Loading...
HomeMy WebLinkAboutZBA-03/29/2007 )>1. , Ie C Q ," ~."\ I APPEALS BOARD MEMBERS Ruth D. Oliva. Gerard P. Goehringer James Dinizio, Jr. Chairman 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 Mailin2 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 4- ~J 10: 03 Q.",_ MAY 1 2007 [1~ott.""Jj,,, Soutbold Town Cler. MINUTES ZBA REGULAR MEETING THURSDAY, MARCH 29, 2007 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, March 29, 2007 commencing at 9:20 a.m. Present were: James Dinizio, Jr., Chairman/Member Ruth D. Oliva, Member Gerard P. Goehringer, Member (present till 5:35 p.m.) Michael A. Simon, Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Administrative Secretary Kieran Corcoran, Assistant Town Attorney (present 9:30-11 :00; 1 p.m. to end) 9:20 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: Tvpe II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory use requests: William E. Lehmann and Alice Lehmann #5989 Gerald Lang #5998 Lynne Cardaci #6012 Stephen and Clara Wong #6014 Paul R. Cadmus #6016 Lee and Marie Beninati #6017 Nancy Boris #6007 Thomas Ryzuk #6009 Pericles Notias #6005 Joseph Gulmi and Susan Braver #5994 Vicki Haupt #6000 John and Patrice Keitt #6008 Robert Seeley #5912 Edward Fergus #5941 Mary Zupa #6010 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 2 - Minutes Meeting held March 29, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS: Chairman Dinizio opened each hearing and read the Legai Notice for the record concerning each application: 9:25 a.m. WILLIAM E. LEHMANN and ALICE LEHMANN #5989 (PH 1/25 Carryover for discussion regarding details of possible C & Rs): Charles R. Cuddy, Esq. This is an application requesting a Variance under Section 280-13A (1 00-31 A), based on the Building Inspector's July 28, 2006 Notice of Disapproval for the reason that the proposed garage is not a permitted use on this vacant property located at 725 Rabbit Lane, East Marion; CTM 31-17-17. (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). 9:35 a.m. GERALD LANG #5998 (Carryover PH from 2/22 for sign placement and request for extension of time by Richard Burden). This is an application requesting: (a) Reversal under Section 280-116-B, based on the Building Inspector's July 7, 2006 Notice of Disapprovai, 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: 3480 Ole Jule Lane, Mattituck; CTM 122-4-21. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:04 a.m. LYNNE CARDACI #6012. Request for a Variance under Section 280-124, based on the Building Inspector's January 9, 2007 Notice of Disapproval concerning 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. (Please see transcript of written statements prepared under separate coveL) 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). 10:12 a.m. STEPHEN and CLARA WONG #6014. Vicki Toth, Agent. Request for a Variance under Section 280-15, based on the Building Inspector'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. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Dinizio, 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 with ZBA reading of Legal Notice for each application (continued): Page 3 - Minutes Meeting held March 29, 2007 Southold Town Zoning Board of Appeals 10:21 a.m. PAUL R. CADMUS #6016. Frank Uellendahl, Architect. Request for a Variance under Section 280-124, based on the Building Inspector's January 26, 2007 Notice of Disapproval concerning an application for a building permit for a covered porch addition, less than 40 feet from the front lot line, at 7005 Main Road, East Marion; CTM 31-1-3. (Please see transcript of written statements prepared under separate coveL) 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 Resoiution was duly adopted (5-0). 10:28 a.m. LEE and MARIE BENINATI #6017. Request for Variances under Sections 280-15 and 280-38C-1, based on the Building Inspector'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. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Weisman, seconded by Member Goehringer, to adjourn the hearing to April 26, 2007 at 10:30 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11 :05 a.m. SHORT BREAK: Motion was offered by Member Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11 :15 a.m. RECONVENED: Motion was offered by Member Dinizio (Chairman), seconded by Member Oliva to reconvene the hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS with ZBA reading of Legal Notice for each application (continued): 11:15 a.m. NANCY BORIS #6007. Request for 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. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Dinizio, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duiy adopted (5-0). 11 :27 a.m. THOMAS RYZUK #6009. Aggie of Archnitechnologies. Request for a Variance under Section 280-124, based on the Building Inspector'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. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS with ZBA reading of Legal Notice for each application (continued): Page 4 - Minutes Meeting held March 29, 2007 Southold Town Zoning Board of Appeals 11 :38 a.m. PERICLES NOTIAS #6005. Bill Goggins, Esq. Request for a Variance under Section 100-30A.3 (280-18), based on the Building Inspector'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. (Piease see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded by Member Weisman, to close the hearing subject to receiving lot coverage and building permit information from Building Departments file. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:13 p.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 feet from the front lot line. Location: 250 Pine Tree Court, Cutchogue; CTM 98-1-7.11. (Piease see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Weisman, seconded by Member Oliva, to adjourn the hearing to April 26, 2007 at 11 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:30 p.m. RESOLUTION TO BREAK: 12:30 - 1 :00 p.m. Motion was made by Chairman Dinizio, seconded by Member Goehringer, and duly carried, to recess until 1 P.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1 :10 p.m. RESOLUTION TO RECONVENE: Motion was offered by Chairman Dinizio (Chairman), seconded by Member Oliva to reconvene the hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS with ZBA reading of Legal Notice for each application (continued): 1:10 p.m. VICKI HAUPT #6000 (Carryover PH from 2/22). P. Conklin and M. Verity, Building Dept. Nigel Williamson, Architect. This is an application requesting a Variance based on the Building Inspector's December 18, 2006 Notice of Disapproval concerning an application for a buiiding 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 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 Z-792 and May 23, 1960 Building Permit No. 1090-Z.) 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 Goehringer, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5 - Minutes Meeting held March 29, 2007 Southold Town Zoning Board of Appeals 11. PUBLIC HEARINGS with ZBA reading of Legal Notice for each application: 1 :45 p.m. JOHN and PATRICE KEITT #6008. D. Doty Esq. and T. Samuels, President. Request for Variances under Sections 280-15, 280-116B, and 280-124, based on the Building Inspector'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. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded by Member Weisman, to close the hearing reserving decision subject to receiving specs on pool and spa. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:30 p.m. ROBERT SEELEY #5912 (Carryover PH per applicant's request regarding PB clarification of filed covenants; amended plan submitted during 11/22/06 for 72.66 ft. top of bluff setback). Cathy Mesiano, agent and Eric Bressler, Esq. Request for 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 biuff adjacent to the Long Island Sound, at 1250 Sound Drive, Greenport; Rockcove Estates Lot 4; CTM 33-3-19.4. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Weisman, seconded by Member, Oliva to adjourn the hearing without a date until applicant returns with Planning Board determination. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:14 p.m. EDWARD FERGUS #5941 (Carryover PH). Bruce Anderson, Suffolk Environmental Consulting. This is an application requesting a Variance under Section 280-18 (100-30A.3) based on the Building Inspector's May 31, 2006 Notice of Disapproval concerning an application for a building permit 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. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: Having received testimony and with the applicant's agent agreeing to waive the extension of time after April 19, 2007, and having received a request by Mr. Bryce, civil engineer, expert testifying in behalf of the adjacent landowner (Lane), for an extension allowing submission of written testimony before April 19, 2007, the following action was taken: Motion was offered by Member Weisman, seconded by Member Goehringer, to close the hearing except that an extension of time is granted for written submission until April 19, 2007 by Mr. Boyce, Civil Engineer. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Chairman Dinizio confirmed the Board will reserve confirm the entire record closed after receiving the written submissions, at which time the Board will either commence deliberations on April 19, 2007, or to carry the deliberations to the following meeting. 4:52 p.m. MARY ZUPA #6010. Patrick Henry, Esq. 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 " Page 6 ~ Minutes Meeting held March 29, 2007 Southold Town Zoning Board of Appeals Road, Southold; CTM 81-1-16.7. (Please also see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, and it appearing that by ZBA Determination #5266 adopted August 2, 2004, this Board granted the applicant an area variance to construct a home as set forth therein, conditioned upon, among other things, that no building permit be issued until the nonconforming marina use is removed or a variance is granted to permit its continued use in conjunction with a residential use; and It further appearing that the applicant is agreeable to apply for such variance, Now, therefore, upon motion offered by Chairman Dinlzio, seconded by Member Weisman, this hearing is adjourned to April 26, 2007, so that the applicant can file an amended appeal to include the request for the variance described in ZBA Determination # 5266, which application shall specifically show the portions of the property affected by the marina use as well as the areas of the property that are affected by easements that the Paradise Point Association has over the subject property, as previously determined by the Courts. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Simon, and Weisman. (Member Goehringer was absent during this Resolution.). This Resolution was duly adopted (4-0). .. * III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION ADOPTED: Motion was offered by Chairman Dinizio, seconded by Member Oliva and duly carried to accept and authorize filing of Minutes prepared for Meetings of 2/22/07, 2/8/07 and 3/8/07 with the Town Clerk's Office. Vote of the Board: Ayes: Member Dlnizio (Chairman), Goehringer, Oliva, Simon and Weisman. This Resolution was duly adopted (4-0). B. Chairman Dinizio confirmed the scheduled Special Meeting for 6 P.M. Thursday, April 19,2007, to be held at the Town Annex Building, NFB 20d Floor, Youngs Avenue, South old, for the purpose of deliberations, decisions, resolutions, and work session. C. The Chairman confirmed the scheduled Regular Meeting for 9:30 A.M. Thursday April 26, 2007 at the Town Meeting Hall. * * * There being no other business properly coming before the Board at this time, Chairman Dinizio declared the meeting adjourned. The meeting was adjourned at 6:15 p.m. Respectfully submitted, dt41dd.--KE7A/~ v Lf~da Kowalski 4/9/07 - es Dinizio, Jr., Chair pproved for Filing 4/19 RECEIVED q...~J IO:034..fY\. MAY 1 2007 ~Otf''''/J." SculhilfJ Tow~ (ler'