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Home My WebLink AboutZBA-06/22/2006APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer ,lames Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. 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 REGULAR MEETING THURSDAY, JUNE 22, 2006 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, June 22, 2006 commencing at 9:30 A.M. Present were: Ruth D. Oliva, Chairwoman/Member James Dinizio, Jr., Member Michael A. Simon, Member Leslie Kanes Weisman, Member Kieran Corcoran, Assistant Town Attorney (10:00 am - 12 noon) Linda Kowalski, ZBA Administrative Assistant Absent was: Gerard P. Goehringer, Member 9:36 A.M. Chairwoman Oliva called the meeting to order. The Board proceeded with the first item on the Agenda as follows: STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS {SEQRA): BOARD RESOLUTION: Motion was made by Chairwoman Oliva, seconded by Member Weisman, to declare the following Declarations: Type II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: RICHARD PERRY #5886 SHEILA R. KENNEDY (RAUCH PARTNERS LP, Owners) #5870 PHILIP MASCIA #5899 ARLENE and PETER MANOS #5893 ALEXANDER SUTTON and TRACY SUTTON #5898 CARL SCHULTHEIS, SR., Individually and as Trustee for CARL H. SCHULTHEIS, JR. #5878-A MARLO SHORTINO #5900 CLEM CHARNEWS, Owner (Contract Vendees: Shannon Goldman and Deborah McKeand) #5887 STEPHAN and JOAN LATHAM #5904 LEONARDO PAROLI #5901 ROBERT and JACKIE SULLIVAN #5902 Page 2 - Minutes Regular Meeting held June 22, 2006 Southold Town Zoning Board of Appeals ALLAN and ELLEN WEXLER #5903 JAMES FITZGERALD #5905 RALPH and CARMELA CONSTANTINO #5908 Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. PUBLIC HEARINGS: The following public hearings were held, with Chairwoman Oliva introducing each application, and Member reading of the Legal Notice as published: 9:38 A.M. RICHARD PERRY #5886. Carryover and continuation of hearing from last hearing calendar: This is an application requesting a variance under Section 100-30A.3 and 100-242 (Walz Interpretation #5039 rendered 1/2/02), based on the Building Inspector's February 6, 2006 Notice of Disapproval concerning a proposed addition, which will increase the degree of nonconformity when located less than 50 feet form the front yard lot line, at 830 Clearview Road, Southold; CTM 89-3-11.5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted {4-0). Member Goehringer was absent. 9:45 A,;M. SHEILA R. KENNEDY (RAUCH PARTNERS LP, Owners) #5870. (PH #3 pending inspection updates). S. Ham Esq., P. Moore, Esq., opposition. Request for a ~ariance under Section 100-32, based on the Building Inspector's February 22, 2006 Notice of Disapproval, concerning a proposed dwelling at less than 60 feet fro the front yard line facing a private right-of-way, less than 75 feet from the code-required rear yard line, premises located north of Equestrian Avenue, Fisher~ Island at Hay Harbor; Lot #2, Minor Subdivision Map of Frances B. Rausch and others, file 8/11/94 as Map No. 9547; CTM 9-9-22.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Simon, to close the hearing, with written submission by the applicant extended until 6/28/06. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 10:00 ~A.M. PHILIP MASCIA #5899. Request for a Variance under Section 100- 244, based on the Building Inspector's February 13, 2006 Notice of Disapproval concerning a proposed addition at less than 35 feet from the front lot line and less than 10 feet on a single side yard, at 630 Lake Drive, Southold; CTM 80-4-25. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairvtoman Oliva, seconded by Member Dinizio, to close the hearing, reserving decisi0B. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Memb¢r Goehringer was absent. 10:03 A.M. ARLENE and PETER MANOS #5893 by P. Moore Esq. Amendment complete as of 6/13/06 concerning request for an accessory pool added to the proposal, and new location and size of proposed dwelling, all less than 100 feet from ibp of the bluff of the LI Sound required under Section 100-239.4A. (Demolition of buildings, now vacant land, different from that granted under Page 3 - Minutes Regular Meeting held dune 22, 2006 Southold Town Zoning Board of Appeals Building Permit No. 31508-Z; ZBA Variance #5730). Location: 2000 Sound Drive, Greenport; CTM 33-1-18. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motiofl was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. PUBLIC HEARINGS, CONTINUED FROM above: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 10:25 A.M. ALEXANDER SUTTON and TRACY SUTTON #5898 by D. Doty, Esq. and ural Taggart of Samuels and Steelman. Request for a Variance under Section 100q244, based on the Building Inspector's April 4, 2006 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling and constrilction of a new garage, in excess of the 20% code limitation for lot coverage, at 325 Horton's Lane, Southold; CTM 63-5-17. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiv~g testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: ~ All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 10:41 A.M. CARL SCHULTHEIS, SR., Individually and as Trustee for CARL H. SCHULTHEIS, JR., #5878-A. P. Moore, Esq. Request for a Lot Waiver under Section 100-26 to unmerge a vacant land area of 21,892 square feet (CTM 1000- 118-3-5) from an adjacent land area of 40, 898 square feet (CTM 118-3-9), based on the Building Inspector's October 27, 2005 Notice of Disapproval pursuant to Section 100-25, determining the properties have been merged. Location of Proper~y: 1305 Bayberry Road and Clearwater Lane, Cutchogue, containing 58,91! square feet as merged. Zone District: R-40 Residential. BOARD RESOI~UTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, xseconded by Member Weisman, to close the hearing, reserving decision. Vote af the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 11:20 A.M. MARIO SHORTINO #5900. Request for a Variance under Section 100-244, based on the Building Inspector's April 17, 2006 Notice of Disapproval concerning proposed additions with alternations to the existing dwelling, which new construction will exceed the code limitation of 20% lot coverage, at 450 Bay Road, Cutchogue; CTM116-2-18. BOARD RESOLUTION: (Please see transcript of writte¢ statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 11:35 ,A.M. CLEM CHARNEWS, Owner (Contract Vendees: Shannon Goldman and Deborah McKeand) #5887. P. Moore, Esq., with Mr. DiPillo, representing the Proper~y Owners' Association for C. Charnews Sr., also present was Mr. Goldman. Location of Property: 8605 Soundview Avenue, Southold. Based on an application submitted to the Building Inspector and his March 31, 2006 Notice of Page 4 - Minutes Regular Meetirig held dune 22, 2006 Southold Town Zoning Board of Appeals Disapproval which states that the properties located in an R-40 Zone District, are merged (97,088 square feet combined area) pursuant to Section 100-25 and the proposed dwelling does not meet the code required minimum of 40 feet from the front lot line. The applicants request: 1. A Lot Waiver to Unmerge under Section 100-26 concerning properties consisting of 23,277 square feet for CTM 59-6-27.2 and 73,811 square feet for CTM 69-6-27.3; and 2. Ifo Waiver is granted to unmerge the properties, then a setback variance is requested under Section 100-244 to locate a proposed new dwelling at less than 40 feet from the front lot line, after removal of the existing structure. BOARD RESOLUTION: {Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted {4-0). Member Goehringer was absent. 12:15 p.M. STEPHEN and dOAN LATHAM #5904. Dan McGahan, Builder. Request for a Variance under Sections 100-242A (referring to ZBA File 5039 Walz Interpretation dated 1/24/2002), and 100-244, based on the Building Inspector's May 12, 2006 amended Notice of Disapproval concerning a proposed addition with alterations to the existing dwelling, which location constitutes an increase in the degree of nonconformance when located less than 35 feet from the rear property line, at 60 Rogers Road, Southold; CTM 66-2-19.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:18 P.M. ROBERT and JACKIE SULLIVAN #5902. Mark Schwartz, Architect. Request for a Variance under Section 100-242A (referring to ZBA Interpretation No. 5039 dated 1/24/02) and 100-244, based on the Building Inspector's April 24, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which constitutes an increase in the degree of nonconformance when located less than 15 feet from a single side yard and less than .35 feet for both side yards combined, at 2715 Nassau Point Road, Cutchogue; CTM 104-13-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:22 P.M. ALLAN and ELLEN WEXLER #5903. Request for a Variance under Section 100-33, based on the Building Inspector's April 19, 2006 Notice of Disapproval concerning a proposed conversion of an existing unheated seasonal cottage to an accessory building, to remain in its present location, and to construct a new dwelling which places accessory buildings in yards other than the code required rear yard, at 10900 North Bayview Road, Southold; CTM 79-8- 18.1. BOARD RESOLUTION: (Please see transcript of written statements Page 5 - Minutes Regular Meeting held June 22, 2006 Southold Town Zoning Board of Appeals prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to adjourn the hearing to ,July 27, 2006 at 9:30 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:43 P.M. JAMES FITZGERALD #5905. Request for a Variance under Section 100-231, based on the Building Inspector's February 3, 2006 Notice of Disapproval, updated April 24, 2006, concerning fence in a front yard at a height exceeding the code-limitation of six feet, at 50 Oak Drive and Haywaters Drive, Cutchogue; CTM 104-5-25. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:48 P.M. RALPH and CARMELA CONSTANTINO #5908. Kathleen Quigley, Swim King Pools. Request for a Variance under Section 100-33, based on the Building Inspector's May 9, 2006 Notice of Disapproval concerning a proposed swimming pool in a yard other than the code-required rear yard, at 2105 Browns Hill Road, North View Drive and South View Drive, Orient; CTM 13-1-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of~ the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. 12:50 ~ 1:13 P.M. LEONARDO PAROLI #5901. Bill Gorman, New England Barns appeared earlier for the 12:15 p.m. time slot, however Mr. Gorman ask the Board, and tl%e Board agreed, to hold the hearing to the last hearing of the afternoon. This application is a request for a Variance under Section 100-3iA(i), based on the Building Inspector's March 27, 2006 Notice of Disapproval concerning an as- built accessory building (pool house accessory use). The reason stated for disapproval is that the as-built construction constitutes a second dwelling use. The original building permit was issued November 15, 2004 for an unheated accessory storage structure (BP #30770), and the applicant requests an amendment to include heat and other modifications for plumbing and related. Locatiqn of Property: 525 Orchard Street, Orient; CTM 25-2-20.11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, s~econded by Member Dinizio, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. RESOLUTONS/DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. :'The original was decided, and the original determination filed with the Southold Town Clerk for the following: DENIED #5833 - Application of DANIEL FISCHER. Page 6 - Minutes Regular Meeting held dune 22, 2006 Southold Town Zoning Board of Appeals RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Chairwoman Oliva confirmed the Special Meeting to be held on June 29, 2006 scheduled for 6 P.M. Town Hall Annex (NFB Building), Second Floor, Executive Board Room. Agenda will include possible Decisions/Resolutions, pending reviews of hearing documentation, and related. B. Resolution to authorize advertising of new hearings for 7/27/2006 Meeting concerning complete applications. C. New business: Brief discussion related to applications pending LWRP updates and zoning code issues pending before committees or TB. No action was taken. D. New reviews continued regarding pending applications and recent inspection or other follow-ups on new applications for department updates/other reviews. No action was taken. There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 1:40 P.M. Respectfully submitted, ' RE ;EIVI D 3 : °1 $outhold Town CI