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Home My WebLink AboutZBA-01/11/2007 Special . . . . APPEALS BOARD MEMBERS Mailing Address: Ruth D. Oliva Southold Town Hall 53095 Main Road. P.O. Box 1179 Gerard P. Goehringer Southold, NY 11971-0959 James Dinizio, Jr., CI:ia:inran 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 ZONING BOARD OF APPEALS RECeIVED TOWN OF SOUTHOLD <r-bL-d 8:33a.m. Tel. (631) 765-1809 . Fax (631) 765-9064 JAN 2 9 2007 MINUTES ~i-!.i&fCl7f"''/', SPECIAL MEETING Sout/lold Town (/er. THURSDAY, JANUARY 11, 2007 A Special Meeting of the SOUTH OLD TOWN BOARD OF APPEALS was held at the South old Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971-0959, on Thursday, January 11, 2007 commencing at 6:00 p.m. Present were: James Dinizio, Jr., Chairman, Member Ruth D. Oliva, Member Gerard P. Goehringer, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Assistant and Secretary 6:08 p.m. Chairman Dinizio called the meeting to order. Chairman James Dinizio was congratulated on his recent appointment by the Town Board as 2007 Chairman. WORK SESSION: I. Chairman Dinizio furnished copies of the February 20, 2006 4-page agenda regarding Open Government in Planning and Zoning Decision Making prepared by Mark Schachner, Esq. of Miller, Mannix, Schachner & Hafner, LLC for his presentation at the NYS 2006 Association of Towns Meeting. The Chairman asked the Board Members to read the items of discussion and to furnish comments to him, preferably in writing as to how the members conduct discussions before or after a meeting is held. The Chairman said he will be attending the Association of Towns Meeting in February 2007, and would like to obtain more information as to what is legai and what is not legai, and discuss tightening up and streamlining procedures. II. Appointment of Vice/Deputy Chairperson. Chairman Dinizio said he would like to meet with each of the Board Members over the next couple of weeks. In response, Board Members recommended Ruth Oliva as Vice Chairperson, rather than to wait. Chairman Dinizio asked Member Oliva if she is interested, and Member Oliva said she is. Chairman Dinizio officially appointed Member Oliva as Vice Chairperson, noting that it is needed and that there may be times he is not be available. * * * The Board proceeded with the first item on the Agenda as follows: ZBA Fiie 5970 - Henry Oman and Christina J. Oman. Board Members discussed the applicants' requests for variances in this application. The Assigned Member Simon discussed reasons he would --------- ---------- ----- . Page 2 - Minutes . . Meeting held January 11, 2007 Southold Town Board of Appeals recommend a denial. During this discussion, Member Goehringer gave reasons for a possible approval. Member Goehringer then offered a motion to approve the application, with a second by Chairman Dinizio. Vote of the Board: Ayes: Member Goehringer, Chairman Dinizio. Nay: Members Oliva, Simon and Weisman. This Resolution was NOT adopted (2-3). DELIBERATIONS/DECISIONS. continued: The Board also 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: Aoorova/s with Conditions or Recommendation: ZBA Fiie 5960 - John D. and Harold J. Kiefer ZBA File 5946 - Lee and Marie Beninati ZBA Fiie 5983 - NoFo Properties LLC, Mark Gordon, Ellie Gordon ZBA File 5764A - Roy C. and Robert Schoenhaar (Lot area) Aoorovals as Aoolied: ZBA Fiie 5988 - Albert and Barbara Reibling ZBA File 5980 - Maggi-Meg Reed and Michael Schubert ZBA File 5984 - Maryann Mears, et al. Denied: ZBA Fiie 5764B - Roy C. and Robert Schoenhaar (setback) * * * OTHER: A. RESOLUTION: Motion was offered by Member Simon, seconded by Member Goehringer, and duly carried, to authorize advertisina of aoolications in como/ete form for oub/ic hearinas to be held on Thursdav. Januarv 25. 2007. Reau/ar Meetina commencina 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 Inspecto~s November 15, 2006 Notice of Disapproval, amended January 3, 2007, conceming 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 B6, concerning a proposed conversion of the existing building to ssmmersial 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 lot line change will increase the improved lot (Parcel 1) located in the Hamlet Business Zone District from 10,498 square feet to 29,088 square feet (plus 3,228 square feet of area of flag and right-of-way to Parcel 2), and will 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 parcels). Location of Properly: 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 Mariene Lane, Mattituck: CTM 143-3-26. 10:30 A.M. RUSSELL and FLORENCE PELliCANO #5991. Request for a Special Exception under Section 100-31B 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 serving of breakfast to transient roomers, as an accessory use. Location of Properly: 9680 North Bayview Road, Southold: CTM 79-8-13.1. -------------- --~ ------ . . Page 3 - Minutes . . Meeting held January 11, 2007 Soulhold Town Board of Appeals 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; CTM 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. 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 permit to substantially remove or demolish 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 less than 75 feet from the bulkhead. Location of Property: 1755 Trumans Path, East Marlon: 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 conceming an as-built swimming pool in a location other than the code-required rear yard and fence height exceeding the code height limitation of four 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 280-69 (100-162A3, A5) is requested, based on the Building Inspecto~s Juiy 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 1 0 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 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 Dinizio (Chairman), Oliva, Goehringer, Simon and Weisman. This Resolution was duly adopted (5-0). B. OTHER: Brief reviews of pending files and general discussions by Board Members followed, no action was taken. * * * There being no other business properly coming before the Board at this time, Chairman Dinizio declared the meeting adjourned. The meeting concluded at 7:30 p.m. Respectfully submitted, - {illdtL~JW~' IClnda Kowalski 1//'107 ecisions ( i) RECEIVED JAN 29 2007 Southold Tow" (fer. -