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HomeMy WebLinkAboutZBA-10/30/2008Office Location: Town Annex/First Floor, Capital One Ba~k 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, OCTOBER 30, 2008 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 30, 2008 commencing at 9:15 A.M. Present were: Gerard P. Goehringer, Chairman/Member Ruth D. Oliva, Member James Dinizio, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Confidential Secretary Absent was: Kieran Corcoran - Assistant Town Attorney 9:24 A.M. Chairman Goehringer 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 Chairman 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: LYNN and ARTHUR BOULANGER #6211 COSTAS TERZIS # 6212 THOMAS and MARY IRENE MARRON # 6216 M. JUDGE and E. COSTELLO #6209 HELEN and PETER LOUCA #6213 VINCENT LAROCCA #6208 JOAN E. SHANNON #6214 PATRICIA and ROBERT FRIEMANN # 6217 PETER and SABRINA PEZZINO #6210 ESTATE OF SUSAN DELEO #6229 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 2 - Minutes Regular Meeting held October 30, 2008 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 9:27 A.M. LYNN and ARTHUR BOULANGER #6211. Nancy Dwyer, Designer for Applicant. Request for a Variance under Section 280-15, based on the Building Inspector's June 23, 2008 Notice of Disapproval concerning a proposed accessory garage in a front yard, rather than the rear yard, at 1150 Vanston Road, Cutchogue; CTM 111-4-6. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 9:30 A.M. COSTAS TERZIS # 6212. Phil Spiemann, Esq., of Harvey Arnoff Law Office. Requests for Variances under Sections 280-14 and 280-124, based on an application for a building permit and the Building Inspector's October 8, 2008 amended Notice of Disapproval concerning as-built construction which exceeds the code limitation of 2-1/2 stories in height and lot coverage limitation of 20 percentage of the buildable area of the lot, and which is set back at less than the code required minimum of 35 feet in the rear yard. Location of Property: 765 Dogwood Lane, Southold; CTM 54-5-32. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:05 A.M. THOMAS and MARY IRENE MARRON # 6216. Doug McGahan, Bay Creek Builders. Request for Variances under Sections 280-116B and 280-124, based on an application for a building permit with amended plans to allow new construction instead of additions and alterations to the dwelling as applied and granted on 1/10/08 under ZBA #6110. The Building Inspector's August 20, 2008 Notice of Disapproval states that the former dwelling was demolished, and a new single-family dwelling construction is proposed. ZBA #6110 was a request for additions and alterations to an existing dwelling at less than the 15 feet on one side, and ZBA//5797 was a request for additions at less than 75 feet to the existing bulkhead and adjacent to Jockey Creek, at 3125 Wells Avenue, Southold; CTM 70-4-10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to adjourn the hearing for approximately one hour, pending receipt of amended Notice of Disapproval. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- 0). 10:25 A.M.M. JUDGE and E. COSTELLO #6209. Charles Cuddy, Esq. Request for a Variance under Section 280-18, based on the Building Inspector's August 4, 2008 Notice of Disapproval concerning a new dwelling (under construction) for which a third-story is proposed for use as an office rather than attic space, at 13007 Oregon Road, Cutchogue; CTM 83-2-11.14. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Page 3 - Minutes Regular Meeting held October 30, 2008 Southold Town Zoning Board of Appeals Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:38 A.M. HELEN and PETER LOUCA #6213. Chris Rivera, Agent. Request for Variances under Sections 280-122A and 280-124, based on the Building Inspector's amended August 8, 2008 Notice of Disapproval concerning additions and alterations to the existing dwelling, which create a new nonconformance and increase degrees of existing nonconforming setbacks with regard to a single side yard at less than 10 feet and total side yard setbacks at less than 25 feet on this 10,454 square foot parcel. Location of Property: 475 Miriam Road, Mattituck; CTM 99-1-32. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:46 A.M. VINCENT LAROCCA #6208. Ken Scheublein and Charles Digny, opposition. Request for Variances under Section 280-15, based on the Building Inspector's May 30, 2008 Notice of Disapproval concerning as-built accessory structures in the front yard, rather than a code-defined rear yard, at 185 West Creek Avenue, Cutchogue; CTM 103-13-22.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the written portion by 3:00 p.m., November l0th with no written rebuttals. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:55 A.M. RESOLUTION (BREAK): Motion was offered by Member Oliva, seconded by Member Weisman, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:58 A.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 FROM above: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 11:58 A.M. JOAN E. SHANNON #6214. Rob Stromski, Architect. Request for Variances under Sections 280-122A and 280-124 based on the Building Inspector's August 1, 2008 Notice of Disapproval noting a proposed demolition, renovations and additions, with increase in the degree of nonconforming concerning a side yard setback at less than 15 feet and total side yards at less than 35 feet, at 7080 Great Peconic Bay Boulevard and adjacent to Great Peconic Bay, Laurel; CTM 126-11-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:16 P.M. PATRICIA and ROBERT FRIEMANN #6217. Mark Schwartz, Architect. Request for a Variance under Section 280-116B based on an amended Page 4 - Minutes Regular Meeting held October 30, 2008 Southold Town Zoning Board of Appeals application for a building permit and the Building Inspector's August 26, 2008 Notice of Disapproval concerning additions and alterations to an existing single- family dwelling at less than 75 feet from the bulkhead adjacent to Little Creek, and for which a stop work order was issued because of a change in the scope of the work and change since application submitted under ZBA #6139. Location: 2935 Pine Tree Road, Cutchogue; CTM 104-3-8. BOARD RESOLUTION: {Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: Ail. This Resolution was duly adopted (5-0). 12:20 P.M. PETER and SABRINA PEZZINO #6210. Patricia Moore, Esq., and Frank Zory. Request for a Variance under Section 280-124, based on the Building Inspector's revised October 6, 2008 Notice of Disapproval concerning a proposed new dwelling at less than 25 feet total side yards (and after demolition of an existing dwelling), at 3120 Grathwohl Road, New Suffolk; CTM 110-8-7. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing, subject to receipt of appraiser letter by November 10, 2008 from Mr. Zory and reply to letter by November 17th. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 12:50 P.M. Frank Yakaboski, Esq. for ESTATE OF SUSAN DELEO #6229. Requested is a Lot Waiver under Section 280-11 to unmerge two properties based on the Building Inspector's August 6, 2008 Notice of Disapproval, citing Section 280-10. The two properties involved in this unmerger request are shown on the Map of Eastern Shores as: (1) CTM 33-2-27, vacant land, with a nonconforming area of 21,289 square feet, and (2) CTM 33-2-28 with a house, of a nonconforming area of 20,602 square feet for CTM 33-2-28. Location: 1225 and 1135 Green Hill Lane, Greenport. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:08 P.M. THOMAS and MARY IRENE MARRON # 6216. RECONVENED. Doug McGahan, Bay Creek Builders. BOARD RESOLUTION: {Please see transcript of written statements prepared under separate cover.} After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Oliva, to close the hearing, reserving decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). III. DEUBERATIONS/OTHER RESOLUTIONS: The Board deliberated on the following application. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: PH held 6/26/08 with current time extension pending: APPROVE WITH CONDITIONS: END OF THE ROAD/MOONEY # 6013. Page 5 - Minutes Regular Meeting held October 30, 2008 Southold Town Zoning Board of Appeals Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:27 P.M. RESOLUTION (BREAK): Motion was offered by Member Oliva, seconded by Member Weisman, to take a short recess. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:34 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 FROM above: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 1:35 P.M. STEVE and OLGA TENEDIOS #6198. Patricia Moore, Esq. and Joseph Fischetti, P. E. Request for Variances under Sections 280-124, based on the Building Inspector's June 30, 2008 amended Notice of Disapproval concerning a proposed new dwelling, after removal of the existing building(s) for placement on a new location with pilings or other foundation after house is elevated, and a proposed enlargement to connect the relocated house to the existing garage. The property has zero buildable land, being on the seaside of the Coastal Erosion Hazard Line. The Building Inspector's reasons for disapproving the building permit application are that the proposed construction will be: (1) less than 40 feet on a front yard; (2) less than 15 feet for a single side yard setback, (3) less than 35 feet total side yard setbacks, and (4) lot coverage exceeds the code limitation of 20% (100% lot coverage for zero buildable land area). Location of Property: 1625 North Sea Drive, Southold; CTM 1000-54-4-18 (adjacent to dunes and Long Island Sound). BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.} After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Simon, to adjourn the hearing to 1:30 p.m. December 4, 2008 for additional testimony and Building Inspector clarification. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:32 P.M. (Continued Hearing): 2000 BROADWATERS LLC # 6186. Garrett Strang, Architect, Spiro Geroulanos, Richard and Robyn Mikulas, opposition. Request for a Variance under Section 280-124, based on the Building Inspector's May 12, 2008 Notice of Disapproval concerning a proposed new dwelling with a setback at less than the code-required 35 feet from the front lot line (after demolishing the existing building), at 2000 Broadwaters Road, Cutchogue; CTM 104-9-12. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Weisman, to adjourn the hearing to 1:15 p.m. January 8, 2009, for additional testimony. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION ADOPTED: Motion was offered by Chairman Goehringer, seconded by Member Weisman to advertise in the Town's official newspaper Page 6 - Minutes Regular Meeting held October 30, 2008 Southold Town Zoning Board of Appeals public hearings for complete applications, to be held December 4, 2008 at a Regular Meeting commencing at 9:30 A.M. at Southold Town Hall (Court Room}, 53095 Main Road, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). B. RESOLUTION ADOPTED: Motion was offered by Member Weisman, seconded by Member Oliva, and duly carried, to set the next Special Meeting for Thursday, November 13, 2008 - 6 PM at Town Hall Annex (Capitol One Building} Second Floor, Youngs Avenue, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted {5-0). C. APPROVAL OF MINUTES/RESOLUTION ADOPTED: Motion was offered by Member Weisman, seconded by Member Oliva, and duly carried, to accept and authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held October 16, 2008. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). D. Work Session reviews (no action taken). V. EXECUTIVE SESSION None. There being no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 3:35 P.M. Respectfully submitted, Les~i~ Kanes~Weism~r~, Chairperson Approved for Filing~/c~5'/~ ~ Resolution Accepting for Filing ~To~. Cler~