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Home My WebLink AboutZBA-03/04/2004 SpecialAPPEALS BOARD MEMBERS .~%~a Southold Town Hall Ruth D, Oliva. Chair~voman (~'q'l 53095 Main Road Gerard P. Gc~ehringer EO. Box 1179 Lydia A. Tortora ~ ~.~ ~1~ Southold. ~ 11971-0959 Vincent Orlando ~ Tel. (631) 765-1809 James Dinizio, Jr. Fax (631) 765-9064 http: southoldtown.nor thfork,net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES 'SPECIAL MEETING THURSDAY, MARCH 4, 2004 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, March 4, 2004, commencing at 6:00 p.m Present were: Ruth D. Oliva. Chairwoman/Member . Gerard P. Goehringer, Member Lydia A. Tortora, Member Vincent Orlando, Member James DinizJo, Member Linda Kowalski, Board Assistant and Secretary 6:10 PM Chairwoman Oliva called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATION: (none). II. CARRYOVER DELIBERATIONS/DECISIONSIUPDATES: Hearings concluded ~/22/04: No Action Necessary:. REID MAHAFFEY ~q5455 - Further review and update: The original with site plan, based on the Building Inspector's 9/5/03 Notice of Disapproval, was properly noticed by the applicant, and advertised for a public headng heed 1/22/04. After the close of the hearing, the site map was modified to show conformity with the 40 ft. front yard setback, removing the need for a variance. However, the architect's amended plan as submitted also added a different area of relief as noted in the Building Inspector's 2/18/04 amended Notice of Disapproval. The new area of relief was not noticed as required under Ch. 58 [lacked additional certified mailings by applicant, advertising, etc.). The application was therefore noted to be defective, as amended, for these reasons. (The ZBA staff was advised that applicant does not wish to pursue to amendment at this time, and the plan would be further amended to meet the code setback requirement through the BUilding Department, without variance relief.) Location of property: 7705 North Bayview Road, Southold. Page 2- Minutes Meeting of Mamh 4, 2004 Southold Town Board of Appeals On Hold Pendina Additional Information from A~)~licant: DONALD GR M ~L5441 - The applicant confirmed that the survey is being updated to show more details, for submission to the ZBA staff on or before Friday (March 18m agenda review deadline for final submissions). GEORGEA KAPPASAK[S #5440 - A letter received 2/26/04 from the applicant's agent requesting additiona[ time to submit the alternative plan discussed at the 12/18/04 public headng. The Boal:d deliberated and decided the followinq, applications. The oriqinals of each of the Tollowincl decisions Were flied with the Southold Town Clerk: APPROVALS (Hearings concluded 2/26/04) PATRIZIA ZANBONI #5452. Request for a Vadance under Section 100-244B, based on the Building Department's August 22, 2003 Notice of Disapproval, amended August 25, 2003, concerning a new single-family dwelling with a front yard setback at Jess than 35 feet, after demolishing the existing building, at 1385 Minnehaha Boulevard Southolci; Parcel 87-3-23. (Amended ND issued 2/19 for amended map.) JOSEPH AND ELIZABETH GORDON. Location of Property: ~85 Gardinera Lane, Southold; Parcel 1000-70-8-29. Applicants request: #5470- Variances are reques/ed under Sections 100-242A and 100-244. based on the Building Department's November 25~ 2003 Notice of Disapproval. which states that the proposed alterations and additions to the existing dwelling with will be less than 40 feet from the front lot line and less than 50 feet from the rear lot line. Also. [he Building Inspector has determined that under Section 100-31A(1), a second dweJling unit is not permitted above the garage, for the reason that the code allows "one-family detached dwellings, not to exceed one dwelJing on each lot." #5471 - Special Exception under Sect[on 100-31B(13) for an Accessory Apartment in conjunction with the owner's residence, JOHN and VIVIAN HINTON #5477. This is a request for a Variance under Section 100-33. based on the Building Department's May 8, 2003 Notice of Disapproval, concerning the location of a swimming pool in a side yard instead of the code-required rear yard, after the as- built deck was constructed, at 515 Horseshoe Drive, Cutchogue; Parcel 1000-95-4-18.27. JOHN SCOTT and SANDRA TUFFY #5480. This is a request for a Variance under Section 100-30A.3, based on the Building Department's November 17, 2003 Notice of Disapproval. concerning proposed addition at less than 50 feet from the front lot line. at 31025 Main Road, Cutchogue; CTM 102-2-23.4. (Survey with front setbacks submitted 2/20). DARRIN SKREZEC #5482. This is a request for: (a) an Interpretation under Section 100- 8~1A(6) as to whether or not a landscaping business is permitted to stock pile landscape materials as an accessory use without the need for a Special Exception, and (b) alternatively, a Special Exception under Section 100-81(B)(2) for a contractor yard, at 32900 CR 48, Peconic; CTM 74-4-14.3. Zone: Limited Business. Mr. Skrezec was present at the time the Board deliberated and decided this applJcation. ~JOHN and JOYCE SAMPIERI #5483. This is a rec Jest for a Variance under Sections 100- 242A and"100-30A.3, based on the Building DePartment's December 4, 2003 Notice of Page 3 - Minutes Meeting held March 4. 2005 Southold Town Board of Appeals Disapproval, concerning proposed alterations and additions to the existing dwelling at less than 15 ft on a single side yard, at 1380 Bayberry Read, Cutchogue; CTM 118-2-12. STEPHEN PISACANO #5490. This is a request for a Variance under Sections 100-242A and 100-244B, based on the Building Department's December 26, 2003 Notice of Disapproval, concerning proposed additions and alterations at less than 40 feet from the front lot line, at 16155 C.R. 48, Cutchogue; CTM 10%%15.1. LUKE and RITA LICALZI #5488. This is a request for a Variance under Section 100-33C. based, on the B ~ldmg hlSpect0i~s December ~, 2003 Notice of D[$approy~ (and renewed building permit) concemlgg ar~ accessory swimming pool !Ocated at less than the code- reqUired 50 feet from th~ front lot lin~or~ this wate~ron~ parcel, at-2105 C,~lves; NedK Road, South~ld~ CTM ?0~461i~' (pieas,e ootei p~e C;O. fOr det~.ched frame pbpl ster~ge hbuse ~sig~ w~h shower sink 'pi 'n:'5 ng ~o~,ated n a~-:aYea ~[her t~an th~ rec~u]md y~i:-d ~/as not ava. llable~a~,d?oqld ~io, be msuod pa Bud(un,() Dep??rt~ me_~ sTa~ 2/25104; ~p~s~,!b~,s, ep~rate varia~!cei,app[tcefi/~,n .ray ue l'~c(i i-' ih~: Pre CO l~ 'disa~prdved~ At a futu~"e ~ by~ae>~Buil~ng lnspeetor) VER~ BAKELAAR #54Z9. This ~s a request for a Variance under Section 100-244, based on th~ [Jaildiog Department's Janizary 5, 2064 Notice of Disapproval, concerning a proposed addit~o~ and alterations with a total Lot coverage sxceedin~ the code [knitation o¥ 20%, a~ 45 Booth Place, Greenpo~t; Parco! 1000-4~ -1-21. MAITITUCK FIRE DISTRICT #5485. Request for Variances under Section 100-92 anc 100- 33B(3)~ ~ased~ on the Building Department's January 2, 2004 Notice of Disepproval, amended January t6, 2004~ concerning a proposed addition with a front yard setback at less tman 15 feet~and~conoern ng a proposed annex bud ng at ess than fve feet from the side and rear lot mos, at 1000 P ke Street Mattituok; Parcel 140-3-11.1. DENIAL andGRANT OF ALTERNATIVE RELIEF: CHRISTOPHER DURK[N #5481. Request for a Variance under Section 100-33, based on the Build,ag ,Department's November 25, 2003 Notice of Disapprova[~ concerning a proposed acoess0~y garage exceeding the code limitation of 18 feet, at 5779 Westphalia ,Road, Mattitucl~; Parcel 113-12-7. (Revised bu#dMg plan submitted 3/~/04 by applicant for ~9 mean heiglit.) REVERSAL OF BUILDING INSPECTOR DETERMINATION: TOWBEE. LLC (SeaTow) ~5492 - Request for a Variance under Section 100-142, based on the Building Department's January 27, 2004. Notice of Disapproval, concerning two uses on a lot Containing less than 80.000 sq. ft. (or 40,000 sq. ft. per use) in this Light Industrial (LI) Zone District. Location of Property: 700 Hummel Avenue, Southold; Parcel 1000-63-2-30.1. (2/20/~4 attorney submitted affidavit outlining history of tenancy and uses to ZBA; Building Department has not reviewed for updated determination as o[ 2/26/04 PH). NO ACTION TAKEN ON THE FOLLOWING: BOARD DELIBERATIONS CONTINUED: WRITTEN DRAFT TO!BE PREPARED: ALTERNATIVE RELIEF ALSO DISCUSSED FOR 70' AND 55' BLUFF SETBACKS: POSSIBLE VOTE AT NEXT MEETING: J & C HOLDINGS, Contract Vendee (Owner: Doll) #5419. Applicant requests Variances under Sections 100-30A.3 and 100-239.4A, based on the Building Department's November 7, 2002 Notice of Disapproval, arhended August 6, 2003, concerning a proposed location of a Page 4 - Minutes Meeting held Mamh 4 2005 S0uthold Town Board of Appeals new dwelling with setbacks: (a) at less than 50 feet from the front 3roperty line and (b) less than 100 feet from the top of the Sound bluff, at 590 North View Drive, Orient; Parcel 1000-13- 1-5.1. (Applicant submitted revised survey 1/27/04 and engineer's memo with run-off calculations: also on 2/5 received info on retaining wall construCtion.). II. No public headngs were held. IV. OTHER: A. Tbe. Rec~ular M?,etinq and Public Headnq calendar were confirmed as advertised for 9.?0 AM, Tt~ursday. Mat(~h 18 '2004, Agenda items'include WOrk session; contintJed work reViees of new files for future calendars; possible findings/decisions on: Grim, Stufano,. or other(s) pending additional information from applicant. Brief reviews of pending files and general discussions by Board Members followed. B. Chairwoman Oliva confirmed that the April Special Meeting will be held on April 8~" instead of Apdl~ Ist. commencing at 6 PM. V. EXECUTIVE SESSION (Taggart v. ZBA update for ZBA counsel). There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:35 PM. (Incorporated by Reference: 12 Decisions, originals filed with the ~-own Clerk). Respectfully submitted, Einda Kowatski 3/25/04 Ruth D. Oliva, Chairwoman Approved for Filing