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Home My WebLink AboutZBA-03/30/2006 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 REGULAR MEETING THURSDAY, MARCH 30, 2006 Mailin~ 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 ""~ ..3 ,'35' flU c!)}Jtrt)rJ rlDJ6 # . Soutliold TCiVift Clerk ,'#J A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, March 30, 2006 commencing at 9:30 a.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member James Dinizio, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Kieran Corcoran, Assistant Town Attorney Linda Kowalski, ZBA Confidential Secretary Florence Wiles, Court Reporter 9:35 a.m. Chairwoman Oliva called the meeting to order. . . . AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION: Motion was made by Member Goehringer, and seconded by Member Weisman to declare the following Negative Declarations with No Adverse Effect for the following projects as submitted: TVDe II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): ERIC ROULEAU and JAMES CARDWELL #5852. JULIE ANNE HAERR #5845. RICHARD and KATHERINE LOCKE #5856. IRMA VOIGT #5844. JOHN and MARION BRANDVOLD #5851. ELENA KARACOSTAS #8750. BIEL ASSOCIATES, LLC c/o GASTON CRIBLEZ #5855. JOHN MILAZZO #5859. PETER S. DOODY #5847. GERI ARMINE KLEIN #5853. Page 2 - Minutes Meeting held March 30, 2006 Southold Town Zoning Board of Appeals Tvoe II Actions continued: (No further steps - setback/dimensional/lot waiver/ accessory apartment/bed and breakfast requests): ORIENT FIRE DISTRICT #5863. ClNGULARlNEXTELNERIZON WIRELESS #5805. NICHOLAS ALIANO #5846. Vote of the Board: Ayes: All. Resolution was duly adopted (5-0). * * * II PUBLIC HEARINGS: (Please see transcript of written statements prepared under separate cover.) 9:36 AM. ERIC ROULEAU and JAMES CARDWELL #5852. Request for a variance under Section 100-30A3, based on the Building Inspector's January 27, 2006 Notice of Disapproval, amended February 6, 2006, concerning an application for alterations to a non-habitable attic. The reason stated in denying the building permit application is the proposed construction converts the attic to a third story, instead of the allowable 2-1/2 story code limitation. Location of Property: 3105 Peconic Lane, Peconic; CTM 1000-74-4-16.1. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 9:52 AM. JULIE ANNE HAERR #5845. Robert Stromski, RA. Request for a Variance under Sections 100-242 and 100-244, based on the Building Inspector's January 10, 2006 Notice of Disapproval, concerning a request to build additions. The reasons stated for denying the appiication is that the new construction will increase the degree of nonconformance when located less than 40 feet from the front lot and less than 15 feet from the side lot line, at 305 Mill Creek Drive, Southold; CTM 135-3-28.2. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duiy adopted (5-0). 10:05 AM. RICHARD and KATHERINE LOCKE #5856. Request for a Variance under Section 100-33, concerning a request to locate a swimming pool in a front yard instead of the code-required rear yard, at 1145 Hillcrest Drive, Orient; CTM 1000-13-2-8.9. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:10 AM. IRMA VOIGT #5844. Location of Property: 1025 and 1125 West Cove Road, Cutchogue. Request for a Lot Waiver under Code Section 100-26, based on the Building Department's March 8, 2006 Notice of Disapproval stating that County Tax Map Parcel Numbers 15 and 14, District 1000, Section 111, Block 3, pursuant to Section 100-25, because a nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in a common ownership with the adjacent lot at any time after July 1,1983 shall merge. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:40 AM. JOHN and MARION BRANDVOLD #5851. M. Kramer, RA. Request for variances under Section 100- 244, and 100-239.4B, based on the Building Inspector's January 30, 2006 Notice of Disapproval concerning an application to change the scope of work granted under ZBA #5516 relative to a proposed new single-family dwelling, after removal of existing dwelling. The reasons stated denying the building permit application are that the new construction will be less than 75 feet from the existing wood bulkhead, less than 10 feet in a single side yard, less than 15 feet on the opposite side, and for a total side yard area at less than 25 feet. Location of Property: 1955 Bay Shore Road, Greenport; CTM 1000-53-4-10. (Please see transcript of written statements Page 3 ~ Minutes Meeting held March 30, 2006 Southold Town Zoning Board of Appeals PUBLIC HEARINGS continued: prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:48 AM. ELENA KARACOSTAS #5850. Amy Martin, Fairweather-Brown. Request for variance under Sections 100-33C and 100-244B, based on the applicant's request for an amended Building Permit and the Building Inspector's January 19, 2006 Notice of Disapproval concerning construction of a foundation for an accessory garage in a front yard at less than the code-required 40 feet from the front property line. Location of Property: 21275 Soundview Avenue, Southold; CTM 1000-135-1-2. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Simon, to ciose the hearing reserving decision. The Resolution was duly adopted (5-0). 10:55 AM. BIEL ASSOCIATES, LLC c/o GASTON CRIBLEZ #5855. C. Cuddy, Esq. Request for Variances under Sections 100-239.4B and 100-244, based on the Building Inspector's January 3, 2006 Notice of Disapproval concerning a proposed dwelling at less than 35 feet from the front yard lot line and less than 75 feet from the bulkhead, at 1315 Water's Edge Way, Southold; CTM 1000-88-5-68. Location of Property: 2545 West Creek Avenue, Cutchogue; CTM 110-5-1. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTIONS: 1. After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn to April 27, 2006 at 10: 15 a.m. The Resolution was duly adopted (5-0). 2. Motion was made by Member Weisman, seconded by Chairwoman Oliva, to reopen the hearing for further discussion. This resolution was duly adopted (5-0). 3. After receiving further testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn to April 27, 2006 at 10:15 a.m. The Resolution was duly adopted (5-0). 11 :23 AM. JOHN MILAZZO #5859. Request for variances under Section 100-239.4B, 100-242A and 100-244, concerning proposed additions and alterations to the existing dwelling, which constitute an increase in the degree of nonconformance when located at less than 10 feet on a single side yard. In addition, the new construction will be less than 75 feet from the wood bulkhead. Location of Property: 1165 Island View Lane, Greenport; CTM 1000-57-2-20. BOARD RESOLUTION: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn without a date and to be re-noticed. The Resolution was duly adopted (5-0). 11:25 A.M. PETER S. DOODY #5847. C. Mesiano. Request for a variance under Section 100- 33, based on the Building Inspector's October 28, 2005 Notice of Disapproval amended January 10, 2006, concerning a request to build an accessory swimming pool in a yard other than the code-required rear yard, at 260 Orchard Street, Orient; CTM 1000-25-3-4.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 11 :35 AM. GERI ARMINE KLEIN #5853. Gerard Orientale. Request, after withdrawing Appeal #5793, for a variance under Section 100-231, based on the Building Inspector's August 15, 2005 Notice of Disapproval concerning a request for approval of fence structures that will exceed the code limitation of four feet when iocated in or along a front yard, at 160 Sound Avenue and Sound Road, Greenport; CTM 33-4-35.2. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). Lunch break from 12:15 -1 :10 pm. Chairwoman Oliva reconvened the meeting at 1 : 15 pm and proceeded with Agenda Items as follow: Page 4 - Minutes Meeting held March 30, 2006 Southold Town Zoning Board of Appeals PUBLIC HEARINGS continued 1 :15 P.M. ORIENT FIRE DISTRICT and CINGULARlNEXTELNERIZON WIRELESS. Location of Property: Orient Fire House Parcel, 23300 Main Road, Orient; CTM 18-5-13.8. #5863 ORIENT FIRE DISTRICT. Ed. Boyd. Requests for Special Exception and Height Variance based on the Building Inspector's March 8, 2006 Notice of Disapproval, amended March 8, 2006, concerning the revised location of the telecommunications tower. (Please note approvals under ZBA #5408 dated 3/31/05 and Building Permit #31215-Z.) The reason stated by the Building Inspector for denying the new location is that Section 100-162A(3) states that a wireless communications facility is subject to site plan approval and must meet the following requirements: Wireless communication facilities on telecommunication towers shall require special exception approval pursuant to this article and shall not project higher than 10 feet above the average height of buildings within 300 feet of the facility. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Simon, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 1 :43 P.M. CINGULARlNEXTELNERIZON WIRELESS #5805. Request for Special Exception under Section 100-162A for public utility use (telecommunications antennas) on a new tower proposed to be constructed with an amended co-location on the new Orient Fire Department's telecommunications (flagpole) tower, as amended March 8, 2006, and with related accessory equipment shelter structure(s). (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 2:58 P.M. NICHOLAS ALIANO #5846. P. Moore, Esq. 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 of Property: 3705 Duck Pond Road, Cutchogue; CTM 83-1-12. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Weisman, seconded by Member Goehringer, to adjourn to April 27, 2006 at 2:30 p.m. The Resolution was duly adopted (4-1). . . . III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION: Motion offered by Chairwoman Oliva and seconded by Member Dinizio to authorize advertising of new hearings for March 2, 2006. VOTE OF THE BOARD: Ayes All (4-0). B. The Chairwoman confirmed the scheduled Speciai Meeting for 6 PM Thursday, February 2, 2006 (Annex, second floor) for deliberations, decisions and other matters coming before the Board at that time . . . Brief review of pending files and general discussions by Board Members followed. Page 5 - Minutes Meeting held March 30, 2006 Southold Town Zoning Board of Appeals . . . There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 4:00 pm. Respectfully submitted, jJ,.~rJ;,d/!WtzW( {{~~~fa~~1 Secretary, Board of Appeals ~)EJ.(]~ Ruth D. Oliva, Chairwoman Approved for FiI ing RECEIVED '<- ~ g :3:;-P4 JAN 5 2005 /rY.1 JdJ/1'''' -,fA c....I;,~ -Sout\;o'i;ttchnder~