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Home My WebLink AboutZBA-09/28/2006Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, SEPTEMBER 28, 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, September 28, 2006 commencing at 9:30 A.M. Present were: Ruth D. Ohva, Chairwoman/Member 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 9:33 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 (SEQRA): BOARD RESOLUTION: Motion was made by Chairwoman Oliva, 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: HOWARD S. and VALERIE MICHELSEN #5957 EDMUND J. and MARGUERITE GIORDANO #5950 FRANK ORITO #5954 MICHAEL and KATHRYN RUSSO #5955 PECONIC BAY MATERIALS #5940 MARY McCABE #5799 CUTCHOGUE-NEW SUFFOLK FREE LIBRARY #5945 DAVID SCIACCHITANO #5953 THOMAS E. and HELEN K. FOX #5952 HOUSE OF DAIGE #5926 DAVID G. HOFFMAN #5927 GLENN and KRISTAN BURLINGAME #5942 Page 2 - Minutes Regular Meeting held September 28, 2006 Southold Town Zoning Board of Appeals PECONIC LANDING, INC. #5949 KARNICK GARIPIAN and HACI GARIPIAN #5931 MARGARET TRAVIS RADACINSKI #5943 ANDREW ANSELMO and VERA ANSELMO #5921 JOHN SHACK, JR. #5933 KENNETH GLASS and LAURIE RAFKIN #5951 JOE BAJADA and LORRAINE BAJADA #5944 JOHN DILLER #5884 FISHERS ISLAND WINDSWEPT PROPERTIES, LLC and ROSALYN DRISCOLL #5883 GREG and DEBORAH DICKERSON #5961 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS: The following public hearings were held, with Chairwoman Ohva introducing each application, and Member reading of the Legal Notice as published: 9:33 A.M. HOWARD S. and VALERIE MICHELSEN #5957. Request for a Variance under Sections 100-242A (ZBA Interpretation No. 5039 in the Walz Application) and 100-244, based on the Building Inspector's August 1, 2006 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling which will increase the degree of nonconformance when located less than 35 feet from the front lot line, at 860 Rabbit Lane, East Marion; CTM 31-18-18. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:40 A.M. EDMUND J. and MARGUERITE GIORDANO #5950. Request for a Variance under Section 100-244, based on the Building Inspector's August 4, 2006 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling with a front yard setback at less than 40 feet, at 60 Case Road (and Bay Road), Cutchogue; CTM 116-2-16.1. 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: Ayes: All. This Resolution was duly adopted (5-0). 9:42 A.M. FRANK ORITO #5954. Request for a Variance under Section 100-244, based on the Building Inspector's June 9, 2006 Notice of Disapproval concerning a proposed addition to the existing dwelling which will be less than 50 feet from the rear lot line, at 2420 Stars Road, East Marion; CTM 22-2-18. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:45 A.M. MICHAEL and KATHRYN RUSSO #5955. Request for Variances under Sections 100-244 and 100-33, based on the Building Inspector's August 1, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, Page 3 - Minutes Regular Meeting held September 28, 2006 Southold Town Zoning Board of Appeals and relocation of an existing hot tub and shed structures. The front yard setback will be less~ than 35 feet, and the accessory structures will be relocated to a side yard, rather than in the required rear yard, at 775 Oakwood Drive, Southold; CTM 90-4-22. 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 heaFmg, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:52 A.M. PECONIC BAY MATERIALS #5940 by Joe Reed. Request for a Special Exception under Zoning Code Section 100-81B(2) to convert the existing use from a landscape contractor's yard approved under ZBA No. 5365, to a contractor's business and yard, at 260 Cox Neck Road, Mattituck; CTM 113-14-10. Zone District: LB Limited Business. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offeredl by Chairwoman Oliva, seconded by Member Simon, to close the hearing, reserving decision pending receipt of list and affidavit. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:17 A.M. MARY McCABE #5799. Request for a Variance under Section 100-33, based on the Building Inspector's August 17, 2006 Notice of Disapproval concerning a proposed swimming pool in a yard other than the required rear yard, at 250 Anglers Road (~nd unimproved right-of-way known as Meadow Lane), Greenport; CTM 36-2- 20.1. 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 pending receipt of correct map with setback. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:26 A.M. CUTCHOGUE-NEW SUFFOLK FREE LIBRARY #5945 by Ray Nemschek, Architect. Request for a Variance under Sections 100-242A (based on ZBA Interpretation No. 5039 in the Walz Application) and 100-244, based on the Building Inspector's July 14, 2006 Notice of Disapproval concerning a proposed addition and alterations to an existing library building for the reason that there will be an increase in the degree of nonconformance when located at less than 40 feet from the rear lot line, at 27550 Main Road, Cutchogue; CTM 109-6-2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehrlnger, to close'the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:00 A.M. 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). 11:10 A,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). Page 4 - Minutes Regular Meeting held September 28, 2006 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS, continued: The following pubhc hearings were held, with Chairwoman Ohva introducing each apphcation, and Member reading of the Legal Notice as published: 11:10 A.M. DAVID SCIACCHITANO #5953. RESOLUTION ADOPTED: Motion offered by Member Goehringer, seconded by Chairwoman Oliva confirming this application WITHDRAWN, based on a letter received from applicant's agent. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:10 A.M. THOMAS E. and HELEN K. FOX #5952. Request for a Variance under Section 100-244, based on the Building Inspector's June 5, 2006 Notice of Disapproval concerning a proposed deck addition at less than 35 feet from the front lot line, at 365 Freemq~ Road, Mattituck; CTM 139-3-38. 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 adopted (5-0). 11:14 A~M. HOUSE OF DAiGE #5926 by D. Doty, Esq., David Hoffman. This is an Appeal! (1) requesting a determination that will recognize a 6,000 square foot lot for the purpose of adding a single-family dwelling, instead of its present zoning restrictions applied for (by a prior owner) and granted September 29, 1969 under Appeal\No. 1290. The application dated 1969 requesting a split of the property, allowing the 6,000 square foot portion to be used as a garage, as an accessory to their home across the street, and with the remaining portion of the land (adjacent dwelling now or .formerly of Hoffman - CTM Parcel 52-3-14.1.), and (2) based on the Building Inspector's May 30, 2006 Notice of Disapproval, requesting a proposed dwelling, after removal of the existing garage, at less than the code-required 25 ft. minimum side yard setback, Location of Property: 1195 Ruch Lane, Greenport; CTM 52-3-13. BOARD RESODUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to leave the hearing open. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:45 A.M. DAVID G. HOFFMAN #5927 by D. Doty, Esq. Request for a Variance under Section 100-33, based on the Building Inspector's June 7, 2006 amended Notice of Disapproval concerning a proposed accessory garage in a front yard instead of the code-required rear yard, at 1275 Ruch Lane, Greenport; 52-3-14.1. 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: Ayes: All. This Resolution was duly adopted (5-0). 11:51 ,~.M. GLENN and KRISTAN BURLINGAME #5942 by Frank Ullendahl, Architect. Request for Variances under Sections 100-242A and 100-244, based on the Bnildini Inspector's July 3, 2006 Notice of Disapproval concerning additions to the existing, single-family dwelling which will increase the degree of nonconformance (interpreted under ZBA No. 5039 in the Walz Application), when the new construction is located less than 40 feet from the front lot line. In addition, the as-built deck is less Page 5 - Minute~ Regular Meeting held September 28, 2006 Southold Town Zoning Board of Appeals than 40 feet from the front lot line. Location of Property: 2395 West Creek Avenue, Cutchogue; CTM 110-2-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Ohva, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:56 A.M. PECONIC LANDING, INC. #5949. Alice Hussie. Request for a Special Exception under ZONING Code Section 280-22B(4) for approval of conversion of the existing building, in part for apartment, offices and space for public events, at Brecknock Hall, 1500 Brecknock Road, Greenport; CTM 35-1-25. A Notice of Disapproval was issued March 9, 2006 by the Building Inspector indicating a Special Exceptipn approval is required from the Zoning Board of Appeals, and site plan approval required from the Planning Board under Section 100-31B(16). BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) 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). 12:09 P.M. KARNICK GARIPIAN and HACI GARIPIAN #5931. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Weisman to grant applicant's request for adjournment to October 26, 2006 per letter from applicant's attorney (await submission of alternative diagrams and maps). Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:09 l~M. MARGARET TRAVIS RADACINSKI #5943. Request for a Variance under Sectiorr~100-231, based on the Building Inspector's July 10, 2006 Notice of Disapproval concerning a proposed fence which will exceed the maximum height limitation of four feet along a front yard, at 69435 C.R. 48, Greenport; CTM 35-1-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) ~After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Mem~ber Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:15 P.M. RESOLUTION (LUNCH): Motion was offered by Chairwoman Oliva, seconded by Member Weisman, to recess for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). ? 1:05 P.M. RESOLUTION (RECONVENE): Motion was offered by Member Oliva, seconded by Member Weisman, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS, continued: The following public hearings were held, with Chairwoman Oliva introducing each application, and Member reading of the Legal Notice as published: 1:06 P.M. ANDREW ANSELMO and VERA ANSELMO #5921 by P. Moore, Esq. Request' for Variances under Sections 100-31 and 100-33, based on the Bnilding Inspector's June 6, 2006 amended Notice of Disapproval concerning applicant's submission of a request for a building permit to re-build an existing accessory non- habitable barn: (a) for the owner's private accessory music workshop with bathroom Page 6 - Minutes Regular Meetingheld September 28, 2006 Southold Town Zoning Board of Appeals and related music and game room activities, and not as a dwelling; (b) for a height exceeding the code limitation of 18 feet, and with a setback at less than 10 feet the property line. Location of Property: 31605 C.R. 48, Southold; CTM 74-1-23. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goeh~mger, to adjourn the hearing to October 26, 2006 for alternate plan to be received by October 19, 2006. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:41 P.M. (PH carryover from 8/31; amended plan removing Accessory Apartment and adding alternative rebel received 9/22): JOHN SHACK, JR. //5933 by Robert Bassolino, Architect. Location of Property: 1265 Shore Drive, Greenport; CTM 47-2- 26.1. Requests for: 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 a proposed additions, alterations to the existing single-family dwelling for 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 SpecialException under Section 280-31B (formerly 100-31B) to estabhsh an Accessory Apartment within the existing applicant's dwelling (the principal building). 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 adopted (5-0). 1:46 p.M. KENNETH GLASS and LAURIE RAFKIN #5951, P. Moore Esq. with Architect Designer Sybrina Glass. Request for a Variance under Section 100-244, based On the Building Inspector's July 31, 2006 Amended Notice of Disapproval concerning a proposed deck addition with hot-tub, which will exceed the maximum permitted lot coverage limitation of 20%, at 1710 Minnehaha Boulevard, Southold; CTM 87-3-52. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwbman Oliva, seconded by Member Simon, to close the hearing, reserving decision: Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). 2:00 p.M. JOE BAJADA and LORRAINE BAJADA #5944, P. Moore, Esq. Request for either Plan A or Plan B. Variances are requested under Sections 100-31A and 100- 244, based on the Building Inspector's May 9, 2006 Notice of Disapproval concerning the proposed demohtion of the existing nonconforming building and to construct a new nonconforming (second) dwelling. The reasons stated in the disapproval are that under Zoning Code Section 100-31A, only one dwelhng is permitted on each lot, and Section~'100-244 requires a minimum single side yard at 15 feet. Location of Property: 7972 Peconic Bay Boulevard, Laurel; CTM 126-11-16. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Ohva, seconded by Member Goehringer, to adjourn the hearing to October 26, 2006, for alternate diagram to be received by October 19, 2006. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5- o). Page 7 - Minutes Regular Meeting held September 28, 2006 Southold Town Zoning Board of Appeals 2:36 P.M. JOHN DILLER #5884, by Bill Goggins, Esq. Request for Variances under Sections 100-239.4B and 100-244, based on the Building Inspector's February 8, 2006 Notice of Disapproval stating that the proposed new dwelling construction is not permitted when a single side yard is less than 15 feet, total side yards are less than 35 feet, and setback is ]ess than 75 feet to the bulkhead. Location of Property: 60 Great Peconic Bay Boulevard, Laurel; CTM 145-2-1.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn the hearing to October 26, 2006, for additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:39 P.M. FISHERS ISLAND WINDSWEPT PROPERTIES, LLC and ROSALYN DRISCOLL #5883, by Susan Young, Architect. Request for a Special Exception under Article III, Section 100-31B, sub-section 13 of the Zoning Code to establish Accessory Apartment, to establish an Accessory Apartment in the existing dwelling located at 1877 Heathulie Avenue, Fishers Island; CTM 9-11-9.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehririger, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 4:10 P.M. GREG and DEBORAH DICKERSON #5961. Request for a Variance under Section ~100-244, based on the Building Inspector's August 22, 2006 Amended Notice of Disapproval concerning, a proposed garage addition and second-floor addition with a setback: at less than the code-required minimum of 10 feet on one side and 15 feet on the other side, resulting in a required combined side yard total at 25 feet, and proposed porch addition at less than 35 feet from the front lot hne and swimming pool, which calculated to a lot coverage in excess of the code maximum of 20% for all construction areas. Location of Property: 780 Marlene Lane, Mattituck; CTM 143-2-21. 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). III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION ADOPOTED: Motion was offered by Chairwoman Oliva, seconded by Member Weisman, and duly carried to hold a Special Meeting October 5, 2006 a~ PM, Town Hall Annex, NFB 2nd Floor Conference Room. Vote of the Board: Ayes: All. This Resohition was duly adopted (5-0). B. Chairwoman Oliva confirmed the Regular Meeting scheduled for October 26th at 9:30 AM, Town Hall, 53095 Main Road, Southold. C. New'Business: Discussed Ag and Markets letter re: Guild. (No action was taken). Page 8 - Minutes Regular Meeting held September 28, 2006 Southold Town Zoning Board of Appeals There being no other business properly coming before the Board at this time, Chairman Oliva declared the meeting adjourned. The meeting was adjourned at 4:40 P.M. Respectfully submitted, Ge~d~ehringer, Chairmar//~ ! 7/2009 for F]hng // RECEIVED ~ !~; 8 2009 Southold Town Cler~