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Home My WebLink AboutZBA-10/07/2004 Special ( r . 1 . c APPEALS BOARD MEMBERS p�► OG 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 T' p! Tel. (631) 765-1809 James Dinizio,Jr. Olt �a ( z65-9064 http://southoldtown.northfork.net YV BOARD OF APPEALS OCT 15 TOWN OF SOUTHOLD M I N U T E S Southold Town Clerk SPECIAL MEETING THURSDAY, OCTOBER 7, 2004 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall Annex/NFB Building, corner of Youngs Avenue and Main Road, Southold, New York 11971-0959, on Thursday, October 7, 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, ZBA Secretary 6:10 p.m. Chairwoman Oliva called the meeting to order. AGENDA ITEM I: The Board proceeded with Agenda items, as follows: I. STATE ENVIRONMENTAL QUALITY REVIEWS: (new reviews pending; none declared at this time). II. DELIBERATIONS/DECISIONS: The Board deliberated, and moved with the following Resolution: Motion was offered by Member Orlando, seconded by Member Dinizio to approve the following application: MICHAEL PISACANO #5588. Appeal of September 14, 2004 Notice of Disapproval, requesting an area variance under Article III, Section 100-32, Bulk Schedule, concerning a parcel of land containing less than the 80,000 sq. ft. code requirement. Location: 457 Cox Neck Road, Mattituck; 113-7-19.11. Vote of the Board: Ayes: Orlando and Dinizio. Nays: Members Goehringer, Tortora, and Oliva. THIS RESOLUTION FAILED AND WAS NOT ADOPTED (2-3). The Board continued deliberations, as follows. The originals of each of the following Page 2 —Minutes Special Meeting-October 7,2004 Southold Town Board of Appeals applications were decided, with the original determinations filed with the Southold Town Clerk: DENIALS: MICHAEL PISACANO #5588. Appeal of September 14, 2004 Notice of Disapproval, requesting an area variance under Article III, Section 100-32, Bulk Schedule, concerning a parcel of land containing less than the 80,000 sq. ft. code requirement. Location: 457 Cox Neck Road, Mattituck; 113-7-19.11. CAROL WITSCHIEBEIN and JANET LARSEN#5569. Request for Variances under Sections 100-242A and 100-244, based on the Building Department's June 30, 2004 Notice of Disapproval, for the reason that the new additions will be less than 15 feet on a single side yard, at 1000 Sound Beach Drive, Mattituck; CTM 99-1-5. II. DELIBERATIONS/DECISIONS. continued: (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:) APPROVED AS APPLIED: JAMES N. GEMMILL #5572. Request for a Variance under Sections 100-242A and 100-244, based on the Building Inspector's May 7, 2004 Notice of Disapproval, amended May 24, 2004, concerning a proposed addition to the existing dwelling which will constitute an increase in the degree of nonconformance, with a front yard setback at less than the code required 40 feet. Location: 2025 Smith Road, Peconic; CTM 98-4-19.2. HENRY and ALISON McCANCE #5584. Request for a Variance under Sections 100- 242A and 100-244, based on the Building Inspector's June 14, 2004 Notice of Disapproval, for a proposed addition to the existing dwelling, which will constitute an increase in the degree of nonconformance, and be located less than 75 feet from the rear lot line. Location: Fox Avenue and Cottage Place, Fishers Island; CTM 6-5-5.2. ELLEN McNEILLY#5587. Request for a Variance under Section 100-244, based on the Building Inspector's July 29, 2004 Notice of Disapproval, concerned proposed additions/extensions and alterations to the existing dwelling with a single side yard at less than the code required minimum 10 feet. Location: 70 Vincent Street, Orient; CTM 26-1-5. GERARD SCHULTHEIS #5296. (Carryover from 7/15/04 PH for submissions by applicant; 7/29 applicant submitted maps with cesspool location and additional sets of s ` Page 3 —Minutes Special Meeting-October 7,2004 Southold Town Board of Appeals exhibits). Request for a Variance under Sections 100-242A and 100-244 Building Department's January 2, 2003 Notice of Disapproval, amended April 16, 2003, citing Sections 100-242A and 100-244, in its denial of a building permit to construct an additions and alterations to the existing dwelling. The reasons stated in its denial are that the code requires a rear yard setback of 35 feet, and that a new nonconformance or increased degree of nonconformance with regard to the regulations pertaining to such building is not permitted. Location: 1640 First Street, New Suffolk; CTM 117-5-6.3 APPOVED WITH CONDITION. DIANE ALEC SMITH #5585. Request for a Variance under Section 100-32, based on the Building Department's July 29, 2004 Notice of Disapproval concerning a proposed lot line change, resulting in a reduced lot area for Lot 2 at less than 80,000 sq. ft. and less than 175 feet in lot width. Location: 22445 Main Road, Cutchogue; CTM 109-1-7. II. DELIBERATIONS/DECISIONS. continued: (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:) DENIALS, WITH GRANT OF ALTERNATIVE RELIEF WITH CONDITIONS: EUGENE AND GEORGENE BOZZO #5567. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's April 8, 2004 Notice of Disapproval, amended July 19, 2004, concerning proposed first and second story deck additions: (a) with relief from the lot coverage limitation of 24% restricted under Appeal No. 3553; (b) with relief from the code requirement for a single side yard at less than 10 feet on a single side yard, and less than 25 feet total for both side yards. Location: 4135 Camp Mineola Road, Mattituck; CTM 123-5-27. EVAN AKSELRAD #5590. Request for a Variance under Section 100-239.4B, based on the Building Inspector's April 12, 2004 Notice of Disapproval, amended August 2, 2004, concerning a new single-family dwelling proposed with a setback at less than 75 feet from the bulkhead, at 1355 Shore Drive, Greenport; CTM 47-2-27. R. TAPP and N. ELLIS #5555. Request for a Variance under Section 100-31A, 100- 239.413, and 241A & C, for a new dwelling with increased size and as a second dwelling, a non-permitted use, after removal of the existing nonconforming cottage on this 20,925 sq. ft. lot, and with setbacks less than 75 feet from the bulkhead. Location: 275 West Road, Cutchogue; CTM 110-7-11.1. (End of decisions). Page 4 —Minutes Special Meeting-October 7,2004 Southold Town Board of Appeals III. PUBLIC HEARING: (None held) IV. OTHER (RESOLUTION/UPDATED REVIEWS): A. RESOLUTION ADOPTED: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to authorize advertising of new applications for public hearings to be held on Thursday, November 18, 2004. Ayes: All. B. (No new business was added.) V. EXECUTIVE SESSION (none). 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, Linda Kowalski 10/13/04 Included by Reference:Filed ZBA Decisions (10) —ge=�� 6. 1 Ruth D. Oliva, Chairwoman -Approved for Filing