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Home My WebLink AboutZBA-05/04/2005 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 RECEIVED JUN 5 2006 MINUTES REGULAR MEETING WEDNESDAY, MAY 4,2005 SouillOld Tr,~;n 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 Wednesday, May 4, 2005 commencing at 9:30 a.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member Vincent Orlando, Member James Dinizio, Member Michael A. Simon, Member Also present were: Kieran Corcoran, Assistant Town Attorney Linda Kowalski, ZBA Confidential Secretary Florence Wiles, Court Reporter 9:30 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 deciare 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): FOSTER REEVE and VALERIE H. KRAMER #5678. CLIFFORD SCHRIEFER, JR. #5689. REED and JANE RUBIN #5697. DECLAN MEAGHER #5698. Page 2 - Minutes Meeting held May 4, 2005 Southald Town Board of Appeals Tvpe II Actions continued: (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): JOHN and SUSAN CORBLEY #5675. DON TISON and DIANE GIARDI #5695. DONALD and SANDRA ANNINO #5663. EUGENE and GEORGENE BOZZO #5668. KRAUSE FAMILY TRUST #5700. DONNA COOK #5638. JOANN WALKER #5623. W. BRUCE and MARY ANN BOLLMAN #5680. JOHN and GEORGE GIANNARIS #5699. PANAGIOTIS KANARAS #5690. JANET LARSEN and CAROL WITSCHIEBEIN #5701. ANTHONY and DANIELLE CACIOPPO #5686. GEORGE D. KOFINAS #5693. 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. 9:32 AM FOSTER REEVE and VALERIE H. KRAMER #5678 (Adjourned from 3/31/05 for corrected survey to show current property lines; new 4/13/05 survey received 4/20/05 by ZBA). Request for Variances under Section 100-30A.3 and 100-244, based on the Building Department's December 22, 2004 Notice of Disapproval, amended February 3, 2005, concerning a building permit application for an as-built deck and proposed two-story addition to the dwelling, at less than 50 ft. from rear lot line, at 626 Front Street, Greenport; CTM 48-1-2. Fairweather- Brown. (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). 9:35 AM CLIFFORD SCHRIEFER, JR. #5689. Request under Section 100-26 for a Waiver to unmerge CTM 1000-70-8-8 (vacant land) from CTM 70-8-9 (improved). Based on the Building Inspector's November 24, 2004 Notice of Disapproval, the properties have been merged under Section 100-25. Location of Property: 700 and 800 Gardiner's Lane Southold. Olsen & Olsen Esqs. (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). 9:48 AM REED and JANE RUBIN #5696. Request for a Variance under Section 100-32, based on the Building Department's March 21, 2005 Notice of Disapproval, concerning partial reconstruction of the existing upper level (proposed addition/alterations) for the reason that the height will be increased from 2.5 stories to three stories. Location: 530 Private Road #8 extending off the north side of S.R. 25, East Marion; CTM 23-1-1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving Page 3 - Minutes Meeting held May 4, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: 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 (3-0-2). 10:28AM DECLAN MEAGHER #5698. Request for a Variance under Section 100-239.4B, based on the Building Department's March 7, 2005 Notice of Disapproval concerning a proposed swimming pool at less than 75 feet from bulkhead, at 750 Blue Marlin Drive, Southold; CTM 57-1- 29. (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 (5-0). 10:34 AM JOHN and SUSAN CORBLEY #5675. Resolution to adjourn to July 7, 2005 at 9:50 AM per applicant's request, with mailing notices and posting of sign by applicant. Request for a Special Exception to authorize an Accessory Bed and Breakfast as provided under Article III, Section 100-31 B-14 of the Zoning Code, for the renting of up to two rooms in the applicant's owner-occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and not transient roomers, at 680 Mason Drive, Cutchogue; CTM 107-7-3. RESOLUTION: Motion was offered by Chairwoman Oliva, and seconded by Member Orlando, and duly carried to adjourn to July 7, 2005. The Resolution was duly adopted (5-0). 10:35 AM P. Moore for DON TISON and DIANE GIARD I #5695. Request for Reversal of the Building Department's February 28, 2005 Notice of Disapproval, concerning a new second-story addition which the Building Inspector states will constitute an increase in the degree of nonconformance at less than 35 feet from front lot line, or alternatively a Variance under Sections 100-242A and 100-244B, at 170 Laurel Avenue, Southold; CTM 56-3-4. (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). 10:50 AM DONALD and SANDRA ANNINO #5663. Request for a Variance under Section 100- 244, based on the Building Department's December 1, 2004 Notice of Disapproval concerning a proposed addition with alterations at less than 50 feet from the rear lot line, at 1400 Hiawathas Path, Southold; CTM 78-3-48. (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). 10:52 AM EUGENE and GEORGENE BOZZO #5668. Request for a Variance under Sections 100-242A and 100-244B, based on the Building Department's Notice of Disapproval amended August 2, 2004, for relief from Condition No. 2 under ZB Decision 5567 rendered October 7, 2004, for an elevated lower deck, at 4135 Camp Mineola Road, Mattituck; CTM 123-5-27. (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). 10:58 AM Gail Wickam for KRAUSE FAMILY TRUST #5700. Request(s) for (a) Reversal of Building Department's November 8, 2004 Notice of Disapproval concerning its determination that the building is designed for a second dwelling use, and (b) Variance under Sections 100-242A, 100-33C and 100-31A, for additions and structural alterations to existing accessory barn which will increase the degree of nonconformity with setbacks at less than 50 feet from the front lot line, at 1212 New Suffolk Avenue, Cutchogue; CTM 116-6-10.2. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, Page 4 - Minutes Meeting held May 4, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: 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 recess was taken from 11:15 -11 :28 AM. Chairwoman Oliva reconvened the meeting at 11 :28 AM, and proceeded with Agenda Items as follow: 11:28 AM DONNA COOK #5638. Location of Property: 25 and 425 Private Road #12 (also known as Windy Point Lane), Southold. Based on the Building Department's August 27, 2004 Notice of Disapproval, amended November 10, 2004 the applicant requests: A. A Waiver under Section 100-26 to unmerge properties referred to as CTM 1000-78-6-9.2 and 9.3; B. Variances under Section 100-32 for a reduction of CTM 1000-78-6-9.3 from 14,984+- sq. ft. to 13,500+- sq. ft., and increase of CTM 1000-78-6-9.2 from 6,098 sq. ft. to 7,500 +- sq. ft., resulting from a proposed lot line change in this R-40 Zone District (in the event the Waiver to unmerge is granted). (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). 12:05 AM JOANN WALKER #5623. This is a request for Variances under Section 100-239.4b, based on the Building Department's May 7, 2004 Notice of Disapproval, amended May 20,2004, September 17, 2004, October 1, 2004, and February 7, 2005, for proposed additions (second- story addition, swimming pool, and other construction) at less than 75 feet from the bulkhead, at 290 Town Harbor Terrace, Southold; CTM 66-1-33. (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). Lunch break from 12:15 -12:55 PM. Chairwoman Oliva reconvened the meeting at 1:10 PM, and proceeded with Agenda Items as follow: 1:10 PM W. BRUCE and MARY BOLLMAN #5680. Request for Variances under Sections 100- 244, based on the Building Department's February 3, 2005 Notice of Disapproval, concerning an application for a building permit to substantially remove or demolish existing dwelling, and to construct a new single-family dwelling: (1) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent, and (4) at less than 75 feet from the bulkhead. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. (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 offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 1:20 PM JOHN and GEORGE GIANNARIS #5699. Request for a Variance under Section 100- 82 based on the Building Department's February 24, 2005 Notice of Disapproval concerning proposed additions and alterations to existing restaurant within 100 feet of the front lot line, along , . Page 5 - Minutes Meeting held May 4, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued: NYS Route 25. Location: Hellenic Restaurant, 5145 Main Road, East Marion; CTM 35-2-14. Zone: LB. (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). 1 :34 PM PANAGIOTIS KANARAS #5690. RSOLUTION to open hearing, receive testimony if offered at this time, and grant applicant's request for adjournment, to 7/7/05 at 1:00 PM. Request for a Lot Waiver under Section 100-26 to unmerge properties referred to as CTM 1000-106-5-32 and 1000-106-5-33. The properties have been held in common ownership as noted in the Building Department's January 28, 2005 Notice of Disapproval and Section 100-25. Location of Property: 480 Ruth Road, Mattituck. (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, adjourn to 7/7/05 at 1:00 PM. The Resolution was duly adopted (5-0). 1 :35 PM JANET LARSEN and CAROL WITSCHIEBEIN #5701. Request for Variances under Sections 100-242A, and 200-244, based on the Building Department's March 18, 2005 Notice of Disapproval, for the reason that the proposed additions will constitute an increase in the degree of nonconformance with less than 15 feet minimum on a single side yard, at 1000 Sound Beach Drive, Mattituck; CTM 99-1-5. (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). 1 :52 PM ANTHONY and DANIELLE CACIOPPO #5686. Request for a Variance under Section 100-244, based on the Building Department's October 14, 2004 Notice of Disapproval, amended December 23, 2004, concerning proposed additions with alterations to the existing single-family dwelling at less than 40 feet from the front property line, at 1455 Inlet Way, Southold; CTM 92-1- 4. Proper-T Penmit Services. (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 7/7/05 at 1:40 PM. The Resolution was duly adopted (5-0). 1 :56 PM GEORGE D. KOFINAS #5693. Request for a Variance under Section 100-30A.3, based on the Building Department's February 16, 2005 Notice of Disapproval, concerning proposed additions with alterations at less than 15 feet for a minimum side yard at 552 East Road, Cutchogue; CTM 110-7-18.2. P. Moore, 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 Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). * * * . . Page 6 - Minutes Meeting held May 4, 2005 Southold Town Board of Appeals III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION: Motion offered by Chairwoman Oliva, seconded by Member Goehringer to authorize advertising of new hearings for 6/2/05. This Resolution was duly adopted (5-0). B. The Board confirmed its scheduled Special Meeting 6:00 PM May 12, 2005: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers. C. Chairwoman Oliva agreed to change the June Special Meeting from June 161h to Ih June 9 at 6 pm, Annex Conference Room. . . . 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 2:20 p.m. Respectfully submitted, ~. ,- ifwa-/d:A-- i./~alski Secretary, Board of Appeals Qoru3/ {j, (DQ;;PZ, Ruth D. Oliva, Chairwoman Approved for Filing RECEIVeD ..~ /:'/0 flnf JUN 5 2006 f1~r2rt",;II,," Soullovid 1(,,:11 (lark