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HomeMy WebLinkAboutZBA-03/03/2005 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon Southold Town Hall 53095 Main Road. P.O. Box I] 79 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, MARCH 3, 2005 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the South old Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, March 3, 2005 commencing at 9:37 a.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard 1'. Goehringer, Member Vincent Orlando, Member James Dinizio, Member (1:10 - 2:40 PM) Michael A. Simon, Member Kieran Corcoran, Town Attorney (12:15 - end) Also present were: Linda Kowalski, ZBA Assistant and Secretary Florence Wiles, Court Reporter for ZBA 9:37 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 Chairwoman Oliva, and seconded by Member Goehringer to declare the following Negative Declarations with No Adverse Effect for the following projects as submitted: Tvoe II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): DOROTHYW. FAUCON #5659. MICHAEL and KAREN CATAPANO #5656 (Mr. and Mrs. V. Pust, Owners). WHITNEY B. ARMSTRONG, #5651. GREGORY WALLACE and LINDA WALTERS #5665. , Page 2 - Minutes Regular Meeting held March 3, 2005 Southold Town Board of Appeals PETER WARNS #5658. DAWN RYAN and STEVEN KRAMER #5664. ALFRED and GLORIA GIARDIELLO #5660. EDWARD F. JENSEN #5657. JKJ NORTH FORK REALTY, INC. #5662. RICHARD SCHETMAN #5667. BRUCE GARRITANO #5653. JANICE and WILLIAM CLAUDIO (Linda Braider,Owner) #5655. ELIZABETH WELCH and MERCELO GUIDOLl #5666. FRANK MARTORANO #5650. WILLIAM and PATRICIA MOORE #5636. BARBARA KELI_C #5670. ROBERT HEINTGES #5669. WILLIAM ARCHER #5654. COR MATTITUCK, INC. #5673. FRANCIS A. KESTLER, DDS #5675. CINGULAR WIHELESS PCS, LLC (Site Owner: A. Junge) #5671. CURTIS and SUSAN RAND #5586. Resolution was duly adopted (5-0). . . . II. PUBLIC HEARINGS: 9:42 AM T. and M. KOSTOULAS #5646. (Carryover from 1/20 PH; Lot coverage and access data submitted by letter 1/25). Side yard variances for proposed additions at 1035 Aquaview Avenue, East Marion; CTM 21-2-13 (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 9:49 AM DOROTHY W. FAUCON #5659. This is an Appeal requesting Reversal of the Building Department's December 20, 2004 Notice of Disapproval, concerning a request for a Preexisting Use Certificate of Occupancy for a two-family dwelling use. The reasons stated in its denial is Section 100-31 B and the, code requirement for a Special Exception for a two-family dwelling, and Pre-CO Inspection Repolrt dated November 10, 2004, indicating the existing dwelling is listed as a single-family dwelling. Location of Property: 46925 Main Road, Southold; CTM 69-5-16 (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the Ihearing reserving decision. The Resolution was duly adopted (5-0). 10:00 AM MICHAEL and KAREN CATAPANO #5656 (Mr. and Mrs. V. Pust, Owners). This is an Appeal requesting Variance(s) and/or Interpretation; based on the Building Department's December 29, 2004 amended Notice of Disapproval which states that a goat farm is not permitted in the AC Zone District. The reasons stated in the Building Inspector's disapproval is that Section 100-31A(2)(B) requires at least 10 acres for the keeping, raising and training of horses, domestic animals and fowl under In addition, the construction of a farm stand was disapproved under Section 47 -3B for the reason that at least 5 tillable acres must be owned or leased by the farm stand owner, or alternatively, the farm stand may be located on a two acre lot if the farm stand owner can establish ownership or lease of at least five tillable acres in the Town of Southold. Page 3 - Minutes Regular Meeting held March 3, 2005 Southold Town Board of Appeals II. PUBLIC HEARINGS. continued: MICHAEL and KAREN CATAPANO #5656 (Mr. and Mrs. V. Pust. Owners), continued: Applicants request an Interpretation referring to Section 100-221E as to whether the keeping of goats applies to the 10"acre requirement of Section 100-31A(2)(B); applicants propose to reside at the property and to establish a goat farm with cheese processing/milking room in a new building with storage, keeping, breedinglralsing of goats, and to construct a farm stand, at 33705 C.R. 48, Peconic; CTM 74-2-12, containing 4.998 acres. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, and seconded by Member Goehringer, and duly carried to close the hearing, reserving decision. The Resolution was duly adopted (5-0). 10:15 AM WHITNEY B. ARMSTRONG #5661. Request for a Variance under Section 100- 239.4A.1, based on the Building Department's December 21, 2004 Notice of Disapproval concerning a new dwelling (as modified), at less than 100 feet from the top of the bluff or bank of the Fishers Island Sound. Location of Property: Clay Point Road, Fishers Island; CTM 2-1-11.3. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, and seconded by Member Goehringer, and duly carried to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:30 AM GREGORY WALLACE and LINDA WALTERS #5665. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's December 7, 2004 Notice of Disapproval concerning a proposed second-story addition which will constitute an increase in the degree of nonconformance with a setback of less than 35 feet from the property line, at 62 Washington Ave., Greenport; CTM 41-1-35. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, and seconded by Member Goehringer, and duly carried to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:34 AM PETER WARNS #5658. No one present at this time. Rescheduled for 12:15 pm. 10:35 AM DAWN RYAN and STEVEN KRAMER #5664. Request for a Variance under Section 100-33, 100-242A, and 100-244B, based on the Building Department's November 23, 2004 Notice of Disapproval, amended December 29, 2004, concerning proposed addition with alterations to an existinll accessory garage which will increase the degree of nonconformance, with setbacks at less than five (5) feet from the side lot line and less than 40 feet from the front lot line, at 165 Bungalow Lane, Mallituck; CTM 123-3-4. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:37 AM ALFRED and GLORIA GIARDIELLO #5660. No one present. Rescheduled for 12:18 pm. 10:37 AM EDWARD F. .JENSEN #5657. Request for a Variance under Section 100-244, based on the Building Department's November 9, 2004 Notice of Disapproval concerning a proposed porch addition at less than 35 feet from the front lot line at 440 Sunset Way, Southold; CTM 91-1- 8. (Please see transcril~t of written statements prepared under separate cover.) BOARD RESOLUTION: After reGeiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando to close the hearing reserving decision. The Resolution was duiy adopted (5-0). Page 4 - Minutes Regular Meeting held March 3,2005 Southold Town Board of Appeals II. PUBLIC HEARINGS. continued: 10:45 AM JKJ NORTH FORK REALTY, INC. #5662. Request for a Variance under Section 100- 92, based on the Building Department's November 29, 2004 Notice of Disapproval, concerning a building permit application concerning proposed second-story alterations. The reasons stated for the disapproval are that the height alteration will increase the degree of nonconformance with regard to a single side yard at less than 10 feet and total side yards at less than 25 feet. Location of Property: 53740 Main Road, Southold; CTM 61-4-6. Zone: Hamlet Business. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, moltion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:52 AM RICHARD SCHETMAN #5667. Request for a Variance under Sections 100-33 and 100-131A, based on the Building Department's November 23, 2004 Notice of Disapproval concerning new construction that will contain additional living space without being attached with the code-required heated space, constituting an accessory and a second dwelling, and exceeding the 18 ft. height limitation as an-accessory building in a front yard. Location: 38910 Main Road, Orient; CTM 15-8-30. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing subject to submission of new alternative plan. The Resolution was duly adopted (5-0). 11 :25 AM BRUCE GARRITANO #5653. This is a request for a Special Exception under Article III, Section 100-30A.2B to establish a Bed and Breakfast use as an accessory use incidental to the owner's residence, with up to a maximum of five (5) guest bedrooms for lodging and serving of breakfast to not mOrEl than ten (10) casual, transient roomers. Location of Property: 8100 Main Road, East Marion; CTM 31-6-16. (Please see transcript of written statements prepared under separate coveL) ]30ARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing pending submission of new plan. The Resolution was duly adopted (5-0). 11 :40 AM JANICE and WILLIAM CLAUDIO (Linda Braider, Owner) #5655. Applicants are requesting Variances under Section 100-32, based on the Building Department's December 8, 2004 Notice of Disapproval, concerning proposed Lots 1 and 2 with less than the code required 80,000 sq. ft. in size and less than 250 feet of depth in this proposed new division of land. Location of Property: HI60 Gull Pond Lane, Greenport; CTM 35-3-12.9 consisting of 81,913 sq. ft. (formerly CTM 12.6 and 12.7). Zone Residential R80. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn the hearing to March 31,2005 at 1:15 p.m. The Resolution was duly adopted (5-0). 12:15 PM PETER WARNS #5658. Request for Variances under Sections 100-242A, 100- 239.4B and 100-244, based on the Building Department's September 20, 2004 Notice of Disapproval concerning proposed additions with an increase in the degree of nonconformance at less than 15 ft. min. side and less than 75 ft. to bulkhead, at 8740 Peconic Bay Boulevard, Laurel; CTM 126-5-2.1. (Please see transcript of written statements prepared under separate coveL) Affidavit of Mailings and Sign Postings was submitted. BOARD RESOLUTION: After receiving testimony, motion was olfered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 12:18 PM ALFRED and GLORIA GIARDIELLO #5660. Request for a Variance under Section 100-244 based on the Building Department's November 3, 2004 Notice of Disapproval concerning a proposed n'3W dwelling, after demolishing the existing dwelling, with less than 35 Page 5 - Minutes Regular Meeting held March 3, 2005 Southold Town Board of Appeals II. PUBLIC HEARINGS. continued: feet from the front lot lin,e and lot coverage exceeding the code limitation of 20%, on this 7,160 sq. ft. lot, at 165 Walnut Place, Mattituck; CTM 142-1-14. (Please see transcript of written statements prepared under separate cover.) Affidavit of Mailings and Sign Postings was submitted. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 12:21 PM ELIZABETH WELCH and MERCELO GUIDOLl #5666. Request for a Variance under Section 100-242A and '100-244, based on the Building Department's October 5, 2004 Notice of Disapproval, amended December 28, 2004, concerning a proposed porch addition, for the reason that the new construction will increase the degree of nonconformance with a front yard setback at less than 35 feet and lot coverage exceeding the code limitation of 20%, at 230 Vincent Street, Orient; CTM 25-3-14. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). A short break was taken from 12:45 - 12:56 PM. Chairwoman Oliva reconvened the meeting at 12:56 PM, and proceeded with Agenda Items (public hearings), as follow: 12:56 PM CURTIS and SUSAN RAND #5586. Request for Variances under Sections 100-242A, and 200-244, based on the Building Department's May 14, 2003 Notice of Disapproval, amended October 13, 2004. Tlhe reasons stated in the disapprovai are that the proposed porch reconstruction and as-built rear deck addition will be iess than 35 feet from the rear and front lot lines. Location of Property: Greenwood Road, Fishers Island; CTM 12-1-13.3 (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Dinizio, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 1 :03 PM FRANK MARTORANA #5650. Request for a Variance under Section 100-244B, based on the Building Department's July 29, 2004 Notice of Disapproval, amended October 13, 2004, concerning a proposed new dwelling at less than 35 feet from the front lot line, after demolishing the existing dwelling, at :3500 Deep Hole Drive, Mattituck; CTM 115-17-9 & 10 (combined as one lot). (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer" to close the hearing reserving decision. The Resolution was duiy adopted (5-0). 1 :06 PM BARBARA KELLC #5670. Request for a Variance under Section 100-33, based on the Building Department's January 12, 2005 Notice of Disapproval, concerning an as-built accessory (shower) structure locate,d at less than three (3) feet from the side lot line, at 680 Locust Lane, Southold; CTM 64-2-54. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 2:02 PM ROBERT HEINTGES #5669. Request for a Variance under Sections 100-30A.1 (ref. 100-31A), based on thl3 Building Department's December 16, 2004 Notice of Disapproval concerning a proposed storage shed, a non-permitted use on a vacant parcel iocated at 275 Strohson Road, Cutchogue; CTM 103-10-13. (Please see transcript of written statements Page 6 - Minutes Regular Meeting held March 3, 2005 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: prepared under separat'3 cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 2:18 PM COR MATTITUCK, INC. #5673. Request for a Reversal of the Building Department's January 6, 2005 Notice of Disapproval, concerning an as-built living area which has been deemed as a second dweiling unit, a non-permitted use under Zoning Code Section 100-30A.2, at 185 Stanley Road, Mattituck; CTM 106-8-18. Zone: R-40 Residential. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to ciose the hearing reserving decision. The Resolution was duly adopted (5-0). 2:30 PM CINGULAR WIRELESS PCS, LLC (Site Owner: A. Junge) #5671. Request for a Variance under Section 100-165(C), based on the Building Department's December 15, 2004 Notice of Disapproval concerning a proposed equipment shelter building at less than 70 feet from the rear lot line, at 21B55 C.R. 48 (Middle Road), Cutchogue; CTM 96-1-19.1. Zone: Light Industrial. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 2:40 PM FRANCIS A. KESTLER, DDS #5675. Request for a Variance under Section 100-72 based on the Building Department's January 14, 2005 Notice of Disapproval, amended February 2005, concerning proposed alterations and handicap platform addition which will be less than 50 feet from the front lot line, at 11535 Main Road (and Pacific Street), Mattituck; CTM 142-2-16. Zone: Residential-Office. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 2:42 PM WILLIAM ARCHER #5654. Based on the Building Department's September 29, 2004 Notice of Disapproval, citing Sections 100-243A and 100-31A, variances are requested to construct a proposed seGond-story addition. The reason stated in the disapproval is that there is more than one dwelling on this 5.9 acre lot (Kimogenor Point). Location 50 Jackson Street, New Suffolk; CTM 116-6-24.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 2:52 PM WILLIAM and PATRICIA MOORE #5636. Applicants request: (a) Special Exceptions under Section 100-71B (ref. 100-91B) for approval of Apartment 1 and future Apartment 2 within a 500 sq. ft. of office floor area, as an alternative, with the principal building (first floor), and (b) Variance under Section 1 00-33, based on the Building Department's October 8, 2004 Notice of Disapproval, amended January 14, 2005, for the location of the as-built accessory garage in a side yard after proposed expansion of the principal building. Location of the Property: 51020 Main Road, Southold; CTM 70-2-8. Zone: Residential-Office. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). (End of public hearings) . . . " Page 7 - Minutes Regular Meeting held March 3, 2005 Southold Town Board of Appeals III. OTHER UPDATES: A. The Board confirmed its scheduled Special Meeting 6:00 PM March 10, 2005: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers. . . . Brief reviews of pending files and generai 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 was adjourned at 3:05 p.m. Respectfully submitted, ~ Itd4... ;r/CU/ aLQ./L ' V&;da Kowalski 4/17/06 Secretary, Board of Appeals ~ &. C9 \~.lAA. Ruth D. Oliva, Chairwoman Approved for Filing 4/1l/06 y...~./' RECEIVeD :3 .5"0 1711/ APR 1 9 2006 (",'!l;'A/~~ /J Yl, ,dJ ~~;~I{~ .