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Home My WebLink AboutZBA-11/30/2006APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman 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 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, NOVEMBER 30, 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, November 30, 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 Kieran Corcoran, Assistant Town Attorney Linda Kowalski, ZBA Confidential Secretary 9:47 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 (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: FRANK MELE III #5976 JOHN and ANGELA REINERTSEN #5973 BERIT LALM #5978 MARK MELNICK #5977 MICHAEL FLYNN #5975 HENRY OMAN and CHRISTINA J. OMAN #5970 SERGE AND SUSAN ROZENBAUM; M. NIAMONITAKIS and E. NIAMONITAKIS #5691 MICHAEL and ROBIN DREWS #5929 ZAHARIA PAPAZAHARIOU & OTHERS #5974 ROBERT SEELEY #5912 ROY C. and ROBERT SCHOENHAAR #5764 FITF, LLC #5617 EDWARD FERGUS #5941 Page 2 - Minutes Regular Meeting held November 30, 2006 Southold Town Zoning Board of Appeals JAY W, GUILD #5866 EAST MARION FIRE DISTRICT #5972 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: 9:48 A.M. FRANK MELE III #5976. Request for a Variance under Section 280-15, based on the Building Inspector's September 6, 2006 Notice of Disapproval concerning a proposed accessory swimming pool in a yard other than the code- required rear yard, at 305 Gardiners Lane, Southold; CTM 70-8-28. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva,~geconded by Member Weisman, to close the hearing, reserving decision. Vote Of;the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:53 A.M. JOHN and ANGELA REINERTSEN #5973. Request for Variances under Sections 280-15 and 280-18 (100-30A.3 and 100-33 based on the Building Inspe4tor's August 4, 2006 Notice of Disapproval concerning a proposed new dwelling, accessory swimming pool, and accessory (cabana) building. The dwellin, g will be less than 50 feet from the front lot line and rear lot line, and the swimming pool and accessory building will be in a side yard rather than the code- require, d rear yard. Location of Property: 590 Arrowhead Lane, Peconic; CTM 98- 2-4.1.~, BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chair~.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). 10:19iA.M. BERIT LALLI #5978. Request for a Variance under Section 280-124 (100-2~44 based on the Building Inspector's May 15, 2006 Notice of Disapproval) concerning a proposed addition to the existing dwelling at less than the code- requirod 35 feet from the front lot line, at 1405 Narrow River Road, Orient; CTM 27-3-6.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing, reservi,ng decision. Vote of the Board: Ayes: Ail. This Resolution was duly adopte~d (5-0). 10:25!'3k.M. MARK MELNICK #5977. Request for Variances under Sections 280- 124 ar/~d 280-116 (100-239.4B, based on the Building Inspector's August 25, 2006 Notice of Disapproval, amended November 9, 2006 concerning an addition and alterations for a second-story over the existing first floor of the existing dwell',n3g and addition at less than the code-required 35 ft. front yard, at 405 Privat~ Road #3, Southold; CTM 70-6-15. BOARD RESOLUTION: (Please see transq[ipt of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehri,nger, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 3 - Minut.e,s Regular Meetin~ held November 30, 2006 Southold Towr/~Zoning Board of Appeals 10:391A.M. MICHAEL FLYNN #5975. Request for a Variance under Section 280- 124 (100-244 based on the Building Inspector's May 24, 2006 Notice of Disapproval) concerning a proposed addition to the existing dwelling at less than the code-required 15 feet, at 7800 Soundview Avenue, Southold; CTM 59-9-32. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairv~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). 10:41 A.M. HENRY OMAN and CHRISTINA J. OMAN #5970. R. Lark, Esq. Request for Variances under Section 280-14 (100-32), based on the Building Inspec$or's July 25, 2006 Notice of Disapproval concerning proposed Lots 1 and 2 with l~ss than the code required 80,000 square feet, less than 175 ft. of fronta'~e/lot width along Bridge Lane, and with a proposed side yard setback at less then the code-required 20 feet from the division line. The applicant's parcel as exists contains 1.637 acres and is located in the R-80 Residential Zone District. Location of Property: 1380 Bridge Lane, Cutchogue; CTM 85-2-5. 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: Ayes: All. This Resolution was duly adopted (5-0). 11:05 ~A.M. SERGE AND SUSAN ROZENBAUM; M. NIAMONITAKIS and E. NIAMQNITAKIS #5691. A. Wickham, Esq. Request for Variances under Sections 280-4'and 280-14 (Sections 100-13 and 100-32), based on the applicant's request to construct and operate a farm stand with design as a building for sales of farm produce and which is deemed as not meeting the definition of a farm stand, based on the~: Building Inspector's amended November 3, 2006 Notice of Disapproval. The re~sons stated in the Notice of Disapproval are: "the proposed construction on an;~ 18.75 acre farm parcel with three front yards in the AC Zone, is not permi~ed pursuant to Section 100-32 (renumbered 280-14), which states: UNo buildi~.g or premises shall be used and no building or part thereof shall be erected or alter~ed in the AC, R80 ... Districts unless the same conforms to the Bulk and Parkir~g Schedule incorporated into this chapter with the same force and effect as if suc~ regulations were set forth herein in full. According to the bulk schedule, the PrOPosed construction requires a front yard setback of 60 feet, and is not permitted pursuant to Section 100-13, which defines a farm stand as: 'any struct~'e open to the weather on at least one side, used for the sole purpose of retail ~.ale of produce grown by the owner of the stand on the farm acreage within the Town of Southold; and such structure may be one-story or less, roofed or have partial walls and flooring but may not be completely enclosed except when the busine~ss is closed. A farm stand may not be insulated or mechanically heated or cooled ~by permanent equipment. A truck bed or trailer on wheels, with areas in exces~ of 20 square feet displaying produce, shall be considered a farm stand. ~ Location of Property: 7540 Main Road (and Cedar Lane), East Marion; CTM 31-6- 28.5 and 28.6. 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: Ayes: All. This Resolution was duly ad, opted (5-0). Page 4 - Minutes Regular Meeting held November 30, 2006 Southold Town; Zoning Board of Appeals 11:50 A.M. RESOLUTION (BREAK): Motion was offered by Chairwoman Oliva, seconded by Goehringer, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:08 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). 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: 12:08'~iP.M. MICHAEL and ROBIN DREWS #5929. P. Moore, Esq., Mark Schwartz, Architect. Request for Variances under Sections 280-116 and 280-124 (100-239.4B and 100-244 based on the Building Inspector's May 31, 2006 Notice of Disapproval) concerning a proposed new single-family dwelling, after demolition of the existing building, with setbacks proposed at less than 75 feet to the bulkhead and less than the code-required 15 feet on a single side yard at 7425 Nassau Point Road, Cutchogue; CTM 118-4-2. BOARD RESOLUTION: (Please see t[0nscript of written statements prepared under separate cover.) After recei~g testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: ,~, 11. This Resolution was duly adopted (5-0). 12:21 P.M. ZAHARIA PAPAZAHARIOU & OTHERS #5974. C. Mesiano, Inc. Request for a Variance under Section 280-15, based on the Building Inspector's Augus~ 24, 2006 Notice of Disapproval concerning an accessory swimming pool propo~d in a yard other than the code-required rear yard, at 2905 Private Road # 1, East Marion; CTM 22-3-8.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Ooehringer, to close ~ghe hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:32 P.M. ROBERT SEELEY #5912. C. Mesiano, Agent. Request for a Variance under:~Section 280-116 (100-239.4A based on the Building Inspector's April 12, 2006 il~otice of Disapproval concerning a proposed accessory swimming pool struct ~ur. e proposed at less than 100 feet from the top of the bluff adjacent to the Long I~sland Sound, at 1250 Sound Drive, Greenport; Rockcove Estates Lot 4; CTM ~3-3-19.4. BOARD RESOLUTION: (Please see transcript of written statemrnts prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to adjourn the hearing, without a date. Vote of the Board: Ayes: All. This Resolution was duly adopte.{l (5-0). ,t 1:05 P,~M. ROY C. and ROBERT SCHOENHAAR #5764. W. Goggilns, Esq.; Rose Skuro,.Dale Molter, opposition. Request for a Variance under Section 280-18 (former. ly 100-30A.3) bulk schedule, based on the Building Inspector's May 17, 2005 l~Iotice of Disapproval, amended October 4, 2006 for a lot which contains less th. an 40,000 square feet and less than 175 feet of lot width in the R-40 Residelatial Zone District, and a proposed building in the B-General Business Page 5 - Minutes Regular Meetin~ held November 30, 2006 Southold Town,Zoning Board of Appeals Zone District with a front yard setback at less than 100 feet from a right-of-way. Location: 10300 Main Road, Mattituck; CTM 143-3-33.2, containing 2.586 acres. 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). 1:48 p,M. FITF, LLC #5617. P. Moore, Esq. Request for Variances under Section 280-18 (Bulk Schedule) for a lot proposed with less than 40,000 square feet of land area in the R-40 Low-Density Residential Zone District (formerly M-II), and a lot under contract of sale with the Town of Southold, proposed with an area of less than 80,000 square feet in the R-80 Residential Zone, located along the west side of Reservoir Road, Fishers Island; Suffolk County CTM Parcel 1000-9-8-2. BOARD RESOLUTION: (Please see transcript of written statements prepared under ieparate 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). 1:51 E~M. EDWARD FERGUS #5941. Bruce Anderson, Suffolk Environmental Consu},ting, Inc. Request for a Variance under Section 280-18 (100-30A.3 based on the' Building Inspector's May 31, 2006 Notice of Disapproval) concerning a propos~ed single-family dwelling with a setback at less than the code-required 50 feet fr~m the rear lot line at its closest point, at 1854 North Bayview Road, Southold; CTM 70-12-39.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motio% was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing, reserving decision, pending review by Trustees regarding chang~ on survey and answers by applicant's agent to Mrs. Lanes questions. Vote o!$he Board: Ayes: All. This Resolution was duly adopted (5-0). 3:12 I~M. JAY W. GUILD #5866 (Rehearing) - (Updated site survey map submii~ted 11/27) Request for a Variance under Section 280-18, :formerly 100- 31A-2q, based on the Building Inspector's August 30, 2005 Notice of Disapproval, amend,ed March 1, 2006 concerning commercial agricultural greenhouses proposed in a location at less than 75 feet from the rear lot line, less than 20 feet on a single side yard, and exceeding the code limitation of 20 percent lot coverage on thi~ 6-acre parcel, at 34695 C.R. 48 (a/k/a Middle Road or North Road), Peconi.c; CTM 68-4-19. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offere4~by Chairwoman Oliva, seconded by Member Simon, to close the hearing, reservi9g decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 3:31 P~,M. EAST MARION FIRE DISTRICT #5972. E. Boyd V, Esq. Request for a Variance under Section 280-69 (100-162A3, A5) based on the Building Inspector's July 25, 2006 Notice of Disapproval for construction of a proposed wireless comm,unication/telecommunications tower on property owned, leased or otherwise controlled by a special district approved by the commissioners of the speciabdistrict. The proposed tower will exceed the code limitation - with a height greaterithan 10 feet above the average height of buildings within 300 feet of the facility,I OR if there are no buildings within 300 feet, these facilities shall not Page 6 - Minutes Regular Meetin~g held November 30, 2006 Southold Town'Zoning Board of Appeals project higher than 10 feet above the average tree canopy height in that radius measured from ground level. If there are no buildings within 300 feet of the proposed facility site, all telecommunication towers shall be surrounded by dense tree growth to screen views of the facility in ail directions. Location of Property: 9245 Main Road, East Marion; CTM 31-3-11.31 containing 3.05 acres. 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 off.the Board: Ayes: All. This Resolution was duly adopted (5-0). IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Speciai Meeting was confirmed by the Chairwoman for: December 14, 2006 at 6 PM, Town Hail Annex, NFB 2nd Floor Conference Room. DeIiberations/Decision on carryovers. (Other update for next agenda: J. Bajada complete submission received 11/28 with amended Notice of Disapproval regarding request for foundation only). B. Regular Meeting was scheduled for December 28, 2006 at 9:30 AM, Town Hall, 53995 Main Road, Southold. C. New business: continued reviews of new submissions. No action was taken. There being 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, REC,EIVE~ $oulhold Town ¢ler[