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Home My WebLink AboutZBA-11/09/2006 Special . . 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 SPECIAL MEETING THURSDAY, NOVEMBER 9, 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 ,..tf/,i'.(,' /OJ:,zo P/Il JAN 1 7 2006 r:L;.Jd,/tl. riM __uthold ToY/n Cler' A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held in the Executive Board Room, Second Floor, South old Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971-0959, on Thursday, November 9, 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 6:10 p.m. Chairwoman Oliva called the meeting to order. The Board proceeded with the first item on the Agenda as follows: DELlBERATIONS/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: Approvals with Conditions: ZBA File 5963 - Joseph Polashock ZBA File 5956 - Monte & Carolyn Redman ZBA File 5965 - Debra LaChance ZBA File 5964 - John & Linda Volpe ZBA File 5969 - Joseph & Barbara Isabella Approvals as Applied: ZBA File 5958 - Jeremy & Lauren Hamilton ZBA File 5966 - F. Marc & Ellen Wiederlight ZBA File 5962 - Joseph & Joan Fudjinski ZBA File 5967 - Robert P. Fisher Jr. individually & as attorney-in-fact for Kimogenor Point Co. ZBA File 5968 - Margaret & Howard Meinke ZBA File 5934 - Nicholas & Harriet Zannikos ZBA File 5971 - Charles & Lisa Drake, Jr. Page 2 - Minutes Meeting held November 9, 2006 Southald Town Zoning Board of Appeals Alternative Relief with Conditions: ZBA File 5884 - John Diller Denied with Alternative Relief: ZBA File 5959 - Walter & Kristin Preston Denied ZBA File 5926 - House of Daige ZBA File 5921 - Andrew Anselmo & Vera Anselmo RESOLUTIONS/OTHER ACTION: A. Motion was offered by Chairwoman Oliva. seconded by Member Goehringer, and duly carried. to authorize advertisino of aoo/ications in como/ete form for oublic hearinos to be held on Thursdav. November30. 2006. Reou/ar Meetino commencina at 9:30 AM. 9:35 AM. FRANK MELE III #5976. Request for a Variance under Section 280-15, based on the Building Inspecto~s September 6, 2006 Notice of Disapproval concerning a proposed accessory swimming pool In a yard other than the code- required rear yard, at 305 Gardiners Lane, Southold; CTM 70-8-28. 9:40 A.M. JOHN and ANGELA REINERTSEN #5973. Request for Variances under Sections 280-15 and 280-18 (100- 30A.3 and 100-33 based on the Building Ins~s August 4, 2006 Notice of Disapproval concemlng a proposed new dwelling, accessory swimming pool, and accessory (cabana) building. The dwelling will be less than 50 feet from the front lot line and rear lot line, and the swimming pool and accessory building will be in a side yard rather than the code-<equlred rear yard. Location of Properly: 590 Anrowhead Lane, Peconic; CTM 98-2-4.1. 9:45 A.M. BERIT LALLI #5978. Request for a Variance under Section 280-124 (100-244 based on the Building Inspecto~s May 15, 2006 Notice of Disapproval) conceming a proposed addition to the existing dwelling at less than the cod~uired 35 feet from the front lot line, at 1405 Narrow River Road, Orient; CTM 27-3-6.3. 9:50 AM. MARK MELNICK #5977. Request for Variances under Sections 280-124 and 280-116 (100-239.4B, based on the Building InS~s August 25, 2006 Notice of Disapproval, amended November 9, 2006 concemlng an addition and alterations for a second-story over the existing first floor of the existing dwelling and addition at less than the code- required 35 ft. front yard, at 405 Private Road #3, Southold; CTM 70-6-15. 9:55 AM. MICHAEL FLYNN #5975. Request for a Variance under Section 280-124 (100-244 based on the Building Insp~s May 24, 2006 Notice of Disapproval) conceming a proposed addition to the existing dwelling at less than the code-required 15 feet, at 7800 Soundvlew Avenue, Southold; CTM 59-9-32. 10:00 AM. HENRY OMAN and CHRISTINA J. OMAN #5970. Request for Variances under Section 280-14 (100-32), based on the Building Ins~s July 25, 2006 Notice of Disapproval concemlng proposed Lots 1 and 2 with less than the code required 80,000 square feet, less than 175 ft. of frontage/lot width along Bridge Lane, and with a proposed side yard setback at less than the code-required 20 feet from the division line. The applicant's parcel as exists contains 1.637 acres and Is located In the R-80 Residential Zone District. Location of Properly: 1380 Bridge Lane, Cutchogue: CTM 85- 2-5. 10:15 A.M. SERGE AND SUSAN ROZENBAUM; M. NIAMONITAKIS and E. NIAMONITAKIS #5691. Request for Variances under Sections 280-4 and 280-14 (Sections 100-13 and 100-32), based on the applicant's request to construct and operate a farm stand with design as a building for sales of farm produce and which is deemed as not meeting the definition of a farm stand, based on the Building Ins~s amended November 3, 2006 Notice of Disapproval. The reasons steted In the Notice of Disapproval are: "lhe proposed construction on an 18.75 acre farm parcel wilh three front yards in the AC Zone, is not permitted pursuant to Section 100-32 (renumbered 280-14), which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R80 ". Districts unless the same conforms to the Bulk and Parking Schedule Incorporated into this chapter with the same force and effect as if such regulations were set forth herein in full. According to the bulk schedule, the proposed construction requires a front yard setback of 80 feet. and is not permitted pursuant to Section 100-13, which defines a farm slandas: 'any structUI9 open to tho weather on at least one side, used for the sole purpose of I9tail sale of produce grown by tho owner of the stand on the farm aCl9ege within the Town of Southold; and such struetUI9 may be one-story or less, roofed or have paroal walls and flooring but may not be completely enclosed except when the business is closed. A farm stand may not be insulated Page 3 - Minutes Meeting held November 9, 2006 Southold Town Zoning Board of Appeals RESOLUTION, continued: or mechanically heated or cooled by pennenent equipment. A truck bed or trailer on wheels, with al8BS in excess of 20 square foet displaying produce, shall ba considered a fann stand.' Location of Property: 7540 Main Road (and Cedar Lana), East Marion; CTM 31-6-28.5 and 28.6. 10:25 A.M. FITF, LLC #5617. Request for Varianoas under Section 280-18 (Bulk Schedule) for a lot proposed with less than 40,000 square feet of land area In the R-40 low-Density Residential Zone Dlsb1ct (fonneriy Moll), and a lot under contract of sale with the Town of Southold, proposed with an area of less than 80,000 square feet In the R-80 Residential Zone, located along the west side of Reservoir Road, Fishers Island; Suffolk County CTM Parcell0Q0-9-8-2. 10:35 A.M. ZAHARIA PAPAZAHARIOU & OTHERS #5974. Request for a Variance under Section 280-15, based on the Building Inspector's August 24, 2006 Notice of Disapproval concemlng an aCC8SSOly swimming pool proposed In a yard other than the code-required rear yard, at 2905 Private Road #1, East Marion; CTM 22-3-8.1. 10:40 A.M. ROBERT SEELEY #5912. Request for a Variance under Section 280-116 (1 00-239.4A based on the Building Inspectofs April 12, 2006 Notice of Disapproval concemlng a proposed acoassory swimming pool structure proposed at less than 100 foet from the lOp of the bluff adjacentlO the Long Island Sound, at 1250 Sound Drive, Greenporl; Rockcove Estates Lot 4; CTM 33-3-19.4. 10:50 A.M. MICHAEL and ROBIN DREWS #5929. Request for Variances under Sections 280-116 and 280-124 (100- 239.4B and 100-244 based on the BUilding Inspector's May 31,2006 Notice of Disapproval) concemlng a proposed new single-family dWelling, after demolition of the existing building, with setbacks proposed at less than 75 foetlO the bulkhead and less than the code-required 15 feet on a single side yard at 7425 Nassau Point Road, Culchogue; CTM 118-4-2. 11:00 A.M. ROY C. and ROBERT SCHOENHAAR #5764. Request for a Variance under Ssction 280-18 (fonneriy 100- 30A.3) bulk schedule, based on the BUilding Inspector's May 17, 2005 Notice of Disapproval, amended October 4,2006 for a lOt which COt'1tains less than 40,000 square feet and less than 175 foet of lOt width in the R-40 Resldential Zone Disb1cl, and a proposed building in the !!-General Business ZOne Dlsb1ct with a front yard setback at less than 100 feet from a right-of-way. Location of Property: 10300 Main Road, Mallituck; CTM 143-3-33.2, containing 2.586 acres. 11 :15 A.M. EDWARD FERGUS #5941. Request for a Variance under Section 280-18 (100-30A.3 based on the Building Insp_s May 31, 2008 Notice of Disapproval) concemlng a proposed single-family dWelling with a setback at less than the code-required 50 feet from the rear lot line at Its closest poIn~ at 1854 North Bayvlew Road, Southold; CTM 70-12- 39.3. 11:30 A.M. JAY W. GUILD #5866 (Rehearing) - Request for a Variance under Section 280-18, fonneriy l00-31A-2c, based on the Building Inapsclofs August 30, 2005 Notice of Disapproval, amended March 1, 2008 conceming commercial agricultural gl8Bnhouses proposed In a location at less than 75 feet from the rear lot line, less than 20 feet on a single side yard, and exceeding the code limitation of 20 percent lot coverage on this 8-acre parcel, at 34695 C.R. 48 (alk/a Middle Road or North Road), Paconlc; CTM 68-4-19. 11:45 A.M. EAST MARION FIRE DISTRICT #5972. Request for a Variance under Section 280-69 (100-162A3, A5) based on the Building Inspeclo(s July 25, 2008 Notice of Disapproval for constructIOn of a proposed wireless communlcationJlelecommunications lOwer on property owned, leased or otherwise controlled by a spedal dlsb1ct approved by the commissioners of the special distrid. The proposed tower will exceed the code limitation - with a height greater than 10 feet above the average height of buildings within 300 feet of the facility, OR If there are no buildings within 300 feet, these facilities shall not project higher than 10 feet above the average tree canopy height In that radius measUred from ground level. If there are no buildings within 300 feet of the proposed facility site, all telecommunication lOWBr$ shall be surrounded by denae tree growih 1O screen views of the facility In all directions. Location of Property: 9245 Main Road, East Marion; CTM 31-3-11.31 containing 3.05 acres. B. Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried. to authorize advertisino of Booliestions in eomo/ete form for oublie hesrinas to be held on Thursdav. December 28. 2006. commeneino at 9:30 AM. 9:35 A.M. JOAN D. and HAROLD J. KIEFER #5960. Request for a Variance under Section 280-116, based on the Building Inspector's July 14, 2008 Notice of Disapproval concemlng a proposed deck addition at less than the code- required 100 fl. minimum from lop of bluff adjacent 1O the Long Island Sound, at 1115 Terry Lane, Orient; CTM Parcel 1000-14-3-3. 9:40 A.M. KEVIN and LESLEY MILOWSKI #5987. Request for a Variance under Section 280-14, based on the Building Inspeclofs Ssptember 15, 2008 Notice of Disapproval conceming a proposed addition 1O the existing single family dwelling at less than the code-required minimum 60 feet from the front yard lot line, at 1371 Cox Neck Road, Mattltuck; CTM 113-7-19.8. "'..i",:.Jj;.;~~~;u.;. .:b__ ";':~;'~;;c2:_;i.;>~~~-..~,~.~_:~:__.___.~_ _~~_w_ _-__,_~. ,,,~~ ,_~..." _" _'.c-'..'-..-..._ -'--_~.~ _."._____.~~...'_."-'~'"..c....o..'_._.;,.,__ Page 4 - Minutes Meeting held November g, 2006 Southold Town Zoning Board of Appeals RESOLUTION, continued: 9:45 A.M. LEE AND MARIE BENINATI #5946. Request for a Variance under Section 280-124, based on the Building Inspecto~s June 30, 2006 Notice of Disapproval concemlng a proposed addition and alterations to the existing slngl.... family dwelling within 15 feet of the southerly side yard, at 855 Oakwood Drive, Southold; CTM Parcel # 90-4-17. 9:50 A.M. ALBERT AND BARBARA REIBLING #5988. Request for Varlanoes under Sections 280-122 and 280-124, based on the Building Inspector's November 14, 2008 Notice of Disapproval concemlng a proposed new dwelling, after recent demolition, for the reason that the new construction was not written under Building PennR No. 32123-Z or under Variance granted under ZBA #5775 concemlng additions to the existing dwelling. The new construction will constitute an Inaease In the degree of nonconfonnance located at less than 35 feet from the rear property line and less than 75 feet to the bulkhead, at 75 Island View Drive, Greenporl; CTM Parcel 1000-57-2-32. 10:05 A.M. MAGGI-MEG REED and MICHAEL SCHUBERT #5980. Request for a Variance under Sections 280-15 and 280-124, based on the Building Inspecto<'s August 15, 2006 Notice of Disapproval concemlng shed construction located at less than the 35 It. minimum front yard setback allowed under Building Pennit No. 31292-Z dated July 19, 2005 and ZBA#57081ssued June 9, 2005. Location of Property: 935 Private Rd #3, East Marlon; CTM Paroell00Q-21-1-2. 10:15 A.M. MARYANN MEARS, et al. #5984. Request for a Variance under Section 280-14, based on the Building Inspector's August 11, 2006 Notice of Disapproval concemlng a proposed deck addition at less than the code required minimum of 10 feet on a single side yard and 15 ft. minimum on the remaining side yard, at 1050 Dean Drive, Cutchogue; CTM Paroelloo0-116-5-12. 10:25 A.M. KATHLEEN BOWER #5981. Request for a Variance under Section 280-15, based on the Building Inspecto~s Septembar 19, 2006 Notice of Disapproval concemlng an as-built acoessory shed located In a yard other than the code- required rear yard, at 12710 Soundvlew Avenue and comer of Horton's Lane, South old; CTM ParoellllOO-54-7-1.3. 10:35 A.M. NO FO PROPERTIES LLC, MARK GORDON, ELLIE GORDON #5983. Request for a Variance under SectIon 280-116, based on an application for a building pennlt and the Building Inspector's August 21, 2006 Notice of Disapproval concemlng proposed additions and alterations to the existing dwelling at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at 1150 Northvlew Drive, Orient; CTM 1000-13-1-1. 10:40 A.M. MICHAEL LIEGEY #5979. Request for a Variance under Section 280-15, based on the Building Inspector's February 15, 2006 Notice of Disapproval, amended October 18, 2006 conceming a proposed aocessory garage In an area other than the code-required rear yard, at 105 Town Creek Lane, South old; Paroel 1000-64.-1-9.1. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). RESOLUTIONS/OTHER ACTION, continued: C. The following Resolution was adopted with unanimous support of the Board Members. Motion was offered by Member Goehringer, seconded by Member Weisman: RESOLVED, that the Zoning Board of Appeals recommends the reappointment of Ruth D. Oliva: (a) for a new term as Member of the Zoning Board of Appeals, and (b) for reappointment as Chairwoman, and BE IT FURTHER RESOLVED, that a copy of this Resolution shall be forward to the Southold Town Board and the Southold Town Clerk. Vote of the Board: Ayes: Members Goehringer, Dinizio, Simon, Weisman, Oliva [also accepting with appreciation for the full support of the Board. This Resolution was duly adopted (5-0)]. D. RESOLUTION: Motion was offered by Chairwoman Oliva, seconded by Member Weisman: .. '''''0 ,.,-,.~ k- "'" "~"", .. --.d " ... "~::"'" ...:L..:o.:..:....:H....~_~.~ . . Page 5 - Minutes Meeting held November 9, 2006 Southold Town Zoning Board of Appeals BE IT RESOLVED, that Jay W. GUILD,. the applicant under Appeal No. 5866 be requested to furnish seven (7) prints of an accurate site plan prepared by a surveyor showing all data relative to the applicant's new construction: Including but not limited to all setbacks to property lines and lot coverage calculations (calculations of both the existing and proposed). Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizlo, Simon and Weisman. This Resolution was adopted by unanimous vote of the Board. . . . Brief reviews of pending files and general discussions by Board Members followed; no action taken. There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:40 p.m. Respectfully submitted, ~Kfw~- Linda Kowalski Included by Reference: Filed Z8A Decisions (16) ~Q.G~ Ruth D. Oliva, Chairwoman 12/29/06 Approved for Filing RECEIVED I- ~ /01:';" PIlL ~d~dJ Southold TOVlD Clerk '-.........~"'-~;J.ii""~.,."'-.- < ,", i.:"':"':"':"~i~_~.;....o.;~",' ,..<