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Home My WebLink AboutZBA-04/14/2005 SPECAPPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. ~631~ 765-1809 · Fax (631~ 765-9064 Southold Town Hall 53095 Main Road · RO. Box 1179 Southold. NY I 1971-0959 Office Location: Town Annex/First Floor. North Fork Bank 54375 Main Road (at Youngs Avenue~ Southold. NY 11971 MINUTES SPECIAL MEETING THURSDAY, APRIL 14, 2005 '~.. A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971-0959, on Thursday, April 14, 2005 commencing at 5:50 p.m. Ruth O. Oliva, Chairwoman/Member Vincent Orlando, Member Gerard P. Goehringer, Member James Dinizio, Member Michael A. Simon, Member Linda Kowalski, ZBA Assistant and Secretary 5:50 p.m. Chairwoman Oliva called the meeting to order. The Board proceeded with the first item on the Agenda as follows: 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: Approvals with Conditions: Richard and Eleanor Coffey Ref. 5645 Romanelli Realty/Buds Reliable Ref. 5679 Robeda Elwell Ref. 5681 John and Joy Gallagher Ref. 5682 Robed K. Scripps Ref. 5685 Maurice and Patricia Scannell Ref. 5688 Denial with Grant of Alternate Relief'. Frank Martorana Ref. 5650 Approvals as Applied: Bernard Springsteel Ref. 5674 Gregory B. and Barbara Wood Ref. 5677 Janet Healy Ref. 5683 William and Janice Claudio Ref. 5655 J. Papadopoules Ref. 5687 David and Barbara Dash Ref. 5672 Deniah Barbara Kellc #5670 Page 2 -Minutes Meeting held April 14, 2005 Southold Town Board of Appeals IV. RESOLUTIONS/OTHER ACTION: Motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to authorize advertising of applications in complete form for public hearings to be held on Wednesday, May 4, 2005: 9:35 a.m. CLIFFORD SCHRIEFER, JR. #5689. Request under Section 100-26 for a Waiver to unmerge CTM 1000~70-8-8 (vacant land) from CTM 70-8-9 (improved). Based on the Building Inspector's November 24, 2004 Notice of Disapproval, the properties have been merged under Section 100-25. Location of Property: 700 and 800 Gardiner's Lane, Southold. 9:40 a.m. REED AND JANE RUBIN #5697. Request for a Variance under Section 100-32, based on the Building Department's March 21, 2005 Notice of Disapproval, concerning partial reconstruction of the existing upper level (proposed addition/alterations) for the reason that the height will be increased from 2.5 stories to three stories. Location: 530 Private Road #8 extending off the north side of S.R. 25, East Marion; CTM 23-1-1. 9:45 a.m. DECLAN MEAGHER #5698. Request for a Variance under Section 100-239.4B, based on the Building Department's March 7, 2005 Notice of Disapproval concerning a proposed swimming pool at less than 75 feet from bulkhead, at 750 Blue Marlin Drive, Southold; CTM 57-1- 29. 9:60 a.m. JOHN and SUSAN CORBLEY #5675. Request for a Special Exception to authorize an Accessory Bed and Breakfast as provided under Article III, Section 100-31B~14 of the Zoning Code, for the renting of up to two rooms in the applicant's owner-occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and transient roomers. Location of Property: 680 Mason Drive, Cutchogue; CTM 104-7-3. 9:55 a.m. DON TISON and DIANE GIARDI #5695. Request for Reversal of the Building Department's February 28, 2005 Notice of Disapproval, concerning a new second-story addition which the Building Inspector states will constitute an increase in the degree of nonconformance at less than 35 feet from front lot line, or alternatively a Variance under Sections 100-242A and 100- 244B, at 170 Laurel Avenue, Southold; CTM 56-3-4. 10:00 a.m. DONALD and SANDRA ANNINO #5663. Request for a Variance under Section 100- 244, based on the Building Department's December 1, 2004 Notice of Disapproval concerning a proposed addition with alterations at less than 50 feet from the rear lot line, at 1400 Hiawathas Path, Southold; CTM 78-3-48. 10:10 a.m. EUGENE AND GEORGENE BOZZO #5668. Request for a Variance under Sections 100-242A and 100-244B, based on the Building Department's Notice of Disapproval amended August 2, 2004, for relief from Condition No. 2 under ZB Decision 5567 rendered October 7, 2004, for an elevated lower deck, at 4135 Camp Mineola Road, Mattituck; CTM 123-5-27. 10:30 a.m. KRAUSE FAMILY TRUST #5700. Requests for (a) Reversal of Building Department's November 8, 2004 Notice of Disapproval concerning its determination that the building is designed for a second dwelling use, and (b) Variance under Sections 100-242A, 100~ 33C, 100-31A, for additions and structural alterations to existing accessory barn which will increase the degree of nonconformity with setbacks at less than 50 feet from the front lot line, at 1212 New Suffolk Avenue, Cutchogue; CTM 116-6-10.2. Page 3 - Minutes Meeting held April 14, 2005 Southold Town Board of Appeals RESOLUTIONS/OTHER ACTION, Continued: Resolution for May 4, 2005 Hearings: 10:50 a.m. DONNA COOK #5638. Location of Property: 25 and 425 Private Road #12 (also known as Windy Point Lane), Southold. Based on the Building Department's August 27, 2004 Notice of Disapproval, amended November 10, 2004, the applicant requests: A) Waiver under Section 100-26 to unmerge properties referred to as CTM 1000-78-6-9.2 and 9.3; sq. fi. to !3,500+ sq. fi., and increese cf CTM. !000 79 6 9.2 from 6,998 sq. ft. to 7,500+ .*..~A~;..~. * .........; .....*~.~ (B was withdrawn by applicant before PH) ...... Wi. Vi .V ~.,,..V,~:I~ IV 11:05 a.m. JOANN WALKER #5623. This is a request for Variances under Section 100-239.4b, based on the Building Department's May 7, 2004 Notice of Disapproval, a.m. ended May 20, 2004, September 17, 2004, October 1, 2004, and February 7, 2005, for proposed additions (second-story addition, swimming pool, and other construction) at less than 75 feet from the bulkhead, at 290 Town Harbor Terrace, Southold; CTM 66-1-33. 1:00 p.m.W. BRUCE and MARY ANN BOLLMAN #5680. Request for Variances under Section 100-244, based on the Building Department's February 3, 2005 Notice of Disapproval, concerning an application for a building permit to substantially remove or demolish existing dwelling, and to construct a new single-family dwelling: (1) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent, and (4) at less than 75 feet from the bulkhead. Location: 1755 Trumans Path, East Marion; CTM 31-13-4. 1:10 p.m. JOHN and GEORGE GIANNARIS #5699. Request for a Variance under Section 100- 82, based on the Building Department's February 24, 2005 Notice of Disapproval concerning proposed additions and alterations to existing restaurant within 100 feet of the front lot line along NYS Route 25. Location of Property: Hellenic Restaurant, 5145 Main Road, East Marion; CTM 35-2-14. Zone: Limited Business. 1:20 p.m. PANAGIOTIS KANARAS #5690. Request for a Lot Waiver under Section 100-26 to unmerge properties referred to as CTM 1000-106-5-32 and 1000-106-5-33. The properties have been held in common ownership as noted in the Building Department's January 28, 2005 Notice of Disapproval and Section 100-25. Location of Property: 480 Ruth Road, Mattituck. 1:30 p.m. JANET LARSEN and CAROL WITSCHIEBEIN #5701. Request for Variances under Sections 100-242A and 100-244, based on the Building Department's March 18, 2005 Notice of Disapproval, for the reason that the proposed additions will constitute an increase in the degree of nonconformance with less than 15 feet minimum on a single side yard, at 1000 Sound Beach Drive, Mattituck; CTM 99-1-5. 1:40 p.m. ANTHONY AND DANIELLE CACIOPPO #5686. Request for a Variance under Section 100-244, based on the Building Department's October 14, 2004 Notice of Disapproval, amended December 23, 2004, concerning additions with alterations to the existing single-family dwelling at less than 40 feet from the front property line, at 1455 Inlet Way, Southold; CTM 92-%4. · Page 4 - Minutes Meeting held April 14, 2005 Southold Town Board of Appeals RESOLUTIONS/OTHER ACTION, Continued: Resolution for May 4, 2005 Hearings: 1:50 p.m. GEORGE D. KOFINAS #5693. Request for a Variance under Section 100-30A.3, based on the Building Department's February 16, 2005 Notice of Disapproval, concerning proposed additions with alterations at less than 15 feet for a minimum side yard, at 552 East Road, Cutchogue; CTM 110-7-18.2. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5-0). Brief reviews of pending files and general discussions by Board Members followed. EXECUTIVE SESSION: Chairwoman Oliva moved to enter into Executive Session for the purpose of discussing pending litigation (M. Pisacano Property in Mattituck). The motion was seconded by Member Orlando, and duly carried. This Resolution was duly adopted (5-0). There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:05 p.m. Respectfully submitted, Linda Kowalski 5/16/05 Included by Reference: Filed ZBA Decisions (14) Ruth D. Oliva, Chairwoman 5/~'~'/05 Approved for Filing RECEIVED wAY 2 0 2005 n Clerk