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Home My WebLink AboutZBA-10/26/2006APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.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 °EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/Ftrst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 MINUTES REGULAR MEETING THURSDAY, OCTOBER 26, 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, October 26, 2006 commencing at 9:30 A.M. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member James Dinizio, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Kiernan Corcoran, Assistant Town Attorney Linda Kowalski, ZBA Confidential Secretary 9:46 A.M. Chairwoman Oliva called the meeting to order with the Pledge of Allegiance. The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS [SEORA): 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: JEREMY and LAUREN HAMILTON #5958 F. MARC and ELLEN WIEDERLIGHT #5966 HOUSE OF DAIGE #5926 WALTER and KRISTIN PRESTON #5959 JOSEPH and JOAN FUDJINSKI #5962 JOSEPH POLASHOCK #5963 ROBERT P. FISHER, JR. individually and as attorney-in-fact for KIMOGENOR POINT COMPANY #5967 MARGARET and HOWARD ME1NKE #5968 MONTE and CAROLYN REDMAN #5956 NICHOLAS and HARRIET ZANNIKOS #5934 DEBRA LACHANCE #5965 JOHN and LINDA VOLPE #5964 Page 2 - Minutes Regular Meeting held October 26, 2006 Southold Town Zoning Board of Appeals CHARLES AND LISA DRAKE, JR. #5971 MICHAEL and SUSAN JEFFRIES #5924 KARNICK GARIPIAN and HACI GARIPIAN JOSEPH and BARBARA ISABELLA #5969 JOHN DILLER #5884 ANDREW ANSELMO and VEKA ANSELMO #5921 JOE BAJADA and LORRAINE BAJADA #5944 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). II. 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. dEREMY and LAUREN HAMILTON #5958. Aggie, Architecnologies. Based ~0n the Building Inspector's duly 6, 2006 Notice of Disapproval citing Section 100-244B (280-124), a Variance is requested concerning a proposed addition to the dwelling which will have a front yard setback less than the code- required 40 feet, at 1535 Park Avenue, Mattituck; CTM 123-2-31. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, l~econded by Member Goehringer, to close the hearing, reserving decision. Vote o:~ the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:51 AiM. F. MARC and ELLEN WIEDERLIGHT #5966. Based on the Applicants' request to construct additions and alterations to the existing dwelling, and the Building Inspector's August 25, 2006 Notice of Disapproval citing Sections 280- 122 and 280-124 for the reason that the additions an alterations will constitute an increase in the degree of nonconformance when located at less than the code- required 35 feet from the front lot line. Location: 50 Fred Street and Fanning Road,(New Suffolk; CTM 117-4-22. 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 adjourn the hearing, to 1:15 p.m. today. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:03 ~A.M. HOUSE OF DAIGE #5926. 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 0,wrier) and granted September 29, 1969 under Appeal No. 1290. The application dated 1969 requested 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 str~eet, 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 lnspeq[or's (amended) May 30, 2006 Notice of Disapproval, citing Section 100-244 (280-124) regarding a proposed dwelling at less than the code-required 25 ft. minim~um side yard setback. Location: 1195 Ruch Lane, Greenport; CTM 52-3- 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 accept written submi.ssions received and entered into the record by Deborah Doty, Esq. and concluCe the record. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3 - Minutes Regular Meeting held October 26, 2006 Southold Town Zoning Board of Appeals 10:03 A.M. WALTER and KRISTIN PRESTON #5959. Based on the Building Inspector's August 8, 2006 Notice of Disapproval citing Section 100-33 (280-15}, Variances are requested to locate two accessory structures (swimming pool and garage) proposed in a yard other than the code-required rear yard, at 1750 Reydon Drive, Southold; CTM 80-2-18.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weism~u, to adjourn the hearing to 2:15 p.m. today. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:35 A.M. JOSEPH and JOAN FUDJINSKI #5962. Based on the Building Inspector's August 22, 2006 Notice of Disapproval citing Section 100-241 (280- 12lA ', a Variance is requested to make alterations to the existing two-family dwellin'g containing three apartments, and converting it to a single-family dwelling with two apartments, at 16500 Main Road (at Fourth Street), New Suffolk, CTM 117-9J13. 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). 10:43 ~A.M. JOSEPH POLASHOCK #5963. Based on the Building Inspector's July 21, 20,06 Notice of Disapproval, amended August 31, 2006, citing Code Sections 100-3~ (280-13) and 100-33 (280-15), Variances are requested concerning an existing accessory building (ref. Building Permit #3839, issued 4/11/68; ZBA File # 1074~ granted 3/30/67 and ZBA File #3104 granted 4/20/83) constructed with a heigh~iexceeding the code limitation of 18 feet and with an as-built living area or second~ dwelling unit which is not permitted as an accessory use. Location: 570 Third Street, New Suffolk; CTM 117-9-21. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:56 A.M. ROBERT P. FISHER, JR. individually and as attorney-in-fact for KIMOGENOR POINT COMPANY #5967. Based on the applicants' request for a building permit to construct an addition to existing dwelling #3, and the Building Inspector's September 12, 2006 Notice of Disapproval citing Section 280-13, a Variance is requested for the reason that the construction is not permitted on a lot which contains more than one dwelling, at Kimogenor Point, New Suffolk; CTM 117-10-1. BOARD RESOLUTION: (Please see transcript of written statements prepare, d under separate cover.) After receiving testimony, motion was offered by Chair~0man Oliva, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:05 ~A.M. RESOLUTION {BREAK): Motion was offered by Chairwoman Oliva, second, ed by Member Goehringer, to take a short recess. Vote of the Board: Ayes: All. Tb~s Resolution was duly adopted (5-0). Page 4 - Minutes Regular Meeting held October 26, 2006 Southold Town Zoning Board of Appeals 11:10 A.M. 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). II. 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: 11:10 A.M. MARGARET and HOWARD MEINKE #5968. Based on applicant's request for a building permit and the Building Inspector's September 1, 2006 Notice }0f Disapproval citing Section 100-244 (280-124) concerning additions to the existing dwelling at less than 15 feet on a single side yard and less than 35 feet for the combined side yard area, at 7075 Peconic Bay Boulevard, Laurel; CTM 126-10:14. BOARD RESOLUTION: (Please see transcript of written statements prepar6, d under separate cover.) After receiving testimony, motion was offered by Chairwoman Otiva, seconded by Member Simon, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:15 A.M. MONTE and CAROLYN REDMAN #5956. Kevin Natalie, Architect. Based.on the Building Inspector's July 31, 2006 Notice of Disapproval citing Section 100-30A.3 (280-14), a Variance is requested for deck construction at less than 15 feet on a single side yard and less than 35 feet combined for both side yards,;:at 4510 Peconic Bay Boulevard, Laurel; CTM 128-4-21. BOARD RESOLUTION: (Please see transcript of written statements prepared under separable 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). 11:20 A.M. NICHOLAS and HARRIET ZANNIKOS #5934. Based on the Building Inspec~cor's May 23, 2006 Notice of Disapproval under Section 100-244 (280-124), a vari,ance is requested for an as-built accessory shed which increases the total lot coverage over the code limitation of 20%, and which shed was not requested under yariance issued under #5174 dated 6/9/2005. Location of Property: 505 Sound, Beach Drive, Mattituck; CTM 99-1-22. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehri~ager, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This R~solution was duly adopted (5-0). 11:28 A.M. DEBRA LACHANCE #5965. Architect with David Howell Design. Based on the applicant's request for a building permit and the Building Inspector's April 24, 2006 Notice of Disapproval, amended October 2, 2006 citing Sectio~ 100-33B & C (280-15), and 100-244B (280-124), Variances are requested to locate an accessory garage with a setback less than 35 feet from the front lot line at3d less than three feet from the side lot line, at 630 Ruch Lane (at Arshamomaque Pond), Greenport; CTM 52-2-26. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receivi,~g testimony, motion was offered by Member Goehringer, seconded by Chalrwgman Oliva, to close the hearing, reserving decision subject to receipt of alternatte plan. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5 - Minute¢ Regular Meeting held October 26, 2006 Southold Town ~Zoning Board of Appeals 11:48 A.M. JOHN and LINDA VOLPE #5964. Based on the applicant's request for a building permit and the Building Inspector's August 21, 2006 Notice of Disapproval citing Sections 100-239.4B (280-116), 100-242 (280-122) and 100- 244 (280-124), Variances are requested for an as-built hot tub structure located less than 75 feet from the bulkhead, and for a second-story addition over the existing first floor which will constitute an increase in the degree of nonconformance when located less than 10 feet from the side lot line, at 80 Oak Drive, Southold; CTM 80-5-1.1. 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). 11:55 A.M. RESOLUTION (LUNCH): Motion was offered by Chairwoman Oliva, secon~d by Member Dinizio, to recess for lunch. Vote of the Board: Ayes: All. This R~solution was duly adopted (5-0). 1:08 P.M. RESOLUTION (RECONVENE): Motion was offered by Chairwoman Oliva, ,~econded by Member Dinizio, to reconvene the meeting. VotE of the Board: Ayes: ~.1. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS, (continued from above): The following public hearings were held, with Chairwom~ an Oliva introducing each application, and Member reading of the Legal Notice as pub ~.l~shed: 1:08 P.M. CHARLES AND LISA DRAKE, JR. #5971. Based on the applicant's reques~ for a building permit to construct additions and alterations, and the Building Inspector's dune 20, 2006 Notice of Disapproval citing Section 100-244 (280-1 ~4), the proposed construction will be less than 50 feet from the rear lot line. (The shed is proposed to be removed or relocated to a conforming location.) Location: 4875 Wunneweta Road, Cutchogue; CTM 111-2-5.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separa[e cover.) After receiving testimony, motion was offered by Chairwoman Oliva, ~econded 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~q. MICHAEL and SUSAN dEFFRIES #5924. P. Moore, Esq. Based on the Buildi~3g Inspector's March 7, 2006 Notice of Disapproval, amended April 12, 2006 Citing Sections 100-239.4.1 (280-116) and 100-32 (280-14), Variances are reques~d for construction of a new dwelling (after demolition of the existing buildir~), for a location less than 100 feet from the top of the bluff and at a height exceeding the code limitation of two and one-half stories, at East End Road (vicinity of Mudd Pond and Money Pond), Fishers Island; CTM 1-2-11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separal[e cover.) After receiving testimony, motion was offered by Chairwoman Oliva, §econded by Member Goehringer, to close the hearing, reserving decision pending receipt from applicant of bluff erosion information. Vote of the Board: Ayes: 611. This Resolution was duly adopted (5-0). 1:38 P.~. F. MARC and ELLEN WIEDERLIGHT #5966 - RECONVENED from a.m. BOARI~ RESOLUTION: (Please see transcript of written statements prepared under ~eparate cover.) After receiving testimony, motion was offered by Page 6 - Minutd~s Regular Meeting held October 26, 2006 Southold Town 'Zoning Board of Appeals 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). 1:43 P2M. KARNICK GARIPIAN and HACI GARIPIAN #5931. (Carryover from 9/28 and 8/31). Requested are Variances under Sections 280-116 (100-239.4) and 280-124 (100-244), based on the Building Inspector's May 4, 2006 Notice of Disapproval concerning apphcant's request for a building permit to construct a new and enlarged dwelling, after demolition of the existing 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. Location: 54715 C.R. 48 (a/k/a Middle Road or North Road), Southold; 44-1-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Membe~r Goehringer, to adjourn the hearing (per attorney letter received 10/26), without a date. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:45 P,M. JOSEPH and BARBARA ISABELLA #5969. Rob Hermann, En- Consultants. Based on the applicants' request for a building permit to construct additions and alterations to the existing dwelling, and the Building Inspector's July 1.7:, 2006 Notice of Disapproval citing Sections 280-122 (100-242A, ZBA Interpretation No. 5039) and 280-124 {100-244), variances are requested for a new second-story addition over the existing first floor of the dwelling, and deck additio[ts, which new construction will constitute an increase in the degree of nonconformance when located less than 10 feet on a single side yard, at 1855 Westview Drive, Mattituck; CTM 107-7-6. BOARD RESOLUTION: (Please see transc[ipt of written statements prepared under separate cover.) After receiving testimor~y, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing, pending receipt of information regarding dimensions of the steps. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:50 P.M. JOHN DILLER #5884. Mr. Palumbo, Esq. (Recent letter with Affidavit was received from applicant's attorney regarding alternative relief under 100-244 and 100-239.4). Request for Variances under Sections 100-239.4B (280-116) and 100-24,4 (280-124), based on the applicant's request for a building permit and 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 less than 75 feet~o the bulkhead, at 60 Great Peconic Bay Boulevard, Laurel; C'TM 145-2- 1.2. BOARD RESOLUTION: (Please see transcript of written statements prepared under ~eparate cover.) After receiving testimony, motion was offered by Chairw,oman Oliva, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:18 P..M. ANDREW ANSELMO and VERA ANSELMO #5921. P. Moore, Esq. (Legal N,,otice advertised applicant's former request for Variances under Sections 100-31 ~(280-13) and 100-33 (280-15), based on the Building Inspector's June 6, 2006 amended Notice of Disapproval concerning applicant's request for a building permit ,to re-build an existing accessory non-habitable barn: (a) for the owner's Page 7 - Minutei~ Regular Meeting held October 26, 2006 Southold Town Zoning Board of Appeals III. private accessory music workshop with bathroom 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: 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 Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:09 P.M. WALTER and KRISTIN PRESTON #5959 - RECONVENED from a.m. pending receipt from applicant of arnended rnap. 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: ~1. This Resolution was duly adopted (5-0). 3:11 piM. ,JOE BAJADA and LORRAINE BAJADA #5944. P. Moore, Esq. (Legal Notice advertised applicant's former request under Sections 100-3 lA (280-13) and 100-244 (280-124), for a building permit and the Building Inspector's May 9, 2006 N,?tice of Disapproval for Plans A & B concerning a proposed demolition of the exit. ting nonconforming building and to construct a new nonconforming (second) dwelling. The reasons stated in the Building Inspector's May 9, 2006 Notice of Disapproval relative to Plans A and B are that under Zoning Code SectiorL 100-3lA (100-13), only one dwelling is permitted on each lot, and Section 100-24.4 requires a minimum single side yard at 15 feet.) Location: 7972 Peconic Bay Bqnlevard, Laurel; CTM 126-11-16. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.} After receiving testimo.ny, motion was offered by Chairwoman Oliva, seconded by Member Weism ~n, to close the hearing, reserving decision pending receipt of new Notice of Disapproval. Vote of thc Board: Ayes: All. This Resolution was duly adopted (5- RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried to hold a Special Meeting November 9, 2006 at 6 PM, Town Hall Annex, NFB 2nd Floor Conference Room. Vote of the~Board: Ayes: All. This Resolution was duly adopted (5-0). B. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Ooehringer, and duly carried to hold a Regular Meeting scheduled for .November 30, 2006 at 9:30 AM, Town Hall, 53095 Main Road, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 8 - Minutes Regular Meeting held October 26, 2006 Southold Town Zoning Board of Appeals There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 3:45 P.M. /~er~ P. Goehringer for Filing Respe. ctfully submitted, Southold Town Clerb