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Home My WebLink AboutZBA-04/27/2006Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY l 1971-0959 http://southoldtown.north fork .net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, APRIL 27, 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, April 27, 2006 commencing at 9:30 A.M. Present were: Gerard P. Goehringer, Chairman Pro Tem James Dinizio, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Confidential Secretary Absent was: Ruth D. Oliva, Chairperson 9:42 A.M. Chairman Pro Tem Goehringer called the meeting to order with the Pledge of Allegiance. 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 Chairman Goehringer, 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: ROSE HAJEK #5877 JOSEPH and DORIS MONACO #5864 RALPH and CAROLYN SINOPOLI #5876 HENRY GALIZIA #5871 CHERYL FELD and JON MARGOLIS #5875 JIM and SUSAN SWEENEY #5865 BIEL ASSOCIATES and GASTON CRIBLEZ #5855 JOHN CHAPMAN #5857 LORETTA CAMPBELL #5873 NICHOLAS and IRENE RALLIS #5861 JAY W. GUILD #5866 Page 2 - Minutes Regular Meeting held April 27, 2006 Southold Town Zoning Board of Appeals DANIEL FISCHER #5833 JOHN and JACQUELINE BENDICK #5881 JOHN and DENISE BANER #5874 ESTATE OF GLENN E. BOOCOCK #5868 SHEILA R. KENNEDY, Contract Vendee (RAUCH PARTNERS LP, Owners) #5870 NICHOLAS ALIANO #5846 Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. III. PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 9:43 A~M. ROSE HAJEK #5877 by Aggie of Architecnologies. Request for a Variance under Sections 100-242A 0Nalz Interpretation No. 5039) and 100-244, based on the Building Inspector's Mamh 13, 2006 Notice of Disapproval concerning removal of the first floor of the existing dwelling and reconstruction. The recent first-floor reconstruction was found to be beyond the scope of the building permit requested and granted on August 9, 2005 (31715-Z) and variance requested and granted under Appeal No. 5757 concerning a second-story addition over the existing first floor, at less than 40 feet from the front yard line and less than 50 feet from the rear yard line. Location: 15305 New Suffolk Avenue and Grathwohl Road, New Suffolk; CTM 117-6-15. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to adjourr)/recess to 1:20 p.m. today for contractor to attend. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. See 1:46 P.M. update when reconvened. 10:00 A.M. JOSEPH and DORIS MONACO #5864. Request for a Variance under Section 100-331 based on the Building Inspector's February 23, 2006 Notice of Disapproval stating that the as-built fish pond is considered an accessory in-ground structure (pond) which shall be located in a code-required rear yard. (The pond is located along the side of the most eastern rear extension of the house.) Location of Property: 1300 Park Avenue, Southoid; CTM 56-1-2.7. BOARD RESOLUTION: (Please see transcript of written statembnts prepared under separate cover.) After receiving testimony, motion was offered by Ch,a!rman Goehringer, seconded by Member Weisman, to close the hearing for two weeks 'pending additional information discussed at hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 10:12 A.M. RALPH and CAROLYN SINOPOLI #5876. Request for a Variance under Section'- 100-30A. 3, based on the Building Inspector's November 14, 2005 Notice of Disapproval concerning a proposed addition with alterations, connecting the existing dwelling and detached garage, resulting in a principal building area with a setback at less than the code required 50 feet from the rear lot line, at 315 Park Avenue, Southold; CTM 56-1-212. BOARD RESOLUTION: (Please see transcript of written statements prepared under Separate cover.) After receiving testimony, motion was offered by Chairman Goehri.nger, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. Page 3 - Minutes Regular Meeting held April 27, 2006 Southold Town Zoning Board of Appeals 10:14 A.M. HENRY GALIZIA #5871. Request for a Variance under Section 100-244, based on the Building Inspector's October 6, 2005 Notice of Disapproval, concerning proposed additions to the existing dwelling with setbacks at less than 35 feet from the front yard lot line, at 190 Gillette Drive, East Marion; CTM 38-2-2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. III. PUBLIC HEARINGS, CONTINUED FROM III, above: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal NotiCe as published: 10:18 A.M. CHERYL FELD and JON MARGOLIS #5875. Lisa Gluck, neighbor. Request for a Variance under Section 100-33, based on the Building Inspector's March 10, 2006 Notice t~f Disapproval concerning a swimming pool proposed in a yard other than the code- required rear yard, at 300 Birch Road, Southold; CTM 54-9-18.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Welsman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolu.tion was duly adopted (4-0). Member Oliva was absent. 10:22 ,A.M. JIM and SUSAN SWEENEY #5865. Rob Lehnert, Blvd. Planning East. RequeCt for a Variance under Section 100-239.4B, 100-242A 0Nalz Interpretation No. 5039) i~nd 100-244, based on the Building Inspector's December 29, 2005 Notice of Disapp~'Oval, concerning proposed additions with alterations to the existing dwelling, at less than 2~ feet on a single side yard and less than 35 feet total side yards, less than 35 feet from the front lot line, and less than 75 feet from the bulkhead. Location of Property: 2950 Minneh~ha Boulevard, Southold; CTM 87-3-42. BOARD RESOLUTION: (Please see transc~:il~t of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 10:31 A.M. BIEL ASSOCIATES and GASTON CRIBLEZ #5855. Charles Cuddy, Esq., P. Moore,!Esq., Mrs. Paul Breene. (Continued from 3/30 PH for alternative plan; alternative received April 21~t). Request for a Variance under Section 100-244 ~ 75 fcct' tc bu!khccd;, based on the Building Inspector's January 3, 2006 Notice of Disapp[oval concerning a proposed dwelling at less than 35 feet from the front yard lot line, at 1315'Water's Edge Way, Southold; CTM 88-5-68. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered, by Chairman Goehringer, seconded by Member Simon, to close the hearing~ reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 11:05 ,~.M. JOHN CHAPMAN #5857. Ted Angel. Request for a Variance under Section 100-33~'" based on the Building Inspector's January 25, 2006 Notice of Disapproval concerning a swimming pool proposed in a yard other than the required rear yard, at 2700 Arrowhead Lane, Southold; CTM 1000-98-2-20.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion :was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. Page 4 - Minutes Regular Meeting held April 27, 2006 Southold Town Zoning Board of Appeals RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded by, Member Weisman, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 11:25 A.M. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer, seconded by Member Weisman, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. III. PUBLIC HEARINGS, CONTINUED FROM III. above: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 11:25 ,~.M. LORETTA CAMPBELL #5873. Request for a Variance under Section 100- 244, I~ased on the Building Inspector's February 17, 2006 Notice of Disapproval concermng proposed additions to the existing dwelling with: (a) building setbacks at less than 1Ofeet on a single side yard, less than 25 feet of total side yard area, and less than 35 foot front yard, and (b) lot coverage exceeding the code limitation of 20 percent for total building area. Location of Property: 1545 East Gillette Drive, East Marion; CTM 38-4-23. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 11:49 A.M. NICHOLAS and IRENE RALLIS #5861. J. Fitzgerald, Proper-T Permit Service. Request for a Variance under Section 100-33, based on the Building Inspector's January 17, 2006 Notice of Disapproval concerning a proposed swimming pool in a yard other than the code-required rear yard, at 305 Summit Drive, Mattituck; CTM 106-1-40. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) ~After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Simon, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. II. DELIBERATioNS/DECISIONS: The Board deliSerated 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 WITH CONDITIONS: ~ERIC ROULEAU and JAMES CARDWELL #5852 12:00 P.M. RESOLUTION (LUNCH): Motion was offered by Chairman Goehringer, seconded by Member Weisman, to recess for lunch. Vote of the Board: Ayes: All. This Resolu~on was duly adopted (4-0). Member Oliva was absent. 1:15 P.M. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer, seconded by Member Weisman, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. Page 5 - Minutes Regular Meeting held April 27, 2006 Southold Town Z~ning Board of Appeals III. PUBLIC HEARINGS, CONTINUED FROM III, above: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 1:15 P.M. JAY W. GUILD #5866. Request for a Variance under Section 100-31A(2-C), based on the Building Inspector's August 30, 2005 Notice of Disapproval, amended March 1,2006 concerning commercial agricultural greenhouses in a location at less than 75 feet from the rear lot line, less than 20 feet on a single side yard, and exceeding the code limitation of 20 percent lot coverage on this 6-acre parcel, at 34695 C.R. 48 (a/k/a Middle Road or Nodh Road), Peoonic; CTM 68-4-19. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 1:46 P.M. ROSE HAJEK #5877- RECONVENED from earlier - by Aggie of Architecnologies, Frank Hajek, owner. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered ,by Chairman Goehringer, seconded by Member Weisman, to close the hearing reserviffg decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member~Oliva was absent. 2:00 P..M. DANIEL FISCHER #5833. P. Moore, Esq. Request !or Area Variances under Section~J 100-32 and 100-244, based on the Building Inspector s December 6, 2005 Notice of Disal~proval, amended February 1, 2006, concerning a proposed land area of less than 40,000 :square feet in this proposed two-lot subdivision, and setback at less than 15 feet on a side Yard for a proposed dwelling, at 38785 Main Road (Route 25), and Ryder Farm Lane, O'rient; CTM 15-8-1.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing reserving decisior~. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. 2:21 P.M. JOHN and JACQUELINE BENDICK #5881. P. Moore, Esq. Request for a VarianCe under Sections 100-242A (Walz Interpretation No. 5039) and 100-244, based on the Buii~ing Inspector's March 3, 2006 Notice of Disapproval concerning proposed additior1~ to the existing single-family dwelling, which increase the degree of the noncon.f,0rmity when located at less than the code required 40 feet from the front yard lot line. L(~¢ation: 860 Carrington Road, Cutchogue; CTM 111-6-11. BOARD RESOLUTION: (Please;see transcript of written statements prepared under separate cover.) After receivin~l testimony, motion was offered by Chairman Goehringer, seconded by Member Weism~n, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolu!!0n was duly adopted (4-0). Member Oliva was absent. 2:39 p.M. JOHN and DENISE BANER #5874. Request for Variances under Sections 100- 33 and ;J00-244, based on the Building Inspector's July 19, 2005 Notice of Disapproval concerding a proposed dwelling at less than 40 feet from the front lot line, and accessory garage !h a yard other than the required rear yard. Location: 2325 Greenway East, Orient; CTM 15:1-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing reserving decision.. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. Page 6 - Minutes Regular Meetin~ held April 27, 2006 Southold Town Zoning Board of Appeals 2:43 P.M. ESTATE OF GLENN W. BOOCOCK #5868. S. Ham Esq. Request for Area Variances under Section 100-32, based on the Building Inspector's February 26, 2006 Notice of Disapproval, amended March 7, 2006, concerning proposed re-division of land with revised lot sizes, resulting in a nonconforming lot size for Lot 1 of less than 120,000 square feet (and conforming area for Lot 2). Location of Property: East End Road (at Block Island Sound), Fishers Island; CTM 4-7-1 and 2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to clos~ the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. III. PUBLIC .HEARINGS, CONTINUED FROM III, above: The following public hearings were held, with Chairman Goehringer introducing each apphcation, and Member reading of the Legal Notice as published: 2:50 P.M. SHEILA R. KENNEDY, Contract Vendee (RAUCH PARTNERS LP, Owners) #5870. S. Ham, Esq. Request for a Variance under Section 100-32, based on the Building Inspector's February 22, 2006 Notice of Disapproval, concerning a proposed dwelling at less th~n 60 feet from the front yard line facing a private right-of-way, less than 75 feet from th~ code-required rear yard hne, premises located north of Equestrian Avenue, F~shers Island at Hay Harbor; Lot #2, M~nor Subd~ws~on Map of Frances B. Rausch and others, illed 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 Chairman Goehringer, seconded by Member Weisman, to adjou('n hearing to May 25, 2006 at 1:00 p.m. per request of Walter Keenan for time to attend f~om California. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). ~ember Oliva was absent. 3:06 P.M. NICHOLAS ALIANO #5846 (Continued hearing from 3~30/06). Request for Variances: (1) under Section 100-239.4A(1), based on the Building Inspector's January 5, 2006 N~tice of Disapproval, concerning a building permit 0~L31581Z) issued in error, for a Iocation~set back less than the code required 100 feet from the top of the Long Island Sound 15luff, and (2) based on the Building Inspector's January 13, 2006 Notice of Disapp{pval, citing Section 100-244, for a reduced front yard setback for alternative relief with the'applicant's suggested new dwelling size and location at less than the required 100 feet from the top of the bluff and less than the required 40 feet from the front yard lot line. Location of Property: 3705 Duck Pond Road, Cutchogue; CTM 83-1-12. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) i;After receiving testimony, motion was offered by Chairman Goehringer seconded by Member We~sman, to close to oral porbon and close on matter for written input. Vote of the Boa"d: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Speq, ial Meeting May 11th at 6 P.M. Town Hall Annex (NFB Building), 2"~ floor EXeCutive Board Room. Agenda will include possible Decisions/Resolutions (tabled froth'April 27th pending reviews of hearing documentation). Page 7 - Minutes Regular Meeting~held April 27, 2006 Southold Town Zoning Board of Appeals RESOLUTION ADOPTED: Motion was offered by Member Simon, seconded by Member Dinizio and duly carried, to authorize advertising of new hearings for May 25, 2006 meeting concerning complete applications, commencing at 9:30 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Oliva was absent. There being no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 3:40 P.M. Gerard~GoeH.iinger, Chairrr~n f' APpr~ed for Filing / Respectfully submitted, Linda Kowalski $oulholcl Town Cled