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Home My WebLink AboutZBA-11/09/2006 Special APPEALS BOARD MEMBERS �OF SO MailinE Address: T, Ruth D.Oliva,Chairwoman �oy� Q� Southold Town Hall 53095 Main Road•P.O.Box 1179 Gerard P.Goehringer Southold,NY 11971-0959 James Dinizio,Jr. G Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �'YCDU � 54375 Main Road(at Youngs Avenue) Southold,NY 11971 hup:Hsoutholdtown.northfork.net ZONING BOARD OF APPEALS RECEIVED 4 TOWN OF SOUTHOLD Tell.(631)765-1809•Fax(631)765-9064 JQ N 17�2006 M I N U T E S uilho[d Mown Cler�C SPECIAL MEETING THURSDAY, NOVEMBER 9, 2006 A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held in the Executive Board Room, Second Floor, Southold Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971-0959,on Thursday, November 9,2006 commencing at 6:00 p.m. Present were: Ruth D. Oliva,Chairwoman, Member Gerard P.Goehringer, Member James Dinizio,Jr., Member Michael A. Simon, Member Leslie Kanes Weisman, Member Linda Kowalski,ZBA Assistant and Secretary 6:10 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 5963—Joseph Polashock ZBA File 5956—Monte&Carolyn Redman ZBA File 5965—Debra LaChance ZBA File 5964—John&Linda Volpe ZBA File 5969—Joseph & Barbara Isabella Approvals as Applled: ZBA File 5958—Jeremy&Lauren Hamilton ZBA File 5966—F. Marc&Ellen Wiederlight ZBA File 5962—Joseph &Joan Fudjinski ZBA File 5967—Robert P. Fisher Jr. individually&as attorney-in-fact for Kimogenor Point Co. ZBA File 5968—Margaret&Howard Meinke ZBA File 5934—Nicholas& Harriet Zannikos ZBA File 5971 —Charles& Lisa Drake,Jr. Page 2 —Minutes Meeting held November 9,2006 Southold Town Zoning Board of Appeals Alternative Relief with Conditions: ZBA File 5884—John Diller Denied with Alternative Relief.- ZBA File 5959—Walter& Kristin Preston Denied ZBA File 5926—House of Daige ZBA File 5921 —Andrew Anselmo &Vera Anselmo RESOLUTIONS/OTHER ACTION: A. Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to authorize advertising of applications in complete form for public hearings to be held on Thursday, November 30, 2006, Regular Meetinq commencing at 9:30 AM. 9:35 A.M. FRANK MELE III #5976. Request for a Variance under Section 280-15, based on the Building Inspector's September 6,2006 Notice of Disapproval concerning a proposed accessory swimming pool in a yard other than the code- required rear yard,at 305 Gardiners Lane,Southold;CTM 70-8-28. 9:40 A.M. JOHN and ANGELA REINERTSEN#5973. Request for Variances under Sections 280-15 and 280-18 (100- 30A.3 and 100-33 based on the Building Inspector's August 4, 2006 Notice of Disapproval concerning a proposed new dwelling,accessory swimming pool,and accessory(cabana)building. The dwelling will be less than 50 feet from the front lot line and rear lot line,and the swimming pool and accessory building will be in a side yard rather than the code-required rear yard. Location of Property: 590 Arrowhead Lane,Peconic;CTM 98-2-4.1. 9:45 A.M. BERIT LALLI #5978. Request for a Variance under Section 280-124 (100-244 based on the Building Inspector's May 15, 2006 Notice of Disapproval)concerning a proposed addition to the existing dwelling at less than the code-required 35 feet from the front lot line,at 1405 Narrow River Road,Orient;CTM 27-3-6.3. 9:50 A.M. MARK MELNICK#5977. Request for Variances under Sections 280-124 and 280-116(100-239.4B,based on the Building Inspector's August 25,2006 Notice of Disapproval, amended November 9,2006 concerning an addition and alterations for a second-story over the existing first floor of the existing dwelling and addition at less than the code- required 35 ft.front yard,at 405 Private Road#3,Southold;CTM 70-6-15. 9:55 A.M. MICHAEL FLYNN #5975. Request for a Variance under Section 280-124 (100-244 based on the Building Inspector's May 24,2006 Notice of Disapproval)concerning a proposed addition to the existing dwelling at less than the code-required 15 feet,at 7800 Soundview Avenue,Southold;CTM 59-9-32. 10:00 A.M. HENRY OMAN and CHRISTINA J. OMAN #5970. Request for Variances under Section 280-14 (100-32), based on the Building Inspector's July 25, 2006 Notice of Disapproval concerning proposed Lots 1 and 2 with less than the code required 80,000 square feet, less than 175 ft.of frontage/lot width along Bridge Lane, and with a proposed side yard setback at less than the code-required 20 feet from the division line. The applicant's parcel as exists contains 1.637 acres and is located in the R-80 Residential Zone District. Location of Property: 1380 Bridge Lane,Cutchogue;CTM 85- 2-5. 10:15 A.M. SERGE AND SUSAN ROZENBAUM; M. NIAMONITAKIS and E. NIAMONITAKIS #5691. Request for Variances under Sections 280-4 and 280-14(Sections 100-13 and 100-32), based on the applicant's request to construct and operate a farm stand with design as a building for sales of farm produce and which is deemed as not meeting the definition of a farm stand, based on the Building Inspector's amended November 3, 2006 Notice of Disapproval. The reasons stated in the Notice of Disapproval are: "the proposed construction on an 18.75 acre farm parcel with three front yards in the AC Zone, is not permitted pursuant to Section 100-32 (renumbered 280-14), which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R80 ... Districts unless the same conforms to the Bulk and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein in full. According to the bulk schedule, the proposed construction requires a front yard setback of 60 feet,and is not permitted pursuant to Section 100-13,which defines a farm stand as: 'any structure open to the weather on at least one side, used for the sole purpose of retail sale of produce grown by the owner of the stand on the farm acreage within the Town of Southold,,and such structure may be one-story or less, roofed or have partial walls and flooring but may not be completely enclosed except when the business is closed. A farm stand may not be insulated Page 3 —Minutes Meeting held November 9,2006 Southold Town Zoning Board of Appeals RESOLUTION,continued. or mechanically heated or cooled by permanent equipment. A truck bed or trailer on wheels, with areas in excess of 20 square feet displaying produce, shall be considered a farm stand." Location of Property: 7540 Main Road (and Cedar Lane),East Marion;CTM 31-6-28.5 and 28.6. 10:25 A.M. FITF, LLC#5617. Request for Variances under Section 280-18(Bulk Schedule)for a lot proposed with less than 40,000 square feet of land area in the R-40 Low-Density Residential Zone District(formerly M-II), and a lot under contract of sale with the Town of Southold,proposed with an area of less than 80,000 square feet in the R-80 Residential Zone,located along the west side of Reservoir Road,Fishers Island;Suffolk County CTM Parcel 1000-9-8-2. 10:35 A.M. ZAHARIA PAPAZAHARIOU&OTHERS#5974. Request for a Variance under Section 280-15, based on the Building Inspector's August 24,2006 Notice of Disapproval concerning an accessory swimming pool proposed in a yard other than the code-required rear yard,at 2905 Private Road#1,East Marion;CTM 22-3-8.1. 10:40 A.M. ROBERT SEELEY#5912. Request for a Variance under Section 280-116(100-239.4A based on the Building Inspector's April 12,2006 Notice of Disapproval concerning a proposed accessory swimming pool structure proposed at less than 100 feet from the top of the bluff adjacent to the Long Island Sound,at 1250 Sound Drive,Greenport;Rockcove Estates Lot 4;CTM 33-3-19.4. 10:50 A.M. MICHAEL and ROBIN DREWS#5929. Request for Variances under Sections 280-116 and 280-124 (100- 239.413 and 100-244 based on the Building Inspector's May 31, 2006 Notice of Disapproval)concerning a proposed new single-family dwelling,after demolition of the existing building,with setbacks proposed at less than 75 feet to the bulkhead and less than the code-required 15 feet on a single side yard at 7425 Nassau Point Road,Cutchogue;CTM 118-4-2. 11:00 A.M. ROY C.and ROBERT SCHOENHAAR#5764. Request for a Variance under Section 280-18(formerly 100- 30A.3)bulk schedule, based on the Building Inspector's May 17, 2005 Notice of Disapproval, amended October 4, 2006 for a lot which contains less than 40,000 square feet and less than 175 feet of lot width in the R-40 Residential Zone District, and a proposed building in the B-General Business Zone District with a front yard setback at less than 100 feet from a right-of-way. Location of Property: 10300 Main Road,Mattituck;CTM 143-3-33.2,containing 2.586 acres. 11:15 A.M. EDWARD FERGUS#5941. Request for a Variance under Section 280-18(100-30A.3 based on the Building Inspector's May 31,2006 Notice of Disapproval)concerning a proposed single-family dwelling with a setback at less than the code-required 50 feet from the rear lot line at its closest point, at 1854 North Bayview Road, Southold; CTM 70-12- 39.3. 11:30 A.M. JAY W. GUILD #5866 (Rehearing) - Request for a Variance under Section 280-18, formerly 100-31A-2c, based on the Building Inspector's August 30, 2005 Notice of Disapproval, amended March 1, 2006 concerning commercial agricultural greenhouses proposed in a location at less than 75 feet from the rear lot line,less than 20 feet on a single side yard, and exceeding the code limitation of 20 percent lot coverage on this 6-acre parcel, at 34695 C.R.48 (a/k/a Middle Road or North Road),Peconic;CTM 68-4-19. 11:45 A.M. EAST MARION FIRE DISTRICT #5072. Request for a Variance under Section 280-69 (100-162A3, A5) based on the Building Inspector's July 25, 2006 Notice of Disapproval for construction of a proposed wireless communication/telecommunications tower on property owned, leased or otherwise controlled by a special district approved by the commissioners of the special district. The proposed tower will exceed the code limitation—with a height greater than 10 feet above the average height of buildings within 300 feet of the facility,OR if there are no buildings within 300 feet, these facilities shall not project higher than 10 feet above the average tree canopy height in that radius measured from ground level. If there are no buildings within 300 feet of the proposed facility site, all telecommunication towers shall be surrounded by dense tree growth to screen views of the facility in all directions. Location of Property: 9245 Main Road,East Marion;CTM 31-3-11.31 containing 3.05 acres. B. Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to authorize advertisinq of applications in complete form for public hearings to be held on Thursday December 28, 2006, commencing at 9:30 AM. 9:35 A.M. JOAN D. and HAROLD J. KIEFER #5960. Request for a Variance under Section 280-116, based on the Building Inspector's July 14, 2006 Notice of Disapproval concerning a proposed deck addition at less than the code- required 100 ft. minimum from top of bluff adjacent to the Long Island Sound, at 1115 Terry Lane, Orient; CTM Parcel 1000-14-3-3. 9:40 A.M. KEVIN and LESLEY MILOWSKI#5987. Request for a Variance under Section 280-14,based on the Building Inspector's September 15, 2006 Notice of Disapproval concerning a proposed addition to the existing single family dwelling at less than the code-required minimum 60 feet from the front yard lot line, at 1371 Cox Neck Road, Mattituck; CTM 113-7-19.8. Page 4 —Minutes Meeting held November 9,2006 Southold Town Zoning Board of Appeals RESOLUTION,continued: 9:46 A.M. LEE AND MARIE BENINATI #5946. Request for a Variance under Section 280-124, based on the Building Inspector's June 30,2006 Notice of Disapproval concerning a proposed addition and alterations to the existing single- family dwelling within 15 feet of the southerly side yard,at 855 Oakwood Drive,Southold;CTM Parcel#90-4-17. 9:50 A.M. ALBERT AND BARBARA REIBLING #5988. Request for Variances under Sections 280-122 and 280-124, based on the Building Inspector's November 14, 2006 Notice of Disapproval concerning a proposed new dwelling, after recent demolition, for the reason that the new construction was not written under Building Permit No. 32123-Z or under Variance granted under ZBA#5775 concerning additions to the existing dwelling. The new construction will constitute an increase in the degree of nonconformance located at less than 35 feet from the rear property line and less than 75 feet to the bulkhead,at 75 Island View Drive,Greenport;CTM Parcel 1000-57-2-32. 10:05 A.M. MAGGI-MEG REED and MICHAEL SCHUBERT#5980. Request for a Variance under Sections 280-15 and 280-124, based on the Building Inspector's August 15, 2006 Notice of Disapproval concerning shed construction located at less than the 35 ft. minimum front yard setback allowed under Building Permit No. 31292-Z dated July 19, 2005 and ZBA#5708 issued June 9,2005. Location of Property: 935 Private Rd#3,East Marion;CTM Parcel 1000-21-1-2. 10:15 A.M. MARYANN MEARS, et al. #5984. Request for a Variance under Section 280-14, based on the Building Inspector's August 11, 2006 Notice of Disapproval concerning a proposed deck addition at less than the code required minimum of 10 feet on a single side yard and 15 ft.minimum on the remaining side yard,at 1050 Dean Drive,Cutchogue; CTM Parcel 1000-116-5-12. 10:25 A.M. KATHLEEN BOWER#5981. Request for a Variance under Section 280-15,based on the Building Inspector's September 19,2006 Notice of Disapproval concerning an as-built accessory shed located in a yard other than the code- required rear yard,at 12710 Soundview Avenue and corner of Horton's Lane,Southold;CTM Parcel 1000-54-7-1.3. 10:35 A.M.NO FO PROPERTIES LLC,MARK GORDON,ELLIE GORDON#5983. Request for a Variance under Section 280-116,based on an application for a building permit and the Building Inspector's August 21,2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling at less than 100 feet from the top of the bluff adjacent to the Long Island Sound,at 1150 Northview Drive,Orient;CTM 1000-13-1-1. 10:40 A.M. MICHAEL LIEGEY#5979. Request for a Variance under Section 280-15, based on the Building Inspector's February 15, 2006 Notice of Disapproval, amended October 18, 2006 concerning a proposed accessory garage in an area other than the code-required rear yard,at 105 Town Creek Lane,Southold;Parcel 1000-64.-1-9.1. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). RESOLUTIONS/OTHER ACTION, continued: C. The following Resolution was adopted with unanimous support of the Board Members. Motion was offered by Member Goehringer, seconded by Member Weisman: RESOLVED, that the Zoning Board of Appeals recommends the reappointment of Ruth D. Oliva: (a) for a new term as Member of the Zoning Board of Appeals, and (b) for reappointment as Chairwoman, and BE IT FURTHER RESOLVED, that a copy of this Resolution shall be forward to the Southold Town Board and the Southold Town Clerk. Vote of the Board: Ayes: Members Goehringer, Dinizio, Simon, Weisman, Oliva [also accepting with appreciation for the full support of the Board. This Resolution was duly adopted (5-0)]. D. RESOLUTION: Motion was offered by Chairwoman Oliva, seconded by Member Weisman: Page 5 —Minutes Meeting held November 9,2006 Southold Town Zoning Board of Appeals BE IT RESOLVED, that Jay W. GUILD, the applicant under Appeal No. 6866 be requested to furnish seven (7) prints of an accurate site plan prepared by a surveyor showing all data relative to the applicant's new construction: including but not limited to all setbacks to property lines and lot coverage calculations (calculations of both the existing and proposed). Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was adopted by unanimous vote of the Board. Brief reviews of pending files and general discussions by Board Members followed; no action taken. There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:40 p.m. Respectfully submitted, Linda Kowalski Included by Reference:Filed ZBA Decisions(16) RECEIVED��-�' Ruth D. Oliva, Chairwoman 12/29/06 Approved for Filing JAI S uthoid 76wn Clerk