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Home My WebLink AboutZBA-09/07/2004 Special - ,r 'f. ~~ L APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio. Jr. ~~\) c¡,UfFOl.t ~ '~.~ § ~I:I = ~ .". :a: 'ð ~ 1ft}". .'\.\)~ ~ </.j . i-~ http:,.....'ioutholclW\\'n.northfork.net BOARD OF APPEALS TOWN OF SOUTH OLD MINUTES SPECIAL MEETING TUESDAY, SEPTEMBER 7, 2004 Southold Townl'lall 53095 Main Road P.O. Box 1179 Southold. NY 11971-0959 Tel. (631) 765-1809 Fax(631) 765-9064 RECEIVED 't~ ,. Mt·" NOV 8 2004 .<If) . ^ f .'rl./??{.: . c:..¿,~¡'-(. ,...1&, South~ld Town Clerk A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Annex Conference Room, North Fork Bank Building, Corner of Main Road and Youngs Avenue, South old, New York 11971, on Tuesday, September 7, 2004 commencing at 6:10 PM. Present were: Ruth D. Oliva, Chairwoman/Member Vincent Orlando, Vice-Chairman/Member Gerard P. Goehringer, Member Lydia A. Tortora, Member James Dinizio, Member Linda Kowalski, ZBA Confidential Secretary. 6:10 PM. The meeting was called to order by Chairwoman Oliva. · . . AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. No State Environmental Quality Review Act declarations were declared at this time, pending reviews. · . . II. No public hearings were held at this time. · . . III. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: A. PH was concluded 6/22/04 pendino applicant's submission: 8/25 submission of enoineer letter to ZBA: 9/3 submission of alternative plan reducino lot coveraoe): Denial with Grant of Alterative Relief: BRYAN VILLANTI and INGER BOYAJIAN #5540. Request for a Variance under Sections 100-242A, 100-244 and 100-239.4B based on the Building Department's April 28, 2004 Notice of Disapproval concerning a proposed deck addition. The reasons stated are that Section 100-242A and Interpretation in Appeal #5309 does not permit new Page 2 - Minutes Special Meeting held September 7, 2004 Southold Town Board of Appeals nonconformance or increased degree of nonconformance, that Section 100-244 requires front and rear setbacks at a minimum of 35 feet and lot coverage at less than 20% for all building area, and that Section 100-239.4 requires a minimum 75 ft. setback from the bulkhead. Location: 2400 Bay Avenue, East Marion; CTM 31-16-8. B. PHs were concluded 8/19: Aøøroved as Aøølied: JEFFREY S. SMITH #5566. Request for a Variance under Sections and 100-244, based on the Building Department's June 15, 2004 Notice of Disapproval, for the reason that the lot coverage with the proposed addition will exceed the code limitation of 20 percent. Location: 955 Pequash Avenue, Cutchogue; CTM 103-7-22. JAMES AND SARA GARRETSON #5571. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's June 28, 2004 Notice of Disapproval, amended July 20, 2004, citing the lot coverage limitations of 20% of the code and 24+- percent as exists.. The applicant proposes a porch addition which will increase the existing nonconforming lot coverage, at 1620 Village Lane, Orient; CTM 24-2-16. LAWRENCE AND JOAN ANDERER #5570. Request for a Variance under Sections 100- 242A and 100-244, based on the Building Department's June 2, 2004 Notice of Disapproval, for the reason that the additions/alterations will be less than 10 feet on a single side yard, and less than 25 feet for both side yards. Location: 950 Strohson Road, Cutchogue; CTM 102·10-24. FITNESS ADVANTAGE #5582 (Owners: W. & E. Hufe). Request for a Special Exception under Section 100-101B, based on the Building Department's July 19, 2004 Notice of Disapproval, for conversion of the existing commercial building to a recreationallfitness facility. Location: 3750 Youngs Avenue, Southold; CTM 55-2-16. Zone District: B Business. WHITNEY B. ARMSTRONG_#5577. Request for a Variance under Section 100-239.4A.1, based on the Building Department's March 19, 2004 Notice of Disapproval, amended May 14, 2004, for the reason that the proposed dwelling will be less than 100 feet from the top of the bluff or bank adjacent to the Sound. Location: North Side of Clay Point Road, Fishers Island; CTM 2·1-11.3. FISHERS ISLAND CLUB, INC. #5533. Request for a Special Exception under Section 100- 31B(7) for construction of tennis pavilion buildings, which includes a pro shop with office, bathroom, screened porch area, for private use by the club membership. Location of Property: South Side of East End Road, Fishers Island; CTM 4-6-9. ISLAND HEALTH PROJECT, INC.lFIDCO #5578. Request for a Variance under Section 100- 31C(2), based on the Building Inspector's March 16, 2004 Notice of Disapproval, amended April 8, 2004 for the following reasons: (1) the proposed dwelling appears to be designed as a "health clinic" as opposed to a doctor's home professional occupation/office, and (2) the proposed accessory use as a doctor's office measures 1650 sq. ft. in total size, encompassing more than 50 percent of the total building, and in excess of the code limitation of 500 sq. ft. of floor area. Location of Property: North Side of Central Avenue, Fishers Island; CTM 6-6-20.7. I I I I I . P·age 3 Minutes Special Meeting held September 7. 2004 Southold Town Board of Appeals Oenial with Grant of Alternative Relief: CLEAVES POINT CONSTRUCTION CORP, #5576. Request for a Variance under Section 100-244B, based on the Building Department's May 7, 2004 Notice of Disapproval, amended June 18, 2004, stating that the proposed dwelling will be less than 35 feet from the rear yard line, at 2045 Gillette Dr., East Marion; CTM 38-3-13. DOMENICO RACANELLI #4452. Request for Variances under Section 100-244, based on the Building Department's May 4, 2004 Notice of Disapproval concerning a proposed dwelling with attached garage at less than 35 ft. from the front and rear lot lines, and less than 10 feet on a single side yard, and lot coverage in excess of the code limitation of 20% for all building area. 3300 Manhasset Avenue, Greenport; 43-4-19. Aøøroved with Conditions: RONNIE and JANICE SOFFER #5563. Request for a Special Exception under Article III, Section 100-30A.2B and 100-31B, sub-sections 14a-d of the Southold Town Zoning Code for an Accessory Bed and Breakfast, accessory to the owner's occupancy in this single- family dwelling, for lodging and serving of breakfast to not more than six (6) casual and transient roomers, clearly incidental and subordinate to the principal use of the owner's residence at 25100 Main Road, Orient; CTM 18-6-6. ELIZABETH TWOMEY #5579. Request for a Variance under Section 100-242A and 100-244, based on the Building Department's July 19, 2004 Notice of Disapproval, stating that the "as built" deck does not meet ZBA Condition No. 4502 rendered 8/28/97. for a size 8' x 12' when located less than 35 feet from the front property line. The "as built" deck is an increase in degree of nonconformance (ref. length). Location of Property: 135 Calebs Way, Greenport; CTM 40.1-1-60. IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. The Board's next Regular Meeting was confirmed for Tuesday, September 14, 2004 commencing at 9:30 AM, at the Southold Town Hall, Court/Meeting Room. Chairwoman Oliva requested the presence of ZBA Town Counsel, if possible, for this meeting. B. The Board's next Special Meeting was confirmed for Thursday, October 7, 2004 commencing at 6 PM at the Town Annex Conference Room, North Fork Bank Building, for the purpose of continued work reviews of new and pending files; possible deliberations/actions and agenda item carryovers from September 14, 2004 meeting. C. The October 21, 2004 hearing calendar was confirmed ready for advertising, commencing at 9:30 AM. V. No Executive Session was 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, · " Page 4 - Minutes Special Meeting held September 7, 2004 Southold Town Board of Appeals Chairwoman Oliva declared the meeting adjourned at 7:25 PM. Respectfully submitted, ';::/, ICd..CL ~1/ cú'ù-i ( ..:fnija Kowalski 9/29/04 d by Reference: Original ZBA Decisions As Filed with Town Clerk: (12) f;J.rs Approved for Filing 'It.-