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Home My WebLink AboutZBA-01/25/2007 APPEALS BOARD MEMBERS Ruth D. Oliva. Gerard P. Goehringer James Dinizio, Jr. ChainTEn 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, JANUARY 25, 2007 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 +~3:4q/."I? MAR 9 2007 ~Cl?l~'!J., $outfold To~n CIeri A Regular Meeting of the SOUTH OLD TOWN ZONING BOARD OF APPEALS was held at the South old Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, January 25, 2007 commencing at 9:30 A.M. Present were: James Dinizio, Chairman/Member Ruth D. Oliva, Member Gerard P. Goehringer, Member (9:30 - 2:15 PM) Michael A. Simon, Member Leslie Kanes Weisman, Member Kieran Corcoran, Assistant Town Attorney (11 :10 AM - 3:25 PM) Linda Kowalski, ZBA Confidential Secretary 9:35 A.M. Chairman Dinizio called the meeting to order. 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 Oliva, seconded by Member Goehringer to declare the following Declarations: Tvpe II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Kevin and Lesiey Milowski #5987 Kathieen Bower #5981 Robert and Susan Somerville #5993 FIDCO #5990 Sandy Ground LLC and S. Perry #5992 Arthur Aiello #5995 Russell and Florence Pellicano #5991 Phillip and Linda Kermanshahchi #5986 Henry Ruggiero #5982 W. Bruce and Mary Ann Bollman #5680 William E. Lehmann and Ailce Lehmann #5989 Joseph E. Gulmi and Susan Braver #5994 East Marion Fire District #5972 Vote of the Board: Ayes: Ail. Resolution was duly adopted (5-0). Page 2 - Minutes Meeting held January 25, 2007 Southold Town Zoning Board of Appeals . . . II. DELIBERATIONS/DECISION (PH held 11/30/06): The Board deliberated on the following application; with a denial, the original filed with Southold Town Clerk and attached and entered herein: Henry Oman and Christina J. Oman #5970 .. . III. PUBLIC HEARINGS: The Legal Notice was read for each of the following hearings. (Please see transcript of written statements prepared under separate cover.) 9:35 AM. KEVIN and LESLEY MILOWSKI #5987. A Variance is requested under Section 280-14, based on the Building Inspector's September 15, 2006 Notice of Disapproval concerning a proposed addition to 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, Mattituck; CTM 113-7-19.8. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairman Dinizio, seconded by Member Weisman, to close the hearing reserving decision. This Resolution was duly adopted (5-0). 9:46 A.M. KATHLEEN BOWER #5981. Request for a Variance under Section 280-15, based on the Building Inspector's September 19, 2006 Notice of Disapproval concerning an as-buill accessory shed located in a yard other than the code-required rear yard, at 12710 Soundview Avenue and corner of Horton's Lane, Southold; CTM Parcel 1000-54-7-1.3. (No appearance in behalf of the applicant) (Please see transcript of written statements by Members prepared under separate cover.) BOARD RESOLUTION: Motion was offered by Member Oliva, seconded by Member Simon, to adjourn the hearing to February 22,2007. This Resolution was duly adopted (5- 0). 9:51 AM. ROBERT and SUSAN SOMERVILLE #5993. Rob Lehnert of Boulevard Planning. 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. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairman Dinizio, seconded by Member Oliva, to close the hearing reserving decision. This Resolution was duly adopted (5-0). 10:00 A.M. FIDCO #5990. John Spofford, President, Fishers Island Community Center and Lily Rutherford, Architect Request for a Special Exception, based upon Code Sections 280-48, B6 and B8, concerning a proposed conversion of the existing building to 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. (Please see transcript of written statements prepared under separate cover.) DELIBERATIONS/DECISION: See determination, the original of which is filed with the Town Clerk), incorporated herein. . .. WORK SESSION: Discussion by Chairman Dinizio relative to Open Meetings Law, confirming procedure for preparing the record, and confirming that the office review procedures concerning completeness of maps and the file documentation will continue to be done by the Board Secretary, Linda Kowalski, and when the application is complete, then it is advertised for a public hearing. Board Members addressed concerns that sometimes more information is needed on the maps, and the Chairman said some of the more technical details can be requested at the public hearing. .. . 10:21 AM. SANDY GROUND LLC and S. PERRY #5992. P. Moore, Esq. Request for a Variance under Section 280-18 to reduce a lotto less than 40,000 square feet in this R-40 Zone, based on the applicant's submission of an application to the South old Town Planning Board under the Subdivision Code (Chapter 240) for a lot line Page 3 - Minutes Meeting held January 25,2007 Southold Town Zoning Board of Appeals 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 Property: 57190 Main Road (SR. 25) and private right-of-way extending 244.19 feet from the east side of Town Harbor Lane, Southold; CTM 63-4-3 and 5.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairman Dinizio, seconded by Member Oliva, to close the hearing reserving decision. The Resolution was duly adopted (5-0). RESOLUTION: Motion offered by Member Simon, seconded by Member Goehringer, and duly carried, to take a short recess. A recess was taken from 11 :00 - 11 :07 AM. RESOLUTION TO RECONVENE: Motion was offered by Chairman Dinizio reconvened the meeting at 11 :07 AM, and proceeded with Agenda Items as follow: 11 :07 AM. 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. (Please see transcript of written statements prepared under separate coveL) Mr. Aiello indicated he misplaced the mail receipts and Affidavit of Mailing for this hearing. The Chairman asked the applicant to furnish proof of mailings and an Affidavit, or to send notices again by certified mail with the Affidavit and post office receipts. ML Aiello agreed. BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded by Member Simon, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 11 :20 AM. RUSSELL and FLORENCE PELLICANO #5991. Request for a Special Exception under Section 100- 31 B of the South old 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 Property: 9680 North Bayview Road, Southold; CTM 79-8-13.1. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Weisman, to approve the application as applied. The Resolution was duly adopted (5-0). 11 :40 AM. PHILLIP and LINDA KERMANSHAHCHI #5986. P. Moore, Esq. 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. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Simon, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 12:00 P.M. HENRY RUGGIERO #5982. P. Moore, Esq. 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 nonconformance 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. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Simon, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 12:13 P.M. W. BRUCE and MARY ANN BOLLMAN #5680. Harvey Arnoff, Esq. in support of the application and in opposition Eric Bressler, Esq. for adjacent landowner, J. Gould. The 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 Department's February 3, 2005 Notice of Disapproval, concerning an application for a buiiding 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 Marion; CTM 31-13-4. (Please see transcript of written statements prepared under separate cover.) Page 4 - Minutes Meeting held January 25, 2007 Southold Town Zoning Board of Appeals BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Weisman, to close the hearing, reserving decision. The Resolution was duly adopted (5-0). A short lunch recess was taken from 12:50 - 1:10 PM. RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to recess for a short break. Chairman Dinizio reconvened the meeting at 1 : 1 0 PM. Motion was offered by Member Oliva, seconded by Member Weisman, and duly carried to reconvene. The Chairman proceeded with Agenda Items as foilow: 1:10 P.M. WILLIAM E. LEHMANN and ALICE LEHMANN #5989. Charles R. Cuddy, Esq. Request for a Variance under Section 280-13A (100-31A), based on the Building Inspector'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. Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded by Chairman Dinizio, to adjourn to March 29, 2007 at 9:00 A.M. as requested by the applicant's attorney. This Resolution was duly adopted (5-0). 1:32 P.M. JOSEPH E. GULMI and SUSAN BRAVER #5994. This is an application requesting Variances under Sections 280-13 (formeriy 100-33) and 280-105, based on the Building Inspector'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 of four feet, at 250 Pine Tree Court, Cutchogue; Parcel 98-1-7.11. (Pi ease see transcript of written statements prepared under separate cover.) The Chairman opened the hearing to receive testimony, and there were no appearances, except that applicants' written request was received for additional time and adjournment to March 29, 2007. BOARD RESOLUTION: Motion was offered by Chairman Dinizio, seconded by Member Goehringer, to adjourn the hearing to March 29, 2007 with aDDlicant's Draof of reauired mailinas and sian Dostina in advance of the Dublic hearina. This Resolution was duly adopted (5-0). 1 :33 P.M. EAST MARION FIRE DISTRICT #5972. Edward John Boyd V, Esq., Robert Wailace, Chief of the EM Fire District, Bill Scheidel, owner of East End Communications Electronics. Speaking in opposition was Cheryl Bondarchuk, adjacent homeowner. This hearing was 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 Inspector's July 25, 2006 Notice of Disapproval, for construction of a proposed wireless communication/telecommunications tower on property owned, leased or otherwise controiled 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 shail 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, ail telecommunication towers shall be surrounded by dense tree growth to screen views of the facility in all directions. Location: 9245 Main Road, East Marion; CTM 31-3-11.31 containing 3.05 acres. (Please see transcript of written statements prepared under separate cover.) Member Goehringer attended most of the hearing, leaving at 2:15 P.M. BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Weisman, to close the hearing reserving decision. The Resolution was duly adopted (4-0). . . . IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION ADOPTED: Motion offered by Chairman Dinlzio, seconded by Member Oliva, to authorize advertising of new hearings for February 22, 2007. VOTE OF THE BOARD: Ayes: All. . B. The Chairman confirmed the scheduled Special Meeting for 6 PM Thursday, February 8, 2007 (Annex, second floor) for deliberations, decisions and other matters coming before the Board at that time. C. RESOLUTION ADOPTED: Motion offered by Chairman Dinizio, seconded by Member Oliva to accept the Mary Zupa Application File #6010 for review for processing as new Appeal, and advertising of public hearing when complete. VOTE OF THE BOARD: Ayes: All. V. EXECUTIVE SESSION: RECEIVED q~ 3: q~f'01 MAR 9 2007 ~Cl?fe-'th' S(lu~old T~wlI (leI' Page 5 - Minutes Meeting held January 25, 2007 Southold Town Zoning Board of Appeals RESOLUTION: Motion was offered by Member Oliva, seconded by Member Weisman. to enter into Executive Session to discuss pending litigation: Zupa v. ZBA; Milot v. ZBA; Blocker v. ZBA and Zang. VOTE OF THE BOARD: Ayes All (4-0). (Absent: Member Goehringer). REGULAR MEETING RECONVENED: RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Weisman to exit Executive Session and to reconvene the Reguiar Meeting. The Resolution was duiy adopted (4-0). (Absent: Member Goehringer). . .. RESOLUTION ADOPTED: Assistant Town Attorney Kieran Corcoran reviewed the new appeal submitted by Victor and Mary Zupa. Discussion followed. Motion was offered by Chairman Dinizio, seconded by Member Oliva, and duly carried, to authorize the Board Secretary to accept the Appeal, when additional photocopies are added to complete the appeal filing, for processing as a new file number, and advertising, when complete. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Dinizio, Simon and Weisman. Absent was: Member Goehringer. This Resolution was duly adopted (4-0). Brief review of pending files and general discussions by Board Members followed. The Chairman distributed copies of his Memo with attachment, which read: in an effort to obtain information as needed by the Members of the Board and to improve the process regarding which documents are considered and officially entered into the ZBA Town File (kept by staff in the ZBA office), I attach a form to be filled out and submitted to me. I ask that when any requests are made through the office staff, that ZBA Members send their requests by email, fax or by hand to the ZBA office. The Chairman also asked why was Local Law #2-2007 on the Agenda identified with the Aiello variance when the hearing was just held. ZBA Secretary Linda Kowalski explained that it may be a file affected by the new Zoning Code law under Locai law #2-2007, and wanted to bring attention to the only file that appeared to be affected, especially since the new Law was filed only a few days ago with the Secretary of State, and now in full effect. Chairman Dinizio asked the Board Member assigned to this fiie to address this when preparing her draft assignment. Chairman Dinizio also asked Vice Chairwoman Oliva to provide updates regarding current litigation for agenda purposes. There being no other business properly coming before the Board at this time, Chairman Dinizio deciared the meeting adjourned. The meeting was adjourned at 3:10pm. Respectfully submitted, ,1t11rJa t;wObh . Linda Kowalski .)/(,/07 Secretary, Board of Appeals Included by Reference: Filed ZBA Decision (3) ~ ~ !>/r/01@