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Home My WebLink AboutZBA-02/28/2002APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY FEBRUARY 28, 2002 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net RECEIVED A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Annex Building (Capital One-North Fork Bank), Second Floor, Executive Board Room, 54375 Main Road, Southold. Present were: Gerard P. Goehringer, Chairman/Member Lydia A. Tortora, Homing, Member Ruth Oliva, Member Vincent Orlando, Member Absent: George Homing, Member 6:30 P.M. Call to Order by Chairman Gerard Goehringer. STATE ENVIRONMENTAL QUALITY REVIEW: None. DELIBERATIONS/DECISIONS/RESOLUTIONS OR OTHER: The Board deliberated on the following applications. The originals of each of the following applications were decided, with the original determination filed with the Southold Town Clerk: APPROVED WITH CONDITIONS VINCENT O'NEILL #5055 ART SAFALOW #5070 DAVID and TRISH HOWE #5057 POSILLICO CONSTRUCTION #5066 JOHN and PATRICK STACK #5054 RUTH ANN BRAMSON #5060 Page 2 - Minutes Special Meeting held February 28, 2002 Southold Town Zoning Board of Appeals APPROVED AS APPLIED VICTOR RUTKOWSKI # 5063 JOSEPH and BETH CASTRONOVO #5059 GEORGE S. CAMBOURAKIS #5056 MARY LEONARDI #5064 DENIED WITH ALTERNATIVE RELIEF CHRISTOPHER and IRENE VITTI #5067 JOHN and ANNEMARIE CURTIN #5062 PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published. 6:55 p.m. (Carryover from January Hearing) - R. Lark, Esq., for applicant; P. Moore, Esq. (for J. Cella); Chris Uhl -Appl. No. 5034 - RUST FAMILY PARTNERSHIP. Interpretation and/or Relief for addition with setback variances from front lot line and bulkhead, at 4680 Wunneweta Road, Cutchogue; 11 I-14- 34. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairman Goehringer, seconded by Member Tortora, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was absent. 7:26 p.m. Appl. No. 4927 - KACE LI, INC. M. Pachman, Esq.; A. Tohill, Esq. (Carryover from January 24, 2002). This is an Appeal requesting Reversal of the Building Inspector's Notice of Disapproval dated August 13, 2001, which disapproval denied an application for a building permit for two-family dwellings under Article IV, Section 100-42A.2. The reason stated in the Notice of Disapproval is that the proposed project indicates several two-family dwellings on a single parcel, and that the Code allows only one such structure per lot as a permitted use. Zone District: Hamlet-Density (HD). Location of Property: South Side of North Road or CR 48, 500+/- feet east of Chapel Lane, Greenport; Parcel 40-3-1, now or formerly referred to as 'Northwind Village: site. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairman Goehringer, seconded by Member Tortora, to close to verbatim with response to be received no later than 3/15/02. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 8:05 P.M. RESOLUTION (BREAK): Motion was offered by Chairman Goehringer, seconded by Member Tortora, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. 8:10 P.M. RESOLUTION (RECONVENE): Motion was offered by Chairman Goehringer, seconded by Member Tortora, to reconvene the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was absent. Page 3 - Minutes Special Meeting held February 28, 2002 Southold Town Zoning Board of Appeals PUBLIC HEARINGS continued: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published. 8:10 P.M. Appl. 5051 - CLIFF and PHIL'S LOBSTER HOUSE/RESTAURANT. George Tsunis, Esq; Paul Steth; P. Moore, Esq., Chris and Patricia Popei; John Casmatis; Constantine P. Georapolous; Maryann Murtagh opposition; George Sullivan; dohn Nichols, Jr., and Skip Goldsmith. Based on the Building Department's Notice of Disapproval issued November 13, 2001, amended November 14, 2001, applicant is requesting: (a) an Interpretation under Article XX1V, Section 100-243 to Reverse Building Department's determination which stated that the proposed addition/alteration to an existing restaurant establishment is not a permitted use in the residential R-40 District, or alternatively a Variance under Section 100-243A authorizing the proposed addition to the existing restaurant, a nonconforming use in a nonconforming building; and (b) a Variance under Section 100-244B to locate the proposed addition maintaining the same nonconforming setback at less than 35 feet from the front property line; and (b) a Variance under Section 100-244B for a total lot coverage in excess of the code limitation of twenty (20) percent of the total lot area. Zone District: R-40 Residential. Location of Property: Corner of East Side of Kenney's Road and the south side of North Sea Drive, Southold; County Tax Map Parcel 1000-54-5-22. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) Motion was offered by Chairman Goehringer, seconded by Member Tortora, to recess the hearing without a date. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Horning was absent. EXECUTWE SESSION: None held. There being no other business properly coming before the Board at this time, Chairman Ooehringer declared the meeting adjourned. The meeting was adjourned at 10:00 P.M. Respectfully submitted, Included'by Refere e:?2I&d Z A~Deci~ions {12) O~e,~d P. Goehringer ~ ~proved for Filing ~