The URL can be used to link to this page

Home My WebLink AboutZBA-11/06/2003 SPEC Y r OS��1 � .. APPALS,BOARD MEMBERS �p�► OG Southold Town Hall Ruth D. Oliva, Chairwoman a y1 53095 Main Road Gerard P. Goehringer y Z P.O. Box 1179 Lydia A. Tortora • Southold,NY 11971-0959 Vincent Orlando - d p! Tel. (631) 765-1809 Fax(631) 765-9064 George Horning http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY, NOVEMBER 6,2003 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, November 6, 2003, commencing at 6:00 p.m. Present were: Ruth D. Oliva, Chairwoman Gerard P. Goehringer, Member Lydia A.Tortora, Member Vincent Orlando, Member Linda Kowalski,ZBA Confidentia[Secretary Absent was Member George Horning. 6:00 p.m. Chairwoman Oliva called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. RESOLUTIONS/DELIBERATIONS/DECISIONS: A. The following Resolution was adopted: On motion made by Member Tortora, seconded by Member Orlando, it was RESOLVED, to CALENDAR the hearing which was reopened by Resolution adopted by the Board of Appeals on 9/25/03, for a hearing date of December 18, 2003, for the purpose of questions related to the recent Notice of Pendency and Claim filed with the Supreme Court by the adjacent landowner concerning this property, ZBA File#5345 (lot waiver application of ZOUMAS CONTRACTING#5345). Vote of the Board: Ayes: Members Chairwoman Oliva, Goehringer, Tortora, and Orlando. (Absent was Member Horning.) This Resolution was duly adopted (4-0). B. The following Resolution was adopted: On motion by Chairwoman Oliva, seconded by Member Tortora, it was RESOLVED, to recalendar ZBA Appl. No. 5334 filed by DEBRA VICTOROFF to January 22, 2004 at 9:30 a.m., pending submission of applicant's map with showing existing wetlands Page 2 -Minutes ' Meeting held November 6,2003 Soifihold Town Board of Appeals areas. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Tortora, and Orlando. (Absent was Member Horning.) This Resolution was duly adopted (4-0). C. RESOLUTION (Heron Sculpture): The following Resolution was adopted: On motion by Member Tortora,seconded by Chairwoman Oliva, it was RESOLVED, to adopt the attached Findings with respect to ZBA Appl. No. 4537 for the purpose of placing it into the public record and filing same with the Town Clerk and the Building Department, and RESOLVED, based on these additional findings, and those set forth in the Board's prior decision, the Building Department's issuance of the building permit and certificate of occupancy for this accessory use is sustained. Vote of the Board: Ayes: Members Oliva (Chairwoman), Tortora, Goehringer. (Member Orlando abstained.) (Absent was Member Horning.) This Resolution was duly adopted (3-0). D. DISCUSSION: Board Members discussed the Planning Board's Memo with regard to the site plan map of LIPA at Osprey Dominion in Peconic. The Board indicated that no input would be offered at this time to the Planning Board in reply to their inquiries. E. DELIBERATIONS/DECISION: Appl. No. 5357- Omnipoint Communications, Inc. The Board deliberated and rendered its decision in this application, as shown in the attached copy of the original Findings, Deliberations, Decision filed with the Town Clerk, fully incorporated and set forth into this set of Minutes. F. RESOLUTION RESCINDING FORMER ACTION: Motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to RESCIND its October 23, 2003 Resolution due to the required time frame for compliance of Chapter 58 by the applicant, A. &S.Waggoner #5414, and to render a decision of approval with conditions, with the original Decision, Deliberations, Findings to be filed with the Town Clerk, and a copy attached hereto as though fully incorporated and set forth herein. Agenda Item II. DELIBERATIONS/DECISIONS ON THE FOLLOWING APPLICATIONS: The Board deliberated and rendered Decisions in the following applications, as attached, with the original Findings, Deliberations, Decisions filed with the Town Clerk. The copies attached are Page 3 —Minutes ' Meeting held November 6,2003 SoMhold Town Board of Appeals referred herein as though fully incorporated and set forth in this set of Minutes. Denied with Grant of Alternative Relief: VIRGINIA and CHRISTOPHER COYNE#5323. (Hearinci concluded 7110103). Request for: (a) living space in a non-habitable accessory building, with a proposed addition; (b) proposed additions/alterations to a non-habitable accessory building, and (c) "as built" accessory shed located in an area other than the code required rear yard. 8310 Soundview Avenue, Southold; CTM 59-7-29. Approval with Conditions: ALFRED AND MARY MAGILL #5362. Hearing concluded 8121/03: (10/15 applicant submitted plan revising roof design with letter of explanation; mean height confirmed is 15'11"). Based on the Building Department's April 21, 2003 Notice of Disapproval, applicants request a Variance under 100-244B for proposed alterations to an accessory garage existing at less than 35 feet from the front lot line, at 1145 Fleetwood Rd, Cutchogue; CTM #137-4-26. Deliberations without Action: JASON TAGGART #5389. Hearing concluded 9/25/03. Chairwoman Oliva indicated since a full Board was not present, that it would be better to wait until November 20, 2004 for attendance and participation by an (anticipated) full Board. No action was taken, and this agenda item was noted as a carryover for deliberations/possible decision on the next meeting agenda of November 20,2004. Approved as applied for: R. and A. COMBS #5393. Hearing concluded 10/9/03. Request for Variances under Sections 100-242A, 100-244, and 100-33, based on the Building Department's Notice of Disapproval amended July 17, 2003, concerning proposed additions to the dwelling with side yards at less than 15 on one side and 20 feet on the other side, for a total at less than 35 feet when combined; and existing location of the as-built shed at less than five (5) feet from the property line. Location of Property: 6525 Indian Neck Lane, Peconic; Parcel#86-6-24. Approved as per revised plan with conditions: LINDA FASBACH #5375. Hearing concluded 10/23/03. Based on the Building Department's May 12, 2003 Notice of Disapproval, applicant requests Variances under Sections 100-239.13, 100-242A, and 100-244, for : (1) addition to an existing dwelling Page 4 -Minutes ' Meeting held November 6,2003 Southold Town Board of Appeals with total side yards at less than 25 feet, (2) 'as built' deck addition at less than 75 feet from the bulkhead, (3) lot coverage in excess of the code limitation of 20% of the lot size.2905 Bay Shore Road, Greenport; 53-6-4. Approved as applied with conditions: P. METTES AND L. CALLAGHAN #5413. Hearing concluded 10123103. Request for a Variance under Section 100-82A, based on the Building Department's July 17, 2003 Notice of Disapproval, for proposed additions/alterations to existing commercial building with a side yard at less than 20 feet, at 43715 C.R. 48 (a/k/a Middle Road or North Road),Southold; 1000-59-3-30. Approved as applied with conditions: J. ANN PIGNATO AND MARIA REGINA #5415. Request for a Variance under Section 100-33, based on the Building Department's May 19, 2003 Notice of Disapproval, for a proposed accessory garage in a yard other than the rear yard, at 28545 Main Road, Orient; 18-6-24.3 Approved as applied for: PAUL SENNET #5402. Request for a Variance under Section 100-242A, based on the Building Department's June 27, 2003 Notice of Disapproval, for a proposed porch addition at less than 35 feet from the front lot line and rear lot lines, at 450 Richmond Road East,Southold; 135-3-7. Approved with condition: HOWARD MEINKE #5400. Request for a Variance under Section 100-244, based on the Building Department's May 30,2003 Notice of Disapproval,for approval of the "as-built" setback location of a deck and hot tub addition at less than 40 feet from the front lot line, at 2130 Broadwaters Road, Cutchogue; 104-9-13. Approved as applied for: PRISCILLA REILLY #5404. Request for a Variance under Section 100- 242A, ref. 100- 244B, based on the Building Department's June 13, 2003 Notice of Disapproval for a two-story addition at less than 10 feet on a single side yard and less than 25 feet for total side yards, after demolition of an attached garage, at 865 Old Shipyard Lane, Southold; 64-5-20. Page 5 —Minutes MQeting held November 6,2003 Southold Town Board of Appeais Hearings concluded 10/23/03: Approved as applied for: PAUL STETZ #5401. This is a request for a Variance under Section 100-242A, ref. 100- 244B, based on the Building Department's June 16, 2003 Notice of Disapproval. Applicant proposes a stairway and landing addition with rear yard setback at less than 35 feet, at 270 North Sea Drive, Southold; 54-5-50. Approved as applied for: Rita Jones #5414. This is a request for a Variance under Section 100-244B, based on the Building Department's July 11, 2003 Notice of Disapproval for a new addition which is an expansion into the single side yard setback which is less than 10 feet, and total side yards less than 25 feet, at 1335 Island View Lane, Greenport; 57-2-15. Approved as applied for: Michael and MarvEllen Cirrito #5417. This is a request for Variances under Sections 100-242A (ref. 100-244B) and 100-239.413, based on the Building Department's July 15, 2003 Notice of Disapproval,for proposed additions/alterations at less than a single side of 10 feet and less than 75 feet from the bulkhead, at 7625 Nassau Point Road, Cutchogue; 118-4-4. Agenda Item III. PUBLIC HEARINGS (none scheduled). Agenda Item IV. EXECUTIVE SESSION: Re: Zupa and Pisacano properties. Member Tortora confirmed that Frank Isler, Esq. has been requested as Special Counsel to represent the ZBA in these matters. There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 8:10 p.m. Respectfully submitted, � as,�F/.��-�'�.-� nla Kowalski Attachments: Case Decisions(�S Confidential Secretary,ZBA Transcript of Hearings Ruth D. Oliva, Chairwoman -Approved for Filing