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Home My WebLink AboutZBA-08/02/2007 Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman ppr:7ll"'_ ~1:; .. ) ~c/> ""'0 ~~. fg' \!r~~. urm.~~}~ .~qm# http://southoldtown.northfork.net Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold. NY I] 971-0959 Office Location: Town Annex /First Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 APPEALS BOARD MEMBERS James Dinizio. .Ir.. Chairman ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, AUGUST 2, 2007 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the South old Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, August 2,2007 commencing at 9:30 A.M. Present were: James Dinizio, Chairman/Member Ruth D. Oiiva, Member Gerard P. Goehringer, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Kieran Corcoran, Assistant Town Attorney (10:30 +/- to 4:30) 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 (SEQRA): BOARD RESOLUTION: Motion was made by Member Oiiva, seconded by Member Goehringer, to declare the following Declarations: TVDe II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: NICK KATAPODIS (JOHN FRANKIS) #6027 DOROTHY DICKERSON PETERS #6053 DOUG DEY #6056 JANINA A. CASEY #6064 F. J. GERARD HOLDINGS LLC (SEIFERT CONSTRUCTION) #6059 ERIC and MARIA BULLIS #6055 SPYRO AVDOULOS #6060 DAVID SHERMAN #6063 CATHERINE DANERI #6029 RICHARD and CATHY REINKEN #6052 RUSSELL E. PLANITZER #6057 Page 2 - Minutes Meeting held August 2, 2007 Southold Town Zoning Board of Appeals ALBERT R. GREBE JR. #6043 CHRIS GIRZADAS #6061 MARK and PATRICIA LAMPL #6062 ADRIENNE LANDAU #6033 CINGULAR/EMFD #5826 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS: Chairman Dinizio opened each hearing. Each Legal Notice was read aloud concerning each application. 9:36 a.m. NICK KATAPODIS (JOHN FRANKIS) #6027. Appearing were: Pat Moore, Esq. for owner; Cathy Quigley, Swim King; J. Fischetti P.E. 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. (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 subject to the submission of four items discussed at Public Hearing from attorney for the applicant to ZBA for consideration. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:35 a.m. V. REEVE #6041. Fence height. Main Road, Greenport. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was made by Member Goehringer, seconded by Member Oliva to grant applicant's request for adjournment to September 13, 2007 at 9:30 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:36 a.m. DOROTHY DICKERSON PETERS #6053 by Gary Flanner Olsen, Esq. Request for a Variance under Section 280-124, based on the Building Inspector'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. (Please see transcript of written statements prepared under separate coveL) 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 (5-0). 10:46 a.m. DOUG DEY #6056 by D. Doty, Esq. Request for Variances under Section 280-121, based on the Building Inspector'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 building was erected in 1965 under a permit to alter and add to an existing garage with apartment above; the current plans indicate Page 3 - Minutes Meeting held August 2, 2007 Southold Tovm Zoning Board of Appeals II. PUBLIC HEARINGS Legal Notices were read for each hearing below: (continued): reconstruction of windows and doors, with decorative dormer 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 Permit#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. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Dinizio, seconded by Member Goehringer to close the hearing reserving decision subject to updated amended Notice of Disapproval. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11 :20 a.m. RESOLUTION (BREAK): Motion was offered by Member Weisman, seconded by Member Simon, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11 :35 a.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). Member Goehringer was absent during this resolution. 11 :35 a.m. JANINA A. CASEY #6064 by Dennis Oliver, Architect. Request for a Variance under Section 280-116B, based on the Building Inspector's June 17, 2007 Notice of Disapproval concerning proposed additions and alterations 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. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded by Members Weisman and Oliva to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11 :52 a.m. F.J. GERARD HOLDINGS LLC (SEIFERT CONSTRUCTION) #6059 by P. Moore, Esq.; Mark Schwartz, Architect. 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 total 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. (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 (5-0). 12:14 p.m. ERIC and MARIA BUllS #6055 by Nancy Dwyer. 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 Inspector's April 3, 2007 Notice of Disapproval concerning proposed additions to Page 4 - Minutes Meeting held August 2, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS Lega/ No/ices were read for each hearing below: (continued): 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. (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 (5-0). 12:20 p.m. SPYRO AVDOULOS #6060 by P. Moore, Esq. Request for a Variance under Section 280-116A, based on the Building Inspector's 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 the top of the bank or bluff adjacent to the Long Island Sound, at 54985 North Road, Greenport; CTM 44-1-5. (Please see transcript of written statements prepared under separate coveL) 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). 12:40 p.m. RESOLUTION (BREAK): Motion was offered by Member Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:05 p.m. RESOLUTION (RECONVENE): Motion was offered by Member Weisman, seconded by Member Goehringer, to reconvene. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent during this resolution. 1 :05 p.m. DAVID SHERMAN #6063 by R. Bohn. Requests 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, 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. (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 adjourn the hearing until 2:30 p.m. today. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:10 p.m. RESOLUTION (BREAK): Motion was offered by Member Weisman, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1: 23 p.m. RESOLUTION (RECONVENE): Motion was offered by Member Weisman, seconded by Member Goehringer, to reconvene. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5 - Minutes Meeting held August 2, 2007 South old Town Zoning Board of Appeals II. PUBLIC HEARINGS Legal Notices were read for each hearing below: (continued): 1 :23 p.m. KATHERINE DANERI #6029 by Bruce Anderson, SEC. Request for Variances under Sections 280-114, 280-15B, D, F, and 280-116 based on the Building Inspector'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 dweliing, after demolition of the existing building, proposed with a single side yard at iess 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. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded by Member Oliva to close oral testimony and extend written replies, from the applicant by August 10, 2007 and rebuttal reply by August 31,2007. (Also see September 13, 2007 Resolution to close entire written record. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:25 p.m. DAVID SHERMAN #6063 by R. Bohn, REOPENED. Requests 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, 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. (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: Ail. This Resolution was duly adopted (5-0). 3:28 p.m. RICHARD and CATHY REINKEN #6052 by Rob Hermann, En- Consultants. 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; CTM 98-1- 11.1. (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). 3:50 p.m. RUSSELL E. PLANITZER #6057 by S. Ham, Esq. Request for a Variance under Section 280-15, based on the Building Inspector's June 8, 2007 Notice of Disapproval concerning proposed additions and alterations to the Page 6 - Minutes Meeting held August 2, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS Legal Notices were read for each hearing below: (continued): 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. (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 ciose the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:52 p.m. ALBERT R. GREBE JR. #6043 by S. Ham, Esq. Request for Variances under Section 280-114, based on the Building Inspector'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 Residentiai Zone, and wili 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 dwelling 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. (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 duiy adopted (5-0). 3:57 p.m. CHRIS GIRZADAS #6061 by Architechnologies, Aggie Golding. 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 Inspector'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. (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 Resoiution was duly adopted (5-0). 4:02 p.m. MARK and PATRICIA LAMPL #6062 by Architechnologies Aggie Golding; Gail Wickham, EsqJopposition. Request for Variances under Sections 280-116A(1), 280-122, 280-124, based on the Buiiding Inspector'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. (Piease 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 oral testimony and extend time for possible reply to ZBA from applicant regarding Soil and Water Letter of Recommendations by August 17, 2007 and repiy in rebuttal from Gail Wickham, Page 7 - Minutes Meeting held August 2, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS Legal Notices were read for each hearing below: (continued): Esq., by August 31 ,2007. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 4:36 p.m. ANDRIENNE LANDAU (EDWARD FAGIN) Carryover #6033. A. Pasca, Esq.; Mr. Narofsky, Architect. Request for Variances under Sections 280-116 (formerly #1 00-239.4A-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 setback less than 100 feet of the top of the bluff adjacent to the Long Island Sound, at 855 Soundview Ave, Mallituck; 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 Member Oliva to close oral testimony and extend written replies, from the applicant by August 16, 2007. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 5:21 p.m. CINGULAR/EAST MARION FIRE DISTRICT carryover #5826 by L. Re, Esq., Mr. Corranachia, Engineer. Request for a Special Exception under Sections 280-69 and 280-70, concerning installation of a proposed public utility wireless teiecommunications facility at the premises by affixing wireiess 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 Goehringer to close the hearing pending receipt of information from Mr. Corranachia. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). .. * III. DELIBERATIONS/DECISIONS (none) * .. IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. The Chairman confirmed the Special Meeting for 6:00 p.m. Thursday August 16,2007, Town Annex Building, NFB, 2"' Floor, Youngs Avenue, Southoid. B. The Chairman confirmed the scheduled Regular Meeting at 9:30 a.m. Thursday, September 13, 2007, Town Meeting Hall, Main Road, Southold. C. Work Session Business: (No Action) 1. Former Interpretations (JD) reviews. 2. Discussions - ZBA file data reviews. 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 July 12, 2007. Vote of the Board: Ayes: Member Dinizio Page 8 - Minutes Meeting held August 2, 2007 Southold Town Zoning Board of Appeals (Chairman), Oliva, Goehringer, Simon and Weisman. This Resolution was duly adopted (5-0). ** . There being no other business properly coming before the Board at this time, Chairman Dinizio declared the meeting adjourned. The meeting was adjourned at 6:35 p.m. Respectfully submitted, >R.-~dttkhv{u... - t:itcfa Kowalski I) . J-07 Secretary, Board of Appeals mes Dinizio, Jr., C Approved for Filing i Ii i)/2007 Resolution date: 11 /5/2007 RECEIVED '\l- ~ 1I:13Q.m. ~2r . Southold Town ~