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HomeMy WebLinkAboutZBA-09/27/2007 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, SEPTEMBER 27,2007 Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold. NY J 1971-0959 Office Location: Town Annex /First Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 RECEIVED "f ~ ~:5.3,.m. OCT 2 4 2007 ~~~ A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971- 0959, on Thursday, September 27, 2007 commencing at 5:00 p.m. Present were: James Dinizio, Jr., Chairman, Member Gerard P. Goehringer, Member (left 6:22 p.m.) Michael A. Simon, Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Assistant and Secretary Absent: Ruth D. Oliva, Member Gerard P. Goehringer, Member (6:22 p.m. to end). 5:00 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 Southold Town Clerk: Aoorovals with Conditions: ZBA File 6062 - Mark and Patricia Lampl ZBA File 6068 - Richard and Eleanor Coffey ZBA File 6054 - James and Judy Hayward ZBA File 6038 - Ann Callahan Page 2 - Minutes Meeting held September 27, 2007 Southold Town Board of Appeals ADDrovals as ADDlied: ZBA File 6075 - Robert O'Brien ZBA File 6072 - Scott and Sarah Hassildine ZBA File 6070 - Bennett Brokaw ZBA File 6073 - Constance Beebe and Sidney Beebe Jr. ZBA File 6076 - Robert K. Simon Alternative Relief with Conditions: ZBA File 6027 - Nick Katapodis (John Frankis) ZBA File 6071 - Joel and Donna Catania ZBA File 6069 - Robert K. Scripps Denied: ZBA File 6029 - Katherine Daneri - denied house setbacks Alternative Relief: ZBA File 6029 - Katherine Daneri - grant accessory garage. Motion Tabled: ZBA File 6067 - Wendy Lomas and Charlotte Green. Motion was offered by Member Simon to deny the application and to grant alternative relief. The motion and discussions and deliberations were tabled until October 18, 2007. (No action was taken). RESOLUTIONS/OTHER: A. Motion was offered by Chairman Dinizio, seconded by Member Weisman, and duly carried, to authorize advertisinf! of the followinf! aDDlications in comDlete form for Dublic hearinf!s to be held on Thursdav. October 18. 2007. commencinf! at 9:30 AM. 9:30 A.M. GERALD and DOROTHY W ANSOR #6074. Request for Variances under Sections 280-122A and 280-124, based on the Building Inspector's July 25, 2007 Notice of Disapproval and Zoning Code Interpretation #5039 (Walz Application) for the reason that proposed alterations to existing single- family dwelling, additions, and attaching garage for conversion to living space, will increase the degree of nonconformance when located less than 40 feet from the front lot line (along Haywaters Road). Location: 1525 Vanston Road aikla Old Cove Road, Cutchogue: CTM 111-4-12. 9:45 A.M. ALBERT and SUSAN ARIAS #6065. Request for a Variance under Sections 280-104 and 280-124, based on the Building Inspector's May 29, 2007 Notice of Disapproval. which states that the proposed additions and alterations to the existing single-family dwelling will be les8 than 32.4 feet, the average front yard setback of the existing buildings within 300 feet of the proposed building on the same side of the street within the same use district, at 195 Oak Avenue, Southold; CTM 77-2-10. 9:55 A.M. MICHAEL and BETH NEUMANN #6077. Request for a Variance under Section 280-15, based on the Building Inspectoes June 28, 2007 Notice of Disapproval concerning a proposed accessory swimming pool. partly in a side yard instead of a rear yard, at private right-of-way extending from the north side of Grand Avenue (House #3329), Mattituck: CTM 107-1-12. Page 3 - Minutes Meeting held September 27, 2007 Southold Town Board of Appeals A. RESOLUTION, continued: 10:10 A.M. LAURA A. WElL #6078. Requests for Variances under Sections 280-122, 280-124, 280- 116B, based on Zoning Code Interpretation #5039 (Walz Application) and the Building Inspector's July 30, Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which new construction when located less than 35 feet from the front lot line and less than 35 feet from the rear lot line will create an increase in the degree of nonconformance. New construction is also proposed at less than 75 feet from the bulkhead. Location of Property: 2760 Village Lane, Orient; CTM 26-1- 20.1. 10:30 A.M. JOSEPH FINORA and MARY GRACE #6080. Request for a Variance under Section 280- 124, based on the Building Inspector's amended August 15, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing dwelling with a setback at less than 35 feet from the rear lot line, at 375 Wells Road, Laurel; CTM 126-8-18. 10:55 A.M. ANTHONY BONAGURA and BARBARA BONAGURA #6081, requestiug a Special Exception Section 280-13B of the Zoning Code for an Accessory Apartmeut (as-built/without permits) with owner-occupancy in the existing single. family dwelling, with recent additions and enlargement (open Building Permit #32609-z), at 900 Holbrook Lane, Mattituck; CTM 113-6-11. 11:10 A.M. STEVE SACHMAN #6082. This is an appeal based on the August 21, 2007 Notice of Disapproval issued by the Building Inspector concerning a building permit application and amended plans to build a new accessory garage at 20 feet in height and with a setback of 6.5 feet from the side lot line. The reasons stated in the Notice of Disapproval are that an accessory garage on a 35,043 square foot parcel in an R-40 Zone is not permitted under Section 280-15, and in the case of a waterfront parcel, accessory structures may be located in the front yard, provided that such buildings and structures meet the front yard principal setback requirements as set forth by this code, and the side yard setback requirements for accessory buildings in Section B above. On lots between 20,000 and 39,999 square feet, for an accessory building measuring up to 20 feet in height, the required side yard setback is 15 feet. Location of Property: 4705 Nassau Point Road, Cutchogue; CTM 111-9-9. 1:00 P.M. PHIUP B. STANTON and JENNIFER STANTON #5948. This is an Appeal based on an application for a building permit, to relocate an accessory barn building and after relocation and additions of the accessory barn, to use the barn as a game room, adding bathroom facilities and a fireplace. Applicants request: (a) an Interpretation of Section 280-121-C (formerly numbered 100-31- C); and (b) Variance concerning height of the accessory barn building, to be relocated and enlarged, at a height that exceeds the code limitation of eighteen (18) feet, (c) Reversal of the Building Inspector's July 14, 2006 Decision, which Building Inspector decision states that the use, after relocation, renovations, and conversion, is not permitted under the code as an accessory use. Location of Property: 522 Town Creek Lane, Southold; CTM 64-1-14.7. 1:25 P.M. GAMA PROPERTIES (formerly WAREX TERMINAL CORP.) #5906 as Amended. Requests for Variances under Sections 280-49 (100-102), 280-122 (100-242A based on Zoning Interpretation #5038-Walz Application), and 280-50C (100-103C), and for a Special Exception for a car wash facility (Section 280-48B), based on the Building Inspector's amended September 21, 2007 Notice of Disapproval. The applicants propose to add a car wash with alterations to a building and to increase the length of the existing canopy. The reasons stated by the Building Inspector for disapproving the application for a building permit are: (1) following the proposed construction, the building will have a side yard setback at less than the code-required 25 feet; (2) . following the proposed extension of the existing canopy, there will be an increase in the degree of nonconformance for the front yard setback from the Main Road - NYS Route 25; (3) following the proposed extension of the existing canopy, there will be an increase in size (as a single separate structure) that will exceed the code maximum of60 linear feet of frontage on one street (Factory Avenue). Location of Property: CITGO Gas Station, Corner of Factory Avenue at 9945 Route 25 (a/kla Main Road), Mattituck; CTM 142-1-27. Zone District: B-General Business. Page 4 - Minutes Meeting held September 27, 2007 Southold Town Board of Appeals A. RESOLUTION, continued: 2:00 P.M. DANIEL and ELAINE O'CONNELL #6084. Request for a Variance under Section 280-124, based on the Building Inspector's August 1, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing single-family dwelling, for the reason that the new construction will be less than the code-required 35 ft. side yard setbacks (total), at 1205 Waterview Drive, Southold; CTM 78-7-16. 2:20 P.M. KENNETH G. SCHEUBLEIN #6079. Request for Variances under Section 280-15, based on the Building Inspector's June 14, 2007 Notice of Disapproval concerning a proposed accessory garage and shed in an area other than the code-required rear yard, at 105 West Creek Avenue (also Pequash Avenue and Old Pasture Road), Cutchogue; CTM 103-13-20.1. 2:40 P.M. HOUSE OF DAlGE #5926. This is an Appeal: (1) requesting a determination that will recognize a 6,000 square foot lot for the purpose of adding a single-family dwelling, instead of its present zoning restrictions adopted on September 29, 1969 under Appeal No. 1290, which application requested a split of the property to allow a 6,000 square foot portion to be used as a garage, as an accessory to the applicant's home across the street in 1969, resulting in the remaining portion of the land, now CTM Parcel 52-3-14.1 (now or formerly Hoffman), and (2) based on the Building Inspector's May 30, 2006 Notice of Disapproval, requesting a Variance to build a dwelling with side yards at less than the code-required 25 feet (combined setbacks), after removal of the garage. Location of Property: 1195 Ruch Lane, Greenport; CTM 52-3-13. Vote of the Board: Ayes: Members Dinizio (Chairman), Simon, and Weisman. Members Oliva and Goehringer were absent during this Resolution. This Resolution was duly adopted (3-0). * * * RESOLUTIONSfUPDATED REVIEWS/OTHER A. Date of Regular Meeting/Public Hearings: October 18, 2007 9:30 a.m. B. ZBA Budget: The Chairman discussed ZBA Budget items for 2008. C. RESOLUTION ADOPTED/APPROVAL OF MINUTES: Motion was offered by Chairman Dinizio, seconded by Member Weisman, and duly carried, to accept for filing Minutes prepared for ZBA Meeting held August 16, 2007. Vote of the Board: Ayes: Member Dinizio (Chairman), Simon and Weisman. Members Goehringer and Oliva were absent. This Resolution was duly adopted (3-0). No Executive Session was held. There being no other business properly coming before the Board at this time, Chairman Page 5 - Minutes Meeting held September 27, 2007 Southold Town Board of Appeals Dinizio declared the meeting adjourned. The meeting adjourned at 6:57 p.m. Respectfully submitted, 9: ~ ~ ~dLl;dw~ - Llnda Kowalski ICY3/!)7 Included by Reference: ZBA Filed Decisions (I3) es Dinizio Jr., C proved for Filing 10/.,13 /2007 Acceptance Resolution 10/18/07 RECEIVED "Y ~& ~; v3f'(/'). OCT s.-4 JUJi .~.# ~4J~tL~ outhold Town Clerk ' !