HomeMy WebLinkAboutZBA-09/14/2004APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Lydia A. Tortora
Vincent Orlando
James Dinizio, Jr.
http://sout holdtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Tel. (631) 765-1809
Fax (631) 765-9064
MINUTES
REGULAR MEETING
THURSDAY, SEPTEMBER 14, 2004
A Regular 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, September 14, 2004 commencing at 9:45 a.m.
Present were:
Ruth D. Oliva, Chairwoman/Member
Gerard P. Goehringer, Member
Vincent Orlando, Member (9:45 am - 2:30 pm)
James Dinizio, Member
Kieran Corcoran, Assistant Town Attorney (9:45 am - 2:20 pm)
Linda Kowalski, ZBA Confidential Secretary
Absent was: Lydia A. Tortora, Member
9:45 a.m. Chairwoman Oliva called the meeting to order.
AGENDA ITEM h The Board proceeded with the first item on the Agenda as follows:
SEQRA RESOLUTION declaring Type II Actions for the following applications without further SEQRA
steps for the following projects as applied:
JAMES N. GEMMILL #5572.
GORDON AND DIANE TYRER #5580.
KEVIN MILLER #5581.
DIANE ALEC SMITH #5585.
EUGENE AND GEORGENE BOZZO #5567.
HENRY and ALISON McCANCE #5584.
JOHN and MARION BRANDVOLD #5516.
ELLEN MCNEILLY #5587.
EVAN AKSELRAD #5590.
R. TAPP and N. ELLIS #5555.
MICHAEL PISACANO #5588.
Vote of the Board: Ayes: All. Member Tortora was absent. This Resolution was duly adopted (4-0).
Page 2 - Minutes
Meeting held September 14, 2004
Southold Town Board of Appeals
DELIBERATIONS/DECISION: None.
PUBLIC HEARINGS: The following public hearings were held with the Chairwoman introducing each
application, and Member reading of the Legal Notice as published:
9:46 AM JAMES N. GEMMILL #5572. J. Fitzgerald, Proper-T Permits. Request for a Variance
under Sections 100-242A and 100-244, based on the Building Inspector's May 7, 2004 Notice of
Disapproval, amended May 24, 2004, concerning a proposed addition to the existing dwelling
which will constitute an increase in the degree of nonconformance, with a front yard setback at
less than the code required 40 feet. Location: 2025 Smith Road, Peconic; CTM 98-4-19.2.
(Please see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded
by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The
Resolution was duly adopted (4-0). Member Tortora was absent.
9:50 AM GORDON AND DIANE TYRER #5580. Request for a Variance under Section 100-33,
based on the Building Department's April 2, 2004 Notice of Disapproval, concerning a garage
proposed in a side yard rather than the code-required rear yard, at 255 Oriole Drive, Southold;
CTM 55-6-15.26. (Please see transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer,
seconded by Member Orlando, to adjourn to 11:15 a.m. for appearance. Vote of the Board: All.
The Resolution was duly adopted (4-0). Member Tortora was absent.
9:51 AM KEVIN MILLER #5581. Tom McCarthy, Zavior Fleming. Request for a Variance under
Section 100-33, based on the Building Department's May 28, 2004 Notice of Disapproval
concerning a garage proposed in a front yard rather than the code-required rear yard, at 600
Wunneweta Road, Cutchogue; CTM 104-11-13. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn to October 21, 2004,
at 9:30 a.m. Vote of the Board: All. The Resolution was duly adopted (3-1). Member Tortora
was absent.
10:26 AM DIANE ALEC SMITH #5585. Request for a Variance under Section 100-32, based on
the Building Department's July 29, 2004 Notice of Disapproval concerning a proposed lot line
change, resulting in a reduced lot area for Lot 2 at less than 80,000 sq. ft. and less than 175 feet
in lot width. Location: 22445 Main Road, Cutchogue; CTM 109-1-7. (Please see transcript of
written statements prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the
hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (3-0).
Member T0rtore was absent and Member Goehringer was out of the room.
10:35 AM EUGENE AND GEORGENE BOZZO #5567. Request for a Variance under Sections
100-242A and 100-244, based on the Building Department's April 8, 2004 Notice of Disapproval,
amended July 19, 2004, concerning proposed first and second story deck additions: (a) with
relief from the lot coverage limitation of 24% restricted under Appeal No. 3553; (b) with relief
from the code requirement for a single side yard at less than 10 feet on a single side yard, and
less than 25 feet total for both side yards. Location of Property: 4135 Camp Mineola Road,
Mattituck; CTM 123-5-27. (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the
Board: All. The Resolution was duly adopted (4-0). Member Tortora was absent.
Page 3 - Minutes
Meeting held September 14, 2004
Southold Town Board of Appeals
PUBLIC HEARINGS, continued: The following public hearings were held with the Chairwoman
introducing each application, and Member reading of the Legal Notice as published:
10:53 AM HENRY and ALISON McCANCE #5584. R. Lark Esq. Request for a Variance under
Section 100-242A and 100-244, based on the Building Inspector's June 14, 2004 Notice of
Disapproval, for a proposed addition to the existing dwelling, which will constitute an increase in
the degree of nonconformance, and be located less than 75 feet from the rear lot line. Location
of Property: Fox Avenue & Cottage Place, Fishers Island; CTM 6-5-5.2. (Please see transcript of
written statements prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the
hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0).
Member Tortora was absent.
10:58 AM JOHN and MARION BRANDVOLD #5516. Meryl Kramer, Architect. Request for
Variances under Section 100-239.4B, 100-242A, and 100-244, based on the Building Inspector's
March 3, 2004 Notice of Disapproval, amended March 25, 2004, concerning a new dwelling, after
substantiaily reconstructed to replace an existing dwelling, with expansion. The new construction
will increase the degree of nonconformance or create a new nonconformance with: (a) a single
side setback at less than 10 feet, (b) total combined side yards at less than 25 feet, (c) a
setback from the bulkhead at less than 75 feet. Location of Property: 1955 Bay Shore Road,
Greenport; CTM 53-4-10. (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman
Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the
Board: All: The Resolution was duly adopted (4-0). Member Tortora was absent.
11:10 AM JOSEPH AND DANIELLE HELINSKI #5430 (Carryover from 7/15). 42300 C.R. 48
and Tuckers Lane, Southold; CTM 59-4-2.3. BOARD RESOLUTION: After receiving testimony,
motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn hearing,
pending update with Town Clerk. Vote of the Board: All. The Resolution was duly adopted (4-0).
Member Tortora was absent.
11:15 AM ELLEN McNEILLY #5587. Request for a Variance under Section 100-244, based on
the Building Inspector's July 29, 2004 Notice of Disapproval, concerned proposed
additions/extensions and alterations to the existing dwelling with a single side yard at less than
the code required minimum 10 feet. Location of Property: 70 Vincent Street, Orient; CTM 26-1-5.
(Please see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded
by Member Goehringer, to close the hearing reserving clecision. Vote of the Board: All. The
Resolution was duly adopted (4-0). Member Tortora was absent.
11:30 AM RESOLUTON (Break): Motion was offered by Chairwoman Oliva, seconded by
Member Orlando, to adjourn for a court arraignment. Vote of the Board: All. The Resolution was
duly adopted (4-0). Member Tortora was absent.
12:05 PM RESOLUTION (RECONVENE): Motion was offered by Chairwoman Oliva, seconded
by Member Orlando, to reconvene. Vote of the Board: All. The Resolution was duly adopted (4-
0). Member Tortora was absent.
12:05 PM EVAN AKSELRAD #5590. Request for a Variance under Section 100-239.4B, based
on the Building Inspector's April 12, 2004 Notice of Disapproval, amended August 2, 2004,
concerning a new single-family dwelling proposed with a setback at less than 75 feet from the
bulkhead, at 1355 Shore Drive, Greenport; CTM 47-2-27. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony,
motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing
reserving decision. Vote of the Board: .All. The Resolution was duly adopted (4-0). Member
Tortora was absent.
Page 4 - Minutes
Meeting held September 14, 2004
Southold Town Board of Appeals
PUBLIC HEARINGS, continued: The following public hearings were held with the Chairwoman
introducing each application, and Member reading of the Legal Notice as published:
12:15 PM R. TAPP and N. ELLIS #5555. P. Moore Esq., and Tom Samuels. Request for a
Variance under Section 100-31A, 100-239.4B, and 241A & C, for a new dwelling with increased
size and as a second dwelling, a non-permitted use, after removal of the existing nonconforming
cottage on this 20,925 sq. ft. lot, and with setbacks less than 75 feet from the bulkhead. Location:
275 West Road, Cutchogue; CTM 110-7-11.1. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving
decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Tortora was
absent.
12:33 PM MICHAEL PISACANO #5588. P. Moore, Esq. (Direct) Appeal under New York Town
Law Section 277(6) requesting an area variance under Article III, Section 100-32, Bulk Schedule,
concerning a parcel of land containing less than the code requirement of 80,000 sq. ft., at 1457
Cox Neck Road, Mattituck; 113-7-19.11. (Please see transcript of written statements prepared
under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairwoman Oliva, seconded by Member Orlando, to adjourn the hearing to 2:40 p.m. today, for
appeal supplement reference amended Notice of Disapproval. Vote of the Board: All. The
Resolution was duly adopted (4-0). Member Tortora was absent.
1:55 PM GERARD SCHULTHEIS #5296. E. Bressler, Esq., with Mr. & Mrs. Schultheis.
(Carryover from 7/15/04 PH for submissions by applicant; 7/29 applicant submitted maps with
cesspool location and additional sets of exhibits). Location: 1640 First St., New Suffolk; CTM
117-5-6.3. (Please see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded
by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The
Resolution was duly adopted (4-0). Member Tortora was absent.
2:17 PM CAROL WiTSCHIEBEIN and JANET LARSEN#5569. CDR Consultants, Christine
Rivera. (Carryover from 8/19 for alternative plan to be submitted to the ZBA by 9/8; applicant
submitted revised plan for alternative relief 9/ /04.) Request for Variances under Sections 100-
242A and 100-244, based on the Building Department's June 30, 2004 Notice of Disapproval, for
the reason that the new additions will be less than 15 feet on a single side yard, at 1000 Sound
Beach Drive, Mattituck; CTM 99-1-5. (Please see transcript of written statements prepared
under separate cover.) BOARD RESOLUTION; After receiving testimony, motion was offered by
Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision.
Vote of the Board: All. The Resolution was duly adopted (3-0): Members Tortora and Orlando
were absent.
2:40 PM MICHAEL PISACANO #5588. P. Moore, Esq. RECONVENED from 12:33 PM. (Please
see transcript of Written statements prepared under separate cover.) BOARD RESOLUTION:
After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member
Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was
duly adopted (3-0). Members Tortora and Orlando were absent.
2:50 PM GORDON AND DIANE TYRER #5580. RECONVENED from 9:50 AM. (Please see
transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After
receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer,
to adjourn the hearing to October 21, 2004. Vote of the Board: All. The Resolution was duly
adopted (3~0). Members Tortora and Orlando were absent.
Page 5 - Minutes
Meeting held September 14, 2004
Southold Town Board of Appeals
OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER:
RESOLUTION ADOPTED: Motion was offered by Member Geohringer, seconded by
Chairwoman Oliva to advertise in the Town's official newspaper public hearings for complete
applications, to be held October 21, 2004, at a Regular Meeting commencing at 9:15 A.M. at
Southold Town Hall (Coudroom), 53095 Main Road, Southold. Vote of the Board: All. This
Resolution was duly adopted (3-0). Members Tortora and Orlando were absent.
RESOLUTION ADOPTED: Motion was offered by Member Goehringer, seconded by
Chairwoman Oliva to confirm the next scheduled pubic hearings for complete applications to be
held September 14, 2004, at a Regular Meeting commencing at 9:30 AM at Southold Town Hall
(Courtroom), 53095 Main Road, Southold. Vote of the Board: All. This Resolution was duly
adopted (3-0). Members Tortora and Orlando were absent.
RESOLUTION ADOPTED: Motion was offered by Member Goehringer, seconded by
Chairwoman Oliva to set the next Special Meeting for October 7, 2004 at 6 PM, North Fork Bank
Building, 54375 Main Road (at Youngs Ave.), 2® floor, Southold, New York. Vote of the Board:
All. This Resolution was duly adopted (3-0). Members Tortora and Orlando were absent.
There being no other business properly coming before the Board at this time, Chairwoman
Oliva declared the meeting adjourned. The meeting adjourned at 3:00 p.m.
Respectfully submitted,
,~ RE.CEIVED ~
JUN 1 S 009
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