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Home My WebLink AboutZBA-11/01/2007 Special APPEALS BOARD MEMBERS James Dinizio. Jr.. Chairman ~-Y7:7;::O~ d;..,>-' -<-?-t>.- :vi~~ \It SO{jlij;~" /r~.~..\.~.. l+ +H c/> ""'~ ~. f!i^ ~;q ~ .v ~!COUNT'1 ,,,~,i.t\! '-0-/J-aLf~J-{fJ 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, NOVEMBER 1, 2007 Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box 117'! Southold. NY 11971-0959 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 Southold Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971- 0959, on Thursday, November 1, 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 6:04 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 6077 - M. and B. Neumann ZBA File 6082 - Steve Sachman (Ray Nemchek, Architect was present.) Aoorovals as Aoolied: ZBA File 6074 - Gerald and Dorothy Wansor ZBA File 6065 - Albert and Susan Arias ZBA File 6080 - Joseph Finora and Mary Grace ZBA File 6084 - Daniel and Elaine O'Connell ZBA File 5926 - House of Daige (D. Doty, Esq. was present.) Page 2 - Minutes Meeting held November 1, 2007 Southold Town Board of Appeals Denial with Alternative Relief: ZBA File 6066 - Peter and Sharon Manganiello. (RLH Planning, R. Hill was present.) * * * RESOLUTIONSfUPDATED REVIEWS/OTHER A. Dates of ZBA Meetings for Remainder of 2007: 11/15 at 9:30 AM; 12/6 at 6 PM; 12/20 at 9:30AM. B. New business items (none). C. RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to accept and authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held September 13, 2007 and October 18, 2007. Vote of the Board: Ayes: Member Dinizio (Chairman), Oliva, Goehringer, Simon and Weisman. This Resolution was duly adopted (5-0). D. Work Session: Board Appointments (discussion, no action was taken) Work Session reviews, continued: Monthly Reports (RO, LKW, MS, GG) Town Board Committees: Planning & Zoning Code Committee LWRP Council Enforcement Committee Drainage Committee Hamlet Study Committees. E. Correspondence from Eugene L. Daneri requesting meeting to discuss Board's recent determination # 6029 (no action). F. RESOLUTION: Motion was offered by Member Oliva, seconded by Member Goehringer, and duly carried, to authorize advertising of the following aDDlications for Dubhc hearings to be held on Thursday, November 15, 2007, commencing at 9:30 A.M. 9:30 A.M. ROY W. ARGENT and LINDA ARGENT (LIFE ESTATE ELLSWORTH BAYLIS JR.) #6086. Request for Variances under Sections 280-122 and 280. 116B, based on the Building Inspector's September 10, 2007 Notice of Disapproval concerning a proposed new dwelling. After substantial demolition of the existing building, the new construction will be less than 35 feet from the rear lot line, less than 10 feet on a single side yard, less than 25 feet total side yard setbacks, and less than 75 feet from the bulkhead, at 6429 Indian Neck Lane, Peconic; CTM 86-6-23. 9:45 A.M. LAURA SOLINGER #6087. Request for a Variance under Zoning Code Sections 280-15 (A and B), based on the Building Inspector's March 14, 2007 Notice of Disapproval concerning a proposed Page 3 - Minutes Meeting held November 1, 2007 Southold Town Board of Appeals accessory garage which will be less than 10 feet from the side property line. The Building Inspector also notes that his determination has not been updated regarding the current accessory building code, as amended, concerning the height of the garage exceeding 18 feet. Location of Property: 13459 Oregon Road, Cutchogue; CTM 83-2-10.12. 10:05 AM. NORTH FORK GREEK COMMUNITY ASSOC1ATION #6088. Request for a Variance under Section 280-13, based on the Building Inspector's August 17, 2007 Notice of Disapproval concerning proposed additions and alterations to the existing church building which will be less than 60 feet from the front lot line, at 1950 Breakwater Road, Mattituck; CTM 106-9-6.1. 10:25 AM. KENNETH A and EVELYNN R. HAMILTON #6089. Request for Variances under Sections 280-15 and 280-124, based on the Building Inspector's September 10, 2007 Notice of Disapproval concerning an as-built (without permit) deck addition at less than 35 feet from the rear lot line and which new construction will create a side yard location for a portion of the accessory garage (garage is entirely in a rear yard). Location of Property: 145 Orchard Road, Southold; CTM 66-2-26. 10:40 AM. EDNA McNULTY (and JOHN C. DILLER and HOLLY M. DILLER) #6090. Request for a Variance under Zoning Code Section 280.18, based on the Building Inspector's July 26, 2007 Notice of Disapproval which states that the Bulk Schedule requires a minimum lot size of 40,000 square feet, and the proposed lot line change will create more conformity by increasing the size of CTM Parcel 1000- 145-02-1.4 from 22,151 square feet to 22,936 square feet, and will create more nonconformity by reducing the size of CTM Parcel 1000-145-02-1.5 from 20,877 square feet to 20,093 square feet. Both properties are nonconforming in lot size in the R-40 Low-Density Residential Zone District, located at 160 and 240 Great Peconic Bay Boulevard, Laurel. II:OO AM. ILYA and EMILIA KABAKOV #6091. Request for a Variance under Section 280-15 (B and F), based on the Building Inspector's June 19, 2007 Notice of Disapproval concerning proposed additions (as-built and new) to the existing accessory (storage/garage) building, which is not permitted at a height exceeding 22 feet in height and less than 25 feet from the side property line. Location of Property: 1700 Park Avenue, Mattituck; CTM 123-8-5. II:25 AM. CHARLES S. WITCZAK #6092. Request for a Variance under Section 280-14, based on the Building Inspector's September 11, 2007 Notice of Disapproval concerning a proposed single-family dwelling which is allowed on a lot size of 160,000 square feet, and this lot after yield calculations measures 102,667 square feet. The proposed dwelling use is in addition to an existing working farm with existing farm building uses, and therefore, two (principal) uses are not permitted. Location of Property: 26170 C.R. 48 (a/kla North Road) and 5000 Bridge Lane, Cutchogue; CTM 84-5-4.2. 1:00 P.M. CELESTE SHEVLIN and PATRICIA BOOKE #6093. Request for a Variance under Section 280-124, based on the Building Inspector's amended October 16, 2007 Notice of Disapproval concerning a proposed addition with alterations to the existing single-family dwelling, which new construction will be less than 40 feet from the front property line, at I020 Vans ton Road, Cutchogue; CTM I04- 12- I I. 1:10 P.M. JON S. RAND #6085. Request for a Variance under Section 280-15, based on the Building Inspector's August 20, 2007 Notice of Disapproval concerning an as-built (without permit) accessory shed and accessory deck addition in a location set back at less than five feet from the lot line, at 2975 Cedar Beach Road, Southold; CTM 91-1-2. 1:25 P.M. PERI HOFFER HINDEN #6096. Request for a Variance under Sections 280-14 and 280- 122, based on the Building Inspector's October II, 2007 Amended Notice of Disapproval and Zoning Interpretation ZBA #5039 (Walz) concerning proposed additions and alterations to the existing single- family dwelling. A front porch is proposed at less than 50 feet from the front lot line, and the second- story addition will be an increase in the degree of nonconformance when located less than 50 feet from the front lot line. Location of Property: 1255 WoodcliffDrive, Mattituck; CTM 107-6-18. 1:50 P.M. DANlEL HUME #6097. Request for a Variance under Section 280-14, based on the Building Inspector's October 1, 2007 Notice of Disapproval concerning a third-story to a single-family dwelling (under construction and subject to Building Permit #33295-Z). The Building Inspector notes Page 4 - Minutes Meeting held November 1, 2007 Southold Town Board of Appeals that the proposed construction shown on plans submitted September 19, 2007 reflect a third-story instead of 2.5 stories, at 14216 Oregon Road, Cutchogue; CTM 72-2-5. 2:15 P.M. BRIAN and MERRY RETUS #6094. Request for a Variance under Section 280-116A(I), based on the Building Inspector's September 28, 2007 Notice of Disapproval concerning a proposed second-story deck addition to the dwelling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 235 Soundview Road, Orient; CTM 15-3-4. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon, and Weisman. This Resolution was duly adopted (5-0). * * * EXECUTIVE SESSION: Litigation was updated and a brief discussion followed regarding recent service of the following matters: Daneri v_ ZBA; Zupa v. ZBA and Paradise Point Association Order to Show Cause with Petition, Supplemental Summons and Complaint: It was also noted that Frank Isler, Esq. is the contact person for litigation matters representing the ZBA in these matters. * * * There being no other business properly coming before the Board at this time, Chairman Dinizio declared the meeting adjourned. The meeting adjourned at 7:05 P.M. Respectfully submitted, ::R.-da i!dlU~' (/~ Kowalski 11/7/2007 \... ames Dinizio Jr., Ch rman Approved for Filing II i 1~/2007 Resolution Date: 11/15/2007 RECEIVED 'l' ~ /;:l3o.m. ~Cl., . Southold TownLf::::