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Home My WebLink AboutZBA-04/08/2004 Special APPEALS BOARD MEMBERS p�0 COG Southold Town Hall Ruth,D. Oliva, Chairwoman =� y� 53095 Main Road Gerard P. Goehringer y Z P.O. Box 1179 Lydia A. Tortora • Southold,NY 11971-0959 Vincent Orlando y,�C ap! Tel. (631) 765-1809 James Dinizio,Jr. Fax(631)765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY,APRIL 8,2004 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,April 8,2004,commencing at 6:10 PM. Present were: Ruth D.Oliva, Chairwoman/Member Gerard P. Goehringer, Member Lydia A.Tortora, Member Vincent Orlando, Member James Dinizio, Member Linda Kowalski,ZBA Confidential 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. SEQRA determinations(none). II. PUBLIC HEARING: (none held). III. DELIBERATIONS/DECISIONS.The Board deliberated on the following applications. The originals of each of the following applications were decided,with the original determinations filed with the Southold Town Clerk: Approvals(Incorporated by Reference: Originals Filed with Town Clerk): MARTIN J. BANCROFT, JR. #5484. (Hearing concluded 3/18/04). This is a request for a Variance under Section 100-33, based on the Building Department's December 22, 2003 Notice of Disapproval, concerning the location of a proposed lap pool in area other than the code-required rear yard, at 38099 Main Road, Orient; Parcel 1000-15-2-16. JOSEPH and FRANCES SETARO #5496. (Hearing concluded 3/18104), This is a request for a Variance under Sections 100-242A and 100-244B, based on the Building Department's January 22, 2004 Notice of Disapproval, last amended January 27,2004,concerning proposed second-story additions and alterations to the existing,.dwelling with combined total side yards at less than 25 feet, at 3680 Stillwater Avenue, Cutchogue;CTM 137-1-13. FREDERICK and DOROTHY CHARNEWS #5469. This is a request for a Variance under Section 100- 30A.3 (ref. bulk schedule) based on the Building Department's November 3, 2003 Notice of Disapproval concerning a proposed addition with a setback at less than 50 feet from the rear property line, at 11675 Pequash Avenue, Cutchogue;CTM 103-7-16. STEVEN SZCZENIAK#5497. This is a request for a Variance under Sections 100-33 and 100-244, based on the Building Department's December 10, 2003 Notice of Disapproval, amended February 12, 2004, concerning the proposed additions to the existing dwelling with lot coverage exceeding the code limitation of 20% of the lot area, and after this new construction, the existing garage will be at the side yard of the new Page 2 —Minutes Meeting held Southold Town Board of Appeals addition instead of a code-required rear yard,at 1400 Marlene Lane, Mattituck; CTM 144-2-36. Approvals(Incorporated by Reference: Originals Filed with Town Clerk): RICHARD and NANCY WILLOTT#5491. This is a request for a Variance under Section 100-242A and 100- 244, based on the Building Department's October 17, 2003 Notice of Disapproval concerning a proposed addition with a rear setback at less than 35 feet,at 560 Private Road#31, Southold; CTM 77-3-21. ROBERT and KELLY L. KRUDOP. Applicants request the following Lot Waivers under Section 100-26. Based on the Building Department's November 17, 2003 Notice of Disapproval, the properties have merged under Section 100-25 due to common ownership with the first lot at any time after July 1, 1983: #5487. To unmerge CTM 1000-96-1-9 of 12,254 sq. ft., from CTM 1000-96-1-8 of 14,787 sq. ft. Location of Property: 170 and 250 Tuthill Lane, Cutchogue. #5486. To unmerge CTM 1000-96-1-6 9334 sq. ft., from CTM 1000-96-1-8 of 14,787 sq. ft. Location of Property: 50 and 170 Tuthill Lane, Cutchogue. JONATHAN GILSON and REGINA EBEL#5498. This is a request for a Variance under Sections 100-33 and 100-242A, based on the Building Department's February 5, 2004 Notice of Disapproval, concerning an accessory garage, which will become more nonconforming in its existing side yard location, after construction of proposed additions to the dwelling. The code requires accessory buildings to be in a rear yard. Location: 1185 Mill Road, Mattituck; CTM 106-9-8.4. GEORGE AND DONNA DIAKOUMAKOS#5501. This is a request for a Lot Waiver under Section 100-26 to unmerge Lot 40, Map of Orient by the Sea, Section One,shown as CTM 15-7-11 of 12,500+-sq.ft.,from an adjacent land area of 13,765+-sq.ft.,shown as CTM 15-7-10, improved with a dwelling. Location: 455 and 555 Three Waters Lane, Orient. GEORGE PENNY IV#5493. This is a request for a Variance under Section 100-31 C, based on the Building Department's January 23, 2004 amended Notice of Disapproval concerning a proposed horse barn and corral on a lot which contains less than ten (10) acres of land, the minimum size required for keeping, breeding, raising, and training of horses. Location of Property: 1150 Kenny's Road, Southold; CTM 59-3- 17.3 (containing 6.967 acres). DONALD and IRENE SUTER#5489. This is a request for Variances under Sections 100-33C, 100-242A, and 100-244B, based on the Building Department's July 23, 2003 Notice of Disapproval, last amended February 3,2004, concerning: (a) proposed additions and alterations to the existing dwelling at less than 35 feet from the front property line and less than 10 feet from the side lot line,and (b) relocation of the existing accessory garage and proposed addition, at less than 35 feet from the front property line. Location of Property: 1150 Dean Drive, Cutchogue; CTM 116-5-14. ARTHUR and RUTH VENTURA #5495. This is a request for a Variance under Section 100-239.4A(1), based on the Building Department's December 23, 2003 Notice of Disapproval concerning the location of a proposed dwelling at less than 100 feet from the top of the bluff adjacent to the Long Island Sound,at(No#) Sound View Road, Orient; CTM 15-3-46(Orient By the Sea). Page 3 —Minutes Meeting held Southold Town Board of Appeals Denial with Grant of Alternative Relief(Incorporated by Reference: Originals Filed with Town Clerk): J & C HOLDINGS, Contract Vendee#5419. (Owner: Edna Doll). (Hearing was concluded 2126104): 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 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; CTM 13-1-5.1. JOSEPH TRENCHENY #5453. (Hearing concluded 3/18/04). Request for a Variance under Section 100-244B, based on the Building Department's August 25, 2003 Notice of Disapproval, concerning additions and alterations proposed with a total side yard area at less than 25 feet, at 120 South Lane, East Marion; Parcel 37-6-3.2. Denial(Incorporated by Reference: Originals Filed with Town Clerk): MARTHA CASSIDY #5457. Hearinq concluded 2/26/04): Request for Variances under Sections 100-30A.1 and 100-231, based on the Building Department's March 10, 2003 Notice of Disapproval, amended May 6, 2003,for the following reasons: (1)a tennis court is not a permitted use on a vacant lot, and (2) the proposed tennis court fence will exceed the code limitations of four ft. maximum height along or within front yard areas,six ft. maximum height along side and rear yards when a principal use is existing). Location: 1015 Youngs Avenue, Orient; CTM 18-1-3. IV. RESOLUTIONS/OTHER ACTION: A. RESOLUTION: Motion was offered by Member Goehringer,seconded by Chairwoman Oliva, and duly carried,to authorize advertising of the new public hearings for the April 22,2004 Regular Meeting of the Board of Appeals, to be held at the Town Hall Meeting Room, 53095 Main Road, Southold, New York, commencing at 9:30 AM. This Resolution was duly adopted. B. The Chairwoman discussed updates regarding litigation on the following ZBA matters: Dawson, Taggart, Callis. No other Board action was taken. There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned at 7:40 p.m. Respectfully submitted, n &1d'a" owa lski 4/23/040�C ZBA Confidential Secretary Inc d by Reference: Filed ZBA Decisions (J r RECEIVED 9' p Approved for Filing—Ruth D.Oliva fr/ /04 MAY 11 V4 So r old Town Cler