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Home My WebLink AboutZBA-05/31/2007 APPEALS 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 Mailin!! Address: Southold Town Hall 53095 Main Road' P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Roor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 MINUTES REGULAR MEETING THURSDAY, MAY 31,2007 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, May 31, 2007 commencing at 9:30 AM. Present were: James Dinizio, Chairman/Member Ruth D. Oliva, Member Gerard P. Goehringer, Member (9:34 a.m. to end) Michael A Simon, Member Leslie Kanes Weisman, Member Kieran Corcoran, Assistant Town Attorney (10:03 a.m. to end) Linda Kowalski, ZBA Confidential Secretary 9:32 AM. 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 Weisman, to declare the following Declarations: Tvoe II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: DR. LAWRENCE KELLY #6026 PECONIC RECYCLING AND TRANSFER CORP. (and COMMERCE EAST ONE, LLC by JOHN M. DIVELLO) #6030 ROGER P. and CONSTANCE A SMITH #6025 CHERYL and ERIK HANSEN #6032 SUSAN EMANUELE #6036 DAVID R. BEREZNY JR. #6039 THOMAS BYRNE and VERONICA KALISKI #6031 SCOTT KRUK #6034 THOMAS and MILDRED TOIVONEN #6035 LEO ALESSI #6028 AMY and CHRISTOPHER ASTLEY #6004 Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Page 2 - Minutes Meeting held May 31, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS: Chairman Dinizio opened each hearing. Each hearing was introduced after a reading of the Legal Notice concerning each application: 9:30 a.m. DR. LAWRENCE KELLY #6026. Gail Wickham. Request for a Variance under Code Section 280-86, based on the Building Inspector's January 2, 2007 Notice of Disapproval concerning a proposed ground identification sign which will be larger than two square feet in area, at 26270 Main Road, Cutchogue; CTM 109-3-3. (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 to 1 :00 p.m. 5/31/07 (today). Vote of the Board: Ayes: All. This Resolution was duiy adopted (5-0). 9:39 a.m. PECONIC RECYCLING AND TRANSFER CORP. (and COMMERCE EAST ONE, LLC by JOHN M. DIVELLO) #6030. Gail Wickham, Esq.; Jonathan DiVello; Vito (Rocky) DiVello; Anthony DiVello; opposition: John Goodwin Request for Area Variances under Sections 280-59, 280-60A and C, and Bulk Schedule, based on the Building Inspector's amended May 15, 2007 Notice of Disapproval concerning proposed building and fence construction. The Building Inspector states that the new construction will be: (1) less than the code- required minimum 75 feet from the rear property line, (2) less than the required minimum 100 feet from the front lot line adjacent to a right-of-way, "(3) !lr-eater tRBR tRe saae IimitatiaR of 09 IiRsar fllat of fraRta!ls ('IIiaIR), (3) lot coverage in excess of code limitation of 20 percent of the total lot size, and (4) fence height exceeding code maximum limitation of 6% feet. Location of Property: Commerce Drive and Right-of-Way, Cutchogue; CTM 95-2-5. "Transfer station is exempt from linear frontage code limitation. (Please see transcript of written statements prepared under separate cover.) 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). 10:05 a.m. ROGER P. SMITH and CONSTANCE A. SMITH #6025. Request for Variances: (1) based on the Building Inspector's January 22, 2007 Notice of Disapproval citing former Code Section 280-15, and (2) based on the current Code Section 280-15 concerning the proposed accessory garage construction which will exceed the code limitation of 40% for dormers. The Notice of Disapproval cites the former Code provisions concerning setback and height requirements (citing 10 ft. as a minimum setback and 18 ft. as a maximum mean height). Current Section 280-15 as amended by Local Law states that accessory buildings shall not exceed 22 feet to the highest point of the ridge, and that setbacks shall be not less than 20 feet (when located in a rear yard). In addition, a Variance is requested to locate an accessory pergola in a side yard (rather than the code-required 20 ft. setback when located in a rear yard). Location of Property: 60015 Main Road, Southold; CTM 56-3-10. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Weisman, to close adjourn the hearing to 10:30 a.m. June 28, 2007. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3 - Minutes Meeting held May 31, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS with reading of Legal Notice for each hearing (continued): 11 :35 a.m. SHORT BREAK: Motion was offered by Member Goehringer, seconded by Member Weisman, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11 :48 a.m. RECONVENED: Motion was offered by Member Oliva, seconded by Member Weisman, to reconvene the hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11 :48 a.m. CHERYL and ERIK HANSEN #6032. Request for a Variance under Section 280-116B, based on the Building Inspector's November 21,2006 Notice of Disapproval and applicants' request for a building permit, concerning proposed reconstruction and relocation of an existing sun room at less than 75 feet from the easterly bulkhead, at 445 Elizabeth Lane, Southold; CTM 78-5-3. LWRP letter received 5/30 - exemption recommended. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11 :58 a.m. SUSAN EMANUELE #6036. P. Moore, Esq. Request for a Variance under Section 280-124, based on the Building Inspector's January 30, 2007 Notice of Disapproval concerning an application for a building permit to construct additions and alterations to the existing dwelling, for the reason that the new construction will be less than the code-required minimum of 15 feet on a single side yard, at 1585 Breakwater Road, Mattituck; CTM 106-8-20.4. (Please see transcript of written statements prepared under separate cover.) 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). 12:05 p.m. DAVID R. BEREZNY JR. #6039. Request for a Variance from Section 280-124, based on the Building Inspector's May 2, 2007 Notice of Disapproval concerning an application for a building permit to construct a swimming pool with a lot coverage in excess of the code limitation of 20% of this 14,888 square ft. lot. Location of Property: 680 Westview Drive, Mattituck; CTM 139-1-15. (Please see transcript of written statements prepared under separate cover.) 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). 12:12 p.m. THOMAS BYRNE and VERONICA KALISKI #6031. Request for Variances under Sections 280-116B and 280-124, based on the Building Inspector's February 20, 2007 Notice of Disapproval concerning an application for a building permit to construct as-built and new additions/alterations to the existing single-family dwelling, which are less than 35 feet from the front lot line, less than 75 feet from the bulkhead, and less than 10 feet on a single side yard. Location of Property: 2345 Bayview Avenue (corner), Southold; CTM 52-5-1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). '. Page 4 - Minutes Meeting held May 31, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS with reading of Legal Notice for each hearing (continued): 12:25 p.m. SCOTT KRUK #6034. Nancy Dwyer. Request for Variances under Sections 280-15, based on an application for a building permit, and the Building Inspector's April 19, 2007 and February 21, 2007 Notices of Disapproval, concerning proposed accessory swimming pool and accessory garage locations in a yard other than the code-required rear yard, at 40135 County Road 48 (a1k/a Middle Road or North Road), Southold; CTM 59-9-30.5. (Please see transcript of written statements prepared under separate cover.) 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). 12:30 p.m. THOMAS and MILDRED TOIVONEN #6035. Request for a Variance under Section 280-15, based on the Building Inspector's March 21, 2007 Notice of Disapproval concerning an application for a building permit to construct an accessory hot tub/gazebo structure in a yard other than a code-required rear yard, and proposing it in the front yard adjacent to Cedar Lane. Location of Property: 1065 East Gillette Drive, East Marion; CTM 38-4-18. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:40 p.m. LEO ALESSI #6028. Will Lohn, SEC. Request for a Variance under Section 280-15C, based on the Building Inspector's February 20, 2007 Notice of Disapproval concerning a proposed swimming pool and related equipment in a front yard with a setback at less than the code-required 50 feet from the front property line on this 53,244 sq. ft. parcel, at 1700 Cedar Point Drive East, South old, CTM 92-1-3. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:45 p.m. LINDA SANFORD #6037. Linda Bertani and Charles Napley, Architect. Request for a Variance under Section 280-14 concerning a request to amend Building Permit No. 32082-z concerning a new dwelling, under construction, with conversion of the third-floor attic area to a finished floor area, determined to be a third story under the Building Inspector's April 2, 2007 Notice of Disapproval. Location of Property: 780 Private Road #17 (Paradise Point Road and North Bayview Road), Southold; CTM 81-3-27.1. (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). " Page 5 - Minutes Meeting held May 31, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS with reading of Legal Notice for each hearing (continued): 12:55 p.m. AMY and CHRISTOPHER ASTLEY #6004 (continued for amendments). 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 aAll (3) IlrGllesea 6wimminlllleel in a leGalien etRer tRan IRe eeae re~<lirea Fear yara ana le66 tRan 49 feet trem tRe frent let line. Location of Property: 460 Northview Drive, Orient; CTM 13-1-5.2. (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). 1 :05 p.m. DR. LAWRENCE KELLY #6026. Gail Wickham, Esq. Request for a Variance under Code Section 280-86, based on the Building Inspector's January 2, 2007 Notice of Disapproval concerning a proposed ground identification sign which will be larger than two square feet in area, at 26270 Main Road, Cutchogue; CTM 109-3-3. (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 adjourn to June 28, 2007 for new submission or withdrawal. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). .. * III. DELIBERATIONS/DECISION (none at this time; see June 14, 2007 Special Meeting carryover agenda items). IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. The Chairman confirmed the Special Meeting for 6:00 p.m. Thursday June 14, 2007, Annex Building, NFB 2nd Floor, 54375 Main Road at Youngs Avenue, Southold. B. The Chairman confirmed the scheduled Regular Meeting for 9:30 a.m. Thursday, June 28, 2007 at Town Meeting Hall, 53095 Main Road, Southold. C. Work Session Business: 1. Discussions were held regarding draft replies prepared by ZBA office staff concerning written inquiries and prior ZB decisions/conditions. All members were in agreement in sending the replies to each of the agents regarding Bendick prior ZBA #5881 and Keitt prior ZBA #6008 and authorized the Chairman to sign the same. 2. Discussions regarding Bluff setbacks (Interpretation under Walz Application), the LI Sound Code Setback Provision, and related setback provisions. All Members appeared to agree to a full day in the future for Regular Meetings, anticipated from 9:30 a.m. - 5:00 p.m.), including " . Page 6 - Minutes Meeting held May 31, 2007 Southold Town Zoning Board of Appeals agenda work session items and other work reviews regarding past decisions. 3. Chairman Dinizio and ZBA members discussed code provision pertaining to 5% of the code required total projected cost of telecommunications facility projects. ** * There being no other business properiy coming before the Board at this time, Chairman Dinizio declared the meeting adjourned. The meeting was adjourned at 1 :40 p.m. Respectfully submitted, >P,~cU?(tf)V~ - L/li~~a Kowalski 6/19/07 Secretary, Board of Appeals ( J es Dlnizio, Jr., Chair n pproved for Filing (; /";)g'/2007 RECEIY,ED q ~d. ~:ao, IY\ . JUl - 5 2007 n~~~{l. 'Y1-~~ ~Tow~