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Home My WebLink AboutZBA-12/14/2006 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, DECEMBER 14, 2006 Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIV;:O ~ ~.I c;r 'f <; fl {LA. JAN 2 4 2=:5 r:!J14,JJ(l J ,.J6ulr.~T(,~;n Clerk .~ 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, December 14, 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 6:00 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: ADDrova/s with Conditions: ZBA File 5976 - Frank Mele III ZBA File 5973 - John and Angela Reinerslen ZBA File 5978 - Berit Lalli ZBA File 5691 - Serge and Susan Rozenbaum; M. Niamonilakis and E. Niamonilakis ZBA File 5929 - Michael and Robin Drews ADorova/s as Aoolied: ZBA File 5977 - Mark Melnick ZBA File 5975 - Michael Flynn ZBA File 5974 - Zaharia Papazaharious el al ZBA File 5866 - Jay W. Guild AODroved with Modifications: ZBA File 5617 - FITF, LLC ZBA File 5944C - Joe Bajada and Lorraine Bajada Page 2 - Minutes Meeting held December 14, 2006 Southold Town Board of Appeals RESOLUTIONS/OTHER ACTION: A. Motion was offered by Chairwoman Oliva, seconded by Member Simon, and duly carried, to authorize advertisino of aDD/ications in comD/ete form for Dublic hearinos to be held on Thursdav. January 25. 2007, Reou/ar Meetino commencino at 9:30 AM. 9:50 A.M. ROBERT and SUSAN SOMERVILLE #5993. Request for a Variance under Section 280-124, based on the Building Inspector's November 15. 2006 Notice of Disapproval, amended January 3, 2007, concerning proposed additions and alterations to the existing single-family dwelling with a front yard setback of less than the code-required 35 feet, at 595 Oakland Court and Shady Lane, Southold: CTM 90-4-7. 10:00 A.M. FIDCO #5990. Request for a Special Exception, based upon Code Sections 280-48, B6 and B8, concerning a proposed conversion of the existing building to GemmefGial recreation facility and (nonprofit) meeting hall, in this B- General Business Zone District. Location of Property: Fox Lane Building #98 and Greenwood Road, Fishers Island; CTM 12-1-5.1. 10:15 A.M. SANDY GROUND LLC and S. PERRY #5992. Request for a Variance under Section 280-18 to reduce a lot to less than 40,000 square feet in this R-40 Zone, based on the applicant's submission of an application to the Southold Town Planning Board under the Subdivision Code (Chapter 240) for a lot line change. The proposed iot line change wili increase the improved lot (Parcell) located in the Hamlet Business Zone District from 10,498 square feet to 29,088 square feet (pius 3,228 square feet of area of flag and right-of-way to Parcel 2), and wili reduce the residential (Parcel 2) from 49,967 square feet to 24,891 square feet (plus 3,258 square feet for right-of-way and 3,228 square feet flagged area, also within the boundary of the parceis). Location of Property: 57190 Main Road (S.R. 25) and private right-of-way extending 244.19 feetfrom the east side of Town Harbor Lane, Southold; CTM 63-4-3 and 5.1. 10:20 A.M. ARTHUR AiELLO #5995. Request for a Variance under Section 280-122 (100-244), based on the Building Inspector's June 16, 2006 Notice of Disapproval concerning a proposed 16' by 20' accessory garage which increases the lot coverage over the code limitation, at 615 Marlene Lane, Mattituck: CTM 143-3-26. 10:30 A.M. RUSSELL and FLORENCE PELliCANO #5991. Request for a Special Exception under Section 100-31 B of the Southold Town Zoning Code. The Applicants..owners request a Bed and Breakfast use, incidental to the owner's occupancy in this single-family dwelling, for lodging and selVing of breakfast to transient roomers, as an accessory use. Location of Property: 9680 North Bayview Road, Southold; CTM 79-8-13.1. 10:40 A.M. PHILLIP and liNDA KERMANSHAHCHI #5986. Request for a Variance under Section 290-14, based on the Building Inspector's October 20, 2006 Notice of Disapproval concerning an as.built addition to the single-family dwelling with a setback at less than the code-required 60 feet from the front lot line, at 7213 Peconic Bay Boulevard, Laurel; eTM 126-10-1.2. 10:50 A.M. HENRY RUGGiERO #5982. Request for a Variance under Section 280-122, based on the Building Inspector's October 26, 2006 Notice of Disapproval concerning alterations and/or reconstruction of an existing sunroom, which will increase the degree of nonconfonnance when located less than 15 feet on a single side yard (ZBA Interpretation No. 5039 in the Walz application). Location of Property: 425 Calves Neck Road, Southold: CTM 63-7- 29.1. RESOLUTIONS/OTHER ACTION, Continued: 11 :05 A.M. W. BRUCE and MARY ANN BOLLMAN #5680. Hearing reopened for purposes of receiving documentation and testimony relative to LWRP Code Chapter 268 (Local Waterfront Revitalization Law). This is an application concerning a request for Variances under Section 100-244, based on the Building Departmenfs February 3, 2005 Notice of Disapproval, concerning an application for a building pennit to substantially remove or dernolish existing dwelling, and to construct a new single-family dwelling: (1) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent, and (4) at iess than 75 feet from the bulkhead. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. 1:00 P.M. WILLIAM E. LEHMANN and AliCE LEHMANN #5989. Request for a Variance under Section 280-13A (100- 31A), based on the Building Inspecto(s July 28, 2006 Notice of Disapproval which states that the proposed garage is not a permitted use on this vacant property located at 725 Rabbit Lane, East Marion: CTM 31-17-17. 1:10 P.M. JOSEPH E. GULMI and SUSAN BRAVER #5994. Request for Variances under Sections 280-13 (formerly 100-33) and 280-105, based on the Building Inspecto(s December 11, 2006 Notice of Disapproval concerning an as-built swimming pool in a location other than the code-required rear yard and fence height exceeding the code height limitation offour feet, at 250 Pine Tree Court, Cutchogue; Parcel 98-1-7.11. 1 :15 P.M. EAST MARION FiRE DISTRICT #5972. Public Hearing reopened for purposes of receiving testimony relative to projected telecommunications coverage for tower and antennas at heights over 80 feet. A Variance under Section . . Page 3 - Minutes Meeting held December 14, 2006 Southold Town Board of Appeals 280-69 (100-162A3. A5) is requested. based on the Building Inspecto(s July 25. 2006 Notice of Disapproval. for construction of a proposed wireless communication/telecommunications tower on property owned, leased or otherwise controlled by a special district approved by the commissioners of the special district. 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, aU telecommunication towers shall be surrounded by dense tree growth to 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). RESOLUTIONS/OTHER ACTION, Continued B. Brief reviews of pending files and general discussions by Board Members followed. C. RESOLUTION; Motion offered by Member Weisman seconded by Member Simon that the following reply be forwarded to the Building Department with regard to ZBA File 5963 concerning property of Joseph Polashock: In reply to the Building Department's Memo dated December 7, 2006 regarding the above application, we hope that this will help to clarify the ZBA's Condition regarding removal of plumbing in the accessory garage. The condition was placed for the purpose of requiring the accessory building to be returned to an unheated, non-habitable building status. The use of the building would need to conform to the codes for an accessory building, since the only variances granted were for setbacks and lot coverage, and not for a dwelling use. Board Members agreed that requirements for removing all plumbing fixtures and/or requiring changes related to the plumbing and heat be left for final determination by the Building Department - under the final inspection steps and prior to issuance of a Certificate of Occupancy. Vote of the Board: Ayes: Member Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). . . . There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:50 p.m. Respectfully submitted, rl;nJa ;/bW~ Linda Kowalski uded by Reference: Filed ZBA Decisions (11) Ruth D. Oliva, Chairwoman Approved for Filing 12/29/06 RECEIVeD 'j-J---<>" 8; I.f S /I7t{ JAN ? 4 ifJ (J , '.:Soulll(,in(,~;n Clerk .jJ <......A