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Home My WebLink AboutZBA-12/15/2005 , Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First RoOf, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765-9064 RECEIVeD JUN 5 2006 MINUTES REGULAR MEETING THURSDAY, DECEMBER 15, 2005 Soull,c,\d Tc.,'n (Jerk A Regular Meeting of the SOUTH OLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, December 15, 2005 commencing at 9:45 a.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member James Dinizio, Member Vincent Orlando, Member Michael A. Simon, Member Kieran Corcoran, Assistant Town Attorney Linda Kowalski, ZBA Confidential Secretary Florence Wiles, Court Reporter 9:45 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: Tvpe II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): MONTE and CAROLYN REDMAN #5804. ROY RODRIGUEZ #5798. HELEN SONITIS #5808. , Page 2 - Minutes Meeting held December 15, 2005 Southold Town Board of Appeals Tvoe II Actions continued: (No further steps - setback/dimensional/lot waiver/accessory apartmenVbed and breakfast requests): ROBERT and JOSEPHINE CORCORAN #5803. THOMAS and JUDITH HEDGECOCK #5807. CHRISTOS MITAS #5802. DENNIS ROSES #5806. THOMAS and MARY IRENE MARRON #5797. NANCY RIGHI and ANNA HOMMEL #5811 & 5812. JONATHAN and CHRISTINE BAKER #5813. DR. DWIGHT F. MILLER #5810. Resolution was duly adopted (5-0). * * * 11. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated and is entirely entered into the official record. All testimony should be limited to zoning issues properly before the Board. 9:48 AM MONTE and CAROL REDMAN #5785. Request for Variances under Section 100-244, based on the Building Inspector's August 29, 2005 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling which will be less than 15 feet on a single side, and less than 35 for combined side yards, 4510 Peconic Bay Blvd., Laurel; CTM 128-4-21. (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). 9:56 AM ROY RODRIGUEZ #5798 by Amy Martin. Request for a Variance under Section 100- 33, based on the Building Inspector's August 19, 2005 Notice of Disapproval, concerning the location of a proposed swimming pool in a side yard, instead of code-required rear yard or required front yard, at 975 Hillcrest Drive North, Orient; CTM 13-2-8.21 (Lot 19, Hillcrest Estates). (Please see transcript of written statements prepared under separate coveL) 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). 9:59 AM HELEN SONITIS & C. BARTHMAN #5808. Request for a Variance under Section 100- 33, based on the Building Inspector's August 19, 2005 Notice of Disapproval, concerning a proposed swimming pool in an area other than the code-required rear yard, at 645 Gin Lane, Southold; CTM 88-4-6. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Simon, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:10 AM ROBERT and JOSEPHINE CORCORAN #5803. Amy Martin. Request for a Variance under Section 100-31C, based on the Building Inspector's August 26, 2005 Notice of Disapproval, amended October 28, 2005, concerning proposed alterations to an existing accessory garage building, adding facilities for a new half bathroom and utility sink in relation to the owner's artisVstudio workshop on the second floor, at 7725 Nassau Point Road, Cutchogue; CTM 118-4- 5. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded Page 3 - Minutes Meeting held December 15, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:20 AM THOMAS and JUDITH HEDGECOCK #5807. Tim Jordan. Request for a Variance under Section 100-33, based on the Building Inspector's October 3, 2005 Notice of Disapproval, concerning an as-built deck addition which extends the side yard, placing the existing accessory pool in an area other than the code-required rear yard, at 745 Stanley Road, Mattituck CTM 106- 8-13. (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). 10:27 AM CHRISTOS MITSAS #5802. Request for a Variance under Code Sections 100-33 based on the Building Inspector's September 12, 2005 Notice of Disapproval, concerning a proposed swimming pool in a yard other than the code-required rear yard, at 150 Harvest Lane, Mattituck; CTM 120-3-8.16 (Farmveu Lot 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). 10:34 AM DENNIS ROSES #5806. Rob Lehnert, Boulevard Planning East. Request for a Variance under Section 100-244, based on the Building Inspector's June 24, 2005 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling, which will be less than 50 feet from the rear lot line, at 65 Cardinal Drive, Mattituck; CTM 115-6-1. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Simon to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:43 AM THOMAS and MARY IRENE MARRON #5797. G. Strang, Architect. Request for Variances under Section 100-239.4B and 100-244 based on the Building Inspector's September 7, 2005 Notice of Disapproval, concerning proposed additions to the existing dwelling which will be less than the code-required 75 feet from the bulkhead, less than 15 feet on a single side yard, and less than 35 feet for combined side setbacks, at 3125 Wells Avenue, Southold; CTM 70-4-10. (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 5-minute recess was taken. Chairwoman Oliva reconvened the meeting at 11:19, and proceeded with Agenda Items as follow: PUBLIC HEARINGS. continued: 11 :19 AM NANCY RIGHI and ANNA HOMMEL #5811 & #5812. P. Moore, Esq. Requests based on the Building Inspector's October 13, 2005 Notice of Disapproval, concerning property located in the R-40 Low-Density Residential Zone District, referred to as 3245 and 3505 Camp Mineola Road, Mattituck: #5811. Request for a Lot Waiver under Section 100-26 to unmerge property shown as CTM #123-6-12.3 (vacant with 14,200+- sq. ft.) from CTM 123-6-12.1 (improved with 14,200 +_ sq. ft.) Page 4 - Minutes Meeting held December IS, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: #5812. If a Lot Waiver is granted under ZBA File #5811, a Variance is requested under Section 100-244 to located a new dwelling at less than the code-required 35 feet from the rear property line, concerning property shown as CTM 123-6-3. (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). 11:49 AM JONATHAN and CHRISTINE BAKER #5813. Request for a Variance under Section 100-244, based on the Building Inspector's October 13, 2005 Notice of Disapproval, concerning a proposed second-story deck addition at less than 15 feet on a minimum side yard, and less than 35 feet for both side yard setbacks combined, at 920 Naugles Drive, Mattituck; CTM 99-5-13. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded by Member Goehringer to close the hearing reserving decision. The Resolution was duly adopted (5-0). 11:52 AM DR. DWIGHT F. MILLER #5810. Request for a Variance under Section 100-244, based on the Building Inspector's August 24, 2005 Notice of Disapproval, concerning proposed additions and alterations to the existing dwelling at less than 35 feet from the front yard lot line, and under Section 100-242A, constituting an increase in the degree of nonconformance. Location: One High Road, Shingle Hill, Fishers Island; CTM 1000-9-1-8. (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). * * * III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION: Motion offered by Chairwoman Oliva, seconded by Member Goehringer to authorize advertising of new hearings for 1/26/06. VOTE OF THE BOARD: Ayes All (5-0). B. The Board confirmed its scheduled Special Meeting for 6:00 PM Tuesday December 27, 2005: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers. * * * IV. DELIBERATIONS/DECISION on the following application: DENIED J. GOULD #5781. * * * " r:;\ I Office Location: Mailing: Address: \ Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southo1d, NY 11971-0959 http://southoldtown .northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 15, 2005 ZB File 5781 - Jennifer B. Gould, 1820 Truman's Path, East Marion (as Adjacent Landowner) Appeal Concerning the Bollman Premises, 1755 Trumans Path, East Marion; CTM 31-13-4. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is impiemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant has filed an Appeal concerning land owned by W. Bruce and Mary Ann Bollman, on the easterly side of the applicant's land. The Bollman property consists of 9,878.29 square feet with 50 feet along Truman's Path and 206.07 feet along the south/westerly side property line and is improved with an accessory garage building, shown on the April 3, 2002 survey, last amended March 7, 2005 by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department determinations under Building Permit No. 31232-z dated June 28, 2005, and amended August 9, 2005. FINDINGS OF FACT The Zoning Board of Appeals (ZBA) held a public hearing on this application on October 20, 2005 at which time written and oral evidence were presented, simultaneously with the rehearing held concerning this same premises under Appeal No. 5680 by the Bollmans. (The entire file and transcripts of previous ZBA hearings held March 31, 2005 and May 4,2005, regarding the original application under ZBA Appeal No. 5680, and October 20, 2005 ZBA rehearing, were also entered into the record.) Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: ZBA DETERMINATION RENDERED MAY 12. 2005 FOR AREA VARIANCE RELIEF: In a decision rendered May 12, 2005, the ZBA granted a variance concerning Appeal No. 5680, in a request to retain the existing nonconforming location of the foundation, with reconstruction of the dwelling on the first and second floor and enlargement with small addition, as shown on the March 7, 2005 amended survey prepared by Joseph A. Ingegno, L.S. The relief granted was related to the location of the new construction areas, as follows: (a) setback at 10 feet for the second-story from the westerly side property line, (b) setback at 12.6 feet from the easterly side property line at its closest point, (c) lot coverage at 21% (exclusive of waterfront dock, walks, apron, and minor step areas), and (d) setback at 35.2 feet from the bulkhead, at its closest point. " Page 2 - December 15, 2005 ZB Ref. 5781 - Jennifer B. Gould ClM ID: 31-13-4 (Bollman Property) \ APPLICANTS GROUNDS: The applicant stated that the height (of the new construction and alterations) does not comply with the limitations authorized under Building Permit No. 31232-z, as amended August 9,2005. The applicant also stated that Building Permit #31232-z should not have been amended to allow for the removal and replacement of the existing foundation. OTHER INFORMATION: Discussions were held during the public hearing(s) regarding the circumstances that resulted before, and after, issuance of authorization under the Building Department's amendment to building permit (No. 31232-z) to demolish the entire foundation. The applicant herein is the adjacent landowner west and closest to the new construction activities. Testimony was received concerning personal observations, activities related to the boundaries and adjacent land areas between the Gould and Bollman properties, the removal of the foundation that existed, the hole recently excavated for the entire new foundation, use of the existing accessory building over the years, building permits and amendments, as well as other extensive information. Testimony was received by the owner (Bollmans), their builder, and the Town Building Inspector, indicating that a new foundation plan (ref. Page 4 of 10 prepared by Penny Lumber, date stamped August 9, 2005 was approved as an amendment to Building Permit No. 31230-z for new construction of the foundation in the same place, and why the foundation was unsafe to build upon if it were to remain. The Building Inspector also confirmed that the Building Department contacted representatives of the Town Trustees and ZBA Departments regarding the proposed in-place reconstruction of the unsafe section of the existing foundation that was crumbling. ZBA'S REHEARING/DETERMINA TION RENDERED for ALTERNATIVE AREA VARIANCE RELIEF: In a decision rendered October 27, 2005, the ZBA granted alternative relief concerning Appeal No. 5680, after rehearing, based on the Building Department's Notices of Disapproval, issued February 3,2005 and amended March 31, 2005, citing Sections 100-239.4B and 100-244 in its denial of an application for a building permit to substantially remove (or demolish), and construct a new single- family dwelling. The reasons stated in the Notices of Disapproval are that the new construction: (1) will be less than 10 feet on a single side, (2) will be less than 25 feet combined side yards, (3) will be less than 75 feet from the bulkhead, and (4) will have lot coverage exceeding the code limitation of 20 percent. The ZBA grant of alternative relief increased the side yard setback from the Gould property (please see ZBA Decision No. 5680 dated October 27, 2005, filed on October 31,2005 with the Office of the Town Clerk). FINDINGS OF FACT The Zoning Board of Appeals ('ZBA') held a public hearing on this application on October 20, 2005, at which time written and oral evidence were presented. (The entire file and transcripts of the previous hearings regarding the original application under Appeal No. 5680 held on March 31, 2005 and May 4, 2005 were also entered into this rehearing record). Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board finds the same reasons applicable to this Appeal as that issued by the ZBA under Appeal No. 5680 on October 27,2005 (grant of alternative relief with conditions). . Pilge 3 - December 15, 2005 ZB Ref. 5781 - Jennifer B. Gould CTM JD: 31-13-4 (Bollman Property) The Board notes that the Local Waterfront Revitalization Program coordinator, Mark Terry, has found this project generally consistent with the program's Policy Standards in his memorandum to the Town of South old Board of Trustees, dated December 20, 2005. RESOLUTION OF THE BOARD: In considering all of the above factors and applying New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to DENY the application of Jennifer B. Gould, under Appeal No. 5781, without prejudice to the Court's determination under the outstanding litigation (concerning the subject premises, 1755 Truman's Path, East Marion; CTM Parcel 1000-31-13-4 owned by Bollman). Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio, and Simon. This Resolution was duly adopted (5-0). ~)0,~= Ruth D. Oliva, Chairwoman 1/ :t.<fI06 Approved for Filing " Page 5 - Minutes Meeting held December 15,2005 Southold Town Board of Appeals 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 was adjourned at 12:50 p.m. Respectfully submitted, :l.A~ l!M~' Lfn{:~owalski Secretary, Board of Appeals Included by Reference: Filed ZBA Decision (1) G(~ fl c\2~ Ruth D. Oliva, Chairwoman Approved for Filing RECEIVeD "- r~ I :.3cJ /'Ifl JUN 5 2006 f"P-r~O?t-,...:J/", Soullivid Tr,~;n Clerk