HomeMy WebLinkAboutZBA-02/02/2006 SpecialAPPEALS BO,ARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.north fork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
MINUTES
SPECIAL MEETING
THURSDAY, FEBRUARY 2, 2006
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/Fh*st Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
RECEIVED
UAR 2 7 2006
Southold Town Clerk
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, February
2, 2006 commencing at 6:00 p.m.
Present were:
Ruth D. Oliva, Chairwoman/Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Linda Kowalski, ZBA Assistant and Secretary
Absent was: Gerard P. GoehringeflMember
6:00 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:
ZBA File 5822 - James Neumann
ZBA File 5830 - Tim Trujillo and Paula Daniel
ZBA File 5809 - John and Nina Winter (Owner: MA TINE, INC.)
ZBA File 5824 - Susan Rogers Grun
ZBA File 5815 - Edgewater II, LLC
ZBA File 5831 -Jon and Kathleen Ma.no
ZBA File 5829 - Pat lavarone
ZBA File 5814 - George and Elizabeth Ireland
Denial with Grant of Alternate Relief:
ZBA File 5816 - Thomas Landi
APproval as ADD#ed:
ZBA File 5817 - Gregg and Kathi Roberts
ZBA File 5825 - Barbara and Dimon Thermos
Page 2 - Minutes
Meeting held February 2, 2006
Southold q'own Board of Appeals
Denial:
ZBA File 5705 - Philip Milot
RESOLUTIONS/OTHER ACTION:
A. Motion was offered by Chairwoman Oliva, seconded by Member Simon, and duly carried, to authorize
adve/tisincl of aDl~lications in comDlete form for l)ublic hearincls to be held on Thursday. March 2, 2006.
commencincl at 9:30 AM.
9:30 A.M. ClNGULAR/NEXTEL/VERIZON WIRELESS/ORIENT FIRE DISTRICT #5805.
Request for Special Exception under Section 100-162A for public utility telecommunications
antennas to be co-located with the Fire Department's telecommunications antenna and tower
use, and related accessory equipment shelter structure, at the Orient Fire House Parcel, 23300
Main Road, Orient; CTM 18-5-13.8. Zone District: R-80.
1:00 P.M. CHARLES AND LYNN HILL #5823. Request for Variances under Sections 100-33C,
100-242A, and 100-244B, based on the building Inspector's November 16, 2005 Notice of
Disapproval, amended November 29, 2005, concerning proposed additions and alterations to the
existing dwelling and anew accessory garage. The reasons for the disapproval are that: (1) the
additions and alterations will constitute an increase in the degree of nonconformance in an area
located less than the code-required 10 ft. minimum on a single side yard, and (2) the setback of
the new garage is required to be 35 feet from the front yard lot line. Location of Property: 655
Lake Drive, Southold; CTM 80-3-20.
1:10 P.M. ROBERT and DONNA HAASE #5832. Requests for Variances under Section 100-
244, based on the Building Inspector's December 20, 2005 Notice of Disapproval, concerning a
dwelling proposed at less than 50 feet from the rear yard lot line and with lot coverage exceeding
the code limitation of 20% for all building area on this 21,112 square foot lot, at 1695 Greenway
East, Orient; CTM 15-1-11.
1:15 P.M. JIM and KAREN SPEYER #5819. Request for Variances under Section 100-242A
(and 100-244), based on the Building Inspector's October 19, 2005 Notice of Disapproval,
amended January 6, 2006 and February 3, 2006, concerning an application to demolish a
substantial portion of the existing two-story dwelling and reconstruct in the same place with
additions and alterations, constituting an increase in the degree of nonconformance when located
at less than 50 feet from both streets, at 2100 Jackson Street and Fourth Street, New Suffolk;
CTM 117-10-18.1.
1:20 P.M. GEORGE and MARY SIORAS #5838. Request for a Variance under Section 100-
242A and 100-244, based on the Building Inspector's January 3, 2006 Notice of Disapproval,
amended January 18, 2006, concerning proposed additions and alterations to an existing
dwelling, increasing the degree of nonconformance when located less than 35 feet from the front
yard lot line, at 5300 Pequash Avenue, Cutchogue; CTM 110-5-32.
1:25 P.M. KATHLEEN FRALEIGH. Request for a Lot Waiver under Section 100-26, based on
the Building Inspector's October 11, 2005 Notice of Disapproval, to unmerge County Tax Map
Parcel 110-5-42 (vacant area of 20,668+- square feet) accessible from a private right-of-way
extending from the south side of South Cross Road, to be separated from the adjacent land
shown as 110-5-43 (23,893+- square feet), known as 650 West Road, Cutchogue. The entire
merged area of land consists of 44,561+- square feet.
1:35 P.M. EDWARD and ANN O'CONNELL #5843. Request for a Variance under Section 100-
Page 3 - Minutes
Meeting held February 2, 2006
Southold Town Board of Appeals
244, based on the Building Inspector's November 30, 2005 Notice of Disapproval, concerning a
proposed swimming pool exceeding the code limitation of 20% coverage for all building area on
this 10,875 square foot lot, at 620 Marlene Lane, Mattituck; CTM 143-2-22.2.
2:00 P.M. ANGELO and SUSAN M. RENNA #5840. Request for a Reversal, or in the alternative
a Variance, under Sections 100-242A and 100-244, based on the Building Inspector's November
21, 2005 Notice of Disapproval concerning proposed additions and alterations to an existing
dwelling, increasing the degree of nonconformance when located at less than 35 feet from the
rear yard line, less than 35 feet from the front yard lot line, and less than 10 feet on a single side
yard, at Hedge Street, Fishers Island; CTM 1000-10-7-19.
2:05 P,M. PAUL LONG #5841 - Request for Variances under Sections 100-239.4B and 100-244,
based on the building Inspector's December 5, 2005 Notice of Disapproval, amended January 17,
2006 concerning a proposed new dwelling, after demolition of the existing dwelling. The reasons
for disapproving the building permit application are that the new dwelling will be: (1) less than a
total side yard (both sides) of 25 feet, (2) less than 75 feet from the bulkhead, and (3) the lot
coverage will exceed the code limitation of 20 percent for all building area with the existing
garage. Location of Property: 3945 Camp Mineola Road, Mattituck; CTM 123-5-30.
2:10 P~M. CAROL FESTA and THOMAS GEPPEL, JR. #5834 - Request for a Variance under
Section 100-33, based on the Building Inspector's November 2, 2005 Notice of Disapproval,
concerning a proposed swimming pool in an area other than the code-required rear yard, at 450
Harborview Avenue, Mattituck; CTM 99-3-21.3.
2:20 P.M. JONATHAN ZANG #5827 - Requests for Variances under Sections 100-33, 100-
239.4B, and 100-244, based on the Building Department's October 26, 2005 Notice of
Disapproval, concerning demolition to the existing dwelling and construction of a new dwelling
and detached, accessory garage. The reasons the building permit application was disapproved
are: (1) that the new dwelling will be less than 75 feet from the bulkhead, (2) that the new
accessory garage will be less than 35 feet from the front yard lot line and will be in a side yard
rather than the required rear yard or required front yard. Location of Property: 370 Takaposha
Road, Southold; CTM 87-6-7.
2:30 P.M. SHINN VINEYARD, INC. and BARBARA SHINN #5836. Location of Property: 2000
Oregon Road, Mattituck, CTM 1000-100-4-3.1 (and 3.2). Requests for: (a) a Variance under
Section 100-32, based on the Building Inspector's December 19, 2005 Notice of Disapproval
concerning proposed additions and alterations to the existing single-family dwelling, at less than
60 feet from the front yard lot line, and (b) a Special Exception under Section 100-31B to
establish an Bed and Breakfast as an accessory use to the owner's residence.
2:35 P.M. ANTHONY and SUSAN NAPOLITANO #5835. Request for a Variance under Section
100-239.4B, based on the Building Inspector's October 19, 2005 Notice of Disapproval amended
December 27, 2005 concerning a proposed swimming pool at less than 75 feet from the
bulkhead, at 200 Cleaves Point Road, East Marion; CTM 38-2-23.
2:45 P.M. ANTHONY and DANIELLE CACIOPPO #5686. Request for Variances under Section
100-244, based on the Building Department's October 14, 2004 Notice of Disapproval, amended
November 9, 2005, concerning proposed additions and alterations to the existing dwelling at less
than 40 feet from the front yard line and exceeding the code limitation of 20% total lot coverage
for all building area, at 1455 Inlet Way, Southold; CTM 92-1-4.
3:00 P.M. TERRY McLAUGHLIN #5837. Request for a Variance under Section 100-33, based
on the Building Inspector's October 24, 2005 Notice of Disapproval concerning a proposed
swimming pool in an area other than the required rear yard, at 360 Old Salt Road, Mattituck; CTM
144-5-9.1.
Page 4 - Minutes
Meeting held February 2, 2006
Southold']'own Board of Appeals
3:05 P.M. OVLASID REALTY LLC #5828. Requests for Variances under Section 100-32 (Bulk
Area Schedule), based on the Building inspector's December 9, 2005 Notice of Disapproval
concerning the applicant's Lots 3 and 4, proposed with a land area of less than the code required
80,000 square feet in an Agricultural-Conservation (AC) Zone District. Location of Property:
1275 Cedar Beach Road, Southold; CTM 89-3-1.1.
3:10 P.M. NICHOLAS ALIANO #5846. Request for Variances: (1) under Section 100-
239.4A(1), based on the Building Inspector's January 5, 2006 Notice of Disapproval, concerning a
building permit (#31581-Z) issued in error, for a location set back less than the code required 100
feet from the top of the Long Island Sound bluff, and (2) based on the Building Inspector's
January 13, 2006 Notice of Disapproval, citing Section 100-244, for a reduced front yard setback
for alternative relief with the applicant's suggested new dwelling size and location at less than the
required 100 feet from the top of the bluff and less than the required 40 feet from the front yard lot
line. Location of Property: 3705 Duck Pond Road, Cutchogue; CTM 83-1-12.
BE IT FURTHER RESOLVED, to authorize advertising of the following application for March 30, 2006:
10:30 A.M. PETER S. DOODY #5847. Request for a Variance under Section 100-33, based on
the Building Inspector's October 26, 2005, Notice of Disapproval, amended January 10, 2006,
concerning a request to building an accessory swimming pool in a yard other than the code
required rear yard, at 260 Orchard Street, Orient; CTM 1000-25-3.4.1.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon and Weisman. This Resolution
was duly adopted (4-0). Absent was Member Goehringer.
RESOLUTIONS/OTHER ACTION, Continued
B. Resolution to accept Geri Armine Klein's request to withdraw Appeal No. 5793 (fence variances
at Sound Road, Greenport), pending submission of alternative plans with a new application.
C. 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 7:10 p.m.
Respectfully submitted,
alski
Included by Reference: Filed ZBA Decisions (12)
R~i h°~a,~ ~,~m~~
Approved for Filing