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Home My WebLink AboutZBA-04/22/2004APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, APRIL 22, 2004 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, April 22, 2004 commencing at 9:30 a.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member Lydia A. Tortora, Member Vincent Orlando, Member James Dinizio, Member Pat Finnegan, Town Attorney (9 - 10:30 am) Linda Kowalski, ZBA Confidential Secretary 9:30 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 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: DEBRA VICTOROFF #5334 THOMAS CORNWELL #5473 LEN VACCARIELLO/SOUTHOLD FLOOR COVERING #5503 JOSEPH and MICHELLE SANTACROCE #5506 CHRISTOPHER and TRUDI EDWARDS #5509 LAWRENCE KOTIK #5508 ROBERT and SUSAN TOMAN #5507 FRANCOIS and SUZANNE LATAPIE #5466 WILLIAM BAUER #5515 LOCKE MCLEAN #5510 {rehearing of//5388) GEORGE ANASTASIADIS #5511 JOHN and HEATHER ROMANELLI #5513 EVERETT and MARILYN CORWIN #5504 STEPHEN and THERESA BARTENOPE #5517 Page 2 - Minutes Meeting held April 22, 2004 Southold Town Board of Appeals TOM and SUSAN MERIAM #5514 JOHN and MARION BRANDVOLD #5516 COWAN HOLDING LLC #5505 STEVE AXELROD and SANDRA SCHPOONT #5502 Vote of the Board: All. This Resolution was duly adopted (5-0). 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: DENIED GRANT ALTERNATE RELIEF: G. KAPASSAKIS #5440. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS, CONTINUED FROM above: The following public hearings were held, with Chairwoman Oliva introducing each application, and Member reading of the Legal Notice as published: 9:37 AM" DEBRA VICTOROFF #5334 (carryover from 1/22/04 pending receipt of Trustees gction on wetlands). This is a request for a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval. Applicant proposes~a dwelling at less than 35 feet from the front property line and less than 35 feet froml the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 & 29.1 (as one lot). BOARD RESOLUTION: {Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwom, an Oliva, seconded by Member Goehringer, to adjourn May 20, 2004 at 1:30 PM. Vote of the Board: All. This resolution was duly adopted (5-0). 9:38 AM THOMAS CORNWELL #5473 {adjournment requested 2/23 for attendance by Mr. Slagherty; PH carryover from 2/26). G. Strang, Architect. This is a request for a Variance under Section 100-30A, based on the Building Department's December 1, 2003 Notice of Disapproval, concerning proposed additions and alterations at less than 15 feet on a single side setback, at 500 West Cove Road, Cutchogue; CTM 111-2-8.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate:cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (5-0). 9:40 AM LEN VACCARIELLO/SOUTHOLD FLOOR COVERING #5503. Mr. Vaccariello and Tom McCarthy. This is a request for a Variance under Sections 100-102 and 100- 103C, based on the Building Department's December 11, 2003 Notice of Disapproval, and ame,nded Notice of Disapproval, concerning a proposed building (retail flooring business) with a rear yard at less than 35 feet, and building length greater than the code limitation of 60 feet (linear frontage facing C.R. 48). Location: 46025 C.R. 48, Southold; CTM 55-2-18.1. Zone: B Business. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (5-0). 9:55 AM JOSEPH and MICHELLE SANTACROCE #5506. This is a request for a Special Exception under Sec. 100-31B(13) for an Accessory Apartment in conjunction with the Page 3 - Minutes Meeting held April 22, 2004 Southo[d Town Boa[d of Appeals owners' residence, at 695 Kerwin Boulevard, Greenport; CTM 53-3-17.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Tortora, to close the hearing reserving decision. Vote of the Board: Ali. This resolution was duly adopted (5-0). 10:00 AM CHRISTOPHER and TRUDI EDWARDS #5509. This is a request for a Variance under Sections 100-242A and 100-244, based on the Building Department's February 24, 2004 Notice of Disapproval concerning proposed additions to dwelling which will be less than 40 feet from the front lot line. Location of Property: South Side of Madeline Avenue and east side of Crescent Avenue, Fishers Island; CTM 6-8-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (5-0). 10:11 AM LAWRENCE KOTIK #5508. This is a request for a Variance under Sections 100-242A and 100-244, based on the Building Department's February 23, 2004 Notice of Disapproval concerning proposed additions with a front yard setback at less than 35 feet, at 10 Middleton Road, Greenport; CTM 40-5-12. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.} After receiving testimony,, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the ~earing reserving decision. Vote of the Board: All. This resolution was duly adopted (5-0). 10:28 AM ROBERT and SUSAN TOMAN #5507. This is a request for a Variance under Section 100-244, based on the Building Department's February 26, 2004 Notice of Disapproval concerning a proposed deck addition with a front yard setback at less than 40 feet, at 3480 Main Bayview Road, Southold; CTM 78-2-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving .testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (5-0). 10:55 AM. FRANCOIS and SUZANNE LATAPIE #5466. This is a request for a Variance under Section 100-33, based on the Building Department's July 15, 2003 Notice of Disapproval concerning a proposed accessory garage in an area other than the required rear yar~d, at 1845 Broadwaters Road, Cutchogue; CTM #104-11-1.7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, to adjourn the hearing to June 4, 2004. Vote of the Board: All. This resolution was duly adopted (5-0). 10:56 AM WILLIAM BAUER #5515. This is a request for a Special Exception under Section ~00-31B(13} to establish an Accessory Apartment in conjunction with the owner's residence, at 350 Skunk Lane, Cutchogue; CTM 97-3-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. This resolutio¢ was duly adopted (5-0). 11:01 AM' LOCKE McLEAN #5510 (rehearing of #5388). R. Lark, Esq. This is a request for a Vari/ance under Section 100-244 based on the Building Inspector's March 4, 2004 Notice of,Disapproval, and/or rehearing for a change of use of the proposed addition, Page 4 - Minutes Meeting held April 22, 2004 Southold Town Board of Appeals which addition was approved under ZBA #5388 1/8/04, in part as a garage. The proposed construction will be less than 55 feet from the front lot line. Location of Property: Corner of Oriental Avenue and the Gloaming), Fishers Island; CTM 10-10-5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (5-0). 11:25 AM RESOLUTION (BREAK): Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to recess until 1:00 PM. Vote of the Board: Ayes: All. This Resolutioh was duly adopted (5-0). 1:10 PM RESOLUTION (RECONVENE): Motion was offered by Member Goehringer, seconded by Chairwoman Oliva, to reconvene the meeting. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). PUBLIC HEARIN~GS, CONTINUED FROM above: The following public hearings were held, with Chairwoman Oliga introducing each application, and Member reading of the Legal Notice as published: 1:10 PM., GEORGE ANASTASIADIS #5511. This is a request for a Variance under Section ii00-244B, based on the Building Inspector's February 24, 2004 Notice of Disappr(~val, a.m. ended March 12, 2004, concerning a proposed deck which exceeds the code'timitation of 20% for building coverage, at 505 Cpt. Kidd Drive, Mattituck; CTM 106-5-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (5-0). 1:13 PM JOHN and HEATHER ROMANELLI #5513 by Tom Samuels, Architect. This is a request for a Variance under Sections 100-242A and 100-244B, based on the Building Inspector's February 5, 2004 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling which will be less than 20 feet on a single side yard, at 3535 Cedar Beach Road, Southold; CTM 93-1-6.3. BOARD RESOLUT~ION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (5-0). 1:25 PM: EVERETT and MARILYN CORWIN #5504. This is a request for a Variance under Section 100-242A, based on the Building Department's February 6, 2004 Notice of Disapproval, concerning a proposed second-story addition which will be less than 35 feet from the front lot line, less than 10 feet on one side yard, and less than 25 feet for combined side yards, at 217 Oak Street, Greenport; CTM 42-1-30. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (5-0). 1:35 PM STEPHEN and THERESA BARTENOPE #5517, Meryl Kramer, Architect. This is a request for a Variance under Section 100-242A, based on the Building Inspector's March 15, 2004 Notice of Disapproval concerning a proposed second-story addition at less than 40 feet from the front lot line, at 1450 Youngs Road, Orient; CTM 18-2-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under Page 5 - Minutes Meeting held April 22, 2004 Southold Town Board of Appeals separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (5-0). 1:45 PM TOM and SUSAN MERIAM #5514. This is a request for a Variance under Sec. 100-33, based on the Building Inspector's March 4, 2004 Notice of Disapproval, a.m. ended March 11, 2004, concerning a proposed accessory building (storage pool house) in a yard other than the required rear yard, at 1335 Marratooka Rd., Mattituck; CTM 115-11-26. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (5-0). 1:55 PM JOHN and MARION BRANDVOLD #5516. This is a request for a Variance under Sections 100-242A and 100-244 and 100-239.413, concerning reconstruction of an existing dwelling which will be less than 10 feet on a single side yard, less than 15 feet on the remaining side yard, for total side yards at less than 25 feet, and less than 75 feet from the bulkhead. Location of Property: 1955 Bay Shore Road, Greenport; CTM 53-4-10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn the hearing to dune 22nd. Vote of the Board: All. This resolution was duly adopted (5-0). 2:10 PM RESOLUTION (BREAK): Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:25 PM RESOLUTION (RECONVENE): Motion was offered by Member Goehringer, seconded by Chairwoman Oliva, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS, CONTINUED FROM above: The following public hearings were held, with Chairwoman Oliva introducing each application, and Member reading of the Legal Notice as published: 2:25 PM COWAN HOLDING LLC #5505 by G. Wickham, Esq. This is a request for a Variance 'under Section 100-244, based on the Building Department's February 25, 2004 Notice of Disapproval concerning proposed additions and alterations at less than 10 feet fi;om the side lot line, at 290 Smith Drive North, Southold; CTM 76-2-18. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded .by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This resolution was duly adopted (5-0). 2:30 PM STEVE AXELROD and SANDRA SCHPOONT #5502 by J. Foster Architect; Ann Clements, opposition. This is a request for a Variance under Sections 100-242A and 100-244, based on the Building Inspector's February 6, 2004 Notice of Disapproval, concerning proposed additions and alterations at less than 10 feet on a single side yard and less than 25 feet for combined side yards, at 630 Ruch Lane, Greenport; CTM 52-2- 26. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn the hearing to May 20t~ at 1:40 pm, with alternate plan to be submitted by May 12th. Vote of the Board: All. This resolution was duly adopted (5-0). Page 6 - Minutes Meeting held April 22, 2004 Southold Town Board of Appeals RESOLUTIONS/UPDATED REVIEWS/OTHER A. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to confirm the next Special Meeting to be held on May 6th at 6:00 PM, Town Hall Annex, North Fork Bank Building, 549375 Main Road at Youngs Avenue, Southold. Vote of the Board: All. This resolution was duly adopted (5-0). B. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer and duly carried to authorize advertising of hearings for Regular Meeting to be held May 20, 2004, commencing at 9:30 A.M., Town Meeting Hail, Main Road, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). EXECUTIVE SESSION: (none). There b~eing no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 3:20 p.m. ~~~Inclu by Referenc ' ' (1 Gerar . Goehri, nger Respectfully submitted, Linda Kowalski Secretary to the Board $outhokl Town Cler~