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Home My WebLink AboutZBA-03/09/2006 Special APP.F'ALS BOARD MEMBERS OF SOFT Mailing Address: Ruth D. Oliva, Chairwoman ti0�� yp1 Southold Town Hall 53095 Main Road-P.O. Box 1179 Gerard P. Goehringer � � Southold,NY 11971-0959 James Dinizio,Jr. N Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank d Leslie Kanes Weisman couffm� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net RECEIOicD p,P,&W ZONING BOARD OF APPEALS Q2;30 pa? TOWN OF SOUTHOLD louthruid MAR 1Tel. (631)765-1809-Fax(631)765-9064MINUTES SPECIAL MEETING fGvvn Clerk THURSDAY, MARCH 9, 2006 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971-0959, on Thursday, March 9, 2006 commencing at 6:00 p.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Linda Kowalski, ZBA Assistant and Secretary Absent was: James Dinizio, Jr./Member 6:00 p.m. Chairwoman Oliva called the meeting to order. The Board proceeded with the first item on the Agenda as follows: 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 with Conditions: ZBA File 5832—Robert and Donna Haase ZBA File 5841 —Paul Long ZBA File 5834—Carol Festa and Thomas Geppel, Jr. ZBA File 5827—Jonathan Zang ZBA File 5836—Shinn Vineyards, Inc. and Barbara Shinn ZBA File 5835—Anthony and Susan Napolitano Denials with Grant of Alternate Relief. ZBA File 5618—Timothy Steele ZBA File 5823—Charles and Lynn Hill ZBA File 5843—Edward and Ann O'Connell Approvals as Applied. ZBA File 5818—Jim and Karen Speyer ZBA File 5838—George and Mary Sioras ZBA File 5840—Angelo and Susan Renna • Page 2 —Minutes .,Meeting held'March 9,2006 Southold Town Board of Appeals ZBA File 5686—Anthony and Danielle Cacioppo ZBA File 5837—Terry McLaughlin Denial.- ZBA File 5828—Olvasid Realty LLC RESOLUTIONS/OTHER ACTION: A. Motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to authorize advertisinq of applications in complete form for public hearings to be held on Thursday March 30, 2006, commencing at 9:30 AM. 9:30 A.M. ERIC ROULEAU and JAMES CARDWELL#5852. Request for a Variance under Section 100- 30A.3, based on the Building Inspector's January 27, 2006 Notice of Disapproval, amended February 6, 2006, concerning an application for alterations to a non-habitable attic. The reason stated in denying the building permit application is the proposed construction converts the attic to a third story, instead of the allowable 2-1/2 story code limitation. Location of Property: 3105 Peconic Lane, Peconic; CTM 1000-74-4- 16.1. 9:35 A.M. JULIE ANNE HAERR #5845. Request for a Variance under Sections 100-242 and 100-244, based on the Building Inspector's January 10, 2006 Notice of Disapproval, concerning a request to build additions. The reasons stated for denying the application is that the new construction will increase the degree of nonconformance when located less than 40 feet from the front lot and less than 15 feet from the side lot line,at 305 Mill Creek Drive, Southold; CTM 135-3-28.2. 9:40 A.M. RICHARD and KATHERINE LOCKE #5856. Request for a Variance under Section 100-33, concerning a request to locate a swimming pool in a front yard instead of the code-required rear yard, at 1145 Hillcrest Drive,Orient; CTM 1000-13-2-8.9. 9:45 A.M. IRMA VOIGT #5844. Location of Property: 1025 and 1125 West Cove Road, Cutchogue. Request for a Lot Waiver under Code Section 100-26, based on the Building Department's March 8, 2006 Notice of Disapproval stating that County Tax Map Parcel Numbers 15 and 14, District 1000, Section 111, Block 3, pursuant to Section 100-25, because a nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership with the adjacent lot at any time after July 1, 1983 shall merge. An adjacent lot is one which abuts with the parcel for a common course of fifty(50)feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." 9:55 A.M. JOHN and MARION BRANDVOLD #5851. Request for Variances under Sections 100-242A, 100-244, and 100-239.413, based on the Building Inspector's January 30, 2006 Notice of Disapproval concerning an application to change the scope of work granted under ZBA#5516 relative to a proposed new single-family dwelling, after removal of the existing dwelling. The reasons stated denying the building permit application are that the new construction will be less than 75 feet from the existing wood bulkhead, less than 10 feet in a single side yard, less than 15 feet on the opposite side,and for a total side yard area at less than 25 feet. Location of Property: 1955 Bay Shore Road,Greenport;CTM 1000-53-4-10 10:05 A.M. ELENA KARACOSTAS#5850. Request for Variance under Sections 100-33C and 100-244B, based on applicant's request for an amended Building Permit and the Building Inspector's January 19, 2006 Notice of Disapproval concerning construction of a foundation for an accessory garage in a front yard at less than the code-required 40 feet from the front property line. Location of Property: 21275 Soundview Avenue, Southold; CTM 1000-135-1-2. 10:15 A.M. BIEL ASSOCIATES, LLC c/o GASTON CRIBLEZ#5855. Request for Variances under Sections 100-239.46 and 100-244, based on the Building Inspector's January 3, 2006 Notice of Disapproval concerning a proposed dwelling at less than 35 feet from the front yard lot line and less than 75 feet from the bulkhead,at 1315 Water's Edge Way, Southold; CTM 1000-88-5-68. Page 3 —Minutes Meeting held March 9,2006 -"Southold Town Board of Appeals 10:25 A.M. . JOHN MILAZZO #5859. Request for Variances under Sections 100-239.4B, 100-242A and 100-244, concerning proposed additions and alterations to the existing dwelling, which constitute an increase in the degree of nonconformance when located at less than 10 feet on a single side yard. In addition,the new construction will be less than 75 feet from the wood bulkhead. Location of Property: 1165 Island View Lane, Greenport;CTM 1000-57-2-20. 10:50 A.M. GERI ARMINE KLEIN #5853. Request, after withdrawing Appeal No. 5793, for a variance under Section 100-281,based on the Building Inspector's August 15,2005 Notice of Disapproval concerning a request for approval of fence structures that will exceed the code limitation of four feet when located in or along a front yard,at 160 Sound Avenue and Sound Road,Greenport;CTM 33-4-35.2. 1:00 P.M. ORIENT FIRE DISTRICT and CINGULAR/NEXTEL/VERIZON WIRELESS. Location of Property: Orient Fire House Parcel,23300 Main Road,Orient; CTM 18-5-13.8. #5863 ORIENT FIRE DISTRICT. Requests for Special Exception and Height Variance based on the Building Inspector's March 8, 2006 Notice of Disapproval, amended March 8, 2006, concerning the revised location of the telecommunications tower. (Please note approvals under ZBA #5408 dated 3/31/05 and Building Permit #31215-Z.) The reason stated by the Building Inspector for denying the new location is that Section 100-162A(3)states that a wireless communications facility is subject to site plan approval and must meet the following requirements:Wireless communication facilities on telecommunication towers shall require special exception approval pursuant to this article and shall not project higher than 10 feet above the average height of buildings within 300 feet of the facility. #5805 CINGULAR/NEXTEWERIZON WIRELESS #5805 (adjourned as requested by attorneys letter 2123 from March 2"d for OFD amended tower location). Request for Special Exception under Section 100-162A for public utility use(telecommunications antennas)on a new tower proposed to be constructed with an amended co-location on the new Orient Fire Department's telecommunications (flagpole) tower, as amended March 8, 2006, and with related accessory equipment shelter structure(s). 2:30 P.M. NICHOLAS ALIANO#5846 (Continued from March 2, 2006). Request for Variances: (1) under Section 100-239.4A(1),based on the Building Inspector's January 5,2006 Notice of Disapproval,concerning a building permit(#31581Z)issued in error,for a location set back less than the code required 100 feet from the top of the Long Island Sound bluff, and (2)based on the Building Inspector's January 13,2006 Notice of Disapproval,citing Section 100-244,for a reduced front yard setback for alternative relief with the applicant's suggested new dwelling size and location at less than the required 100 feet from the top of the bluff and less than the required 40 feet from the front yard lot line. Location of Property: 3705 Duck Pond Road, Cutchogue; CTM 83-1-12. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon and Weisman. This Resolution was duly adopted (4-0). RESOLUTIONS/OTHER ACTION, Continued B. Discussion and Resolution to consider request of Eleanor and Richard Coffey, requesting an extension of time beyond 12 months for their Special Exception B&B permit to 2008 (see Code ref. 100- 262C, 12 month code limitation). Building Permit needs to remain in effect till CO issued (or re-apply if Building Permit expires). C. Brief reviews of pending files and general discussions by Board Members followed. Page 4 —Minutes Meeting held March 9,2006 -'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 7:55 p.m. Respectfully submitted, G��G�2�c��DWLZ� Linda Kowalski Included by Reference:Filed ZBA Decisions(15) �L� ii RECEIVED Ruth D. Oliva, Chairwoman Approved for Filing Southold L n Clerk RECEIVr'.'D MAR 13 2006 Soui;huid Lvm Clerk t t