Loading...
HomeMy WebLinkAboutZBA-01/16/2003APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net MINUTES REGULAR MEETING THURSDAY, JANUARY 16, 2003 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 16, 2003 commencing at 9:30 A.M. Lydia A. Tortora, Chairwoman Gerard P. Goehringer, Member (till 6:00 p.m.) Ruth D. Oliva, Member George Horning, Member (9:30 a.m.-2:15 p.m.) Vincent Orlando, Member Linda Kowalski, ZBA Confidential Secretary Paula Quinteri, Clerk Typist (11:30 a.m. - 1:33 p.m.) 9:30 A.M. Chairwoman Tortora called the meeting to order. The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL 0UALITY REVIEW DETERMINATIONS (SEORA): BOARD RESOLUTION: Motion was made by Chairwoman Tortora, seconded by Member Goehringer, to declare the following Declarations: Type II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: Henry Santacroce #5261 Edward V. Werthner #5248 Charles and Maureen Buckel #5227 John and Laurel Kirmish #5263 Rita M. Jones #5253 Scott and Julia Osler #5240 J. and Carol Brady Herzog #5250 Namrog Holding Corp. #5246 Joseph J. Snellenburg #5233 Daniel Denn #5221 Eileen Gallagher #5244 Omnipoint Communications (Owner Junge) #5232 Estate of Murray Schlussel #5259 James Fallon #5262 Spiros and Irene Papadopoulos #5260 Carol A. Pearce #5235 Page 2 - Minutes Regular Meeting held January 16, 2003 Southold Town Zoning Board of Appeals James Fallon #5262 Spiros and Irene Papadopoulos #5260 Carol A. Pearce #5235 Charlotte Dickerson #5256 Peter and Sonja Panagopolus #5236 Gary and Letizia Bloecker #5242 Vassilios and Maureen Speleotes #5237 Vincent and Petra Benic #5220 Nancy R. Ross and Others #5231 William Lois #5258 and #5257 North Fork Bank/Suffolk County Development Agency #5265 Patricia Jaeger and Joel Perlmuth #5252 Gary Gerns, as contract vendee (Thomas and Annette Jordan, Owners) #5245 Robed & Barbara Holley #5222 T. and A. Laoudis #5238 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS: The following public hearings were held, with Chairwoman Tortora introducing each application, and Member reading of the Legal Notice as published: 9:30 a.m. Appl. No. 5215 - Ronald Cassara. (Carryover from December 12, 2002). This is a request for Variances under Sections 100-33 and 100-239.4, based on the Building Department's August 22, 2002 Notice of Disapproval, for proposed additions at less than 100 feet fro the closest bluff line (east and northeast of dwelling), and demolish and build new accessory extending closer toward the easterly bluff line, and at less than 100 feet approval of a nonconforming setback at less than 100 feet from the bluff along the Long Island Sound of the and for an accessory building proposed in an area other than the required rear yard. Location of Property: 30185 CabotWoods Road, Peconic; 1000-73-4- 1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Members Orlando and Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). 9:38 a.m. App[. No. 5261 - Henry Santacroce. This is a request for a Variance under Sections 100-242A and 100-244B, based on the Building Department's October 30, 2002 Notice of Disapproval concerning an "as built" deck addition, a portion of which is less than 50 feet from the rear property line, at 2520 Pine Tree Road, Cutchogue; Parcel 1000-104- 2-12. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). 9:43 a.m. Appl. No. 5184 -William Siefert (Hearing continuation from 10/17/02). Garrett Strang; Architect. This is a request for a Variance under Section 100-242A and 244B, based on the Building Department's June 19, 2002 Notice of Disapproval. Applicant is proposing to construct additions/alterations to an existing dwelling with setbacks at less than 35 feet from the front lot line and less than 35 feet from the rear lot line, at 7145 Soundview Avenue, Southold; Parcel 59-6-3. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close to Page 3 - Minutes Regular Meeting held January 16, 2003 Southold Town Zoning Board of Appeals verbatim and Garrett Strang will present alternate plan one week prior to February 6, 2003 meeting. Vote of the Board: All. The Resolution was duly adopted (5-0). 9:55 a.m. Appl. No. 5248 ~ Edward V. Werthner. P. Moore, Esq. This is a request for a Variance under Section 100-244, based on the Building Department's November 20, 2002 Notice of Disapproval concerning a new single-family dwelling, under construction, for the reason that a portion is less than 35 feet from the front property line. Location of Property: 180 Private Road #12 "Windy Point Lane", Southold; Parcel 1000-78-6-3.3 (2 and 3.1 combined). (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Oliva, to adjourn to 6:30 p.m. February 6, 2003. Vote of the Board: All. The Resolution was duly adopted (5-0). 10:33 a.m. Appl. No. 5227 - Charles and Maureen Buckel. This is a request for a Variance under Section 100-33 based on the Building Department's September 16, 2002 Notice of Disapproval. Applicant is proposing to construct an accessory swimming pool in an area other than a rear yard, at 2695 Little Neck Road, Cutchogue; Parcel 1000-103-10- 2.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). 10:37 a.m. Appl. No. 5263 - John and Laurel Kirmish. Don Feller. This is a request for a Variance under Section 244B based on the Building Department's October 24, 2002 Notice of Disapproval to make additions and alterations to an existing single family dwelling at less than 15 feet on a single side yard setback, and less than 35 feet for total side setbacks. Location of Property: 15955 Main Road, Maftituck; Parcel 1000-115-1-6. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). 10:45 a.m. Appl. No. 5253 - Rita M Jones. Pete Stoutenburgh, Environmental East. This is a request for a Variance under Section 100-244B based on the Building Department's October 4, 2002 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling, portions of which will be less than 10 feet from one side yard setback and less than 25 ft. for total side setbacks. Location of Property: 1335 Island View Lane, Greenport; Parcel 57-2-15. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). 10:49 a.m. Appl. No. 5240 - Scott and Julia Osier. This is a request for a Variance under Sections 100-242A and 100-244, based on the Building Department's Notice of Disapproval dated October 9, 2002, amended December 16, 2002, concerning proposed additions/alterations to the existing dwelling, portions of which will be less than 15 feet from the side property line, and less than 35 ft. total side yards, on this 25,003 sq. ft. nonconforming sized parcel. Location of Property: 2145 Haywaters Road, Cutchogue; Parcel 1000-111-7-3. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). Page 4 - Minutes Regular Meeting held January 16, 2003 Southold Town Zoning Board of Appeals 10:52 a.m. Appl. No. 5250 -J. and Carol Brady Herzog. Jim Fitzgerald, Proper-T-Permit Services. This is a request for Variances under Sections 100-244B and 239.4B, based on the Building Department's October 15, 2002 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling with: (a) a front setback at less than 40 feet, (b) proposed rear yard setback at less than 35 feet, and (c) less than 75 feet from the bulkhead at its closest points. Location of Property: 250 Williamsburg Drive, Southold; Parcel 1000-78-5-8. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). 10:55 a.m. Appl. No. 5246 - Namro,q Holding Corp. Pat Moore, Esq. This is a request for a Variance under Section 100-244B, based on the Building Department's October 2, 2002 Notice of Disapproval concerning a proposed second-story addition and porch addition, portions of which will be less than 15 feet at its closest point to a side property line. Location of Property: 1935 Laurel Way, Mattituck; Parcel 1000-121-4-22. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). 10:58 a.m. Appl. No. 5233 - Joseph J. Snellenbur.q. Pete Stoutenburgh. This is a request for a Variance under Section 100-31A, based on the Building Department's September 20, 2002 Notice of Disapproval, concerning applicant's request to amend B.P. #28632-Z for a proposed bathroom addition in an accessory garage building, at 1935 Old Woods Path, Southold; Parcel 1000-87-2-21. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). 11:30 a.m. RESOLUTION (BREAK): Motion was offered by Member Goehringer, seconded by Member Oliva, to take a shod recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:35 a.m. RESOLUTION (RECONVENE): Motion was offered by Member Goehringer, seconded by Member Oliva, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:35 a.m. Appl. No. 5221 - Daniel Denn. This is a request for a Variance under Section 100-30A.4, based on the Building Department's August 22, 2002 Notice of Disapproval concerning a proposed accessory swimming pool in an area other than the rear yard, at 275 Major's Path, Southold; Parcel 1000-54-1-26.1. BOARD RESOLUTION: Motion was offered by Chairwoman Tortora, seconded by Member Geoghringer, to cancel the hearing per applicant and reschedule for March 20, 2003. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:35 a.m. Appl. No. 5244 - Eileen Gallaqher. This is a request for a Special Exception under Section 100-31B(13) to establish a proposed Accessory Apartment in conjunction with the owner's residence, at 1575 Minnehaha Blvd., Southold; Parcel 1000-87-3-51. BOARD RESOLUTION: Motion was offered by Chairwoman Tortora, seconded by Member Orlando, to adjourn to 3:45 p.m. Vote of the Board: All. The Resolution was duly adopted (5-0). 11:37 a.m. Appl. No. 5232 - Omnipoint Communications (Owner: Junge). Lawrence Re, Page 5 - Minutes Regular Meeting held January 16, 2003 Southold Town Zoning Board of Appeals Esq. This is a request for a Variance under Section 100-165C, based upon the Building Department's September 19, 2002 Notice of Disapproval, for the proposed installation of equipment related to a public utility wireless communications antenna, to be affixed on an existing monopole, at 21855 C.R. 48, Cutchogue; Parcel 1000-96-1-19.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). 1:00 p.m. RESOLUTION (BREAK): Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:33 p.m. RESOLUTION (RECONVENE): Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:33 p.m. Paula Quinteri left. 1:34 p.m. Appl. No. 5262 -James Fallon. Jim Fitzgerald, Proper-T-Permit Services. This is a request for a Variance under Section 30.A.4, based on the Building Department's September 19, 2002 Notice of Disapproval to construct an accessory in-ground swimming pool proposed partly in a side yard rather than entirely in the rear yard, at 3050 Fairway Drive, Cutchogue; Parcel 1000-109-5-14 and 16 (as one combined lot). (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). 1:40 p.m. Appl. No. 5260 - Spiros and Irene Papadopoulos by Christine Sarianis. This is a request for a Variance under Section 100-30A.4 based on the Building Department's October 21, 2002 Notice of Disapproval concerning a gazebo proposed in an area other than the rear yard, at 565 Inlet Lane, Greenport; Parcel 1000-43-4-34. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to adjourn to 6:50 p.m. on February 6, 2003. Vote of the Board: All. The Resolution was duly adopted (5-0). 1:47 p.m. Appl. No. 5229 - Estate of Marie Hiller. Gary Olsen, Esq., Rob Herrmann, En- Consultants. A Lot Waiver is requested under Section 100-26 to unmerge two merged parcels, one being the northerly (vacant 1000-123-3~2) portion containing 18,447 sq. ft. of land area proposed for a future dwelling, and the other being the southerly 31,031 sq. ft. portion (improved) (1000-123-3-4.1). The Building Department in its July 19, 2002 Notice of Disapproval, determined that this property has merged due to common ownership after July 1, 1983 (May 1, 1983). Location of Property: 125 and 165 Bungalow Lane, Mattituck (described land). (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). Member Horning left at 2:15 p.m. 2:15 p.m. Appl. No. 5235 - Carol A. Pearce. Jennifer Gould, Esq. This is a request for a Variance under Section 100-244B, based on the Building Department's September 16, Page 6 - Minutes Regular Meeting held January 16, 2003 Southold Town Zoning Board of Appeals 2002 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling, portions of which are less than 40 feet from the front property line. Location of Property: 470 Dogwood Lane, East Marion; Parcel 1000-38-5-2. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Oliva, to recess until 2:45 p.m. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 2:27 p.m. Appl. No. 5256 - Charlotte Dickerson. S. Angel, Esq. opposition. This is a request for Variances under Section 100-239.4 and 100-33C, based on the Building Department's September 3, 2002 Notice of Disapproval, for: (a) a proposed new location of a dwelling, replacing the existing building, with a setback at less than 100 feet from the top of the bluff of the Long Island Sound, and (b) a proposed accessory building in a side yard area. Location of Property: 4630 Blue Horizon Bluffs, Peconic; Parcel 1000-74-1- 35.51. (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 recess to 7:00 p.m. on February 6, 2003. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 2:55 p.m. RECONVENED Appl. No. 5235 - Carol A. Pearce. Jennifer Gould, Esq., Gall Wickham, Esq. opposition. This is a request for a Variance under Section 100-244B, based on the Building Department's September 16, 2002 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling, portions of which are less than 40 feet from the front property line. Location of Property: 470 Dogwood Lane, East Marion; Parcel 1000-38-5-2. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Homing was absent. 2:58 p.m. App. No. 5236 - Peter and Sonia Panagopolus. This is a request for a Variance under Section 100-239.4A.1, based on the Building Department's September 30, 2002 Notice of Disapproval concerning a proposed dwelling at less than 100 feet from the top of the bluff of the Long Island Sound at its closest point. Location of Property: The Strand Way, Pebble Beach Farms Lot 122, East Marion; Parcel 1000-30-2-70. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehdnger, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 3:10 p.m. Appl. No. 5242 - Gary and Letizia Bloecker. Garrett Strang, Architect. This is a request for a Variance under Section 100-244 based on the Building Department's September 30, 2002 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling with a proposed front yard setback at less than 35 feet, at 1145 Gillette Drive, East Marion; Parcel 1000-38-3-4. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 3:15 p.m. Appl. No. 5237 - Vassilios and Maureen Speleotes. This is a request for a Variance under Section 100-244B, based on the Building Department's August 7, 2002 Notice of Disapproval concerning proposed deck additions with a proposed front setback at Page 7 - Minutes Regular Meeting held January 16, 2003 Southold Town Zoning Board of Appeals less than 40 feet and proposed rear yard setback at less than 50 feet, at 115 Sound Drive, Greenport; Parcel 1000-33-4-60. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Homing was absent. 3:18 p.m. Appl. No. 5187 - Raymond Akscin. J. K. McLaughlin, Esq. Hearing Reopened by Resolution of the Board adopted November 14, 2002This is a rehearing, pursuant to the November 14, 2002 Resolution of the Board, concerning applicant's requests for Lot Waivers under Section 100-26 to unmerge: (a) a vacant parcel of 20,000+- sq. ft. referred to as 1000-89-2-5.2, (b) a vacant parcel of 20,000+- sq. ft. referred to as 1000-89-2-3, and (c) an improved lot with 1.6+- acres of land remaining referred to as 1000-89-2-5.1. Based on the Building Department's April 12, 2002 Notice of Disapproval, corrected September 25, 2002, the properties have merged under Section 100-25 due to common ownership with the first lot at any time after July 1, 1983. Zone District: R-80 Residential. Location of Property: 105 and 265 Orchard Lane, and 1800 Cedar Beach Road, Southold; Cedar Beach Park Map Lot Nos. 25, 27 and 28. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimohy, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to recess to 3:45 p.m. today. Vote of the Board: All. The Resolution was duly adopted (4- 0). Member Horning was absent. 3:29 p.m. Appl. No. 5220 - Vincent and Petra Benic. This is a request for a Variance under Section 100-231, based on the Building Depadment's July 1, 2002 Notice of Disapproval concerning the height of a proposed fence which will exceed the code's height limitation of four feet, at 1375 Pine Neck Road, Southold; Parcel 1000-70-5-39. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 3:33 p.m. Appl. No. 5231 - Nancy R. Ross and Others. This is a request for a Variance under Section 100-244B, based on the Building Department's September 19, 2002 Notice of Disapproval concerning a proposed new dwelling, after demolition of the existing building, with a front yard and rear yards at less than 35 feet, less than 10 ft. on one side yard, and less than 35 feet for total side yards. Location of Property: 3350 (Town House #115) Park Avenue, Mattituck; Parcel 1000-123-8-22.2. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Homing was absent. 3:45 p.m. Appl. No. 5187 - Raymond Akscin - reconvened. J. K. McLaughlin, Esq. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 3:47 p.m. William Lois. Appl. No. 5258 as to 58105 North Road, Greenport, referred to as Parcel 44-2-9, and Appl. No. 5257 as to 57875 North Road, Greenport referred to as Parcel 44-2-8. Variances are requested under Section 100-231, based on the Building Department's October 28, 2002 Notices of Disapproval concerning fences proposed with a Page 8 - Minutes Regular Meeting held January 16, 2003 Southold Town Zoning Board of Appeals height over the code limited four feet when located along a front yard. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUIION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 3:51 p.m. Appl. No. 5265 - North Fork Bank/Suffolk County Development Agency. Joseph Fischetti, P.E. This is a request for a Variance under Section 100-103C based on the October 22, 2002 Notice of Disapproval to construct additions and alterations to an existing nonconforming building. The proposed total linear frontage following the proposed construction will be 360+- linear feet, and the code limits the frontage of a single structure to not more than 60 linear feet of frontage on one (1) street. Location of Property: 8885 Main Road, Mattituck; Parcel 1000-122-6-22.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 3:58 p.m. Appl. No. 5225 - Robert and Celia Swing. (Carryover from December 12, 2002.) This is a request for a Variance under Section 100-244B based on the Building Department's August 22, 2002, amended December 13, 2002 Notice of Disapproval, concerning the nonconforming setback location of "as bu!!t" additions and alterations at less than 10 feet on a single side yard and less than the minimum requirement of 25 feet for total side yards. Location of Property: 445 Island View Drive, Greenport; 57-2-27. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Members Goehringer and Oliva, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 4:02 p.m. Appl. No. 5252 - Patricia Jaeger and Joel Perlmuth. This is a request for a Variance under Section 100-244, based on the Building Department's October 9, 2002 Notice of Disapproval concerning a proposed front addition at less than 35 feet from the front lot line at its closest point. Location of Property: 420 Mill Creek Drive, Southold; Parcel 1000-135-3-45. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 4:07 p.m. Appl. No. 5245 - Gary Gerns, as contract vendee (Thomas and Annette Jordan, Owners). This is a request for a Variance under Section 100-244B, based on the Building Department's October 9, 2002 Notice of Disapproval concerning a proposed new dwelling with a front yard setback at less than 40 feet. Location of Property: 1680 Brigantine Drive, Southold; Parcel 1000-79-4-25. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Orlando, to adjourn to February 6, 2003 at 7:10 p.m. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 4:18 p.m. Appl. No. 4942 - Breezy Sound Shores (Continued hearing). P. Moore, Esq. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Todora, Page 9 - Minutes Regular Meeting held January 16, 2003 Southold Town Zoning Board of Appeals seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 4:40 p.m. Appl. No. 5222 - Robert & Barbara Holley. Ed Williams, Builder. This is a request for a Variance under Section 100-33C, based on the Building Department's August 28, 2002 Notice of Disapproval for construction of an accessory garage with a front yard setback at less than 40 feet. Location of Property: 1085 Bay Shore Rd., Greenport; Parcel 1000-53-3-13.1. 4:41 p.m. Appl. No. 5244 - Eileen Galla,qher - reconvened. This is a request for a Special Exception under Section 100-31B(13) to establish a proposed Accessory Apartment in conjunction with the owner's residence, at 1575 Minnehaha Blvd., Southold; Parcel 1000- 87-3-51. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Homing was absent. 4:47 p.m. Appl. No. 5222 - Robert & Barbara Holley. Ed Williams, Builder. This is a request for a Variance under Section 100-33C, based on the Building Department's August 28, 2002 Notice of Disapproval for construction of an accessory garage with a front yard setback at less than 40 feet. Location of Property: 1085 Bay Shore Rd., Greenport; Parcel 1000-53-3-13.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Oliva, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 4:50 p.m. Appl. No. 5238 - T. and A. Laoudis. P. Moore, Esq. This is a request for a Variance under Section 100-30A.3, based on the Building Department's September 29, 2002 Notice of Disapproval concerning a proposed carport addition to dwelling which is proposed at less than 50 feet from the front property line. Location of Property: 405 Kimbedy Lane, Southold; Parcel 1000-70-13-20.35. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 5:00 p.m. RESOLUTION BREAK: Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, to take a short break. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 5:13 p.m. RESOLUTION RECONVENE: Motion was offered by Member Goehringer, seconded by Member Orlando, to reconvene. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Horning was absent. 5:13 p.m. Appl. No. 5051 - Cliff And Phil's Lobster House. George Tsunis, Esq., P. Moore, Esq. opposition. (This Hearing is limited to New York Town Law's standards pertaining to Use-Variances and Zoning Board's evaluation, questions, and/or request for information pertaining to a reasonable financial return on this property.) Based on the Building Department's Notice of Disapproval issued November 13, 2001, amended/updated October 22, 2002, applicant requests zoning determinations for: (a) an Interpretation under Article XXIV, Section 100-243 to Reverse the Building Department's determination which states that the proposed addition/alterations to an existing restaurant establishment is not permitted in a Residential R-40 District, or alternatively a Variance Page 10 - Minutes Regular Meeting held January 16, 2003 Southold Town Zoning Board of Appeals authorizing the proposed addition to the existing restaurant, a nonconforming use in a nonconforming building; and (b) a setback variance is also requested under Section 100- 244B for an addition to the existing building which will be less than 40 feet from the front property line. Location of Property: Corner of the east side of Kenny's Road and the south side of North Sea Drive, Southold; Parcel 1000-54-5-22. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Tortora, seconded by Member Oliva, to close the hearing as to verbatim pending receipt of information relating to points of law as discussed. Vote of the Board: All. The Resolution was duly adopted (3-0). Members Horning and Goehringer were absent. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. The Special Meeting was confirmed for January 23, 2003, 6:45 p.m. for carryovers/decisions. B. RESOLUTION ADOPTED: Motion was offered by Chairwoman Tortora, seconded by Member Orlando to confirm New Hearings/Regular Meeting date of February 20th 2003 at 1:00 p.m. Vote of the Board: All. The Resolution was duly adopted (3-0). Members Horning and Goehringer were absent. C. Special Meeting February 6, 2003 at 6:30 p.m. was also confirmed for hearings that were adjourned from Regular Meeting(s). D. Special Meeting reminder was noted for March 6th, 2003 at 6:30 p.m. for carryovers/decisions as appropriate from public hearings held 1/16/03 and Sidorowicz 119/03. There being no other business properly coming before the Board at this time, Chairman Tortora declared the meeting adjourned. The meeting was adjourned at 4:00 P.M. Respectfully submitted, outhold Town Clett