East Marion; 31-2-24. Lynch Homes,builder. 9:16 p.m. Appl. No. 5054 - JOHN & PATRICIA STACK. This is a request for a Variance under Zoning Code Section 100-33 based on the Building Inspector's August 14, 2001 Notice of Disapproval. Applicants propose to relocate an accessory structure (shed) to a front yard area. This property has two front yards and two side yard designations. Section 100-33 requires a rear yard location. Location of Property: 7650 Nassau Pt.Rd., Cutchogue; 118-3-4.1. Page 4—Minutes February 21, 2002 Regular Meeting Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: (See written Transcript of Hearings prepared separately for statements and discussions during the hearings.) The following hearings will held and concluded, except as noted below: 9:24 p.m. Appl. No. 5056 -GEORGE S. CAMBOURAKIS. This is a request for a Variance under Zoning Code Section 100-244 based on the November 16, 2001 Notice of Disapproval. The applicant proposes an additions and alterations to the existing dwelling with a front yard setback of less than 40 feet at 200 Cedar Drive, East Marion; 22-1-3 and 4. 9:26 p.m. Appl. No. 5060 — RUTH ANN BRAMSON. This is a request for a Variance under Zoning Code Section 100-30A.3 based on the Building Inspector's December 7, 2001 Notice of Disapproval. The applicant proposes additions and alterations to the existing dwelling, and the building permit application was disapproved for the reason that the height is three stories instead of the Code limitation of 2-%z stories. Location of Property: 12042 Main Road, East Marion; 31-14-4.5. Patricia Moore, Esq appeared and offered testimony in behalf of the applicant. 9:43 p.m. Appl. No. 5058 - PETER & VAL LEONIAK — Area variances 1)lot sizes, 2) garage location. This is a request for Variances under Zoning Code Sections 100-30A.3 and 100- 31, based on the Building Inspector's November 29, 2001 Amended Notice of Disapproval. The applicant proposes Parcels 1 and 2, each with less than 40,000 sq. ft. in size. Parcel #1 will also contain less than 125 ft. of lot width (frontage), and includes the existing accessory garage on a lot, presently vacant and without a principal use. Location of Property: 2040 Pine Tree Road, Cutchogue; 98-1-15, 16 and 17 (approx. 1.5 acres as exists). William Goggins, Esq. appeared in support of the application with Val Leoniak. Appearing in opposing was Abigail Wickham, Esq. representing Thomas Cottral, owner of property across the street. After testimony was offered, the hearing was recessed for a continuation and more information, to be held at the March 28, 2002 meeting at approximately 7:45 p.m. 9:57— 10:07 pm. Appl. No. 5064 -MARY LEONARDI. This is a request for a Variance under Zoning Code Section 100-244B based on the Building Inspector's December 5, 2001 Notice of Disapproval. The applicant proposes a new dwelling with a rear yard setback at less than fifty (50) feet. Location of Property: 1285 Reydon Dr., Southold; 80-2-15.1. Proper-T Services, Inc. appeared and offered testimony in behalf of the applicant. End of public hearings. III. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following four (4) determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Page 5—Minutes February 21, 2002 Regular Meeting Southold Town Board of Appeals Conditional Approvals: Appl.No. 5053 —A. and J. Allesi Appl.No. 5037 -K. and K. Leavy Appl. No. 5063 —V. Rutkoski. IV. RESOLUTIONS/UPDATES/OTHER: Motion was offered by Chairman Goehringer, seconded by Member Horning, and duly carried, to authorize advertisement of new applications (those filed in complete form as of advertising deadline), for the following meetings: (A) February 28, 2002 public hearings as follows: 6:45 p.m. (Carryover from January Hearing)-Appl.No. 5034—RUST FAMILY PARTNERSHIP. Interpretation and/or Relief for Addition with setback variances from front lot line and bulkhead,at 4680 Wunneweta Road, Cutchogue; 111-14-34. 7:15 p.m. Appl. No. 4927—KACE LI, INC. (Carryover from January 24, 2002.)This is an Appeal requesting Reversal of the Building Inspector's Notice of Disapproval dated August 13, 2001,which disapproval denied an application for a building permit for two-family dwellings under Article IV, Section 100-42A.2. The reason stated in the Notice of Disapproval is that the proposed project indicates several two-family dwellings on a single parcel, and that the Code allows only one such structure per lot as a permitted use. Zone District: Hamlet-Density(HD). Location of Property: South Side of North Road or C.R. 48, 500+-feet east of Chapel Lane, Greenport; Parcel 40-3-1,now or formerly referred to as "Northwind Village"site. 7:45 p.m. Appl. No. 5051 — CLIFF AND PHIL'S LOBSTER HOUSE/RESTAURANT. Based on the Building Department's Notice of Disapproval issued November 13, 2001, amended November 14, 2001, applicant is requesting: (a) an Interpretation under Article XXIV, Section 100-243 to Reverse the Building Department's determination which stated that the proposed addition/alteration to an existing restaurant establishment is not a permitted use in the residential R-40 District, or alternatively a Variance under Section 100-243A authorizing the proposed addition to the existing restaurant, a nonconforming use in a nonconforming building; and (b) a Variance under Section 100-244B to locate the proposed addition maintaining the same nonconforming setback at less than 35 feet from the front property line; and (b) a Variance under Section 100-244B for a total lot coverage in excess of the code limitation of twenty (20) percent of the total lot area. Zone District: R-40 Residential. Location of Property: Corner of the East Side of Kenney's Road and the south side of North Sea Drive, Southold; County Tax Map Parcel 1000-54-5-22. George Tsunis, Esq.;and (B) Public hearings for applications filed through Appl. 45080,to be held during Regular Meeting of March 21, 2002. Page 6-Minutes February 21,2002 Regular Meeting Southold Town Board of Appeals Vote of the Board: Ayes: Members Goehringer(Chairman),Tortora,Horning, Orlando and Oliva. This Resolution was duly adopted(5-0). B. Members briefly discussed scheduled inspections regarding Assigned Files pending and filed in complete form. C. (From Agenda Item II) APPL No. 4962—ROGER WALZ. Members briefly discussed this application. Motion was offered by Member Tortora, seconded by Chairman Goehringer,to RESOLVED, that the hearing(Appl.No.4962)be reopened and scheduled for March 28, 2002,with all notices as required under Chapter 58 to be provided by the applicant; and BE IT FURTHER RESOLVED,that the applicant furnish a letter in detail explaining the grounds for a reopening of the hearing. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Horning, Orlando and Oliva. This Resolution was duly adopted(5-0). D. (From Agenda Item II). Appl. No. 5026 — INLAND HOMES, INC. (KAVANAGH). The Chairman removed this item from the agenda at 8:30 p.m. E. (From Agenda Item II). Appl. No. 4998 — ELIZABETH SENTELL. Board Members indicated that there appeared to be a consensus for possible approval with conditions at the March 28, 2002. The Secretary was authorized by the Board to convey this to the applicant's architect, Garrett Strang. V. EXECUTIVE SESSION(none held). Brief work reviews of pending files and general discussions by Board Members followed. No action was taken. r Pagel 2—Minutes February 21, 2002 Regular Meeting Southold Town Board of Appeals There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting was adjourned at approximately 11:00 pm. Respectfully submitted, nda�owaNkie"'J't-"t ecre A ents: Ca ecisio (3) Appr d- rard P. Goehringef, CbairmayV CID AND `1 SC U-IT'L LLD TOWN -dd�'Ifk DST Town CIPrk,,._Toyv f of--Southo—Id.--