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HomeMy WebLinkAboutZBA-12/02/2004 Special ./ APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 http://southoldtown.northfork.net RECEIVED 411-L.J. 1:31f't'l-). MAR 2 6 2007 ~t7~...'J', Soutffold TO~i1 Clerl BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY, DECEMBER 2,2004 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, December 2, 2004 commencing at 6:00 P.M. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member Lydia A. Tortora, Member James Dinizio, Member Linda Kowalski, ZBA Confidential Secretary Absent was Vincent Orlando, Member. 6:00 P.M. Chairwoman Oliva called the meeting to order and proceeded as follows: DELlBERATIONS/DECISIONS on the following applications: APPROVED AS APPLIED: ZBA File 5583 - Gary Rose ZBA File 5609 - Leo Olsen and Bryan Viii anti ZBA File 5610 -Arthur Torell ZBA File 5611 - Salvatore and Margaret Detrano ZBA File 5613 - Thomas and Annette Jordan ZBA File 5628 - Thomas Dewolfe (and Nancy Tramontana) ZBA File 5620 - John Reventlow APPROVED WITH CONDITIONS: ZBA File 5605 - Kostas Zachariadis ZBA File 5606 - Matthew and Alexandra Ninfo ZBA File 5607 - Andrew and Ann Monaco ZBA File 5608 - Risa Arin ZBA File 5625 - Barry D. Barth Page 2 - Minutes Special Meeting held December 2, 2004 Southold Town Board of Appeals RESOLUTIONS: A. RESOLUTION: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to authorize advertisinG of aDDHcations in comDlete form for DubHc hearinG to be held on Thursdav. December 14. 2004. ReGular MeetinG commencinG at 9:30 AM. 9:35 A.M. MORTIMER KELLY #5630. Request tor a Variance under Sections 1 00-242A and 100- 244, based on the Building Department's August 16, 2004 Notice ot Disapproval, for the reasons that the proposed additions with alterations will be less than 10 feet on a single side and less than 25 feet for both side yards, at (1195 (1145) Goose Creek Lane, Southold: CTM 78-8-8. 9:45 A.M. ALEX KOUTSOUBIS #5629. Request for a Variance under Section 100-239.4A, based on the Building Department's August 16, 2004 Notice of Disapproval concerning swimming pool construction at less than the code required minimum 100 feet from the top of the biuff or bank adjacent to the Long isiand Sound, at 1610 The Strand, Greenport; CTM 30-2-64. 9:40 A.M. JAMES PAPPAS #5634. Request for a Variance under Section 100-244B, based on the Building Department's September 13, 2004 Notice of Disapproval concerning a lot coverage exceeding the code limitation of 20 percent for new swimming pool construction, at 650 Tasker Lane, Greenport: CTM 33-4-40. 9:50 A.M. NANCY LOUISE CARROLL #5627. Request for a Variance under Section 100-244, based on the Building Department's July 22, 2004 Notice of Disapproval concerning proposed additions with alterations which will be less than the code-required 35 feet from the front yard line, less than 15 feet on a single side yard, and exceeding 20 percent lot coverage, at 350 West Lake Drive, Southold; CTM 90-1-21. 10:00 A.M. PETER W. GAILLARD #5631. Request for a Variance under Section 100-244, based on the Building Department's December 24, 2003 Notice of Disapprovai concerning as "as built" deck addition at less than the code required minimum 35 ft. from the front yard line, at Mansion House Drive, Fishers Island: CTM 6-5-8. 10:05 A.M. CHARLOTTE DICKERSON #5616. Request for a Variance under Section 100-239.4, for relief from the conditions of previous Appeal No. 5256 and based on the Building Department's August 12, 2004 Notice of Disapproval, amended November 22, 2004, concerning the as-built location of a foundation for a new single-family dwelling at less than 100 feet from the top of the L.I. Sound bluff). Location of Property: 4630 Blue Horizon Bluffs, Peconic: CTM Parcel 74-1-35.51. 10:15 A.M. GRACE KEHLE #5624. Request for a Variance under Section 100-244, based on the Building Department's may 25, 2004 Notice of Disapproval, amended August 4, 2004, concerning a proposed conversion of an accessory building located at less than 40 feet from the front property line, for single-family dwelling use. Location of Property: 630 Strohson Road, Cutchogue: CTM 103-10-12. 10:25 A.M. MARKO ANTICEV. Request for a Variance under Section 100-32, BASED ON THE Building Department's August 25, 2004 Notice of Disapproval, amended November 4, 2004, for a proposed parcel with a land area of less than 80,000 sq. ft. in this R-80 Residential Zone District. Location of Property: 2005 Old North Road, Southold: CTM 54-3-part or 26.4 (also shown as part of Lot 2, Map of Lighthouse Associates/Minor Subdivision). 10:35 A.M. NICK AND OLGA DIAKUN. Request for a Lot Waiver under Section 100-26 concerning Lot 2 containing 20,750+ sq. ft. as shown on the Map of Sunset Knolls, Section 2. Based on the Building Department's October 20,2004 Notice of Disapproval, and Section 100-25, the properties have been merged due to common ownership with the first lot at any time after July 1, 1983, until the total lot size conforms to the bulk schedule requirements. Combined the lands total 45,132 sq. ft. Location of Property: 1180 (and 1060) Stanley Road, Mattituck; Sunset Knolls Page 3 - Minutes Special Meeting held December 2, 2004 Snuthold Town Board of Appeals Subdivision, Section 2, Lots 1 and 2. Zone District: R-40 Residential. 10:50 A.M. JOHN and JOANNE GOUVEIA #5615. Request for Variances from Sections 100- 239.4, 100-242A and 100-244B, based On the May 26, 2004 Notice of Disapproval, amended November 22, 2004. The reaSOnS stated for the denial of the building permit application is that the additions will have setbacks at iess than 10 feet On a single side, iess than 25 feet for total side yards, less than 100 feet from the bank or bluff adjacent to the Long Island Sound, and the lot coverage will exceed the code limitation of 20 percent. Location of Property: 55405 CR 48, Southold; CTM Parcel 44-1-11. 11 :00 A.M. ELIZABETH PEYTON and ANTHONY JUST #5632. Request for a Variance under Section 100-33, based On the Building Department's September 10, 2004 Notice of Disapproval, to iocate a proposed swimming (lap) pool in an area other than a rear yard, at 195 Village Lane, Orient; CTM 18-5-8. 1 :00 P.M. PETER AND MARY JACOBS #5604. Request for a Variance under Section 100-244, based On the Building Inspector's August 30, 2004 Notice of Disapproval, amended November 5, 2004, concerning a new dwelling which will be less than 35 feet from the rear yard line and exceeds the 20% code limitation of lot coverage, at 940 Gillette Drive, East Marion; CTM 38-2-10. 1 :05 P.M. CD. REITER'S #5626. Request for a Speciai Exception under Article Xli, Section 100- 121B(1), concerning construction of a proposed second-story addition, or upper level (mezzanine), to an existing restaurant located in the Marine II Zone District. Also requested is a Variance under Sections 100-242A, 100-22 Bulk Schedule, based On the Building Department's August 6, 2004 Notice of Disapproval concerning a setback at less than 25 feet frorn the rear lot line. Location of Property: 750 Old Main Road, N.Y.S. Route 25, Southold; CTM 56-6-8.7. 1 :10 P.M. FITF, LLC #5617. Request for a Variance under Section 100-122 based On the Building Inspector's January 12, 2004 Notice of Disapproval, amended September 21,2004, for a proposed parcel with less than 80,000 square feet in a proposed subdivision (2.2), situated in a Marine II Zone. The remaining land (2.1) is situated in an R-80 Residential Zone. Location of Property: West Side of Reservoir Road near Silver Eel Cove), Fishers Island; CTM 1000-9-8-2, of 3.30 acres. 1 :15 P.M. ORIENT FIRE DiSTRiCT #5408. Proposed telecommunications tower, replacing the existing tower, at 23300 Main Road, Orient; CTM 18-5-13.8. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio and Tortora. Member Orlando was absent.) This Resolution was duly adopted (4-0-1). . . . B. RESOLUTION: MotiOn was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to authorize advertisino of applications in complete form far public hearino to be held on Thursdav. January 20. 2004 Reoular Meetino cammencino at 9:30 A.M. 9:30 A.M. APPL. #5430 - JOSEPH AND DANIELLE HELINSKI, pending update with NYS DOT (carried from 11/20/04). 9:30 A.M. DEBRA VICTOROFF #5334. Request for a Variance under Section 100-244, based On the Building Department February 11, 2003 Notice of Disapproval. Applicant proposes a dwelling at less than 35 feet from the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 & 29.1 (as one lot). 9:35 A.M. JOSEPH GULMI and SUSAN BRAVER GULMI #5340. Request for a Variance under Section 100-33, based On the Building Department's March 4, 2003 Notice of Disapproval. Page 4 - Minutes Special Meeting held December 2, 2004 Southold Town Board of Appeals Applicanls propose a swimming pool, accessory garage and accessory shed in an area other than the required rear yard, at 250 Pine Tree Court, Cutchogue; Parcel 98-1-7.11. 9:40 A.M. WILBUR OSLER #5451. Request for a Variance under Section 100-239.4B, based on the Building Department's September 30, 2003 Notice of Disapproval, concerning a porch addition proposed at less than 75 feet from the bulkhead, at 8070 Peconic Bay Boulevard, Laurel; Parcel 126-11-17. 9:50 A.M. WiLLIAM and CAROL GILLOOLY #5456. Request for a Reversal of the Building Department's October 31, 2003 Notice of Disapproval, and/or Variance under Section 100-30A.4 (ref. 100-33), concerning an as-built detached garage iocated In a yard other than a rear yard, at 605 Village Lane, Orient; Parcel 25-2-20.21. 10:00 A.M. MARTHA CASSIDY #5457. Request for Variances under Sections 100.30A.1 and 100-231, based on the Building Department's March 10, 2003 Notice of Disapproval, amended May 6,2003, for the following reasons: (1) a tennis court is not a permitted use on a vacant lot, and (2) the proposed tennis court fence will exceed the code limitations of four ft. maximum height along or within front yard areas, six ft. maximum height along side and rear yards when a principal use is existing). Location: 1015 Youngs Avenue, Orient; CTM 18-1-3. 10:10 AM JOSEPH TRENCHENY #5453. Request for a Variance under Section 100-244B, based on the Building Department's August 25, 2003 Notice of Disapproval, concerning additions and alterations proposed with a total side yard area at iess than 25 feet, at 120 South Lane, East Marion; Parcel 37-6-3.2. 10:15 A.M.SAMUEL and ISABELLE DISTASI #5454. Request for a Variance under Section 100- 244B, based on the Building Department's October 16, 2003 Notice of Disapproval, for proposed additions and alterations to the existing single family dwelling with a front yard setback at less than 35 feet, at 125 Youngs Avenue, Southold; Parcel 61-4-40. 10:20 A.M.PATRIZIA ZANBONI #5452. Request for a Variance under Section 100-244B, based on the Building Department's August 22, 2003 Notice of Disapproval, amended August 25, 2003, concerning a new single-family dwelling with a front yard setback at less than 35 feet, after demolishing the existing building, at 1385 Minnehaha Boulevard, Southold; Parcel 87-3-23. 10:30 AM REID MAHAFFY #5455. Request for a Variance under Section 100-244B, based on the Building Department's September 5, 2003 Notice of Disapproval, concerning an addition proposed at less than 40 feet from the front lot line, at 7705 North Bayview Road, Southold; Parcel 79-4-18. 10:40 A.M.CATHY STANKEWICZ #5458. Request for a Variance under Section 100-244B, based on the Building Department's July 23, 2003 Notice of Disapproval, concerning a proposed addition at less than 40 feet from the front property line, at 1705 Henry's Lane, Peconic; Parcel 74-1-8. 11:00 A.M.DANIEL and TINA FINNE #5474. Request for a Waiver of Merger under Section 100- 26, based on the Building Department's December 12, 2003 Notice of Disapproval, to unmerge a land area of 4500 sq. ft. (CTM #1000-48-2-40 with an existing structure containing less than 850 sq. ft. of floor area) from an adjacent land area of 2750 sq. ft. (CTM #1000-48-2-19, containing a dwelling with less than 850 sq. ft. floor area), at 970 and 1020 Seventh Street, Greenport; Greenport Driving Park Ref. 56 and part of 57. 1 :00 P.M. FR. JOHN MCGUIRE #5465. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's November 17, 2003 Notice of Disapproval, amended November 21,2003 concerning additions and alterations proposed at less than 15 feet on one side and less than 35 feet for both side yards, at 3630 North Sea Drive, Orient; Parcel 15-1-1. 1 :10 P.M. DOLORES ULLMANN #5464. Request for a Variance under Section 100-244B, based on the Buiiding Department's November 17, 2003 Notice of Disapproval, concerning additions/alterations (under construction, BP #290421 issued 2/29/02) at less than 35 feet from the front lot line, at 2445 Minnehaha Boulevard, Southold; Parcel 87-3-47. ~ Page 5 - Minutes Special Meeting held December 2, 2004 Southold Town Board of Appeals 1 :20 P.M. HELEN STRATIGOS #5459. Request for a Variance under Section 100-242A and 100- 244, based on the Building Department's October 2, 2003, concerning a second-story addition proposed over the existing dwelling, with a single side yard at less than 10 feet, and both side yards at less than 25 feet, at 1500 Sound Beach Drive, Mattituck; Parcel 106-1-33. 1:30 P.M. EDWIN REEVES #5462. Request for a Variance under Section 100-30A.4 (ref. 100- 33), based on the Building Department's July 3, 2003 Notice of Disapproval, amended September 23, 2003, concerning the location of a garage in a yard other than the required rear yard, at 495 Maple Lane, Orient; Parcel 17-2-3.1. 1:40 P.M. SETH and BARBARA EICHLER #5463. Request for a Variance under Section 100- 239.4A, based on the Building Department's November 17, 2003 Notice of Disapproval, amended November 21, 2003, concerning a swimming pool proposed at less than 100 feet from the top of the bank or bluff of the Long Island Sound, at 17915 Sound View Avenue, Southold; Parcel 51-1-6. 1 :50 P.M. MARK STUFANO #5461. Request for a Variance under Section 100-244, based on the Building Department's October 14, 2003 Notice of Disapproval, amended November 5, 2003, concerning a new dwelling at less than 35 feet from the rear property line, at 3505 Camp Mineola Road, Mattituck; Parcel 123-6-12.5. 2:00 P.M. THOMAS DeWOLF #5467. This is a Request for a Variance under Section 100-244B, based on the Building Department's December 1, 2003 Notice of Disapproval, amended December 3, 2003, concerning an addition proposed at less than 35 feet from the front lot line, at 415 Sterling Place, Greenport; Parcel 34-3-50. 2:10 P.M. RICHARD and DOROTHY POGGI #5468. Request for a Variance under Sections 100- 244A and 100-244, based on the Building Department's December 10, 2003 Notice of Disapproval. Applicants propose a cantilevered bay window addition at the upper portion of the existing dwelling which will have a total side yard area of less than 25 feet, at 1740 Village Lane, Orient; Parcel 24-2- 18. 2:15 P.M. TODD JENSEN #5476. This is a request for a Waiver of Merger pursuant to Section 100-26, based on the Building Department's December 22,2003 Notice of Disapproval, amended December 23, 2003, to unmerge an adjacent 5,620+- sq. ft. improved parcel known as 170 Linnet Street, CTM 1000-48-3-4, from the applicant's 5,650 sq. ft. parcel, now unimproved. Location of Property: 819 Linnet Street, Greenport, CTM 48-3-3. 2:30 P.M. DONALD GRIM #5441 - (Carried from 12/18 PH calendar; 1/16/04 received map with breakout of 5 acres for farmstand, and remaining acreage). Applicant requests a Variance under Section 100-31A.2 based on the Building Department's January 23, 2003 Notice of Disapproval concerning a proposed horse barn on a 7.467-acre lot instead of the code required 10 acres, after applying five (5) acres of tillable land for the existing farm stand use at 22745 C.R. 48, Cutchogue; CTM 84-1-25.2. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio and Tortora. (Member Orlando was absent.) This Resolution was duly adopted (4-0-1). . .. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: Chairwoman Oliva confirmed the next Regular Meeting for December 16, 2004 at 9:30 A.M. RESOLUTION: Motion was made by Member Dinizio, seconded by Member Goehringer, and duly carried, to send a letter to the Town Board, recommending Ruth D. Oliva for reappointment as 2005 Chairwoman for the Zoning Board of Appeals. Ayes: All. This Resolution was duly adopted (4-0-1). Page 6 - Minutes Special Meeting held December 2, 2004 Southold Town Board of Appeals ** . There being no other business properly coming before the board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 6:55 pm. Respectfully submitted, hf,~M. d//fW'~ " t6~~ 'Kowals~i . Secretary Incorporated herein: ZBA Decisions (12) Ruth D. Oliva, Chairwoman Approved for Filing