HomeMy WebLinkAboutZBA-07/21/2005 SpecialAPPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Gochringcr
Vincent Orlando
James Dinizio, Jr.
Michael A. Simon
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTI-IOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Southold Town Hall
53095 Main Road · EO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
MINUTES
SPECIAL MEETING
THURSDAY, JULY 21, 2005
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 July 21,
2005 commencing at 6:00 p.m.
Present were:
Ruth D. Oliva, Chairwoman/Member
Gerard P. Goehringer/Member
Vincent Orlando/Member
James Dinizio, JrJMember
Linda Kowalski, ZBA Assistant and Secretary
Absent was: Michael A. Simon/Member
6:10 p.m. Chairwoman Oliva called the meeting to order.
The Board proceeded with the first item on the Agenda as fellows:
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:
Approvals with Conditions:
ZBA File 5715 - Michael and Jennifer Boccio
ZBA File 5732 - Peter Schembri
ZBA File 5723 - Howard Waldman
Approved as Applied:
ZBA File 5721 - Louis and Lisa Caracciolo
ZBA File 5727 - Nicholas Pologeorgis
ZBA File 5737 - Daysman and Nannie Morris
ZBA File 5735 - Shoreline Development Corporation and A. Rojas
ZBA File 5730 - Arlene and Peter Manos
Page 2 - Minutes
Meeting held July 21, 2005
Southold Town Board of Appeals
Alternative Relief:
ZBA File 5716 - David and Lauren Kollen
Alternative Relief with Conditions:
ZBA File 5718 - P. Milone
RESOLUTIONS/OTHER ACTION:
A. Motion was offered by Chairwoman Oliva, seconded by Member Goehringer and duly carried to
authorize advertising of applications in complete form for public hearings to be held on Thursday, August
18, 2005 commencing at 9:30 AM.
9:40 a.m. CHARLES and KATHLEEN WATSON #5738. Request for an amended Vadance under Section
100-33, based on the Building Department's May 12, 2005 Notice of Disapproval concerning new plumbing
in an accessory building proposed as a pool cabana, instead of an accessory storage shed without plumbing
requested under Appeal No. 5640, and in a location at less than five feet from the rear lot line. Location of
Property: 5270 Nassau Point Road, Cutchogue; CTM 111-8-18.
9:50 a.m. BENEDICT POLLIO #5753. Request for a Variance, based on the Building Department's March
22, 2005 Notice of Disapproval concerning an addition to an existing dwelling. The reason for disapproval is
that Section 100-31A states that "no building or promises shall be erected or altered which is arranged,
intended or designed to be used, in whole or in part, for any uses except ... (1) One-family detached
dwellings, not to exceed one dwelling on each lot. The new construction is proposed on a lot which contains
more than one dwelling. Location of Property: 445 Kimogenor Point Road, New Suffolk; CTM 117-10-1.
9:55 a.m. JOHN MORSE #5726. Request for Variances under Zoning Code Sections 100-239.4B, 100-
242A, 100-33; 100-244, based on the Building Department's Apd125, 2005 Notice of Disapproval, amended
June 13, 2005 concerning proposed additions with substantial reconstruction of the existing dwelling. The
masons stated in the disapproval are that: (a) the new additions to the accessory garage will be an increase
in the degree of nonconformance when located less than 40 feet from the front lot line and less than 5 feet
from the side lot line; (b) the substantial reconstruction to the dwelling, with additions, will be less than 50
feet from the mar lot line and less than 75 feet from the bulkhead. Location of Property: 820 Old Salt Lane,
Mattituck; CTM 144-5-15,
10:05 a.m. BCB REALTY HOLDING CORP. #5739. Request for a Variance under Section 100-103-C,
based on the Building Department's April 22, 2005 Notice of Disapproval, concerning a new building with
greater than 60 feet of frontage (building width) on one street; 74825 Main Road, Gmenport; 45-4-8.3. Zone
District: General B Business.
10:15 a.m. OTTO and JUNE SCHOENSTEIN #5744. Request for a Lot Waiver under Section 100-26 to
unmerge County Tax Map Ref. 1000-57-2-6 (vacant land), from CTM 57-2-2.1 (improved land). Based on
the Building Department's November 22, 2004 Notice of Disapproval, amended June 13, 2005, the
properties have been merged in this R-40 Low-Density Residential Zone District, under Section 100-25.
Location of Proped'y: 500 and 580 Island View Lane, Greenport.
10:25 a,m. JOYCE ORRIGO #5740. Request for a Lot Waiver under Section 100-26 to unmerge CTM 40-
2-12 (vacant), from CTM 40-2-11 (vacant). Based on the Building Department's June 9, 2005 Notice of
Disapproval, the properties have been merged in this R-40 Low Density Residential Zone District under
Section 100-25. Location of Property: 66425 C.R. 48 and Homestead Way, Gmenport; Map of Eastern
Shores, Section I, Ref, 152 and 153.
10:35 a.m, PETER SHERWlN #5729. Request for a Vadance under Section 100-30A.3, based on the
Page 3 - Minutes
Meeting held July 21, 2005
Southold Town Board of Appeals
Building Department's May 4, 2005 Notice of Disapproval concerning a proposed obsen/atory teem above
the code limitation of 2-1/2 stodes of building area. The reason for the disapproval is that the new
construction constitutes a third story. Location of Property: Fox Avenue, Fishers Island; CTM 6-2-23.
10:45 a.m. LAWRENCE P. and SHERRI KELLY #5745. Request for Variances under Sections 100-242A
and 100-244, based on the Building Department's May 25, 2005 Notice of Disapproval, concerning proposed
second-floor additions with alterations, and one-story addition, which when located at less than 15 feet on a
single side yard will increase the degree of nonconformance. Location of Property: 25270 Main Road,
Cutchogue; CTM 109-3-3.
10:55 a.m. ROSE HAJEK #5747. Request for Variances under Sections 100-242A and 100-244, based on
the Building Department's June 11, 2005 Notice of Disapproval concerning proposed additions with
alterations to the existing dwelling, creating a new nonconformance and increase in the degree of
nonconformance when located less than 40 feet from the front lot line and less than 50 feet from the rear lot
line, at 15305 New Suffolk Avenue and Grathwohl Road, New Suffolk; CTM 117-6-15.
1:00 p.m. WILLIAM AND BARBARA CLAYTON #5743. Request for Variances under Sections 100-33 and
100-244, based on the Building Department's Notice of Disapproval, amended June 27, 2005, concerning
proposed additions with alterations to the existing dwelling with a roar yard setback at less than 35 feet, and
new accessory garage building in an area other than the required rear yard, at 12832 Route 25, East
Marion; CTM 31-14-15.
1:15 p.m. ANTON BETTLER and MARLA MILNE #5752. Request for Variances under Section 100-244,
based on the Building Department's June 20, 2005 and July 18, 2005 Notices of Disapproval concerning
proposed deck addition, inclusive of pool/spa structure, and new front entrance additions, both less than 35
feet from the front lot line, at 185 Osprey Nest Road, Greenport; CTM 35-6-36.
1:20 p.m. JANE COCKERILL #5741. Request for a Vadance under Section 100-30A.3, based on the
Building Department's May 18, 2005 Notice of Disapproval concerning an addition with alterations to the
existing dwelling, as built with new nonconformance as located, at less than the code-required 15 feet from
the side lot line; at 700 Birdseye Road, Odent; CTM 17-2-1.14.
1:25 p.m. MARK PALLADINI ~5756. Request for a Vadance under Section 100-244, based on the
Building Department's June 20, 2005 Notice of Disapproval concerning an addition proposed at less than 40
feet from the front lot line, at 585 Donna Drive, Mattituck; CTM 115-16-5.
1:30 p.m. LOIS AMEND #5755. Request for a Variance under Section 100-244, based on the Building
Department's June 3, 2005 Notice of Disapproval concerning a porch addition proposed at less than 40 feet
from the rear lot line, at 265 Highwood Road, Southold; CTM 78-9-52.
1:35 p.m. ANDREW and DAWN DUERWALD #5754. Request for a Variance under Section 100-244,
based on the Building Department's June 22, 2005 Notice of Disapproval concerning proposed additions at
less than 40 feet from the front lot line, at 95 Clearview Avenue West, Southold; CTM 70-8-4.
1:40 p.m. MARY R. RAYNOR #5711. Request for Variances under Sections 100-242A and 100-244, based
on the Building Department's amended July 14, 2005 Notice of Disapproval, concerning new first floor
foundation construction, new second-story addition, and new deck increasing the degree of nonconformance
as proposed with side yard setbacks at less than 10 feet, less than 15 feet on the remaining side, and with
lot coverage exceeding the code limitation of 20%, at 575 Beachwood Road, Cutchogue; CTM 116-4-21.
1:55 p.m. PAUL MALONEY #5748. Request for a Variance under Section 100-33, based on the Building
Department's June 6, 2005 Notice of Disapproval concerning a new accessory garage proposed in a front
yard at less than 40 feet from the code-required front lot line, at 1020 Goose Creek Lane, Southold; CTM
78-8-3.
2:05 p.m. EDWARD A. LINKER JR. #5751. Request for Variances under Sections 100-33 and 100-244,
based on the Building Department's June 8, 2005 Notice of Disapproval concerning: (a) a proposed addition
at less than 35 feet from the rear lot line, and (b) a portion of the existing accessory garage will be in a new
side yard area after the new construction, instead of a conforming roar yard, at 285 Oyster Ponds Lane,
Orient; CTM 25-1-7.
Page 4 - Minutes
Meeting held July 21, 2005
Southold Town Board of Appeals
2:10 p.m. ZAHARIA PAPAZAHARIOU #5736. Request for Variances under Section 100-33, based on the
Building Department's May 6, 2005 Notice of Disapproval for a proposed division of land, for the reason that
proposed lot No. 1 will be less than 150 feet in lot width (frontage), and proposed/lot No. 2 will be less than
80,000 sq. ff. in total size. Location of Property: 2905 Pdvate Road No. 1, East Marion; CTM 22-3-8.1.
2:15 p.m. ARNOLD and MICHELLE WIDMAN #5746. Request for Variances under Sections 100-242A and
100-244, based on the Building Department's Apd127, 2005 Notice of Disapproval concerning a proposed
upper deck addition, with an increase in the degree of nonconformance when located less than 35 feet from
the front lot line and less than 35 feet from the rear lot line, at 2155 Cedar Avenue, Southold; CTM 77-1-25.
2:20 p.m. RICHARD and ELEANOR COFFEY #5757, Request for a Vadance under Section 100-244,
based on the Building Department's July 15, 2005 Notice of Disapproval, concerning an addition proposed
at less than 60 feet from the front lot line, at 5705 Main Road, East Madon; CTM 35-2-16,1.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio. Member Simon
was absent. The Resolution was duly adopted (4-0).
APPLICATION WITHDRAWN: Motion was offered by Chairman Oliva, seconded by Member Dinizio and
duly carried, application #5702 for K. & P. Whitrock is hereby withdrawn as requested on July 18, 2005.
Brief reviews of pending files and general discussion 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 7:10 pm.
Respectfully submitted,
Linda Kowalski
Included by Reference: Filed ZBA Decisions (10)
Approved for Filing
RECEIVED
Soufhold Town ClerJ