HomeMy WebLinkAboutZBA-05/31/1989 SPEC J � ,
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Southold ' Town. Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516)765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. 14 T N U T E S
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
SPECIAL MEETING
WEDNESDAY, MAY 31, 1989
A Special Meeting was held by the Southold Town Board of
Appeals on WEDNESDAY, MAY 31, 1989 commencing at 7:30 o'clock
p.m. at the Southold ;Town Hall, Z.B.A. Office, Main Road,
Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Member
Charles Grigonis, Jr. ; and Member James Dinizio, Jr. (Absent as
agreed were: Member Serge J. Doyen of Fishers Island and Member
Joseph H. Sawicki. ) Also present was Board Secretary Linda
Kowalski.
The Chairman opened the meeting at 7 :30 p.m. and proceeded
with the first items on the agenda, and the following action was
taken:
JUNE HEARINGS CALENDAR: On motion by Mr. Goehringer,
seconded by Mr. Grigonis, it was
I . RESOLVED, to change - ' the date of the Hearings Calendar
for June 29, 1989, cancelling the June 15th meeting hall
reservation) ; {It was noted that the Meeting Hall was not
available for June 22nd. ) ; and it was further
II . RESOLVED, to authorize Board Secretary Linda Kowalski to
advertise Notice in the Long Island Traveler-Watchman, Inc. and -
the Suffolk Times, Inc. of the following applications for Public
Hearings to be held on June 29, 1989 commencing at 7:30 p.m:
A. Appl. No. 3838 - JOSEPH CAVANAGH and DAVID CICHANOWICZ
by Michael J. Hall. Proposed new dwelling with reduction from
northerly and southerly property lines in this R-40 Zone
District. Lot area is nonconforming at 8,417 sq. ft. (Yard
setbacks applicable under Section 100-244B for frontyard
setbacks at a minimum of 35 feet, sideyards at 10 and 15 feet,
and rear yard at 35 feet. ) Private Road off the north side of
Hickory Avenue, Southold.. Disapproval states Art. III, Section
106-31.
1
Southold Town Board of Appeals -2- May 31, 1989 Special Meeting
II. Hearings for June Calendar, continued:
B. Appl. No. 3840 - ESTATE OF JENNIE HARRIS by Wickham,
Wickham & Bressler,' P.C. Variances for approval of insufficient
area and width of two parcels proposed in this pending division
of land, with two existing dwellings. N/s C.R. 48, Cutchogue.
Zone: Light Industry. Disapproval states Art. III, Sec.
100-31. Should reflect LI Zone, Article XIV.
C. Appl. No. 3841 - GERARD. GAUGHRAN. Addition proposed
with insufficient rear yard. W/s Main Road, Southold. Zone
District: RO (Residential-Office) . Disapproval incorrectly
states Art. III, Section 100-31. Should be corrected to reflect
RO Zone, Article VII, Section 100-71 and 100-72.
D. Appl. No. 3844 - DR. AND MRS. IRA WECHTERMAN. Variance
for permission to construct deck within 75 feet of concrete
retaining wall and with reduction in the required rear yard
setback. 630 Oak St. , Cutchogue. (East Creek) . R-40 Zone.
Nonconforming lot area area at 8,350+- sq. ft.
E. Appl. No. 3845 - PHILEMON AND BARBARA DICKERSON.
Variance for permission to locate accessory building in an area
other than the required rear yard. . Art. III, Sec. 100-30A4.
Gina Street and Delmar Drive, Laurel.
F. Appl. No. 3813 - SHELDON HILLS as Trustee for Barterama
Corp. Employees Profit Sharing Trust. Variances requested to
reduce side yards to less than the required 20 and 25 feet, and
less than the total 45 feet for both side yards, on this 2+ acre
.vacant -parcel. Zone District: R-80. Location of Property:
Right-of-Way referred to as Private Road #11 (also referred to
as Aldrich Lane Extension) , extending off the north side of
Sound Avenue, Mattituck, NY; County Tax Map District 1000,
Section 112, Block 1, Lot 12; Southold Town Planning Board
.Approved Set-Off Map March 4, 1985 (Subject to receiving proof
. of notice to ownerof abutting right-of-way by advertising
deadline pursuant to Z.B.A. ' s recent letter. ) (OR may substitute
Appl. No. 3856 - MARION AND JOHN BOPP for deck addition to be
filed on June 2, 1989, if Sheldon Hills Matter is further
adjourned by applicant/attorney prior to advertising. )
G. Appl. No. 3848 - CINDY RUGGLES. Variance for
permission to construct deck addition with a reduced rear yard
setback to less than 35 feet. Zone District: R-40.
Nonconforming lot area is 13,120+- sq. ft. Property ID: W/s
Nakomis Road, Southold. 10.00-38-3-15.
Southold Town Board of Appeals -3- May 31, 1989 Special Meeting
II . Hearings for June Calendar, continued:
H. Appl. No. 3851 - ROBERT A. CELIC. Variance under
Article XXIV, Section 100-241 to change. present use to beauty
salon in this Light-Industry-Office Zone District. Property
ID: S/s S.R. 25, Greenport. (OR may substitute new application
expected next week by HAROLD AND HATTIE STETLER for accessory
building in side yard area at Wiggins Lane, Greenport, if
variance is withdrawn prior to advertising) .
I. Appl. No. 3808 - GUNTER MORCHEL. Variance for
insufficient rear yard setback at less than the required 35 feet
for an one-story 16 ft. addition, proposed for storage, and .
pursuant to the Notice of Disapproval of the Building Inspector
citing the Bulk Schedule requirements, previously Article VII,
Section 100-71, now re-designated Article X, Section 100-102.
Zone District: General Business (B) . Property ID: Corner of
S/s Main Road and E/s Sigsbee Road, Mat tituck. Nonconforming
lot area. of 9,961 sq. ft. (Board instructed that letter be sent
to the Building Inspector and the applicant indicating that the
Notice of Disapproval should be corrected to include excessive
lot coverage, etc. Amendment may then be made to application
by Mr. Morchel prior to our advertising this matter for public
hearing. )
J. Appl. No. 3850 - ROBERT GABRIEL. Variance for
permission to construct new dwelling upon Lot #1, Subdivision
"Map of Richard J. Cron," County Clerk Map No. 7975, filed
9-30-85, said lot having an insufficient width at the proposed
building setback line. Property Location: W/s Aldrich Lane,
Laurel; 1000-125-2-1.1.4.
K. Appl. No. 3847 - REV. JOHN EDLER. Variance for
permission to locate 24 ft. by 24 ft. accessory private garage
in the front yard area, not to .exceed a total height of 18 feet
from ground level, to be used accessory and incidental to the
existing residence. Location of property: Marion Manor
Subdivision Lot No.. 4; S/s Cleaves Point Road, East Marion.;
1000-38-2-32.
L. Appl. No. 3843 - ADAM ASSOCIATES by Lynne M. Gordon,
Esq. Variance for approval of area of Lot #4 (zoned LB) in
this pending four-lot minor subdivision. Remaining three lots
will conform to the minimum requirement for the R-80 Zone
District. Art. VIII, Sec. 100-82. N/s C.R. 48, Mattituck.
Southold Town Board of Appeals -4- May 31, 1989 Special Meeting
(Calendar. of Hearings for June,. continued: ) .
M. Appl. No. 3846 - CHESTER AND JOYCE SKWARA. Variances
for approval of insufficient area of proposed Parcels #1 and 2
in this pending division of land. Zone District: R-80. Total
acreage: 1.767 acres. Location of Property: N/s Wells Road,
Peconic. 1000-86-1-14.
N. Appl. No. 3855 - BARBARA BRUCH. Variance for
permission to locate new dwelling with deck within 75 feet of
bulkhead. Zone District: R-40. Nonconforming lot area is
9,796 sq. ft. Property location: 80 Beverly Road, Southold
( subject to. receiving Soil and Water Conservation District-
response from Z.B.A. referral by hearing date) .
O. Appl. No. 3797 - F.I. UTILITY CO. as a matter of
formality to accept documentation submitted to date and render
decision. Written portion of first hearing was held January 12,
1989. (Property is one of two R-80 parcels which are located in
between two R-40 Zone District boundaries on the new Master Plan
maps. )
Vote of. the Board: Ayes: Messrs. Goehringer, Grigonis. and
Dinizio. (Members Doyen and Sawicki were absent. ) This
resolution was duly adopted.
III. Resolution confirming the, following matters for Public
Hearings on the Board's following calendar (expected on or
before August 3 , 1989) :
A. Appl. No. 3827 - EDWIN KINSCHERF. Variance for
permission to re-separate three parcels containing insufficient
area, width and depth in this R-40 Zone District, which as of
the time of probate of Will of Doris Kinscherf, a merger was
created. Wood Lane and Inlet Lane; Greenport. Marie Ongioni,
Esq. (Postponement requested by attorney for applicant due to
conflict of meeting. )
B. Appl. No.. 3849 - CIPITELLI BROS. REALTY. Variance
for permission to construct new dwelling, inground swimmingpool,
decks and fence enclosure within 100 feet of the L.I. Sound
bluff . Property location: N/s Petty's Drive, Orient.
1000-14-2-24.
Southold Town Board of Appeals -5- May 31, 1989 Special Meeting
III. Resolution confirming the following matters on Hearings
Calendar (expected on or before August 3, 1989) :
C. Appl, No. 3798 - ELIZABETH F. McCANCE. Variances
for approval of insufficient area of four parcels in this
pending subdivision, retaining one (existing) single-family
dwelling for each parcel, and insufficient lot width of proposed
Lot #4 along Cottage Place. Zone District: R-80. Property
ID: Fox Avenue and Cottage Place, Fishers Island, NY; CTM
#1000-6-5-3, 5., 12 (incl. 5.1) .
D. Appl. No. 3852 - RICHARD DiBLASI. Variance for
permission to construct open deck addition with an insufficient
front yard setback. Property location: 360 Bayview Drive, East
Marion. Zone District: R-40. Nonconforming lot area is 14,375
sq. ft.
E. Appl. No. 3853- - ELLIOT PASKOFF. Variances for:
(a) approval of extension of deck into the sideyard at less than
the required 15 ft. minimum under the new zoning code (at less
than the required. 10 ft. under the previous zoning code) ;
(b) approval of height of trellis structure at 9 ft. - if it is
determined same is a .fence under the height regulations.
Property location: 205 North Sea. Drive, Southold; 1000-54-4-4.
Zone District: R-40. Nonconforming lot area is 30,116 sq. ft.
F. Appl. No. 3854 - NANCY STEIN.- Variance for
permission to construct deck within. 75 feet of bulkhead. 2535
Cedar Lane, East Marion. Zone District: R-40. ' Nonconforming
lot area is 12,900+- sq. ft.
G. RESERVED FOR Appl. No. 3834 - FRANK CURRAN. Pool
with reduced setbacks and. excessive lot coverage. 780 Haywaters
Road, Cutchogue. , Await direction from applicant's agent/DEC.
H. RESERVED FOR Appl. No. 38.42 - CRESCENT BEACH
CONDO. ASSN. Variance to lift prior Variance Condition
restriction on enclosing decks. East End Maple Lane, East
Marion. Await maps with setbacks from macadam road to front of
principal structures.
Southold Town Board of Appeals -6- May 31, 1989 Special Meeting
IV. MISCELLANEOUS:
A. PORT OF EGYPT ENTERPRISES, INC. Property location°
S/s Main Road, Southold. Z.B.A. Jurisdiction: Setbacks from
existing bulkhead, easterly and northerly property lines. Maps
modified to include parking for 100 cars also along N/s Main
Road, opposite marina. Site plan and building maps were
received yesterday from Mr. Merlon Wiggin as agent for the
property owner and reviewed at this time. It. was the consensus
of the Board Members to confirm this Board' s concerns, to the
Planning Board as lead agency for this project, coordinated in
accordance with the requirements of SEQRA:
1. Description and evaluation of methods. for
retaining stormwater runoff, (which of course shall not be
transported into the waterways) ;
2. Description and evaluation of activities, in
conjunction with principal storage use, to be conducted in the
building and the immediate area;
3. Evaluation and location of proposed drains in the
building (if any) , as well as outside the building, to retain
fluids and excess materials, i.e. oil, gas, fiberglass.
It is also noted that clarification has been received from
Mr. Wiggin concerning their proposal to discontinue outside
storage of boats in the event the proposed storage building is
approved.
B. CODE COMMITTEE MEETING DATES were confirmed as follows:
Wednesday, June 7 at 7:30 p.m. - Conference Room
(Agenda Attached)
Thursday, June 8 at 4:00 p.m. - Conference Room
(Marine Districts) .
C. APPROVAL OF MINUTES: On motion by Mr. Goehringer,
seconded by Mr. Dinizio, it was
RESOLVED, to APPROVE the Minutes of the following Board of
Appeals Meetings:
1. Minutes of April 27, 1989 Spec. Meeting Pp. 1-34
2. Minutes of March 9, 1989 Regular Mtg. Pp. 1-23
3. Minutes of April 13, 1989 Regular Mtg. Pp. 1-32.
Southold Town Board of Appeals -7- May .31, 1989 Special Meeting
280-A EVALUATION: Appl. No. 3813 - Matter of SHELDON HILLS
as Trustee for Barterama Corp. Employees Profit Sharing Trust.
(Prior 280-a conditions under Appl. No. 3184 rendered April 19,
1984 are still in effect. ) The Board Members noted the
right-of-way is in poor condition due to potholes and.
depressions. The Board Members agreed that a letter be sent to
Thomas Pantelis, Esq. as Attorney for the Applicant indicating
that the right-of-way will need to be upgraded in the following
manner (pursuant to New York Town Law 280-a and prior
application under No. 3184 involving access to these
premises) :
All potholes and depressions shall be filled with
medium-size gravel (mixed with sand) for the entire
length and existing width.
REQUEST FOR, REEVALUATION: The Board Members discussed the
recent resolution by Councilman George Penny on May 23, 1989
concerning the Towns Labor Management Policy for advancement
within the Civil Service System which states under No. 2 that:
112. If an employee passes a higher test, with the
recommendation of the department head, the Town Board will
consider the new position."
Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, to
recommend and urge the Town Board to consider a new title,
pursuant to its policy, and grant either a higher title or
supplemental title to the only fulltime employee in the
Department of Zoning Appeals (Board Assistant Linda Kowalski)
immediately. It was noted that although this matter was
requested and the Board Members have met with the Town Board on
several occasions supporting this change, the same request is
reiterated at this time under the "Labor Management Policy"
.under the Town Board reaffirmed on May 23, 1989.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and
Dinizio. (Members Sawicki and Doyen were absent but
acknowledged their support for the record. ) This resolution was
duly adopted.
Southold Town Board of Appeals -8- May 31, 1989 Special Meeting
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting adjourned
at 9: 00 o' clock p.m.
Respectfully submitted,
finda
Board Secretary
Southold Town Board of Appeals
pproved - June 1 8 RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK.
DATE aa�� HOUR ( I40 4
Town Clerk, Town of Southold