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HomeMy WebLinkAboutZBA-02/03/2005 Special , APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon 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 http://southoldtown.northfork.net MINUTES SPECIAL MEETING THURSDAY, FEBRUARY 3,2005 RECEIVED 4 ~ 1!:ILjQ..rn. FEB 1 2 2GO? ~t72t,..:II.., Sourhold Tawil (lerl BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the South old Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971-0959, on Thursday February 3, 2005 commencing at 6:00 p.m. Present were: Ruth D. Oliva, Chairwoman/Member Vincent Orlando/Member (arr. 6:09 p.m.) James Dinizio, Jr.lMember Michael A. Simon/ Member Kieran Corcoran, Assistant Town Attorney Linda Kowalski, ZBA Admin. Secretary Absent was: Gerard P. Goehringer/Member 6:08 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: Approvals with Conditions: ZBA File 5642 - Douglas and Karin Constant ZBA File 5640 - Barry and Kate Grayson ZBA File 5644 - Mark and Ellie Gordon Approved as Applied: ZBA File 5637 - Constance Beebe ZBA File 5649 - James Leydon ZBA File 5647 - Eugene and Agnes Koehler ZBA File 5639 - Alan and Teresa Sucher ZBA File 5626 - CD Reiters/Old Barge Restaurant ZBA File 5648 - Peter Cosola I Page 2 - Minutes Meeting held February 3, 2005 Southold Town Board of Appeals Other: ZBA File 5652 - Jon and Kathleen Marino. Motion was offered by Member Dinizio, seconded by Chairwoman Oliva, to grant the application as applied for. Vote: Ayes: Chairwoman Oliva and Member Dinzio; Nays: Member Orlando and Member Simon. This action was NOT adopted (2-2-0) and held over to the next meeting when a full Board was present. RESOLUTIONS/OTHER ACTION: A. Motion was offered by Chairwoman Oliva, seconded by Member Simon and duly carried, to authorize advertisinq of applications in complete form for public hearinqs to be held on Thursdav. March 3. 2005 Reqular Meetinq commencinq at 9:30 AM. 9:30 AM T. and M. KOSTOULAS #5646. (Carryover from 1/20 PH; Lot coverage and access data submitted by letter 1/25). Side yard variances for proposed additions at 1035 Aquaview Avenue, East Marion; elM 21-2-13. 9:35 AM DOROTHY W. FAUCON #5659. This is an Appeal requesting Reversal of the Building Department's December 20, 2004 Notice of Disapproval, concerning a request for a Preexisting Use Certificate of Occupancy for a two-family dwelling use. The reasons stated in its denial is Section 100-31 B and the code requirement for a Special Exception for a two-family dwelling, and Pre-CO Inspection Report dated November 10, 2004, indicating the existing dwelling is listed as a single.family dwelling. Location of Property: 46925 Main Road, Southold: CTM 69-5-16. 9:40 AM MICHAEL and KAREN CATAPANO #5656 (Mr. and Mrs. V. Pust, Owners). This is an Appeal requesting Variance(s) and/or Interpretation, based on the Building Department's December 29, 2004 amended Notice of Disapproval which states that a goat farm is not permitted in the AC Zone District. The reasons stated in the Building Inspector's disapproval is that Section 100-31A(2)(B) requires at least 10 acres for the keeping, raising and training of horses, domestic animals and fowl under In addition, the construction of a farm stand was disapproved under Section 47- 3B for the reason that at least five (5) tillable acres must be owned or leased by the farm stand owner, or alternatively, the farm stand may be located on a two acre lot if the farm stand owner can establish ownership or lease of at least five tillable acres in the Town of Southold. Applicants request an Interpretation referring to Section 100-221 E as to whether the keeping of goats applies to the 10-acre requirement of Section 100-31A(2)(B): applicants propose to reside at the property and to establish a goat farm with cheese processing/milking room in a new building with storage, keeping, breeding/raising of goats, and to construct a farm stand, at 33705 CR. 48, Peconic; CTM 74.2-12, containing 4.998 acres. 9:45 AM WHITNEY B. ARMSTRONG #5661. Request for a Variance under Section 1 00-239.4A. 1 , based on the Building Department's December 21, 2004 Notice of Disapproval concerning a new dwelling (as modified), at less than 100 feet from the top of the bluff or bank of the Fishers Island Sound. Location of Property: Clay Point Road, Fishers Island; CTM 2-1-11.3. 9:50 AM GREGORY WALLACE and LINDA WALTERS #5665. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's December 7, 2004 Notice of Disapproval concerning a proposed second. story addition which will constitute an increase in the degree of nonconformance with a setback at less than 35 feet from the front property line, at 62 Washington Ave, Greenport; CTM 41-1-35. Page 3 - Minutes Meeting held February 3, 2005 Southold Town Board of Appeals PUBLIC HEARINGS. continued - Please note: written testimony in lieu of extensive oral testimony is requested and appreciated and is entirely entered into the official record. All testimony shall be limited to zoning issues properly before the Board. 9:55 AM PETER WARNS #5658. Request for Variances under Sections 100-242A, 1 00-239.4B and 100-244, based on the Building Department's September 20, 2004 Notice of Disapproval concerning proposed additions with an increase in the degree of nonconformance at less than 15 ft. min. side and less than 75 ft. to bulkhead, at 8740 Peconic Bay Boulevard, Laurel; CTM 126-5-2.1. 10:00 AM DAWN RYAN and STEVEN KRAMER #5664. Request for Variances under Sections 100-33, 100-242A, and 100-2448, based on the Building Department's November 23, 2004 Notice of Disapproval, amended December 29, 2004, concerning proposed addition with alterations to an existing accessory garage which will increase the degree of nonconformance, with setbacks at less than five (5) feet from the side lot line and less than 40 feet from the front lot line, at 165 Bungalow Lane, Mattituck; CTM 123-3-4.1. 10:05 AM ALFRED and GLORIA GIARDIELLO #5660. Request for a Variance under Section 100-244 based on the Building Department's November 3, 2004 Notice of Disapproval concerning a proposed new dwelling, after demolishing the existing dwelling, with less than 35 feet from the front lot line and lot coverage exceeding the code limitation of 20%, on this 7,160 sq. It. lot, at 165 Walnut Place, Mattituck: CTM 142-1-14. 10:10 AM EDWARD F. JENSEN #5657. Request for a Variance under Section 100-244, based on the Building Department's November 9, 2004 Notice of Disapproval, concerning a proposed porch addition at less than 35 feet from the front Jot line, at 440 Sunset Way, Southold; CTM 91.1-8. 10:15 AM JKJ NORTH FORK REALTY, INC. #5662. Request for a Variance under Section 100-92, based on the Building Department's November 29, 2004 Notice of Disapproval, concerning a building permit application concerning proposed secondMstory alterations. The reasons stated for disapproval are that the height alteration will increase the degree of nonconformance with regard to a single side yard at less than 10 feet and total side yards at less than 25 feet. Location of Property: 53740 Main Road, Southold; CTM 61.4.6. Zone: Hamlet Business. 10:20 AM RICHARD SCHETMAN #5667. Request for Variances under Sections 100-33 and 100-131A, based on the Building Department's November 23, 2004 Notice of Disapproval, concerning new construction that will contain additional living space without being attached with the code-required heated space, constituting an accessory and a second dwelling, and exceeding the 18 ft. height limitation as an accessory building in a front yard. Location: 38910 Main Road, Orient: CTM 15-8-30. 10:30 AM BRUCE GARRITANO #5653. This is a request for a Special Exception under Article III, Section 100-30A.2B to establish a Bed and Breakfast use as an accessory use incidental to the owner's residence, with up to a maximum of five (5) guest bedrooms for lodging and serving of breakfast to not more than ten (10) casual, transient roomers. Location of Property: 8100 Main Road, East Marion; CTM 31.6.16. 10:35 AM JANICE and WILLIAM CLAUDIO (Linda Braider, Owner) #5655. (Resolution to open hearing and receive testimony from applicant; Consider request by adj. landowner, P. Ahlers for additional time to appear, with adjournment to 3/311:15 PM.) Applicants are requesting Variances under Section 100-32, based on the Building Department's December 8, 2004 Notice Please note: the next advertised hearing (D. Dash) was canceled by the applicant on 2/17. 11:Hi ^t1 O^VID aAs ~^R~/'.R/', D/'liFl 1!ee72. RSEjl;J8St fer a V3r:iaRse b1RSer SeGtisAs 1QQ 212f aREI 1QQ 244, 133seEl GA tl:!e ~l::liIEliRQ Department's aeptember 21, 2001 Netise af Disapprs':al, ameAsas Desember 2:3, 2901, G8nSerAiR€I prepeseEl aElElitiens/3lteratioRs "'Riel:! 'IJiIl iRsrease the de€lre€ of ROAG8RfeFFFlaAse "meR ISGates at Jess thaA 10 feet fram tt-le frSRt pr-eperty liRe. ^Iss the AS'" S8Rstl1JstiSR "'ill sr-eate 3 ne'l: AQAGonferFFlaRse 'IIheA leGates '''itA GeFFltliAeEl siEla yarE! f;etb3GI~E at less tl:!aA :3a feet, at 13ge ~10rtt-l P3risl=l QFi"e, S0ldtholEl; CTt171 1 €i. 11 :20 AM WILLIAM ARCHER #5654. Based on the Building Department's September 29,2004 Notice of Disapproval, citing Sections 100 M243A and 100M31A, variances are requested to construct a proposed second-story addition. The reason stated in the disapproval is that there is more than one dwelling on this 5.9.acre Jot (Kimogenor Point). Location: 50 Jackson Street, New Suffolk; CTM 116-6-24.1. 11 :30 AM COR MATTITUCK, INC. #5673. Request for a Reversal of the Building Department's January 6, 2005 Notice of Disapproval, concerning an aSMbuilt living area which has been deemed as a second dwelling unit, a non.permitted use under Zoning Code Section 100.30A.2, at 185 Stanley Road, Mattituck; CTM 106-8.18. Zone: R40 Residential. 11 :55 AM FRANCIS A. KESTLER, DDS #5675. Request for a Variance under Section 100-72 based on the Building Department's January 14, 2005 Notice of Disapproval, amended February 2005, concerning proposed alterations and handicap platform addition which will be less than 50 feet from the front lot line, at 11535 Main Road (and Pacific Street), Mattituck; CTM 142-2M16. Zone: Residential-Office. , Page 4 - Minutes Meeting held February 3, 2005 Southold Town Board of Appeals 12:00 PM CINGULAR WIRELESS PCS, LLC (Site Owner: A. Junge) #5671. Request for a Variance under Section 100- 165(C), based on the Building Department's December 15, 2004 Notice of Disapproval concerning a proposed equipment shelter building at less than 70 feet from the rear lot line, at 21855 C.R. 48 (Middle Road), Cutchogue; CTM 96-1-19.1. Zone: Light Industrial. 12:15 PM CURTIS and SUSAN RAND #5586. Request for Variances under Sections 100-242A and 100-244, based on the Building Department's May 14, 2003 Notice of Disapproval, amended October 13, 2004. The reasons stated in the disapproval are that the proposed porch reconstruction and as-built rear deck addition will be less than 35 feet from the rear and front lot lines. Location of Property: Greenwood Road, Fishers Island; CTM 12-1-13.3. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio and Simon. The Resolution was duly adopted (5-0). . . . Brief reviews of pending files and general discussion 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 8:30 pm. Respectfully submitted, ~cUL&~ ~ ~Jnda Kowalski Included by Reference: Filed ZBA Decisions (9) , LUll) ~ \. t ~" . Ruth D. Oliva Approved for Filing <'):i ' I ':'<./Ic,-,<\.' 2/ q /2007