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Home My WebLink AboutZBA-01/22/2004APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.nor thfork.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, JANUARY 22, 2004 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, January 22, 2004 commencing at 9:30 A.M. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member Vincent Orlando, Member James Dinizio, Member Linda Kowalski, ZBA Confidential Secretary Absent: Lydia A. Tortora, Member 9:30 a.m. Chairwoman Oliva called the meeting to order. AGENDA ITEM I: 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 Goehringer, and seconded by Chairwoman Oliva, to declare the following Negative Declarations with No Adverse Effect for the following projects as submitted: Type II Actions (No further steps - setback/dimensional/lot waivedaccessory apartment/bed and breakfast requests): Wilbur Osier #5451. William and Carol Gillooly #5456. Martha Cassidy #5457. Joseph Trencheny #5453. Samuel and Isabelle Distasi #5454. Patrizia Zanboni #5452. Reid Mahaffy #5455. Cathy Stankewicz #5458. Page 2 - Minutes Regular Meeting of January 22, 2004 Southold Town Board of Appeals Daniel and Tina Finne #5474. Fr. John McGuire #5465. Dolores UIImann #5464. Helen Stratigos #5459. Edwin Reeves #5462. Seth and Barbara Eichler #5463. Mark Stufano #5461. Thomas Dewolf #5467. Richard and Dorothy Poggi #5468. Todd Jensen #5476. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. II. CARRYOVER DELIBERATIONS/DECISIONS (those complete as of 1/16/04): 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were decided, with the original determinations filed with the Southold Town Clerk: APPROVED P. and N. Rodilosso #5443 WITHDRAWN WITHOUT PREJUDICE Zoumas Contracting #5345 III. PUBLIC HEARINGS: The following public hearings were held with the Chairwoman introducing each application, and Member reading of the Legal Notice as published: 9:30 AM APPL. #5430 - JOSEPH AND DANIELLE HELINSKI, pending update with NYS DOT (carried from 11/20/04). BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Dinizio, to postpone to July 15, 2004, at 9:30 AM. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 9:33 AM DEBRA VICTOROFF #5334 -carried from 10/23/03 calendar for Trustees review and for receipt of survey with wetland area shown. Request for a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval. Applicant proposes a dwelling at 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). For applicant: Proper-T Services, Inc; opposing: Helen Rosenblum, Esq. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to postpone to April 22, 2004 at 9:30 AM. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 9:35 AM JOSEPH GULMI and SUSAN BRAVER GULMI #5340. (Carried from 10/9 PH; received garage plans.) Request for a Variance under Section 100-33, based on the Building Department's March 4, 2003 Notice of Disapproval. Applicants propose a swimming pool, accessory garage and accessory shed in an area other than the Page 3 Minutes Regular Meeting of January 22, 2004 Southold Town Board of Appeals required rear yard, at 250 Pine Tree Court, Cutchogue; Parcel 98-1-7.11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. III. PUBLIC HEARINGS, continued: The following public hearings were held with the Chairwoman introducing each application, and Member reading of the Legal Notice as aublished: 9:40 AM WILBUR OSLER #5451. R. Lark, Esq. Request for a Variance under Section 100-239.4B, based on the Building Department's September 30, 2003 Notice of Disapproval, concerning a porch addition proposed at less than 75 feet from the bulkhead, at 8070 Peconic Bay Boulevard, Laurel; Parcel 126-11-17. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Member Orlando, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was dulyadopted (4-0). Member Tortora was absent. 9:50 AM WILLIAM and CAROL GILLOOLY #5456. Allen Smith, Esq., Karen Brazziler in opposition. Request for a Reversal of the Building Department's October 31, 2003 Notice of Disapproval, and/or Variance under Section 100-30A.4 (ref. 100- 33), concerning an as-built detached garage located in a yard other than a rear yard, at 605 Village Lane, Orient; Parcel 25-2-20.21. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 10:05 AM MARTHA CASSIDY #5457. Gall Wickham, Esq., and Susan Gardner, for owner; Robert Hughes, neighbor. Request for Variances under Sections 100-30A.1 and 100-231, based on the Building Department's March 10, 2003 Notice of Disapproval, amended May 6, 2003, for the following reasons: (1) a tennis court is not a permitted use on a vacant lot, and (2) the proposed tennis court fence will exceed the code limitations of four ft. maximum height along or within front yard areas, six ft. maximum height along side and rear yards when a principal use is existing). Location of Property: 1015 Youngs Avenue, Orient; CTM 18-1-3. RESOLUTION to open hearing, received testimony, and postpone to March 18, 2004. (Adjacent landowner, Mr. Gianelli, requested additional time to attend hearinq for concerns and questions; received certified letter 1/20/04.) BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Member Goehringer, seconded by Member Orlando, to postpone to February 26, 2004 at 9:30 AM. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 10:33 AM JOSEPH TRENCHENY #5453. Aggie of Architechnologies. Request for a Variance under Section 100-244B, based on the Building Department's August 25, 2003 Notice of Disapproval, concerning additions and alterations proposed with a total side yard area at less than 25 feet, at 120 South Lane, East Marion; Parcel 37- 6-3.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Orlando, to postpone to February 26, 2004 at 9:35 AM. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. Page 4 - Minutes Regular Meeting of January 22, 2004 Southold Town Board of Appeals III. PUBLIC HEARINGS, continued: The following public hearings were held with the Chairwoman introducing each application, and Member reading of the Legal Notice as published: 10:43 AM SAMUEL and ISABELLE DISTASI #5454. Garrett Streng, Architect. Request for a Variance under Section 100-244B, based on the Building Department's October 16, 2003 Notice of Disapproval, for proposed additions and alterations to the existing single family dwelling with a front yard setback at less than 35 feet, at 125 Youngs Avenue, Southold; Parcel 61-4-40. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. RESOLUTION (Break): Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to take a 10-minute break. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. RESOLUTION (RECONVENE): Motion was offered by Member Goehringer, seconded by Chairwoman Oliva, to reconvene the meeting. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 11:07 AM PATRIZIA ZANBONI #5452. Aggie of Architechnologies. Request for a Variance under Section 100-244B, based on the Building Department's August 22, 2003 Notice of Disapproval, amended August 25, 2003, concerning a new single- family dwelling with a front yard setback at less than 35 feet, after demolishing the existing building, at 1385 Minnehaha Boulevard, Southold; Parcel 87-3-23. BOARD RESOLUTION: (Please see transcript ofwritten statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Orlando, to adjourn to February 26, 2004 at 9:40 AM. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 11:22 AM REID MAHAFFY #5455. Frank Nortaro, Architect, Architechnologies. Request for a Variance under Section 100-244B, based on the Building Department's September 5, 2003 Notice of Disapproval, concerning an addition proposed at less than 40 feet from the front lot line, at 7705 North Bayview Road, Southold; Parcel 79- 4-18. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 11:29 AM CATHY STANKEWICZ #5458. George Stankewicz. Request for a Variance under Section 100-244B, based on the Building Department's July 23, 2003 Notice of Disapproval, concerning a proposed addition at less than 40 feet from the front property line, at 1705 Henry's Lane, Peconic; Parcel 74-1-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 11:33 AM DANIEL and TINA FINNE #5474. This is a request for a Waiver of Merger under Section 100-26, based on the Building Department's December 12, 2003 Notice of Disapproval, to unmerge a land area of 4500 sq. ft. (CTM #1000-48-2-40 with an existing structure containing less than 850 sq. ft. of floor area) from an adjacent land area of 2750 sq. ft. (CTM #1000-48-2-19, containing a dwelling with Page 5 - Minutes Regular Meeting of January 22~, 2004. Southold Town Board of Appeals less than 850 sq. ft. floor area), at 970 and 1020 Seventh Street, Greenport; Greenport Driving Park Ref. #56 and part of #57. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. RESOLUTION (LUNCH): Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn to 1 PM for continuation. Vote of the Board: Alt. This resolution was duly adopted (4-0). Member Tortora was absent. RESOLUTION (RECONVENE): Motion was offered by Member Goehringer, seconded by Chairwoman Oliva, to reconvene, as fo/lows: III. PUBLIC HEARINGS, continued: The following public hearings were held with the Chairwoman introducing each application, and Member reading of the Legal Notice as published: 1:03 PM FR. JOHN MCGUIRE #5465. Chris Rivera, CDR Consultants. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's November 17, 2003 Notice of Disapproval, amended November 21, 2003 concerning additions and alterations proposed at less than 15 feet on one side and less than 35'feet fer both side yards, at 3630 North Sea Drive, Orient; Parcel 15- 1-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 1:10 PM DOLORES ULLMANN #5464. David Murole. Request for a Variance under Section 100-244B, based on the Building Department's November 17, 2003 Notice of Disapproval, concerning additions/alterations (under construction, BP #290421 issued 2/29/02) at less than 35 feet from the front lot ~ine, at 2445 Minnehaha Boulevard, Southold; Parcel 87-3-47. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: Motion was offered by Member Goehringer, seconded my Chairman Oliva to set the next Special Meeting of February 5, 2004, at 6 PM at Town Hall Annex (NFB Building) Second Floor, Youngs Avenue, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Tortora was absent. III. PUBLIC HEARINGS, continued: The following public hearings were held with the Chairwoman introducing each application, and Member reading of the Legal Notice as published: 1:20 PM HELEN STRATIGOS #5459. Chris Rivera, CDR Consultants. Request for a Variance under Section 100-242A and 100-244, based on the Building Department's October 2, 2003, concerning a second-story addition proposed over the existing dwelling, with a single side yard at less than 10 feet, and both side yards at Page 6 - Minutes Regular Meeting of January 22, 2004 Southold Town Board of Appeals less than 25 feet, at 1500 Sound Beach Drive, Mattituck; Parcel 106-1-33. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 1:30 PM EDWIN REEVES #5462. Laurie Reeves; Jay Kennedy opposition. Request for a Variance under Section 100-30A.4 (ref. 100-33), based on the Building Department's July 3, 2003 Notice of Disapproval, amended September 23, 2003, concerning the location of a garage in a yard other than the required rear yard, at 495 Maple Lane, Orient; Pamel 17-2-3.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision pending setback information. Vote of the Board: All. This resolution was duty adopted (4-0). Member Tortora was absent. 2:00 PM SETH and BARBARA EICHLER #5463. Pat Moore, Esq., Samuels and Steelman, Architects. Request for a Variance under Section 100-239.4A, based on the Building Department's November 17, 2003 Notice of Disapproval, amended November 21, 2003, concerning a swimming pool proposed at less than 100 feet from the top of the bank or bluff of the Long Island Sound, at 17915 Sound View Avenue, Southold; Parcel 51-1-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to recess without a date. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 2:14 PM MARK STUFANO #5461. Pat Moore, Esq. Request for a Variance under Section 100-244, based on the Building Department's October 14, 2003 Notice of Disapproval, amended November 5, 2003, concerning a new dwelling at less than 35 feet from the rear property line, at 3505 Camp Mineola Road, Mattituck; Parcel 123- 6-12.5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Members Goehringer and Orlando, to close the hearing reserving decision pending revised map. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 2:23 PM THOMAS DeWOLF #5467. This is a Request for a Variance under Section 100-244B, based on the Building Department's December 1, 2003 Notice of Disapproval, amended December 3, 2003, concerning an addition proposed at less than 35 feet from the front lot line, at 415 Sterling Place, Greenport; Parcel 34-3-50. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. Page 7 - Minutes Regular Meeting of January 22, 2004 Southold Town Board of Appeals III. PUBLIC HEARINGS1 continued: The following public hearings were held with the Chairwoman introducing each application, and Member reading of the Legal Notice as published: 2:26 PM RICHARD and DOROTHY POGGI #5468. Frank Uellendahl, Architect. Request for a Variance under Sections 100-244A and 100-244, based on the Building Department's December 10, 2003 Notice of Disapproval. Applicants propose a cantilevered bay window addition at the upper portion of the existing dwelling which will have a total side yard area of less than 25 feet, at 1740 Village Lane, Orient; Parcel 24-2-18. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 2:28 PM TODD JENSEN #5476. Stacey Bishop, Future Surroundings Inc., Agent and Mrs. Jensen. This is a request for a Waiver of Merger pursuant to Section 100- 26, based on the Building Department's December 22, 2003 Notice of Disapproval, amended December 23, 2003, to unmerge an adjacent 5,620+-sq. ft. improved parcel, now unimproved. Location of Property: 819 Linnet Street, Greenport, CTM 48-3-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. 2:33 PM DONALD GRIM #5441 - Garrett Strang, Architect, Don Grim and Bernard Heinish opposition. (Carried from 12/18 PH calendar; 1/16/04 received map with breakout of 5 acres for farmstand, and remaining acreage). Applicant requests a Variance under Section 100-31A.2 based on the Building Department's January 23, 2003 Notice of Disapproval concerning a proposed horse barn on a 7.467-acre lot instead of the code required 10 acres, after applying five (5) acres of tillable land for the existing farm stand use at 22745 C.R. 48, Cutchogue; CTM 84-1-25.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (4-0). Member Tortora was absent. There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 2:50 p.m. Respectfully submitted, ~v~lski Secretary RECEIVED