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Home My WebLink AboutZBA-03/02/2006 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman hllp:/ /southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, MARCH 2, 2006 Mailing 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 RECEIVi:D JUN 5 2006 Soullioid Tc:.~;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, March 2, 2006 commencing at 1 :00 p.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, 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: James Dinizio, Member 1 :08 p.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 Weisman 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): CINGULARlNEXTELlVERIZON WIRELESS/ORIENT FIRE DISTRICT #5805. CHARLES and LYNN HILL #5822. ROBERT and DONNA HAASE #5832. JIM and KAREN SPEYER #5819. GEORGE and MARY SIORAS #5838. KATHLEEN FRALEIGH #5820. EDWARD and ANN O'CONNELL #5843. ANGELO and SUSAN M. RENNA #5840. PAUL LONG #5841. CAROL FESTA and THOMAS GEPPEL, JR. #5834. Page 2 - Minutes Meeting held March 2, 2006 Southold Town Zoning Board of Appeals Tvpe II Actions continued: (No further steps - setback/dimensional/lot waiver/ accessory apartment/bed and breakfast requests): JONATHAN ZANG #5827. SHINN VINEYARD, INC. and BARBARA SHINN #5836. ANTHONY and SUSAN NAPOLITANO #5835. ANTHONY and DANIELLE CACIOPPO #5686. TERRY MCLAUGHLIN #5837. OVLASID REALTY LLC #5828. Vote of the Board, Ayes: All. Resolution was duly adopted (4-0). * * * II PUBLIC HEARINGS: Please see transcript of written statements prepared under separate cover.) 1:08 P.M. CINGULARlNEXTELlVERIZON WIRELESS/ORIENT FIRE DISTRICT #5805. Request for Special Exception under Section 1 00-162A for public utility telecommunications antennas to be co-located with the Fire Department's telecommunications antenna and tower use, and related accessory equipment shelter, at the Orient Fire House Parcel, 23300 Main Road, Orient; CTM 18-5-13.8. Zone District: R-80. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: Motion was offered by Member Weisman, and seconded by Member Goehringer to adjourn to March 30, 2006 at 1 :00 p.m. The Resolution was duly adopted (4-0). 1 :09 PM. CHARLES and LYNN HILL #5823. Request for Variances under Section 100-33C, 100-242A and 100- 244B, based on the Building Inspector's November 16, 2005 Notice of Disapproval, amended November 29, 2005, concerning proposed additions and alterations to the existing dwelling and a new accessory garage. The reasons for the disapproval are that: (1) the additions and alterations will constitute an increase in the degree of nonconformance in an area located less than the code-required 10 ft. minimum on a single side yard, and (2) the setback of the new garage is required to be 35 feet from the front yard lot line. Location of the Property: 655 Lake Drive, Southold; CTM 80-3-20. (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). 1 :30 P.M. ROBERT and DONNA HAASE #5832. Requests for Variances under Section 100-244, based on the Building Inspector's December 20, 2005 Notice of Disapproval, concerning a dwelling proposed at less than 50 feet from the rear yard lot line and with lot coverage exceeding the code limitation of 20% for all building area on this 21,112 square foot lot, at 1965 Greenway East, Orient; CTM 15-1-11. (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 :46 P.M. JIM and KAREN SPEYER #5819. Tom Samuels, Architect. Request for Variances under Section 100-242A (and 100-244), based on the Building Inspector's October 19,2005 Notice of Disapproval, amended January 6, 2006 and February 3, 2006, concerning an application to demolish a substantial portion of the existing two-story dwelling and reconstruct in the same place with additions and alterations, constituting an increase in the degree of nonconformance when located at less than 50 feet from both streets, at 2100 Jackson Street and Fourth Street, New Suffolk; CTM 117-10-18.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4- 0). 1 :52 P.M. GEORGE and MARY SIORAS #5838. Request for a variance under Section 100-242A and 100-244, based on the Building Inspector's January 3, 2006 Notice of Disapproval, amended January 18, 2006, concerning Page 3 - Minutes Meeting held March 2, 2006 Southold Town Zoning Board of Appeals proposed additions and alterations to an existing dwelling, increasing the degree of nonconformance when located less than 35 feet from the front yard lot line, at 5300 Pequash Ave, Cutchogue; CTM 110-5-32. (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). 1:56 P.M. KATHLEEN FRALEIGH #5820. Abigail Wickham, Esq. Request for a Lot Waiver under Section 100- 26, based on the Building Inspector's October 11, 2005 Notice of Disapproval to unmerge County Tax Map Parcel 110-5-42 (vacant area of 20,668+- square feet) accessible from a private right-of-way extending from the south side of South Cross Road, to be separated from the adjacent land shown as 110-5-43 (23,893+- square feet), known as 650 West Road, Cutchogue. The entire merged area of land consists of 44,561 +- square feet. (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). 2:03 P.M. EDWARD and ANN O'CONNELL #5843. Swim King. Request for a variance under Section 100-244, based on the Building Inspector's November 30, 2005 Notice of Disapproval concerning a proposed swimming pool exceeding the code limitation of 20% coverage for all building area on this 10,875 square foot lot, at 620 Marlene Lane, Mattituck; CTM 143-2-22.2. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 2:05 P.M. ANGELO and SUSAN M. RENNA #5840. Request for a Reversal, or in the alternative a Variance, under Sections 100-242A and 100-244, based on the Building Inspector's November 21, 2005 Notice of Disapproval concerning proposed additions and alterations to an existing dwelling, increasing the degree of nonconformance when located at less than 35 feet from the rear yard line, less than 35 feet from the front yard lot line, and less than 10 feet on a single side yard, at Hedge Street, Fishers Island; CTM 1000-10-7-19. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 2:18 P.M. CAROL FESTA and THOMAS GEPPEL, JR. #5834. Request for a Variance under Section 100-33, based on the Building Inspector's November 2, 2005 Notice of Disapproval concerning a proposed swimming pool in an area other than the code required rear yard, at 450 Harborview Avenue, Mattituck; CTM 99-3-21.3 (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 (4-0). 2:27 P.M. JONATHAN ZANG #5827. P. Moore, Esq. and Nancy Steelman. Requests for Variances under Sections 100- 33, 100-239.4B and 100-244, based on the Building Department's October 26, 2005 Notice of Disapproval, concerning demolition to the existing dwelling and construction of a new dwelling and detached, accessory garage. The reasons the building permit application was disapproved are: (1) that the new dwelling will be less than 75 feet from the bulkhead, (2) that the new garage will be less than 35 feet from the front yard lot line and will be in a side yard rather than the required rear yard or required front yard. Location of Property: 370 Takaposha Road, Southold; CTM 87-6-7. (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). 3:10 P.M. SHINN VINEYARD, INC.and BARBARA SHINN #5836. D. Doty, Esq. Location of Property: 2000 Oregon Road, Mattituck, CTM 1000-100-4-3.1 (and 3.2). Requests for: (a) a Variance under Section 100-32, based on the Building Inspector's December 19, 2005 Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling, at less than 60 feet from the front yard lot line, and (b) a Soecial Exceotion under Section 100-31 B to establish a Bed and Breakfast as an accessory use to the owner's residence. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After Page 4 - Minutes Meeting held March 2, 2006 Southold Town Zoning Board of Appeals PUBLIC HEARINGS continued 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). 3:22 P.M. ANTHONY and SUSAN NAPOLITANO #5835. Request for a Variance under Section 100-239.4B, based on the Building Inspector's October 19, 2005 Notice of Disapproval amended December 27, 2005, concerning a proposed swimming pool at less than 75 feet from the bulkhead, at 200 Cleaves Point Road, East Marion; CTM 38-2-23. (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). 3:24 P.M. ANTHONY and DANIELLE CACIOPPO #5686. Request for Variances under Section 100-244, based on the Building Inspector's October 14, 2005 Notice of Disapproval, amended November 9, 2005 concerning proposed additions/alterations to the existing dwelling at less than 40 feet from the front yard line and exceeding the code limitation of 20% total lot coverage for all building area, at 1455 Inlet Way, Southold; CTM 92-1-4. (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 (4-0). 3:30 P.M. TERRY McLAUGHLIN #5837. Request for a Variance under Section 100-33, based on the Building Inspector's October 24, 2005 Notice of Disapproval concerning a proposed swimming pool in an area other than the required rear yard, at 360 Old Salt Road, Mattituck; CTM 144-5-9.1. (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 (4-0). 3:31 P.M. OVLASID REAL TV LLC #5828. P. Moore, Esq. Requests for Variances under Section 100-32 (Bulk Area Schedule), based on the Building Inspector's December 9, 2005 Notice of Disapproval concerning the applicant's Lots 3 and 4, proposed with a land area of less than the code required 80,000 square feet in an Agricultural-Conservation (AC) Zone District. Location of Property: 1275 Cedar Beach Road, Southold; CTM 89- 3-1.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 4:28 P.M. NICHOLAS ALIANO #5846. NICHOLAS ALIANO #5846. Request for Variances: (1) under Section 100-239.4A(1), based on the Building Inspector's January 5, 2006 Notice of Disapproval, concerning a building permit (#31581-Z) issued in error, for a location set back less than the code required 100 feet from the top of the Long Island Sound bluff, and (2) based on the Building Inspector's January 13, 2006 Notice of Disapproval, citing Section 100-244, for a reduced front yard setback for alternative relief with the applicant's suggested new dwelling size and location at less than the required 100 feet from the top of the bluff and less than the required 40 feet from the front yard lot line. Location of Property: 3705 Duck Pond Road, Cutchogue: CTM 83-1-12. (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 adjourn to March 30, 2006 at 2:30 p.m. The Resolution was duly adopted (4-0). * * * Page 5 - Minutes Meeting held March 2, 2006 Southold Town Zoning Board of Appeals III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION: Motion offered by Chairwoman Oliva and seconded by Member Goehringer to authorize advertising of new hearings for March 30, 2006 at 9:30 a.m. VOTE OF THE BOARD: Ayes All (4-0). B. The Chairwoman confirmed the scheduled Special Meeting for 6 PM Thursday, March 9, 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 4:55 pm. Respectfully submitted, ?l-u Krrv~ ' r;{d~ Kowlaski Secretary, Board of Appeals Q~I).~ Ruth D. Oliva, Chairwoman Approved for Filing r RECEIVi:D ... fA4 / ; ,MI'H7 JUN 5 2006 ~O?let,d.t./ Souii,old TI..,:n Clerk