HomeMy WebLinkAboutZBA-05/10/2007 SpecialAPPEALS BOARD MEMBERS
James Dinizio, Jr., Chairman
Gerard R Goehringer
Ruth D. Oliva
Michael A. Simon
Leslie Kanes Weisman
Mailing Address:
Southold Town Hall
53095 Main Road · RO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor. North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
MINUTES
SPECIAL MEETING
THURSDAY, MAY 10, 2007
RECEIVED.
?;/5
JUL 200g
wn Clerk
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, May 10, 2007 commencing
at 6:00 p.m.
Present were:
James Dinizio, Jr., Chairman, Member
Ruth D. Oliva, Member
Gerard P. Goehfinger, Member (6:08 p.m. to end)
Michael A. Simon, Member
Leslie Kanes Weisman, Member (6:08 p.m. to end)
Linda Kowalski, ZBA Administrative Secretary
6:10 p.m. Chairman Dinizio called the meeting to order.
The Board proceeded with the Agenda item, as follows:
STATE ENVIRONMENTAL QUALITY REVIEW update was confirmed.
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 5884 - Joseph Gulmi and Susan Braver
ZBA File 6011 - Alan Santos
ZBA File 6023 - Lenny and Randee Daddona
ZBA File 6024 - Martha Rosenthal
Approvals as Applied:
ZBA File 6018 - Jerry and Linda Matejka
ZBA File 6019 - John and Vivian Anemoyanis
ZBA File 6021 - Celeste Shevlin and Patricia Booke
Page 2 - Minutes
Meeting held May 10, 2007
Southold Town Board of Appeals
ZBA File 6022 - Linda Bertani
ZBA File 6015 - Leila Hadley Luce
Denied
ZBA File 5987 - Kathleen and John Bower
Denied with Alternative Relief
ZBA File 6020 - Paul Cacioppo
ZBA File 6008 - John and Patrice Keitt
ZBA File 6017 - Lee and Marie Beninati
RESOLUTIONS/OTHER ACTION:
A. Motion was offered by Member Goehringer, seconded by Member Simon, and duly carded, to authorize
advertisinq of applications in complete form for public hearings to be held on Thursday, Mai/31, 2007, commencinq
at 9:30 AM.
9:30 A.M. DR. LAWRENCE KELLY ~026. Request for a Variance under Code Section 280-86, based on
the Building Inspector's January 2, 2007 Notice of Disapproval concerning a proposed ground identification
sign which will be larger than two square feet in area, at 26270 Main Road, Cutchogue; CTM 109-3-3.
9:35 A.M. PECONIC RECYCLING AND TRANSFER CORP. (and COMMERCE EAST ONE, LLC by JOHN
M. DIVELLO) #6030. Request for Area Variances under Sections 280-59, 280-60A and C, based on the
Building Inspector's March 22, 2007 Notice of Disapproval concerning proposed buildings. The Building
Inspector states that the building construction will be: (1) less than 75 feet from the rear property line, (2)
less than 100 feet from the right-of-way (also a front property line), and (3) greater than 60 linear feet of
frontage (width). Location of Property: Commerce Ddve and proposed right-of-way or road, Cutchogue;
CTM 95-2-5.
10:05 A.M. ROGER P. SMITH and CONSTANCE A. SMITH #6025. Request for Variances: (1) based on
the Building Inspector's January 22, 2007 Notice of Disapproval cifing former Code Secfion 280-15, and (2)
based on the current Code Section 280-15 concerning the.proposed accessory garage construction which
will exceed the code limitation of 40% for dormers. The Notice of Disapproval cites the former Code
provisions concerning setback and height requirements (citing 10 ft. as a minimum setback and 18 ft. as a
maximum mean height). Current Section 280-15 as amended by Local Law states that accessory buildings
shall not exceed 22 feet to the highest point of the ridge, and that setbacks shall be not less than 20 feet
(when located in a rear yard). In addition, a Vadance is requested to locate an accessory pergola in a side
yard (rather than the code-required 20 ft. setback when located in a rear yard). Location of Property: 60015
Main Road, Southold; CTM 56-3-10
10:35 A.M. CHERYL and ERIK HANSEN #6032. Request for a Variance under Section 280-116B, based
on the Building Inspector's November 21, 2006 Notice of Disapproval and applicants' request for a building
permit, concerning proposed reconstruction and relocation of an existing sunroom at less than 75 feet from
· the eastedy bulkhead, at 445 Elizabeth Lane, Southold; CTM 78-5-3.
10:40 A.M. SUSAN EMANUELE ~036. Request for a Variance under Section 280-124, based on the
Building Inspector's January 30, 2007 Notice of Disapproval concerning an application for a building permit
Page 3 - Minutes
Meeting held May 10, 2007
Southold Town Board of Appeals
to construct additions and alterations to the existing dwelling, for the reason that the new construction will be
less than the code-required minimum of 15 feet on a single side yard, at 1585 Breakwater Road, Mattituck;
CTM 106-8-20.4.
11:05 A.M. DAVID R. BEREZNY JR. ~039. Request for a Variance frem Section 280-124, based on the
Building Inspector's May 2, 2007 Notice of Disappreval concerning an application for a building permit to
construct a swimming pool with a lot coverege in excess of the code limitation of 20% of this 14,888 square
ft. lot. Location of Preperty: 680 Westview Ddve, Mattituck; CTM 139-1-15.
11:15 A.M. THOMAS BYRNE and VERONICA KALISKI ff6031. Request for Variances under Sections
280-116B and 280-124, based on the Building Inspector's February 20, 2007 Notice of Disappreval
concerning an application for a building permit to construct as-built and new additions/alterations to the
existing single-family dwelling, which are less than 35 feet from the front lot line, less than 75 feet from the
bulkhead, and less than 10 feet on a single side yard. Location of Property: 2345 Bayview Avenue
(corner), Southold; CTM 52-5-1.
11:25 a.m. SCOTT KRUK #6034. Request for Variances under Sections 280-15, based on an application
for a building permit, and the Building Inspector's April 19, 2007 and February 21, 2007 Notices of
Disapproval, concerning proposed accessory swimming pool and accessory garege locations in a yard other
than the code-required rear yard, at 40135 County Road 48 (a/k/a Middle Road or North Road), Southold;
CTM 59-9-30.5.
11:40 A.M. THOMAS and MILDRED TOIVONEN #6035. Request for a Vadance under Section 280-15,
based on the Building Inspector's March 21, 2007 Notice of Disapproval concerning an application for a
building permit to construct an accessory hot tub/gazebo structure in a yard other than a code-required rear
yard, and preposing it in the front yard adjacent to Cedar Lane. Location of Property: 1065 East Gillette
Drive, East Marion; CTM 38-4-18.
12:20 P.M. LEO ALESSI #6028. Request for a Vadance under Section 280-15C, based on the Building
Inspector's February 20, 2007 Notice of Disapproval concerning a proposed swimming pool and related
equipment in a front yard with a setback at less than the code-required 50 feet from the front property line
on this 53,244 sq. ft. parcel, at 1700 Cedar Point Drive East, Southold, CTM 92-1-3.
12:35 P.M. LINDA SANFORD ~037. Request for a Variance under Section 280-14 concerning a request
to amend Building Permit No. 32082-z concerning a new dwelling, under construction, with conversion of
the third-floor attic area to a finished floor area, determined to be a third story under the Building Inspector's
Apdl 2, 2007 Notice of Disapproval. Location of Property: 780 Private Road #17, Southold; CTM 81-3-
27.1.
12:45 P.M. AMY and CHRISTOPHER ASTLEY ~004 (continued for amendments). Request for Variances
under Sections 280-10, 280-15, 280-124, 280-116, based on the applicants' request for a building permit
and the Building Inspector's December 26, 2006 Notice of Disapproval, concerning: (1) a screened porch
addition proposed at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, (2)
preposed additions to the existing dwelling which will be less than 40 feet from the front property line, aRd
the~. Location of Property: 460 Northview Ddve, Odent; CTM 13-1-5.2.
Page 4~,~- Minutes
Meeting held May 10, 2007
Southold Town Board of Appeals
Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon and Weisman. This Resolution
was duly adopted (5-0).
RESOLUTIONS/OTHER ACTION, Continued:
RESOLUTION ADOPTED: Motion was offered by Member Simon, seconded by Member Goehringer, and
duly carried to advertise Legal Notice for May 31, 2007 public headngs filed in complete form with
publication in official newspaper. Vote of the Board: Ayes: Member Dinizio (Chairman), Goehdnger, Oliva,
Simon and Weisman. This Resolution was duly adopted (5-0).
C. NEXT REGULAR MEETING - The Chairman confirmed the next Regular Meeting for Thursday, May 31,
2007 at 9:30 a.m. at the Town Hall.
WORK SESSION (Discussions; No Action):
A. Monthly Reports - none at this time.
Other/Discussion Items (No action taken)
1. Chairman (JD) Items Re: Correspondence/Inquiries, Procedures or other.
2. Other Updates. Member Goehringer updated the Board conceming his proposed Training
Session scheduled on June 9~ Training Session 9-1 and noting that Registration to be TB was
authorized as credits for Members.
3. Notices of Meetings and Committee Sessions were distributed for
Members concerning Planning and Zoning Committee session on May 11, 2007 (subject:
Waiver of Merger Provisions).
Brief reviews of pending files and general discussions by Board Members followed.
There being no other business properly coming before the Board at this time, Chairman Dinizio
declared the meeting adjourned. The meeting adjourned at 8:00 p.m.
ed for Filing ~/,1.,~200~
Respectfully submitted,