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Home My WebLink AboutZBA-06/02/2005 " 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 RECElVl:D JUN 5 2006 MINUTES REGULAR MEETING THURSDAY, JUNE 2, 2005 SOllil/vie! Tc,I./! Clerk A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, June 2, 2005 commencing at 9:30 a.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member James Dinizio, Member Michael A. Simon, Member Kieran Corcoran, Assistant Town Attorney Also present were: Linda Kowalski, ZBA Confidential Secretary Absent was: Vincent Orlando, Member 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 (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 - setbackldimensionalllot waiver/accessory apartment/bed and breakfast requests): DIANE E. LESSARD #5713. GARY LAUBE #5707. FRANK and BERTHA RAYNOR #5709. , , Page 2 - Minutes Meeting held June 2, 2005 Southold Town Board of Appeals Tvoe II Actions continued: (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): LOIS PATRICIA LOCKWOOD flk/a LESNIKOWSKI #5712. M. REED and M. SCHUBERT #5708. DAVID KOLLEN and LAUREN ALBERTSON #5716. NICHOLAS ZANNIKOS #5714. LAURENCE and LILLIAN SIMPSON #5703. BRANKO and VICKY JOZIC #5696. ROBERT MANLEY #5704. ROBERT ROTHBERG and CAROL PALMIERI #5706. SUSAN MACKENZIE #5619. PATRICIA MILONE #5718. MARILYN ANGELSON #5717. GARY and KATHLEEN ZUAR #5720. Resolution was duly adopted (4-0). . . . 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 DIANE E. LESSARD #5713. Request for Variance under Section 100-32 based on the Building Department's April 12, 2005 Notice of Disapproval concerning a new porch and second- story addition at less than 60 feet from front lot line, at 4505 Main Road, Laurel; CTM 125-1-11. (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 (4-0). 9:43 AM FRANK and BERTHA RAYNOR #5709. Request for a Variance under Section 100- 244, based on the Building Department's January 18, 2005 Notice of Disapproval, amended April 14,2005 for proposed additions with alterations at less than 40 feet from the front lot line at 3376 Wickham Avenue, Mattituck; CTM 107-9-15. (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 Orlando, and duly carried to close the hearing reserving decision. The Resolution was duly adopted (4-0). 9:47 AM GARY LAUBE #5707. Request under Section 100-33 based on the Building Department's April 6, 2005 Notice of Disapproval for an accessory shed proposed in an area other than the code-required rear yard, at 310 Ackerly Pond Lane, Southold; CTM 70-5-5. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Simon, to ciose the hearing reserving decision. The Resolution was duly adopted (4- 0). 9:50 AM LOIS PATRICIA LOCKWOOD flk/a LESNIKOWSKI #5712. D. Doty Esq. Request for a Variance under Section 100-32 based on the Building Department's March 28, 2005 Notice of Disapproval concerning variances for lot area and width in this R40 Zone, for a lot line change involving two lots, each with an existing dwelling, for location of the existing garage, which will be Page 3 - Minutes Meeting held June 2, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: less than 10 feet from the property line after the change of lot lines. Location of Property: 600 and 620 North Drive, Mattituck; CTM 106-6-26. (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 (4-0). 9:58 AM M. REED and M. SCHUBERT #5708. Amy Martin. Request for a Variance under Section 100-33C based on the Building Department's March 29, 2005 Notice of Disapproval, concerning a proposed addition to an accessory shed, at less than 40 ft. from the front lot line, at 935 Private Road No.3, East Marion CTM 21-1-2. RESOLUTION: 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 (4-0). 10:06 AM DAVID KOLLEN and LAUREN ALBERTSON #5716. Request for a Variance under Section 100-244, based on the Building Department's April 6, 2005 Notice of Disapproval, amended May 5, 2005 for a second story over the existing dwelling, an increase in the degree of nonconformance, and proposed new addition at less than 35 feet from the front property line, at 1095 Track Avenue, Cutchogue; CTM 137-1-25. (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 to July 7, 2005 at 11:10 am. The Resolution was duly adopted (4-0). 10:13 AM NICHOLAS ZANNIKOS #5714. Request for Variances under Section 100-242A and 244, based on the Building Department's April 6, 2005 Notice of Disapproval, amended April 14, 2005 for a proposed one-story addition and second-story over the existing first floor, and with alterations, at less than 10 feet on a single side yard, less than 25 feet total side yards, less than 35 feet on the front yard, and lot coverage exceeding the code limitation of 20%. The Building Department states that the addition will constitute an increase in the degree of nonconformance. Location: 505 Sound Beach Drive, Mattituck; CTM 99-1-22. (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 (4-0). 10:20 AM LAURENCE and LILLIAN SIMPSON #5703. Request for a Variance under Section 100-244B, based on the Building Department's March 28, 2005 Notice of Disapproval, for new addition proposed at less than 40 feet from front lot line at 125 Brigantine Drive, Southold; CTM 71-2-18. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 10:30 AM BRANKO and VICKY JOZIC #5696. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's February 4,2005 Notice of Disapproval, for an as-built deck extension at less than 35 feet from rear lot line, at 1100 North Sea Drive, Orient; CTM 15-3-38. (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 (4-0). Page 4 - Minutes Meeting held June 2, 2005 SouthoJd Town Board of Appeals PUBLIC HEARINGS. continued: 10:40 AM ROBERT MANLEY #5704. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's March 28, 2005 Notice of Disapproval, amended April 25, 2005 for a new two-story dwelling, proposed at less than 35 feet from two front lot lines, and with lot coverage in excess of the code's 20% limitation. The new construction is noted by the Building Department to be an increase in the degree of nonconformance of the existing dwelling, which dwelling is proposed to be demolished. Location: 1895 Old Orchard Road, East Marion; CTM 27-3-9. (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 (4-0). A short recess was taken from 11:00 -11:10 AM. Chairwoman Oliva reconvened the meeting at 11 :10 PM, and proceeded with Agenda Items as follow: 11:10 AM ROBERT ROTHBERG and CAROL PALMIERI #5706. Request for a Special Exception under Section 100-31B(13) to establish Accessory Apartment in conjunction with owner's residence as a single-family dwelling at 4355 Aldrich Lane Extension, Mattituck; CTM 112-1-13. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 11:17 AM SUSAN MACKENZIE #5619. Request for a Variance under Section 100-30A.3, based on the Building Department's February 23, 2005 Notice of Disapproval, concerning a proposed front addition (porch) to the dwelling which will be less than the code required 50 feet from the front lot line, at 675 Hiawathas Path, Southold; CTM 78-3-51.1 290. (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 (4-0). 11:19 AM PATRICIA MILONE #5718. Request for a Variance under Section 100-33, based on the Building Department's Notice of Disapproval, amended April 29, 2005, concerning a proposed accessory garage to be located in a yard other than the code-required rear yard, at 3500 Nassau Point Road, Cutchogue; CTM 111-4-33. (Pi ease 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 receipt of a written recommendation or report from ZBA Member Goehringer by June 9, 2005. The Resolution was duly adopted (4-0). Lunch break from 12:00 - 1 :00 PM. EXECUTIVE SESSION: Resolution to enter into Executive Session was offered by Chairwoman Oliva and seconded by Member Goehringer to discuss pending litigation: Matter of Pisacano v. ZBA. The Resolution was duly adopted (4-0). Chairwoman Oliva reconvened the meeting at 1 :30 PM. . Page 5 - Minutes Meeting held June 2, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: 1:35 PM MARILYN ANGELSON #5717. Request for Variances under Section 100-242A and 100-33, based on the Building Department's April 13, 2005 Notice of Disapproval, amended May 3, 2005, concerning structural alterations to an existing accessory water tower and accessory garage. The reasons stated in the disapproval are: (a) the alterations change the intensity of use of these nonconforming buildings, constituting an increase in nonconformity; (b) the existing nonconforming yard location does not meet the code required rear yard or front yard, for waterfront properties; (c) the existing nonconforming height of the tower exceeds the 18 ft. height limitation of the code. Location of the property: 900 Park Avenue, Mattituck; CTM 123-7-13.1. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 1:45 PM GARY and KATHLEEN ZUAR #5720. Request for Variances under Sections 100-244 and 100-239.4B, based on the Building Department's April 27, 2005 Notice of Disapproval, concerning proposed addition(s) with alterations to the dwelling. The reasons stated in the disapproval are that the new construction will be less than 15 feet on a single side yard, total side yards are less than the code required 35 feet, and the setback to the retaining wall (bulkhead) is proposed at less than 75 feet. Location of Property: 1905 Bay Shore Road, Greenport; CTM 53- 4-9. (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 (4- 0). . . . III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION: Motion offered by Chairwoman Oliva, seconded by Member Goehringer to authorize advertising of new hearings for 7/7/05. B. The Board confirmed its scheduled Special Meeling 6:00 PM June 9, 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 general discussions by Board Members followed. . . . , Page 6 - Minutes Meeting held June 2, 2005 Southold Town Board of Appeals There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 2:00 p.m. Respectfully submitted, >I'dtl ;ZOU/~- tild': Kowalski Secretary, Board of Appeals WOlzLl?J CO~ Ruth D. Oliva, Chairwoman Approved for Filing RECEIVeD · ~ I: j!J 1'/11 JUN 5 2006 a~Cl?:f.-'!I4J Souil.oid T(.~;n Clerk