HomeMy WebLinkAboutZBA-07/12/2007
)
APPEALS BOARD MEMBERS
James Dinizio. Jr.. Chairman
Gerard P. Goehringer
Ruth D. Oliva
Michael A. Simon
Leslie Kunes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 . Fax (631) 765-9064
MINUTES
SPECIAL MEETING
THURSDAY, JULY 12, 2007
Mailing Address:
Southold Town Hall
53095 Main Road' P.O. Box 1179
Southold. NY 11971-0959
Office Location:
Town Annex IFirst Floor. North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold. NY 11971
RECEIVED
q ~ \l'.S4a...II'\.
AUG - 9 2007
~t1Z)eJJ
S~<Town Clerk
A Special Meeting of the SOUTH OLD TOWN BOARD OF APPEALS was held at the South old
Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971-0959, on Thursday, July 12,
2007 commencing at 6:00 p.m.
Present were:
James Dinizio, Jr., Chairman, Member
Ruth D. Oliva, Member
Gerard P. Goehringer, Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Linda Kowalski, ZBA Assistant and Secretary
6:00 p.m. Chairman Dinizio called the meeting to order and proceeded with the agenda, as follows:
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 Southoid
Town Clerk:
Aoorova/s with Conditions:
ZBA File 6051 - Brewers Yacht Yard
ZBA File 6048 - Paul and Cheryl Ragusa
Aoorovals as Aoolied:
ZBA File 6050 - Mark Melnick
ZBA File 6044 - John Mazur, Jr., and Alice Mazur
ZBA File 6058 - Hugh and Anne O'Reilly
ZBA File 6046 - Jeffrey and Carol Oak
ZBA File 6042 - Frank and Natalie DuPont Lyon
Motion Lost: ZBA File 6025 - Roger and Constance Smith. Motion was offered by Member Goehringer
to deny the application as applied and to grant alternative relief at seven (7) feet with conditions. There
was no motion to second. The motion was lost.
Denial with Grant of A/ternative Relief with Conditions:
ZBA File 6025 - Roger and Constance Smith
ZBA File 6040 - Steve Sachman
Page 2 - Minutes
Meeting held July 12, 2007
Southold Town Board of Appeals
Denial with Grant of Alternative Relief:
ZBA File 6045 - Amy Gross
ZBA File 6049 - Brian Retus
RESOLUTIONS/OTHER:
A. Motion was offered by Member Goehringer, seconded by Member Simon, and duly carried, to
authorize advertisino of the folio wino aoolications in como/ete form for oublic hearinos to be held on
Thursdav, Auoust 2. 2007. commencino at 9:30 AM.
9:30 a.m. NICK KATAPODIS (JOHN FRANKIS) #6027. Requests for Variances under Section 280-116,
based on the Building Inspector's June 14, 2007 amended Notice of Disapproval for proposed accessory
swimming pool and related equipment: (1) at less than 100 feet from the top of the bluff adjacent to the
Long Island Sound, and (2) with lot coverage in excess of the code limitation of 20%. Location of Property:
1540 The Strand, East Marion; CTM 30-2-65.
10:05 a.m. DOROTHY DICKERSON PETERS #6053. Request for a Variance under Section 280-124,
based on the Building Inspecto~s April 23, 2007 Notice of Disapproval concerning a proposed single-family
dwelling at less than 40 feet from the front lot line, at 2280 Deep Hole Drive, Mattituck; CTM 123-4-6.
10:25 a.m. DOUG DEY #6056. Request for Variances under Section 280-121, based on the Building
Inspecto~s amended May 22, 2007 Notice of Disapproval concerning a proposed additions and alterations
to the existing nonconforming building (garage with apartment above, as an accessory to the main building)
for the reasons that the proposed construction is not permitted to be enlarged, altered, extended,
reconstructed or restored or placed on a different portion of a lot... 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 buiiding was erected in 1965 under a permit to alter and add to an existing garage with apartment
above; the current plans indicate reconstruction of windows and doors, with decorative donner addition at 9
feet, and upper deck and storage structure at 15 feet, from side property line. Also, the interior living area
will increase with conversion of garage to recreation space in addition to the apartment above garage (also
see Building Permil#2867-z and C.O. #Z-2421 dated May 31, 1966 for a private one family dwelling and
garage building). Location of Property: 1000 Paradise Point Road, Southold; CTM 81-3-24.2.
10:40 a.m. JANINA A. CASEY #6064. Request for a Variance under Section 280-116B, based on the
Building Inspector's June 17,2007 Notice of Disapproval concerning proposed additions and aiterations to
the existing dwelling, which new construction will be less than 75 feet from the bulkhead, concrete wall.
riprap or similar structure adjacent to tidal water body (Hog Neck Bay), at 275 Waters Edge Way, Southold;
CTM 88-5-58.
10:55 a.m. F.J. GERARD HOLDINGS LLC (SEIFERT CONSTRUCTiON) #6059. Requests for Variances
under Sections 280-63 and 280-64, based on the Building Inspector's June 4, 2007 amended Notice of
Disapproval concerning proposed construction for use as a custom workshop in this LI Light Industrial Zone
District. The reasons stated for disapproving a building permit application are that the new construction is:
(1) less than 100 feet from the right-of-way; (2) will have a single side yard t less than 10 feet; (3) will have
a totai side yards at less than 40 feet for both setbacks, (4) the rear yard is less than 70 feet. Location of
Property: 11780 Sound Avenue, Mattituck: CTM 141-3-44.
11 :10 a.m. ERIC and MARIA BUllS #6055. Request for a Variance under Sections 280-122A and 280-
124, based on zoning Code Interpretation ZBA #5038 in the Application of R. Walz, and the Building
Inspecto~s April 3, 2007 Notice of Disapproval concerning proposed additions to the existing dwelling, which
will be an increase in the degree of nonconformance when located at less than 40 feet from the code-
required front lot line, at 490 Aquaview Avenue, East Marion; CTM 21-3-5.
11 :25 a.m. SPYRO AVDOULOS #6060. Request for a Variance under Section 280-116A, based on the
Building InspectMs amended June 13, 2007 Notice of Disapproval concerning proposed additions and
alterations to the existing single-family dwelling with a setback at less than the code-required 100 feet from
Page 3 - Minutes
Meeting held July 12, 2007
Southold Town Board of Appeals
the top of the bank or bluff adjacent to the Long Island Sound, at 54985 North Road, Greenport; CTM 44-1-
5.
1:00 p.m. DAVID SHERMAN #6063. Requests for Variances under Sections 280-10 and 280-124, based
on the Building Inspecto~s April 12, 2007 Notice of Disapproval concerning a proposed deck addition,
disapproved for the following reasons: (1) the deck will be less than 10 feet on a single side yard; (2) the
deck will be less than 35 feet total side yard setbacks; (3) the deck will exceed the code limitation of 20% lot
coverage; (4) the shed is proposed in a yard other than a code-required rear yard; (5) the shed is less than
three feet from the property line and exceeds the code limitation of 20% lot coverage. Location of Property:
260 Founders Path, Southold; CTM 64-2-24.
1:20 p.m. KATHERINE DANERI #6029. Request for Variances under Sections 280-114, 280-15B, 0, F,
and 280-116 based on the Building Inspecto~s October 31, 2006 Notice of Disapproval amended June 19,
2007, concerning two proposed buildings after demolition of the existing building: (1) a single-family
dwelling, after demolition of the existing building, proposed with a single side yard at less than 15 feet, less
than 35 feet total side yards, less than 75 feet from the bulkhead; and (2) an accessory garage with
proposed roof dormers exceeding the 40% width limitation, with a setback at less than the code required 15
feet minimum from the side property line, and with a height exceeding the 22 ft. code limitation. Location of
Property: 200 Private Road #17, or Terry Path extending easterly of Camp Mineola Road, Mattituck; CTM
123-6-14.
1:40 p.m. RICHARD and CATHY REINKEN #6052. Request for a Variance under Section 280-116B,
based on the Building Inspector's May 24, 2007 Notice of Disapproval concerning new dwelling construction,
after demolishing the existing construction, disapproved for the reason that the new construction will be less
than the code-required 75 feet from the bulkhead, at 1935 Pine Tree Road (at Little Creek), Cutchogue;
CTM98-1-11.1.
1:55 p.m. RUSSELLL E. PLANITZER #6057. Request for a Variance under Section 280-15, based on the
Building Inspecto~s June 8, 2007 Notice of Disapproval concerning proposed additions and alterations to the
existing dwelling which result would change the conforming rear yard to a nonconforming yard for the
existing swimming pool construction, at Ocean View Avenue, Fishers Island; CTM 9-11-3.1.
2:10 p.m. ALBERT R. GREBE JR. #6043. Request for Variances under Section 280-114, based on the
Building Inspecto~s April 9, 2007 Notice of Disapproval concerning proposed re-arrangement of lot lines for
three existing nonconforming lots. The rearrangement of lot lines will change the size of nonconforming lots
located in the R-40 Low-Density Residential Zone, and will change the size of nonconforming lots located in
the R-80 Residential and Limited Business (LB) Zone Districts. Land area shown as #14 with an existing
dwellin9 will be increased in size: Lot 15 with an existing dwelling will be increased in size. Land area
shown as 17.1 will be reduced in area to 69,428+/- square feet. Location of Property: South Side of Avenue
B, and the north side of Fox Avenue, Fishers Island; CTM 6-2-14,15,16, and 17.1.
2:20 p.m. CHRIS GIRZADAS #6061. Request for a Variance under Sections 280-122A and 280-124,
based on Zoning Code Interpretation under ZBA #5039 in the Application of R. Walz, and the Building
Inspecto~s June 13, 2007 Notice of Disapproval, concerning proposed additions to the existing dwelling,
which will be an increase in the degree of setback nonconformance when located less than 35 feet from the
front lot line, at 600 Mill Creek Drive (a.k.a Mill Creek Road), Southold; CTM 135-3-42.3.
2:40 p.m. MARK and PATRICIA LAMPL #6062. Request for Variances under Sections 280-116A(1), 280-
122,280-124, based on the Building Inspecto~s June 5, 2007 Notice of Disapproval concerning proposed
additions and alterations to the existing dwelling, disapproved for the following reasons: (1) the new
construction will be an increase in the degree of nonconformity when located less than 15 feet on a single
side yard, and less than 35 feet for total side yards; and (2) the additions and alterations are not permitted
at less than 100 feet from the top of bank or bluff adjacent to the Long Island Sound. Location of Property:
910 The Strand (Lot 127 at Pebble Beach Farms), East Marion; CTM 30-2-81.
2:55 p.m. Reserved (Landau carryover #6033)
3:10 p.m. Reserved (Cingular/EMFD carryover #5826
Page 4 - Minutes
Meeting held July 12, 2007
Southold Town Board of Appeals
Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon, and Weisman. This
Resolution was duly adopted (5-0).
. ..
RESOLUTIONS/UPDATED REVIEWS/OTHER
A. RESOLUTION ADOPTED: Motion was offered by Member Goehringer, seconded by
Member Simon, and duly carried to advertise Legal Notice for August 2, 2007 public hearings
filed in complete form with publication in official newspaper. Vote of the Board: Ayes: Member
Dinizio (Chairman), Goehringer, Oliva, Simon Weisman. This Resolution was duly adopted (5-0).
B. RESOLUTION ADOPTED: Motion was offered by Member Weisman, seconded by
Member Oliva and duly carried, to accept and authorize filing of Minutes with the Town Clerk's
Office, as prepared for ZBA Meetings held June 28, 2007. Vote of the Board: Ayes: Member
Dinizio (Chairman), Goehringer, Oliva, Simon and Weisman. This Resolution was duly adopted
(5-0).
C. Other Business: Work Session (no action taken)
1. Discussion: Monthly Correspondence (no action).
Correspondence:
a) SEQRA Communications by Town PB (Lead Agency)
ZBA file #5939 Cingular/MGH Enterprises
PB letters to ZBA 9/29/06, ZBA Chair to PB Chair 10/11/06;
also PB to ZBA 12/27/06 Lead Agency Coordination Notice.
Correspondence:
a) ZBA File No. 5826 - Cingular/East Marion FD. 6/28 PH and 8/2 PH.
Letter to ZBA from Munley Meade Nielsen & Re in reply to ZBA Member 6/28 PH
requests; also letter to ZBA from Edward John Boyd V in reply to ZBA Member
discussions at 6/28 PH; PH #2 is calendared for 8/2.
2. ZBA Expenses - 2008 Budget Items - General Discussion.
3. Meeting Notices:
a) Town Renewable Energy Seminars July 17; Sept. 12; November 13, 2007.
b) Town Board July 17th.
c) Town Board Code Committee today at 1 PM (Annex 20d Floor)
d) Town Board TDR Special Meeting today at 2 PM (Annex 2'" Floor)
e) Demonstration by Municity-General Code for July 26 from 1-4 p.m.
concerning software application solutions and parcel management.
f) Mattituck Stakeholders TB Committee August 14th 6 PM Human Resource
Center.
4. Discussions - ZBA file data (mergers, nonconforming setbacks, etc).
5. Monthly Reports (RO, LW, MS, GG). The Board discussed the status of
enforcement regarding past decision(s) and 2008 budget proposal by staff.
6. Litigation Monthly Updates (Blocker v. ZBA; Milot v. ZBA; Aliano v. ZBA)
7. Town Board Committee Monthly Reviews (no discussion at this time)
Brief reviews of pending files and general discussions by Board Members followed; no action was
taken.
.. .
Page 5 - Minutes
Meeting held July 12, 2007
Southold Town Board of Appeals
There being no other business properly coming before the Board at this time, Chairman
Dinizio declared the meeting adjourned. The meeting adjourned at 7:55 p.m.
Respectfully submitted,
r(;l1dA~!~ '
l.lnda Kowalski 7/31/07
Included by Regce: F~ed ZBA Decisions (11)
J mes Dinizio Jr., Chair an
pproved for Filing A gust.:2. ' 2007
RECEIVED
q..~ 11'.SYI.lfl1.
AUG - 9 2007
~~tln~.~~~
SO~own~