Loading...
HomeMy WebLinkAboutZBA-07/07/2005 ~ , 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 1179 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 RECE/vm JUN 5 2006 MINUTES REGULAR MEETING THURSDAY, JULY 7, 2005 Sou!lIuld Tc,Yfll Clerk 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, July 7, 2005 commencing at 9:30 a.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member James Dinizio, Member Vincent Orlando, Member Michael A. Simon, Member Also present were: Kieran Corcoran, Assistant Town Attorney Linda Kowalski, ZBA Confidential Secretary Florence Wiles, Court Reporter 9:35 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 ISEQRA): BOARD RESOLUTION: Motion was made by Chairwoman Oliva, seconded by Member Goehringer, declaring 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): MICHAEL and JENNIFER BOCCIO #5715. LOUIS and LISA CARACCIOLO #5721. NICHOLAS POLOGEORGIS #5727. Page 2 - Minutes Meeting held July 7, 2005 Southold Town Board of Appeals Tvoe II Actions continued: (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): ROBERT and CELIA SWING #5724. EDWARD and BEATRICE SAWICKI #5728. DAYSMAN and NANNIE MORRIS #5737. PETER SCHEMBRI #5732. SHORELINE DEVELOPMENT CORPORATION and A. ROJAS #5733. SHORELINE DEVELOPMENT CORPORATION and A. ROJAS #5735. DAVID and LAUREN KOLLEN #5716. K. and P. WHITROCK #5702. DAVID T. DEVLIN #5722. HOWARD WALDMAN #5723. VIVIAN L1NDERMAYER and ASPASIA ISRAFIL #5725. ARLENE and PETER MANOS #5730. T. KANARIS #5690. Resolution was duly adopted (5-0). * * * II. 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. 9:35 AM MICHAEL and JENNIFER BOCCIO #5715. Request for a Special Exception under Section 100-31B(13) for an Accessory Apartment, accessory and incidental to the owner's single- family residence, at 2345 Plum Island Lane, Orient; CTM 15-5-24.3. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 9:40 AM LOUIS and LISA CARACCIOLO #5721. Request for a Variance under Sections 100- 242A and 100-244, based on the Building Department's April 27, 2005 Notice of Disapproval, concerning a proposed addition which will increase the degree of nonconformance when located at less than the code-required 55 ft. minimum front yard setback, at 4450 Mill Lane, Mattituck; CTM 100-4-2.1. (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). 9:53 AM NICHOLAS POLOGEORGIS #5727. P. Moore, Esq. Request for Variances under Sections 100-242A and 100-244, based on the Building Department's April 11, 2005 Notice of Disapproval concerning proposed additions with alterations which will increase the degree of nonconformance or create a new nonconformance, when located at less than the code-required 15 ft. single minimum side yard and less than 35 feet for both side yards (total), at 22655 Soundview Avenue, Southold; CTM 136-1-26. (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). 9:56 AM ROBERT and CELIA SWING #5724. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's March 17, 2005 Notice of Disapproval, Page 3 - Minutes Meeting held July 7, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: amended March 25, 2005 concerning new construction to enclose a deck, which construction will constitute an increase in the degree of nonconformance when located less than the code- required 15 feet minimum side yard and less than 35 ft. total (both) side yards, at 445 Island View Lane, Greenport; CTM 57-2-27. (Please see transcript of written statements prepared under separate cover.) (See Decision attached.) 10:18 AM EDWARD and BEATRICE SAWICKI #5728. B. Goggins Esq. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's February 9, 2005 Notice of Disapproval, concerning a proposed addition with alteration to the existing dwelling, which construction will create a new nonconformance when located at less than the code- required 50 feet from the rear property line, at 600 Marratooka Lane, Mattituck; CTM 115-3-14. (Please see transcript of written statements prepared under separate cover.) (See Decision attached. ) 10:21 AM DAYSMAN and NANNIE MORRIS #5737. D. Doty, Esq. Request for Variances under Section 100-32 and 100-244, based on the Building Department's June 1, 2005 Notice of Disapproval, for area, width and depth of CTM 1000-48-3-24, proposed to be deeded (as a single separate lot) in this re-division of merged lands, adjacent to CTM Ref. 1000-48-3-7.1 fronting along Linnet Street, and shown on the Map of Greenport Driving Park, Lots 18 and 64. Also requested is a variance for a combined side yard setback area of less than the code-required 25 feet. Location of Property: 245 Brown Street, Greenport. (Please see transcript of written statements prepared under separate cover.) RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the verbatim portion of the hearing, and extend written submission until July 21, 2005 and subject to Chapter 58 mailings to be completed by the applicant regarding the amendment. The Resolution was duly adopted (5-0). 10:52 AM PETER SCHEMBRI #5732. Request for a Variance under Section 100-32, based on the Building Department's May 6, 2005 Notice of Disapproval concerning a proposed new dwelling at less than the code-required 35 ft. front yard (minimum) setback, at 1026 Seawood Drive, Southold CTM 79-7-63. (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). 11 :00 AM SHORELINE DEVELOPMENT CORPORATION and A. ROJAS #5733. Request for a Variance under Section 100-244, based on the Building Inspector's April 27, 2005 Notice of Disapproval, concerning a proposed dwelling at less than the code-required 35 ft. front yard (minimum) setback, at 55 Brown Street, Greenport, CTM 48-3-29. (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 adjourn the hearing to 9:30 am on August 18, 2005. The Resolution was duly adopted (5-0). 11 :25 AM SHORELINE DEVELOPMENT CORPORATION and A. ROJAS #5735. Request for a Variance under Section and 100-244, based on the Building Department's April 27, 2005 Notice of Disapproval concerning a proposed dwelling at less than the code-required 35 ft. front yard (minimum) setback and less than the code-required total side yard setback area of 25 feet, at 1175 Ninth Street, Greenport; CTM 48-3-2. (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). Page 4 - Minutes Meeting held July 7,2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: 11:33 AM DAVID and LAUREN KOLLEN #5716. (Carryover from June 2,2005 Public Hearing; received amended diagram removing roof for deck to comply with previous variance condition). Location: 1095 Track Avenue, Cutchogue. (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). Chairwoman Oliva added the following item (possible Resolution) to the agenda; and the following action was taken: MOTION FAILED: Motion offered by Member Dinizio, seconded by Member Orlando, to reopen the Public Hearing in the matter of MICHAEL PISACANO. Vote of the Board: 2-2-1. Ayes: Members Orlando and Dinizio, Nayes: Members Goehringer and Oliva; Abstained: Member Simon. Lunch break 12:00 pm to 1 :00 pm. Chairwoman Oliva reconvened the meeting at 1:12 PM and proceeded with Agenda Items as follow: PUBLIC HEARINGS. continued: 1:12 PM K. and P. WHITROCK #5702. Request for Variances under Sections 100-239.4B and 100-244, based on the Building Department's March 22, 2005 Notice of Disapproval, amended May 10, 2005, concerning a proposed new dwelling in a location: (1) at less than the code- required minimum 15 feet on a single side yard, (2) at less than 20 ft. minimum on the remaining side yard; (3) at less than the code-required minimum 35 ft. total side yards, and (4) at less than 75 feet from the retaining wall structure, after demo of existing dwelling, at 580 Camp Mineola Road, Mattituck; CTM 123-6-20. (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 adjourn to August 18, 2005 at 1:00 pm. The Resolution was duly adopted (5-0). 2:03 PM DAVID T. DEVLIN #5722. P. Moore Esq. Request for a Waiver under Section 100-26 to unmerge County Tax Map Ref. 1000-70-4-22 (vacant land) from CTM 70-4-23 (improved). Based on the Building Inspector's April 13, 2005 Notice of Disapproval, the properties have been merged in this R-40 Low Density Residential Zone District, under Section 100-25. Location of Property: 1275 West Hill Road (and 1175 West Hill Road), Calves Neck, Southold. (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). 2:48 PM HOWARD WALDMAN #5723. P. Moore, Esq. Request for Variances under Sections 100-30A.3 and 100-33, based on the Building Department's, April 14, 2005 Notice of Disapproval concerning: (1) an accessory building, after conversion from a dwelling to an accessory use, located in an area other than code-required rear yard, and (2) new dwelling at less than 50 feet from the front property line, at 95 Arrowhead Lane, Peconic; CTM 98-3-1 & 2 combined as a 46,029 sq. ft. single 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 duly adopted (5-0). , Page 5 - Minutes Meeting held July 7, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued 3:15 PM VIVIAN L1NDERMAYER and ASPASIA ISRAFIL #5725. P. Moore, Esq. Request for Variances under: (1) zoning Code Section 100-235 based on the Building Department's May 12, 2005 Notice of Disapproval, concerning vehicular access width, which does not meet the code required 15 ft. minimum width over CTM Parcel 1000-51-1-5, and (2) based on the Building Department's March 28, 2005 Notice of Disapproval, for variance under New York Town Law, Section 280A, establishing the minimum construction specifications for travel by emergency and other vehicles over a private right-of-way, instead of direct frontage along a town street, Location: 17877 and 17815 Soundview Avenue, Southold; CTM 51-1-4 and 5. (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). 3:24 PM ARLENE and PETER MANOS #5730. Request for a Variance under Section 100- 239.4A (and 100-242A), based on the Building Department's April 22, 2005 Notice of Disapproval, concerning proposed addition with alterations which creates a new degree of nonconformance, proposed at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2000 Sound Drive, Greenport; CTM 33-1-18. (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). 3:28 PM T. KANARIS #5690 (May 4, 2005 Public Hearing carryover at applicant's request). Request for a Waiver to Unmerge land. 480 Ruth Road, Matlituck. A. Wickham, Esq. (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). . . . EXECUTIVE SESSION: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to enter into Executive Session regarding pending litigation: Matter of Pisacano v. ZBA. 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 8/18/05. Vote of the Board: Ayes: All (5-0). B. The Board confirmed its scheduled Special Meeting for July 21, 2005 at 6:00 PM: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers. . . . Page 6 - Minutes Meeting held July 7, 2005 Southold Town Board of Appeals IV. DELIBERATIONS/DECISIONS on the following applications: APPROVED AS APPLIED ROBERT and CELIA SWING #5724. EDWARD and BEATRICE SAWICKI #5728. 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 3:35 p.m. Respectfully submitted, ~~~IV~' IJnda Kowalski Secretary, Board of Appeals Included by Reference: Filed ZBA Decisions (2) Qt Q~J0 _ <:1 Cku Ruth D. Oliva, Chairwoman Approved for Filing RECEIV;:O tI-~ 1.'3JI'M JUN 5 2006 a~Cl~r-'4, Soullivld Tl.,;" Clerk " 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 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Roor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hUp:/ /southoldtown. northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 . Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 7, 2005 ZB Ref. 5724 - Robert and Celia Swing Property Location: 445 Island View Lane, Greenport CTM 57-2-27 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 implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 21,780 sq. ft. parcel has 75 feet along the south side of Island View Lane, and is improved with a single-story frame house, as shown on the October 20, 1999 survey, amended September 21, 2001 by John 1. Metzger. BASIS OF APPLICATION: Building Department's March 17, 2005 Notice of Disapproval, citing Section 100-244 in its denial of an application for a building permit to enclose an existing deck 26' x 11'9" deck and to add stairs. The reason stated for disapproving the application is the existing deck is less than a total of 35 feet for both side yards. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 2005 at which time written and oral evidence were presented. 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: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct a roof and add screens to enclose the existing open deck. The existing deck is 11.1 ft. from the easterly lot line at its closest point; the total side yards are 17.6 feet (combined). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties, if granted, because the new construction areas will remain the same distance from the side yard as exists now for the open deck. " Page 2 - July 7, 2005 ZB Ref. elM 57-2-27 ZB File 5724 - R. and e. Swing 2. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than an area variance, because the deck has existed in the present location since 1992. It would not be proportionately feasible to remove the deck and construct it within a conforming setback for the purpose of adding only a roof and screen enclosure. 3. The amount of relief requested is not substantial. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the deck has existed in the present location since it was built in 1992 and has been shown to have no negative impacts to the physical and/or environmental well- being of the area. In addition, the existing single family dwelling and the proposed improvements are consistent in both size and design with the neighboring improvements. Further, the proposed addition is in line with the existing residence and maintains the existing side yard setback, which has had no demonstrative impact on either the physical or environmental conditions in the neighborhood. 5. The variance is not self-created. 6. Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: the intended goal of improving this portion of the structure, the dimensional constraints of the lot, the location of the pre-existing single family dwelling and its floor plan, makes it difficult to construct in a conforming location without placing an undue burden on the applicant. This is the minimum that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the hand-drawn diagrams (site map and construction details prepared for the applicant by C. Charnews (received 5/10105), subject to the following CONDITION: The proposed porch shall be enclosed with screens and without heat. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio, and Simon. This Resolution was duly adopted (5f11 ~iJ, c]\1L~ Ruth D. Oliva, Chairwoman 7<lZ(" 105 Approved for Filing , ,~ . " 'l 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 1179 Southold, NY 11971 ~0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northforknet BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 7, 2005 ZB Ref. 5728 - EDWARD and BEATRICE SAWICKI Property Location: 600 Marratooka Lane, Mattituck CTM 115-3-14 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 implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 24,000 sq. ft. parcel has 120 feet along Marratooka Lane, and is improved with a one-story residence with garage and accessory shed, as shown on the January 3, 2005 survey prepared by Stanley J. Isaksen, Jr. BASIS OF APPLICATION: Building Department's February 9, 2005 Notice of Disapproval, citing Sections 100-242A and 100-244 in its denial of an application for a building permit to construct a proposed addition with alterations to the existing dwelling. The reason stated for disapproving the application is that a new nonconformance will be created with a proposed setback at less than 50 feet from the rear property line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 2005 at which time written and oral evidence were presented. 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: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct an 8' by 12' bathroom addition at the rear (north yard) of their home, at 21.1 feet from the rear lot line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property has frontage along three streets. The 96 sq. ft. addition is necessary and is for the purpose of providing handicap at the rear of the dwelling. The small addition will not be visible, located between the existing shed and the rear of the house. The purpose of the bathroom is to provide wheelchair access and handicap facilities. .,. " Page 2 - July 7, 2005 ZB Ref. CTM 115-3-14 ZB File No. 5728 - E. and B. Sawicki 2. The relief granted is not substantial, allowing a 96 sq. ft. addition to the dwelling in the rear yard. 3. The difficulty has not been self-created. The dwelling is nonconforming with a 29.3 ft. rear yard setback. 4. No evidence has been submitted to suggest that this variance will have an adverse impact on the physical or environmental conditions in the residential neighborhood. 5. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the January 3, 2005 survey prepared by Stanley J. Isaksen, Jr. and construction diagram prepared by Donald G. Feiler, Architect date-stamped June 20, 2005. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. VotE;! of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio, and Simon. This Resolution was duly adopted (5~ /3) .cQ~ Ruth D. Oliva, Chairwoman 7/4105 Approved for Filing