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HomeMy WebLinkAboutZBA-06/05/2003 SPEC c � 1 APPEALS BOARD MEMBERS ��$UFFO(/►C h�0 ®Gy Southold Town Hall Lydia A. Tortora, Chairwoman c 53095 Main Road Gerard P. Goehringer y Z P.O. Box 1179 George Horning O .F Southold,New York 11971-0959 Ruth D. Oliva y� O� ZBA Fax(631)765-9064 Vincent Orlando �'� �a Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Updated 8/4/03 MINUTES SPECIAL MEETING THURSDAY, JUNE 5, 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, at 6:00 p.m. on Thursday, June 5, 2003. Present were: Lydia A. Tortora, Chairwoman Gerard P. Goehringer, Member Ruth D. Oliva, Member (from 6:45 p.m.) Vincent Orlando, Member (excused between 7:00 and 8:05 p.m.) Paula Quintieri, Clerk Absent were: George Horning, Member 6:00 p.m. Mrs. Tortora called the meeting to order. AGENDA ITEM I: SEQRA: The Board proceed with the agenda items, as follows: STATE ENVIRONMENTAL QUALITY REVIEW ACT: None declared at this time: pending inspections and reviews regarding new applications. AGENDA ITEM II: DELIBERATION/DECISION MATTERS: The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Approved as applied for: Appl. No. 5305 — Melissa Corwin Clark Appl. No. 5314—Joseph A. and Monique Robin Appl. No. 5276 —Joseph Mauro Appl. No. 5306 — Claire L. Copersino Appl. No. 5019— George Giannaris, John Giannaris and others/Hellenic Cabins Appl. No. 5051 — Cliff& Phils Lobersterhouse Approved with conditions: i { Page 2—Minutes June 5,2003—Special Meeting Southold Town Board of Appeals Approved with conditions: Appl. No. 5359—John and Kathleen Ahearn AGENDA ITEM III: PUBLIC HEARINGS: The Chairwoman opened each of the following hearings to the audience for discussion. For full details on discussions, please see written Transcript, prepared separately and filed with the Town Clerk for reference. 6:30 p.m. Madeline Droege #5186. (continued 4/17/03) Request for a Variance under Sections 100-33C, 100-30A.4, 100-31 C, based on the Building Department's April 26, 2002 Notice of Disapproval stating that the proposed structure is not a permitted use, and that it does not meet the code's height limitation or minimum setback provisions. Applicant proposes an accessory wind turbine structure at less than 50 feet from the front property line and at a height greater than the code limitation of 18 feet, at 885 Petty's Drive, Orient; Parcel 1000-14-2-24. Motion was offered by Chairwoman Tortora, seconded by Member Oliva, and duly carried to postpone Appl. No. 5186 Droege to September 11, 2003 at 6:45 p.m. per request of both Daniel C. Ross, Esq. and Patricia Moore, Esq. in letter dated June 5, 2003. This Resolution was duly adopted (4-0). 6:40 p.m. MICHAEL PISACANO #5264. (continued from 4/3/03) The applicant has filed a request for a Lot Waiver under Section 100-24A based on the November 7, 2002 (amended 11-8-02) Building Department's Notice of Disapproval for construction of a single family dwelling. The basis of the Notice of Disapproval is that this 73,616 sq. ft. parcel is not permitted in the R-80 District because it is not a recognized lot by any of the four code standards, under: 1) The identical lot shall be created by deed recorded in the Suffolk County Clerk's office on or before 6-30-83, and the lot conformed to the minimum lot requirements set forth in Bulk Schedule; 2) Lot was approved by the Southold Town Planning Board, or 3) Lot is shown on a subdivision map approved by the Southold Town Board prior to 6-30-83, or 4) Lot is approved/recognized by formal action of the Board of Appeals prior to 6-30-83. Location of Property: 1457 Cox Neck Rd., Mattituck; Parcel 1000-113-07-19.11. Motion was offered by Chairwoman Tortora, seconded by Member Goehringer, and duly carried to advertise Appl. No. 5361 for July 10, 2003 and cancel Appl No. 5264. This Resolution was duly adopted (4-0). 6:40 p.m. S. Sachman and A. Quadrani #5302. (continued from 5/15/03) . Based on the Building Department's October 1, 2002 Notice of Disapproval, applicants request a Variance under Sections 100-33C and 100-32 to locate an accessory swimming pool as an accessory structure at less than 50 feet from the front lot line, at 4705 Nassau Point Road, Cutchogue; Parcel 1000-111-9-9. Chairwoman Tortora makes a motion, seconded by Member Oliva, and duly carried to adjourn this application to July 24, 2003 Page 3—Minutes June 5,2003—Special Meeting Southold Town Board of Appeals at 1:00 p.m. at the applicant's request of May 30, 2003. This Resolution was duly adopted (4-0). A short recess was taken at 6:45 p.m. and reconvened at 7:00 p.m. Member Orlando recused himself from Public Hearing for Mary Zupa Appl. No. 5266. 7:05 Mary Zupa #5266 - (continued from 3/20/03) Applicant requests Variances under Sections 100-24B and 100-32, based on the Building Department's October 30, 2002 Notice of Disapproval for construction of a single family dwelling. The reasons stated in the Notice of Disapproval are: 1) the construction of a single family dwelling on a nonconforming 75,687 sq. ft. parcel in the R-80 District is not permitted; 2) the lot is not recognized, and its use is a marina, and 3) the construction of a single family dwelling would constitute a second use. Location of Property: 580 Basin Road, Southold (Paradise Point); Parcel #1000-81-16.7. Eric Bressler, Esq. appeared on behalf of the applicant, Mary Zupa, who was also present. Stephen Angel, Esq. appeared for the opposition, Paradise Point Association. Also giving testimony in opposition were neighbors Robert Scalia and Mary Alberi-Pinker. Chairwoman Tortora requests that counsel submit copies of all correspondence to each other, and that all submissions be received by the Zoning Board of Appeals prior to 4:00 p.m. July 18, 2003. A motion was made by the Chairwoman and seconded by Member Goehringer and duly carried, to adjourn this hearing to July 24, 2003 at 2:30 p.m. This Resolution was duly adopted (3- 0). End of public hearings. AGENDA IV: RESOLUTIONS/UPDATES/OTHER: 1. A motion was made by the Chairwoman and seconded by Member Goehringer, and duly carried, to withdraw the following applications: Appl. No. 5198—S. LaGuardia Appl. No. 5347— G. Bischoff Appl. No. 5342— East Marion Fire District This Resolution was duly adopted (3-0). 2. The Chairwoman offered a motion to adjourn Appl. No. 5303 J. Severini to July 24, 2003 per letter from the Applicant of May 30, 2003 and seconded by Member Goehringer, and duly carried. This Resolution was duly adopted (3-0).