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Home My WebLink AboutZBA-03/08/2007 . < APPEALS BOARD MEMBERS Ruth D. Oliva Gerard P Goehringer James Dinizio, Jr. ChairrTan 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 SPECIAL MEETING THURSDAY, MARCH 8, 2007 . Mailing Address: 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 R~CfP/~O 4 ~1 .Q?/1p.m. ~O~ SOUUH;;1,::l rC;',;> :"r..,,.\ ,..,.,., ( A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at Ihe South old Town Annex (NFB) Building, 54375 Main Road, Southoid, New York 11971-0959, on Thursday, March 8, 2007 commencing at 6:00 p.m. Present were: James Dinizio, Jr., Chairman, Member Ruth D. Oliva, Member Gerard P. Goehringer, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Assistant and Secretary 6:00 p.m. Chairman Dinizio called the meeting 10 order. The Board proceeded with the Agenda item, as follows: STATE ENVIRONMENTAL QUALITY REVIEW uodate was confirmed. Members Oliva and Weisman confirmed thev olanned to attend the March 12 2007 10 A.M. PB session to be held at the Town Meeting Hall, Main Town Building. 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 Southold Town Clerk: Approvals with Conditions: ZBA File 6002 - Claire Jannuzzi Copersino ZBA File 6001 - C. Barrows Hall ZBA File 5997 - Dorothy E. Lockridge Approvals as Applied: ZBA File 6006 - Ernesto Adriano ZBA File 5996 - George and Jeanne Braun ZBA File 5999 - Linda Commender and others ZBA File 6003 - Carole Donlin Denied & Grant Alternative Relief with Conditions Page 2 - Minutes . .Meeting held March 8, 2007 Southold Town Board of Appeals . ZBA File 5972 - East Marion Fire District RESOLUTIONS/OTHER ACTION: A. Motion was offered by Member Simon, seconded by Member Goehringer, and duly carried, to authorize advertisino of aooHcations in como/ete form for oubHc hearinos to be held on Thursdav, March 29, 2007, commencino at 9:20 AM. 9:40 AM. LYNNE CARDACI #6012. Request for a Variance under Section 280-124, based on the Building Inspecto~s January 9, 2007 Notice of Disapproval conceming an application for a building permit for a proposed addition to the existing dwelling at less than 40 feet from the front lot line, at 80 Jernick Lane (at Oaklawn Avenue), Southold; CTM 70-3-16. 9:50 A.M. STEPHEN and CLARA WONG #6014. Request for a Variance under Section 280-15, based on the Building Inspecto~s January 25, 2007 Notice of Disapproval concerning an application for a building permit to locate an accessory garage in a front yard rather than a rear yard. Location of Property: 1780 East Gillette Drive and (west) Gillette Drive, East Marion; CTM 38-3-23.1. 10:00 AM. PAUL R. CADMUS #6016. Request for a Variance under Section 280-124, based on the Building Inspecto~s January 26, 2007 Notice of Disapproval concerning an application for a building permit to build a covered porch addition at less than 40 feet from the front lot line, at 7005 Main Road, East Marion; CTM 31-1-3. 10:10 AM. LEE and MARIE BENINATI #6017. RequestlorVariances under Section 280-15 and 280-38C- 1, based on the Building Inspecto~s January 4, 2007 Notice of Disapproval, amended February 22, 2007 concerning an application for a building permit for an accessory garage with storage loft: (a) in a yard other than the required rear yard, (b) set back less than 25 feet from the property line, (c) height exceeding the code limitation of 22 feet to the top of the ridge, and (d) dormer exceeding 40% of the roof width. Location of Property: 3070 Peconic Lane and C.R. 48 (Middle Road or North Road), Peconic; CTM 74-3-15. 10:30 A.M. NANCY BORIS #6007. Requestlor a Variance under Section 280-124, based on the Building Inspector's October 24, 2006 Notice of Disapproval concerning an application for a building permit for an addition to the dwelling at less than 35 feet from the front yard lot line and with lot coverage exceeding the code limitation of 20%. Location: 335 Pierce Drive and private right-of-way, Cutchogue; CTM 136-1-8. 10:40 AM. THOMAS RYZUK #6009. Request for a Variance under Section 280-124, based on the Building Inspecto~s January 19, 2007 Notice of Disapproval concerning a proposed new dwelling, after demolition of the existing structure. The dwelling is proposed at less than 15 feet on a single side yard and less than a total of 35 feet combined side yard setbacks, at 790 North Sea Drive, Southold; CTM 54-5-14. 10:50 A.M. PERICLES NOTIAS #6005. Request for a Variance under Section 100-30A.3 (280-18), based on the Building Inspecto~s March 30, 2005 Notice of Disapproval concerning an as-built dwelling (ref. B.P. File Ref. 29700-Z) exceeding the code limitation of 2-1/2 stories at 675 Summit Drive, Mattituck: CTM 106-1- 47. 11 :00 A.M. JOSEPH GULMI and SUSAN BRAVER #5994. Request for a Variance under Zoning Code Section 280-105, based on the Building Inspector's December 11,2006 Notice of Disapproval, and request for relief from Condition under ZBA No. 5340 concerning the setback location of an as-built pool (ref. B.P. #91932-Z), at less than 30 feetlrom the front lot line. Location: 250 Pine Tree Court, Cutchogue; CTM 98-1- 7.11. 1 :25 P.M. JOHN and PATRICE KEITT #6008. Request for Variances under Sections 280-15, 280-116B, and 280-124, based on the Building Inspecto~s January 11, 2007 Notice of Disapproval concerning an application for a building permit for as-built shed, new porch construction after removal of a screen porch, and new addition to dwelling. The reasons stated in the disapproval are: (a) decking construction is shown with a zero setback from the bulkhead, (b) the as-built screened porch is less than 75 feet from the bulkhead; (c) the rear yard setback is proposed at less than 50 feet; (d) the as-built accessory shed does not meet the required 5 ft. minimum setback under ZBA No. 3229. (Note: Variance relief is not requested for the trellis structure.) Location of Property: 280 Basin Road, Southold: CTM 81-1-19. Page 3 - Minutes . ' Meeting held March 8, 2007 Southold Town Board of Appeals . 1 :50 P.M. ROBERT SEELEY #5912. Requestfor a Variance under Section 280-116 (100-239.4A based on the Building Inspector's April 12, 2006 Notice of Disapproval concerning a proposed accessory swimming pool structure in a location at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at 1250 Sound Drive, Greenport: Rockcove Estates Lot4; CTM 33-3-19.4. 2:05 P.M. EDWARD FERGUS #5941. Request for a Variance under Section 280-18 (100-30 A.3) based on the Building Inspector's May 31,2006 Notice of Disapproval concerning an application for a building penmit to build a single-family dwelling in a location less than the code-required 50 feet from the rear lot line, at 1854 North Bayview Road, Southold; CTM 70-12-39.3. 2:20 P.M. MARY ZUPA #6010. This is an Appeal for an Interpretation or other action, based on the Building Department's December 21,2006 return of a building permit application to construct a single-family dwelling at 580 Basin Road, Southold; CTM 81-1-16.7. Vote of the Board: Ayes: Members Dinizio (Chairman), Olivia, Goehringer, Simon and Weisman. This Resolution was duly adopted (5-0). RESOLUTIONS/OTHER ACTION, Continued: B. RESOLUTION ADOPTED: Motion was Offered by Member Weisman seconded by Member Oliva and duly carried to accept and authorize filing of Minutes prepared for Meetings of 1/11/07 and 1/25/07 with the Town Clerk's Office. Vote of the Board: Ayes: Member Dinizio (Chairman), Goehringer, Oliva, Simon and Weisman. This Resolution was duly adopted (5-0). C. NEXT SPECIAL MEETING - The Chairman and the Board Members agreed to cancel the April 12'h Special Meeting and to reschedule for Thursday April 19, 2007 at 6:00 p.m. at the Town Hall Annex Second Floor Conference Room (for deliberations/decisions/resolutions/work session). D. RESOLUTION ITEM D (added by Chairman and Member Goehringer Ref. ZBA # 5912 R. Seeley): Motion was Offered by Member Goehringer, seconded by Member Oliva, to send a written request to the Planning Board requesting clarification of the Planning Board Covenant of Rock Cove Subdivision, with regard to its Condition which states "no grading within 100 feet of the top of the bluff'. Vote of the Board: Ayes: Member Dinizio (Chairman), Oliva, Goehringer, Simon and Weisman. This Resoiution was duly adopted (5-0). WORK SESSION: Chairman Dinizio asked whether assigned members would be interested in following an order for the question-answer session during public hearings. The order would be for the Assigned Member to have the first opportunity to speak with reading of the Legal Notice and stating or basically going over the applicant's request (setback requests, lot coverage request, etc. from the file record), then questions for the applicant. After the Assigned Member speaks, the order will be to the left and continuing in that order. The Board agreed, starting with the March 29, 2007 Regular Meeting. An inquiry was made by the Board's Secretary, and it was confirmed that there was no change - that the Board's secretary will continue to speak without any particular order during the public hearings. Brief reviews of pending files and general discussions by Board Members followed. . ** Page 4 - Minutes . Meeting held March 8, 2007 'Southold Town Board of Appeals . There being no other business properly coming before the Board at this time, Chairman Dinizio declared the meeting adjourned. The meeting adjourned at 7:15 p.m. Respectfully submitted, (/jilad k/w tt-W-t . Linda Kowalski .f2-VJ07 ed by Refer2;J,/ed ZBA oZS (8) s inizio Jr., Chairm Approved for Filing 3/ 9/07 R'r"'~!'J!:'''' '~~..... ,...iJ' D/ 1f:L.~ Q:37p'flJ ,nn 1 l' ~Q.~ S'o~th{1j2d 1~Y((1 (~~rk