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Home My WebLink AboutZBA-04/19/2007 Special APPEALS BOARD MEMBERS James Dinizio, Jr., Chairman Gerard P. Goehringer Ruth D. Oliva 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, APRIL 19, 2007 Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY I 1971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED --l ~ l :1{1p-fn . .~f1 . Southold Town ~ A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the South old Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971-0959, on Thursday, April 19, 2007 commencing at 6:00 p.m. Present were: James Dinizio, Jr., Chairman, Member Ruth D. Oiiva, Member Gerard P. Goehringer, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Assistant and Secretary 6:07 p.m. Chairman Dinizio called the meeting to order. The Board proceeded with the Agenda item, as follows: STATE ENVIRONMENTAL QUALITY REVIEWS continued with updates. (No Action was taken). 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 6016 - Paul R. Cadmus ZBA File 5989 - William E. and Alice Lehmann Approvals as Applied: ZBA File 6007 - Nancy Boris ZBA File 6009 - Thomas Ryzuk ZBA File 6012 - Lynne Cardaci ZBA File 6014 - Stephen and Clara Wong ZBA File 6005 - Pericles Notias ZBA File 5998-A - Gerald Lang (deck) Page 2 - Minutes Meeting held April 19, 2007 Southold Town Board of Appeals Denials ZBA File 6000 - Vicki Haupt (without prejudice) ZBA File 5998-B - Gerald Lang (playhouse) RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Goehringer to close the written record with regard to Edward Fergus #5941. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon and Weisman. This Resolution was duly adopted (5-0). RESOLUTIONS/OTHER ACTION: A. Motion was offered by Member Goehringer, seconded by Member Oliva, and duly carried, to authorize advertisino of aoo/ications in como/ete form for oub/ic hearinos to be held on Thursdav. Aori/ 26. 2007. commencino at 9:20 a.m. 9:30 A.M. ALAN SANTOS #6011. Request for a Variance under Section 280-15-8, based on the Building Inspector's December 13, 2006 Notice of Disapproval concerning a proposed shed attached at the side of the dwelling, set back less than 20 feet from property line. Location of Property: 933 New Suffolk Road and private right-ot-way, Cutchogue; CTM 102-6-24. 9:35 A.M. MARTHA ROSENTHAL #6024. Request for a Variance under Section 280-124, based on applicant's request for a building permit and the Building Inspector's February 20, 2007 Notice of Disapproval concerning a proposed addition which will be less than 35 feet from the rear lot line, at Munnatawket Road (north of Fox Avenue), Fishers Island; County ParcellD NO.1 000-6-3-2. 9:40 A.M. JERRY and LINDA MATEJKA #6018. Request for a Variance under Section 280-15, based on the applicants' request to amend Building Permit No. 32557-Z, based on the Building Inspector's February 2,2007 Notice of Disapproval concerning the existing garage located in a yard other than the code-required rear yard. The new construction places the existing garage in a side yard, at 1300 Strohson Road, Cutchogue; CTM 103-10-27. 9:45 A.M. JOHN AND VIVIAN ANEMOYANIS #6019. Request for a Variance under Section 280-124. based on Building Permit #32427-2 and construction of the deck addition, a corner of which is less than 50 feet from the rear lot line at its closest point. at 2960 Lighthouse Road, Southold: CTM 50-4-2.2. 9:50 A.M. CELESTE SHEVLIN and PATRICIA BOOKE #6021. Request for a Variance under Section 280-124, based on the applicants' request for a building permit to construct additions and alterations to the existing dwelling, and the Building Inspector's Notice of Disapproval, amended March 8, 2007, stating the new construction will be less than 40 feet from the front lot line facing Wunneweta Road. Location of Property: 1020 Vanston Road, Cutchogue; CTM 104-12-11. 10:05 A.M. PAUL CACIOPPO #6020. Request for Variances based on the Building Inspector's March 6, 2007 amended Notice of Disapproval, stating: (1) under Section 280-15, the side yard setback shall not be less than five feet, for the existing accessory cottage, approximately 16 feet in height; (2) under Section 280-15B, the existing accessory garage will result in a side yard location instead of a code-required rear yard, after the proposed construction; (3) the proposed additions to a nonconforming accessory cottage use are not permitted under Sections 280-13C and 280-121A; no enlargement, alteration, extension, reconstruction, or restoration, or placement 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; (4) under Section 280-124, the proposed additions and alterations to the single-family dwelling are not permitted for the reason that the new construction will be less than 35 feet from the rear lot line and the lot coverage will exceed the code limitation of 20 percent building coverage. Location of Property: 735 Jackson Street, New Suffolk: CTM 117-9-6. 10:15 A.M. LINDA BERTANI #6022. Request for a Variance under Sections 280-122A and 280-124. based on applicant's January 22, 2007 application requesting a building permit to construct a porch addition and the Building Inspector's Notice of Disapproval stating that the new addition will constitute an increase in the degree of nonconformance under Zoning Code Interpretation #5039 (Walz) when constructed less than 40 feet from the front lot line at North Bayview Road. Location of Properly: 1380 Oakwood Drive, Southold: CTM 70-12-32. 10:30 A.M. LEiLA HADLEY LUCE #6015. Request for a Variance under Section 280-124, based on the Building Inspector's August 25, 2006 Notice of Disapproval, amended March 7, 2007 concerning proposed additions and alterations to an existing single-family dwelling at less than 35 feet from the westerly front yard lot line. Location of Property: West Side of Montauk Avenue and East Side of private right-of-way, Fishers Island; CTM 10-8-1.2. Page 3 - Minutes Meeting held April 19, 2007 Southold Town Board of Appeals 10:45 A.M. LENNY and RANDEE DADDONA #6023. Request for a Variance under Section 280-15, based on the applicant's request for a building permit to construct a swimming pool, and the Building Inspector's March 9, 2007 Notice of Disapproval for the reason it is proposed in a yard other than the code-required rear yard on this 34,538 sq. ft. lot with two front yards, at 1380 Calves Neck Road, Southold: CTM 63-7-25. 10:50 A.M. AMY and CHRISTOPHER ASTLEY #6004. Request for Variances under Sections 280-10, 280-15, 280-124, 280-116, based on the applicants' request for a building permit and the Building Inspector's December 26,2006 Notice of Disapproval, concerning: (1) a screened porch addition proposed at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, (2) proposed additions to the existing dwelling which will be less than 40 feet from the front property line, and (3) proposed swimming pool in a location other than the code-required rear yard and less than 40 feet from the front lot line. Location of Property: 460 Northview Drive, Orient; CTM 13-1-5.2. 11 :00 A.M. JOSEPH GULMI and SUSAN BRAVER #5994. Request for Variances under Section 280-105, based on the Building Inspector's December 11, 2006 Notice of Disapproval concerning an as-built fence exceeding the code limitation of four feet in height when located in or along a front yard area, and under former Section 100-33 (now 280-15) for relief from Condition under ZBA No. 5340 concerning the location of an as-built swimming pool (ref. B.P. #91932-Z), at less than 30 feet from the front lot line. Location of Property: 250 Pine Tree Court, Cutchogue; CTM 98-1-7.11. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon and Weisman. This Resolution was duly adopted (5-0). RESOLUTIONS/OTHER ACTION, Continued: B. RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Weisman and duly carried to accept and authorize filing of Minutes prepared for Meeting of 3/29/07 with the Town Clerk's Office. Vote of the Board: Ayes: Member Dinizio (Chairman), Goehringer, Oliva, Simon and Weisman. This Resolution was duiy adopted (5-0). C. RESOLUTION ADOPTED: Motion was offered by Member Goehringer, seconded by Member Oliva, to authorize scheduling April 26, 2007 public hearings and publication in the officiai newspaper. Vote of the Board: Ayes: Member Dinizio (Chairman), Goehringer, Oliva, Simon and Weisman. This Resolution was duly adopted (5-0). D. NEXT SPECIAL MEETING - The Chairman confirmed the next Special Meeting for Thursday May 10, 2007 at 6:00 p.m. at the Town Hall Annex Second Floor Conference Room (for del iberations/decisions/resolutions/work session). E. RESOLUTION (Ref. ZBA # 5979 Liegy): Motion was offered by Member Oliva, seconded by Member Weisman, to cancel the 4/26/07 Public Hearing and grant applicant a 6 month extension as requested in letter dated 4/19/07. Vote of the Board: Ayes: Member Dinizio (Chairman), Oliva, Goehringer, Simon and Weisman. This Resolution was duly adopted (5-0). F. Training Session dates for Board Members as required by New York State were discussed, with possible dates offered by Member Goehringer. Member Goehringer confirmed that Saturday, May 12'h was a good possibility, starting at 9 a.m. Member Goehringer aiso asked the Board Members to provide an idea of the questions that would be asked regarding surveys and site information for mapping, and other questions of the surveyor-speaker. WORK SESSION: A. Monthly Reports (RO, LW, MS, GG) 1. Litigation Updates - Member Oliva offered updates: Zupa v. ZBA; House of Daige v. ZBA; Aliano v. ZBA. 2. Town Board Committee Monthly Reviews Update Page 4 - Minutes Meeting held April 1 g, 2007 Southold Town Board of Appeals Planning & Zoning Session - Monday, April 23, 2007 2:30 p.m. Chairman Dinizio and Member Oliva confirmed their plan to attend. Member Weisman asked the Chairman if there was any objection if Mrs. Kowalski also attended, and there were no objections. Code Committee Session - (to follow next month). LWRP Council Session - (to follow next month). Enforcement Code Review Session - (to follow next month). 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, Chairman Dinizio declared the meeting adjourned. The meeting adjourned at 8:00 p.m. Respectfully submitted, ?t-dd_Jf!lWttLd6L - l{~' Kowaiski es Dinizio Jr., Chairman rA.pproved for Filing 4/26/07 RECEIVEQ \' Iq Q.-~6 ...., ~.m. ~~ Southold Town Clerk ; Filed ZBA Decisions (9)