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Home My WebLink AboutZBA-07/27/2006APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James 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, JULY 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, July 27, 2006 commencing at 9:30 A.M. Present were: Ruth D. Oliva, Chairwoman Gerard P. Goehringer, Member James Dinizio, Jr., Member Michael A. Simon, Member Leslie Kanes Weisman, Member Kiernan Corcoran, Assistant Town Attorney 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: I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRAI: BOARD RESOLUTION: Motion was made by Member Goehringer, seconded by Chairwoman Oliva, to declare the following Declarations: Type II Actions with no further steps regarding requests setback, dimensional, lot waiver, accessory apartment, bed and breakfast requests: JOSEPH GONZALES #5917 SCOTT and WENDY ALBRECHT #5923 JOHN MAZUR, JR., and ALICE MAZUR #5909 JENNIFER B. GOULD #5907 BARBARA THERMOS #5910 ROBERT and BETTY FOX #5911 PAMELA SMITH (a/k/a Pamela Katzer) #5913 JOHN RABKEVICH #5916 ALFRED FRODELLA #5922 STEPHAN SEQUOIN #5766 STEPHEN MATTEINI and STENDA REALTY, LLC #5918 BOARD OF TOWN TRUSTEES, TOWN OF SOUTHOLD #5914 Page 2 - Minutes Regular Meeting held duly 27, 2006 Southold Town Zoning Board of Appeals Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. RESOLUTONS/DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. The originals of each of the following applications were decided, with the original determinations fried with the Southold Town Clerk: ALLAN and ELLEN WEXLER #5903 - RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer and duly carried to withdraw this application per applicant's request, to consider other options. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). III. PUBLIC HEARINGS: The following public hearings were held, with Chairwoman Oliva introducing each application, and Member reading of the Legal Notice as published: 9:42 A~M. JOSEPH GONZALES #5917. Request for a Variance under Section 280-242A {formerly 100-242A), based on the Building Inspector's May 8, 2006 Notice of Disapproval concerning a proposed addition and alterations, which will constitute an increase in the degree of nonconformance when located less than 35 feet fr ,q~m the front yard lot line {ref. ZBA Interpretation No. 5039 and Section 280- 244, Zoning Code Bulk Schedule for lots containing less than 20,000 square feet in size). Location: 2700 Ole Jule Lane, Mattituck; CTM 122-4-14. 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 o? the Board: Ayes: All. This Resolution was duly adopted {5-0). 9:45 ,~M. SCOTT and WENDY ALBRECHT #5923. Request for a Variance under Section 280-33 {formerly 100-33), based on the Building Inspector's May 17, 2006 Notice of Disapproval for a building permit for a new in-ground swimming pool in a yard other than the required rear yard, at 5665 Main Road, Laurel; CTM 125-1- 15.1..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 (5-0). II. RESOLUTONS/DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. The originals of each of the following applications were decided, with the origi,nal determinations filed with the Southold Town Clerk: !i DENY and GRANT ALTERNATIVE RELIEF ARLENE and PETER MANOS #5893 III. PUBLIC HEARINGS {continued): The following public hearings were held, with Chairwoman Qliva introducing each application, and Member reading of the Legal Notice as published:: 10:001 A.M. JOHN MAZUR, JR. and ALICE MAZUR #5909. Amy Martin, Fairweather Brown Design. Request for Variances under Sections 280-242A (referfiug to Interpretation under Walz Appeal No. 5039) and 280-244, based on the Btiilding Inspector's April 3, 2006 Notice of Disapproval, amended May 18, 2006, ~iating that the new construction will increase the degree of nonconformance Page 3 - Minutes Regular Meeting held July 27, 2006 Southold Town-Zoning Board of Appeals when located with a front yard setback less than 35 feet and a rear yard setback less than 35 feet, and with an new increase of lot coverage in excess of the code limita(ion of 20%, at 3200 Camp Mineola Road, Mattituck; CTM 123-5-36.2. 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, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:08 A.M. JENNIFER B. GOULD #5907. Jennifer Gould, Erik Bressler, Esq.; H. Arnoff, Esq. for neighbor Bollman. Request for Variances under Sections 280- 242A (referring to Interpretation under Walz Appeal No. 5039) and 280-244, based on the Building Inspector's April 27, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling. The reasons stated in the Notice of Disapproval are that the new construction will constitute an increase in the degree of nonconformance when located less than 10 feet on a single side yard and less than 25 feet for the total combined side yards, at 1825 Truman's Path, East Marion; CTM 31-13-3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motiofi~ was offered by Chairwoman Oliva, seconded by Member Goehringer, to close 'the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:43 A.M. BARBARA THERMOS #5910. C. Rivera. Request for a Variance under,Section 280-32, based on the Building Inspector's May 18, 2006 Notice of Disapproval concerning a proposed dwelling with a number of stories above the code limitation of 2-1/2 stories, at 355 Sound Beach Drive, Mattituck; CTM 99-1- 19. 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: Ayes: All. This Resolution was duly adopte.d (5-0). 10:59 A.M. ROBERT and BETTY FOX #5911. Aggie, Architecnologies. Request for a Variance under Section 280-30A.3, based on the Building Inspector's May 1, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling with a setback less than 50 feet from the front yard lot line, at 940 Lg. urelwood Drive, Laurel; CTM 127-7-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This R~solution was duly adopted {5-0). 11:03 p,.M. PAMELA SMITH (a/k/a Pamela Katzer) #5913. C. Mesiano. Request for a Vgriance under Section 280-244, based on the Building Inspector's May 11, 2006 Notice of Disapproval concerning an as-built deck at less than 35 feet from the front yard lot line, at 550 Dolphin Drive, Greenport; CTM 56-7-10. BOARD RESOLUTION: {Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 4 - Minutes Regular Meeting held July 27, 2006 Southold Town Zoning Board of Appeals 11:37 A.M. JOHN RABKEVICH #5916. Request for Variances under Section 280- 242A (referring to Interpretation under Walz Appeal No. 5039) and 280-244, based on the Building Inspector's My 22, 2006 Notice of Disapproval, amended June 6, 2006 concerning an addition to the existing dwelling which will constitute an increase in the degree of nonconformance at less than 40 feet from the front yard lot line and for a swimming pool location in a yard other than the code- required rear yard, at 800 Cedar Drive (and Miller's Road), Mattituck; CTM 106- 10-23. 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, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:42 A.M. ALFRED FRODELLA #5922. Request for a Variance under Sections 280-242A and 280-244, based on the Building Inspector's April 24, 2006 Notice of Disapproval concerning as-built additions/alterations to the existing dwelling and ZBA Interpretation #5039, for the reason that the new construction will constitute an increase in the degree of nonconformance when located less than 60 feet from the front lot line. Location: 40735 C.R. 48 (a/k/a North Road or Middle Road), Southold; CTM 59-7-29.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion'iwas offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was d~41y adopted (5-0). 11:45 A.M. STEPHAN SEQUOIN #5766 by M. Rubin, Architect, John Hurtado. Request for Variances under Section 280-242A (based on Interpretation under Walz Appeal No. 5039) and 280-244, based on the Building Inspector's June 13, 2005 ~gotice of Disapproval, amended June 16, 2006, concerning proposed additions and alterations to an existing dwelling. The reasons stated for disapproving the building permit application are that the new construction will constitute an increase in the degree of nonconformance when located less than 35 feet from the front yard lot line and less than 35 feet from the rear yard lot line, at 3500 Lighthouse Road, Southold; CTM 50-2-1. 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 adjourn the hearing to 8/31/06 at 9:30 a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:18 ~P.M. STEPHEN MATTEINI and STENDA REALTY, LLC #5918. Mark Schwa4?tz, Architect; Don R. Connolly, Builder. Request for a Variance under Section~ 280-32 (formerly 100-32), based on the Building Inspector's April 12, 2006 Notice of Disapproval concerning a proposed open, roofed-over front entry addition which will be less than the code-required 35 feet from the front yard lot line, at, 1060 Willow Terrace Lane, Orient; CTM 26-2-22. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After rece~wng testimony, motion was offered by Chairwoman Oliva, seconded by Memb~? Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:25 ~.M. RESOLUTION (LUNCH): Motion was offered by Chairwoman Oliva, second,ed by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5 - Minutes Regular Meeting held duly 27, 2006 Southold Town Zoning Board of Appeals 1:10 P.M. RESOLUTION (RECONVENE): Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). III. PUBLIC HEARINGS (continued): The following public hearings were held, with Chairwoman Oliva introducing each application, and Member reading of the Legal Notice as published: 1:13 P.M. BOARD OF TOWN TRUSTEES, TOWN OF SOUTHOLD - ZBA #5914. Tom Samuels, President of d. Rambo; Jim King, President, Trustees; A. Pasca, Esq.; Erik Bressler, Esq., Cathy Mesiano; Mr. and Mrs. Zupa; Andrea Kaleja. Request for Town-Wide Interpretation of Zoning Code Section 280-241 (formerly 100-24~) regarding the following question: Where a legal nonconforming, preexis~cing dock/marina use is issued a wetlands permit that requires docks to be relocated in the same general area and reduced both in size and number, would compliance with those conditions cause the docks/marina to lose their legal nonconforming status under Section 100-241. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receivin, g testimony, motion was offered by Chairwoman Oliva, seconded by Member? Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTIONS / UPDATED REVIEWS / OTHER: A. The Chairwoman confirmed: Special Meeting scheduled for August 3ra at 6 PM, Executive Board Room, Annex Building, 2na Floor. B. The Chairwoman confirmed: New hearings for August 31st concerning complete applications. There .b. eing no other business properly coming before the Board at this time, Chairwoman 01iva declared the meeting adjourned. The meeting was adjourned at 4:00 P.M. Respectfully submitted, L~Inda Kowalski Include Reference' ' cisio (1) /Ger~. Goe~r~n~er ~ ~' proved for ~,iling RECEIVED D E'C 8 2009 Southold Town Cler[