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Home My WebLink AboutZBA-08/19/2004 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 BOARD OF APPEALS TOWN OF SOUTHOLD R~~~D " -+ ~ '.'Olf'n-a. ~~On..;/n' Southold Town ~ MINUTES REGULAR MEETING THURSDAY, AUGUST 19, 2004 A Re9ular Meeting of the SOUTH OLD TOWN BOARD OF APPEALS was held at the Southold Town Hall. 53095 Main Road. Southold. New York 11971-0959. on Thursday, August 19, 2004 commencing at 9:15 a.m. Present were: Ruth D. Oliva, Chairwoman/Member Lydia A, Tortora, Member (9:25 - end) Vincent Orlando, Member James Dinizio, Member Pat Finnegan, Town Attorney (9 - 10:30 a.m.) Linda Kowalski, ZBA Confidential Secretary Absent was: Gerard P. Goehringer, Member 9:15 a.m. Chairwoman Oliva called the meeting to order. . . . AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: SEQRA RESOLUTION declaring Type II Actions for the following applications without further SEQRA steps for the following projects as applied: KEVIN and SUSAN FERRELL #5538. GEORGE L. PENNY V #5573. JANET LARSEN and CAROL WITSCHIEBEIN #5569. JEFFREY S. SMITH #5566. EDWARD L. KAVANAGH #5574. LAWRENCE and JOAN ANDERER #5570. FITNESS ADVANTAGE #5582. WHITNEY B. ARMSTRONG #5577. FISHERS ISLAND CLUB, INC. #5533. ISLAND HEALTH PROJECT, INC./FIDCO #5578. ELIZABETH TWOMEY #5579. CLEAVES POINT CONSTRUCTION CORP. #5576. RONNIE and JANICE SOFFER #5563. JAMES and SARA GARRETSON #5571. DOMENICO RACANELLI #4452. Vote of the Board: Ayes: Chairwoman Oliva, Orlando and Dinizio. Members Tortora and Goehringer were absent. This Resolution was duly adopted (3-0). . . . Page 2 - Minutes Meeting held August 19, 2004 Southold Town Board of Appeals DELIBERATIONS/DECISION. The Board deliberated on the following application. Following deliberations, the Board rendered its determination, with the original decision filed with the Southold Town Clerk for permanent recordkeeping: APPROVED AS APPLIED: R. Leighton #5561 (attached). PUBLIC HEARINGS: The following public hearings were held. Please see verbatim transcript of public hearings for statements offered during the hearings: 9:16 a.m. KEVIN and SUSAN FERRELL #5538. C. Mesiano. Request for a Variance under Section 100- 239.4A based on the Building Departmenfs April 19, 2004 Notice of Disapproval, amended May 18, 2004. Applicants propose a deck addition and above-ground pool at less than 100 feet from the top of the Sound bluff, at 130 L10yds Lane, Mallituck; CTM 99-3-4.6. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to adjourn to 10/21/04 between 9:30 and 11 :30 a.m. The Resolution was duly adopted (4-0). 9:50 a.m. GEORGE L. PENNY V #5573. Request for a Variance under Section 100-142, based on the Building Departmenfs June 30, 2004 Notice of Disapproval, for the reason that the proposed addition to the existing dwelling will be less than 70 feet from the rear property line. Zone District: Light Industrial. Location: 180 Kerwin Boulevard, Greenport; CTM 53-2-23. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 9:52 a.m. JANET LARSEN and CAROL WITSCHIEBEIN #5569. Christine Rivera. Request for Variances under Sections 100-242A and 100-244, based on the Building Department's June 30, 2004 Notice of Disapproval, for the reason that the proposed additions will be less than 15 feet on a single side yard, at 1000 Sound Beach Drive, Mattituck; CTM 99-1-5. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to adjoum to 9/14/04 at 11:15 a.m. . The Resolution was duly adopted (4-0). 10:12 a.m. JEFFREY S. SMITH #5566. Michael Hand, Agent. Request for a Variance under Sections and 100-244, based on the Building Departmenfs June 15, 2004 Notice of Disapproval, for the reason that the lot coverage with the proposed addition will exceed the code limitation of 20 percent. Location of Property: 955 Pequash Avenue, Cutchogue; CTM 103-7-22. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Dinizio, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 10:21 a.m. EDWARD L. KAVANAGH #5574. J. Butler, P.E. Request for a Variance under Sections 100- 242A and 100-244, based on the Building Department's June 17, 2004 Notice of Disapproval, for the reason that the dwelling addition to the existing nonconforming garage will be less than 35 feet from the front yard line. Location of Property: 11255 Sound Avenue, Mallituck; CTM 141-3-6.3. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). RESOLUTION TO RECESS: Motion was offered by Chairwoman Oliva, seconded by Member Tortora, and duly carried, to recess for approximately 10 minutes. Vote of the Board: Ayes: All (4-0). A break was taken from 10:35 -10:55 a.m. RESOLUTION TO RECONVENE: Motion was offered by Chairwoman Oliva, seconded by Member Tortora, and duly carried, to reconvene. The meeting reconvened at 10:55 a.m. and Chairwoman Oliva proceeded with the following: Page 3 - Minutes Meeting held August 19, 2004 Southold Town Board of Appeals PUBLIC HEARINGS. continued: The following public hearings were held. Please see verbatim transcript of pUblic hearings for statements offered during the hearings: 10:55 a.m. LAWRENCE AND JOAN ANDERER #5570. Request for a Variance under Sections 100-242A and 100-244, based on the Building Departmenfs June 2, 2004 Notice of Disapproval, for the reason that the additions/alterations will be less than 10 feet on a single side yard, and less than 25 feet for both side yards. Location of Properly: 950 Strohson Road, Cutchogue; CTM 102-10-24. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 11:08 a.m. FITNESS ADVANTAGE #5582 (Owners: W. & E. Hufe). P. Moore, Esq. Request for a Special Exception under Section 100-101B, based on the Building Departmenfs July 19, 2004 Notice of Disapproval, for conversion of the existing commercial building to a recreationallfitness facility. Location of Properly: 3750 Youngs Avenue, Southold; CTM 55-2-16. Zone District: B Business. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 11 :26 a.m. WHITNEY B. ARMSTRONG #5577. R. Lark, Esq. Request for a Variance under Section 100- 239.4A.l, based on the Building Departmenfs March 19, 2004 Notice of Disapproval, amended May 14, 2004, for the reason that the proposed dwelling will be less than 100 feet from the top of the bluff or bank adjacent to the Sound. Location of Properly: North Side of Clay Point Road, Fishers ISland; CTM 2-1-11.3. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 11 :30 a.m. FISHERS ISLAND CLUB. INC. #5533. S. Ham, Esq. Request for a Special Exception under Section 100-31B(7) for construction of tennis pavilion buildings, which includes a pro shop with office, bathroom, screened porch area, for private use by the club membership. Location of Properly: South Side of East End Road, Fishers Island; CTM 4-6-9. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 11 :36 a.m. ISLAND HEALTH PROJECT. INC.. FIDCO #5578. S. Ham, Esq. Request for a Variance under Section 100-31C(2), based on the Building Inspecto~s March 16, 2004 Notice of Disapproval, amended April 8, 2004 for the following reasons: (1) the proposed dwelling appears to be designed as a "health clinic" as opposed to a docto~s home professional occupation/office, and (2) the proposed accessory use as a doctor's office measures 1650 sq. ft. in total size, encompassing more than 50 percent of the total building, and in excess of the code limitation of 500 sq. ft. of floor area. Location of Properly: North Side of Central Avenue, Fishers Island; CTM 6-6-20.7. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Dinizio, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 11 :43 a.m. ELIZABETH TWOMEY #5579. George Weiser, Manager. Request for a Variance under Section 100-242A and 100-244, based on the Building Department's July 19, 2004 Notice of Disapproval, stating that the "as built" deck does not meet ZBA Condition No. 4502 rendered 8/28/97, for a size 8' x 12' when located less than 35 feet from the front properly line. The "as built" deck is an increase in degree of nonconformance (ref. length). Location of Properly: 135 Calebs Way, Greenport; CTM 40.1-1-60. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 11 :48 a.m. CLEAVES POINT CONSTRUCTION CORP. #5576. P. Moore, Esq. Request for a Variance under Section 100-244B, based on the Building Departmenfs May 7, 2004 Notice of Disapproval, amended June 18, 2004, stating that the proposed dwelling will be less than 35 feet from the rear yard line, at 2045 Gillette Drive, East Marion; CTM 38-3-13. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). Page 4 - Minutes Meeting held August 19, 2004 Southold Town Board of Appeals III. PUBLIC HEARINGS. continued: The following public hearings were held. Please see verbatim transcript of public hearings for statements offered during the hearings: 12:12 p.m. RONNIE and JANICE SOFFER #5563. Request for a Special Exception under Article III, Section 100-30A.2B and 100-31B, sub-sections 14a-d of the Southold Town Zoning Code for an Accessory Bed and Breakfast, accessory to the owner's occupancy in this single-family dwelling, for lodging and serving of breakfast to not more than six (6) casual and transient roomers, clearly incidental and subordinate to the principal use of the owner's residence at 25100 Main Road, Orient; CTM 18-6-6. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 12:18 p.m. JAMES AND SARA GARRETSON #5571. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's June 28, 2004 Notice of Disapproval, amended July 20, 2004, citing the lot coverage limitations of 20% of the code and 24+- percent as exists.. The applicant proposes a porch addition which will increase the existing nonconforming lot coverage, at 1620 Village Lane, Orient; CTM 24-2-16. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). 12:23 p.m. DOMENICO RACANELLI #4452. P. Moore, Esq. (Continued from 6/22 PH for submission to ZBA of surveyor's lot coverage calculations). Request for a Variance under Section 100-244, based on the Building Department's May 4, 2004 Notice of Disapproval concerning a proposed dwelling with attached garage at less than 35 ft. from the front and rear lot lines, and less than 10 feet on a single side yard, and with lot coverage in excess of the code limitation of 20% for all building area. Location: 3300 Manhasset Avenue, Greenport; CTM 43-4-19. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). . . . DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. Following deliberations, the Board rendered determinations, with the following two original decisions also filed with the Southold Town Clerk for permanent recordkeeping: Reversal of Buildina Insoector's Determination. Interoretation EDWARD L. KAVANAGH # 5574 Aooroved as Aoolied GEORGE L. PENNY V # 5573 OTHER UPDATES: Chairwoman Oliva confirmed its next scheduled Special Meeting to be held 6:00 PM on 9/2/04. Brief reviews of pending files and general discussions 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 1 :00 p.m. Respectfully submitted, ;/uld/7KM~ ~ C(;~~ISki .J Ruth D. Oliva, Chairwoman - Approved for Filing RE~l~D q.. ~ l.01p{Y). ~~ . Southold Town ~