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Home My WebLink AboutZBA-11/04/2004 Special APPEALS BOARD MEMBERS Ruth D. Oliva. Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. ~'ìlUfFOl.t ~ ~~.~~ "" "" '. Q . c, 0; ~~' ~. ~ '~OJ. ~~ Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 h ttp :,' /sauthù Id to\\' n. north fork. net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY, NOVEMBER 4,2004 A Special Meeting of the SOUTH OLD TOWN BOARD OF APPEALS was held at the Southold Town Hall AnnexlNFB Building, corner of Youngs Avenue and Main Road, Southold, New York 11971-0959, on Thursday, November 4,2004 commencing at 6:19 PM. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member Lydia A. Tortora, Member (arr. 6:25) Vincent Orlando, Member James Dinizio, Member (arr. 6:45) Linda Kowalski, ZBA Secretary RECEIVED 'Í- ~ .J.'¡SfJ/1f é'~~¿dlt¡ ~ SOI.thold Town Clerk 6:19 PM Chairwoman Oliva called the meeting to order. . . . AGENDA ITEM I: The Board proceeded with Agenda items, as follows: I. STATE ENVIRONMENTAL QUALITY REVIEWS: (new reviews pending; none declared at this time). II. DELIBERATIONS/DECISIONS: The Board deliberated and made the following decisions, with the original determinations filed with the Southold Town Clerk: APPROVED AS APPLIED: JIMMY FALBO #5592. Request for a Variance under Section 100-244B, based on the Building Inspector's June 30, 2004 Notice of Disapproval concerning demolition of the existing building and construction of a new dwelling with side setbacks at less than the code required minimum of 10 feet and 15 feet on each side, and a combined total of less than 25 feet for both side yards, at 10120 Sound Avenue, Mattituck; CTM 122-2-9. MARION GOTBETTER and CARMEN RAM IS. Request for Variances under Sections 100-242A and 100-244, based on the Building Inspector's August 12, 2004 Notice of Disapproval, amended August 30, 2004 and September 3, 2004, concerning a second-story and garage addition to the existing single-family dwelling, with an increase in the degree of nonconforming with a front yard setback at less than 40 feet, at 425 Diamond Lane & Private Rd, Peconic; CTM 68-2-13.1. Page 2 - Minutes Special Meeting - November 4, 2004 Sauthald Town Board of Appeals APPROVED AS APPLIED, continued: WILLIAM and SUZANNE CONNELL #5594. Request for a Variance under Section 100-244, based on the Building Inspector's August 18, 2004 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling at less than 50 feet from the rear lot line, at 550 Krause Road, Mattituck; CTM 122-4-38 FREDERICK YAROSH and SHEILA FURLONG #5614. Request for Variances under 100-33 and 100-244, based on the Building Inspector's August 20, 2004 Notice of Disapproval, concerning removal of the existing dwelling and construction of a new dwelling with an increase in the degree of nonconformance at less than 35 feet from the front lot line, at less than 35 feet from the rear lot line, and with total lot coverage in excess of the code limitation of 20% of the lot area (10,066 sq. ft.) Also proposed is an accessory shed in an area other than the required rear yard, at 1945 East Gillette Drive, East Marion; CTM 38-4-27. JEROME AND DEBORAH ZUHOSKI #5591. Request for Variances under Sections 100-242A and 100-244, based on the Building Inspector's August 6, 2004 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling, with an increase in the degree of nonconformance at less than 35 feet from the front lot line at 440 Freeman Avenue, Mattituck; CTM 139-3-40. JANE GOELLER #5597. Request for a Variance under Section 100-242, based on the Building Inspector's August 6, 2004 Notice of Disapproval concerning additions with alterations to the existing dwelling, with an increase in the degree of nonconformance at less than 15 feet on a single side yard and less than 35 feet total side yards, at 645 Fisherman's Beach Road, Cutchogue; CTM 111-1-33. MULLEN REALTY, L.P. and RWM ENTERPRISES, INC. #5598 and #5599. Location: Main Road, Locust Lane and Cottage Place, Southold; CTM 62-3-19, 20, 22.1, 24.1. Appeal No. 5598: Request for Variances, relative to proposed Parcell, under Sections 100- 102 (Bulk Schedule), 100-103A & C, and 100-243(A) concerning proposed additions with alterations to an existing car dealership with service center, based on the Building Inspector's March 25, 2004 Notice of Disapproval, amended August 12, 2004, noting the following: (1) setbacks at less than 25 feet on a single side yard and less than 50 ft. total side yards, (2) lot coverage greater than 30% (3) setback at less than 100 ft. back from the right-of-way, (4) linear frontage is greater than 60 feet on Cottage Place and greater than 60 feet on Main Street; (5) enlargement in overall building footprint(s) of more than 15%; (6) expansion of a nonconforming building containing a nonconforming use; and (7) Special Exception for car and truck dealership and public garage under Section 100- 101B(12). Appeal No. 5599: Request for a Variance under Section 100-102 (Bulk Schedule) for proposed Parcel II with less than 30,000 sq. ft. of land area, and with existing buildings at less than 25 feet on a single side yard and less than 50 feet total side yards. Page 3 - Minutes Special Meeting - November 4, 2004 Sauthald Town Board of Appeals APPROVED AS APPLIED, continued: JEANNE LAPORTA #5593. Request for Variances under Sections 100-242A and 100-244, based on the Building Inspector's July 29, 2004 Notice of Disapproval, concerning proposed additions with alterations to the existing dwelling with a front yard setback at less than 40 feet and rear yard setback at less than 50 feet, at 1995 Private Road #7 off the Nls Route 25, Orient; CTM 18-3-3. JAMES AND MAURA O'MALLEY #5596. Request under Section 100-26 for a Lot Waiver to unmerge a land area of 16,198 sq. ft., which, based on the Building Inspector's August 12, 2004 Notice of Disapproval, amended August 23, 2004, states that the property is merged with an adjacent lot which has been in common ownership at any time after July 1, 1983. The Applicant proposes to unmerge 16,198 sq. ft., identified as 2545 Mill Road at the corner of Miami Avenue (a private road), CTM 67-6-13.1, a/k/a CTM 12 & 13, from the adjacent .46+- of an acre, identified as 2665 and 2625 Mill Road, CTM Nos. 67-6-11 and 10 (Edward and Eileen Maguire, Landowners), in Peconic. Zone: R-40 Residential. APPOVED WITH CONDITION(S) JAMES AND EILEEN BUGLlON #5602. Request for a Variance under Section 100-244, based on the Building Inspector's August 5, 2004 Notice of Disapproval, amended August 26, 2004, concerning a proposed addition to a new dwelling (under construction) with a front yard setback at less than 40 feet, at 2520 Clearview Avenue, Southold; CTM 70-10-29.1. CHRISTOPHER MOHR #5603. Request for a Variance under Section 100-142, based on the Building Inspector's August 6, 2004 Notice of Disapproval, amended August 30, 2004, concerning a proposed accessory building in conjunction with the existing (new building) landscape contractor's yard in this Light Industrial Zone District, with setbacks at less than that required for a principal building, at less than 70 feet from the rear lot line and less than 20 from the side lot line, at 22155 C.R. 48, Cutchogue; CTM 96-1-20.1. WILLIAM and DONNA GOGGINS #5601. Request for Variances under Sections 100-30A.3, Bulk Schedule, and Section 100-242A, based on the Building Inspector's August 30, 2004 Notice of Disapproval concerning "as built" additions with alterations to applicant's dwelling with an increase in the degree of non-conformance, at less than 50 feet from the front lot line and above the code's 2-1/2 story height limitation, at 8755 New Suffolk Road, New Suffolk; CTM 117-10-14.1. DENIALS, WITH GRANT OF AL TERNA TIVE RELIEF WITH CONDITIONS JOHN and MARION BRANDVOLD #5516. Request for Variances under Section 100-239.4B, 100- 242A, and 100-244, based on the Building Inspector's March 3, 2004 Notice of Disapproval, amended March 25, 2004, concerning a new dwelling, after substantially reconstructed to replace an existing dwelling, with expansion. The new construction will increase the degree of nonconformance or create a new nonconformance with: (a) a single side setback at less than 10 feet, (b) total combined side yards at less than 25 feet, (c) a setback from the bulkhead at less than 75 feet. Location of Property: 1955 Bay Shore Road, Greenport; CTM 53-4-10. Page 4 - Minutes Special Meeting - November 4, 2004 Southold Town Board of Appeals DENIALS, WITH GRANT OF AL TERNA TIVE RELIEF WITH CONDITIONS, continued: KEVIN and SUSAN FERRELL #5538. Request for a Variance under Section 100-239.4A based on the Building Department's April 19, 2004 Notice of Disapproval, amended May 18, 2004. Applicants propose a deck addition and pool at less than 100 feet from the top of the Sound bluff, at 130 Lloyds Lane, Mattituck; CTM 99-3-4.6. KEVIN MILLER #5581. Request for a Variance under Section 100-33, based on the Building Department's May 28, 2004 Notice of Disapproval concerning a garage proposed in a front yard rather than the code-required rear yard, at 600 Wunneweta Road, Cutchogue; CTM 104-11-13 (End of decisions). III. PUBLIC HEARING: (None held) IV. OTHER (RESOLUTION/UPDATED REVIEWS): A. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to authorize advertising of new applications for public hearings to be held on Thursday, November 18, 2004. Ayes: All. This Resolution was duly adopted (5-0). B. DISCUSSION; RESOLUTION: Regarding Term of ZBA Position to expire 12/31/04 (held by Lydia Totora). Motion was offered by Member Goehringer, seconded by Chairwoman Oliva, recommending reappointment of Lydia Tortora as a Member of the Board of Appeals for an additional five-year term as member of the Board of Appeals. Vote of the Board: Ayes: Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Tortora. This Resolution was duly adopted (5-0). C. The 2005 Tentative Budget Proposal for the ZBA Department was reviewed and discussed. V. EXECUTIVE SESSION was held. The Board discussed recent litigation (Zupa v. ZBA), and personnel. . . . There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 8:13 p.m. Respectfully submitted, ~:.. ~j/ ", ,>la't( ttl !n'cz.Lz/C( mda Kowalski 11/8/04 1~~:~~R~re'l\kff~~BA Decisions (15) Ruth D. Oliva, Chairwoman - Approved for Filing