HomeMy WebLinkAboutZBA-04/26/2007APPEALS BOARD MEMBERS
Ruth D. Oliva
Gerard P. Goehringer
James Dinizio, Jr.ChaLwmn
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 · EO. 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, APRIL 26, 2007
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 26, 2007 commencing at 9:30 A.M.
Present were:
James Dinizio, Chairman/Member
Ruth D. Oliva, Member
Gerard P. Goehringer, Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Kieran Corcoran, Assistant Town Attorney (arr: 10:22 a.m.)
Linda Kowalski, ZBA Confidential Secretary
9:36 A.M. Chairman Dinizio called the meeting to order.
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, 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:
ALAN SANTOS #6011
MARTHA ROSENTHAL #6018
JERRY and LINDA MATEJKA #6018
JOHN and VIVIAN AN EMOYAN IS #6019
CELESTE SHEVLIN and PATRICIA BOOKE #6021
PAUL CAClOPPO #6020
LINDA BERTANI #6022
LEILA HADLEY LUCE #6015
LENNY and RANDEE DADDONA #6023
AMY and CHRISTOPHER ASTLEY #6004
JOSEPH GULMI and SUSAN BRAVER #5994
EDWARD FERGUS #5941
JOHN and PATRICE KEITT #6008
LEE and MARIE BENINATI #6017
Page 2 - Minutes
Meeting held April 26, 2007
Southold Town Zoning Board of Appeals
KATHLEEN BOWER #5981
MARY ZUPA #6010
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
II. PUBLIC HEARINGS: Chairman Dinizio opened each hearing and read the Legal Notice for
the record concerning each application:
9:36 a.m. ALAN SANTOS #6011. Request for a Variance under Section 280-15-B,
based on the Building Inspector's December 13, 2006 Notice of Disapproval concerning a
proposed shed attached at the side of the dwelling, set back less than 20 feet from
property line. Location of Property: 933 New Suffolk Road and private right-of-way,
Cutchogue; CTM 102-6-24. (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered
by Member Weisman, seconded by Member Goehringer, to close the hearing reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
9:55 a.m. MARTHA ROSENTHAL #6024. Tom Auburn, CT Builder. Request for a
Variance under Section 280-124, based on applicant's request for a building permit and
the Building Inspector's February 20, 2007 Notice of Disapproval concerning a proposed
addition which will be less than 35 feet from the rear lot line, at Munnatawket Road (north
of Fox Avenue), Fishers Island; CTM 6-3-2. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving testimony,
motion was offered by Chairman Dinizio, seconded by Member Oliva, to close the
hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adoptbd (5-0).
9:58 a.m. JERRY and LINDA MATEJKA #6018. Request for a Variance under Section
280-15, based on the applicants' request to amend Building Permit No. 32557-Z, based
on the Building Inspector's February 2, 2007 Notice of Disapproval concerning the
existing garage located in a yard other tha0 the code-required rear yard. The new
construction places the existing garage in a side yard, at 1300 Strohson Road,
Cutchogue; CTM 103-10-27. (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered
by Chairman Dinizio, seconded by Member Oliva, to close the hearing reserving decision.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:08 a.m. JOHN AND VIVIAN ANEMOYANIS #6019. Request for a Variance under
Section 280-124, based on Building Permit #32427-Z and construction of the deck
addition, a corner of which is less than 50 feet from the rear 1or line at its closest point, at
2960 Lighthouse Road, Southold; CTM 50-4-2.2. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Member Goehringer, seconded by Member Weisman,
to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
1.0:12 a.m. CELESTE SHEVLIN and PATRICIA BOOKE #-6021. Request for a Variance
under'Section 280-124, based on the applicants' request for a building permit to construct
additions and alterations to the existing dwelling, and the Building Inspector's Notice of
Disapproval, amended March 8, 2007, stating the new construction will be less than 40
feet from the front lot line facing Wunneweta Road. Location: 1020 Vanston Road,
Cutchogue; CTM 104-12-11. (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered
Page 3 - Minutes'
Meeting held April 26, 2007
Southold Town Zoning Board of Appeals
by Member Oliva, seconded by Member Goehringer, to close the hearing reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
II. PUBLIC HEARINGS with reading of Legal Notice for each hearing, (continued):
10:22 a.m. PAUL CACIOPPO #6020. Rob Lehnert, Boulevard. Planning East. Request
for Variances based on the Building Inspector's March 6, 2007 amended Notice of
Disapproval, stating: (1) under Section 280-15, the side yard setback shall not be less
than five feet, for the existing accessory cottage, approximately 16 feet in height; (2)
under Section 280-15B, the existing accessory garage will result in a side yard location
instead of a code-required rear yard, after the proposed construction; (3) the proposed
additions to a nonconforming accessory cottage use are not permitted under Sections
280-13C and 280-121A; no enlargement, alteration, extension, reconstruction, or
restoration, or placement on a different portion of the lot or parcel of land occupied by
such use on the effective date of this chapter, nor shall any external evidence of such use
be increased by any means whatsoever; (4) under Section 280-124, the proposed
additions and alterations to the single-family dwelling are not permitted for the reason that
the new construction will be less than 35 feet from the rear lot line and the lot coverage
will exceed the code limitation of 20 percent building coverage. Location: 735 Jackson
St., New Suffolk; CTM 117-9-6. (Please see transcript of written statements prepared
under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
offered by Member Oliva, seconded by Member Goehringer, to close the hearing
reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-
0).
11:10 a.m. LINDA BERTANI #6022. John Bertani. Request for a Variance under
Sections 280-122A and 280-124, based on applicant's January 22, 2007 application
requesting a building permit to construct a porch addition and the Building Inspector's
Notice of Disapproval stating that the new addition will constitute an increase in the
degree of nonconformance under Zoning Code Interpretation #5039 0Nalz) when
constructed less than 40 feet from the front lot line at North Bayview Road. Location:
1380 Oakwood Drive, Southold; CTM 70-12-32. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Member Weisman, seconded by Member Goehringer,
to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution
was duly adopted (5-0).
11:13 a.m. LEILA HADLEY LUCE #6015. Garth McDonough, Architect. Request for a
Variance under Section 280-124, based on the Building Inspector's August 25, 2006
Notice of Disapproval, amended March 7, 2007 concerning proposed additions and
alterations to an existing single-family dwelling at less than 35 feet from the westerly front
yard 10t line. Location of Property: West Side of Montauk Avenue and East Side of
private right-of-way, Fishers island; CTM 10-8-1.2. (Please see transcript of written
statements prepared under separate cover.) BOARD RESOLUTION: After receiving
testimony, motion was offered by Member Oliva, seconded by Member Goehringer, to
close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
11:25 a.m. LENNY and RANDEE DADDONA #6023. Vicki Toth, Agent. Request for a
Variance under Section 280-15, based on the applicant's request for a building permit to
construct a swimming pool, and the Building Inspector's Mamh 9, 2007 Notice of
Disapproval for the reason it is proposed in a yard other than the code-required rear yard
on this 34,538 sq. ft. lot with two front yards, at 1380 Calves Neck Road, Southold; CTM
63-7-25. (Please see transcript of written statements prepared under separate cover.)
Page 4 - Minutes
Meeting held April 26, 2007
Southold Town Zoning Board of Appeals
BOARD RESOLUTION: After receiving testimony, motion was offered by Member
Goehringer, seconded by Member Weisman, to adjourn the hearing to 1:30 p.m. 4/26/07
(today). Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
II. PUBLIC HEARINGS with reading of Legal Notice for each hearing, (continued):
11:53 a.m. AMY and CHRISTOPHER ASTLEY #6004. Bill Ryall, Architect. 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) proposed additions to the
existing dwelling which will be less than 40 feet from the front property line, and (3)
proposed swimming pool in a location other than the code-required rear yard and less
than 40 feet from the front lot line. Location of Property: 460 Northview Drive, Orient;
CTM 13-1-5.2. (Please see transcript of written statements prepared under separate
cover.) BOARD RESOLUTIONS: After receiving testimony, motion was offered by
Member Goehringer, seconded by Member Oliva, to adjourn the hearing to May 31,
2007. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
Also, a motion was offered by Member Oliva, seconded by Member Weisman to draft
memo to Trustee for Bluff Line Inspection. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
12:55 p.m. JOSEPH GULMI and SUSAN BRAVER #5994. Request for Variances
under Zoning Code Section 280-105, based on the Building Inspector's December 11,
2006 Notice of Disapproval concerning an as-built fence exceeding the code limitation
of four feet in height when located in or along a front yard area, and under former
Section 100-33 (now 280-15) for relief from Condition under ZBA No. 5340 concerning
the location of an as-built swimming pool (ref. B.P. #91932-Z), at less than 30 feet from
the front lot line. Location of Property: 250 Pine Tree Court, Cutchogue; CTM 98-1-
7.11 (Please see transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by Chairman
Dinizio, seconded by Member Goehringer, to close the hearing reserving decision.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
SHORT BREAK: Motion was offered by Member Weisman, seconded by Member Oliva,
to take a shod recess. Vote of the Board: Ayes: All. This Resolution was duly adopted
(5-0).
1:42 p.m. RECONVENED: Motion was offered by Member Oliva, seconded by Member
Weisman, to reconvene the hearings. Vote of the Board: Ayes: All. This Resolution
was duly adopted (4-0). Member Goehringer was absent for resolution~
1:42 p.m. Chai?man Dinizio reconvened and proceeded with the agenda, as follows:
I1. PUBLIC HEARINGS with ZBA reading of Legal Notice for each application, continued):
1:42 p.m. LENNY and RANDEE DADDONA #6023. Adjourned from 4/26/07 (today)
11:25 a.m. (Please see transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by Chairman
Dinizio, seconded by Member Goehringer, to close the hearing reserving decision. Vote
of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer
was absent for resolution.
Page 5 - Minutes
Meeting held April 26, 2007
Southold Town Zoning Board of Appeals
IlL I~ELIBERATIONS/DECISIONS (carryover items from 4/19 Agenda):
PH concluded 3/29 and written record concluded 4/19:
EDWARD FERGUS #5941. This is an application requesting a Variance under Section 280-18
(100-30A.3) based on the Building Inspector's May 31,2006 Notice of Disapproval concerning an
application for a building permit to build a single-family dwelling in a location less than the code-
required 50 feet from the rear lot line, at 1854 North Bayview Road, Southold; CTM 70-12-39.3.
PH concluded 3/29. RESOLUTION ADOPTED: Motion was made by Member Goehringer,
seconded by Member Weisman, to deny the variance as applied for and grant Alternative Relief
with conditions: Vote of the Board: Ayes: All. This Resolution was ADOPTED (5-0). The
original determination was filed with the Southold Town Clerk and attached hereto as those fully
written into this set of Minutes.
II. PUBLIC HEARINGS, continued from II above, with reading of Legal Notice for each hearing:
1:58 p.m. LEE and MARIE BENINATI #6017. Harvey Arnoff, Esq. Request for
Variances under Sections 280-15 and 280-38C-1, based on the Building Inspector's
January 4, 2007 Notice of Disapproval, amended February 22, 2007 concerning an
application for a building permit for an accessory garage with storage loft: (a) in a yard
other than the required rear yard, (b) set back less than 25 feet from the property line,
(c) height exceeding the code limitation of 22 feet to the top of the ridge, and (d) dormer
exceeding 40% of the roof width. Location: 3070 Peconic Lane and C.R. 48 (Middle Rd;
North Rd), Peconic; CTM 74-3-15. (Please see transcript of written statements prepared
under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
offered by Member Oliva, seconded by Member Goehringer, to close the hearing
reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-
0).
2:15 p.m. KATHLEEN BOWER #5981. (Carryover from February 22'~ - extending
additional time needed by applicants to obtain a site diagram, plot plan or site survey
prepared by a professional confirming details of building/property/setback to front
property line at closest point). Request for a Variance under Section 280-15, based on
the Building Inspector's September 19, 2006 Notice of Disapproval concerning an as-built
accessory shed located in a yard other than the code-required rear yard, at 12710
Soundview Avenue and corner of Horton's Lane, Southold; CTM Parcel 54-7-1.3.
(Please see transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Member Weisman,
seconded by Member Goehringer, to close the hearing reserving decision. Vote of the
Board: Ayes: All. This Resolution was duly adopted (5-0).
2:25 p.m. MARY ZUPA #6010. (Carryover from 3/29 PH, with adjournment- extending
time for applicant to amend application as per 3/29 PH discussions). This is an Appeal
for an Interpretation or other action, based on the Building Department's December 21,
2006 return of a building permit application to construct a single-family dwelling at 580
Basin Road, Southold; CTM 81-1-16.7. (Please see transcript of written statements
prepared under separate cover.) BOARD RESOLUTION: After receiving testimony,
motion was offered by Member Oliva, seconded by Member Goehringer, to adjourn the
hearing without a date. Vote of the Board: Ayes: All. This Resolution was duly adopted
(5-0).
Page 6 - Minutes
Meeting held April 26, 2007
Southold Town Zoning Board of Appeals
V. RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. RESOLUTION ADOPTED: Motion was offered by Member Weisman, seconded by
Member Simon and duly carried to accept and authorize filing of Minutes prepared for
meeting of March 29, 2007 with the Town Clerk's Office. Vote of the Board: Member
Dinizio (Chairman), Member Oliva, Goehringer, Simon and Weisman. This Resolution
was duly adopted (5-0).
B. Discussion.
C. The Chairman confirmed the Special Meeting for 6:00 p.m. Thursday, May 10, 2007,
Annex Building, NFB 2"d Floor.
D. The Chairman confirmed the scheduled Regular Meeting for 9:30 a.m. Thursday,
May 31, 2007 at the Town Meeting Hall.
There being no other business properly coming before the Board at this time, Chairman
Dinizio declared the meeting adjourned. The meeting was adjourned at 2:50 p.m.
Respectfully submitted.
~ ' ~ Linda Kowalski
/'- / Secretary, Board of Appeals
Inc~f'Re~~7~
/Gera, Br.e~l~ Goehringer ' fl /
r~ed for Filing
Seu~ho~ Tow~ Clef[