HomeMy WebLinkAboutZBA-08/31/2006APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard E Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.north fork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTI-IOLD
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, AUGUST 31, 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, August 31, 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
Kieran Corcoran, Assistant Town Attorney
Linda Kowalski, ZBA Confidential Secretary
9:30 A.M. - 9:45 A.M. - Court Arraignment.
9:45 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 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:
STEPHAN SEGUOIN #5766
JUDLIA VIDULICH #5930
MARY BUTZ #5920
THOMAS CAVANAGH #5932
GREG and RITA TYLER #5936
LUKE SLACK #5935
PAUL MALONEY #5947
FHV, LLC #5919
JAMES TOZAR #5937
PHILIP PALMERI #5925
JIM and JANET D'ADDARIO #5928
KARNICK GARIPIAN and HACI GARIPIAN #5931
Page 2 - Minutes
Regular Meeting held August 31, 2006
Southold Town Zoning Board of Appeals
JOHN SHACK JR. //5933
LEONARD ROSENBAUM #5938
GEORGE and SANDRA ENGELKE//5895
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
PUBLIC HEARINGS: The following public hearings were held, with Chairwoman Oliva
introducing each application, and Member reading of the Legal Notice as published:
9:46 A.M. Carryover Hearing: STEPHAN SEGUOIN 4/5766. Jim Fitzgerald,
Proper-T Permit Services for applicant; J. Hurtado, opposition. Request for
Variances under Section 100-242A (based on Interpretation under Walz Appeal
No. 5039) and 100-244, based on the Building Inspector's June 13, 2005 Notice
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.) Motion was
offered by Chairwoman Oliva, seconded by Member Geohringer, to close the
hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
10:08iA.M. JUDLIA VIDULICH #5930 - Robert and Madeline Wendell, opposition.
The Applicant-Owner is requesting a Special Exception under Article III, Section
280-31B (formerly 100-31), sub-section 13 of the Zoning Code, to establish an
Access~ory Apartment within the existing applicant's dwelling as the principal
building, at 375 Goose Creek Lane, Southold; CTM 78-8-20. BOARD
RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member
Simoni to close the hearing, reserving decision. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
10:27 A.M. MARY BUTZ #5920 by Bill Gorman. Request for a Variance under
Section 100-33 based on the Building Inspector's June 2, 2006 Notice of
Disapproval, amended June 8, 2006 concerning a proposed pergola structure in a
location at less than the code-required 40 feet from the front property line, at
2022 Hyatt Road, Southold; CTM 1000-50-1-21. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) 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 a~iopted (5-0).
10:33'~.M. THOMAS CAVANAGH #5932. Request for a Variance under Section
280-2~9.4B (formerly 100-239.4), based on the Building Inspector's May 1, 2006
Notice: 9f Disapproval concerning a proposed deck addition to the dwelling which
will be: less than the code-required 75 ft. minimum from the existing wood
bulkhead, at 600 Little Peconic Bay Road, Cutchogue; CTM 111-14-13. BOARD
RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member
Page 3 - Minute~
Regular Meeting held August 31, 2006
Southold Town;Zoning Board of Appeals
Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
10:36 A.M. GREG and RITA TYLER #5936. Jennifer Keegan, opposition. Request
for Variances under Sections 280-33 and 280-244 (formerly 100-33 and 100-
244), based on the Building Inspector's May 23, 2006 Notice of Disapproval,
amended August 1, 2006, concerning: (1) lot coverage in excess of the code
maximum of 20% for new construction as proposed, (2) proposed porch at less
than 35 feet from the front yard lot line, and (2) accessory garage proposed
partially in a side yard rather than entirely in the required rear yard, at 300 Bayer
Road, Mattituck; CTM 139-3-23. BOARD RESOLUTION: (Please see transcript of
written statements prepared under separate cover.) Motion was offered by
Chairwoman Oliva, seconded by Member Goehringer, to close the hearing, subject
to rec~qpt of map with sanitary system and plantings. Vote of the Board: Ayes:
All. Tl~is Resolution was duly adopted (5-0).
11:15 A.M. LUKE SLACK #5935. Request for a Variance under Sections 280-242
and 280-244 (formerly 100-242 and 100-244), based on the Building Inspector's
May 30, 2006 Notice of Disapproval concerning proposed additions/alterations to
the existing dwelling, which will create an increase in the degree of
nonconformance when located less than the code-required minimum front yard
setba~k of 40 feet, at 805 Harbor Lane, Cutchogue; CTM 97-6-13. BOARD
RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) Motion was offered by Chairwoman Oliva, seconded by Member
Weis ~nmn, to close the hearing, reserving decision. Vote of the Board: Ayes: All.
This Resolution was duly adopted (5-0).
11:18 A.M. PAUL MALONEY #5947. Request for a Variance under Section 280-
33 (formerly 100-33), based on applicant's prior Variance application with site
diagram submitted under Appeal No. 5947, concerning a proposed garage at less
than 40 feet from the front yard lot line (after removal of the existing
nonconforming garage), at 1020 Goose Creek Lane, Southold; CTM 78-8-3.
BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) Motion was offered by Chairwoman Oliva, seconded by
Member Simon, to close the hearing, reserving decision. Vote of the Board: Ayes:
All. Tt~is Resolution was duly adopted (5-0).
11:20 ~.M. FHV, LLC, #5919. Charles Selice, co-owner/family business. Request
for a V. ariance related to Conditions under ZBA Appeal No. 3931 and initial Notice
of Disapproval issued March 15, 1990 by the Building Inspector, stating that a
second business requires 30,000 square feet of land area per use under Section
100-102 (re-numbered 280-102). The applicant currently wishes to construct an
access.0ry building for inside storage, disapproved by the Building Inspector on
January 27, 2006 for the reason that the proposed construction is in violation of
a condition. Location of Property: 6619 Route 25, Laurel; CTM 125-1-19.7.
District: B General Business. BOARD RESOLUTION: (Please see transcript of
writter~ statements prepared under separate cover.) 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 August 31, 2006
Southold Town Zoning Board of Appeals
11:28 A.M. JAMES TOZAR #5937 by Jim Fitzgerald, Proper-T Permit Service.
Request for a Variance under Section 280-244 (formerly 100-244), based on the
Building Inspector's May 15, 2006 Notice of Disapproval concerning a proposed
addition at the rear of the dwelling with a setback less than the code-required 60
feet, at 7500 New Suffolk Avenue, Mattituck; CTM 115-17-17.26. BOARD
RESOLUTION: (Please see transcript of written statements prepared under
separate cover.) 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).
11:29 A.M. PHILIP PALMERI #5625 by Kathy Quigley, Swim King Pools. Request
for a Variance under Section 280-33 (formerly 100-33), based on the Building
Inspector's May 8, 2006 Notice of Disapproval concerning an accessory swimming
pool p[oposed in a yard other than the code-required rear yard, at 2165 Reydon
Drive, Southold; CTM 80-2-24.1. BOARD RESOLUTION: (Please see transcript of
written statements prepared under separate cover.) Motion was offered by
Chairwoman Oliva, seconded by Member Goehringer, to close the hearing,
pending receipt of screening plan with type of plants and height of plantings.
Vote of. the Board: Ayes: All. This Resolution was duly adopted (5-0).
11:35 A,.M. JIM and JANET D'ADDARIO #5928. Ellen Roche, Architect. Request
for a Variance under Section 280-244 (formerly 100-244), based on the Building
Inspector's March 6, 2006 Notice of Disapproval concerning additions/alterations
which ;will be less than the code required 15 feet on one side and less than 35 feet
for coinbined side yards, at 8960 Peconic Bay Boulevard, Laurel; CTM 126-5-6.
BOARD RESOLUTION: (Please see transcript of written statements prepared
under ,separate cover.) Motion was offered by Chairwoman Oliva, seconded by
Member Simon, to close the hearing, pending receipt of information with regard to
the setback to the bulkhead. Vote of the Board: Ayes: All. This Resolution was
duly adopted (5-0).
11:43 A.M. KARNICK GARIPIAN and HACI GARIPIAN #5931. Julie McGivney,
Attorney. Request for Variances under Sections 280-239.4 and 280-244 (formerly
100-239.4 and 100-244), based on the Building Inspector's May 4, 2006 Notice of
Disapproval concerning construction of an enlarged new dwelling, after demolition
of the ~xisting dwelling. The new construction is proposed less than 100 feet from
the top of the bluff or bank of the LI Sound, less than the code-required 15 feet on
one side yard, and less than the code-required combined side yard total of 35 feet.
Locatiqn of Property: 54715 C.R. 48 (a/k/a Middle Road or North Road),
Southqld; CTM 44-1-1. BOARD RESOLUTION: (Please see transcript of written
statements prepared under separate cover.) Motion was offered by Chairwoman
Oliva, ~econded by Member Weisman, to adjourn the hearing to September 28,
2006 aG 11:00 A.M. for alternate plan. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
12:20 P.M. JOHN SHACK JR. #5933 by Robert Bassalino, Architect. Location of
Property: 1265 Shore Drive, Greenport; CTM 47-2-26.1. Requests for:
(a) Variances under Sections 280-242A, 280-239.4B, and 280-244 (formerly
100-242A, and 100-239.4B, 100- 244), based on the Building Inspector's
, April 11, 2006 Notice of Disapproval, amended June 23, 2006 concerning
xa proposed additions, alterations to the existing single-family dwelling for
Page 5 - Minutes
Regular Meeting held August 31, 2006
Southold Town Zoning Board of Appeals
the reason that the additions and alterations will constitute an increase in
the degree of nonconformance when located less than the code-required 10
ft. minimum on a single side yard and less than 25 ft. total side yard
minimum, and proposed less than the code-required 75 ft. minimum from
the bulkhead, and
(b) Special Exception under Section 280-3 lB (formerly 100-3 lB) to establish
an Accessory Apartment within the existing applicant's dwelling (the
principal building).
BOARD RESOLUTION: (Please see transcript of written statements prepared
under separate cover.) Motion was offered by Chairwoman Oliva, seconded by
Member Weisman, to adjourn the hearing until September 28, 2006 at 1:15
P.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
12:50 A.M. RESOLUTION (BREAK): Motion was offered by Chairwoman Oliva,
secor{d}d by Member Goehringer, to take a short recess. Vote of the Board: Ayes:
All. This Resolution was duly adopted (5-0).
1:05 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).
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:
1:05 P.M. LEONARD ROSENBAUM #5938. Request for Variances under Sections
280-242A and 280-244 (formerly 100-242A and 100-244), based on the Building
Inspector's June 7, 2006 Notice of Disapproval concerning proposed additions
and alterations to the existing dwelling, which will constitute an increase in the
degree of nonconformance (ref. ZBA Interpretation No. 5039 - Walz Property) with
a front yard setback less than 40 feet and less than the code-required 75 ft.
minimum from the existing bulkhead. Location of Property: 965 Osprey Nest
Road, Greenport; CTM 35-6-24.1. BOARD RESOLUTION: (Please see transcript
of written statements prepared under separate cover.) 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).
1:12 P.M. GEORGE and SANDRA ENGELKE #5895. Nancy Steelman, Architect;
Janet Geasa, Esq. for opposition. Requests for Variances under Sections 100-33,
100-239.4, based on the Building Inspector's March 20, 2006 Notice of
Disapproval, amended June 5, 2005, concerning substantial demolition of the
existing dwelling and proposed new construction of an enlarged dwelling, new
covered~ porch areas, proposed new swimming pool, proposed accessory building
(referred to as 'beach house~ proposed with the following nonconforming
setbacks: (a) 68'8" from the new dwelling/covered porch to the existing wood
bulkhead; (b} 47'6" from the new swimming pool structure to the existing wood
bulkhead, (c) 1'3" to the side lot line and 27'6" to the bulkhead from the new
accessory 'beach house' building, (d) new outdoor shower structure at zero
setback relative to zoning information and Code Sections noted for each: from the
side lot line. The minimum setbacks required by code for new construction are:
Page 6 - Minutes
Regular Meeting held August 31, 2006
Southold Town Zoning Board of Appeals
(1) 75 feet from the bulkhead, (2) 20 ft. minimum from the side lot line. Location:
5704 Indian Neck Lane, Peconic; CTM 98-5-14.3. BOARD RESOLUTION: (Please
see transcript of written statements prepared under separate cover.) Motion was
offered by Chairwoman Oliva, seconded by Member Simon, to close the hearing,
reserving decision. Vote of the Board: Ayes: Ail. This Resolution was duly
adopted (5-0).
RESOLUTIONS/UPDATED REVIEWS/OTHER:
RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded
by Members Goehringer and Weisman, to set Special Meeting to be held:
September 14, 2006 at 6 PM, Town Hall Annex, NFB 2 Floor Conference
Ro6m. Vote of the Board: Ayes: All. This resolution was duly adopted (5-0).
RESOLUTION ADOPTED: Motion was offered by Member Goehringer,
seconded by Chairwoman Oliva to set Regular Meeting for September 28 at
9:30 AM, Town Hall, 53095 Main Road, Southold. Vote of the Board: Ayes:
AlE This resolution was duly adopted (5-0).
RESOLUTONS/DELIBERATIONS/DECISION: The Board deliberated on the following
application. The originals of each of the following applications were decided, with the
original determinations filed with the Southold Town Clerk:
DENY
NICHOLAS ALIANO #5846
EXECUTIVE SESSION (none).
There being no other business properly coming before the Board at this time,
Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 2:30
P.M.
Respectfully submitted,
Linda Kowalski
Southolcl Town Cler[