HomeMy WebLinkAboutZBA-06/29/2006 Special
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APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 . Fax (631) 765-9064
MINUTES
SPECIAL MEETING
THURSDAY, JUNE 29, 2006
Mailine: 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
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OCT 1 0 2006
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A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the
Southold Town Annex (NFB) Building, 54375 Main Road, South old, New York 11971-0959, on Thursday
June 29, 2006 commencing at 6:00 P.M.
Present were:
Ruth D. Oliva, Chairwoman/Member
Gerard P. Goehringer/Member
James Dinizio, Jr.lMember
Michael A. Simon/ Member
Linda Kowalski, ZBA Assistant and Secretary
Absent was: Leslie Kanes Weisman, Member
6:05 p.m. Chairwoman Oliva 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 were decided, with the original determinations filed with the Southold
Town Clerk:
Aoorovals with Conditions:
ZBA File 5902 - Robert and Jackie Sullivan
ZBA File 5908 - Ralph and Carmela Constantino
Denial with Grant of Alternate Relief:
Aooroval as Aoolied:
ZBA File 5898 - Alexander and Tracy Sutton (present was D. Doty, Esq.)
ZBA File 5886 - Richard Perry
ZBA File 5870 - Sheila R. Kennedy (Rauch Partners LP, Owners)
ZBA File 5899 - Philip Mascia
ZBA File 5900 - Mario and Joan Shortino
ZBA File 5904 - Stephen and Joan Latham
ZBA File 5905 - James Fitzgerald
Page 2 - Minutes
Meeting held June 29, 2006
Southold Town Board of Appeals
Denied:
ZBA File 5878A - Carl Schultheis, Sr., Individually and as Trustee for Carl H. Schultheis, Jr.
ZBA File 5887 - Clem Charnews, Owner (Contract Vendees: Shannon Goldman and Deborah McKeand
ZBA File 5901 - Leonardo Paroli
RESOLUTIONS/OTHER ACTION:
A. Motion was offered by Member Goehringer, seconded by Member Simon, and duly carried to
authorize advertisina of aDDlications in comDlete form for Dublic hearinas to be held on Thursdav.
Julv 27. 2006 commencina at 9:30 AM.
9:40 A.M. JOSEPH GONZALES #5917. Request for a Variance under Section 280-242A
(formerly 100-242A), based on the Building Inspector's May 8, 2006 Notice of Disapproval
concerning a proposed addition and alterations, which will constitute an increase in the degree of
nonconformance when located less than 35 feet from the front yard lot line (ref. ZBA
Interpretation No. 5039 and Section 280-244, Zoning Code Bulk Schedule for lots containing less
than 20,000 square feet in size). Location of Property: 2700 Ole Jule Lane, Mattituck; CTM 122-
4-14.
9:45 A.M. SCOTT and WENDY ALBRECHT #5923 - Request for a Variance under Section 280-
33 (formerly 100-33), based on the Building Inspector's May 17, 2006 Notice of Disapproval for a
building permit for a new in-ground swimming pool in a yard other than the required rear yard, at
5665 Main Road, Laurel; CTM 125-1-15.1.
9:55 A.M. JOHN MAZUR, JR. and ALICE MAZUR #5909. Request for Variances under Sections
280-242A (referring to Interpretation under Walz Appeal No. 5039) and 280-244, based on the
Building Inspector's April 3, 2006 Notice of Disapproval, amended May 18, 2006, stating that the
new construction will increase the degree of nonconformance when located with a front yard
setback less than 35 feet and a rear yard setback less than 35 feet, and with an new increase of
lot coverage in excess of the code limitation of 20%, at 3200 Camp Mineola Road, Mattituck;
CTM 123-5-36.2.
10:05 A.M. JENNIFER B. GOULD #5907. Request for Variances under Sections 280-242A
(referring to Interpretation under Walz Appeal No. 5039) and 280-244, based on the Building
Inspector's April 27, 2006 Notice of Disapproval concerning proposed additions and alterations to
the existing dwelling. The reasons stated in the Notice of Disapproval are that the new
construction will constitute an increase in the degree of nonconformance when located less than
10 feet on a single side yard and less than 25 feet for the total combined side yards, at 1825
Truman's Path, East Marion; CTM 31-13-3.
10:15 A.M. BARBARA THERMOS #5910. Request for a Variance under Section 280-32, based
on the Building Inspector's May 18, 2006 Notice of Disapproval concerning a proposed dwelling
with a number of stories above the code limitation of 2-1/2 stories, at 355 Sound Beach Drive,
Mattituck; CTM 99-1-19.
10:25 A.M. ROBERT and BETTY FOX #5911. Request for a Variance under Section 280-30A.3,
based on the Building Inspector's May 1, 2006 Notice of Disapproval concerning proposed
additions and alterations to the existing dwelling with a setback less than 50 feet from the front
yard lot line, at 940 Laurelwood Drive, Laurel; CTM 127-7-8.
Page 3 - Minutes
Meeting held June 29, 2006
Southold Town Board of Appeals
10:35 AM. PAMELA SMITH (a1k/a Pamela Katzer) #5913. Request for a Variance under
Section 280-244, based on the Building Inspector's May 11, 2006 Notice of Disapproval
concerning an as-built deck at less than 35 feet from the front yard lot line, at 550 Dolphin Drive,
Greenport; CTM 56-7-10.
10:45 AM. JOHN RABKEVICH #5916. Request for Variances under Section 280-242A
(referring to Interpretation under Walz Appeal No. 5039) and 280-244, based on the Building
Inspector's May 22,2006 Notice of Disapproval, amended June 6, 2006 conceming an addition to
the existing dwelling which will constitute an increase in the degree of nonconformance at less
than 40 feet from the front yard lot line and for a swimming pool location in a yard other than the
code-required rear yard, at 800 Cedar Drive (and Miller's Road), Mattituck; CTM 106-10-23.
10:55 AM. ALFRED FRODELLA #5922. Request for a Variance under Sections 280-242A and
280-244, based on the Building Inspector's April 24, 2006 Notice of Disapproval conceming as-
built additions/alterations to the existing dwelling and ZBA Interpretation #5039, for the reason
that the new construction will constitute an increase in the degree of nonconformance when
located less than 60 feet from the front lot line. Location of Property: 40735 C.R. 48 (a1k/a North
Road or Middle Road), Southold; CTM 59-7-29.2.
11 :05 A.M. STEPHAN SEQUOIN #5766. Request for Variances under Section 280-242A (based
on Interpretation under Walz Appeal No. 5039) and 280-244, based on the Building Inspector's
June 13, 2005 Notice of Disapproval, amended June 16, 2006, concerning proposed additions
and alterations to an existing dwelling. The reasons stated for disapproving the building permit
application are that the new construction will constitute an increase in the degree of
nonconformance when located less than 35 feet from the front yard lot line and less than 35 feet
from the rear yard lot line, at 3500 Lighthouse Road, Southold; CTM 50-2-1.
11 :15 AM. STEPHEN MATTEINI and STENDA REAL TV, LLC #5918. Requesltor a Variance
under Section 280-32 (formerly 100-32), based on the Building Inspector's April 12, 2006 Notice
of Disapproval concerning a proposed open, roofed-over front entry addition which will be less
than the code-required 35 feet from the front yard lot line, at 1060 Willow Terrace Lane, Orient;
CTM 26-2-22.
1 :00 P.M. BOARD OF TOWN TRUSTEES, TOWN OF SOUTHOLD - ZBA #5914. Request for
Town-Wide Interpretation of Zoning Code Section 280-241 (formerly 100-241) regarding the
following question: Where a legal nonconforming, preexisting dock/marina use is issued a
wetlands permit that requires docks to be relocated in the same general area and reduced both in
size and number, would compliance with those conditions cause the docks/marina to lose their
legal nonconforming status under Section 100-241.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio and Simon. The Resolution
was duly adopted (4-0).
RESOLUTIONS/OTHER ACTION. Continued
B. The Chairwoman confirmed the next Regular Meeting for July 27,2006 at 9:30 A.M.
. . .
Brief reviews of pending files and general discussion by Board Members followed.
. . .
Page 4 - Minutes
Meeting held June 29, 2006
South old 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 adjoumed at 7:20 P.M.
Respectfully submitted,
'7i._~d A'/dw~'
l(~~alski
Included by Reference: Filed ZBA Decisions (12)
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Ruth D. Oliva, Chairwoman
Approved for Filing
RECEIVED
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OCT 1 0 2006
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Soufhold Town C1er'