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Home My WebLink AboutZBA-03/04/2004 Special r f ) v APPEALS Ruth.D. Oliva, Chairwoman MEMBERS UFF �`Z�� y Southold Town Hall 53095 Main Road Gerard P. Goehringer co Z P.O. Box 1179 Lydia A.Tortora ^� Southold NY 11971-0959 Vincent Orlando y ! TeL (631)765-1809 James Dinizio,Jr. l `1►a� Fax(631)765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY, MARCH 4, 2004 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, March 4, 2004, commencing at 6:00 p.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member Lydia A.Tortora, Member Vincent Orlando, Member James Dinizio, Member Linda Kowalski, Board Assistant and Secretary 6:10 PM Chairwoman Oliva called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATION: (none). II. CARRYOVER DELIBERATIONS/DECISIONS/UPDATES: Hearings concluded 112VO4: No Action Necessary: REID MAHAFFEY#5455— Further review and update: The original with site plan, based on the Building.Inspector's 9/5/03 Notice of Disapproval, was properly noticed by the applicant, and advertised for a public hearing held 1/22/04. After the close of the hearing, the site map was modified to show conformity with the.40 ft. front yard setback, removing the need for a variance. However, the architect's amended plan as submitted also added a different area of relief as noted in the Building Inspector's 2/18/04 amended Notice of Disapproval. The new area of relief was not noticed as required under Ch. 58 (lacked additional certified mailings by applicant, advertising, etc.). The application was therefore noted to be defective, as amended, for these reasons. (The ZBA staff was advised that applicant does not wish to pursue to amendment at this time, and the plan would be further amended to meet the code setback requirement through the Building DepartmLant, without variance relief.) Location of property: 7705 North Bayview Road, Southold. Page 2-Minutes Meeting of March 4,2004 Southold Town Board of Appeals On Hold Pending Additional Information from Applicant DONALD GRIM #5441 - The applicant confirmed that the survey is being updated to show more details, for submission to the ZBA staff on or before Friday (March 18t' agenda review deadline for final submissions). GEORGEA KAPPASAKIS #5440 - A letter received 2/26/04 from the applicant's agent requesting additional time to submit the alternative plan discussed at the 12/18/04 public hearing. The Board deliberated and decided the following applications The originals of each of the followina decisions were filed with the Southold Town Clerk: APPROVALS(Hearings concluded 2126104) PATRIZIA ZANBONI #5452. Request for a Variance under Section 100-244B, based on the Building Department's August 22, 2003 Notice of Disapproval, amended August 25, 2003, concerning a new single-family dwelling with a front yard setback at less than 35 feet, after demolishing the existing building, at 1385 Minnehaha Boulevard, Southold; Parcel 87-3-23. (Amended ND issued 2119 for amended map.) JOSEPH AND ELIZABETH GORDON. Location of Property: 485 Gardiners Lane, Southold; Parcel 1000-70-8-29. Applicants request: #5470- Variances are requested under Sections 100-242A and 100-244, based on the Building Department's November 25, 2003 Notice of Disapproval,which states that the proposed alterations and additions to the existing dwelling with will be less than 40 feet from the front lot line and less than 50 feet from the rear lot line. Also, the Building Inspector has determined that under Section 100-31A(1), a second dwelling unit is not permitted above the garage, for the reason that the code allows"one-family detached dwellings,not to exceed one dwelling on each lot." #5471 -Special Exception under Section 100-31 B(13) for an Accessory Apartment in conjunction with the owner's residence. JOHN and VIVIAN HINTON #5477. This is a request for a Variance under Section 100-33, based on the Building Department's May 8, 2003 Notice of Disapproval, concerning the location of a swimming pool in a side yard instead of the code-required rear yard, after the as- built deck was constructed, at 515 Horseshoe Drive, Cutchogue; Parcel 1000-95-4-18.27. JOHN SCOTT and SANDRA TUFFY#5480. This is a request for a Variance under Section .1.00-30A.3., .based on the Building Department's November 17, 2003 Notice of Disapproval, concerning proposed addition at less than 50 feet from the front lot line, at 31025 Main Road, Cutchogue; CTM 102-2-23.4. jSurvey with front setbacks submitted 2/20). DARRIN SKREZEC #5482. This is a request for: (a) an Interpretation under Section 100- 81A(6) as to whether or not a landscaping business is permitted to stock pile landscape materials as an accessory use without the need for a Special Exception, and (b) alternatively, a Special Exception under Section ,100-81(B)(2) for a contractor yard, at 32900 CR 48, Peconic; CTM.74-4-14.3. Zone: . Limited Business. Mr. Skrezec was present at the time the Board del&ra'ed and decided this application. _.JOHN an.d.`JOYCE SAMPIERI #5483. This is a request for a Variance under Sections 100- 242A,and.A00-30A.3, based ,on the-Building Department's December 4, 2003 Notice. of Page 3 —Minutes Meeting held March 4,2005 Gouthold Town Board of Appeals Disapproval, concerning proposed alterations and additions to the existing dwelling at less than 15 ft. on a single side yard, at 1380 Bayberry Road, Cutchogue; CTM 118-2-12. STEPHEN PISACANO#5490. .This is a request for a Variance under Sections 100-242A and 100-244B, based on the Building Department's December 26, 2003 Notice of Disapproval, concerning proposed additions and alterations at less than 40 feet from the front lot line, at 16155 C.R.48, Cutchogue; CTM 101-1-15.1. LUKE and RITA LICALZI #5488. This is a request for a Variance under Section 100-33C, based on the Building Inspector's December 8, 2003 Notice of Disapproval (and renewed building permit) concerning an accessory swimming pool located at less than the code- required 50 feet from the front lot line on this waterfront parcel, at 2105 Calves Neck Road, Southold; CTM 70-4-46.1. (Please note: Pre C.O. for detached frame pool storage house design with shower, sink, plumbing located in an area other than the required yard was not available and could not be issued per Building Department status 2/25/04; a possible separate variance application may be filed if the Pre CO is disapproved at a future date by the Building Inspector.) VERA BAKELAAR#5479. This is a request for a Variance under Section 100-244, based on the Building Department's January 5, 2004 Notice of Disapproval, concerning a proposed addition and alterations with a total lot coverage exceeding the code limitation of 20%, at 45 Booth Place, Greenport; Parcel 1000-41-1-21. MATTITUCK FIRE DISTRICT#5485. Request for Variances under Section 100-92 and 100- 33B(3), based on the Building Department's January 2, 2004 Notice of Disapproval, amended January 16, 2004, concerning a proposed addition with a front yard setback at less than 15 feet, and concerning a proposed annex building at less than five feet from the side and rear lot lines, at 1000 Pike Street, Mattituck; Parcel 140-3-11.1. DENIAL and GRANT OF ALTERNATIVE RELIEF: CHRISTOPHER DURKIN#5481. Request for a Variance under Section 100-33, based on the Building Department's November 25, 2003 Notice of Disapproval, concerning a proposed accessory garage exceeding the code limitation of 18 feet, at 5779 Westphalia Road, Mattituck; Parcel 113-12-7. (Revised building plan submitted 311104 by applicant for 19'mean height.) REVERSAL OF BUILDING INSPECTOR DETERMINATION: TOWBEE, LLC (SeaTow) #5492 - Request for a Variance under Section 100-142, based on the Building Department's January 27, 2004 Notice of Disapproval, concerning two uses on a lot containing less than 80,000 sq.ft. (or 40,000 sq.ft. per use) in this Light Industrial (LI)Zone District. Location of Property: 700 Hummel Avenue, Southold; Parcel 1000-63-2-30.1. (2120104 attorney submitted affidavit outlining history of tenancy and uses to ZBA; Building Department has not reviewed for updated determination as of 2126104 PH). NO ACTION TAKEN ON THE FOLLOWING: BOARD DELIBERATIONS CONTINUED: WRITTEN DRAFT TO BE PREPARED; ALTERNATIVE RELIEF ALSO DISCUSSED FOR 70, AND 55, BLUFF SETBACKS; POSSIBLE VOTE AT NEXT MEETING: J & C HOLDINGS, Contract Vendee (Owner: Doll) #5419. Applicant requests Variances under Sections 100-30A.3 and 100-239.4A, based on the Building Department's November 7, 2002 Notice of Disapproval, amended August 6, 2003, concerning a proposed location of a f Page 4 —Minutes Meeting held March 4,2005 �l Southold Town Board of Appeals new dwelling with setbacks: (a) at less than 50 feet from the front property line and (b) less than 100 feet from the top of the Sound bluff, at 590 North View Drive, Orient; Parcel 1000-13- 1-5.1. (Applicant submitted revised survey 1127104 and engineer's memo with run-off calculations;also on 215 received info on retaining wall construction.). III. No public hearings were held. IV. OTHER: A. The Regular Meetinq and Public Hearinq calendar were confirmed as advertised for 9:30 AM Thursday, March 18, 2004. Agenda items include work session; continued work reviews of new files for future calendars; possible findings/decisions on: Grim, Stufano, or other(s) pending additional information from applicant. Brief reviews of pending files and general discussions by Board Members followed. B. Chairwoman Oliva confirmed that the April Special Meeting will be held on April 8th instead of April 1st, commencing at 6 PM. V. EXECUTIVE SESSION (Taggart v. ZBA update for ZBA counsel). There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:35 PM. (Incorporated by Reference: 12 Decisions,originals filed with the Town Clerk). Respectfully submitted, Linda Kowalski 3/25/04 Ruth D. Oliva, Chairwoman Approved for Filing Page 4 —Minutes Meeting held March 4,2005 Southold Town Board of Appeals new dwelling with setbacks: (a) at less than 50 feet from the front property line and (b) less than 100 feet from the top of the Sound bluff, at 590 North View Drive, Orient; Parcel 1000-13- 1-5.1. (Applicant submitted revised survey 1127104 and engineer's memo with run-off calculations;also on 215 received info on retaining wall construction.). III. No public hearings were held. IV. OTHER: A. The Regular Meeting and Public Hearinq calendar were confirmed as advertised for 9:30 AM, Thursday, March 18, 2004. Agenda items include work session; continued work reviews of new files for future calendars; possible findings/decisions on: Grim, Stufano, or other(s) pending additional information from applicant. Brief reviews of pending files and general discussions by Board Members followed. B. Chairwoman Oliva confirmed that the April Special Meeting will be held on April 8th instead of April 1st, commencing at 6 PM. V. EXECUTIVE SESSION (Taggart v. ZBA update for ZBA counsel). There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:35 PM. (Incorporated by Reference: 12 Decisions,originals filed with the Town Clerk). Respectfully submitted, ��da Kowalski 3/25/04 Ruth D. Oliva, Chairwoman Approved for Filing vssain APR 6 2004 /�So�fFmlT.trvn Clerk