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HomeMy WebLinkAboutZBA-10/23/2003~a~PPE'gJ~S BOARD MEMBERS Southold Town Halt G~rard P~. Goehringe~ ~. ~ 53095 Main Road Lydia A. Tort6r~~' '~ P.O. Box 1179 George Hornmg Southold, New York 11971-0959 Ruth D. Oliva, Chairwoman ZBA Fax (631) 765-9064 V'mcent Orlando Telephone (631) 765-1809 htrp:~/southoldtown.northfork.net '" BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, OCTOBER 23~ 2003 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southpld Town Hall, 53095 Main Read, Southo d; New York '1'1971-0959, on Thursday, October 23, 2003, commenCing at ~i 00 a.m Present were: Vincent Orlando, Vice and Acting Chairmen/Member Gerard P. Goehringer, Member George Horning, Member. Absent were: Ruth D. Oliva (out of state) Lydia A. Tortora (illness) 9:00 a.m. Acting Chairman Orlando called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTALQUALITY REVIEW DETERMINATIONS (SEQRA): Motion was made by Chairman Orlando, seconded by Member Goehringer, and duly carried, to confirm the following Negative Declarations with No Adverse Effect for the following projects as applied: Tvl~e II Actions (No further steps - setback/dimensional/lot waiver/accessory apartmentJbed and breakfast requests): Wffiiam and Mary DeBruin #$405. P. MeRes and L Callaghan #5413. A. and S; Waggoner #5410. J. Parker Wickham ~5403. J. Ann Pignato and Maria Regina #5415. Paul Sennet #5402. How~ird Meinke #5400. Priscilla Reilly #5404. Paul Stetz #540'1. Gerard and Karen Diffley #543~ Rita Jones #54~4. H. and D. Sutherland #5412. Michael and MaryEIlen Cirrito #54~7. The following applications were noted as pending receipt of Lead Aclencv Coordination: Stanley Malon #~5383 Oki-Do #5397 ~Page 2 - M[r~dt~s Regulai' Meeting - October 23, 2003 S0uth0id Town Board of Appeals Main Road Brokerage #5407. ~ot~ of the Board: Ayes: Members Orlando (Vice and Acting Chairman) Goehringer and Homing. Absent were: Charwoman OI va and Member Tort0ra.) Th s Resolut on was duly adopted (3-0). ~11. Ne deliberations or decisions on~ applications, heard and concluded at previous meetings ~:ommenced. :Carryoyer decis!ons Wem noted roi' agenda items for the next meeting when four o'r five memb~r.~ could be present (CoYne; Taggart, Magill, Comlss). ~111. PUBLIC HEARINGS. The following public hearings were held. Details of the statements durint~ the hearing re'cOrd are available separately.) 9:30 a.m.E, and. R. TriePe #5300 and #5308. The attorney for the applicant, Stephen L., Ham, Esq. submitted a leffer dated 10/21/03 requesting that ~he hearing be adjourned to Dec. 18~ at 9:30 a.m., pending a determination from the Building Department regarding the applicants' submission of amended Floor Plans during the 8/21/03 ZBA public hearing. 9:40 - f0:'15 a.m. Debra Victoroff #5334. (Carryover from 8/21 - I~endincl review bv Buildincl Department of '13r~Ol3osed Idcation Of accessorv 13oo1; also for Mr. T. Roslak. adiacent landowner, for time to consult counsel}. Applicant requests a Variance under Section f 00-244, based on the Building Department February 11, 2003 Notice of Disapproval; for a proposed dwelling at less than 35 feet from the front property line and less than 35 feet from the rear lot line at 445 and 505 Dogwood Lane Southold; CTM 54-5-55 & 29.1 (as one lot). Appear)ng were Jim ~Fitzgerald of Proper-T Services, Inc, and opposing attorney, Helen Rosenblum. It was agreed that th~hearing date ~/vould be after November 20th, although Mr. Fitzgerald preferred to have a November 20th hearin~ because he cou d guam.tee the wetlands information to be submitted in time. At this time the January 2004 meeting date was .not available, but the Board Members agreed to adopt a resolution setting a hearing date at the hext meeting. After ~:eceiv'ng testimony, motion was made by Acting Chairman Orlando, second, ed by Member Goehringer, and duly carrie~d, to adjqurn the hearing, with a Resolution to be adopted at the November 6, 2003[iforr the new iadjoutned hearing date° pending receipt of information or wetlands permit from the Town Trustees re~garding the r jurisdiction. 10:16 al.re, Daniel Den~ #5221 (Carryover reeuest from 9/25 for Ch. 58 notices and attendance by aeplicanfl. This s ? .r~e~t for a Variance under Section '[00-30A.4 based on the Building Department's August 22~ 2002 Notice of D~is~l~proval, tO locate a p~'oposed accessory swimming pool ~n an area other than a reqmred real' yard, at 2?5 M~jbr'~ iS~th, Southold; 54-1-26.1. There was no attendance in behalf of the applicant or compliance with Ch. 58 hot~ces for ce~ified mailings or posting of sign by the applicant. Under the circumstances, thelhearing was def~cfiye, and a motion was offered by Member Goehringer, seconded by Member Homing, and ddly carried, to adj6urh ~he hearing without a date. This Resolution was duly adopted 3-0. 10:17 a.m. Linda Fasbach~ #5375 1Carryover from 8/21 for ~3ossible alternative 131ans or other 'ul0date from ap~lic~Jnt~.~ Based on the Buiiding De~partment's May 12 2003 Notice of Disapproval applicant requests Variances under Sections 100;239.~ 100-242A, an~ 100-244, for: (t) addition to an existing dwelling with total[side yards at les~ th~n ~ feet, (2) 'as but' deck add t on at ess than 75 feet from the bu kh~ad (3) ot coverag~ n excess of the code m tat on of 20 % of the ot s~ze, at 2905 Bay Shore Road, Greenport; 53-6-4. Richard Lark, Esq. appeared with t~e applicant's architect, confirming the October 16, 2003 amended Notiqe of Disapproval for 27.58% lot coverage i~Sued by Building Department, and breakdown calculations from Meryl Kramer, Architect received to,lay. 'Afte! recei~,ing ~estim~ny, motion was offered by Acting Chairman OrlandO), seconded by Mem~ber Horning, and du)y carried, to conclude the hearingl reserving decision until later. This Res~01ution was duly adopted (3-0). ~P~g~ 3 - Minutes Regular, Meeting - October 23, 2003 Southald Town Board of Appeals 10:25 a.m. William and Marv DeBruin #5405. This is a request for a Variance under Section 100-242A (ref. 100- 244B), based on the Building Department's May 19, 2003 Notice of Disapproval, amended June 30, 2003, for ?pr0P0s~d additions/alterations to the existing dwelling with a single side yard setback at~ less [han 15 feet. Lobation of Property. 2570 Pine Tree Road, Cutchogue, 1000-104-2-13. Afterreceivthg testtmony~motion was ~ offered by Acting Chairman Orlando, seconded by Member Horning, andduly carried, to conclude the hearing, :reserv/ngdecision~untlilater. ThisResolutionwesdulyadopted(3-O). 1~):30 a.m.P. Mattes and L. Callaclhan #5413. Request for a Variance under Section 100-82A, I~ased on the i Buildi~g ,D~partments July '17, 2003 Noti6e of Disapproval, for proposed additions/alteration.~ to e~i~ting · comm6r¢ial building with a side yard at less than 20 feet, at 4371'5 C.R. 48 (~/IEa Middle Road or North Road) '~S'outhold 1000-59-3-30 M~' Mattes a~d Ms. Ca aghan both appeared n beha f of the r applicat on. A~ter ~e~ceiving ?teS~mony,~ motion was offered by Acting Chalrmar7 Orlando, secortded by Member Goehrlnger, end,duly carried, to conclude the hearing, reserVing decision unti7 la~er. This Resolution was duly adopted (3-0). ~:35 a.m. A; and S. Waqcloner #5410. Request for a Variance under Section 100-242A ref. !00-244B based on -{be ~Bu~ldipg Department's May, 30,~ 20Q3 Nq{i~e. of Disapproval, for proposed, additions/alter.~.t!ons {o the existing flwellirig at less than 40 feet from the rea~ propei'ty line, at 1695 Wickham Avenue, Ma~titack; [1000-~40-1-1. ?o~sib · a~jqUrnment to to eX~er(.d heari~g'i,tim~ requested due to untimely 'mailings and postin~l Of sign by . ~ipplic[itio~}i. as recruited ~ hdet Ch. 58. Appearing in behalf of the ap~licafion ~ Affer reCeiving ~estimony, motion :~a~ ~ffe~,Ed by ;~tcting~Chairm~n Orla~7~fo~, sec~ded 'by Member ~orning, and duly darrie~ to ~co~clude the ~hesring, reservin~ide&iBion~untill_ater. Thi~ReSolution was dulyadopted(3-O). 10:40 ~a.'m. J. Parl~'6r Wi~kham #5~b3. Rbquest for a Variance under Section !00-242A, ref, 10g-244B~ [based on the Building Dopartm¢.nt's May 30, 2003 Notice x)f DisapprOva], for ~tbpos~d alterations to bxisting dwelli.ng within 40 foot from tho front property ling. at 710 Park Avenbe EXt., MatUtuck; 1000-~23-,8[-28.5.` After receiviqg testimony, motion was of~re.;~ by Actiag Chairt~an Or£ando, Seconded by Member Horrling, ahd duly carried, to conclude the hearing, re~orving decision mJtil later. This Resolution was duly adopted (3-0). ~j~.: ~30 a.m..M~0~iprt .w~ made [~¥ ~ing Cl~airman Orlando, seconded by Member Homing, and duly carried, to 6u~i~ for. a'f;.J)nitlnuafiOn ,0f'tl~i~,m~t ri~ at I pm. This Resolution was duly adopted (3-0). 1:00 p.m. Motion was made by Acting Chairman Orlando, seconded by Member Goehringer, and duly carried, to re;c6nvene. Tt~is Resolution was duly adopted (3-0). PUBLIC HEARINGS continued since the morning session: reversal of the. E~ui dng Department's Notice of Disapproval, or (2) alternat vely, aVer ance under So,ct on 100-f62 for the locat!o~l o¥ a p~oposed telecommunications tower at less than 300 feet from historical properties (1000-141- 3-3~ and ~ b(~0-~ 4~-3-39) listed on the Society for the Preservation of Long Island Antiquities Inventory of Southold H~s(or~c Properties. Locabon. 12585 Sound Avenue Matt]tuck Parcel 1000-141-3-38 1. The applicants attorney submitted a~letter on ~0/22 requesting an adjournment of this hearing to December f8 . The applicant's attorney ~r~o Sbbmit~ed a letter J'eques~in~ determilTation on the Appeal for Interpretation before proceeding on the second par~afth,e application!for variance relief. After consideration of the informatioh received, motion was made by ~,ct, ingl chairman Orlar~do, seconded by Member Goehringer, and duly carried, to adjourn the healing to I PM, Th~irsday' December ~8, 2003' This Resolution was duly adopted (3-0). ?~le 4 - Minutes Regular Meetir~g - October 23, 2003 ~outhold Town Board of Appeals .DE?BERATIONS/DECISIONS, The Board deliberated and decided the following ~applJcations, as shown on the · 0rig~nals Of each filed with the Southold Town Clerk: APPROVED AS APPLIED William and Mary DeBruin #5405, This is a request for a Variance under S~ection 100-242A (re.f. '100-244B), based qn the Building Department's May 19, 2003 Notice of Disapproval, amended June 30, 2003, for i~ro~os~d additions/alterations to the existin~ dwelling with a single side yard setback at less than 15 feet. Locatibn'of Property: 2570 Pine Tree Road, Cutchogue, 1000-'104-2J~13. J. Parker Wickham #5403. Request for a Variance under Section 100-242A, ref. 100-244B, oased on the BUi ding Department's May 30, 2003 Notice of Disapproval, for proposed alterations to existing dwelling within 40 feef~ from the front property line, at 710 Park Avenue Ext., Matfituck; '123-8-28.5 Other: A consensus was taken for approval of the following application (pending receipt of the Affidavit of Mailings as p~r Ch. 58 of the Town Code): J. WaClcloner #5410. (Agenda Item at 11/6/03 Meeting). 1:20 p.m. The Board proceeded with the next public hearing, as follows: PUBLIC HEARINGS continued since the morning session: '1:20 p.m J. Ann P clnato an~ Mar a Req na #5415 Request for a Var ance un(~er Sect on '100-33 based on the Bu[ d~ng Departments May t9~ 2003 Nohce of D]sapprova. for a proposed accessory garage ~n a yard other than the rear yard at 28545 Main Road, Orient; 18-6-24.3. After receiving testimony, motion was offered by Acting Chairman Orlando, seconded by Member Goehr~nger, and duly carried, to ~onclude the hearing, reserving dec~sJon until later. ThJs Resolution was duly adopted (3-0). 1:30 p.m. Paul Sennet #54p2. Request for a Variance under Section 100-242A, based on rthe Building Department's June 2?, 2003 Notice Of Disapproval, for a proposed porch additi~)n at less than 35 feet from the front ot ~e and rear ot nes,~ at 450 R chmond Road East Southo d '135-3-7 After receiving testimony, motion was offered by Ac~hg Chair~nan Orlando, seconded by Member Horm'ng, an~l duly carried, to Conclude the bearing, reserving decision urttil la~er. This Resolution was duly adopted (3-0). ! '1:40 p.m. ,Howard Meinke #5400. Request for a Variance under Section ~00-244, based on the Building Department s May 30, 2003 Notice of Disapproval, for approval of the "as-built" setback location of a deck and hot tub addition at less than 40 feet from the front lot line, at 2130 Broadwaters Road, Cutchogue; 104-9-13. After receiving test!mony, motion was offered by Acting Chairman Orlando, seconded by Member Goehrlnger, and duly carried, to cohclude the bearidg, reserving decision until later. This Resolution ~s duly adopted 1:50 p.m. Priscilla Reillv #54~4. Request for a Variance under Section 100- 242A, ref. 100-244B, based on the Bund~ng Department s June 13, 2003 Not~ce of D~sapproval for a two-story additic~n at less than 10 feet on a single side yard and; less'thah 25 fe6t for total side yards, after demolition of an attac3ed garage, at 865 Old Shipyard Lane Sou~hold; 64-5-20. Afte~receiving testimony, motion was offered by Acting Chairman Orlando, seconded by Member Horm"ng, and duly ca'tied, to conclude the hearing, reserving decision until later. This Resolution was duly adopted (3-0)~ '~Page 5 - MinQtes Re~lular Meeting - October 23, 2003 Southold Town Board of Appeals u:00 p in. Pau Stetz A5401 This s a request for a Var ance under Section 100-242A, ret. 100-244B based on the iJding D~s. Juhe ;16, 2003 Np~ice of Disapproval. Applicant proposes~a sPai~rv~ay and landing addition th rear yard setback at ess than 35 feet, at 270 North Sea Ddve Southold 54-5-50. Afterreceividg testimony, motion was offered by Acting Chairman Orlando, seconded by Member Goehringer, and duly carrted,, to cObclude the hearing, reserVing decision until later. This Resolution was duly adopted (3-0). 2:10 p.m. Gerard and Karen Difflev#~,5~_ 31. This is a request for a Variance under Section 100-242A, r f, 100-244B, baSgd ~on the Building Departmehts August 1, 2003 Notice of Disapprovali amended Septem er 3, 2003. 'Applic~ttts p~pose a ~cond,story a~ldition at less than 35 feet from the f~'ont fe~ line, at 432 Luptor Point Road, Ma~titu~k; 1~15~,11-1, After ~eceiving testimony? motion was offered by Acting Chairman Orlando, , econded by ~lbmber Ho~ning~ and duly darried, to,conclude ~he hearing, reserving decision Unti£ later. This Re olution was ~uly adopted (3.0). 2:20 p.m. Rite Jonas,#5414. This is a request for a Variance under Section 1~00-244B, based o he Building Dep~tm~en~ 2003 .Nefice of D sappr°va for a new addition which is a~ expansion into t ;~sfegle side ysrd 's~tback which is less than 10 fect, and total s}de yards less than 25 feet, at 1335 Islan¢ .View Lane, ~Greenp~rt; 57~2-15~ After receiving testimony, motion~ was offered by Acing ~hairman Orlando, reconded by ~embe[r GOeh~inge~ , ~nd duly carried, to conclude the hearing, reserving decisio'n ut~til later. This ~ rolution was !~Uly a~iopte~d ~3-~). ~30 p'.~. H, andD. Sutherland #541~. This is a request for a Variance under Section 100-242A, 100-244B, ',based ~h.~Uiiding Department's ~lay 30, 2003 N(~tice of DisapproxYal fbr a h~ndicap rar~p and eck addition ~ith a[S~n~le~id~ y~rd at less than 10 fe6t*and total,side yards at iess than ~5 feet, at 3'~15 St IlWater Ave., ~cho~be,~!~l~6-2~l~. After receiving testimony, motio~ was offered ~y.A~cting: ~hairman Orlando, ~econded by ~m.b~?HO~tli~ng, and duly berried, to conclbde the hearing, reset:vin~i decision until later. This R~ solution was. ~[uiy ~:55 p n~ 1Vfi~ae and MarvEllen Cirrito #5417. This is a request for Variances under Sections 100-242A (ret. 1~}0-244B) and ,lO0~23~B~ha~sed bnthe Building Department s July 15 2003 Notice of Disapproval, forpr~/posed addit~on~/alterations at less ~ff~i~i a .gingl~e ~de~Fdrd ~f 10 feet' and less tlmn ~5 feet from the bulkhead, at 7625 Nass~tu Point Road, Cutckogue; 118-4-4. ~,~. ~ ? r~cei~ ~ te~. . ~r~ny, moti6, was offered b~' Acting Chairman Orlando, seconded by Member Goehringer, and ~ly ca'riehl, ~b ceh~clude the hearing, reserving decision until later. This Resolution was duly adopted (3-0). ~End of t~earings,) DELiBERATIONS/DECISIONS. The Board deliberated and decided the following applications, as Shown on the oyig[hs]ia'Of~6~ff~filed with the Southold Town Clerk: ~ea° PROVED &S 'APPLIED G?ratd~nd Karen Difflev#5431 This is a request for a Variance under Section 100-242A, ~*ef. 100-244B, I~i.~J~l.~t~the Building Department's August 1, 2003 Notice of Disapproval, amended September 3, 2003. A~p~J~ prOPOse a second-story addition at less than 35 feet from the front lot line at 432 Lupton Point RoaU Me'tuck 115-11-1. H. a~d D: Sutherland #5412. This is a request for a Variance under Section 100-242A. ret. 10C-244B, based on 'tb~ Bud ng Department's May 30 2003 Not ce of D sapprova for a hand cap ramp and deck add t on w~tb~ ~single, side yard at less than 10 feet and tote s'de yards at less than 25 feet at 3715 Stillwater Ave. C~ut6~0g[!e; 136-2-12 rPage 6 - Minutes Regular Meeting - Oc[ober 23, 2003 S0u~hold Town Board of Appeals ~O'J'HER/RESOLUTIO NS/U P DATES: Motion was offered by Me~mber Goehringer, seconded by Member Homing, and duly carried, tor confirm the 'Spe~cial Meeting for November 6,2003 commencing at 6 PM. This Resolution was duly adopted (3-0~. M~t~ion,was~ offere, d by Acting.Chairman Orlando, seconded by Member Goehringer, and duly carried, authorizing ad'~rt ~embnt of.~he fo ~ow~ng new I~ear rigs for the 11/20)03 Regu ar Meet ng Th s Resolution was ~tuly adopted (3-o). ~Mot on ~was Offered ,bY' Member Goehringer, seconded by Member Hornlng, and duly carried, to,approve the Minute~ ~f Octobe~ §, 2003 Special Meeting. This Resolution was duly adopted (3-0). The Board agreed that, a memorandum be forwarded to the Town Board requesting Spec al Counsel regarding tec~nt lit gati0n in the 'Matter of Cooper v. ZBA relative to Frohne Appeal No. 5317. ' ~ Th~s Reso ubon was du y adopted (3.0)~ There being no other business properly coming before the Board at this time, Acting Chairman Orlando adjourned the meeting at approximately 3:50 p.m. Respectfully submitted, Board Assistant and Secretary 11/7/03 Ruth D. Oliva, Chairwoman 11~o/03 Approved for Filing EECEIVED NOV 2 t 2003 6uthold Town Clef} 10/6; 10/8; 10121 ZBAAGENDA REGULAR MEETING OCTOBER 23, 2003 9:00 a.m. Call to order. 1. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): Type II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): William and Mary DeBruin #5405. P. Metres and L. Cailaghan #54`13. A. and S. Waggoner #5410. J. Parker Wickham #5403. J. Ann Pignato and Maria Regina #5415. Paul Sennet #5402. Howard Meinke #5400. Priscilla Reilly #5404. PauJ Stetz #54-01. Gerard and Karen Diffiey #5431. Rita Jones #5414. H. and D. Suthe~land #5412. Michae~ and MaryElien Cirrito #5417. Unlisted Action: (none) Others/Pendinc~ Lead Aclencv and Coordination/Review Steps; Stanley Malon #5383 Oki-Do #5397 Main Road Brokerage #5407 11. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Pendin~ decision (hearine concluded 7/I 0/03~: VIRGINIA and CHRISTOPHER COYNE #5323. Request for: (a) living space in a non-habitable accessory building, with a proposed addition; (b) proposed additions/alterations to a non-habitable accessery building, and (c) "as built" accessory shed located in an area other than the code required rear yard. 8310 Soundview Avenue, Southolo; CTM 59-7-29. Page 2 of 2 -Agenda updated 10/28/038:21 AM Regular Meeting - October 23, 2003 Southold Town Board of Appeals 11. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications, continued: PendinQ decision fhearin~l concluded 8/21/03 pendinq survev with ur)date): ALFRED AND MARY MAGILL #5362. (10/15 applicant submitted plan revising roof desi~'~ with letter of explanation). Hearincl concluded 9/25/03: JASON TAGGART #5389. This is a request for Lot Waivers under Section 100-26 to unmerge a vacant land area of 13,750+- sq. ~., referred to as CTM 1000-78-3-29 fi'om a area, from an improved lot of 12,650 sq. ff. referred to as 1000-78-3-28. Based on the Building Department's May 23, 2002 Notice of Disapproval, the properties have merged under Section 100-25 due to common ownership with the first lot at any time after July 1, 1983. Zon~ District: A/C Agricultural-Conservation. Location of Property: 815 Wabasso Road, Soulh~bld; CTM 1000-78-3-29. Hearin(I .concluded 10/9/03: R. and A. COMBS #5393. Request for Variances under Sections 100-242A, 100-244, and 100-33, based on the Building Department's Notice of Disapproval amended July 17, 2003, concerning proposed additions to the dwelling with side yards at less than 15 on one side and 20 feet on the other side, for a total at less than 35 feet when combined; and exis, ting location of the as, built shed at less than five (5) feet from the property line. Location of Proper[y: 6525 Indian Neck Lane. Peconic; Parcel #86-6-24. Ill. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. Ail testimony shall be limited to zoning issues properly before the Board. 9:30 a.m. Possible Resolution for adioumment to Dec. 18~h at 9:30 a.m reciuested bv Stephen L. Ham, Esq. 10/21/03: E. and R. TrJppe #5300 and #5308 (carrvover [rom 8/21 ). Based on the Building Department's January 21, 2003 amended Notice of Disapproval, applicants request Variances under Sections 100-33, Section 100-31A, to construct an accessory swimming pool and garage/accassory structure in a front y~rd area. The accessory building was disapproved als[~ as a second dwelling construction, by design. Location of Property: Central Avehue, Fishers Island; 6-3-6.1. (Await ul~date by applicant's attorney regarding amended Floor Plans.) Opposing attorney: Helen Rosenblum. Page 3 of .3 - Agenda updated 10/28/038:21 AM Regular Meeting - October 23, 2003 Southold Town Beard of Appeals Ill. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shaft be limited to zoning issues properly before the Board. 9:40 a.m~ Debra Victoroff #5334. (Carrvover from 8/21 - pendinCl review by Buildin~ Department of I~ro[Josed location of accessory pool: also for Mr. T. Roslak. adiacent landOWner, for time to co'nsult counsel). Applicant requests a Variance under Section 100- 24~, based on the Building Department Februa~ 11, 2003 Notice of Disapproval, for a proposed dwelling at less than 35 feet from the front property line and less than 351 feet from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 & 29.1 (as one lot). Proper-T Services, Inc.; opposing attomey: Hblen Roaenblum. 9:45 a.m. Daniel Denn #5221 (Carryover request from 9/25 for Ch. 58 notices and attendance by, applicant). This is a request for a Variance u.nder Section 100-30A.4, based on the Bu:ilding Department's August 22, 2002 Notice of Disapproval, to locate a proposed accessory swimming pool in an area other than a required rear yard, at 275 Major's Path, Southold; 54-1-26.1. Adjournment necessary; as of 10/21 applicant did not complete required Ch. 58 notices for certified mailings or posting ef sign. 9:50 a.m. Linda Fasbach #5375 (Cam/over from 8/21 for possible alternative plans or other update~rom applicant~. Based on the Building Department's May 12, 2003 NotiCe of Disapproval applicant requests Varances under S,ections 1-00-239.B 100-242A and 100- 244, for: (1) .addJbon to an exist;ihg dwelling w~th total side yards at less than 25 feet,' (2) a,s built' d~eck addit on at ess thag~75feet from the.bu khe'ad, (3) lot coverage n excess of th~e code Iir~'i~t~on of 2-P%~ o~' U~' lot size. 29051~!Bay Shore Road, Greenport; 53;6-4. Ri[chard La,rk .E;§q. Note: Amendedi~0/16/03 Notice of Disapproval for 27.58% lot coverage issued by Buitding!Dep~rtment (as o~'10/2'1 a~vait breakdown ca~;ulations~from Architect and/or maps). 10:00 a.m. William and Mary DeBruin #5405. T, his is a request for a Variance under Secton 100-242A (ref. 100:244B), based on the;Bu dng Departments May 19, 2~003 Notice of Disapp~roval, amended June 30, 2003, fdr proposed additions/alterations to the existin~ d~velling~itb a single sid~ yard setback at less than 15 feet. Location of Property: 2570 Pine"Tree Road, Cutch~ogue; 1:000-104-2-13. 10:10 a.m.P. Met[es and L. Callaahan #5413. Request for a Variance under Section 100- 82A, based on the Buildirmj DePartment's July 17, 2003 Notice of Disapproval, for proposed additions/alterations to existing commerci¢~l building with a side yard at less than 20 feet, at 43715 C.R. 48 (a/Ida Middle Road or North Road), Southold; 1000-59-3-30. Page 4 of 4 - Agenda updated 10/28/03 8:21 AM Regular Meeting - October 23, 2003 Southold Town Board of Appeals III, PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 10:30 a.m.A, and S. Waclqoner #5410. Request for a Variance under Section 100-242A, ref. 100-2'44B, based on the Building Department's May 30, 2003 Notice of Disapproval, for, proposed additions/alterations to the e×isting dwelling at less than 40 feet from the rear pr0ped~ IJr~e at 1695 Wickham Avenue Mattituck; 1000-140-1-1. Possible adjournment to to extend hearing time requested due to untimely mailings and posting of sign by applicatio~ as required under Ch. 58. 10:40 a.m.J. Parker Wickham #5403. Request for a Variance under Section 100-242A, ref, 100-244B, based on the Building Department's May 30, 2003 Notice of Disapproval, for proposed alterations to existing dwelling withiq 40 feet from the front property lin~, at 710 Park Avenue'Ext., MattitucK; 1000-123-8-28.5 Agenda continues(see afternoon session). Resolution to adjourn, reconvening at 1 p.m. I p.m. Resolution to reconvene. Carryovers, if any, from morning session. III. PUBLIC HEARINGS. continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly-before the Board. 1:00 p.m. Omniooint Communications. Lessee (Georqe L. Penny. Inc.. Owner) #5357. (Carryover from 8/21: standards for a "use" variance and related were submitted by attorney as reauested). Based on the Building Department's April 1, 2003 Notice of Disapproval, applicant requests: (1) an Interpretation of Section 100-162 for reversal of the Building Department's Notice of Disapproval, or (2) alternatively, a Variance under Section 100-162 for the location of a proposed tele~communications tower at less than 300 feet from historical properties (1000-141-3-35 and ' 000-141-3-39) listed on the Society for the Preservation of Long Island Antiquities r~ventory of Southold Historic Properties. Location: 12585 Sound Avenue, Mattituck; Parcel 1000-141-3-38.1. (Letter received from applicant's attorney rea~uesting Interpretation; also possiible adjournment expected from attorney's fax 10/22/03 to Dec. 18"'). Page 5 of 5 - Agenda updated 10128103 8:21 AM Regular Meeting - October 23, 2003 Southold Town Board of Appeals Ill. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues ]~roperly before the Board. 1:20 p.m.J. Ann Piclnato and Mada. Reclina #5415. Request for a Variance under Section 100-33, base~d on the Building Department's May 19, 2003 Notice of Disapproval, for a pmposedl acCeSsory garage in a yard other than the rear yard, at 28545 Main Road, Orient;~ 1 ~-6-24.3 1:30 p.m. Paul Sennet #5402. Request for a Vadance under Section 100-242A, based on the BUilrding~ ~epartment's June 27, 2003 Notice of Disapproval, for a proposed porch add tforr at less than 35 feet from the front ot line and rear ot lines, at 450 Richmond Road East,' Sauthold; 135-3-7. 1:40 p.m. Howard Meinke #5400. Request for a Variance under Section 100-244, based on the Building Department's May 30, 2003 Notice of Disapproval, for approval of the "as- built" setback location of a deck and hot tub addition a~ less than 40 feet from the front lot ~ine, at 2130 Broadwaters Road, Cutchogue; 104-9-13. 1:50 p.m. Priscilla ReilJv #5404. Request for a Variance under Section 100- 242A, ret 100-244B, based on the Building Department's June 13, 2003 Notice of Disapproval for a two-story additon at less than 10 feet on a s~ngle side yard and less than 25 feet for total side yards, after demolition of an affached garage, at 865 Old Shipyard Lane, Southold; 64-5-20 2:00 p.m, Paul Stetz #5401. This is a request for a[ Variance under Section 100-242A, reft 100-244B, based on the Building Department's June 16, 2003 Not ce of D sapprova II Applicant proposes a stairway and landing addition, with rear yard setback at less than 35 feet, at 270 North Sea Drive, Southold; 54-5-50. 2:10 p.m~ Gerard and Karan Diffle¥ #5431. This is a request for a Variance under Section 100-242A, ret. 100-244B, based on the Build ng Department's August 1, 2003 Not ce of Disapproval, amended September 3, 2003. Applica?ts propose a second-story addition at less than 35 feet from the ~ront lot line, at 432 Luptdn Point Road, Mattituck; 115-11-1. 2:20 p.m, Rita. Jones #5414. Th!s is a request for a Variance under Section 100-244B, based on the Building Department s July 11, 2003 Notice of Disapproval for a new addit on which is an expansion into the single side yard setback which is less than 10 feet, and total side yards less than 25 feet, at 1335 Island View Lane, Greenport; 57-2-15. Page 6 of 6 - Agenda updated 10/28/038:21 AM F~egular Meeting - October 23, 2003 Southold Town Board of Appeals PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. Ail testimony shaft be limited to zoning issues properly before the Board. 2:30 p.m.H, and D. Sutherland #5412. This is a request for a Variance under Section 100-242A, ref. 100-244B, based or~ the Building Department's May 30, 2003 Notice of DisaPprova! for a handicap.ramp anc deck addition with a single side yard at less than 10 feet and total s de Yards at less than 25 feet, at 37~ 5 Sti Iwater Ave., Cutchogue; 136-2-12. 2:55 p.m. Ntichael and MarvEIlen Cirdto #5417. This is a request for Variances under Sections 100-242A (ref. 100-244B)r and 1~00-239.4B, based on the Building Department's Ju!y 15, 2003 Notice of Disapproval, for proposed additions/alterations at less than a Single side yard of 10 feet endless than 75. feet from the bulkhead, at 7625 Nassau Point Road= CutchogL[e; 118-4-4. Endofheadngs. Public meeting continues: IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible deliberations/decisions - hearings concludec~, Item III list (above). B. Special Meeting 6:00 PM 11/6/03: agenda items may include continued work reviews of r~ew files for future calendars;~ possible findings/decisions on carryovers. C. New business. D, ResolUtiOn. to authorize advertising of new hearings for 11/20/03 Reg. Mtg. E. Resol~Jtion to approve Minutes of Special Meeting held October 9, 2003. F. DisCussiOr~/Possible Resolution: Recer~t update(Court Determination, ZBA #4537. G. DiScussibr~/Pessible Resolution: Request for Special Counsel (matters in litigation). H. V, POSSIBLE EXECUTIVE SESSION (pending litigation).