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Home My WebLink AboutZBA-06/28/2007 APPEALS BOARD MEMBERS James Dinizio. Jr.. Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net Mailing 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, JUNE 28,2007 RECEIVED ....tjk! '1:l/0Qtn. JUL 1 7 2007 ~~~ A Regular Meeting of the SOUTH OLD TOWN ZONING BOARD OF APPEALS was held at the South old Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, June 28, 2007 commencing at 9:30 A.M. Present were: James Dinizio, Chairman/Member Ruth D. Oliva, Member Gerard P. Goehringer, Member (until 2:50 pm) Michael A. Simon, Member Leslie Kanes Weisman, Member Kieran Corcoran, Assistant Town Attorney (10:10 arn - 1 :45 pm) Mike Verity, Building Inspector (until 3:00 pm) Linda Kowalski, ZBA Confidential Secretary Erika Nadeau, ZBA Court Reporter 9:35 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 ISEQRA1: 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 apartment, bed and breakfast requests: MARK MELNICK #6050 JOHN MAZUR, JR., and ALICE MAZUR #6044 BREWERS YACHT YARD #6051 PAUL and CHERYL RAGUSA #6048 ANDRIENNE LANDAU (EDWARD FAGAN) #6033 JEFFREY and CAROL OAK #6046 FRANK R. LYON and NATALIE DU PONT LYON #6042 VALERIE and FOSTER REEVE #6041 AMY GROSS #6045 JOSEPH IAVARONE #6047 STEVE SACHMAN #6040 Page 2 - Minutes Meeting held June 28, 2007 Southold Town Zoning Board of Appeals BRIAN RETUS #6049 NEW CINGULAR WIRELESS PC (and EAST MARION FIRE DISTRICT) #5826 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS: Chairman Dinizio opened each hearing and asked that Legal Notice be read aloud concerning each application: 9:35 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 feet 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 of Property: 405 Private Road #3 (a1k/a Pine Creek Road), Southold; CTM 70-6-15. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Dinizio, seconded by Member Weisman to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:58 a.m. JOHN MAZUR, JR. and ALICE MAZUR #6044. P. Moore, Esq. 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 ~~b~~h~~~~~~b~~_~ demolition of the foundation of the existing dwelling and related construction. Location: 3200 Camp Mineola Road, Mattituck; CTM 123-5-36.2. (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). 10:18 a.m. BREWERS YACHT YARD #6051. Ted Angel, Alpha Consulting. 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. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Dinizio, seconded by Member Weisman to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3 - Minutes Meeting held June 28, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS Legal Notices weill Illad for each hearing below: (continued): 10:25 a.m. PAUL and CHERYL RAGUSA #6048. P. Moore, Esq., John Bertani, Builder and Don Feiler. 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. (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). RESOLUTION (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). RESOLUTION (RECONVENE): Motion was offered by Member Goehringer, seconded by Member Weisman to reconvene the hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11 :13 a.m. ADRIENNE LANDAU (EDWARD FAGIN) #6033. A. Pasca, Esq., Ed Fagan, Rob Hermann. 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 bluff adjacent to the Long Island Sound, at 855 Soundview Avenue, Mattituck; CTM 94-1-7. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded by Members Oliva and Weisman to adjourn and remain open to 8/2/07. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:36 p.m. (Carryover hearing from 5/31) ROGER P. SMITH and CONSTANCE A. SMITH #6025. P. Moore, Esq. 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 10ft. 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 Page 4 - Minutes Meeting held June 28, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS Legal Notices were read for each hearing below: when located in a rear yard). Location: 60015 Main Road, Southold; CTM 56-3- 10. (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). 1:22 p.m. HUGH AND ANNE O'REILL Y#6058. J. Cammaratta. Request for a Variance under Section 280-124 (100-244), based on the Building Inspector's June 4, 2007 Notice of Disapproval concerning an as-built demolition of an existing dwelling, with new construction at less than the code-required 40 feet on this 37,375 square foot lot. The new construction activities commenced under Building Permit #32434-Z, at 25 Lighthouse Road (at intersection with North Road), Southold; CTM 55-1-3.2. (Please 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 close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1 :52 p.m. JEFFREY and CAROL OAK #6046. Frank Uellendahl, Architect. 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 Shore Lots 20 & 21 (combined as one lot), Southold; CTM 80-4-10.1. (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 close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1 :58 p.m. FRANK R. LYON and NATALIE DU PONT LYON #6042. S. Ham, Esq. 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. (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). 2:06 p.m. JOSEPH IAVARONE #6047. P. Moore, Esq. for applicant, E. Bressler, Esq. for opposition. Request for Variances under Sections 280-122A, 280-124,280-116,280-15, based on the Building Inspector'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 Page 5 - Minutes Meeting held June 28, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS Legal Notices were read for each hearing below: 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 sideline. Location of Property: 450 Wood Lane (Richmond Creek), Peconic; CTM 86-6-4. (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 adjourn the hearing without a date pending update or resubmission by applicant. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:15 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. (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 adjourn to August 2,2007 at 9:45 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION (BREAK): Motion was offered by Member Weisman, seconded by Member Oliva, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Member Goehringer left at 2:50 p.m. RESOLUTION (RECONVENE): Motion was offered by Member Weisman, seconded by Member Oliva to reconvene the hearings. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). 2:50 p.m. AMY GROSS #6045. W. Ryall, Architect. Request for Variances under Sections 280-15F and 280-116A, based on the Building Inspector'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 of Property: 740 Northview Drive, Orient; CTM 13-1-4. (Please 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 close the hearing reserving decision. Vote of the Board: Ayes: All. (Member Goehringer was absent during the resolution and left at 2:50 p.m.) This Resolution was duly adopted (4-0). Page 6 - Minutes Meeting held June 28, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS Legal Notices were read for each hearing below: 3:09 p.m. STEVE SACHMAN #6040. R. Nemscheck, Architect. Request for Variances under Section 280-15, based on an for a building permit and the Building Inspector'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 of Property: 4705 Nassau Point Road, Cutchogue; CTM 111-9-9. (Please 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 close the hearing reserving decision. Vote of the Board: Ayes: All. (Member Goehringer was absent during the resolution and left at 2:50 p.m.) This Resolution was duly adopted (4-0). 3:30 p.m. BRIAN RETUS #6049. M. Macrina, Architect. Request for Variances under Sections 280-116A(1) and 280-124, based on the Building Inspector'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. (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. (Member Goehringer was absent during the resolution and left at 2:50 p.m.) This Resolution was duly adopted (4-0). 3:44 p.m. NEW CINGULAR WIRELESS PCS (and EAST MARION FIRE DISTRICT) #5826. L. Re, Esq., John Stevens, Infinity Engineering, Michael Lynch, State Real Estate Appraiser. 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. (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 adjourn to 8/2/07 at 1 :30 p.m. Vote of the Board: Ayes: All. (Member Goehringer was absent during the resolution and left at 2:50 p.m.) This Resolution was duly adopted (4-0). 5:45 p.m. (Carryover hearing requested by Abigail Wickham, Esq. 5/31) DR. LAWRENCE KELLY #6026. 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 cover.) BOARD Page 7 - Minutes Meeting held June 28, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS Legal Notices were read for each hearing below: RESOLUTION: After receiving testimony, motion was offered by Member Weisman, seconded by Member Simon to cancel and withdraw this application. Vote of the Board: Ayes: All. (Member Goehringer was absent during the resolution and left at 2:50 p.m.) This Resolution was duly adopted (4-0). . .. III. DELIBERATIONS/DECISIONS (none) IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. The Chairman confirmed the Special Meeting for 6:00 p.m. Thursday July 12, 2007, Town Annex Building, NFB, 2nd Floor, Youngs Avenue, Southold. B. The Chairman confirmed the scheduled Regular Meeting at 9:30 a.m. Thursday, August 2,2007, Town Meeting Hall, Main Road, Southold. C. Work Session Business: 1. Former Interpretations (JD). 2. Discussions - ZBA file data. D. RESOLUTION ADOPTED: Motion was offered by Chairman Dinizio, seconded by Members Oliva and Weisman, and duly carried, to accept and authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held June 14, 2007 and May 31,2007. Vote of the Board: Ayes: Member Dinizio (Chairman), Oliva, Simon and Weisman. (Member Goehringer was absent.) This Resolution was duly adopted (4-0). . .. There being no other business properly coming before the Board at this time, Chairman Dinizio declared the meeting adjourned. The meeting was adjourned at 5:45 p.m. Respectfully submitted, ~~~cUaA . Secretary, Boar~ 9f Appeals 7~ RECEIVED + ~ 8:40A.m. JUL 1 7 2007 ~~