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Home My WebLink AboutZBA-05/20/2004 Su�Fot� APPEALS BOARD MEMBERS p�0 COG Southold Town Hall Ruth D. Oliva, Chairwoman =� y1 53095 Main Road Gerard P. Goehringer y = P.O. Box 1179 Lydia A. Tortora.a. • Southold,NY 11971-0959 Vincent Orlando 'f' p� Tel. (631) 765-1809 James Dinizio,Jr: t �a Fax(631) 765-9064 http://southoldtown.northfork.net { BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, MAY 20, 2004 A Regular 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, May 20, 2004 commencing at 9:30 a.m. Present',were: Ruth D. Oliva, Chairwoman/Member Lydia A. Tortora, Member Vincent Orlando, Member James Dinizio, Member Linda Kowalski, ZBA Confidential Secretary Absent was: Gerard P. Goehringer, Member 9:34 a.m. Chairwoman Oliva called the meeting to order. AGENDA ITEM I:, The Board proceeded with the first item on the Agenda as follows: SEORA: RESOLUTION declaring the following Negative Declaration with no adverse effect for the following projects as applied: Type II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast applications for public hearings held this date (see II, below.) Vote of the Board: .Ayes: Member Oliva (Chairwoman), Tortora, Orlando and Dinizio. This Resolution was duly adopted (4-0). Member Goehringer was absent. PUBLIC HEARINGS: The following public hearings were held. Please see verbatim transcript of public,hearings for details of statements offered during the hearings: 9:40 AM ALAN BRAVERMAN #5518. Request for Variances under Sections 100-242A, 100-244,"! 100-33, based on the Building Department's March 5, 2004 Notice of Disapproval, concerning proposed additions to the dwelling with setbacks less than 35 feet from-;the front lot line, and proposed swimming pool and new addition to garage, both of which will be in partly in a front yard, rather than a rear yard. Location: 2700 Page 2 —Minutes Meeting held May 20;2004 Southold Town Board of Appeals Vanston.-Road, Cutchogue; CTM 111-5-4. (Please see transcript of written statements . prepared',under separate cover.) BOARD RESOLUTION: After receiving testimony,-'"t- '. motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 9:50 AM;PAUL ORLICK, Contract Vendee (Owner: Estate of A. Orr) #5519. Request for a Variance under Section 100-244, based on the Building Department's March 3, 2004 Notice of;bisapproval concerning a proposed new dwelling at less than 35 feet from the front lot line, at.1300 Leeton Drive, Southold; CTM 58-2-1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving�testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando,; o close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:00 ANf. THOMAS ROSICKI/SPARKLING POINTE, LLC #5520. Request for a Variance under Section 100-31A.4 based on the Building Department's March:17, 2004 Notice of Disapproval, for the reason that the existing building is less than 100 feet from the front lot line at County Road 48. Applicant proposes to convert the existing building.; use from:'agricultural-nursery to agricultural-winery. Location: 39750:C.R. 48, s; Southold: :CTM 59-10-1: (Please see transcript of written statements prepared under separate;cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision.;",Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:14 AMj. ROBERT VITELLI #5521. Request for a Variance under Section 100-33, based on,-,the Building Department's February 19, 2004 Notice of Disapproval. Applicant proposes a swimming pool in a yard defined as a front yard, rather than the code required rear yard, at 1045 Gillette Drive, East Marion; CTM 38-373. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded-,:by Member Orlando, to close the hearing reserving decision. :Vote of the Board: A;11. The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:24 AMI EFSTATHIOS and MARYANN KATSOULAS #5522. Request-for a Variance under Section 100-242AS and 100-244, based on the Building Department's March 12, 2004 Notice of Disapproval, amended March 22, 2004 Notice of Disapproval. Applicants propose a second story additions for additional living area and upper deck, over the existing dwelling construction, and adding a roofed entry over'the existing concrete;patio, portions of which are less than 35 feet from the front lot line, and with a proposed new garage, the lot coverage will be in excess of the 20% code limitation. Locatiom',1175 First Street, New Suffolk; CTM 117-7-27. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving;:testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando,°to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:39 AW PETER and ARLENE MANOS #5523. Request for a Variance under Section 100-33C;"based on the Building Department's April 1, 2004 Notice of Disapproval. Applicants propose a swimming pool in a yard defined as a side yard, rather than the code-regiired rear yard, at 2000 Sound Drive, Greenport; CTM 33-1-18. (Please see transcript,of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, r l' 7( ,7- Page 3 -Minutes Meeting held May 2q,2004 Southold Town Board of Appeals second4* Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:47AM:,ROBERT and JOANN HEGERMILLER #5525. Request for a Variance under Section 1;00-244 based on the Building Inspector's February 9,2004, Notice of Disapproval concerning an addition to a new dwelling under construction (BP #29615- Z), which."addition will be less than 35 feet from the front lot line, at 825 Green Hill Lane, Greenport; CTM 33-2-44. (Please see transcript of written statement prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered byy Chairwoman Oliva, seconded by Member Orlando, to close the hearing reservingdecision. The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:52 AM, ANCHOR LANE LLC #5526. Request for a Variance under Section 100- 239.413 based on the Building Department's April 8, 2004 Notice of Disapproval to reconstruct first floor in place and second story over existing foundation, and new foundatioh for addition, within 75 feet from the closest bulkhead, at 1615 Anchor Lane, Southold;,CTM 79-4-6.1. (Please see transcript of written statement prepared under „ separate over.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision.",,,The Resolution was duly adopted (4-0). Member Goehringer was absent. 10:55 Aff MARK and CARLA HAYNES #5527. Request for a Variance under Section 100-33 L4sed on the Building Department's September 12, 2003 Notice of Disapproval. concerning an accessory garage proposed in a yard defined as a front yard, rather than the code4iequired rear yard, at 4270 The Long Way, East Marion; CTM.30-2-95. (Please' see traqscript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded?-,by Member Tortora, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 11:02 AM LEONA WHITE #5524. Request for a Variance under Section 100-244, based onthe Building Department's March 25, 2004 Notice of Disapproval, amended March 4 2004. Applicant is proposing a new dwelling which will exceed the code limitation': of 20% of the total lot size for building areas, at 2290 Harbor Lane, Cutchogue; CTM 103-1-28. (Please see transcript of written statements prepared under x. separate", over.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision.'',.Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 11:20 Alf STEVE VESEY and CHERYL SCHLITT #5529. Nancy Steelman, Architect.' Request (or an Interpretation of Sections 100-242A and 100-244, reversing the Building Inspector's April 9, 2004 Notice of Disapproval, and/or in the Alternative a Variance concerning proposed additions to the existing dwelling with total side yards at less than an 35 feet, : d a single side yard at less than the code required 20 feet. Location: 370 Dogwood'.,Lane, East Marion; CTM 38-5-3. (Please see transcript of written statements prepared''..under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Tortora, seconded by Chairwoman Oliva, to recess the hearing to 12:45 p.m. today for Permit Examiner appearance. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. aK RESOLUTION ADOPTED: Motion was offered by Member Tortora, seconded by Chairwori an Oliva to take a 5-minute recess. Vote of the Board: All. The Resolution i; i Page 4 -Minutes 's Meeting held May 2012004 Southold Town Board of Appeals was duly`adopted (4-0). Member Goehringer was absent. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Tortora, to reconvene the hearing. Vote of the Board: All. The Resolution was duty adopted (4-0). Member Goehringer was absent. PUBLIC HEARINGS (continued): The following public hearings were held. Please see verbatim transcript of public hearings for details of statements offered during the hearings: 11:33 AM'` MARIO RIVELLI #5532. Request for a Variance under Section 100-242A and 100-244;,based on the Building Department's April 8, 2004 Notice of Disapproval concerning an as-built addition (foundation under construction, BP #30138Z), a portion of which, is less than 10 feet from the side property line, at 1435 Hobart Road, Southold;'CTM 64-2-11. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Tortora, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 11:38 AM, DAVID C. and MARIA W. PATTERSON #5530. S. Ham, Esq. Request for a Variance junder Section 100-33C, based on the Building Department's March 9, 2004 Notice ofii Disapproval, concerning the proposed side yard location of a new non- habitable=accessory building (playhouse/garage), after removing the existing accessory garage, a `Central Avenue, Fishers Island; CTM 674-4. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony,, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, to adjourn until 12:50 PM for Building Inspector appearance. Vote of the Board: All. The Resolutio'ti was duly adopted (4-0). Member Goehringer was absent. 11:50 AM LAUREL LINKS COUNTRY CLUB #5528. Request for a Variance under , Section ;1,00-231, based on the Building Department's March 31;:: 2004 Notice' of Disapproval, concerning a tennis court with fencing which will exceed the code height limitatioO('of six feet when located in a front yard.of a nonresidential zone, at 4715 Great Peconic Bay Boulevard, Laurel; CTM 125-4-24.23. (Please see transcript of written statement`s prepared under separate cover.) BOARD RESOLUTION: After receiving testimony'; motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the`hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 12:45 PM'RESOLUTION ADOPTED: Motion was offered by Member Tortora, seconded by Chairwoman Oliva to take a short recess. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. ,ter 12:51 PMIRESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Tortora, to reconvene the hearing. Vote of the Board: All. The Resolution was dut "ado ted 4-0 . Member Goehringer was absent. Y,�. P ( ) g PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and axtpreciated. All testimony shall be limited to zoning issues properly before the Board. 12:52 PM:STEVE VESEY and CHERYL SCHLITT #5529. ADJOURNED FROM 11:20 AM. Nancy Steelman, Architect; M. Verity and Damon Rallis, Building Inspector. i% Page 5 -Minutes Meeting held May 20]2004 Southold Town Board of Appeals Request fbr an Interpretation of Sections 100-242A and 100-244, reversing the Building Inspector''§ April 9, 2004 Notice of Disapproval, and/or in the Alternative a Variance concerning proposed additions to the existing dwelling with total side yards at less than 35 feet, and a single side yard at less than the code required 20 feet. Location: 370 Dogwood'!"Lane, East Marion; CTM 38-5-3. (Please see transcript of written statements prepared?'rider separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 1:28 PM DAVID C. and MARIA W. PATTERSON #5530. ADJOURNED FROM 11:38 AM. S. Ham, Esq. Request for a Variance under Section 100-33C, based on the Building Department's March 9, 2004 Notice of Disapproval, concerning the proposed side yard location bf a new non-habitable accessory building (playhouse/garage), after removing the existing accessory garage, at Central Avenue, Fishers Island; CTM 6-4-4. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, secondedl:,by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer•was absent. 1:38 PM 11"'BRIARCLIFF SOD. INC. #4985. Request for Variances under Section 100-32 (Bulk Sch.�dule) based on the Building Department's May 2, 2001 Notice of Disapproval, amended April 26, 2004 concerning two lots (out of three in this proposed division) with less than�80,000 sq. ft. of land area. Location: North Side of New Suffolk Avenue and the Soutl 'Side of Main Road, Peconic; CTM 85-3-12.1 and 12.2 and 97-10-1, consisting of a total`.^;area of 24.97 acres). (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving Cdecision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member dbehringer was absent. xi 1:48 PM 8REMER'S MARKET AND DELI d/b/a NORTH FORK MARKET & DELI #5531. John Congdon, PE. Request for a Variance under Sections 100-33B and 100-103A based on'the Building Department's April 15, 2004 Notice of Disapproval, amended April 20,'f004, concerning the location of a proposed business building with a front yard setback at less than 100 feet from the Main Road. Location of Property:, 11155 Main Road, Mattituck; CTM 142-2-22. (Please see transcript of written statements prepared .',under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to adjourn to June 22, ,2004. Vote of the Board: All. The Resolution was duly adopted (4-0).G Member oehringer was absent. 2:09 PM bEBRA VICTOROFF #5334. BOARD RESOLUTION: Motion was offered by Chairwoman Oliva, seconded by Member Orlando, to adjourn to June 22, 2004. Vote of the Board'. All. The Resolution was duly adopted (4-0). Member,Goehringer was absent. i A 2:11 PM ;MATT-A-MAR MARINA. LLC. #5494. P. Moore, Esq. Request for a Variance under Section 100-239.413, based on the Building Department's December 18, 2003 Notice of Disapproval. Applicant proposes an addition to the existing storage building which will';be less than 75 feet from the closest measurements to the bulkhead, at 2255 Wickham Avenue, Mattituck; CTM 114-3-1. (Please see transcript of written statements prepared `under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the tt, J ' r t Page 6 -Minutes Meeting held May 20,�:2004 Southold Town Board of Appeals is hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. S. Axelrod- #5502 - BOARD RESOLUTION: from 4/22 PH; After opening the hearing for comments; motion was offered by Chairwoman Oliva, seconded by Member Orlando, to extend su-bmission deadline to 6/17 and adjourn to Tuesday, June 22na 9:35 AM, per 5/14 attorney letter; Deborah Doty, Esq. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer was absent. 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: DENIED �i OSPREY DOMINION/LIPA/KEYSPAN #5450SE OSPREY P..OMINION/LIPA/KEYSPAN #5432 i'i .A DENIED,=GRANT ALTERNATIVE RELIEF WITH CONDITIONS Stanley NX"�lon #5383 A OTHER RESOLU''IONS/UPDATED REVIEWS OTHER: !4 A. The Chairwoman confirmed the scheduled Special Meeting to be held 6:00 PM on 6/3/0;4. B. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Orlando and duly carried to authorize advertising of hearings for Regular Meeting to be held Tuesday June 22, 2004 commencing at 9:30 A.M., and to advertise hearing for Schultheis #5296 for July 15, 2004, 2:35-2:40 p.m., TowniMeeting Hall, Main Road, Southold. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was absent. EXECUTIVE SESSION Motion w s offered by Chairwoman Oliva, seconded by Member Orlando to enter into Executive:?Session to discuss adding Schulhteis to July 22, 2004 Public'_Hearings and Zupa (ne*,owner w/corrections of J. Miller.) Vote of the Board: Ayes: All. This Resolutioriwas duly adopted (4-0). Member Goehringer was absent rT' h Brief reviews of pFnding files and general discussions by Board Members followed. „i i_ ;t t.i } Page 7 -Minutes Meeting held May 20.,'.2004 Southold Town Board of Appeals There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 2:45 p.m. Respectfully submitted, inda Kowalski Included by eference: isions ) RECEIVE G ar . Goehringer oved for Filing DEC $ 2009 .. �Q._T 0 Southold Town Clem �r is a. -f a �t'