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Home My WebLink AboutZBA-06/08/2006 Special 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 SPECIAL MEETING THURSDAY, JUNE 8,2006 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 RECEIVeD q.LOoA -0""--'-' I: 4q f' ""' ' OCT 1 0 2006 {"(l~l~a~ SouthOld Tc,vm Clerk 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 June 8, 2006 commencing at 6:00 p.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer/Member James Dinizio, Jr./Member Michael A. Simon/ Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Assistant and Secretary 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, and original determinations filed with the Southold Town Clerk: AoDrovals with Conditions: ZBA File 5795 - James Curran ZBA File 5892 - Francis W. and Nancy Deegan ZBA File 5891 - Lawrence and Ann Ekster ZBA File 5888 - Sotirios Kassapidis ZBA File 5849 - Stephanie Miritello ZBA File 5882 - Romanelli Brothers, LLC by John Romanelli, President ZBA File 5867 - Richard and Susan Ward ZBA File 5896 - Kevin and Virginia Cotton Alternate Relief: ZBA File 5880 - Thomas and Mary Fitzpatrick Denial with Grant of Alternate Relief: ZBA File # 5890 - Jeanine O'Hagen-Murphy '. .' Page 2 - Minutes . Meeting held June 8, 2006 Southold Town Board of Appeals Aooroval as Aoolied: ZBA File 5897 - Paul & Cheryl Ragusa ZBA File 5879 - Thomas Perillo ZBA File 5860 - Andrew Lowry, Managing Member/343 East 18'h Street ZBA File 5894 - James Bissett III Denied: ZBA File 5889 - Benedict Pollio RESOLUTIONS/OTHER ACTION: A. Motion was offered by Member Goehringer, seconded by Member Simon, and duly carried to authorize advertisina of aoolications in comolete form for oublic hearinas to be held on Thursdav. June 22, 2006 commencina at 9:30 AM, 9:45 AM. SHEILA R. KENNEDY (RAUCH PARTNERS LP, Owners) #5870 (PH #3 pending inspection updates). Request for a Variance under Section 100-32, based on the Building Inspector's February 22, 2006 Notice of Disapproval, concerning a proposed dwelling at less than 60 feet from the front yard line facing a private right-of-way, less than 75 feet from the code- required rear yard line, premises located north of Equestrian Avenue, Fishers Island at Hay Harbor; Lot #2, Minor Subdivision Map of Frances B. Rausch and others, filed 8/11/94 as Map No, 9547; CTM 9-9-22.1, 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. ARLENE and PETER MANOS #5893 Amendment complete as of 6/13 concerning request for an accessory pool added to the proposal, and new location and size of proposed dwelling, all less than 100 feet from the top of the bluff of the LI Sound required under Section 100-239.4A (Demolition of buildings, now vacant land, different from that granted under Building Permit No, 31508-Z; ZBA Variance #5730). Location: 2000 Sound Drive, Greenport; CTM 33-1- 18. 10:00 A.M. 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. ~ Page 3 - Minutes Meeting held June 8, 2006 Southold Town Board of Appeals 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% lot 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 Soundview 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 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) 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 AM. LEONARDO 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 AM. 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 AM. 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 AM. 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 June 8, 2006 Southold Town Board of Appeals Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio and Simon. The Resolution was duly adopted (5-0). RESOLUTIONS/OTHER ACTION. Continued B. RESOLUTION ADOPTED: Motion was made by Chairwoman Oliva, seconded by Member Goehringer, it was RESOLVED, to extend the written portion of May 31,2006 submissions (PH held 4/27/06) to accept written correspondence submitted to ZBA as of June 7, 2006: 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 (#31581Z) 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: 3705 Duck Pond Road, Cutchogue; CTM 83-1-12. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Resolution was duty adopted (5-0). C. The Chairwoman confirmed the next Regular Meeting for June 22, 2006 at 9:30 a.m. . . . Brief reviews of pending files and general discussion 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 adjourned at 8:20 pm. Respectfully submitted, ;{,'-r/JL J/{Wakkc <(id~IKowalMJ V'JfOtf Included by Reference: Filed ZBA Decisions (15) Q-aeb~.&~ Ruth D. Oliva, Chairwoman Approved for Filing RECEIVeD <t ~ \,.4 G f'll") OCT 1 0 2006 ~Cl~~'!'. Soutlff:ldTc.v~n Clerk