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Home My WebLink AboutZBA-01/26/2006 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman hup:/ /southoldtown. northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-180~1I"tJi!~31) 765-9064 REGULAR MEETING THURSDAY, JANUARY 26,2006 Mailin2 Address: 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 RECEIVeD JUN 5 2006 Sou\\iv.d T(''i: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 Thursday, January 26, 2006 commencing at 9:30 a.m. Present were: Ruth D. Oliva, Chairwoman/Member James Dinizio, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Kieran Corcoran, Assistant Town Attorney Linda Kowalski, ZBA Confidential Secretary Florence Wiles, Court Reporter Absent was: Gerard P. Goehringer, Member 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 (SEQRAI: BOARD RESOLUTION: Motion was made by Chairwoman Oliva, and seconded by Member Weisman 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): JAMES NEUMAN #5822. TIM TRUJILLO and PAULA DANIEL #5830. JOHN and NINA WINTER (Owner: MA TINE, INC.) #5809. THOMAS LANDI #5816. SUSAN ROGERS GRUN #5824. PHILIP MILOT #5705. GREGG and KATHI ROBERTS #5817. GERI ARMINE KLEIN #5793. EDGEWATER II, LLC #5815. JON and KATHLEEN MARINO #5831. TIMOTHY STEELE #5618. Page 2 - Minutes Meeting held January 26, 2006 Southold Town Zoning Board of Appeals Tvoe II Actions continued: (No further steps - setback/dimensional/lot waiver/ accessory apartment/bed and breakfast requests): BARBARA and KIMONO THERMOS #5825. JAMES AND KAREN HOEG #5821. PAT IAVARONE #5829. GEORGE and ELIZABETH IRELAND #5814. MICHAEL and HELEN REDDINGTON #5792. Vote of the Board: Ayes: All. Resolution was duly adopted (4-0). . . . II PUBLIC HEARINGS: (Please see transcript of written statements prepared under separate coveL) 9:35 A.M. JAMES NEUMANN #5822. P. Moore, Esq., R. Tast Architect. A variance is requested under Section 100-30A.3, bulk schedule, based on the Building Inspector's October 20,2005 Notice of Disapproval concerning a building permit application to amend Permit No. 31483-Z for construction of a new dwelling which will exceed the code limitation of 2-1/2 stories for proposed 132 square feet of space above the second floor and code-compliant stairs, at 750 Mill Road, Mattituck; CTM 107-1-1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Simon, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 9:57 A.M. TIM TRUJILLO and PAULA DANIEL #5830. The Applicant-Owner requests a Special Exception to establish an Accessory Apartment within their existing single-family building as provided by Section 100-31 B, subsection 13 of the zoning code. Location of Property: 580 Soundview Avenue, Peconic; CTM 74-2-6. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Members Weisman and Simon, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 10:02 A.M. JOHN and NINA WINTER (Owner: MA TINE, INC.) #5809. Variances are requested under Sections 100-33 and 100-239.4A(1), based on the Building Inspector's October 7, 2005 Notice of Disapproval concerning an accessory swimming pool, proposed in a side yard instead of the code-required front yard or rear yard, and in a location at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 590 North View Drive, Orient; CTM 13-1-5.1. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 10:13 A.M. THOMAS LANDI #5816. A variance is requested under Section 100-244, based on the Building Inspector's November 7, 2005 Notice of Disapproval concerning an application for a building permit for a new swimming pool, which construction will increase the building coverage of the lot in excess of the code's 20% limitation, at 950 Waterview Drive, Southold; CTM 78-7-28. (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 (4-0). 10:19 A.M. SUSAN ROGERS GRUN #5824. A variance is requested under Section 100-239.4A(1), based on the Building Inspector's November 15, 2005 Notice of Disapproval concerning a building permit application to construct an addition, for the reason that the new construction will be less than 100 feet from the top of the bluff or bank of the Sound, at 57305 C.R. 48 (a1k/a Middle Road or North Road), South old; CTM 52-1-6. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving Page 3 - Minutes Meeting held January 26, 2006 Southold Town Zoning Board of Appeals PUBLIC HEARINGS continued: testimony, motion was offered by Chairwoman Oliva, seconded by Member Dinizio, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 10:23 A.M. PHILIP MILOT #5705. Bruce Anderson, Agent. Variances are requested under Sections 100-33, 100-242, and 100-244, based on the Building Inspector's November 21,2005 amended Notice of Disapproval concerning a proposed second-story addition and alterations to the existing one-story garage, for a recreation room and half bathroom (toilet and sink). The reasons in disapproving the building permit application are that the new construction will increase the degree of nonconformance when located at less than 3 feet from the side lot line and less than 35 feet from the front lot line. Location of Property: 4185 Camp Mineola Road, Mattituck; CTM 1000-123-5-26. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 10:32 A.M. GREGG and KATHI ROBERTS #5817. A variance is requested under Sections 100-243A and 100- 244, based on the Building Inspector's October 6, 2005 Notice of Disapproval of an application for a building permit concerning additions and/or alterations to the dwelling. The reason stated in the disapproval is that the as- built enclosure of an existing porch will maintain a nonconforming front yard setback, increasing the degree of nonconformance at less than 35 feet from the front lot line. Location of Property: 2545 West Creek Avenue, Cutchogue; CTM 110-5-1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Simon, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 10:35 A.M. GERI ARMINE KLEIN #5793. A variance is requested under Section 100-231, based on the Building Inspector's August 15, 2005 Notice of Disapproval concerning a request for approval of a fence shown on the 12/13/05 survey, as-built, prior to recent changes. The fence exceeds the code limitation of four feet when located in the front yard, at 160 Sound Avenue and Sound Road, Greenport; CTM 33-4-35.2. Zone District: R-40 Low-Density Residential. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing reserving decision. The Resolution was duly adopted (4-0). A short break was taken. Chairwoman Oliva reconvened the meeting at 11 :33 am, and proceeded with Agenda Items as follow: 11:33 A.M. EDGEWATER II, LLC #5815. P. Moore, Esq. A variance is requested under Section 100- 30A.3, bulk schedule, based on the Building Inspector's October 19, 2005 Notice of Disapproval concerning a request to amend a building permit, and requesting variance relief exceeding the variance limitations granted under Appeal No. 5330 concerning the height of a dwelling which irregular roofline exceeded 35 feet at its highest point and included a bedroom designed in space above the second-floor. This variance is for a third design, modifying and expanding the floor space above the second floor, exceeding the code limitation of 2-1/2 stories, and modifying and adding roof angles which exceed the code limitation of 35 feet. Location of Property: 63735 C.R. 48 (a/k/a North Road or Middle Road), Greenport; CTM 40-1-20.2. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Dinizio, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 11:50 A.M. JON and KATHLEEN MARINO #5831. A variance is requested under Sections 100-33 and 100-242, based on the Building Inspector's December 14, 2005 Notice of Disapproval concerning a building permit application to construct an addition to the existing accessory garage. The reason for disapproving the building permit application is that the construction will increase the degree of nonconformance when construction will be in the side yard area of the existing accessory garage, instead of the rear yard. Location of Property: 10105 Soundview Avenue, Southold; CTM 54-8-5. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Dinizio, to close the hearing reserving decision. The Resolution was duly adopted (4-0). " Page 4 - Minutes Meeting held January 26, 2006 Southold Town Zoning Board of Appeals PUBLIC HEARINGS continued 11 :53 A.M. TIMOTHY STEELE #5618. (Continuation from Variances are requested under Sections 100- 31A(2)(c) and 100-242A, based on the Building Department's April 23, 2003 Notice of Disapproval, amended January 28, 2005, concerning a building permit application for the following construct, at property known as 13795 Oregon Road (right-of-way extending from the north side of applicant's property), Cutchogue; CTM 83-2-10.16: (a) barn (building #1) at less than 75 feet minimum principal building rear yard setback, (b) additions with alterations to a nonconforming accessory garage (building #2), for the reason that the garage is not entirely in a rear yard, and is extended into a front yard, and (c) two (2) accessory sheds, an as-built and proposed, referred to as storage container buildings #3 and #4, in a yard other than the code-required rear yard. (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 (4-0). 12:33 A.M. BARBARA and KIMONO THERMOS #5825. A variance is requested under Section 100-244, based on the Building Inspector's October 20, 2005 Notice of Disapproval, amended December 8, 2005 concerning an application for a building permit to demolish an existing dwelling and construct a new dwelling with setbacks at less than the code required 10 feet on a single side and less than 15 on the second side yard, at 355 Sound Beach Drive, Mattituck; CTM 99-1-19. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 12:40 P.M. PAT IAVARONE #5829. P. Moore, Esq. A variance is requested under Section 100-30A.3, bulk schedule, based on the Building Inspector's November 1, 2005 Notice of Disapproval concerning a building permit under #22830Z which restricted the use of the attic to "non-habitable" area. An application has been filed for a building permit for the as-built alterations which modified the non-habitable attic area to living space and converted the floor above the second story to a third story, exceeding the code limitation for 2-1/2 stories. Location of Property: 995 West Road, Cutchogue; CTM 110-7-3. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 12:55 P.M. GEORGE and ELIZABETH IRELAND #5814. S. Ham, Esq. A variance is requested under Sections 100-31A and 100-242A, based on the Building Inspector's September 26, 2005 Notice of Disapproval concerning a request for a building permit to construct an addition and as-built alterations to an existing accessory building with living space. The reasons for disapproving the building permit are that the addition will change the intensity of use, increasing the degree of nonconformity, and the as-built additions and alterations are not permitted in an accessory building, and only one, single-family dwelling is permitted on a lot. A Certificate of Preexisting Use was issued 7/5/2001 for a single-family dwelling and "accessory garage with living space above"." Location of Property: East End Road, Fishers Island; CTM 4-7-3.3 (part of Lot 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 Weisman, to close the hearing reserving decision. The Resolution was duly adopted (4-0). MICHAEL and HELEN REDDINGTON #5792. BOARD RESOLUTION: Motion was offered by Chairwoman Oliva, and seconded by Member Weisman, to cancel the hearing per letter dated January 20, 2006 from attorneys for applicants. The Resolution was duly adopted (4-0). Page 5 - Minutes Meeting held January 26, 2006 Southold Town Zoning Board of Appeals PUBLIC HEARINGS continued JAMES and KAREN HOEG #5821. BOARD RESOLUTION: Motion was offered by Chairwoman Oliva, and seconded by Member Simon, to withdraw the application, as requested by the applicant. The Resolution was duly adopted (4-0). . . . Ill. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION: Motion offered by Chairwoman Oliva and seconded by Member Dinizio to authorize advertising of new hearings for March 2, 2006. VOTE OF THE BOARD: Ayes All (4-0). B. The Chairwoman confirmed the scheduled Special Meeting for 6 PM Thursday, February 2, 2006 (Annex, second floor) for deliberations, decisions and other matters coming before the Board at that time, . . . Brief review 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 1 :30 pm. Respectfully submitted, ':!. 'I/" ~ I ~~~rsk~ Secretary, Board of Appeals (l~.~ Ruth D. Oliva, Chairwoman Approved for Filing RECEIV;:D ~ cf-l.-<e/ / :301' h? ~r;~dk Souj\ivid Tv;;" Clerk