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Home My WebLink AboutZBA-06/14/2007 '. APPRALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. 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, JUNE 14, 2007 Mailin&r 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 A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Annex (NFB) Building, 54375 Main Road (corner of Youngs Avenue), Southold, New York 11971-0959, on Thursday, June 14, 2007 commencing at 6:00 p.m. Present were: James Dinizio, Jr., Chairman, Member Ruth D. Oliva, Member Gerard P. Goehringer, Member (arr: 6:08 p.m.) Michael A. Simon, Member Linda Kowalski, ZBA Assistant and Secretary Absent was: Leslie Kanes Weisman, Member. 6:00 p.m. Chairman Dinizio called the meeting to order. The Board proceeded with the Agenda, as follows: STATE ENVIRONMENTAL QUALITY REVIEW: Updated reviews continued. (No action was taken at this time.) 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: Aoorovals with Conditions: ZBA File 6039 - David R. Berezny Jr. ZBA File 6030 - Peconic Recycle and Transfer Corp. (and Commerce East One, LLC by John M. Divello) ZBA File 6037 - Linda Sanford ZBA File 6004 - Amy and Christopher Astley Aoorovals as Aoolied: ZBA File 6036 - Susan Emanuele ZBA File 6032 - Cheryl and Erik Hansen ZBA File 6031 - Thomas Byrne and Veronica Kaliski ZBA File 6034 - Scott Kruk ZBA File 6035 - Thomas and Mildred Toivonen ZBA File 6028 - Leo Alessi < Page 2 - Minutes Meeting held June 14, 2007 ... Southold Town Zoning Board of Appeals RESOLUTION ADOPTED: A. Motion was offered by Member Oliva, seconded by Member Goehringer, and duly carried, to authorize advertisina of aooHcations in como/ete form for oubHe hearinas to be held on Thursdav. June 28. 2007. commeneina at 9:30 AM. 9:30 a.m. MARK MELNICK #6050. Request for Reversal of Building Department determination which states that the "as built alteration to dwelling includes demolition and reconstruction of the existing foundation deviated from ZBA decision #5977." ZBA #5955 granted applicant's prior request concerning setbacks related to the proposed increase of ceiling height from 18' to 32' and change from the existing height of 1.5 stories to two stories under Zoning Code Sections 280-116 and 280-124. Also requested if a reversal is not granted, is a variance amendment for reconstruction of the dwelling with setbacks at less than 75 teet from the bulkhead, less than 35 ft. front yard setback, and less than 35 ft. rear yard setback (ref. Building Inspector's August 25, 2006 Notice of Disapproval, amended September 28, 2006). Location: 405 Private Road #3 (a/kla Pine Creek Road), Southold; CTM 70-6-15. 9:40 a.m. JOHN MAZUR, JR. and ALICE MAZUR #6044. Request for a Variance based on the Building Inspector's May 7, 2007 Notice of Disapproval, based on the ZBA #5909 issued August 17, 2006, based on Building Inspector's April 3, 2006 Notice of Disapproval citing Sections 280-122A and 280-124), for approval of the location of the new foundation at less than 35 feet from the front yard line and less than 35 feet from the rear yard line, after demolition of the foundation of the existing dwelling and related construction. Location of Property: 3200 Camp Mineola Road, Mattituck; CTM 123-5-36.2. 9:55 a.m. BREWERS YACHT YARD #6051. Request for a Variance under Section 280-116, based on the Building Inspector's May 7, 2007 Notice of Disapproval concerning a proposed accessory (pavilion) building at less than 75 feet to the bulkhead, at 500 Beach Road, Greenport; CTM 43-3-2. 10:10 a.m. PAUL and CHERYL RAGUSA #6048. Request for a Variance under Section 280-116A, based on the Building Inspector's May 20, 2007 Notice of Disapproval concerning a proposed additions and alterations to the existing dwelling at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at 1600 Hyatt Road, Southold; CTM 50-1-6. 10:25 a.m. ADRIENNE LANDAU (EDWARD FAGIN) #6033. Request for Variances under Sections 280- 116 (formerly #100-239.4A-1), based on the Building Inspector's January 4, 2006 Notice of Disapproval, amended April 4, 2007, concerning proposed new dwelling construction, after substantial demolition of existing dwelling, with setbacks less than 100 feet of the top of the biuff adjacent to the Long Island Sound, at 855 Soundview Avenue, Mattituck; CTM 94-1-7. 11 :35 a.m. JEFFREY AND CAROL OAK #6046. Request for a Variance under Section 280-124, based on the Building Inspector's April 25, 2007 Notice of Disapproval, amended May 7, 2007 concerning proposed additions and alterations to the existing dwelling at less than 35 feet from the front lot line, at 375 Grove Drive, Reydon Shores Lots 20 and 21 (combined as one lot), Southold; CTM 80-4-10.1. 11:45 a.m. FRANK R. LYON and NATALIE DU PONT LYON #6042. Request for a Variance under Sections 280-14 and 280-122, based on ZBA Interpretation #5039 (Walz Application), and based on the Building Inspector's April 24, 2007 Notice of Disapproval concerning a proposed additions and alterations to a (nonconforming) third-story bedroom in an existing single-family dwelling, which will constitute an increase in the degree of non-conformance (third floor/third story), at 8 Shingle Hill Drive, Fishers Island; CTM 9-1-15. 1:05 p.m. VALERIE and FOSTER REEVE #6041. Request for a Variance under Section 280-105, based on the Building Inspector's October 6, 2006 Notice of Disapproval concerning the height of a proposed fence exceeding the code limitation of four feet when located in the front yard, at 76375 Main Road (alkla Front Street), Greenport; CTM 48-1-2. . Page 3 - Minutes Meeting held June 14, 2007 ~ Southold Town Zoning Board of Appeals RESOLUTION, to advertise June 28, 2007 hearings, continued: 1:10 p.m. AMY GROSS #6045. Request for Variances under Sections 280-15F and 280-116A, based on the Building Inspecto~s April 16, 2007 Notice of Disapproval concerning an application for a building permit concerning proposed addition to a single-family dwelling, pergola and swimming pool. The reasons for disapproving the building permit application are that the addition to the existing dwelling will be less than 100 feet from the top of the bluff or bank adjacent to the Long Island Sound: (2) the proposed addition places the existing accessory garage partly in a side yard; and (3) that the proposed swimming pool construction and pergola will be less than the code-required 50 feet from the front lot line when located in a front yard. Location: 740 Northview Drive, Orient; CTM 13-1-4. 1:30 p.m. JOSEPH IAVARONE #6047. Request for Variances under Sections 280-122A, 280-124, 280- 116,280-15, based on the Building Inspecto~s September 7,2007 Notice of Disapproval, amended May 1, 2007, concerning proposed additions and alterations to a nonconforming dwelling and to construct a new accessory garage. The new additions to the dwelling will create a new nonconformity or be an increase in the degree of nonconformity when located less than 15 feet on a single side yard and less than 75 feet to the bulkhead. A new accessory building (garage) is proposed to be located less than 15 feet from the side line. Location of Property: 450 Wood Lane (Richmond Creek), Peconic; CTM 86-6-4. 1:55 p.m. STEVE SACHMAN #6040. Request for Variances under Section 280-15, based on an for a building permit and the Building Inspecto~s April 9, 2007 Notice of Disapproval for an accessory garage proposed: (1) at less than 15 feet from the side lot line, (2) at a size exceeding the code limitation of 750 square feet, and (3) with dormers exceeding the code limitation of 40% of the roof width. Location: 4705 Nassau Point Road, Cutchogue; CTM 111-9-9. 2:10 p.m. BRIAN RETUS #6049. Request for Variances under Sections 280-116A(1) and 280-124, based on the Building Inspecto~s May 14, 2007 Notice of Disapproval concerning: (1) proposed additions with alterations to the existing dwelling proposed at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, (2) addition at less than 15 feet on a single side yard, and (3) deck existing at less than the 40 feet from the top of the bluff, required minimum under ZBA #3613. Location: 235 Soundview Road, Orient; CTM 15-3-4. 2:40 p.m. NEW CINGULAR WIRELESS PCS (and EAST MARION FIRE DISTRICT) #5826. Request for a Special Exception under Sections 280-69 and 280-70, concerning installation of a proposed public utility wireless telecommunications facility at the premises by affixing wireless telecommunications antennas within an approved pole to be built, and to install related equipment as required, at 9245 Route 25, East Marion; CTM 31-3-11.31. Vote of the Board: Ayes: Members Dinizio (Chairman), Olivia, Goehringer, Simon. Member Weisman was absent. This Resolution was duly adopted (4-0). Discussion regarding time period for Regular Meeting on June 28, 2007: The Chairman asked if Board Members would be available until 5 p.m., or earlier if all business items on the agenda may be completed before the meeting ends. There was no objection to the Chairman's request. WORK SESSION A. Monthly Reports - Litigation matters were updated by Member Oliva Re: Blocker (Zang) v. ZBA Court Decision which upheld the ZBA's decision. B. OtherllDiscussion Items or Updates: 1. Chairman (JD) Items Re: Procedures for using Enforcement Departments Complaint of pink color. Copies of the new form were distributed to all members. Chairman Dinizio explained that anyone can fill these out and remain anonymous, except that person filling out the complaint form should submit them . Page 4 - Minutes Meeting held June 14, 2007 , Southold Town Zoning Board of Appeals directly to the Enforcement Department by mail, fax or in person, rather than through another town department. 2, Other Updates (GG): June 9th Training Session was updated by Member Goehringer. Training Certificates will be issued by the Town Clerks Office. 3. Notices of Meetings/Committee Sessions (received as of today and attached for Members). 4. Board Members briefly discussed the different procedures which affect the increased number of projects involving demolitions when major repairs were planned by the applicant and architect for non- conforming buildings. 5. Brief reviews of pending files and general discussions by Board Members followed. No action was taken. .. . There being no other business properly coming before the Board at this time, Chairman Dinizio declared the meeting adjourned. The meeting adjourned at 6:55 p.m. Respectfully submitted, ~~~cJiw'~ ' 6'rC~owalski 6/25/07 Included :e,eO':. O~cia~ Filed ZBA Decisions (10) J mes Dinizio Jr., Chairma pproved for Filing 6/ /2007 Ol&' RE.~I~D .,. ~ 2:2D(-"". JUl - 5 'I!XJI ~;tl71.-..~~ $OU~own~