HomeMy WebLinkAboutZBA-10/27/2005 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' PO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
hup:/ /southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809' Fax (631) 765-9064
MINUTES
SPECIAL MEETING
THURSDAY, OCTOBER 27,2005
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
October 27,2005 commencing at 6:00 P.M.
Present were:
Ruth D. Oliva, Chairwoman/Member
Gerard P. Goehringer/Member
James Dinlzlo, Jr.lMember
Michael A. Simoni Member
Linda Kowalski, ZBA Assistant and Secretary
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Absent was Vincent Orlando, Member
Southold Town Clerk
6:11 P.M. Chairwoman Oliva called the meeting to order.
The Board proceeded with the Agenda, as follows:
DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. The originals of
each of the following applications were decided and filed with the Southold Town Clerk:
Grant of Alternative Relief with Conditions:
ZBA File 5680 - Bruce and Mary Ann Bollman
Approvals (with Conditions or As Applied):
ZBA File 5742 - James and Denise Martin
ZBA File 5748 - Paul Maloney
ZBA File 5753 - Benedict Pollio
ZBA File 5758 - Thomas DeMaggio
ZBA File 5760 - Anthony and Joanne Kropp
ZBA File 5761 - Alfred and Mary Knapp
ZBA File 5763 - Peter Sabat
ZBA File 5765 - Peter Izzo
ZBA File 5767 - Paul and Linda Zeneski
ZBA File 5769 - Andrew and Ann Monaco
ZBA File 5770 - Margaret Travis Radacinski
ZBA File 5771 - Richard and Marie Schulken
Page 2 - Minutes
Meeting held Oelober 27, 2005
Southold Town Zoning Board of Appeals
ZBA File 5772 - Mary Butz
ZBA File 5773 - Theodore Harris
ZBA File 5774 - Roman Watroba
ZBA File 5775 - Albert and Barbara Reibling
ZBA File 5776 - John and Antoinette Robertson
ZBA File 5780 - Richard Kubiak
ZBA File 5782 - Thomas Anderson
RESOLUTION: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly
carried to authorize advertisina of complete applications for public hearinas to be held Thursdav,
November 17, 2005 commencina at 9:30 AM.
9:30 A.M. JOHN and BARBARA CONDON #5785. Request for a Variance under Section 100-244, based on the
Building Departmenfs August 31, 2005 Notice of Disapproval concerning a proposed addition at less than 35 feet from
front lot line, at 1755 Sigsbee Road, Mattituck; CTM 144.2.12.
9:35 AM. MARTIN KOSMYNKA (contract vendee) and TIDE GROUP, INC. #5779. Request for a Variance under
Section 100-43C, based on the Building Inspector's August 2, 2005 Notice of Disapproval, to allow an Apartment unit for
security/management purposes related to the proposed public storage use. at 50 Commerce Drive, Cutchogue: Parcel 96-
1.1.4. Zone District: LI Light Industrial.
9:40 A.M. ALEXANDER SZNURKOWSKI #5786. Request for a Variance under Section 100-244, based on the Building
Inspector's July 21, 2005 Notice of Disapproval, amended September 14, 2005 concerning a proposed addition and
alterations to an existing dwelling, creating a total side yard setback area of less than the code required 35 feet (15 and 20
feet), at 710 West Shore Drive, Southold; CTM 80.146.1.
9:45 A.M. RALPH PASSARO #5790. Request for Variances under Sections 100.33A.4 and 100.244, based on the
Building Inspector's August 31,2005 Notice of Disapproval, concerning as-built additions at less than 50 feet from the rear
yard line, and as-built shed located in a side yard instead of the code-required rear yard, at 875 Deerfoot Path,
Cutchogue; CTM 1034.6.
9:50 AM. SIMON CAUDULLO #5787 and as amended under #5801. Request for Variances under Sections 100.12 and
100.244B, based on the Building Department's August 24, 2005 Notice of Disapproval, amended October 24, 2005,
concerning as-built additions and alterations to a non-habitable building with nonconformities in the following areas: (a)
less than 35 feet from the front yard line, (b) lot coverage exceeding the code limitation of 20% lot area, and (c) living
area less than the code required minimum 850 square feet for dwelling use, at 970 Seventh Street, Greenport; CTM 48-2-
19.
9:55 A.M. CHERYL HANSEN REVOCABLE TRUST #5796. Request for Variances under Code Sections 100-33 and
100-239.48 concerning a proposed accessory garage located partly in a side yard instead of the code-required front or
rear yard, and at less than 75 feet from the bulkhead, at 445 Elizabeth Lane, Southold; CTM 75-5-3.
10:00 A.M. ELLEN J. McNEILLY #5800. Request for a Variance under Section 100.244, based on the Building
Inspector's October 18, 2005 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling,
which will constitute an increase in the degree of nonconformance when located at less than 10 feet from the code-
required minimum side yard, at 70 Vincent Street, Orient; CTM 26-1-5.
10:10 A.M. MONTAUK BUS SERVICE, INC. #5778. Request for a Special Exception under Section 100.141(B.6)
concerning a proposed Bus Terminal use and related building areas located at 115 Commerce Drive, Cutchogue; CTM
96.1.1.2. Zone District: LI Light Industrial.
10:20 A.M. BARTON and PAT JOHNSON #5788. Request for a Variance under Section 100.239.4B, concerning
demolition of an existing dwelling and proposed new dwelling at less than 75 feet from the bulkhead. at 860 Bayview
Drive, East Marion; CTM 37-5-7.
10:25 AM. MICHAEL ZEVITS #5789. Request for a Variance under Section 100.244 concerning a proposed new
dwelling, based on the Building Department's June 22, 2005 Notice of Disapproval, amended September 13, 2005, for the
reason that the new construction will be less than 35 feet from the front yard line and less than 75 feet from the bulkhead,
al1450 West Lane, Southold; CTM 88.6-18.5.
10:30 A.M. PREMiUM WINE GROUP LLC #5784. Request for a Variance under Section 100.83C, based on the
Building Department's August 9, 2005 Notice of Disapproval concerning proposed additions and alterations connecting
two existing buildings, resulting in a linear frontage following the new construction of more than the code limitation of 60
feet on one street. Location of Property: 35 Cox Neck Road at Sound Avenue, Mattituck; CTM 121-06-01.
Page 3 - Minutes
Meeting held October 27,2005
Southold Town Zoning Board of Appeals
10:40 A.M. JAMES and DENISE MARTIN #5794. Request for Variances under Sections 100-33 and 100-242A, based
on the Building Department's September 28, 2005 Notice of Disapproval, concerning as-built accessory structures (trellis,
hot tub structure, shed), expansion of the swimming pool, and alterations of an existing shed to an outdoor shower and
changing area related to use of the swimming pool, and storage. The reasons stated in the Building Inspector's Notice of
Disapproval are that the new construction related to the accessory buildings/structures are less than 60 feet from the front
yard line, and that the change of use of the existing nonconforming shed increases the nonconformity when the use is
intensified to a different accessory use. Location of Property: 1695 Meadow Beach Road. Mattituck; CTM 116-4-31.
10:50 A.M. M. and H. REDDINGTON #5791. Request for Variances under Sections 100-32 and 100-25, based on the
Building Inspector's August 23, 2005 Notice of Disapproval, for area, width and depth in this division of merged lands,
conveyed by deeds after May 1983. The reasons stated in the Notice of Disapproval are that the lots are merged, and no
deed of record was found for separate lots 7.1 or 7.2 (required for lot recognition under Section 100-24A-1). Location of
Property: Comer of Horton Road and Bittersweet Lane, Cutchogue; CTM 104-2-7.1 and 104-2-7.2.
11:10 A.M. JOHN and JANE ANN INGRILLI #5734. Request for Variances under Sections 100-33 (100-30C) and 100-
244B, based on the Building Inspecto(s April 12, 2005 Notice of Disapproval, amended October 24, 2005, oonceming
removal or the existing garage and construction of a new accessory building with garage and storage on the first floor,
and workshop on the second floor and plumbing for a half-bathroom. The reasons stated in the Building Inspector's
Notice of Disapproval are that the building is not permitted because the setback will be less than 50 feet from the rear
yard line and that the workshop use is not a permitted use. Location of Property: 10375 Nassau Point Road, Cutchogue;
CTM 119-1-15.
1 :20 p.m. ROA PROPERTIES (RICH'S QUALITY AUTO BODY) #5759. Request for a Variance under Section 100-
241A, based on the Building Department's May 26, 2005 Notice of Disapproval concerning a proposed detached 1760+-
square foot building for business activities related to the existing nonconforming auto body business. The reason stated
in the Building Inspector's denial is that the property is zoned Residential R-40 and a nonconforming auto body shop use
is not permitted to be enlarged, altered, extended, reconstructed, or placed on a different portion of the lot or parcel of
land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased
by any means whatsoever." Location of Property: 29950 Main Road at intersection with Fleets Neck Road (alkla
Pequash Avenue), Cutchogue; CTM 102-3-1.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon. Absent was
Member Orlando. The Resolution was duly adopted (4-0).
. . .
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 7:35 P.M.
Respectfully submitted,
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l(iifd~ Kowalski
Included by Reference: ZBA Filed Decisions (20)
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Ruth D. Oliva, Chairwoman 3/ :'f /2007
Approved for Filing