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Home My WebLink AboutZBA-12/06/2007 Special . ~ ~ . APPEALS BOARD MEMBERS James Dinizio. Jr.. Chairman Gerard 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 Office Location: Town Annex /First Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 http://southoldtown.northfork.net ",:errOlc" ~ ~e/ [\.._...."...u V ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765-9064 /: 'I~/II( '^\' )" 2008 ~J ,:. l L.'. ~~02;kl"'/I#' Scc~tdJ TV;/r! Chrk MINUTES SPECIAL MEETING THURSDAY, DECEMBER 6,2007 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, December 6, 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 Admin. Assistant 6:05 P.M. Chairman Dinizio called the meeting to order and proceeded with the agenda, as follows: RESOLUTION TO REOPEN BONAGURA HEARING #6081. This application has been incomplete pending requested information.) On the Board's own Motion, Member Goehringer offered a motion, seconded by Member Weisman, to reopen hearing regarding File #6081 without a new hearing date, pending submission of written floor area calculations and related information requested by Board Members of the Applicant's Architect during the 10/18/07 public hearing. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon, and Weisman. This Resolution was duly adopted 5.0. ANTHONY BONAGURA and BARBARA BONAGURA #6081: (Await architect's data regarding square footages of former livable floor area.) Applicant requests a Special Exception under Section 280-13B of the Zoning Code for an Accessory Apartment (as-built/without permits) with owner-occupancy in the existing single- family dwelling, with recent additions and enlargement (open Building Permit #32609-z), at 900 Holbrook Lane, Mattituck; CTM 113-6-11. Page 2 - Minutes . Meeting held December 6, 200 Southold Town Board of Appeals . DELIBERATIONSIDECISIONS. 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: Approvals with Conditions: ZBA File 6085 - Jon S. Rand ZBA File 6086 - Roy W. Argent and Linda Argent (Life Estate Ellsworth Baylis Jr.) ZBA File 6088 - North Fork Greek Community Association ZBA File 6089 - Kenneth A. and Evelynn R. Hamilton ZBA File 6097 - Daniel Hume ZBA File 6094 - Brian and Merry Retus Approvals as Applied: ZBA File 6093 - Celeste Shevlin and Patricia Booke ZBA File 6096 - Peri Hoffer Hinden Denial! Grant of Alternate Relief ZBA File 6091- Ilya and Emilia Kabakov. Other Action: ZBA File # 6087 - Laura Solinger: RESOLUTION ADOPTED: Motion was made by Member Oliva, seconded by Member Weisman, to accept written material offered into the file between November 15 and December 5, 2007, concluding the written record, and commencing time for deliberations and possible decision. The deliberation session was carried over to December 20, 2007 for a possible decision. * * * RESOLUTIONS/OTHER: A. Motion was offered by Member Goehringer, seconded by Member Oliva, and duly carried to authorize advertising of the following applications in complete form for public hearings to be held on Thursday, December 20, 2007, commending at 9:30 AM. 9:30 A.M. END OF THE ROAD, LLC #6013. Request for Variances under Sections 280.49 and 280. 78B.!, 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 building permit application are: (1) one of the two buildings will be less than 25 feet from the side property line, after demolition of existing buildings, 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.I. The existing buildings are proposed to be demolished. Location of Property: 11500/11600111700 Main Road (NYS Route 25) and John's (private) Road, Mattituck; CTM 122-3-1.2, 2, 5.1 and 17. 10:00 A.M. BREWERS YACHT YARD #6102. Request for Variances under Sections 280.15 and 280. 116B, based on the Building Inspector's September 24, 2007 Notice of Disapproval concerning a Page 3 - Minutes . Meeting held December 6, 200 Southold Town Board of Appeals . proposed accessory pavilion 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. 10: 10 A.M. PATRICIA DAWSON #6101. Request for Variances under Sections 280-114 and 280-116B, based on the Building Inspector's October II, 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; also known as Lot 2 on the Map of High House Woods; CTM 86-7-7.2. 10:25 A.M. HEINZ and BRIGITTA ROSIN #6099. 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. 10:50 A.M. PHILLIP & JENNIFER STANTON #5948 (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 11:00 A.M. KENNETH G. SCHEUBLEIN #6079 (PH 10/18 carryover for additional information) regarding a proposed accessory garage and shed in an area other than the code-required rear yard, at 105 West Creek Avenue (also Pequash Avenue and Old Pasture Road), Cutchogue; CTM 103-13-20.1. 1:00 P.M. CHARLES WITCZAK # 6092 (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. 1:10 P.M. GEORGE and EFSTRATIA SAMARAS #6103. 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. 1:20 P.M. ANNE STEPNOSKI #6104. 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 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. 1:40 P.M. SOUTHOLD PARK DISTRICT #6105. 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. 1:50 P.M. KINGA P. CRARY #6108. 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. 2:10 P.M. THOMAS and MARY IRENE MARRON #6110. 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 Page 4 - Minutes . Meeting held December 6, 200 Southold Town Board of Appeals . be less than less than 15 feet on a single side yard, at 3125 Wells Avenue, Southold; CTM 70-4-10. 2:20 P.M. FRANCIS J. COUTTS FAMILY TRUST by G. Hallenbeck Ill, Trustee #6098. 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-IIA 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. 2:40 P.M. ROMANELLI REALTY INC. #6100. 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, concerning a proposed contractor's yard and three principal buildings on this 63,338 square foot lot. The Building Inspector states that: (I) 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 lot line. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon, and Weisman. This Resolution was duly adopted (5-0). *** RESOLUTIONSIUPDATED REVIEWS/OTHER: A. RESOLUTION ADOPTED: Motion was made by Member Oliva, seconded by Member Goehringer, to authorizing publication of hearings for December 20.2007 Regular Meeting, commencing at 9:30 A.M. Town Hall, Main Road. Vote of the Board: Ayes: Member Dinizio (Chairman), Oliva, Goehringer, Simon, Weisman. This Resolution was duly adopted (5-0). B. RESOLUTION ADOPTED: Motion was offered by Member Goehringer, seconded by Member Dinizio (Chairman), and duly carried, to accept and authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held November 15, 2007. Vote of the Board: Ayes: Member Dinizio (Chairman), Oliva, Goehringer, Simon and Weisman. This Resolution was duly adopted (5-0). C. NEXT SPECIAL MEETING: The next Special Meeting was confirmed for January 10, 2008 at 6 P.M. Special Meeting, Town Hall Annex, Executive Board Room. D. WORK SESSION REVIEW DISCUSSION: Discussion was held regarding the sequence of documents scanned by Records Management on the Laser Fiche system (last lists dated 2005 and October 2006). The Chairman asked the Board Secretary to distribute the 2006 list to the Members, and asked Board Members to review it regarding the sequence of documents for scanning and further discussion at the next meeting. Page 5 - Minutes . Meeting held December 6, Southold Town Board of Appeals . E. MONTHLY REPORTS (RO, LKW, MS, GG) Town Board Committees: Planning & Zoning Code Committee LWRP Council Enforcement Committee Drainage Committee Hamlet Study Committees. EXECUTIVE SESSION was held to discuss updates regarding new and pending litigation (Zupa, Aliano and Daneri). No action was taken. *** There being no other business properly coming before the Board at this time, Chairman Dinizio declared the meeting adjourned. The meeting adjourned at 7:35 P.M. Respectfully submitted, 'i 0/1MfAfwcdd< - Linda Kowalski 12/7/2007 ~/ llrard P. Goehringer, Chair Approved for Filing 1/ II /20 8 Resolution Date: 1/10/2008 ,/ RECEIVCD I- ~ /:</.5 pm JAN 2 3 2008 PjJ~ort..,'JJ... Soulr.,>ld TuVJ'Il Cle.k