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Home My WebLink AboutZBA-08/17/2006 Special . . . . APPEALS BOARD MEMBERS Mailin~ Address: Ruth D. Oliva, Chairwoman Southold Town Hall Gerard P. Goehringer 53095 Main Road. PO. Box 1179 Southold, NY 11971-0959 James Dinizio, Jr. Office Location: Michael A. Simon Town Annex /First Floor, North Fork Bank Leslie Kanes Weisman 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS ct~ IO'3iCl.-m. TOWN OF SOUTHOLD NOV 2 2 2006 Tel. (631) 765-1809. Fax (631) 765-9064 ~~. . ~J'. MINUTES Sout old Town (ler' SPECIAL MEETING THURSDAY, AUGUST 17, 2006 A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971-0959, on Thursday August 17, 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 Leslie Kanes Weisman, Member Linda Kowalski, ZBA Assistant and Secretary 6:00 p.m. Chairwoman Oliva called the meeting to order. The Board proceeded with the first item on the Agenda as follows: DELlBERATIONSIDECISIONS: 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: Resolution - Reooened Public Hearina: Motion was offered by Chairwoman Oliva, seconded by Member Weisman, to reopen and advertise Fishers Island Windswept Properties, LLC and Rosalyn Driscoll #5883 for a public hearing to be held September 28, 2006. Vote of the Board: Ayes: Member Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). Aoorovals with Conditions: ZBA File 5923 - Scott & Wendy Albrecht ZBA File 5913 - Pamela Smith (a1k1a Pamela Katzer) ZBA File 5910 - Barbara Thermos ---...----- --...--.. ---- Page 2 - Minutes . . Meeting held August 17, 2006 Southold Town Board of Appeals Aooroval as Aoolied: ZBA File 5917 - Joseph Gonzales ZBA File 5909 - John Mazur Jr., & Alice Mazur ZBA File 5907 - Jennifer B. Gould ZBA File 5911 - Robert and Betty Fox ZBA File 5916 - John Rabkevich ZBA File 5922 - Alfred Frodella ZBA File 5918 - Stephen Matteini and Stenda Realty, LLC RESOLUTIONS/OTHER ACTION: A. Motion was offered by Member Oliva, seconded by Member Goehringer, and duly carried to authorize advertisina of aoolications in comolete form for oublic hearinas to be held on Thursdav. Auaust 31.2006 commencina at 9:30 AM. 9:35 AM. JUDLlA VIDULlCH #5930 - The Applicant-Owner is requesting a Special Exception under Article III, Section 280-31B (formerly 100-31), sub-section 13 of the Zoning Code, to establish an Accessory Apartment within the existing applicant's dwelling as the principal building, at 375 Goose Creek Lane, Southold; CTM 78-8-20. 9:40 AM. MARY BUTZ #5920. Request for a Variance under Section 280-33 (formerly 100-33), based on the Building Inspector's June 2, 2006 Notice of Disapproval, amended June 8, 2006 concerning a proposed pergola structure in a location at less than the code-required 40 feet from the front property line, at 2022 Hyatt Road, Southold; CTM 1000-50-1-21. 9:45 A.M. THOMAS CAVANAGH #5932. Request for a Variance under Section 280-239.4B (formerly 100-239.4), based on the Building Inspector's May 1, 2006 Notice of Disapproval concerning a proposed deck addition to the dwelling which will be less than the code-required 75 ft. minimum from the existing wood bulkhead, at 600 Little Peconic Bay Road, Cutchogue; CTM 111-14-13. 9:50 A.M. GREG and RITA TYLER #5935. Request for Variances under Sections 280-33 and 280-244 (formerly 100-33 and 100-244), based on the Building Inspector's May 23, 2006 Notice of Disapproval, amended August 1, 2006, concerning: (1) lot coverage in excess of the code maximum of 20% for new construction as proposed, (2) proposed porch at less than 35 feet from the front yard lot line, and (2) accessory garage proposed partially in a side yard rather than entirely in the required rear yard, at 300 Bayer Road, Mattituck; CTM 139-3-23. 9:55 A.M. LUKE SLACK #5935. Request for a Variance under Sections 280-242 and 280-244 (formerly 100-242 and 100-244), based on the Building Inspector's May 30, 2006 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling, which will create an increase in the degree of nonconformance when located less than the code-required minimum front yard setback of 40 feet, at 805 Harbor Lane, Cutchogue; CTM 97-6-13. 10:00 AM. PAUL MALONEY #5947. Request for a Variance under Section 280-33 (formerly 100-33), based on applicant's prior Variance application with site diagram submitted under Appeal No. 5947, concerning a proposed garage at less than 40 feet from the front yard lot line (after removal of the existing nonconforming garage), at 1020 Goose Creek Lane, Southold; CTM 78-8-3. - ----------------- ------------..--- -- --- ----- ---- ---------- --- Page 3 - Minutes . . Meeting held August 17, 2006 Southold Town Board of Appeals RESOLUTIONS/OTHER ACTION. Continued: 10:05 AM. FHV, LLC #5919. Request for a Variance related to Conditions under ZBA Appeal No. 3931 and initial Notice of Disapproval issued March 15, 1990 by the Building Inspector, stating that a second business requires 30,000 square feet of land area per use under Section 100-102 (re-numbered 280-102). The applicant currently wishes to construct an accessory building for inside storage, disapproved by the Building Inspector on January 27,2006 for the reason that the proposed construction is in violation of a condition. Location of Property: 6619 Route 25, Laurel; CTM 125-1-19.7. Zone District: B General Business. 10:10 AM. JAMES TOZAR #5937. Request for a Variance under Section 280-244 (formerly 100-244), based on the Building Inspector's May 15, 2006 Notice of Disapproval concerning a proposed addition at the rear of the dwelling with a setback less than the code-required 60 feet, at 7500 New Suffolk Avenue, Mattituck; CTM 115-17-17.26. 10:25 A.M. PHILIP PALMERI #5625. Request for a Variance under Section 280-33 (formerly 100-33), based on the Building Inspector's May 8, 2006 Notice of Disapproval concerning an accessory swimming pool proposed in a yard other than the code-required rear yard, at 2165 Reydon Drive, Southold; CTM 80-2-24.1. 10:35 AM. JIM and JANET D'ADDARIO #5928. Request for a Variance under Section 280-244 (formerly 100-244), based on the Building Inspector's March 6, 2006 Notice of Disapproval concerning additions/alterations which will be less than the code required 15 feet on one side and less than 35 feet for combined side yards, at 8960 Peconic Bay Boulevard, Laurel; CTM 126-5-6. 10:45 AM. KARNICK GARIPIAN and HACI GARIPIAN #5931. Request for Variances under Sections 280-239.4 and 280-244 (formerly 100-239.4 and 100-244), based on the Building Inspector's May 4,2006 Notice of Disapproval concerning construction of an enlarged new dwelling, after demolition of the existing dwelling. The new construction is proposed less than 100 feet from the top of the bluff or bank of the LI Sound, less than the code-required 15 feet on one side yard, and less than the code-required combined side yard total of 35 feet. Location of Property: 54715 C.R. 48 (a/k1a Middle Road or North Road), Southold; CTM 44-1-1. 10:55 AM. JOHN SHACK JR. #5933. Location of Property: 1265 Shore Drive, Greenport; CTM 47-2-26.1. Requests for: Variances under Sections 280-242A, 280-239.4B, and 280-244 (formerly 100-242A, and 100-239.4B, 100-244), based on the Building Inspector's April 11 , 2006 Notice of Disapproval, amended June 23, 2006 concerning a proposed additions, alterations to the existing single-family dwelling for the reason that the additions and alterations will constitute an increase in the degree of nonconformance when located less than the code-required 10ft. minimum on a single side yard and less than 25 ft. total side yard minimum, and proposed less than the code-required 75 ft. minimum from the bulkhead, and Special Exception under Section 280-31B (formerly 100-31B) to establish an Accessory Apartment within the existing applicant's dwelling (the principal building). 11 :05 AM. LEONARD ROSENBAUM #5938. Request for Variances under Sections 280-242A and 280-244 (formerly 100-242A and 100-244), based on the Building Inspector's June 7, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which will constitute an increase in the degree of nonconformance (ref. ZBA Interpretation No. 5039 - Walz Property) with a front yard setback less than 40 feet and less than the code-required 75 ft. minimum from the existing bulkhead. Location of Property: 965 Osprey Nest Road, Greenport; CTM 35-6-24.1. --- -- ~age 4 - Minutes . . Meeting held August 17, 2006 Southold Town Board of Appeals RESOLUTIONS/OTHER ACTION. Continued: 11 :15 AM. GEORGE and SANDRA ENGELKE #5895. Request for Variances under Sections 280-33B(4), 280-239.4B (formerly 100-33,100-239.4), based on the Building Inspector's March 20, 2006 Notice of Disapproval, amended June 5, 2005, concerning substantial demolition of the existing dwelling and proposed new construction of an enlarged dwelling, new covered porch areas, proposed new swimming pool, proposed accessory building (referred to as 'beach house') proposed with the following nonconforming setbacks: (a) 68'8" from the new dwelling/covered porch to the existing wood bulkhead; (b) 47'6" from the new swimming pool structure to the existing wood bulkhead, (c) 1'3" to the side lot line and 27'6" to the bulkhead from the new accessory 'beach house' building, (d) new outdoor shower structure at zero setback from the side lot line. The minimum setbacks required by code for new construction are: (1) 75 feet from the bulkhead, (2) 20 ft. minimum from the side lot line. Location of Property: 5704 Indian Neck Lane, Peconic; CTM 98-5-14.3. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. The Resolution was duly adopted (5-0). RESOLUTIONS/OTHER ACTION. Continued: B. The Chairwoman confirmed the next Regular Meetings for August 31 and September 28, 2006 at 9:30 AM. C. RESOLUTION ADOPTED (RO): Motion offered by Member Goehringer, seconded by Chairwoman Oliva, to include the following paragraph within each decision rendered by the Board and authorizing ZBA staff to prepare a template for this insertion: The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Member Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). D. RESOLUTION ADOPTED (RO): Motion offered by Member Weisman, seconded by Chairwoman Oliva, to request completion by applicant of a Long Environmental Assessment Form as required under SEQRA in the application of S&S Rozenbaum, ZBA File #5691. Vote of the Board: Ayes: Member Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). E. RESOLUTION ADOPTED (RO): Motion offered by Member Weisman seconded by Chairwoman Oliva to authorize ZBA staff to advertise and reopen the public hearing in the matter of ZBA file #5855 for Biel Associates, and the matter of ZBA File #5810 for Dr. D. Miller to be held on August 31, 2006 after receipt of a complete application and $150 filing fee from applicant for the amended plan with de minimis roof change. . l>age 5 - Minutes . . Meeting held August 17, 2006 Southold Town Board of Appeals Vote of the Board: Ayes: Member Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). . * * 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 7:35 P.M. Respectfully submitted, &J1d~~t1kb' [Inda owals i Included by Reference: Filed ZBA Decisions (10) RECEIVED ~ ill d)~ 4- ~ IO'.31Q.tY\. Ruth D. Oliva, Chairwoman NOV 2 2 2006 Approved for Filing ~a2;k"'~J... Sout old Town (Ier.