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Home My WebLink AboutZBA-09/14/2006 Special APPEALS BOARD MEMBERS . . Mailing Address: Ruth D. Oliva, Chairwoman Southold Town Hall 53095 Main Road. P.O. Box 1179 Gerard P. Goehringer 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 C/- tf,lul/O:37a...fY). TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 ~ 2006 Clf?..."/I.. MINUTES SPECIAL MEETING Southold Town (Ier' THURSDAY, SEPTEMBER 14, 2006 A Special Meeting of the SOUTH OLD TOWN BOARD OF APPEALS was held at the South old Town Annex (NFB) Building, 54375 Main Road, Southoid, New York 11971-0959, on Thursday, September 14, 2006 commencing at 6:00 p.m. Present were: Ruth D. Oliva, Chairwoman, Member Gerard P. Goehringer, Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Assistant and Secretary Absent were: James Dinizio, Jr., Member Michael A Simon, Member 6:20 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 South old Town Clerk: InterDretation: ZBA File 5914 - Board of Town Trustees, Town of South old ADDrovals with Conditions: ZBA File 5930 - Julia Vidulich ZBA File 5766 - Stephan Seguoin ZBA File 5808 - Thomas Cavanagh ZBA File 5919 - FHV, LLC ZBA File 5925 - Philip Palmeri ZBA File 5938 - Leonard Rosenbaum ADDrovals as ADDlied: ZBA File 5920 - Mary Butz ZBA File 5935 - Luke Slack ZBA File 5947 - Paul Maloney ZBA File 5937 - James Tozar -, -- Page 2 - Minutes . . Meeting held September 14, 20 Southold Town Board of Appeals ADDfDvals as ADDlied, Continued: ZBA File 5928 - Jim and Janet D'Addario Denied with Alternative Relief: ZBA File 5936 - Greg and Rita Tyler ZBA File 5895 - George and Sandra Engelke RESOLUTIONSIOTHER ACTION: A. Motion was offered by Chairwoman Oliva, seconded by Member Simon, and duly carried, to authorize advertisino of aDDlications in comDlete form for Dublie hearinos to be held on Thursdav. SeDternber 28. 2006. comrnencino at 9:30 AM. 9:30 AM. HOWARD S. and VALERIE MICHELSEN #5957. Request for a Variance under Sections 100-242A (ZBA Interpretation No. 5039 in the Walz Application) and 100-244, based on the Building Inspector's August 1, 2006 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling which will increase the degree of nonconformance when located less than 35 feet from the front lot line, at 860 Rabbit Lane, East Marion; CTM 31-18-18. 9:35 AM. EDMUND J. and MARGUERITE GIORDANO #5950. Request for a Variance under Section 100-244, based on the Building Inspector's August 4, 2006 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling with a front yard setback at less than 40 feet, at 60 Case Road (and Bay Road), Cutchogue; CTM 116-2-16.1. 9:40 AM. FRANK ORITO #5954. Request for a Variance under Section 100-244, based on the Building Inspector's June 9, 2006 Notice of Disapproval concerning a proposed addition to the existing dwelling which will be less than 50 feet from the rear lot line, at 2420 Stars Road, East Marion; CTM 22-2-18. 9:45 AM. MICHAEL and KATHRYN RUSSO #5955. Request for Variances under Sections 100- 244 and 100-33, based on the Building Inspector's August 1, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, and relocation of an existing hot tub and shed structures. The front yard setback will be less than 35 feet, and the accessory structures will be relocated to a side yard, rather than in the required rear yard, at 775 Oakwood Drive, Southold; CTM 90-4-22. 9:50 AM. PECONIC BAY MATERIALS #5940. Request for a Special Exception under Zoning Code Section 100-81 B(2) to convert the existing use from a landscape contractor's yard approved under ZBA No. 5365, to a contractor's business and yard, at 260 Cox Neck Road, Mattituck; CTM 113-14-10. Zone District: LB Limited Business. 10:00 AM. MARY McCABE #5799. Request for a Variance under Section 100-33, based on the Building Inspector's August 17, 2006 Notice of Disapproval concerning a proposed swimming pool in a yard other than the required rear yard, at 250 Anglers Road (and unimproved right-of- way known as Meadow Lane), Greenport; CTM 36-2-20.1. 10:05 A.M. CUTCHOGUE-NEW SUFFOLK FREE LIBRARY #5945. Request for a Variance under Sections 100-242A (based on ZBA Interpretation No. 5039 in the Walz Application) and 100-244, based on the Building Inspector's July 14, 2006 Notice of Disapproval concerning a proposed addition and alterations to an existing library building for the reason that there will be an ~! - Page 3 - Minutes . . Meeting held September 14, 20 Southold Town Board of Appeals RESOLUTIONSIOTHER ACTION, Continued: increase in the degree of nonconformance when located at less than 40 feet from the rear lot line, at 27550 Main Road, Cutchogue; CTM 109-6-2. 10:10 AM. DAVID SCIACCHITANO #5953. Request for a Variance under Section 100-33, based on the Building Inspector's July 21, 2006 Notice of Disapproval concerning a proposed swimming pool in a side yard and with a setback at less than 20 feet from any lot line, at 755 Harbor Lane, Cutchogue; CTM 97-6-8. 10:15 A.M. THOMAS E. and HELEN K. FOX #5952. Request for a Variance under Section 100- 244, based on the Building Inspector's June 5, 2006 Notice of Disapproval concerning a proposed deck addition at less than 35 feet from the front lot line, at 365 Freeman Road, Mattituck; CTM 139-3-38. 10:30 AM. HOUSE OF DAIGE #5926. This is an Appeal: (1) requesting a determination that will recognize a 6,000 square foot lot for the purpose of adding a single-family dwelling, instead of its present zoning restrictions applied for (by a prior owner) and granted September 29, 1969 under Appeal No. 1290. The application dated 1969 requesting a split of the property, allowing the 6,000 square foot portion to be used as a garage, as an accessory to their home across the street, and with the remaining portion of the land (adjacent dwelling now or formerly of Hoffman - CTM Parcel 52-3-14.1.), and (2) based on the Building Inspector's May 30, 2006 Notice of Disapproval, requesting a proposed dwelling, after removal of the existing garage, at less than the code-required 25 ft. minimum side yard setback. Location of Property: 1195 Ruch Lane, Greenport; CTM 52-3-13. 10:35 AM. DAVID G. HOFFMAN #5927. Request for a Variance under Section 100-33, based on the Building Inspector's June 7, 2006 amended Notice of Disapproval concerning a proposed accessory garage in a front yard instead of the code-required rear yard, at 1275 Ruch Lane, Greenport; CTM 52-3-14.1. 10:45 AM. GLENN and KRISTAN BURLINGAME #5942. Request for Variances under Sections 100-242A and 100-244, based on the Building Inspector's July 3, 2006 Notice of Disapproval concerning additions to the existing single-family dwelling which will increase the degree of nonconformance (interpreted under ZBA No. 5039 in the Walz Application), when the new construction is located less than 40 feet from the front lot line. In addition, the as-built deck is less than 40 feet from the front lot line. Location of Property: 2395 West Creek Avenue, Cutchogue; CTM 110-2-8. 10:55 AM. PECONIC LANDING, INC. #5949. Request for a Special Exception under ZONING Code Section 280-22B(4) for approval of conversion of the existing building, in part for apartment, offices and space for public events, at Brecknock Hall, 1500 Brecknock Road, Greenport; CTM 35-1-25. A Notice of Disapproval was issued March 9, 2006 by the Building Inspector indicating a Special Exception approval is required from the Zoning Board of Appeals, and site plan approval required from the Planning Board under Section 100-316(16). 11 :05 A.M. MARGARET TRAVIS RADACINSKI #5943. Request for a Variance under Section 100-231, based on the Building Inspector's July 10, 2006 Notice of Disapproval concerning a proposed fence which will exceed the maximum height limitation of four feet along a front yard, at 69435 C.R. 48, Greenport; CTM 35-1-8. 1 :00 P.M. ANDREW ANSELMO and VERA ANSELMO #5921. Request for Variances under Sections 100-31 and 100-33, based on the Building Inspector's June 6, 2006 amended Notice of Disapproval concerning applicant's submission of a request for a building permit to re-build an existing accessory non-habitable barn: (a) for the owner's private accessory music workshop . Page 4 - Minutes . . Meeting held September 14, 20 South old Town Board of Appeals RESOLUTlONSIOTHER ACTION, Continued: with bathroom and related music and game room activities, and not as a dwelling; (b) for a height exceeding the code limitation of 18 feet, and with a setback at less than 10 feet the property line. Location of Property: 31605 C.R. 48, Southold; CTM 74-1-23. 1 :30 P.M. KENNETH GLASS and LAURIE RAFKIN #5951. Request for a Variance under Section 100-244, based on the Building Inspector's July 31 , 2006 Amended Notice of Disapproval concerning a proposed deck addition with hot-tub, which will exceed the maximum permitted lot coverage limitation of 20%, at 1710 Minnehaha Boulevard, Southold; CTM 87-3-52. 1 :40 P.M. JOE BAJADA and LORRAINE BAJADA #5944. Request for either Plan A or Plan B. Variances are requested under Sections 100-31 A and 100-244, based on the Building Inspector's May 9, 2006 Notice of Disapproval concerning the proposed demolition of the existing nonconforming building and to construct a new nonconforming (second) dwelling. The reasons stated in the disapproval are that under Zoning Code Section 100-31 A, only one dwelling is permitted on each lot, and Section 100-244 requires a minimum single side yard at 15 feet. Location of Property: 7972 Peconic Bay Boulevard, Laurel; CTM 126-11-16. 1 :50 P.M. JOHN DILLER #5884. Request for Variances under Sections 100-239.4B and 100- 244, based on the Building Inspector's February 8, 2006 Notice of Disapproval stating that the proposed new dwelling construction is not permitted when a single side yard is less than 15 feet, total side yards are less than 35 feet, and setback is less than 75 feet to the bulkhead. Location of Property: 60 Great Peconic Bay Boulevard, Laurel; CTM 145-2-1.2. 2:00 P.M. FISHERS ISLAND WINDSWEPT PROPERTIES, LLC and ROSALYN DRISCOLL #5883. Request for a Special Exception under Article III, Section 100-31B, sub-section 13 of the Zoning Code to establish Accessory Apartment, to establish an Accessory Apartment in the existing dwelling located at 1877 Heathulie Avenue, Fishers Island; CTM 1000-9-11-9.3. 2:10 P.M. GREG and DEBORAH DICKERSON #5961. Request for a Variance under Section 100-244, based on the Building Inspector's August 22, 2006 Amended Notice of Disapproval concerning, a proposed garage addition and second-floor addition with a setback at less than the code-required minimum of 10 feet on one side and 15 feet on the other side, resulting in a required combined side yard total at 25 feet, and proposed porch addition at less than 35 feet from the front lot line and swimming pool, which calculated to a lot coverage in excess of the code maximum of 20% for all construction areas. Location of Property: 780 Marlene Lane, Mattituck; CTM 143-2-21. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer and Weisman. This Resolution was duly adopted (3-0). Absent were Members Dinizio and Simon. RESOLUTIONS/OTHER ACTION, Continued B. Brief reviews of pending files and general discussions by Board Members followed. C. Discussion on proposed code change as per correspondence received from Lori Montefusco, Assistant Town Attorney. The draft wording of Section 280-147 (enforcement of ZBA decisions) was accepted. ...... - -- -- . Page 5 - Minutes . . ' , Meeting held September 14, 20 Southold Town Board of Appeals RESOLUTIONSIOTHER ACTION, Continued D. Discussion regarding request of Dr. Rallis for inspection of swimming pool at Sound Drive, Mattituck. Chairwoman Oliva and Member Goehringer confirmed that they would visit the site for inspection. * * * There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:10 p.m. RECEIVED Respectfully submitted, i 1fh6 1O'.31a.m. ~2 2006 ' ~tUi~tfh/~' Cl?tt~J,. inda Kowalski Southold Town (Ier' Included by Reference: Filed ZBA Decisions (If> ~.D ~ .O~~ Ruth D. Oliva, Chairwoman Approved for Filing ~~