The URL can be used to link to this page

Home My WebLink AboutZBA-02/22/2007 APPEALS BOARD MEMBERS Ruth D. Oliva Gerard P. Goehringer James Dinizio, Jr. Ola:iJ:nan 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, FEBRUARY 22, 2007 . Mailing 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 ct ~ Q :31frn. ~cl . Southold Town ~ A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the South old Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, February 22,2007 commencing at 9:30 A.M. Present were: James Dinizio, Chairman/Member Ruth D. Oliva, Member Gerard P. Goehringer, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Kieran Corcoran, Assistant Town Attorney (12:30 pm -1: 15 pm) Linda Kowalski, ZBA Confidential Secretary 9:40 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: Type II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: Gerald Lang #5998 Dorothy E. Lockridge #5997 George and Jeanne Braun #5996 Linda Commender and Others #5999 Carole Donlin #6003 Vicki Haupt #6000 C. Barrows Hall #6001 Claire Jannuzzi Copersino #6002 Ernesto Adriano #6006 Page 2 - Minutes Meeting held February 22, 2007 Southold Town Zoning Board of Appeals . . Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS: Chairman Dinizio opened each hearing and read the Legal Notice for the record concerning each application: 9:41 A.M. GERALD LANG #5998. Requested are: (a) Reversal under Section 280-116-B, based on the Building Inspector's July 7, 2006 Notice of Disapproval, amended September 14, 2006, concerning a second- story deck built in 1973, at less than 75 feet from the top of the bulkhead, and/or a variance as an alternative; and (b) Variance under Section 280- 15-C concerning an as-built accessory structure (playhouse) located at less than 35 feet from the front yard line. Location of Property: 3480 Ole Jule Lane, Mattituck; CTM 122-4-21. Mr. Lang spoke in behalf of his application. Received from a nearby resident (Richard Burden) was a letter requesting a four-week extension because he has concerns and is not able to attend today's hearing. Mr. Burden also noted that the sign was not visible and he was not aware the hearing was for today. (Also please see discussions in transcript of written statements prepared under separate cover.) After receiving testimony, the Board asked Mr. Lang to re-post a sign for the March 29, 2007 public hearing. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairman Dinizio, seconded by Member Goehringer, to adjourn the hearing as requested by Richard Burden and for re-posting of the sign, to Thursday, March 29, 2007 at 9:30 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:17 A.M. DOROTHY E. LOCKRIDGE #5997. Request for a Special Exception under Article III, Section 100-30A.2B and 10-31B, subsections 14 (a-d) of the Southold Town Zoning Code. The applicant-owner requests an Accessory Bed and Breakfast for the renting of three guest bedrooms for lodging and serving of breakfast to not more than 10 casual and transient roomers, provided that the renting of such rooms is clearly incidental and subordinate to the principal single-family dwelling use. Location: 9625 Main Road, East Marion; CTM 31-3-21. Mrs. Lockridge spoke in behalf of her application. (Also please see transcript of written statements prepared under separate cover. Members Oliva and Weisman noted that they wished to view the interior of the dwelling during the appointment scheduled with Mrs. Lockridge for Saturday, February 24, 2007.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Simon, to close the hearing, reserving decision until after the site visit by Board Members. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:27 A.M. GEORGE and JEANNE BRAUN #5996. Request for a Variance under Section 280-124, based on the Building Inspector's October 225, 2006 Notice of Disapproval concerning a proposed addition to the existing dwelling at less than 10 feet on a single side yard and less than 25 feet for the combined side yards, at 2005 Bayshore Road, Page 3 - Minutes Meeting held February 22,2007 Southold Town Zoning Board of Appeals . . Greenport; CTM 53-4-11. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Weisman, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:35 A.M. LINDA COMMENDER and OTHERS #5999. Request for a Variance under Section 280-15, based on the Building Inspector's November 6, 2006 Notice of Disapproval concerning proposed additions to the existing dwelling, which creates a side yard instead of a rear yard for the existing accessory garage, at 1370 Highland Road, Cutchogue; CTM 102-8-31. Mr. Martin Meade, Contractor-Agent for the applicant, spoke in support of the applicants' request. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Mernber Simon, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS, continued. Chairman Dinizio opened each hearing and read the Legal Notice for the record concerning each hearing: 10:36 A.M. CAROLE DONLIN #6003, by Deborah Doty, Esq. Request for a Variance under Section 280-124, based on the Building Inspector's December 4, 2006 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling at less than 15 feet from the side yard line, at 910 New Suffolk Avenue, Mattituck; CTM 114-12-8. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:49 A.M. C. BARROWS HALL #6001 by Stephen L. Ham, Esq. Request for a Variance under Section 280-15, based on the Building Inspector's November 30, 2006 Notice of Disapproval concerning a proposed accessory garage in a yard other than the code-required rear yard. Location of Property: Private Road off East End Road near Block Island Sound, Fishers Island; CTM 7-6-8. Mr. Ham confirmed acceptance of a possible "electric only condition" and that an outside spigot would be allowed. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11 :00 A.M. Resolution for short recess: Motion was offered by Member Goehringer, seconded by Member Weisman, and duly carried, to take a short break. Vote of the Board: Ayes: All (5-0). Page 4 - Minutes Meeting held February 22,2007 Southold Town Zoning Board of Appeals . . 11 :20 A.M. Resolution: Motion was offered by Chairman Dinizio, seconded by Member Oliva, and duly carried to reconvene. Vote of the Board: Ayes: All (5-0). Agenda items continued, as follows: 11 :20 A.M. VICKI HAUPT #6000 by Nigel Williamson, Architect. Request for a Variance based on the Building Inspector's December 18, 2006 Notice of Disapproval concerning an application for a building permit. The grounds cited in the Disapproval are: The proposed construction is not permitted under Section 280-121. Except as provided hereinafter nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior to, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such building or use: A) shall not be enlarged, altered, extended, reconstructed or restored 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. The structure was erected in 1960 under a permit, and under current zoning regulations, the structure is nonconforming. (The applicant states that the structure is a seasonal, one-story structure with a bedroom and a bathroom, and is part of single-family dwelling two-section construction noted in the July 22, 1960 Certificate of Occupancy 2-792 and May 23, 1960 Building Permit No. 1090-2.) Location of Property: 2200 Central Drive, Mattituck; CTM 106-1-25. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Goehringer, to send a memo asking Building Plan Reviewer Pat Conklin to attend the next hearing for clarification of the Notice of Disapproval, and further to adjourn this hearing to Thursday, March 29, 2007 at 1 :00 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS, continued: Chairman Dinizio opened each hearing and read the Legal Notice for the record concerning each hearing: 12:05 P.M. CLAIRE JANNUZZI COPERSINO #6002 by David Jude Jannuzzi, Esq. Request for Variances under Sections 280-122 and 280- 124, based on the Building Inspector's November 15, 2006 amended Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which will increase the degree of nonconformance when located less than 10 feet on a single side yard, less than 35 feet on combined side yards. Also requested is lot coverage in excess of the code limitation of 20%. Location of Property: 580 L'Hommedieu Lane and Old Shipyard Road, Southold; CTM 64-2-53. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Olivia, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5 - Minutes Meeting held February 22, 2007 Southold Town Zoning Board of Appeals . . 12:15 P.M. ERNESTO ADRIANO #6006. Mr. Adriano and his builder, Erik Pearson presented their application. Request for a Variance under Section 280-124, based on the January 22, 2007 Building Inspector's Notice of Disapproval, and applicant's request to amend Building Permit #32026-z issued 5/23/2006, concerning the as-built location of a proposed dwelling at less than 75 feet from the rear yard lot line, at 2195 Edwards Lane, Orient; CTM 18-3-6.12. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Olivia, seconded by Member Goehringer, to adjourn the hearing to March 8, 2007. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:22 P.M. KATHLEEN BOWER #5981. (Carryover from 12/28/06 pending applicant's new stake locations for the shed). This application concerns a request for a Variance under Section 280-15, based on the Building Inspector's September 19, 2006 Notice of Disapproval regarding an as-built 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. Mr. and Mrs. Bower spoke in behalf of their application. The Board requested a professional diagram be submitted to confirm the setbacks of the amended stakes and location discussed during the December 28, 2006 hearing. Mr. and Mrs. Bower objected to furnishing a professional drawing due to the high cost for a new surveyor, that they did not wish to use the surveyor who prepared their diagram. The Board explained the procedure available as an alternative to request a professional diagram from an office of an architecture or engineer or other professional in this field without starting over with a new survey. Mr. and Mrs. Bower agreed and requested additional time, for the April 26, 2007 hearing instead of March 29, 2007 hearing. (For discussions, please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Goehringer, to adjourn the hearing to April 26, 2007 1:15 p.m., which hearing date was requested by the applicants to provide more time to submit a professional diagram. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:50 P.M. MICHAEL L1EGEY #5979. (Carryover from 12/28/06 pending applicant's update regarding possible scaling of building down and/or desire to submit amendments, concerning request for a Variance under Section 280-15, based on the Building Inspector's February 15, 2006 Notice of Disapproval, amended October 18, 2006 to build an accessory garage in an area other than the code-required rear yard, at 105 Town Creek Lane, Southold; CTM Parcel 64-1-9.1. The Chairman opened the hearing, no additional testimony was offered, except that the applicant contacted ZBA Secretary Linda Kowalski requesting more time, and adjourning the hearing to April 26, 2007 to prepare for the hearing and Page 6 - Minutes Meeting held February 22,2007 South old Town Zoning Board of Appeals . . possibly submit new diagrams. BOARD RESOLUTION: Motion was offered by Member Oliva, seconded by Member Weisman, to grant applicant's request for additional time, adjourning the hearing to April 26, 2007 10:45 a.m. Vote of the Board: Ayes: Mernber Oliva, Goehringer, Dinizio (Chairman), Simon and Weisman. This Resolution was duly adopted (5-0). . . . III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. The Chairman confirmed the scheduled Special Meeting for 6 P.M. Thursday, March 8,2007 to be held at the Town Annex Building, NFB 2nd Floor, Youngs Avenue, Southold, for the purpose of deliberations, decisions, resolutions, work session. B. The Chairman confirmed the scheduled Regular Meeting for 9 A.M. Thursday, March 29, 2007 at Town Meeting Hall, Southold. IV. DELIBERATIONS/DECISION (Carryovers from last meeting): The Board deliberated on the following applications: PHs concluded 1/25/07: A. DELIBERATIONS, continued from last meeting: East Marion Fire District #5972 - The Board continued deliberations regarding a proposal offered recommending the application be granted at 120 ft height. Resolution NOT adopted: Motion was made by Chairman Dinizio seconded by Member Goehringer, to grant the variance as applied for. Vote of the Board: Ayes: Dinizio and Goehringer. Nayes: Weisman, Simon and Oliva. This Resolution was NOT ADOPTED (2-3). The Board decided to continue deliberations at the March 8, 2007 Special Meeting for a vote on a possible alternative proposal. Member Simon offered to assist with drafting an alternative proposal. B. DELIBERATIONS/DECISION: 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. RESOLUTION ADOPTED: Motion was made by Member Goehringer, seconded by Member Oliva, to grant the variance as applied for: Vote of the Board: Ayes: Members Goehringer, Weisman and Oliva. Nayes: Members Dinizio and Simon. This Resolution was ADOPTED (3-2). The original determination was filed with the Southold Town Clerk and attached hereto as those fully written into this set of Minutes: . . . There being no other business properly coming before the Board at this time, Chairman . Page 7 - Minutes Meeting held February 22, 2007 Southold Town Zoning Board of Appeals . Dinizio declared the meeting adjourned. The meeting was adjourned at 1 :35 P.M. es Dinizio, Jr., Chair proved for Filing 3/ Respectfully submitted, , '~11~1dv~- Linda Kowalski 3/20/07 Secretary, Board of Appeals RECfZlVED oj~.' ~ ..~,.3'1p.~. ~fjOrL;ll Southcld Town~