HomeMy WebLinkAboutZBA-11/15/2007
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
REGULAR MEETING
THURSDAY, NOVEMBER 15, 2007
Mailing Address:
Southold Town Hall
53095 Main Road. P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
RECEIVED
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Soufhold Town Cler' .
A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS
was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-
0959, on Thursday, November 15, 2007 commencing at 9:30 AM.
Present were:
James Dinizio, Chairman/Member
Ruth D. Oliva, Member
Gerard P. Goehringer, Member
Michael A Simon, Member
Leslie Kanes Weisman, Member
Linda Kowalski, ZBA Confidential Secretary
Erika Nadeau, Court Reporter
9:35 AM. Chairman Dinizio called the meeting to order.
The Board proceeded with the first item on the Agenda as follows:
1. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA):
BOARD RESOLUTION: Motion was made by Member Weisman, seconded by Member
Oliva, to declare the following Declarations: TYpe II Actions with no further steps
regarding requests setback, dimensional, lot waiver, accessory apartment, bed and
breakfast requests:
ROY W. ARGENT and LINDA ARGENT (LIFE ESTATE ELLSWORTH BAYLIS JR.)
ZBA #6086
LAURA SOLINGER ZBA#6087
NORTH FORK GREEN COMMUNITY ASSN. ZBA #6088
KENNETH A. and EVELYNN R. HAMILTON ZBA #6089
EDNA McNULTY (and JOHN C. DILLER and HOLLY M. DILLER) ZBA #6090
ILYA and EMILIA KABAKOV ZBA#6091
CHARLES S. WITCZAK ZBA #6092
CELESTE SHELVIN and PATRICIA BOOKE ZBA #6093
Page 2 - Minutes
Meeting held November 15, 2007
South old Town Zoning Board of Appeals
JON S. RAND ZBA#6085
PERI HOFFER HINDEN ZBA #6096
DANIEL HUME ZBA #6097
BRIAN and MERRY RETUS ZBA #6094
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
II. (Tabled to afternoon session for deliberations on LAURA A WElL #6078.
RESOLUTONS/DELIBERATIONS/DECISIONS:
PH 10/18 - Draof of landowner notification received 11/09: deliberations and
vote tabled to the afternoon session: . 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.
III. PUBLIC HEARINGS: The following public hearings were held, with Chairman
Dinizio introducing each application, and Member(s) reading the Legal Notice with a
brief introduction about the application:
9:35 AM. 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. BOARD RESOLUTION: (Please see transcript of
written statements prepared under separate cover.) 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).
10:06 AM. LAURA SOLINGER #6087. Bill Gorman of New England Homes,
Connie Cross Landscape Designer and Steve Muth for his wife Laura Solinger.
Opposing was Martin Soja, adjacent westerly landowner. 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 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. BOARD RESOLUTION: (please see transcript of written
Page 3 - Minutes
Meeting held November 15, 2007
Southold Town Zoning Board of Appeals
statements prepared under separate cover.) After receiving testimony, motion
was offered by Member Oliva, seconded by Member Simon, to close the hearing
reserving decision subject to applicant's submission of alternative diagrams for
consideration (relative to a smaller building, greatest setback possible). Vote of
the Board: Ayes: AlL This Resolution was duly adopted (5-0).
III. PUBLIC HEARINGS: The following public hearings were held, with Chairman
Dinizio introducing each application, and Member reading of the Legal Notice aloud for
each hearing, as published:
11:26 AM. NORTH FORK GREEK COMMUNITY ASSOCIATION #6088.
Michael Macrina, Architect. 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. BOARD RESOLUTION: (please see transcript of written
statements prepared under separate cover.) Mter 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).
11:39 AM. RESOLUTION (BREAK): Motion was offered by Member Goehringer,
seconded by Member Oliva, to take a short recess until 11:45 AM. Vote ofthe Board:
Ayes: All. This Resolution was duly adopted (5-0).
11:46 AM. RESOLUTION (RECONVENE): Motion was offered by Member Goehringer,
seconded by Member Oliva, to reconvene the meeting. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
III. PUBLIC HEARINGS. continued: The following public hearings were held, with
Chairman Dinizio introducing each application, and Member reading of the Legal
Notice aloud for each hearing, as published:
11:47 AM. KENNETH A and EVE LYNN R. HAMILTON #6089 by Rob
Lehnert. 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. BOARD RESOLUTION: (please see
transcript of written statements prepared under separate cover.) Mter 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).
11:53 AM. EDNA McNULTY (ref. Diller property line) #6090. HEARING NOT
HELD DUE TO LACK OF APPEARANCE; APPLICATION WAS TABLED TO A
Page 4 - Minutes
Meeting held November 15,2007
Southold Town Zoning Board of Appeals
FUTURE DATE: There was no appearance by applicant or agent, and the
application was tabled, pending proper notice and calendaring at a future date
(possibly January 24, 2008 after confirmation that applicant wishes to proceed).
It was also noted that two additional neighbor notices were not completed in
behalf of the application, nor the posting of the sign. This application was
advertised by the Town concerning a 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.
III. PUBLIC HEARINGS. continued: The following public hearings were held, with
Chairman Dinizio introducing each application, and Member reading of the Legal
Notice aloud for each hearing, as published:
11:54 A.M. ILYA and EMILIA KABAKOV #6091 by Frank Ullendal, Architect.
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. BOARD RESOLUTION: (Please see transcript of written statements
prepared under separate cover.) Mter receiving testimony, motion was offered
by Member Weisman, seconded by Member Oliva to close the hearing reserving
decision subject to applicant or agent submitting a brief letter addressing
questions raised at hearing and an interior viewing of the building (scheduled for
viewing only on Saturday, November 17, 2007). Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
12:18 P.M. CHARLES S. WITCZAK #6092 by Architecnologies (Erik) and Mr.
and Mrs. Charles S. Witzcak, and Irene Stulsky. 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/k/a North Road)
and 5000 Bridge Lane, Cutchogue; CTM 84-5-4.2. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.)
Mter receiving testimony, motion was offered by Member Goehringer, seconded
by Member Weisman to adjourn the hearing until December 20, 2007 as
requested by the applicant, pending consultation with the Town Attorney
Page 5 - Minutes
Meeting held November 15, 2007
Southold Town Zoning Board of Appeals
concerning jurisdictional or procedural questions raised by Board Member(s)
under the Building Inspector's reasons of disapprovaL Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
12:35 P.M. RESOLUTION (LUNCH): Motion was offered by Member Goehringer,
seconded by Member Weisman, to recess until 1 P.M. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
1: 10 P.M. RESOLUTION (RECONVENE): Motion was offered by Member Oliva,
seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
III. PUBLIC HEARINGS. continued: The following public hearings were held, with
Chairman Dinizio introducing each application, and Member reading of the Legal
Notice aloud for each hearing, as published:
1:10 P.M. CELESTE SHEVLIN and PATRICIA BOOKE #6093 Fred Weber,
Architect. 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 1020
Vanston Road, Cutchogue; CTM 104-12-11. BOARD RESOLUTION: Please see
transcript of written statements prepared under separate cover.) 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).
1: 15 P.M. JON S. RAND #6085 by P. Moore, Esq. 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. BOARD RESOLUTION:
(Please see transcript of written statements prepared under separate cover.)
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 duly adopted (5-0).
1:25 P.M. PERI HOFFER HINDEN #6096. P. Moore, Esq., Bob Tast, Architect
and Ken Robins, Builder). Request for a Variance under Sections 280-14 and
280-122, based on the Building Inspector's October 11, 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 Woodcliff Drive,
Mattituck; CTM 107-6-18. BOARD RESOLUTION: (Please see transcript of
written statements prepared under separate cover.) After receiving testimony,
Page 6 - Minutes
Meeting held November 15, 2007
Southold Town Zoning Board of Appeals
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 (5-0).
Ae:enda Item II - DELIBERATIONS/DECISION: The Board deliberated on the
following application and voted, and the original determination is on file with the
Southold Town Clerk pursuant to the requirements ofNYTL Section 267:
Approved with Condition - Laura A. Weil #6078 (PH held 10/18). Proof of
landowner notification was filed with the ZBA on 11/09/07.
III. PUBLIC HEARINGS. continued: The following public hearings were held, with
Chairman Dinizio introducing each application, and Member reading of the Legal
Notice aloud for each hearing, as published:
1:50 P.M. DANIEL HUME #6097 by S. Walker, Esq. and C. Thomas, Architect.
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 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. BOARD RESOLUTION: (please
see transcript of written statements prepared under separate cover.) 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).
2:16 P.M. BRIAN and MERRY RETUS #6094 by Patricia Moore, Esq. and
Michael Macrina, Architect. 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. BOARD
RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) 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 duly adopted (5-0).
(End of hearings, public meeting continues.)
***
IV. RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. NEXT MEETING DATE: Chairman Dinizio confirmed the next meet to be
held on Thursday, December 6, 2007, at 6 P.M. at the Town Annex Building, NFB, 2nd
Page 7 - Minutes
Meeting held November 15,2007
Southold Town Zoning Board of Appeals
Floor, Youngs Avenue, Southold. Also supplied to all members was a list of the 2008
ZBA Meetings, as well as the Regular Meeting at 9:30 a.m. Thursday, December 20,
2007, to be held at the Town Hall, Court Room/Meeting Hall, Main Road, Southold.
B. New business items (none).
C. APPROVAL OF MINUTES - RESOLUTION ADOPTED: Motion was offered
by Member Goehringer, seconded by Member Oliva, and duly carried, to
accept and authorize filing of Minutes with the Town Clerk's Office, as
prepared for ZBA Meetings held August 2, 2007 and November 1, 2007. Vote
of the Board: Ayes: All. This Resolution was duly adopted (5-0).
D. Work Session Reviews; also Discussion: Application Submissions. R-O-W
inspection discussed 11/27/07 9:00 a.m.
E. Resolution to set 2008 ZBA Meeting Dates (per schedule).
* * *
V. EXECUTIVE SESSION (none held).
* * *
There being no other business properly coming before the Board at this time, Chairman
Dinizio declared the meeting adjourned. The meeting was adjourned at 2:35 p.m.
Respectfully submitted,
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(,{lr{daK'ow9.lskl' i 1/,)1>07
Secretary, Board of Appeals
Included by Reference: Filed ZBA Decis'
Jam s Dinizio, Jr., Chao man
Approved for Filing
Resolution Accepting for Filing 12/6/2007
RECEIVED
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