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Home My WebLink AboutZBA-06/03/2004 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIV;:D <f-p );55' pM Ii '! 2. .'3Q08 ,. ,n /2 .'/l ~r( . -t'.""'-~'" http://southoldtown .northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY, JUNE 3, 2004 Sopt~., U T. . "" r"",.1. .. . '..-. .,',1 ..... -'. to '~i.~.K A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, June 3, 2004 commencing at 5:30 p.m. Present were: Ruth D. Oliva, Chairwoman/Member James Dinizio, Jr, Member Gerard P. Goehringer, Member Lydia A.Tortora, Member Vincent Orlando, Member Linda Kowalski, ZBA Assistant and Secretary 5:30 p.m. Chairwoman Oliva called the meeting to order. .. . Chairwoman Oliva offered a motion, seconded by Member Goehringer, and duly carried, to enter into Executive Session for the purpose of discussing pending litigation (M. Pisacano). This Resolution was duly adopted (5-0). 5:30 to 6: P.M. EXECUTIVE SESSION WAS HELD: The Board discussed updates regarding Zupa and Pisacano litigation matters with ZBA Special Counsel, Frank Isler. (No action was taken). . .. 6:00 P.M. Chairwoman Oliva offered a motion to return to the Regular Meeting session, seconded by Member Goehringer, and duly carried. This Resolution was duly adopted (5-0). DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following applications were decided, with the originai determinations filed with the Southold Town Clerk: Approva/s with Conditions: ZBA File 5518 - Alan Braverman ZBA File 5520 - Rosick/Sparkling Pointe LLC ZBA File 5521 - Robert Vitelli ZBA File 5522 - Efstathios and Maryann Katsoulas ZBA File 5523 - Peter and Arlene Manos ZBA File 5530 - David C. and Maria W. Patterson ZBA File 5494 - Matt-a-Mar Marina LLC Page 2 - Minutes Meeting held June 3, 2004 Southold Town Board of Appeals ZBA File 5530 - David C. and Maria W. Patterson ZBA File 5494 - Matt-a-Mar Marina LLC Approva/s as Applied: ZBA File 5519 - Paul Orlick ZBA File 5525 - Peter and Joann Hegermiller ZBA File 5526 - Anchor Lane LLC ZBA File 5527 - Mark and Carla Haynes ZBA File 5528 - Laurel Links Country Club ZBA File 5532 - Mario Rivelli ZBA File 4985 - Briarcliff Sod, Inc. RESOLUTIONS/OTHER ACTION: A. Motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to authorize advertisina of applications /n complete form for public hear/nos to be held on Thursdav. June 22, 2004, commencina at 9:30 AM: 9:30 AM DEBRA VICTOROFF #5334. Request for a Variance under Section 100-244, based on the Buildin9 Department February 11, 2003 Notice of Disapproval, amended April 20, 2004. Applicant proposes a dwelling less than 35 feet from the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM #54-5-55 & 29.1 (as one lot). 9:40 AM JOAN A. SAUNDERS #5537. Request for a Variance under Section 100-92, based on the Building Department's January 20, 2004 Notice of Disapproval. The applicant is proposing a lot with an area of less than 20,000 sq. ft., in a pending lot line change application, with a single side at less than 10 feet and total side yards at less than 25 feet. Location of Property: 1095 Franklinville Road, Laurel: CTM 125-2-3.1 and 4.1. 9:45 AM JEANNE VANBERGEN #5535. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's March 31, 2004 Notice of Disapproval, concerning a proposed addition. The reasons stated are that Section 100-242A and Interpretation in Appeal #5309 does not permit new nonconformance or increase in the degree of nonconformance, and Section 100-244 requires a minimum front yard setback of 35 feet. Location of Property: 555 Horton Avenue, Mattituck; CTM 141-1-26. 9:50 AM DAVID AND JANE STARWOOD #5534. Request for a Variance under Section 100-239.4B, based on the Building Department's April 8, 2004 Notice of Disapproval, concerning an as-built deck addition at less than 75 feet from the bulkhead, at 175 Sun Lane, Southold; CTM 76-1-13. 9:55 AM ELEFTERIOS MOUROUNAS #5543. Request for a Variance under Sections 100-242A and 100- 244, based on the Building Department's April 5, 2004 Notice of Disapproval concerning a proposed addition to the dwelling existing in a nonconforming location. The reasons stated are that Section 100-242A and Interpretation in Appeal #5309 does not permit new nonconformance or increase the degree of nonconformance, and Section 100-244 requires a minimum 35 ft. front setback. Location of Property: 985 Central Drive, Mattituck; CTM 106-2-27. 10:00 AM BRYAN VILLANTI and INGER BOYAJIAN #5540. Request for a Variance under Sections 100- 242A, 100-244, and 100-239.4B based on the Building Department's April 28, 2004 Notice of Disapproval concerning a proposed deck addition. The reasons stated are that Section 100-242A and Interpretation in Appeal #5309 does not permit new nonconformance or increase the degree of nonconformance, that Section 100-244 requires front and rear setbacks at a minimum of 35 feet and lot coverage at less than 20% for all building area, and that Section 100-239.4 requires a minimum 75 ft. setback from the bulkhead. Location of Property: 2400 Bay Avenue, East Marion; CTM 31-16-8. 10:05 AM THOMAS and LAURA NIGRO #5536. Request for a Variance under Sections 100-31C, 100-243 Page 3 - Minutes Meeting held June 3, 2004 Southold Town Board of Appeals and 100-33, based on the Building Department's March 15, 2004 Notice of Disapproval concerning a new deck to be added to an existing non-conforming accessory guest house. Section 100-243 states that a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. Section 100-31C states that a guest house is not a permitted use. Section 100-33 requires accessory buildings to be located in a rear yard, instead of a front yard. Location of Property: Montauk Avenue, Fishers Island; CTM 10-7-5. 10:10 AM KEVIN and SUSAN FERRELL #5538. Request for a Variance under Section 100-239.4A based on the Building Department's April 19, 2004 Notice of Disapproval, amended May 18, 2004. Applicants propose a deck addition and above-ground pool at less than 100 feet from the top of the Sound bluff, at 130 L10yds Lane, Mattituck; CTM 99-3-4.6. 10:15 AM JOHN WOLLE BEN #5539. Request for a Variance under Section 100-33C, based on the Building Department's January 26, 2004 Notice of Disapproval. Applicant proposes to demolish an existing building and to construct a new garage at less than 35 feet from the front lot line, at 705 Bridge Lane, Cutchogue: CTM 118-2-8. 10:20 AM GRAHAM HEAD #5541. Request for a Variance under Section 100-30A(3), based on the Building Department's May 3, 2004 Notice of Disapproval, concerning new additions at less than 15 ft. minirnum on a single side, at 1160 Goose Creek Lane, Southold; CTM 78-8-5.1. 10:25 AM DOMENICO RACANELLI #5542. Request for a Variance under Section 100-244, based on the Building Department's May 4, 2004 Notice of Disapproval concerning a proposed dwelling with attached garage at less than 35 ft. from the front and rear lot lines, and less than 10 feet on a single side yard, and with lot coverage in excess of the code limitation of 20% for all building area. Location of Property: 3300 Manhasset Avenue, Greenport: CTM 43-4-19. 10:30 AM ELAINE NESIN. Location of Property: 875 Gull Pond Lane, Greenport; CTM #35-4-28.42. Request for Variances under: #5548. Based on the Building Department's May 25, 2004 amended Notice of Disapproval, for relief of Condition #4, ZBA Appl. #2480 (Sarah Rausch) which Special Exception application was granted for dockage and mooring privileges for two yachts, with an agreement in 1978 to covenant be filed with the County Clerk, including a restriction that this property is prohibited for residential use, without prior Board of Appeals approval (The Special Exception authorized a shower, bulkhead, ramp and mooring float as requested); and #5533. Based on the Building Department's April 23, 2004 Notice of Disapproval, Section 100- 239.4B, for a dwelling proposed at less than 75 feet from the bulkhead. 10:40 AM JOHN J. CARWAY #5546. Request for a Variance under SecUon 100-244, based on the Building Department's May 24, 2004 Notice of Disapproval concerning a proposed deck at less than 35 feet from the rear property line, at 1350 Smith Drive North; CTM #76-2-9. 10:45 AM RIVERHEAD BUILDING SUPPLY #5544. Request for a Variance under Section 100-205.1C, based on the Building Department's February 3, 2004 Notice of Disapproval for placement of a (third) wall sign, at 74500 Main Road, Greenport: CTM 46-1-2.3. Zone District: Light Industrial Office. 10:50 AM PATRICIA BUERKLE #5545. Request for a Variance under Section 100-242A (ref, 100-244), based on the Building Department's May 3, 2004 Notice of Disapproval. Application proposes to construct a new porch with a setback at less than 35 feet to the front lot line, at 340 Private Road #3, Southold, CTM #70-6-5.1 11:05 AM SOUTH OLD FIRE DISTRICT/OMNIPOINT COMMUNICATIONS, INC, #5547. Request for a Variance under Section 100-1162B.3, concerning a new tower, proposed to replace the existing tower at a height in eXCess of the code's height limitation. The Building Department states that the antenna projects higher than 20 feet above the average height of 23 feet of buildings within 300 feet of the facility, The applicant is proposing 63 feet in height Location of Property: 55135 Main Road, Southold: CTM #62-2-11.1. Page 4 - Minutes Meeting held June 3, 2004 Soulhold Town Board of Appeals Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Orlando and Tortora. This Resolution was duly adopted (5-0). . . . Brief reviews of pending files and general discussions by Board Members followed. . . . There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 8:30 p.m. Respectfully submitted, 'V!'ndd 5tc1w~ - i{rrfda Kowalski Included by Reference: Filed ZBA Decisions (14) ~)ty-6J~ Ruth D. Oliva, Chairwoman Approved for Filing RECEIVeD c; P d~j:)fllJ{ JMl 3 r 2008 , , ~O~L:", S . .Id T" ,r' ~,', Oll\liU I..>'-'~"