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HomeMy WebLinkAboutZBA-09/13/2007 APPEALS BOARD MEMBERS James Dinizio. Jr.. Chairman ,rr;~~~ ~~.~~\ . . ~ ~ ~. ~) ~,fCOU~ Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman http://southoldtown.nonhfork.net Mailin~ 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, SEPTEMBER 13, 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, September 13, 2007 commencing at 9:30 A.M. Present were: James Dinizio, Chairman/Member Ruth D. Oliva, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Kieran Corcoran, Assistant Town Attorney (9:30 a.m.-2:30 p.m.) Linda Kowalski, ZBA Confidential Secretary Erika Nadeau, ZBA Court Reporter Absent: Gerard P. Goehringer, Member 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 (SEQRA): BOARD RESOLUTION: Motion was made by Member Oliva, seconded by Member Weisman, to declare the following Declarations: Tvpe II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: RICHARD & ELEANOR COFFEY #6068 JAMES & JUDY HAYWARD #6054 ROBERT O'BRIEN #6075 SCOTT & SARAH HASSILDINE #6072 ROBERT K. SCRIPPS #6069 JOEL & DONNA CATANIA #6071 PETER & SHARON MANGANIELLO #6066 WENDY LOMAS & CHARLOTTE GREENE #6067 CONSTANCE BEEBE & SIDNEY BEEBE #6073 Page 2 - Minutes Meeting held September 13, 2007 Southold Town Zoning Board of Appeals BENNETT BROKAW #6070 ANN CALLAHAN #6038 VALERIE & FOSTER REEVE #6041 ROBERT K. SIMON #6076 DAVID SHERMAN #6063 Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Goehringer was absent) II. RESOLUTION/DELIBERATIONS/DECISION: WRITTEN SUBMISSIONS ACKNOWLEDGED/RESOLUTION ADOPTED: KATHERINE DANERI #6029. Motion was offered by Member Oliva, seconded by Members Dinizio and Weisman, acknowledging receipt of all submissions received as of August 31, 2007, and to close the record as to any further submissions. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Goehringer was absent) See brief discussion on page 6. MARK and PATRICIA LAMPL #6062. (Tabled to 9/27/07.) NICK KATAPODIS (JOHN FRANKIS) #6027. RESOLUTION ADOPTED: Motion was offered by Member Weisman, seconded by Member Oliva, to table this matter due to Incomplete Application, pending information requested at 8/2/07 Hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Goehringer was absent) III. PUBLIC HEARINGS: Chairman Dinizio opened each hearing and asked that Legal Notice be read aloud concerning each application: 9:31 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. (Piease 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 (4-0). (Member Goehringer was absent) 9:35 a.m. JAMES and JUDY HAYWARD #6054. D. Doty, Esq. and Fairweather Brown, (Amy Martin). 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. (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 (4-0). (Member Goehringer was absent) Page 3 - Minutes Meeting held September 13, 2007 Southold Town Zoning Board of Appeals III. PUBLIC HEARINGS: (continued) 10:32 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 concerning 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. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Simon, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Goehringer was absent) 10:43 a.m. SCOTT and SARAH HASSILDINE #6072. A. Wickham, Esq. 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. (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 (4-0). (Member Goehringer was absent) RESOLUTION (BREAK): Motion was offered by Member Weisman, seconded by Member Oliva, to take a 5-minute break. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Goehringer was absent) 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). (Member Goehringer was absent) 11 :03 a.m. ROBERT K. SCRIPPS #6069. F. Weber, Architect Request for Variances under Sections 280-166B, 280-122A and 280-124, based on the Building Inspector's July 19, 2007 Notice of Disapproval concerning 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. (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 (4-0). (Member Goehringer was absent) Page 4 - Minutes Meeting held September 13,2007 Southold Town Zoning Board of Appeals III. PUBLIC HEARINGS: (continued) 11:10 a.m. JOEL and DONNA CATANIA #6071. J. Kevin McLaughlin. Request for a Variance under Section 280-124B, based on the Building Inspector's June 7,2007 Notice of Disapproval concerning 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. (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 (4-0). (Member Goehringer was absent.) 11 :30 a.m. PETER and SHARON MANGANIELLO #6066. R. Hill, RLH Planning. 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/k/a North Road), Greenport; CTM 44-2-12. (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 adjourn the hearing to October 18, 2007 pending additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Goehringer was absent.) 12:00 p.m. WENDY LOMAS and CHARLOTTE GREENE #6067. Jim Garretson, Architect. 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. (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 (4-0). (Member Goehringer was absent.) 12:12 p.m. CONSTANCE BEEBE and SIDNEY BEEBE JR. #6073. P. Moore, Esq. 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; CTM 109-1-20.3. (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 close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Goehringer was absent.) Page 5 - Minutes Meeting held September 13, 2007 Southold Town Zoning Board of Appeals RESOLUTION (BREAK): Motion was offered by Member Weisman, seconded by Member Oliva, to recess for a short break. Vote of the Board: Ayes: All. This Resolution was duiy adopted (4-0). (Member Goehringer was absent.) 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). (Member Goehringer was absent.) III. PUBLIC HEARINGS: (continued) 1 :05 p.m. BENNETT BROKAW #6070. Request for a Variance under Section 280-15 based on the Building Inspector'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. (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, pending receipt of two items. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Goehringer was absent.) 1 :16 p.m. ANN CALLAHAN #6038. Jim Fitzgerald, President, Proper-T Permit Services. Request for a Variance under Section 280-122, based on the Building Inspector'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 additions, is proposed in the nonconforming front yard, instead of the code-required rear yard, at 21445 Route 25, Orient; CTM 17-4-15. (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, pending three items. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Goehringer was absent.) LEGAL OPINION: A question was raised by Board Members about which code is properly applied concerning recent Local Laws and codes. Assistant Town Attorney Kieran Corcoran advised the Board that the ZBA is charged with applying the law in effect at the time of the hearing. 12:05 p.m. VALERIE and FOSTER REEVE #6041 (carryover from 6/28/07). Hearing cancelled/application withdrawn. Motion was offered by Member Simon, seconded by Member Oliva, to withdraw this application as requested in applicant's letter dated 9/12/07. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Goehringer was absent.) Page 6 - Minutes Meeting held September 13, 2007 Southold Town Zoning Board of Appeals III. PUBLIC HEARINGS: (Continued) 1 :54 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: 3715 Main Bayview Road, Southold; CTM 78-2-14. (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, pending three items. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Goehringer was absent) 2:11 p.m. DAVID SHERMAN #6063 R. Bohn, Bohn Contracting (Hearing Reopened by the Board concerning diagram submitted after close of 8/2/07 hearing, also Amended Notice of Disapproval issued August 30, 2007 by the Building Inspector). 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: 260 Founders Path, Southold; CTM 64-2-24. Amended Notice of Disapprovai was submitted. (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, pending two items. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). (Member Goehringer was absent.) (End of hearing sessions, public meeting continues on next page) .. . IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. DELIBERATIONS: Katherine DANERI #6029. 1) Deliberations were held and tabled for continued deliberations at next meeting. 2) Informal Question: Mr. Thornton Smith asked whether his letter was received by Members concerning Daneri ZBA #6029, and Chairman Dinizio confirmed that Board Members have received his letter. B. The Special Meeting was confirmed for: Sept. 27, 2007 5 PM at Town Annex, NFB 2"" Floor, Main Road & Youngs Avenue, Southold. Page 7 ~ Minutes Meeting held September 13, 2007 Southold Town Zoning Board of Appeals C. Discussion regarding letter received July 30, 2007 regarding Howard Waldman ZBA #5723 reauestina a 30-dav extension (Julv 31.2007 to Auaust 31. 2007\ to allow time to complv with ZBA Conditions #1. 2. 3 and 4 dated Julv 21.2005. (A Building Permit #31943-z was issued 4/27/2006 for a new dwelling, under construction; copies attached for Members.) A letter to the Building Inspector was authorized to be sent inquiring about status (more than 30 days has passed). D. New business (none). V. EXECUTIVE SESSION (none). * .. There being no other business properly coming before the Board at this time, Chairman Dinizio declared the meeting adjourned. The meeting was adjourned at 2:25 p.m. Respectfully submitted, A, ~da-cJ1'}v~, l(tKd~ kowalski Secretary, Board of Appeals 10/12/07 ames Dinizio, Jr., Chair n Approved for Filing 11"7/2007 '-- RECEIVED q. ~ 3:I-j:1n NOV - 9 20']7 -1(.(1). St9/;.-~JJ t2 lb~~' SO~own \;'le~1'