The URL can be used to link to this page

Home My WebLink AboutZBA-12/28/2006APPEALS 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 · RO. 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, DECEMBER 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, December 28, 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 9:40 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: · JOAN D. and HAROLD J. KIEFER #5960 KEVIN and LESLEY MILOWSKI #5987 LEE and MARIE BENINATI #5946 ALBERT and BARBARA REIBLING #5988 MAGGI-MEG REED and MICHAEL SCHUBERT #5980 MARYANN MEARS, et al #5984 KATHLEEN BOWER #598 I NO FO PROPERTIES LLC, MARK GORDON, ELLIE GORDON #5983 MICHAEL LIEGEY #5979 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 2 - Minutes Regular Meeting held December 28, 2006 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS: The following public hearings were held, with Chairwoman Oliva introducing each application, and Member reading of the Legal Notice as published: 9:40 A.M. JOAN D. and HAROLD J. KIEFER #5960. Request for a Variance under Section 280-116, based on the Building Inspector's July 14, 2006 Notice of Disapproval concerning a proposed deck addition at less than the code-required 100 ft. minimum from top of bluff adjacent to the Long Island Sound, at 1115 Terry Lane, Orient; CTM Parcel 1000-14-3-3. 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, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted {5-0). 9:45 A.M. KEVIN and LESLEY MILOWSKI #5987. No appearance. Request for a Variance under Section 280-14, based on the Building Inspector's September 15, 2006 Notice of Disapproval concerning a proposed addition to the existing single family dwelling at less than the code-required minimum 60 feet from the front yard lot line, at 1371 Cox Neck Road, Mattituck; CTM 113-7-19.8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separat~e cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to adjourn the hearing to January 25, 2007 at 9:3} a.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 9:47 A.M. LEE AND MARIE BENINATI #5946 - C. Mesiano and, Mr. and Mrs. Benin~ti. Request for a Variance under Section 280-124, based on the Building Inspector's June 30, 2006 Notice of Disapproval concerning a proposed addition and alterations to the existing single-family dwelling within 15 feet of the southe, rly side yard, at 855 Oakwood Drive, Southold; CTM Parcel # 90-4-17. 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 Simon, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:17 A.M. ALBERT AND BARBARA REIBLING #5988. A. Tohill, Esq., M. Kram¢.r, Architect. Request for Variances under Sections 280-122 and 280-124, basedi_on the Building Inspector's November 14, 2006 Notice of Disapproval conce~.ning a proposed new dwelling, after recent demolition, for the reason that the new construction was not written under Building Permit No. 32123-Z or under.,Variance granted under ZBA #5775 concerning additions to the existing dwelling. The new construction will constitute an increase in the degree of nonconformance located at less than 35 feet from the rear property line and less than .7,5 feet to the bulkhead, at 75 Island View Drive, Greenport; CTM Parcel 1000-.5.7-2-32. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offere~i by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly a~opted (5-0). 10:51 p,.M. MAGGI-MEG REED and MICHAEL SCHUBERT #5980. Request for a Variance under Sections 280-15 and 280-124, based on the Building Inspector's Page 3 - Minutes Regular Meeting held December 28, 2006 Southold TowniZoning Board of Appeals August 15, 2006 Notice of Disapproval concerning shed construction located at less than the 35 ft. minimum front yard setback allowed under Building Permit No. 31292-Z dated July 19, 2005 and ZBA #5708 issued June 9, 2005. Location of Property: 935 Private Rd #3, East Marion; CTM Parcel 1000-21-1-2. 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 close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:58 A.M. MARYANN MEARS, et al. #5984. Request for a Variance under Section 280-14, based on the Building Inspector's August 11, 2006 Notice of Disapproval concerning a proposed deck addition at less than the code required minimum of 10 feet on a single side yard and 15 ft. minimum on the remaining side yard, at 1050 Dean Drive, Cutchogue; CTM Parcel 1000-116-5-12. BOARD RESO]~UTION: (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). ll:00'~.M. KATHLEEN BOWER #5981. Request for a Variance under Section 280-15, based on the Building Inspector's September 19, 2006 Notice of Disapproval concerning an as-built accessory shed located in a yard other than the code-required rear yard, at 12710 Soundview Avenue and corner of Horton's Lane, Southold; CTM Parcel 1000-54-7-1.3. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.} After receiving testimgny, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, to adjourn the hearing to January 25, 2007 at 9:45 a.m., subject to receivii?g survey showing pool and staking as well as, alternate location after staking. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). ll:43~A.M. NO FO PROPERTIES LLC, MARK GORDON, ELLIE GORDON #5983. Jesse ~Gordon. Request for a Variance under Section 280-116, based on an application for a building permit and the Building Inspector's August 21, 2006 Noticelof Disapproval concerning proposed additions and alterations to the existin, g dwelling at less than 100 feet from the top of the bluff adjacent to the Long I.sland Sound, at 1150 Northview Drive, Orient; CTM 1000-13-1-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing, reserving decision. Vote o~ the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:58 A.M. MICHAEL LIEGEY #5979. R. Vandenburgh, Esq., Ann Stirgen, Bill Gary, iLinda Bertani, Stan Anderson, Joanne Maddaling, Jim Frederickson, Maure.en Shay, Sal Brandford. Request for a Variance under Section 280-15, based on the Building Inspector's February 15, 2006 Notice of Disapproval, amend~ d October 18, 2006 concerning a proposed accessory garage in an area other t~an the code-required rear yard, at 105 Town Creek Lane, Southold; Parcel 1000-64-1-9.1. 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 heari ~ng to February 22, 2007 at 11:00 a.m. for possible alternate plan. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 4 - Minutes Regular Meeting held December 28, 2006 Southold Town'Zoning Board of Appeals III. POSSIBLE DELIBERATIONS/DECISIONS on the following applications: Hearinq held 11/30: accept written information submitted 12/21/06 btl Ed J. Botld V, Esq. in repltl to Board's 11/30 PH request: EAST MARION FIRE DISTRICT #5972. 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 communication/telecommunications tower on property owned, leased or otherwise controlled by a special district approved by the commissioners of the special district. The proposed tower will exceed the code limitation - with a height greater than 10 feet above the average height of buildings within 300 feet of the facility; OR if there are no buildings within 300 feet, these facilities shall not 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 all directions. Location: 9245 Main Road, East Marion; CTM 31-3-11.31 containing 3.05 acres. BOARD RESOLUTION: Motion was offered by Chairwoman Oliva, seconded by Member Dinizio, to re-open the hearing for January 25, 2007 at 1:00 - 1:15 p.m. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). i IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. The Chairwoman confirmed the following: Special Meeting to be held: January 11. 2007, 6 PM at Town Hall Annex, NFB 2na Floor Executive Board Room. {Agenda items to include Deliberations/Decision on complete files/carryovers from today's hearings). B. Regular Meeting scheduled for January 25, 2007 at 9:30 AM, Town Hall, 53095:Main Road, Southold. V. ATTORNEY-CLIENT SESSION OR EXECUTIVE SESSION: Recent Court Decision in the Matter of Milot v. ZBA {Owner's Petition denied, ZBA action confirmed). There being no other business properly coming before the Board at this time, Chairwoman 01iva declared the meeting adjourned. The meeting was adjourned at 2:35 Respectfully submitted, Linda Kowalski RECE. IVED, Southo[d ~ow~ Clef[