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Home My WebLink AboutZBA-01/10/2008 SpecialAPPEALS BOARD MEMBERS James Dinizio. Jr., Gerard R Goehringer, ~:Lrman Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman http://southoldtown.northlbrk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES SPECIAL MEETING THURSDAY, JANUARY 10, 2008 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold. NY I 1971-0959 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 ZONING BOARD OF APPEALS was held at the Southold Town Annex (NFB) Building, Executive Board Room, Second Floor, 54375 Main Road, Southold, New York 11971-0959, on Thursday, January 10, 2008 commencing at 6:00 P.M. Present were: Gerard P. Goehringer, Chairman/Member Ruth D. Oliva, Member James Dinizio Jr., Member Michael A. Simon, Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Admin. Secretary 6:00 P.M. Chairman Goehringer called the meeting to order and proceeded, as follows: DISCUSSION: Chairman Goehringer discussed his recommendation for requesting Member Ohva's assistance during his absence as Chairman, and Members agreed that a Resolution should be placed for appointment of Vice Chairman. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Weisman, to appoint Member Oliva as Vice Chairman to fill in for the Chairman in his absence and deal with Special Counsel in litigation matters. Vote of the Board: Ayes: Member Goehringer (Chairman), Oliva, Simon, Weisman. Nay: Member Dinizio. This Resolution was duly adopted (4-1). 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: Page 2 - Minutes Special Meeting held January Southold Town Zoning Board of Appeals DENIED WITHOUT PREJUDICE ZBA File 6087 - Laura Solinger APPROVALS WITH CONDITIONS: ZBA File 6101 - Patricia Dawson ZBA File 6099 - Heinz and Brigitta Rosin APPROVALS AS APPLIED: ZBA File 6102 - Brewers Yacht Yard ZBA File 6103 - George and Efstratia Samaras ZBA File 6105 - Southold Park District ZBA File 6110 - Thomas and Mary Irene Marron END OF THE ROAD, LLC #6013. PH concluded 12/20/07. 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 building permit application are: (I) 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: 11500/11600/11700 Main Road (NYS Route 25) and John's (private) Road, Mattituck; CTM 122-3- 1.2, 2, 5.1 and 17. BOARD RESOLUTION: Motion was offered by Member Weisman, seconded by Member Ohva, to authorize the Chairman to send a letter to the Planning Board under ZBA #6013, indicating that an approval could be issued by ZBA with conditions, but not until after SEQRA, concerns for land-bank parking and stone surface parking, lighting at less than 5' in height, because there may be conditions with approval by the ZBA affecting the site plan elements. Vote of the Board: Member Goehringer (Chairman), Oliva, Simon, and Weisman. Nay: Member Dinizio. This Resolution was duly adopted (4-1). RESOLUTIONS/OTHER: A. RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Weisman, and duly carried to authorize advertising of the following applications in complete form for public hearings to be held on Thursday, January 24, 2008, to be held at the Southold Town Hall, 53095 Main Road, Southold: 9:30 A.M. CHARLES HILL #6111. Request for a Variance under Section 280-15, based on the Building Inspector's November 5, 2007 Notice of Disapproval concerning an as-built accessory shed in a yard other than the code-required rear yard, at 655 Lake Drive, Southold; CTM 80~3-20. 9:40 A.M. DEBRA LACHANCE #6133. Request for a Variance under Section 280-124, based on the Building Inspector's November 14, 2007 Notice of Disapproval concerning a proposed addition to the Page 3 - Minutes Special Meeting held January Southold Town Zoning Board of Appeals existing single-family dwelling, which is proposed less than 10 feet from the side yard, less than 25 feet for total side yard setbacks, and less than 35 feet from the front lot line, at 630 Ruch Lane, Southold; CTM 52-2- 26. 9:55 A.M. ROBERT and MARY KATE DIGREGORIO #6115. Request for Variances under Sections 280- 15B, 280-15C, 280-124, based on the Building Inspector's October 15, 2007 amended Notice of Disapproval concerning a proposed accessory garage on this 16,586 square foot lot. The new garage is proposed at 22 feet in height in a location at less than 20 feet from the side lot line, and less than 35 feet from the front lot line, at 1000 Oak Street (at Pierce Drive), Cutchogue; CTM 136-1-36. 10:05 A.M. RUSSELL E. PLANITZER #6112. Request for a Variance under Section 280-14, based on the Building Inspector's October 30, 2007 Notice of Disapproval concerning proposed alterations to an existing third-story living area in a single-family dwelling, for the reason that the Code limits construction to 2~ stories in height. Location of Property: South Side of Ocean View Avenue, Fishers Island; CTM 9-11-3.1. 10:25 A.M. JOHN CORBLEY #6119. Request for Variances under Sections 280-122, 280-124, based on the Building Inspector's October 4, 2007 Notice of Disapproval and Zoning Code Interpretation #5039 ONalz) concerning proposed additions and alterations to the existing single-family dwelling, which new construction will create a new nonconforming side yard setback, and will create an increase in the degree of nonconformance, when located less than 15 feet on one side yard and less than 35 feet for both side yard setbacks (total), at 680 Mason Drive, Cutchogue; CTM 104-7-3. 11:05 A.M. GARY GUJA #6116. Request for Variances under Sections 280-124 and 280-242A, based on the Building Inspector's September 17, 2007 Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling, which new construction will create a new nonconformance or increase the degree of nonconformance with setbacks totaling less than 35 feet on both side yards, at 372 Nodh Drive, Mattituck; CTM 106-6-29. 11:25 A.M. ROBERT and ERIN DICKERSON #6120. Request for a Variance under Sections 280-122A and 280-124, based on ZBA Interpretation #5039 (VValz Application) and the Building Inspector's November 16, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing dwelling, which new construction creates a new nonconformance or increase in the degree of nonconformance when located less than 50 feet from the front lot line and less than 15 feet on a side yard. Location of Property: 1600 Alvah's Lane, Cutchogue; CTM 102-4-8.1. 1:00 P.M. MILDRED ANN DIACK #6109. Request for a Variance under Section 280-116A.2, based on the Building Inspector's October 11, 2007 Notice of Disapproval concerning the location of a dwelling at less than 100 feet from the ordinary high water mark of the Long Island Sound, at 1840 Leeton Drive, Southold; CTM 58-2-11. 1:20 P.M. 1690 BAYVIEW ASSOCIATES #6117. Request for a Variance under Section 280-116B, based on the Building Inspector's November 5, 2007 Notice of Disapproval concerning proposed alterations to the existing first floor, new second-floor addition over the existing first floor, which new construction areas will be less than 75 feet from the bulkhead adjacent to Goose Creek, at 1690 Bayview Road, Southold; CTM 70-12- 37. 1:35 P.M. SANDFORD and ELIZABETH FRIEMANN #6114. Request for Variances under Sections 280- 116B and 280-124, based on the Building Inspector's amended November 26, 2007 Notice of Disapproval concerning proposed additions, swimming pool, and alterations to the existing single-family dwelling, which new construction: (a) will be less than 75 feet from the bulkhead adjacent to Cutchogue Harbor and (b) will exceed the code limitation of 20% maximum lot coverage. Location of Property: 1165 Old Harbor Road, New Suffolk; CTM 117-3-8.4. 1:50 P.M. RICHARD TRIPPTREE #6118. Request for a Variance under Section 280-124, based on the Building Inspector's September 7, 2007 Notice of Disapproval concerning a proposed porch addition which will be less than 40 feet from the front lot line, at 910 Wabasso Street, Southold; CTM 78-3-50.1. 2:05 P.M. FRANCIS J. COUTTS FAMILY TRUST by G. Hallenbeck III, Trustee #6098. (Continued hearing). Request for Lot Waiver to Unmerge. Location of Property: 10650 Sound Avenue at corner of Factory Avenue, Mattituck. CTM 142-1-3.2 and 3.3. Page 4 - Minutes Special Meeting held Januar Southold Town Zoning Board of Appeals 2:20 P.M. KINGA CRARY #6108. Requests for additions and alterations to accessory building with: 1) proposed habitable space for studio workshop as shown in the proposed layout of the accessory building, (2) proposed nonconforming 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. 3:00 P.M. 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 area of 40,000 square feet, and the area of CTM Parcel 1000-145-02-1.5 will be reduced from 20,877 square feet to 20,093 square feet, creating a greater degree of nonconformity, with a lot line change to enlarge CTM Parcel 1000-145-02-1.4 from 22,151 square feet to 22,936 square feet. Both parcels are currently nonconforming in lot size in the R- 40 Low-Density Residential Zone District, located at 160 and 240 Great Peconic Bay Boulevard, Laurel. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Oliva, Simon and Weisman. This Resolution was duly adopted (5-0). RESOLUTIONS/UPDATED REVIEWS/OTHER, continued: B. RESOLUTION ADOPTED: Motion was offered by Member Weisman, seconded by Member Oliva, to set the date of next Special Meeting for February 7, 2008 at 4:00 PM and cancel the Special Meeting set for February 14, 2008 at the Annex, NFB Building Main Road and Youngs Avenue, 2nd Floor Executive Board Room, Southold Vote of the Board: Ayes: Member Goehringer, (Chairman), Oliva, Dinizio, Simon, Weisman. This Resolution was duly adopted (5-0). C. RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Goehringer (Chairman), and duly carried, to accept and authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held December 6, 2007 and December 20, 2007. Vote of the Board: Ayes: Member Goehringer (Chairman), Oliva, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). D. WORK SESSION: 1) Chairman Goehringer discussed his interest in having our Department work via ZBA counsel regarding possible updates or changes to zoning code provisions (uses of buildings in residential areas, and other provisions). 2) There was a brief discussion regarding continued interest to attend and participate on an individual basis, however, the Chairman expressed the need for the individual board member(s) to furnish their suggestions through the ZBA before it is discussed as a code change. Chairman Goehringer discussed the interest of Supervisor Scott Russell regarding status of pending application(s). 3) ZBA Secretary Kowalski updated the Board Members regarding the staffs recent conversation after a telephone call by Vincent LaRocca concerning the Department's return of correspondence to Vincent LaRocca by mail. Board Members confirmed his/her recollection that the Scheublein hearing was concluded on 12/20/07, and that it was correct to return the letter from Mr. LaRocca rather than accepting it. An Executive Session was not held regarding pending litigation. Page 5 - Minutes ~ Special Meeting held January ~008 Southold Town Zoning Board of Appeals There being no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting adjourned at 7:40 P.M. Respectfully submitted, Linda Kowalski 01/15/2008 RECEIVED JAN 2 9 2008 Soutl*,old To~'m Clerk