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Home My WebLink AboutZBA-10/05/2006 Special APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman hup:/ /southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 . Fax (631) 765-9064 MINUTES SPECIAL MEETING THURSDAY, OCTOBER 5, 2006 Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box I 179 Southold, NY 1197 I -0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) SoutwWCtlYWi ...- ~ 3 -;'oot'lu DEe 2 7 200J . /I ex Jd;I(j ,/I/J " ;,. I.., ALl A! -~,.,. . --. Soiilbold Town Clerk A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the South old Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971-0959, on Thursday, October 5, 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 (arr: 6:55 pm) Linda Kowalski, ZBA Assistant and Secretary 6:10 p.m. Chairwoman Oliva called the meeting to order. The Board proceeded with the first Item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEWS: A. Ok i-Do ZBA #5869: RESOLUTION: Motion offered by Chairwoman Oliva, seconded by Member Goehringer to request coordination to LWRP under Chapter 268 and to request additional time for comments by ZBA and by LWRP representative under SEQRA (before adopting SEQRA declaration/determination). Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon. This Resolution was duly adopted (4-0). B. Cingular and MGH Enterprises (Orient by the Sea Restaurant) Tower ZBA #5939: RESOLUTION: Motion offered by Member Dinizio, seconded by Member Simon to request coordination to LWRP under Chapter 268 and to request additional time for comments by ZBA and by LWRP representative under SEQRA (before adopting SEQRA declaration/determination). Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon. This Resolution was duly adopted (4-0). C. RESOLUTION: Motion offered by Member Goehringer, seconded by Chairwoman Oliva to calendar House of Daige ZBA #5926 October 26, 2006 (for conclusion, with written by October 21, 2006). Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). 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: , Page 2 - Minutes Meeting held October 5, 2006 Southold Town Board of Appeals Approvals with Conditions: ZBA File 5955 - Michael and Kathryn Russo ZBA File 5940 - Peconic Bay Materials ZBA File 5952 - Thomas E. and Helen K. Fox ZBA File 5949 - Peconic Landing ZBA File 5951 - Kenneth Glass and Laurie Rafkin ZBA File 5961 - Greg and Deborah Dickerson Approvals as Applied: ZBA File 5957 - Howard S. and Valerie Michelsen ZBA File 5950 - Edmund J. and Marguerite Giordano ZBA File 5954 - Frank Orito ZBA File 5799 - Mary McCabe ZBA File 5945 - Cutchogue-New Suffolk Free Library ZBA File 5942 - Glenn and Kristan Burlingame ZBA File 5943 - Margaret Travis Radacinski Denied with Alternative Relief: ZBA File 5927 - David G. Hoffman ZBA File 5933 - John Shack, Jr. RESOLUTIONS/OTHER ACTION: A Motion was offered by Chairwoman Oliva, seconded by Member Simon, and duly carried, to authorize advertisina of applications in complete fprm for public hearinas to be held on Thursdav. October 26. 2006. commencina at 9:30 AM. 9:35 AM. JEREMY and LAUREN HAMILTON #5958. Based on the Building Inspector's July 6, 2006 Notice of Disapproval citing Section 100-244B (280-124), a Variance is requested concerning a proposed addition to the dwelling which will have a front yard setback less than the code-required 40 feet, at 1535 Park Avenue, Mattituck; CTM 123-2-31. 9:40 AM. F. MARC and ELLEN WIEDERLlGHT #5966. Based on the Applicants' request to construct additions and alterations to the existing dwelling, and the Building Inspector's August 25, 2006 Notice of Disapproval citing Sections 280-122 and 280-124 for the reason that the additions and alterations will constitute an increase in the degree of nonconformance when located at less than the code-required 35 feet from the front lot line. Location of Property: 50 Fred Street and Fanning Road, New Suffolk; CTM 117-4-22. 9:45 AM. RESOLUTION acceotina written submissions and concludina the record. 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 requested 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 (amended) May 30,2006 Notice of Disapproval, citing Section 100-244 (280-124) regarding a proposed dwelling at less than the code-required 25 ft. minimum side yard setback. Location: 1195 Ruch Lane, Greenport; CTM 52- 3-13. 'Page 3 - Minutes Meeting held October 5, 2006 Southold Town Board of Appeals RESOLUTIONS/OTHER ACTION, (Continued) 9:50 AM. WALTER and KRISTIN PRESTON #5959. Based on the Building Inspector's August 8,2006 Notice of Disapproval citing Section 100-33 (280-15), Variances are requested to locate two accessory structures (swimming pool and garage) proposed in a yard other than the code- required rear yard, at 1750 Reydon Drive, Southold; CTM 80-2-18.1. 9:55 AM. JOSEPH and JOAN FUDJINSKI #5962. Based on the Building Inspector's August 22, 2006 Notice of Disapproval citing Section 100-241 (280-121A), a Variance is requested to make alterations to the existing two-family dwelling containing three apartments, and converting it to a single-family dwelling with two apartments, at 16500 Main Road (at Fourth Street), New Suffolk, CTM 117-9-13. 10:05 AM. JOSEPH POLASHOCK #5963. Based on the Building Inspector's July 21,2006 Notice of Disapproval, amended August 31, 2006, citing Code Sections 100-31 (280-13) and 100- 33 (280-15), Variances are requested concerning an existing accessory building (ref. Building Permit #3839, issued 4/11/68; ZBA File #1074 granted 3/30/67 and ZBA File #3104 granted 4/20/83) constructed with a height exceeding the code limitation of 18 feet and with an as-built living area or second dwelling unit which is not permitted as an accessory use. Location of Property: 570 Third Street, New Suffolk; CTM 117-9-21. 10:15 AM. ROBERT P. FISHER, JR. individually and as attorney-in-fact for KIMOGENOR POINT COMPANY #5967. Based on the applicants' request for a building permit to construct an addition to existing dwelling #3, and the Building Inspector's September 12, 2006 Notice of Disapproval citing Section 280-13, a Variance is requested for the reason that the construction is not permitted on a lot which contains more than one dwelling, at Kimogenor Point, New Suffolk; CTM 117-10-1. 10:20 AM. MARGARET and HOWARD MEINKE #5968. Based on applicant's request for a building permit and the Building Inspector's September 1, 2006 Notice of Disapproval citing Section 100-244 (280-124) concerning additions to the existing dwelling at less than 15 feet on a single side yard and less than 35 feet for the combined side yard area, at 7075 Peconic Bay Boulevard, Laurel; CTM 126-10-14. 10:30 AM. MONTE and CAROLYN REDMAN #5956. Based on the Building Inspector's July 31, 2006 Notice of Disapproval citing Section 100-30A.3 (280-14), a Variance is requested for deck construction at less than 15 feet on a single side yard and less than 35 feet combined for both side yards, at 4510 Peconic Bay Boulevard, Laurel; CTM 128-4-21. 10:55 AM. NICHOLAS and HARRIET ZANNIKOS #5934. Based on the Building Inspector's May 23,2006 Notice of Disapproval under Section 100-244 (280-124), a variance is requested for an as-built accessory shed which increases the total lot coverage over the code limitation of 20%, and which shed was not requested under variance issued under #5174 dated 6/9/2005. Location of Property: 505 Sound Beach Drive, Mattituck; CTM 99-1-22. 11 :00 AM. DEBRA LACHANCE #5965. Based on the applicant's request for a building permit and the Building Inspector's April 24, 2006 Notice of Disapproval, amended October 2, 2006 citing Section 100-33B & C (280-15), and 100-244B (280-124), Variances are requested to locate an accessory garage with a setback less than 35 feet from the front lot line and less than three feet from the side lot line, at 630 Ruch Lane (at Arshamomaque Pond), Greenport; CTM 52-2-26. 11:10 AM. JOHN and LINDA VOLPE #5964. Based on the applicant's request for a building permit and the Building Inspector's August 21, 2006 Notice of Disapproval citing Sections 100- 239.4B (280-116),100-242 (280-122) and 100-244 (280-124), Variances are requested for an as- . Page 4 - Minutes Meeting held October 5, 2006 Southold Town Board of Appeals RESOLUTIONS/OTHER ACTION. (Continued) built hot tub structure located less than 75 feet from the bulkhead, and for a second-story addition over the existing first floor which will constitute an increase in the degree of nonconformance when located less than 10 feet from the side lot line, at 80 Oak Drive, Southold; CTM 80-5-1.1. 1:00 P.M. CHARLES AND LISA DRAKE, JR. #5971. Based on the applicant's request for a building permit to construct additions and aiterations, and the Building Inspector's June 20, 2006 Notice of Disapproval citing Section 100-244 (280-124), the proposed construction will be less than 50 feet from the rear lot line. (The shed is proposed to be removed or relocated to a conforming location.) Location of Property: 4875 Wunneweta Road, Cutchogue; CTM 111-2-5.2. 1:05 P.M. MICHAEL and SUSAN JEFFRIES #5924. Based on the Building Inspector's March 7, 2006 Notice of Disapproval, amended April 12, 2006 citing Sections 100-239.4.1 (280-116) and 100-32 (280-14), Variances are requested for construction of a new dwelling (after demolition of the existing building), for a location less than 100 feet from the top of the bluff and at a height exceeding the code limitation of two and one-half stories, at East End Road (vicinity of Mudd Pond and Money Pond), Fishers Island; CTM 1-2-11. 1:15 P.M. KARNICK GARIPIAN and HACI GARIPIAN #5931. (Carryover from 9/28 and RESOLUTION (await submission of alternative diaarams and maDs): Requested are Variances under Sections 280-116 (100-239.4) and 280-124 (100-244), based on the Building Inspector's May 4, 2006 Notice of Disapproval concerning applicant's request for a building permit to construct a new and enlarged 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: 54715 C.R. 48 (a/kia Middle Road or North Road), Southold; 44-1- 1. 1 :30 P.M. JOSEPH and BARBARA ISABELLA #5969. Based on the applicants' request for a building permit to construct additions and alterations to the existing dwelling, and the Building Inspector's July 17, 2006 Notice of Disapproval citing Sections 280-122 (100-242A, ZBA Interpretation No. 5039) and 280-124 (100-244), variances are requested for a new second-story addition over the existing first floor of the dwelling, and deck additions, which new construction will constitute an increase in the degree of nonconformance when located less than 10 feet on a single side yard, at 1855 Westview Drive, Mattituck; CTM 107-7-6. 1 :45 P.M. JOHN DILLER #5884. Request for Variances under Sections 100-239.4B (280-116) and 100-244 (280-124), based on the applicant's request for a building permit and 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, at: 60 Great Peconic Bay Boulevard, Laurel; CTM 145-2-1.2. 1 :55 P.M. ANDREW ANSELMO and VERA ANSELMO #5921. Request for Variances under Sections 100-31 (280-13) and 100-33 (280-15), based on the Building Inspector's June 6,2006 amended Notice of Disapproval concerning applicant's request for a building permit to re-build an existing accessory non-habitable barn: (a) for the owner's private accessory music workshop 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. 2:05 P.M. JOE BAJADA and LORRAINE BAJADA #5944. Request for either Plan A or Plan B. Variances are requested under Sections 100-31A (280-13) and 100-244 (280-124), based on the applicants' request for a building permit and the Building Inspector's May 9, 2006 Notice of . Page 5 - Minutes Meeting held October 5, 2006 Southold Town Board of Appeals 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 100-31A (100-13), 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. Resolution was duly adopted (5-0). RESOLUTIONSIOTHER ACTION, Continued B. The Chairwoman confirmed the next Regular meeting for October 26, 2006 at 9:30 am, Town Hall, 53095 Main Road, Southold. C. The Chairwoman confirmed the next Special Meeting for November 9, 2006 at 6:00 pm, Annex Building, 2"" fioor. 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, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:45 p.m. Respectfully submitted, >l.nd.4-l6rwaLdct . L{tn'da Kowalski Included by Reference: Filed ZBA Decisions (15) QD~eSb KJ_ 6)O~ Ruth D. Oliva, Chairwoman Approved for Filing RECEIVeD I-~ .3':)01"111 DEC,27/100::5 ".r'll '~ c LA: -~ifJ . . . . t . Soulhvld Tc,v:n Clerk fJ1 .:!