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HomeMy WebLinkAboutZBA-01/24/2008 APPEALS BOARD MEMBERS James Dinizio. Jr. Gerard P. Goehringer, Chairman Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman http://southoldtown.north f ark .net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 Mailin? Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold. NY 11971-0959 OtTice Location: Town Annex IFirst Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 \ RECEIVED I- ~ Ct:';)0 .'2. EY~Cl.?:/:.,..'Ji., -S~oW' Town C'eri MINUTES REGULAR MEETING THURSDAY, JANUARY 24,2008 A Regular Meeting of the SOUTH OLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, January 24, 2008 commencing at 9:30 A.M. Present were: Gerard P. Goehringer, Chairman/Member Ruth D. Oliva, Member James Dinizio. Member Michael A. Simon, Member Leslie Kanes Weisman, Member Linda Kowalski. ZBA Confidential Secretary Erika Nadeau, ZBA Court Reporter 9:36 A.M. Chairman Goehringer called the meeting to order with the Pledge of Allegiance. 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: CHARLES HILL #6111 DEBRA LACHANCE #6133 ROBERT and MARY KATE DIGREGORIO #6115 RUSSELL E. PLANITZER #6112 JOHN CORBLEY#6119 GARY GUJA #6116 ROBERT and ERIN DICKERSON #6120 MILDRED ANN DIACK #6109 1690 BAYVIEW ASSOCIATES #6117 SANDFORD and ELIZABETH FRIEMANN #6114 RICHARD TRIPPTREE #6118 FRANCIS J. COUTTS FAMILY TRUST by G. Hallenbeck III, Trustee #6098 Page 2 - Minutes Regular Meeting held January 24,2008 Southold Town Zoning Board of Appeals KINGA CRARY #6108 EDNA McNULTY (and JOHN C. DILLER and HOLLY M. DILLER) #6090 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. RESOLUTONS/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: PH 12/20 with written extended to 1/18/08 ZBA # 6104 - ANNE STEPNOSKI: (1) Resolution to accept written material offered into the file between December 20, 2007 and January 18, 2008, in order to commence deliberations and decision process; (2) Possible Deliberations and Table Resolution for Decision to February 7, 2008 Meeting. This application requests 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. RESOLUTION ADOPTED: Motion was offered by Member Weisman, seconded by Member Oliva to accept for the record the written information (requested by the Board during the public hearing), as submitted. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). III. PUBLIC HEARINGS: Goehringer introducing each published: The following public hearings were held, with Chairman application, and Member reading of the Legal Notice as 9:30 A.M. CHARLES HILL #6111. Request for a Variance under Section 280-15, based on the Building Inspectorts 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. 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). 9:48 A.M. DEBRA LACHANCE #6133. Robert Lehnert, Architect. 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 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. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close Page 3 - Minutes Regular Meeting held January 24, 2008 Southold Town Zoning Board of Appeals the hearing, reserving decision. Vote of The Board: Ayes: All. This Resolution was duly adopted (5-0). IV. RESOLUTIONSIUPDATED REVIEWS/OTHER: A. APPROVAL OF MINUTESIRESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to accept and authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held January 10, 2008. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). B. Chairman Goehringer confirmed the next Special Meeting 6:00 PM to be held on Thursday, February 7, 2008 4:00 PM, Town Hall Annex, NFB 2nd Floor Executive Board Room. C. Chairman Goehringer confirmed the next Regular Meeting for February 28, 2008, commencing at 9:30 AM, Town Hall, 53095 Main Road, Southold. D. Work Session Reviews: Email procedures were discussed. The Chairman confirmed that when emails are involved which request additional information, an email would be clipped on the front of the Town Official File and then the email would be removed when the information requested was submitted. PUBLIC HEARINGS. CONTINUED FROM III. above: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 9:56 A.M. ROBERT and MARY KATE DIGREGORIO #6115 by Denise Heyse. 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. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairman Geohringer, seconded by Member Oliva, to close oral testimony and extend the written to February 7,2008 with submission by January 31, 2008. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:18 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 27\ stories in height. Location of Property: South Side of Ocean View Avenue, Fishers Island; CTM 9-11-3.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 4 - Minutes Regular Meeting held J an uary 24, 2008 Southold Town Zoning Board of Appeals 10:30 A.M. JOHN CORBLEY #6119 by Jim Fitzgerald, Proper-T-Permits. 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 (Walz) 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 5 feet for both side yard setbacks (total), at 680 Mason Drive, Cutchogue; CTM 104-7-3. BOARD RESOLUTION: (please see transcript of written statements prepared under separate cover.) Mter receiving testimony, motion was III. PUBLIC HEARINGS. continued: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: offered by Member Weisman, seconded by Chairman Goehringer, to adjourn the hearing, to February 28, 2008 pending applicant submission of a corrected site plan or survey to the Building Department, and filing with ZBA of an amended application with re-notification to adjacent landowners by February 21st. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:07 A.M. RESOLUTION (BREAK): Motion was offered by Member Oliva, seconded by Chairman Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:20 A.M. RESOLUTION (RECONVENE): Motion was offered by Member Oliva, seconded by Chairman Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:20 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 North Drive, Mattituck; CTM 106-6-29. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Mter receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:29 A.M. ROBERT and ERIN DICKERSON #6120. Request for a Variance under Sections 280-122A and 280-124, based on ZBA Interpretation #5039 (Walz 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. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Mter receiving testimony, motion was offered by Page 5 - Minutes Regular Meeting held January 24, 2008 Southold Town Zoning Board of Appeals Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote ofthe Board: Ayes: All. This Resolution was duly adopted (5-0). 12:00 P.M. RESOLUTION (LUNCH): Motion was offered by Member Oliva, seconded by Member Dinizio, to recess for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:02 P.M. RESOLUTION (RECONVENE): Motion was offered by Member Oliva, seconded by Member Dinizio, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Weisman arrived at 1:03 p.m. III. PUBLIC HEARINGS. CONTINUED: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 1:03 P.M. MILDRED ANN DIACK #6109. B. Anderson, Suffolk Environmental Consulting. 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. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:20 P.M. 1690 BAYVIEW ASSOCIATES #6117 by Mark Schwartz, Architect. 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. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, pending additional information from the architect. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 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: 1165 Old Harbor Road, New Suffolk; CTM 117-3-8.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to adjourn/recess the hearing, for 20 minutes. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). See 2:05 P.M. update when reconvened. 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 Page 6 - Minutes Regular Meeting held January 24,2008 Southold Town Zoning Board of Appeals lot line, at 910 Wabasso Street, Southold; CTM 78-3-50.1. BOARD RESOLUTION: (Please see transcript of written statements prepared III. PUBLIC HEARINGS. CONTINUED: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: AIL This Resolution was duIy adopted (5-0). 2:05 P.M. SANDFORD and ELIZABETH FRIEMANN #6114. Hearing reconvened from earlier. Motion made by Chairman Goehringer, seconded by Member Oliva to reconvene. Ayes: AIL Testimony was continued by the applicant, Sandy Friemann. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Mter receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: AIL This Resolution was duly adopted (5-0). 2:10 P.M. FRANCIS J. COUTTS FAMILY TRUST by G. Hallenbeck III, Trustee #6098. The attorney for the applicant was not present and the board moved the hearing until later in the day, to allow time for her presence since she was traveling from Hauppauge. See 2:20 P.M. update. 2:10 P.M. RESOLUTION (BREAK): Motion was offered by Member Dinizio, seconded by Chairman Goehringer, to take a short recess. Vote of the Board: Ayes: AIL This Resolution was duly adopted (5-0). 2:20 P.M. RESOLUTION (RECONVENE): Motion was offered by Member Weisman, seconded by Member Oliva, to reconvene the meeting. Vote of the Board: Ayes: AIL This Resolution was duly adopted (5-0). III. PUBLIC HEARINGS. CONTINUED: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 2:20 P.M. FRANCIS J. COUTTS FAMILY TRUST by G. Hallenbeck III, Trustee #6098 by Michelle Jablonsky, Esq. (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. BOARD RESOLUTION: (please see transcript of written statements prepared under separate cover.) Mter receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing pending submission of written information as discussed during the hearing. Vote of the Board: Ayes: AIL This Resolution was duly adopted (5-0). 2:40 P.M. KINGA CRARY #6108. (PH held and adjourned from 12/20 for attendance on 1/24/08 by Landmark Preservation Committee representative): Gordon Price, Designer in behalf of the applicant, and Mr. Ron Rossi, LMP and Mel Phaff of LPC spoke in support of the application. This is an application requesting additions and alterations to accessory building with: 1) proposed habitable space for studio Page 7 - Minutes Regular Meeting held January 24, 2008 Southold Town Zoning Board of Appeals 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: 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 Weisman, seconded by Chairman Goehringer, to close the hearing subject to consultation with ZBA Counsel (attorney-client). 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 Goehringer introducing each application, and Member reading of the Legal Notice as published: 3:35 P.M. EDNA McNULTY (and JOHN C. DILLER and HOLLY M. DILLER) #6090. Bill Goggins, Esq. 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. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Mter receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). * * * There being no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 4:00 P.M. //... Respectfully submitted, >t.'nda -t~,~ LLinda Kowalski 2/1/2008 Gefard P. Goehringer, Ch man 3/ 7 /2008 //Approved for Filing ~./ Resolution Accepting for Filing 2/28/2008 t!21. EC. EIVEO '1- 'J) 9.5'(> 11"'12." CP~C1.?t..;II*. Soulhold Town (Ier.