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HomeMy WebLinkAboutZBA-02/07/2008 APPEALS BOARD MEMBERS James Dinizio. Jr. Gerard P. Goehringer, Chairman Ruth D. Oliva Michael A. Simon Lcslie Kanes Weisman http://southoldtown. northf ork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 MINUTES SPECIAL MEETING THURSDAY, FEBRUARY 7,2008 Mailing Addrcss: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex IFirst Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 ~IV~:tJ .'2_, [1~Oq.-U'" Southold Town (Ier' 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, February 7, 2008 commencing at 4:00 P.M. Present were: Ruth D. Oliva, Vice ChairwomanlMember James Dinizio Jr., Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Admin. Secretary Absent were: Gerard P. Goehringer, ChairmanlMember Michael A. Simon, Member 4:00 P.M. Vice Chairwoman Oliva called the meeting to order and proceeded, as follows: 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: PH concluded 12/20: KENNETH G. SCHEUBLEIN #6079 regarding a proposed accessory garage and shed in an area other than the code-required rear yard, at 105 West Creek Avenue (at Pequash Ave. and Old Pasture Road), Cutchogue; CTM 103-13-20.1. Deborah Doty, Esq. was present. A Motion was offered by Vice ChairwomanlMember Oliva, with a second to the motion offered by Member Weisman, to deny the application and to grant alternative relief with conditions. This Motion was LOST (2-1) with Member Dinizio voting Nay, and Ayes by Members Oliva and Member Weisman. Ms. Doty acknowledged that this matter was tabled to February 29, 2008. Page 2 - Minutes Special Meeting held February 7, 200S Southold Town Zoning Board of Appeals APPROVALS WITH CONDITIONS: ZBA File 6104 - Anne Stepnoski ZBA File 6118 - Richard Tripptree APPROVALS AS APPLIED: ZBA File 6111- Charles Hill ZBA File 6133 - Debra Lachance ZBA File 6112 - Russell E. Planitzer ZBA File 6116 - Gary Guja ZBA File 6120 - Robert and Erin Dickerson ZBA File 6109 - Mildred Ann Diack ZBA File 6117 - 1690 Bayview Associates ZBA File 6090 - Edna McNulty (and John C. Diller and Holly M. Diller) * * * RESOLUTIONS/OTHER: A. RESOLUTION ADOPTED: Motion was offered by Vice Chairwoman 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, February 28, 2008, to be held at the Southold Town Hall, 53095 Main Road, Southold, New York. Vote of the Board: Ayes; Members Oliva, Dinizio and Weisman. This Absent were Members Goehringer (Chairman) and Simon. Resolution was duly adopted (3-0). 9:30 A.M. KURT FREUDENBERG and JANET LATHEM #6121. Request for Variances under Section 280-124, based on the Building Inspector's November 28, 2007 Notice of Disapproval concerning the as-built location of an accessory shed and the proposed location of an accessory swimming pool, which will exceed the maximum code-permitted 20% lot coverage for all buildings and structures. Location of Property: Northerly Side of Lester's Road (a private Right-of-Way off the east side of WestphaliaAvenue), Mattituck; CTM 114-7-2.1. 9:40 AM. PAUL and MAUREEN CACIOPPO #6127. Request for a Variance under Section 2S0-124, based on the Building Inspector's December 27, 2007 Notice of Disapproval concerning the location of an accessory in-ground swimming pool, which will exceed the code limitation of 20% lot coverage, at 735 Jackson Street, New Suffolk; CTM 117-9-6. 9:50 A.M. SEROTA PROPERTIES #6125. Request for a Variance under Section 2S0-S5A(2), based on the Building Inspector's October 29, 2007 Notice of Disapproval concerning a proposed new ground sign, replacing the existing ground sign. The proposed sign will be greater than three square feet in total area with an additional allowance of 20% of the total for the name of the business center, at King Kullen Shopping Center, 31525 Main Road, Cutchogue; CTM 97-5-12. 10:00 AM. GREG and KARMEN DADOURIAN #6131. Request for Variances under: (I) Section 2S0- 124, and (2) Section 2S0-15, both based on the Building Inspector's December 2S, 2007 Notice of Disapproval concerning the location of a new dwelling at less than 40 feet from the code-required minimum front yard setback, and for a swimming pool located in a side yard rather than the code required front yard or rear yard for this waterfront parcel, located at 695 Petty's Drive at Long Island Sound, Orient; CTM 14-2-23. Page 3 - Minutes Special Meeting held February 7, 2008 Southold Town Zoning Board of Appeals RESOLUTION to advertise, continued: 10:15 A.M. JENNIFER and DAVID COLLINS #6123. Request for Variances under Sections 280-122A, 280-124, and ZBA Code Interpretation #5039 (Walz Application), based on the Building Inspector's December 3, 2007 Notice of Disapproval concerning proposed alterations to the existing dwelling, which new construction constitutes an increase in the degree of nonconformity with the front yard setback at less than a minimum of 40 feet, at 6685 Oregon Road, Cutchogue; CTM 95-1-6. 10:30 AM. MARJORIE DUNN #6122. Location of Property: 300 Fay Court and Camp Mineola Road, Mattituck; CTM 123.5.11. The applicant is requesting Variances: under Sections 280-124 and 280-122 based on ZBA Code Interpretation #5029 (Walz Application) and the Building Inspector's amended January 8,2008 Notice of Disapproval concerning proposed additions and alterations to the existing building. The new construction will exceed the code limitation of 20% lot coverage, and with a proposed reduction in the front yard setback will be an increase the degree of front yard nonconformity (currently 18.7 feet average); to remove 10/23/1960 ZBA Condition under Variance #1293 (former owner Herman Pocher) concerning front, rear and side yard setback variances. 10:50 AM. ANTHONY E. and CAROL MITAROTONDO #6128. Request for a Variance under Sections 280-15, based on the Building Inspector's January 7, 2008 Notice of Disapproval concerning a proposed accessory shed with a front yard setback at less than the code-required 50 feet and side yard setback at less than the code-required 15 feet, at 950 Little Peconic Bay Road, Cutchogue; CTM 111-14- 15. 11:00 AM. RICHARD and MARYLOU MANFREDI #6124. Request for Variances under Section 280- 124, based on the Building Inspector's December 11, 2007 Notice of Disapproval concerning as-built and existing deck construction, proposed for reconstruction with enlargement resulting in a rear yard setback at less than 50 feet and single side yard setback at less than 15 feet, at 170 Hilltop Path, Southold; CTM 54-1-29. 11:20 AM. DONALD and JANIS ROSE #6130. Request for Variances under Sections 280-15B and 280-124, based on the Building Inspector's January 7,2008 amended Notice of Disapproval concerning the location of a new two-story accessory building at a height exceeding 18 feet to the top of the ridge, after removal of a building, and which new building is proposed at less than five (5) feet from the property line and with a lot coverage which exceeds the code limitation of 20% (existing 27.43% lot coverage). Location of Property: 145 King Street, Orient; CTM 1000-126-1-23. 11:35AM. DAVID FISHER #6126. Request for a Variance under Section 280-124, based on the Building Inspector's December 11, 2007 Notice of Disapproval concerning proposed additions to the existing single-family dwelling, which increase the lot coverage and exceed the code limitation of 20% lot coverage, at 2165 Old Orchard Road, East Marion; CTM 37-3-4.1. 11:55 AM_ HANS H. REIGER #6132. Request for a Variance under Sections 280-15C and 280-124, based on the Building Inspector's January 11, 2008 Notice of Disapproval concerning two accessory sheds (as-built) at less than 35 feet from the front yard lot line, at 370 Harbor Road (adjacent to Orient Harbor), Orient; CTM 1000-27-4-6. 12:05 P.M. GEORGE THEODORAKOS #6133. Request for a Variance under Section 280-15, based on the Building Inspector's November 5, 2007 Notice of Disapproval concerning a proposed addition to the dwelling, which places the existing swimming pool partly in a side yard location, at 1855 Rocky Point Road, East Marion; CTM 30-3-8. 12: 15 P.M. JOHN CORBLEY #6119 (carryover for final hearing). Additions to dwelling at 680 Mason Drive (Haywater Cove), Cutchogue; CTM 104-7-3. Page 4 - Minutes Special Meeting held February 7, 2008 Southold Town Zoning Board of Appeals RESOLUTION to advertise. continued: 12:35 P.M. THOMAS and MARGARET NOONE #6107. Request for Variances under Section 280-18 (Bulk Schedule), based on the Building Inspector's October 30, 2007 amended Notice of Disapproval concerning two lots proposed with an area of less than 40,000 square feet in and less than 150 feet of width (frontage) and less than 175 feet of depth in this R-40 Low-Density Residential Zone District, located along the westerly side of Sigsbee Road, commencing approximately 210 feet south of the Main Road, Mattituck; Map of Mattituck Park Properties; CTM 143-1-4.1. 12:55 P.M. HARBES FAMILY FARM, LLC #6106. Location of Property: North Side of Sound Avenue and West Side of Hallock Lane (a private road), Mattituck; CTM 1000-120-1-4 containing 7.5 acres; CTM 1000-112-1-7.6 containing 8 acres. The applicant has applied for building permits the existing farm stand and a proposed change of use from farm buildings to a winery/tasting room. Requested are Variances based on the Building Inspector's amended Notice of Disapproval dated February 6, 2008. The reasons stated for disapproving the building permit applications are as follows: The as-built additions and alterations to the existing farm stand constructed without a building permit prior to 1997 are not permitted, pursuant to the Code of the Town of Southold in place when the construction work was completed without a building permit, citing: 1) Article III, Section 100-31A.2(a)l, which states that all buildings for displav and retail sales of ae-ricultural and nursery oroducts e-rown on oremises shall not exceed one thousand 0.000) sauare feet in floor area. Also, major additions and alterations had been done increasing the size of the existing farm stand without a building permit, and in 1989 a certificate of occupancy was issued for a new farm stand measuring 14 ft. by 14 ft. in size, however, between 1989 and 1997, additions and alterations were made to that farm stand increasing its size from 14 ft. by 14 ft. in size to 2,441 square feet. 2) Article III, Section 100-31A2.(a)3, which states off-street oarkine: as reauired in the oarkine: schedule shall be orovided and shall be aooroved by the Plannine: Board, and 3) Section 280-13A.(4)C, for the reasons that the winery structures shall be set back a minimum of 100 feet from a major road. The orooosed conversion of existine- farm buildine:s to winery buildine:s is not oermitted. as the winery structures are reQuired to be set back a minimum of 100 feet from a malor road. and Buildine:s/Facilities 1. 2. 3. and 4 and other construction-buildine:s. are less than the 100 feet from Sound Avenue and less than 100 feet from Hallock Lane. 4) Section 280-13A.4(D), which states the winery shall obtain site olan aoorovaL Vote of the Board: Ayes: Members Oliva (Vice Chairwoman), Dinizio and Weisman. (Members Goehringer and Simon were absent.) This Resolution was duly adopted (3-0). RESOLUTIONSfUPDATED REVIEWS/OTHER. continued: B. RESOLUTION ADOPTED: Motion was offered by Vice Chairwoman Oliva, seconded by Member Weisman, and duly carried, to set the date of the next Special Meeting for March 13, 2008 at 6:00 PM at the Town Hall Annex, NFB Building Main Road and Youngs Ave, 2nd Floor Executive Board Room, Southold. Vote of the Board: Ayes: Vice Chairwoman Oliva, Dinizio and Weisman. Chairman Goehringer and Member Simon were absent. This Resolution was duly adopted (3-0). * * * EXECUTIVE SESSION was held regarding court updates regarding the Zupa property. Page 5 - Minutes Special Meeting held February 7, 2008 Southold Town Zoning Board of Appeals Vice Chairwoman Oliva confirmed an appointment with ZBA Counsel Frank Isler on February 28, 2008 at 2:00 PM regarding pending litigation. * * * There being no other business properly coming before the Board at this time, Vice Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 5:07 P.M. Respectfully submitted, ,-:{n{lll ~ tdvA . t{lnda Kowalski 2/19/2008 Gerard P. Goehringer Jr., airman Approved for Filing 02/ 2-I /2008 Resolution Date: 02/28/2008 #!!!CEI~.~. t .12_ {!jJ~?}_'Jt, ~uthold i~wlI Cler'