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Home My WebLink AboutZBA-12/20/2007 .~ v . APPEALS BOARD MEMBERS James Dinizio, Jr., Chairman G2"1 ard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman . Mailing Address: Southold Town Hall 53095 Main Road' P.O. Box 1179 Southold, NY 11971-0959 Otfice Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.nel RECEIV;;O ..tfc-L-.~ 1/4/5,0/11 EY.jAN 2 3 ~08.. ,.~q~ SOufteld Tc';;n Clerk ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, DECEMBER 20, 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, December 20, 2007 commencing at 9:30 A.M. Present were: James Dinizio, Chairman/Member Ruth D. Oliva, Member Gerard P. Goehringer, Member Michael A. Simon, Member Leslie Kanes Weisman, Member (9:30 a.m. -1:00 p.m.) Kieran Corcoran, Assistant Town Attorney (9:45 a.m. - 1 :00; 1:45-5:15p.m.) Linda Kowalski, ZBA Admin. Secretary Erika Nadeau, ZBA Court Reporter 9:30 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: END OF THE ROAD, LLC #6013 BREWERS YACHT YARD #6102 PATRICIA DAWSON #6101 HEINZ and BRIGITTA ROSIN #6099 KENNETH G. SCHEUBLEIN #6079 CHARLES WITCZAK #6092 GEORGE and EFSTRATIA SAMARAS #6103 ANNE STEPNOSKI #6104 SOUTHOLD PARK DISTRICT #6105 KINGA P. CRARY #6108 Page 2 - Minutes Meeting held December 20, 2007 Southold Town Zoning Board of Appeals . . THOMAS and MARY IRENE MARRON #6110 FRANCIS J. COUTTS FAMILY TRUST BY G. Hallenbeck III, Trustee #6098 ROMANELLI REAL TV INC. #6100 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. RESOLUTONS/DELlBERATIONS/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: PH held 11/15 with written extended to 12/5. ZBA #6087 - LAURA SOLINGER - 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. Tabled until next meeting. 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: 9:32 A.M. END OF THE ROAD, LLC #6013 by Daniel C. Mooney Esq., also sons Brendan Mooney, Ciernan Mooney and Maureen Mooney speaking. Request for Variances under Sections 280-49 and 280-78B-I, based on the Building Inspector's November 19, 2007 amended Notice of Disapproval concerning proposed construction of two buildings (with retail, office and bank space in this B-General Business Zone District. The reasons for disapproving the buiiding permit application are: (1) one of the two buildings will be less than 25 feet from the side property line, after demolition of existing buiidings, and (2) the accessory parking area is located in an R-40 Residential Zone District, which the code states is permitted upon approval of the Board of Appeals under Section 280-78-B-1. The existing buildings are proposed to be demolished. Location of Property: 11500/11600/11700 Main Road (NYS Route 25) and John's (private) Road, Mattituck; CTM 122-3-1.2, 2, 5.1 and 17. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Oliva, seconded by Chairman Dinizio, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:20 A.M. BREWERS YACHT YARD #6102 by Ted Angell, Alpha Consulting. Request for Variances under Sections 280-15 and 280-116B, based on the Building Inspector's September 24, 2007 Notice of Disapproval concerning a proposed accessory paviiion structure at an amended height which will exceed the code limitation of 22 feet as per amended plan and in a location at less than 75 feet to the bulkhead, at 500 Beach Road, Greenport; CTM 43-3-2. Zone District: Marine II. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion Page 3 - Minutes Meeting held December 20,2007 Southold Town Zoning Board of Appeals . . 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: 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). 10:25 A.M. PATRICIA DAWSON #6101 by Patricia C. Moore, Esq. Request for Variances under Sections 280-114 and 280-116B, based on the Building Inspector's October 11, 2007 Notice of Disapproval concerning proposed as-built additions and alterations to the existing dwelling, which construction is less than 75 feet from the bulkhead and less than 20 feet on a single side yard. Location of Property: 7940 Indian Neck Lane, Peconic; aiso known as Lot 2 on the Map of High House Woods; CTM 86-7-7.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) 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 (5-0). 10:38 A.M. HEINZ and BRIGITTA ROSIN #6099. Janet Gesea, Esq. and Mr. Rosin. Request for Variances under Section 280-124, based on the Building Inspector's September 21, 2007 Notice of Disapproval concerning as-built addition(s) and alterations to the existing single-family dwelling with a single side yard setback at less than 15 feet and rear yard at less than 50 feet at 5610 Peconic Bay Boulevard, Laurel; CTM 128-2-10. 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). 10:45 A.M. RESOLUTION (BREAK): Motion was offered by Member Goehringer, seconded by Chairman Dinizio, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11 :05 A.M. RESOLUTION (RECONVENE): Motion was offered by Member Weisman, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11 :05 A.M. PHILLIP and JENNIFER STANTON #5948 by Patricia C. Moore, Esq. (PH 10/18 carryover for additional information) regarding proposal to relocate a barn with proposed additions, and proposed alteration for use as an accessory building with owner's private game room, adding bathroom facilities and a fireplace, at 522 Town Creek Lane, Southold; CTM 64-1-14.7 BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Member Weisman, seconded by Member Oliva, to adjourn without a date as per request received by 12/7/07 letter submitted in behalf of the applicant. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 4 - Minutes Meeting held December 20, 2007 Southold Town Zoning Board of Appeals . . Ill. 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 :08 A.M. KENNETH G. SCHEUBLEIN #6079. Deborah Doty, Esq., and Kenneth G. Scheublein, speaking; V. Larocca speaking, and Patricia C. Moore, Esq. representing Mr. Larocca, speaking in opposition. (PH 10/18 carryover for additional information) regarding a proposed accessory garage and shed in an area other than the code-required rear yard, Location of Property: 105 West Creek Avenue (also Pequash Avenue and Old Pasture Road), Cutchogue; CTM 103-13-20.1. 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). 12:36 P.M. RESOLUTION (BREAK): Motion was offered by Member Weisman, seconded by Member Goehringer, to recess for a break. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1 :08 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 (4-0). Member Weisman was absent. 1:08 P.M. CHARLES WITCZAK # 6092. Abigail A. Wickham, Esq. and Michael Verity, Chief Building Inspector. (PH 11/15 carryover for additional information) regarding a proposed dwelling and existing barns, at the southeast corner of C.R. 48 and 5000 Bridge Lane, Cutchogue; CTM 84-5-4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Weisman was absent. 1:10 P.M. GEORGE and EFSTRATIA SAMARAS #6103 by Patricia C. Moore, Esq. Request for Variances under Sections 280-122 and 280-244, based on the Building Inspector's October 26, 2007 Notice of Disapproval concerning a proposed second-story addition to the existing dwelling, which new construction will increase the degree of nonconformance when located less than 35 feet from the rear property line. Location of Property: 2100 Naugles Drive, Mattituck; CTM 99-5-25. 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 (4-0). Member Weisman was absent. 1 :30 P.M. ANNE STEPNOSKI #6104 by Robert Strom ski, Architect. Request for Variances under Sections 280-122 and 280-124, based on the Building Inspector's September 27, 2007 Notice of Disapproval and Zoning Interpretation #5039 (Walz) concerning a proposed second-story addition and alterations to the Page 5 - Minutes Meeting held December 20, 2007 Snuthold Town Zoning Board of Appeals . . 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: existing dwelling, which will be an increase in the degree of nonconformity when the rear yard and front yard setbacks are less than 35 feet. Also proposed are additions at less than the code required 35 feet rear setback and front setback (new nonconformities) under the code requirements. Location of Property: 1025 Cedar Road, Southold; CTM 78-7-35. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) RESOLUTION ADOPTED: Motion was offered by Member Goehringer, seconded by Member Oliva, to close the hearing as to oral testimony and to extend the written portion for: (a) written questions to be submitted by Mr. and Mrs. Abrams (as per letter delivered 12/20/07) within the nex1 two weeks, (b) answers to the Abrams' questions in writing within two weeks by the applicant/agent, as well as submission of seven (7) prints of a proposed demolition drawing or plan requested by Members during the hearing (Plan D-1). Vote of the Board: Ayes: Members Goehringer, Oliva and Simon. Nay: Chairman Dinizio. Member Weisman was absent. This Resolution was duly adopted: 3-1-1. 1 :47 P.M. SOUTH OLD PARK DISTRICT #6105 by Edward John Boyd, V, Esq., Linda Bertani, and Brett Kehl, Designer in behalf of the applicant. Request for a Variance under Section 280-14, based on the Building Inspector's November 9, 2007 amended Notice of Disapproval concerning proposed additions and alterations to an existing building at less than the code-required minimum of 60 feet from the front lot line. Location of Property: 5345 South Harbor Road, Southold; CTM 87-1-18.7. 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, pending roof diagram showing removal of roof from applicant's designer, and possible submission of photos from Mrs. Livinis. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Weisman was absent. 2:42 P.M. KINGA P. CRARY #6108 by Gordon Price, Designer. Request for Variances under Sections 280-13 and 280-15, based on the Building Inspector's October 24, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing accessory building for use as the owner's studio/workshop. The Building Inspector states that the following are not permitted under the Zoning Code for accessory buildings: (1) habitable space as shown in the proposed layout of the accessory building, (2) setbacks from the side and rear lot lines at less than three feet, and (3) proposed dormers exceeding 40% of the roof width. Location of Property: 355 Skippers Lane, Orient; CTM 24-2-4. 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 adjourn the hearing until January 24, 2008 with confirmation by December 27, 2007, as to whether or not applicant will require additional time to complete the hearing with related testimony. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Weisman was absent. Page 6 - Minutes Meeting held December 20, 2007 Southold Town Zoning Board of Appeals . . Ill. 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: 3:20 P.M. RESOLUTION (BREAK): Motion was offered by Member Oliva, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Weisman was absent. 3:30 P.M. 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 (4-0). Member Weisman was absent. 3:30 P.M. THOMAS and MARY IRENE MARRON #6110 by G. Strang, Architect. Request for Variances under Sections 280-124B and 280-124, based on an application for a building permit and the Building Inspector's September 27, 2007 Notice of Disapproval, concerning a proposed addition to the existing dwelling as living area (instead of garage area applied for under ZBA #5797-2005), which addition as modified will be less than less than 15 feet on a single side yard, at 3125 Wells Avenue, Southold; CTM 70-4-10. 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 (4-0). Member Weisman was absent. 3:44 P.M. FRANCIS J. COUTTS FAMILY TRUST by G. Hallenbeck III, Trustee #6098. Michelle Jablonsky, Esq. and G. Hallenbeck. This is an application for a Lot Waiver, concerning a 16,599 square foot lot, merged as a single parcel as noted in the Building Inspector's September 6, 2007 Notice of Disapproval, under Section 280-11A to unmerge 10,007 square feet (CTM 142-1-3.2 vacant land) for the purpose of building a future dwelling, and 6,592 square feet (CTM 142-1-3.3 with a dwelling). Location of Property: 10650 Sound Avenue at corner of Factory Avenue, Mattituck. 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 adjourn the hearing until January 24, 2008 to allow additional time for applicant to prepare financial loss information, for submission into the record and final hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Weisman was absent. 4:21 P.M. ROMANELLI REAL TV INC. #6100 by Garrett Strang, Architect. Other speakers: Jean Genovese, William Bauer, Reno Cappello and Tony Sturken. Location of Property: 36660 Route 25, Cutchogue; CTM 97-3-3.1 (formerly 97-3- 3). Request for Variances under Sections 280-42A and 280-43A & C, based on the Building Inspector's November 19, 2007 amended Notice of Disapproval, Page 7 - Minutes Meeting held December 20,2007 Southold Town Zoning Board of Appeals . . Ill. 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: concerning a proposed contractor's yard and three principal buildings on this 63,338 square foot lot. The Building Inspector states that: (1) pursuant to the Bulk Schedule, one use per 80,000 square feet is allowed in the Limited Business (LB) Zone, and the proposed construction (three buildings) is not permitted on a lot containing less than 240,000 square feet, for the reason that the proposed three buildings constitute three distinct uses; and (2) proposed Building #1 is not permitted with linear frontage exceeding 60 feet; (3) proposed Building #1 is not permitted at less than 100 feet from a right-of-way of NYS Route 25; (4) proposed Building #2 is not permitted at less than 75 feet from a rear property line; and (5) proposed building #3 is not permitted at less than 20 feet from a side Jot line. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Goehringer, seconded by Member Simon, to adjourn for a future date pending updates and maps requested during the hearing from the applicant's architect. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Weisman was absent. (End of hearings, public meeting continues.) . .. IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. DELIBERATIONS/DECISION: APPROVED AS APPLIED: ZBA #6092 - Charles Witczak B. Chairman Dinizio confirmed the Special Meeting for 6:00 p.m. Thursday, January 10, 2008, at the Town Annex Buiiding, NFB, 2"" Floor, Youngs Avenue, Southold. C. Chairman Dinizio also confirmed the next Regular Meeting scheduled for 9:30 a.m. Thursday, January 24, 2008, to be held at the Town Hall, Court Room/Meeting Hall, 53095 Main Road, Southold. .. . Page 8 - Minutes Meeting held December 20,2007 Southold Town Zoning Board of Appeals . . There being no other business properly coming before the Board at this time, Chairman Dinizio declared the meeting adjourned. The meeting was adjourned at 5:15 p.m. Respectfully submitted, ~...I; VfW~' ~tc;~al&r Pf/~/2008 rd P. Goehringe, ha man 1 710/2008 pproved for Filing Resolution Accepting for Filing 1/ /2008 RECEIVeD ...p-d / .~ '-(s- fl H1 JAN 2 3 2008 a~a2;k..,:l4, SOllihold Y"wn Clerk