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Home My WebLink AboutZBA-08/16/2007 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, AUGUST 16, 2007 Mailin~ Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY ] 1971.0959 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 BOARD OF APPEALS was held at the South old Town Annex (NFB) Buiiding, 54375 Main Road, Southold, New York 11971-0959, on Thursday, August 16,2007 commencing at 6:00 p.m, Present were: James Dinizio, Jr., Chairman, Member Ruth D. Oliva, Member Gerard P. Goehringer, Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Assistant and Secretary Absent: Michaei A. Simon, Member 6:08 p.m. Chairman Dinizio called the meeting to order. The Board proceeded with the Agenda item, as follows: STATE ENVIRONMENTAL QUALITY REVIEW update was confirmed regarding notice received from Lead Agency regarding SEQRA Scoping Session August 20,2007 at 5:00 p.m. - Heritage at Cutchogue at the Town Hall. DELIBERATIONS/DECISIONS. The Board deiiberated on the following appiications. The originals of each of the following applications were decided, with the original determinations filed with the South old Town Cierk: Aoorova/s with Conditions: ZBA File 6060 - Spyro Avadoulos ZBA File 6064 - Janina A. Casey ZBA File 6052 - Richard and Cathy Reinken ZBA File 6059 - Seifert Construction and F.J. Gerard Holdings LLC Aoorova/s as Aoolied: ZBA File 6055 - Eric and Maria Bulis ZBA File 5826 - Cingular Wireless, New Cingular (Owner: East Marion Fire District) ZBA File 6056 - Doug Dey ZBA File 6061 - Chris Girzadas ZBA File 6043 - Albert R. Grebe Jr. ZBA File 6053 - Dorothy Dickerson Peters ZBA File 6057 - Russell E. Planitzer Page 2 - Minutes Meeting held August 16, 2007 Southold Town Board of Appeals Denv Without Preiudice: ZBA File 6033 - Adrienne Landau (Edward Fagin) RESOLUTIONS/OTHER ACTION: A. Motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to authorize advertisino of aDDHcations in comD/ete form for DubHc hearinos to be held on Thursdav. SeDtember 13, 2007. commencino at 9:30 a.m. 9:30 a.m. RICHARD and ELEANOR COFFEY #6068. Request for a Special Exception in accordance with Code Section 280-13B (14) to establish Accessory Bed and Breakfast, as an accessory use in the existing single-family dwelling, with owner-occupancy, for the purpose of lodging and serving of breakfast for up to ten (10) casual, transient roomers in four (4) guest bedrooms, at 5705 Main Road, East Marion: CTM 35-2-16.1. 9:35 a.m. JAMES and JUDY HAYWARD #6054. Request for a Variance under Section 280-15, based on the Building Inspector's amended June 20, 2007 Notice of Disapproval, updated July 17, 2007, which states that the proposed accessory garage will be located in a yard other than the code-required rear yard, at 1450 Three Waters Road, Orient; CTM 15-3-19. 9:45 a.m. ROBERT O'BRIEN #6075. Request for a Variance under Section 280-116, based on the Building Inspector's August 7, 2007 Notice of Disapproval conceming proposed additions and alterations to the existing single-family dwelling, for the reason that the new construction will be less than 75 feet from the existing bulkhead adjacent to Gardiner's Bay, at 1955 Truman's Path, East Marion; CTM 31-13-2. 9:55 a.m. scon and SARAH HASSILDINE #6072. Request for Variances under Section 280-124, based on the Building Inspector's July 19, 2007 Notice of Disapproval, which states that the proposed construction (after substantial demolition of the existing building), with additions and alterations, for a new single-family dwelling, with less than 10 feet on a single side yard and less than 25 feet total side yards. Location of Property: 2775 West Creek Avenue, Cutchogue; CTM 110-5-4. 10:15 a.m. ROBERT K. SCRIPPS #6069. Request for Variances under Sections 280-166B, 280-122A and 280-124, based on the Building Inspector's July 19, 2007 Notice of Disapproval conceming proposed addition(s) and alterations to the existing single~family dwelling which will increase the degree of nonconformance under Zoning Code Interpretation #5039 when located less than 15 feet on a single side yard, less than 35 feet for combined side yard setbacks. Also proposed is an addition at less than 75 feet from the existing bulkhead. Location of Property: 2745 Pine Tree Road, Cutchogue; CTM 104-3-6. 10:30 a.m. JOEL and DONNA CATANIA #6071. Request for a Variance under Section 280-124B, based on the Building Inspector's June 7, 2007 Notice of Disapproval conceming an application for a building permit for an as-built deck addition to the single-family dwelling, for the reason that the requested construction will exceed the 20% code limitation, at 760 Oakwood Drive, Southold; CTM 70-12-26.2. 11 :00 a.m. PETER and SHARON MANGANIELLO #6066. Request for Variances under Section 280-124, based on the Building Inspector's June 21, 2007 amended Notice of Disapproval concerning as-built deck additions to the existing single-family dwelling, for the reasons that the construction will be: (a) less than 10 feet on a single side yard; (b) less than 25 feet for both side yard setbacks, (c) exceeding the code limitation of 20% maximum lot coverage, at 58315 Route 48 (a/kla North Road), Greenport; CTM 44-2-12. 11:20 a.m. WENDY LOMAS and CHARLOnE GREENE #6067. Request for a Variance under Code Section 280-15 based on the Building Inspector's June 18,2007 Notice of Disapproval concerning proposed reconstruction (replacement) of an existing accessory building, in the same nonconforming location at less than the code required 10 feet from any property, at 500 Stephenson's Road (Private Road #1): CTM 17-1-6. 11:35 a.m. CONSTANCE BEEBE and SIDNEY BEEBE JR. #6073. Request for Variances under Sections 280-15B and 280-15C, based on the Building Inspector's July 20, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing accessory building, for the reason that the new construction will be less than 10 feet from the property line and the existing nonconforming size will increase the code limitation of 750 square feet, at 24925 Main Road, Cutchogue; ClM 109-1-20.3. 11 :45 a.m. BENNEn BROKAW #6070. Request for a Variance under Section 280-15 based on the Building Inspecto~s July 20, 2007 amended Notice of Disapproval concerning an existing accessory building, which as a result of the proposed new dwelling construction, will be a yard other than the code-required rear yard, at 4300 Bergen Avenue, Mattituck; CTM 113~7-1.4. 11:55 a.m. ANN CALLAHAN #6038. Request for a Variance under Section 280-122, based on the Building Inspecto~s January 30, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing accessory building, with conversion from the existing barn use, to an accessory playhouse or similar accessory use as per code. The existing barn, plus the proposed Page 3 - Minutes Meeting held August 16, 2007 Southold Town Board of Appeals RESOLUTIONS/OTHER ACTION: (Continued) additions, is proposed in the nonconforming front yard, instead of the code-required rear yard, at 21445 Route 25, Orient; CTM 17- 4-15. 12:05 p.m. VALERIE and FOSTER REEVE #6041 (carryover from 6/28/07 by applicant). Fence height, at 76375 Main Road (alk/a Front Street), Greenport; eTM 48-1-2. 12:15 p.m. ROBERT K. SIMON #6076. Request for a Variance under Section 280-122 and 280-124, based on the Building Inspector's July 24, 2007 Notice of Disapproval and Zoning Code Interpretation #5038 (Walz Application), disapproving an addition with alterations to the existing single-family dwelling, for the reason that the new construction at less than 40 feet from the front lot line, which will increase the degree of nonconformance with regard to the front yard setback. Location of Property: 3715 Main Bayview Road, Southold: eTM 78-2-14. 12:25 p.m. DAVID SHERMAN #6063. Request, as amended. for Variances under Sections 280-10 and 280-124, based on the Building Inspector's April 12, 2007 Notice of Disapproval concerning a proposed deck addition which: (1) will be less than 10 feet on a single side yard; (2) will be less than 35 feet total side yard setbacks; and (3) will exceed the code limitation of 20% lot coverage. Location of Property: 260 Founders Path, Southold: eTM 64-2-24. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Weisman. Member was Simon absent. This Resolution was duly adopted (4-0). RESOLUTIONS/OTHER ACTION, Continued: B. This agenda item was tabled for update on status of Building Permit #31943-z which was issued 4/27/2006 for a new dwelling, under construction; copies attached for Members. C. Work Session: (No action taken) The Chairman confirmed a recent letter he sent to the department concerning drafting and also NYTL Section 267 as a reminder. D. Work Session, continued: Monthly Reports (tabled) Town Board Committees Planning & Zoning Sessions Code Committee Sessions LWRP Sessions Enforcement Code Review Sessions Drainage Committees Hamlet Study Committees EXECUTIVE SESSION Brief reviews of pending files and general discussions by Board Members followed. * .. Page 4 - Minutes Meeting held August 16, 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 7:50 p.m. Respectfully submitted, dnda- ~rw~ ' t/ !1;,da Kowaiski Included by Reference: Filed ZBA Decisions (12) ames Dinizio J "' Approved for Filing i'O f?A...~DIv..+iorVAclopt-~ 9-2 "1-07 RECEIVED OCT - 3 2007 r<J!;.___JJ.J /J ?J.era ~cn-o Clerk