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Home My WebLink AboutZBA-05/11/2006 Special APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . . 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 hup:/ /southoldtown .northfork.net MINUTES SPECIAL MEETING THURSDAY, MAY 11, 2006 RECEIVED q. ..P1l.uL <?:O'lam SE~2 6 z006 ~4ClJ-'J,. Soutfold Town (Ier. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 A Special Meeting of the SOUTH OLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Annex (NFB) Building, Second Floor, Executive Board Room, 54375 Main Road, Southold, New York 11971-0959, on Thursday May 11, 2006 commencing at 6:00 p.m. Present were: Gerard P. Goehringer/Member/Chairperson ProTem James Dinizio, Jr./Member Michael A. Simoni Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Assistant and Secretary Absent was: Ruth D. Oliva, Chairwoman/Member 6:02 p.m. Member Goehringer called the meeting to order. The Board proceeded with the first item on the Agenda as follows: DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. The originals of each of the following applications was decided, and determinations filed with the Southold Town Clerk: Aoorovals with Conditions: ZBA File 5865 - Jim and Susan Sweeney ZBA File 5855 - Biel Associates and Gaston Criblez ZBA File 5857 - John Chapman ZBA File 5861 - Nicholas and Irene Rallis ZBA File 5875 - Cheryl Feld and John Margolis Alternate Relief with Conditions: ZBA File 5866 - Jay W. Guild Denial with Grant of Alternate Relief: ZBA File # 5873 - Loretta Campbell Page 2 - Minutes . Meeting held May 11, 2006 Southold Town Board of Appeals . Aooroval as Aoolied: ZBA File 5877 - Rose Hajek ZBA File 5876 - Ralph and Carolyn Sinopoli ZBA File 5871 - Henry Galizia ZBA File 5874 - John and Denise Baner ZBA File 5868 - Estate of Glenn W. Boocock Other Action: ZBA File 5864 - Joseph and Doris Monaco -- reversal RESOLUTIONS/OTHER ACTION: A. RESOLUTION ADOPTED: Motion was offered by Member Goehringer, seconded by Member Simon, and duly carried to authorize advertisinG of aoolications in comolete form for public hearinGs to be held on Thursdav. June 22. 2006 commencinG at 9:30 AM. 9:50 A.M. PHILIP MASCIA #5899. Request for a Variance under Section 100-244, based on the Building Inspector's February 13, 2006 Notice of Disapproval concerning a proposed addition at less than 35 feet from the front lot line and less than 10 feet on a single side yard, at 630 Lake Drive, Southold; CTM 80-4-25. 10:00 AM ALEXANDER SUTTON and TRACY SUTTON #5898. Request for a Variance under Section 100-244, based on the Building Inspector's April 4, 2006 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling and construction of a new garage, in excess of the 20% code limitation for lot coverage, at 325 Horton's Lane, Southold; CTM 63-5-17. 10:10 AM CARL SCHULTHEIS, SR., Individually and as Trustee for CARL H. SCHULTHEIS, JR.. #5878-A. Request for a Lot Waiver under Section 100-26 to unmerge a vacant land area of 21.892 square feet (CTM 1000-118-3-5) from an adjacent land area of 40,898 square feet (CTM 118-3-9), based on the Building Inspector's October 27, 2005 Notice of Disapproval pursuant to Section 100-25, determining the properties have been merged. Location of Property: 1305 Bayberry Road and Clearwater Lane, Cutchogue, containing 58,911 square feet as merged. Zone District: R-40 Residential. 10:20 AM MARIO and JOAN SHORTINO #5900. Request for a Variance under Section 100- 244, based on the Building Inspector's April 17, 2006 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling, which new construction will exceed the code limitation of 20% iot coverage, at 450 Bay Road, Cutchogue; CTM 116-2-18. 10:40 AM CLEM CHARNEWS, Owner (Contract Vendees: Shannon Goldman and Deborah McKeand) #5887. Location of Property: 8605 Sound view Avenue, Southold. Based on an application submitted to the Building Inspector and his March 31, 2006 Notice of Disapproval which states that the properties, located in an R-40 Zone District, are merged (97,088 square feet . Page 3 - Minutes . Meeting held May 11, 2006 Southold Town Board of Appeals . combined area) pursuant to Section 100-25 and the proposed dwelling does not meet the code required minimum of 40 feet from the front lot line. The applicants request: (1) a Lot Waiver to Unmerge under Section 100-26 concerning properties consisting of 23,277 square feet for CTM 59-6-27.2 and 73,811 square feet for CTM 59-6-27.3; and (2) if a Waiver is granted to unmerge the properties, then a setback variance is requested under Section 100-244 to locate a proposed neW dwelling at less than 40 feet from the front lot line, after removal of the existing structure. 10:55 A.M. STEPHEN and JOAN LATHAM #5904. Request for a Variance under Sections 100- 242A (referring to ZBA File #5039 Walz Interpretation dated 1/24/2002), and 100-244, based on the Building Inspector's May 12, 2006 amended Notice of Disapproval concerning a proposed addition with alterations to the existing dwelling, which location constitutes an increase in the degree of nonconformance when located less than 35 feet from the rear property line at 60 Rogers Road, Southold; CTM 66-2-19.1. 11:05 A.M. LEONARD PAROLl #5901. Request for a Variance under Section 100-31A(1), based on the Building Inspector's March 27, 2006 Notice of Disapproval concerning an as-built accessory building (pool house accessory use). The reason stated for disapproval is that the as- built construction constitutes a second dwelling uSe. The original building permit was issued November 15, 2004 for an unheated accessory storage structure (BP #30770), and the applicant requests an amendment to include heat and other modifications for plumbing and related. Location of Property: 525 Orchard Street, Orient; CTM 25-2-20.11. 11:20 A.M. ROBERT and JACKIE SULLIVAN #5902. Request for a Variance under Section 100-242A (referring to ZBA Interpretation No. 5039 dated 1/24/02) and 100-244, based on the Building Inspector's April 24, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which constitutes an increase in the degree of nonconformance when located less than 15 feet from a single side yard and less than 35 feet for both side yards combined, at 2715 Nassau Point Road, Cutchogue; CTM 104-13-8. 11 :35 A.M. ALLAN and ELLEN WEXLER #5903. Request for a Variance under Section 100-33, based on the Building Inspector's April 19, 2006 Notice of Disapproval concerning a proposed conversion of an existing unheated seasonal cottage to an accessory building; to remain in its present location, and to construct a new dwelling which places accessory buildings in yards other than the code required rear yard, at 10900 North Bayview Road, Southold; CTM 79-8-18.1 11:45 A.M. JAMES FITZGERALD #5905. Request for a Variance under Section 100-231, based on the Building Inspector's February 3, 2006 Notice of Disapproval, updated April 24, 2006, concerning fence in a front yard at a height exceeding the code-limitation of six feet, at 50 Oak Drive and Haywaters Drive, Cutchogue; CTM 104-5-25. 11 :50 A.M. RALPH and CARMELA CONSTANTINO #5908. Request for a Variance under Section 100-33, based on the Building Inspector's May 9, 2006 Notice of Disapproval concerning a proposed swimming pool in a yard other than the code required rear yard, at 2105 Browns Hill Road, North View Drive and South View Drive, Orient; CTM 13-1-8. . Page 4 - Minutes . Meeting held May 11, 2006 Southold Town Board of Appeals . Vote of the Board: Ayes: Members Goehringer, Dinizio, Simon and Weisman. (Absent was Chairwoman Oliva). This Resolution was duly adopted (4-0). RESOLUTIONS/OTHER ACTION, Continued B. Nicholas ALIANO #5846. (PH held 4/27/06). RESOLUTION ADOPTED: Motion was made by Member Goehringer, seconded by Member Weisman, it was RESOLVED, to extend written portion to May 25,2006, with submissions by 5/22/06 if possible by the applicant. Vote of the Board: Ayes: Member Goehringer, Dinizio, Simon and Weisman. (Absent was Chairwoman Oliva.) This Resolution was duly adopted (4-0). C. Regular meeting confirmed for May 25, 2006. D. 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, Member Goehringer declared the meeting adjourned. The meeting adjourned at 7:40 p.m. . . . Respectfully submitted, L_~~M'~- I{{;;;~ Kowalski Included by Reference: Filed ZBA Decisions (13) ~ FJ. ~Qolvd. Ruth D. Oliva, Chairwoman Approved for Filing