HomeMy WebLinkAboutZBA-10/21/2004
t~\X· (
v~
v
.
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Lydia A. Tortora
Vincent Orlando
James Dinizio, 1r.
http:/'southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, OCTOBER 21,2004
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Tel, (631) 765-1809
Fax (631) 765-9064
~EIVED
. 3' J0!/~\
<y,
NOV 2 2004
œ~02f,.,II".
southold Town Clerk
A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the South old
Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, OCTOBER 21,2004
commencing at 9:30 a.m.
Present were:
Ruth D. Oiiva, Chairwoman/Member
Lydia A. Tortora, Member
James Dinizio, Member
Vincent Orlando, Member (left at 11 :45 AM)
Gerard P. Goehringer, Member (left 3:15 PM)
Also present were:
Kieran Corcoran, Assistant Town Attorney (left 3:20+-),
Linda Kowalski, ZBA Confidential Secretary
9:34 a.m. 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 DETERMINATIONS (SEQRA):
BOARD RESOLUTION: Motion was made by Member Goehringer, seconded by Member Orlando, to
declare the following Negative Declarations with No Adverse Effect for the following projects as
su bm itted:
Tvpe II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and
breakfast requests):
WILLIAM and SUZANNE CONNELL #5594
JEROME and DEBORAH ZUHOSKI #5591.
JAMES and EILEEN BUGLlON #5602.
JEANNE LAPORTA #5593.
JIMMY FALBO #5592.
f Page 2 - Minutes
Meeting held Ocwber 21, 2004
Southold Town Board of Appeals
'.
MARION GOTBETTER and CARMEN RAMiS.
JAMES and MAURA O'MALLEY #5596.
PETER and MARY JACOBS #5604.
FREDERICK YAROSH and SHEILA FURLONG #5614.
CHRISTOPHER MOHR #5603.
JANE GOELLER #5597.
WILLIAM and DONNA GOGGINS #5601.
MULLEN REALTY, L.P.lRWM ENTERPRISES, INC. #5598 and #5599.
LINDSEY and SHELLEY SCOGGIN #5622.
ORIENT FIRE DISTRICT #5408.
This Resolution was duly adopted (5-0).
. . .
II. CARRYOVER FOR POSSIBLE DELIBERATIONS:
(Deliberations reserved. No action taken.) 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: 1955 Bay Shore Road, Greenport; CTM 53-4-10. The Board Members viewed the
cardboard model of the proposed dwelling delivered 10/19 by the Applicants' Architect. No action was
taken and the deliberations were reserved until later.
Ill. THE FOLLOWING PUBLIC HEARINGS WERE HELD:
9:35 AM GORDON AND DIANE TYRER #5580 (PH 9/14 carryover for testimony). Request for a
Variance under Section 100-33, based on the Building Department's April 2, 2004 Notice of Disapproval,
concerning a garage proposed in a side yard rather than the code-required rear yard, at 255 Oriole Drive,
Southold; CTM 55-6-15.26. Mrs. Diane Tyrer and Craig Richter appeared and offered testimony. (There
was no opposition submitted during the hearing. (Please see transcript of written statements prepared
under separate cover.) BOARD RESOLUTION: Following testimony, motion was offered by Chairwoman
Oiiva, seconded by Member Orlando, to close the hearing, reserving decision. This Resolution was duly
Page 3 – Minutes
Meeting held October 21, 2004
Southold Town Board of Appeals
adopted (5-0).
DELIBERATIONS/DECISION #5580: Approved with conditions – see original on file with the
Town Clerk and incorporated herein as though written and set forth herein.). Member Orlando moved to
approve the application.
9:41 AM KEVIN MILLER #5581
(PH 9/14 carryover for additional information; letter submitted by
Request for a Variance under Section 100-33, based on the Building
applicant 10/15 for Board review)
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. The Board
Members were in receipt of the 10/15 submission
from the applicant’s agent confirming landscape, right-
Mr. Tom McCarthy
of-way specs offered as condition of approval, etc. appeared and spoke in behalf of
the applicant. Opposing were Xaviour Fleming and Basil Acuito, nearby property owners. (Please see
Following
transcript of written statements prepared under separate cover.) BOARD RESOLUTION:
testimony, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, to close the
hearing, pending the outcome of Mr. McCarthy’s proposal regarding an alternative roof height or design
(discussed during the hearing). This Resolution was duly adopted (5-0).
10:08 AM 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. William and Suzanne Connell each offered testimony in behalf of their
application. Mr. and Mrs. Peter Kenny, adjacent property owners, both spoke and offered reasons for
concerns with the setback and after reviewing the map before the Board, reasons for their objection to the
application for the addition. BOARD RESOLUTION: Motion was offered by Chairwoman Oliva, seconded
by Member Goehringer, to close the hearing, and leave the written portion of the record open for two
weeks for comments on this application. Ayes: Oliva, Tortora, Goehringer, Orlando. Nay: Dinizio. This
Resolution was duly adopted (4-1).
(Please see transcript of written statements prepared under separate
cover.)
10:40 AM 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. Mr. Jerry Zuhoski offered testimony in support of his application. (No opposition was received.)
The plan prepared by Chuck Thomas date-stamped 9/17/04 by ZBA shows proposed roof over portion of
existing masonry stoop maintaining 8’ setback; house front wall is 19’4” from front line along Freeman
Ave. Also proposed 20x24 ft. addition at the west side of house with 21’4” from front lot line, instead of 35
ft. code requirement. BOARD RESOLUTION: Following testimony, motion was offered by Chairwoman
Oliva, seconded by Member Orlando, to close the hearing, reserving decision. This Resolution was duly
adopted (5-0).
(Please see transcript of written statements prepared under separate cover.)
10:42 AM KEVIN & SUSAN FERRELL #5538. (This was a carryover from the 8/19 PH at applicant’s
request to submit engineering information; alternative plan submitted 10/7 for Board review.) Request for
a Variance under Section 100-239.4A based on the Building Department's April 19, 2004 Notice of
, Page 4 - Minutes
Meeting held October 21 , 2004
Southold Town Board of Appeals
from the top of the Sound bluff, at 130 Lloyds Lane, Mattituck; CTM 99-3-4.6. The applicant's agent
submitted a letter 10/20 confirming that an engineer certification was no longer necessary because they
have revised the plan since the last public hearing. BOARD RESOLUTION: After receiving testimony,
motion was offered by Chairwoman Oliva, seconded by Member Orlando, and duly carried, to conclude
the hearing, reserving decision until later. This Resolution was duly adopted (5-0). (Please see transcript
of written statements prepared under separate cover.)
11:07 AM 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. The owners'
sketch indicated a proposed 4' x 58' front extension for porch plus 8'10' front step area and deck
wI steps. The Joseph Ingegno survey 2/21/01, last revised 8-24-04 shows a 36' setback (without
the step setback, The applicant confirmed the step area 10' out from porch. (The side view
diagram shows a lower and upper open porch with roof over, lower than existing 33' height of
house. It was also noted that inspection found the porch exists, recently placed, and a building
permit (#30219 issued 4/6/04) for rear deck, a covered porch, portico, dwelling, with closest
setback at 40 ft. from Gagens Landing Road front line per 11/11/03 revised survey. (No opposition
was submitted.) BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to conclude the hearing.
This Resolution was duly adopted (5-0). (Please see transcript of written statements prepared under
separate cover.)
11:12 AM 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 north side of Route 25,
Orient; CTM 18·3·3. Mr. Alfred laPorta, father of the applicant, offered testimony in support of the
application, (No opposition was submitted). Board Members indicated concern for the condition
of the right-of-way in that it did not appear to meet the fire access clearance of codes. BOARD
RESOLUTION: Chairwoman Oliva moved to send a memo regarding contact and enforcement of
codes in this regard, reserving decision. The motion was seconded by Member Goehringer, and
duly carried (5-0), (Please see transcript of written statements prepared under separate cover.)
11:20 AM 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.
11 :28 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. Marion Gotbetter offered testimony
and appeared with Frank Uellendahl, Architect. Chairwoman Oliva moved to close the hearing, reserving
.·Page 5 - Minutes
Meeting held October 21, 2004
Southold Town Board of Appeals
.&
decision untii later. Member Goehringer seconded by motion, and the Resolution was duly adopted (5-0).
11 :32 AM 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, alkla
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. Doug
McGahan of Bay Creek Builders offered testimony, with Mr. and Mrs. O'Malley, and Mr. and Mrs.
Maguire. Opposing the application were nearby homeowners: Mr. Bill Higgin, Mrs. Pat Sitler who offered
testimony with reasons against the application. BOARD RESOLUTION: Motion was offered by
Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to close the hearing, reserving
decision. This Resolution was duly adopted (4-0). (Please see transcript of written statements prepared
under separate cover.)
(Member Orlando left at 11 :45 AM during the O'Malley hearing.)
12:08 PM PETER AND MARY JACOBS #5604. Request for a Variance under Section 100-244, based
on the Building Inspector's August 30, 2004 Notice of Disapproval, concerning a new dwelling which will
exceed the 20% code limitation for iot coverage, at 940 Gillette Drive, East Marion; CTM 38-2-10. Mr.
and Mrs. Jacobs appeared and spoke in behalf of their application. It was not until this week that the
applicants became aware that the front setback of the proposed porch was 31' front yard setback, since
the survey indicated a "35" between the front line and the porch. Yesterday an amended Notice of
Disapproval was issued for lot coverage is 22.38% based on the new 9/1/04 survey. The J. Ehlers
survey 3/1/04, amended 9/1/04, shows 6' x 52' proposed roof over 4'x52' section of porch, 31' from
front lot line and 296 sf lot coverage (6x52, less 1 'x16, = 296), or 22.96% total. Options for the
applicant explained during the hearing were: (1) to obtain an amended Notice of Disapproval from the
Building Department for the reduced front yard (in addition to the lot coverage variance), and adjourn the
hearing for additional notices under Ch. 58; or (2) proceed without the 4' reduction and withdraw the
variance; or (3) obtain an amended survey showing a 31' rear yard instead of a 31' front yard, then to
submit the amended map to the Building Department for review and further amendment, and additional
notices under Ch. 58 would also be required. BOARD RESOLUTION: Motion was offered by Member
Goehringer, seconded by Chairwoman Oliva, to adjourn the hearing to December 16, 2004, pending the
outcome by the applicants as to how they will be proceeding. This Resolution was duly adopted (4-0)
(Please see transcript of written statements prepared under separate cover.)
12:13 PM 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 iot 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. The applicant proposes 2297 sf. less 99 sf for shed = 2198 sf. = 21.84% per
9/21 breakdown includes upper and lower level overhangs, etc.; deck and porch extending 12' from face
Page 6 - Minutes
Meeting held October 21. 2004
Southold Town Board of Appeals
of house, 31'4" in length. (The first 12'8" of length is a screened-in porch per 9/23 clarification by Kim
Furlong.) Setbacks requested: 34'2" from foundation to East Gillette Dr.; also 33' to edge of overhang of
deck to Cieaves PI. Rd. front lot line. 17'9" and 25' setbacks to remain from front line facing Cedar Lane
per site plan date stamped 9/21/04, dated 7/30104 by Todd Walbourn, Arch and K. Furlong, Designer.
The applicant also confirmed they tried to reach the immediate neighbor George Siderakis about
concerns, and prepared a written reply (added to the file 10/21). Mr. Siderakis was also present and
spoke in opposition with concerns. BOARD RESOLUTION: After receiving testimony, motion was
offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to conclude the
hearing. This Resolution was duly adopted (4-0). (Please see transcript of written statements prepared
under separate cover.)
12:26 PM 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. A reply received 10/20 from the PB was added to file. ZB File notes: 40x52 building,
12" overhang, elev. 19' to top of peak, 12' to eaves; mean height: 12 feet. The site plan dated 8/12/04
shows two buildings and proposed 1-1/2 story barn 75' setback from front line along Middle Road (CR
48), 20' from west side; plus 20')(48' one-story out building 100 ft. front setback and 20' on east side.
Landscape and handicap areas were also identified. Accessory building 52' x 40' located at rear of
property, 5 ft. from rear line and 5' from west side line. Also of record, Building Permit #30228 issued per
PB site plan for accessory garage under construction. Mr. Mohr agreed to a 10' setback as an alternative
when asked by Board Member(s) during the hearing. (No opposition was submitted.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by
Member Goehringer, and duly carried, to conclude the hearing, reserving decision. This Resolution was
duly adopted (4-0). (Please see transcript of written statements prepared under separate cover.)
A short break was taken from 12:30 - 12:52 PM.
Chairwoman Oliva reconvened the meeting at 12:52 PM, and proceeded with Agenda items, as follow
III. PUBLIC HEARINGS, CONTINUED:
12:53 AM 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.
Offering testimony in behalf of the applicant was Bruce Anderson, as agent. Mr. Anderson also submitted
extra copies of details in support of the application with exhibits for all members. (No opposition was
submitted.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva,
seconded by Member Goehringer, and duly carried, to conclude the hearing. This Resolution was duly
adopted (4-0). (Please see transcript of written statements prepafifd under separate cover.)
1:10 PM WILLIAM and DONNA GOGGINS #5601. Request fo Variances under Sections 100-30A.3,
· Page 7 - Minutes
Meeting held October 21, 2004
Southold Town Board of Appeals
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. Bill Goggins offered
testimony in behalf of his application. Opposing the application was Eric J. Bressler, Esq. in behalf of
Patsy Rogers, adjacent homeowner. BOARD RESOLUTION: After receiving testimony, motion was
offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to conclude the
hearing, reserving decision. This Resolution was duly adopted (4-0). (Please see transcript of written
statements prepared under separate cover.)
1:42 PM MULLEN REALTY, L.P. and RWM ENTERPRISES, INC. #5598.gg and #5599.lt -Location of
Properties: 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), 1 00-1 03A & 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 100-101 B(12).
Appeal No. 5599: Request for a Variance under Section 100-102 (Bulk Schedule) for proposed
Parcell! 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.
The PB correspondence in reply to the ZBA's coordination memorandum was received and made
a part of the file on 10/20. Appearing was Richard F. Lark, as attorney, with testimony for the
applicants. (No opposition was offered during the hearing.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer,
and duly carried, to conclude the hearing. This Resolution was duly adopted (3-0). (Please see
transcript of written statements prepared under separate cover.) Ayes: Oliva, Tortora, Goehringer,
Tortora. (Absent was: Member Orlando.)
(Member Tortora was out of the room between 2:17 and 2:25)
2:17 PM LINDSEY & SHELLEY SCOGGIN #5622. Request for a Variance under Section 100-242A
and 100-244, based on the Building Inspector's September 14, 2004 Notice of Disapproval concerning a
proposed dormer above the first floor, disapproved for the reason that the addition will be an increase in
the degree of nonconformance with a front yard setback of less than 35 feet. 2220 Pine Tree Road and
Bittersweet Lane, Cutchogue; CTM 104-2-8. Mrs. Shelley Scoggin offered testimony in behalf of her
application. (No opposition was submitted.) BOARD RESOLUTION: After receiving testimony, motion
was offered by Chairwoman Oliva, seconded by Member Dinizio, and duly carried, to conclude the
. Page 8 - Minutes
Meeting held October 21, 2004
Southold Town Board of Appeals
hearing. This Resolution was duly adopted (3-0). (Absent were: Members Tortora and Orlando.)
DELIBERATIONS/DECISION: Appl. No. 5622 - L. and S. Scoggin - Approved as applied for.
Please see original Findings, Deliberations, Decision filed with the Town Clerk and incorporated by
reference as though fully set forth herein.
. .
2:25 - 5:00 PM AT&T WIRELESS, OMNIPOINT FACILITIES NETWORK 2, LLC, AFFORDABLE
HOUSING ASSOCIATES. INC. DIBIA BEACON WIRELESS MANAGEMENT, ORIENT FIRE DISTRICT
#5408. Location of Property: Orient Firehouse Parcel, 23300 Main Road, Orient; CTM 18-5-13.8; Zone
District: R-80. Requests for:
(1) Variances under Sections 100-162A(3) and 100-165B, based on the Building Inspector's
April 23, 2004 Notice of Disapproval, amended May 2, 2004 and June 3, 2004, concerning a
proposed telecommunications tower at 125 ft. height with antenna, and related equipment.
The reasons stated for disapproval are that the telecommunications tower: (1) does not meet
the code requirements with a proposed height at 125 feet, (2) is not permitted to be located
within 300 feet of historic properties, CTM 18-5-15.1, 18-5-11.1, and (3) is not permitted on a
nonconforming lot size, or lot containing less than a minimum lot area in a residential district
of five (5) acres.
(2) Special Exception under Section 100-162A(3) to construct telecommunications tower.
Edward J. Boyd V, Esq. offered testimony in behalf of the Orient Fire District, and offered to furnish
copies of recent court decisions (City of Rochester) referred to in his testimony. Also offering testimony,
in behalf of co-applicants, was Lawrence Re, Esq. of Munley Meade Nielsen & Re, Esqs. Mr. Martin
Trent, Commission of the Orient Fire District, Fred Terry, 1st Assistant Chief of the Orient Fire District; Lt.
Bill Sawicki of the South old Town Police Department, Mr. Bill Scheibel of ELI Electronics, Mike Walker,
Registered Architect, Nicholas Balzano of Pier Con Solutions, Donna Marie Stypo, Planner; Ronald
Petersen (Electronics Engineer Consulting), Wireless Safety), Natalie Noel. Opposing were: Ed Reale,
Esq. representing the Orient Association, Freddie Wachsberger, John Mclin sky, Frances McCarther, R.
Gillooly, Stanley Droskoski (former Chief, South old Town Police Department; Mrs. Susan Duffe, Frances
Demarest, Mrs. O'Neill. There were approximately 75 persons in the audience during the hearing. At
approximately 4:45 the board members caucused (reason: procedural question). At 4:52 the board
returned, and it was noted that the Orient Fire District did not require a Special Exception as a special
district (100-162), although the co-applicants do require a Special Exception and variances. Motion was
offered by Chairwoman Oliva, seconded by Member Dinizio, and duly carried, to adjourn the hearing
regarding the area (height) variance request for the Orient Fire District to November 18, 2004 at 1 :00 PM,
and requested the co-applicant public utilities apply separately for processing under Section 100-162
(instead of a dual application with separate requests). (Member Goehringer during the hearing at 3:15.)
This Resolution was duly adopted (3-0). (Absent were: Members Orlando and Goehringer.)
"0 Page g - MinuteS'
. Meeting held October 21, 2004
Southold Town Board of Appeals
· . .
IV. POSSIBLE RESOLUTIONSIUPDATED REVIEWS/OTHER:
A. Deliberations/decisions:
B. The Board confirmed its scheduled Special Meeting 6 PM 11/4/04 at Town Annex
Conference RoomlNFB Building, Youngs Avenue and Main Road, Southold; agenda items
may include work session; continued work reviews of new files for future calendars; possible
findings/decisions on carryovers.
· . .
V. EXECUTIVE SESSION (none held).
· . .
Brief reviews of pending files and general discussions by Board Members followed.
. . .
There being no other business properly coming before the Board at this time,
Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 5:00 p.m.
Respectfully submitted,
f¡1¡ßt ~/'¿ohÞ.
'olinda Kowalski 10/22/04
Secretary, Board of Appeals
Approved for Filing