HomeMy WebLinkAboutZBA-02/03/2005 Special APPEALS BOARD MEMBERS so Southold Town Hall
Ruth D. Oliva,Chairwoman 53095 Main Road•P.O. Box 1179
Gerard P.Goehringert Southold,NY 11971-0959
Vincent Orlando cn ac Office Location:
James Dinizio,Jr. • A�O Town Annex/First Floor,North Fork Bank
Michael A. Simon O1�C011 a 54375 Main Road(at Youngs Avenue)
' Southold,NY 11971
http://southoldtown.northfork.net
BOARD OF APPEALS RECEIVED
TOWN OF SOUTHOLD "Uvj"' I (:J
Tel. (631)765-1809•Fax(631)765-9064 FEB 12 2007
(4?n.
M I N U T E S Southold TownClerb
SPECIAL MEETING
THURSDAY, FEBRUARY 3, 2005
A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the
Southold Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971-0959, on Thursday
February 3, 2005 commencing at 6:00 p.m.
Present were:
Ruth D. Oliva, Chairwoman/Member
Vincent Orlando/Member(arr.6:09 p.m.)
James Dinizio, Jr./Member
Michael A. Simon/Member
Kieran Corcoran, Assistant Town Attorney
Linda Kowalski,ZBA Admin. Secretary
Absent was:
Gerard P. Goehringer/Member
6:08 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 5642—Douglas and Karin Constant
ZBA File 5640—Barry and Kate Grayson
ZBA File 5644—Mark and Ellie Gordon
Aporoved as Applied:
ZBA File 5637—Constance Beebe
ZBA File 5649—James Leydon
ZBA File 5647—Eugene and Agnes Koehler
ZBA File 5639—Alan and Teresa Sucher
ZBA File 5626—CD Reiters/Old Barge Restaurant
ZBA File 5648—Peter Cosola
Page 2 —Minutes
Meeting held February 3,2006
Southold Town Board of Appeals
i -
Other:
ZBA File 5652 — Jon and Kathleen Marino. Motion was offered by Member Dinizio, seconded by
Chairwoman Oliiva, to grant the application as applied for. Vote: Ayes: Chairwoman Oliva and Member
Dinzio; Nays: Member Orlando and Member Simon. This action was NOT adopted (2-2-0) and held
over to the next meeting when a full Board was present.
RESOLUTIONS/OTHER ACTION:
A. Motion was offered by Chairwoman Oliva, seconded by Member Simon and duly carried, to authorize
advertising of applications in complete form for public hearings to be held on Thursday March 3 2005
Regular Meeting commencing at 9:30 AM.
9:30 AM T.and M.KOSTOULAS#5646. (Carryover from 1/20 PH;Lot coverage and access data submitted by letter
1/25).Side yard variances for proposed additions at 1035 Aquaview Avenue,East Marion;CTM 21-2-13.
9:35 AM DOROTHY W.FAUCON#5659. This is an Appeal requesting Reversal of the Building Department's December
20,2004 Notice of Disapproval,concerning a request for a Preexisting Use Certificate of Occupancy for a two-family
dwelling use. The reasons stated in its denial is Section 100-31 B and the code requirement for a Special Exception for a
two-family dwelling,and Pre-CO Inspection Report dated November 10,2004,indicating the existing dwelling is listed as
a single-family dwelling. Location of Property: 46925 Main Road,Southold;CTM 69-5-16.
9:40 AM MICHAEL and KAREN CATAPANO#5656(Mr.and Mrs.V.Pust,Owners). This is an Appeal requesting
Variance(s)and/or Interpretation,based on the Building Department's December 29,2004 amended Notice of
Disapproval which states that a goat farm is not permitted in the AC Zone District. The reasons stated in the Building
Inspector's disapproval is that Section 100-31A(2)(8)requires at least 10 acres for the keeping,raising and training of
horses,domestic animals and fowl under In addition,the construction of a farm stand was disapproved under Section 47-
3B for the reason that at least five(5)tillable acres must be owned or leased by the farm stand owner,or alternatively,the
farm stand may be located on a two acre lot if the farm stand owner can establish ownership or lease of at least five
tillable acres in the Town of Southold. Applicants request an Interpretation referring to Section 100-221 E as to whether
the keeping of goats applies to the 10-acre requirement of Section 100-31A(2)(B);applicants propose to reside at the
property and to establish a goat farm with cheese processing/milking room in a new building with storage,keeping,
breeding/raising of goats,and to construct a farm stand,at 33705 C.R.48,Peconic;CTM 74-2-12,containing 4.998
acres.
9:45 AM WHITNEY B.ARMSTRONG#5661. Request for a Variance under Section 100-239.4A.1,based on the Building
Department's December 21,2004 Notice of Disapproval concerning a new dwelling(as modified),at less than 100 feet
from the top of the bluff or bank of the Fishers Island Sound. Location of Property:Clay Point Road,Fishers Island;CTM
2-1-11.3.
0:50 AM GREGORY WALLACE and LINDA WALTERS#5665. Request for a Variance under Sections 100-242A and
100-244,based on the Building Department's December 7,2004 Notice of Disapproval concerning a proposed second-
story addition which will constitute an increase in the degree of nonconformance with a setback at less than 35 feet from
the front property line,at 62 Washington Ave,Greenport;CTM 41-1-35.
Page 3 —Minutes
Meeting held February 3,2005
Southold Town Board of Appeals
PUBLIC HEARINGS, continued - Please note: written testimony in lieu of extensive oral testimony is
requested and appreciated and is entirely entered into the official record. All testimony shall be limited to
zoning issues properly before the Board.
9:55 AM PETER WARNS#5658. Request for Variances under Sections 100-242A, 100-239.413 and 100-244,based on
the Building Department's September 20,2004 Notice of Disapproval concerning proposed additions with an increase in
the degree of nonconformance at less than 15 ft.min.side and less than 75 ft.to bulkhead,at 8740 Peconic Bay
Boulevard,Laurel;CTM 126-5-2.1.
10:00 AM DAWN RYAN and STEVEN KRAMER#5664.Request for Variances under Sections 100-33, 100-242A,and
100-244B,based on the Building Department's November 23,2004 Notice of Disapproval,amended December 29,2004,
concerning proposed addition with alterations to an existing accessory garage which will increase the degree of
nonconformance,with setbacks at less than five(5)feet from the side lot line and less than 40 feet from the front lot line,
at 165 Bungalow Lane,Mattituck;CTM 123-3-4.1.
10:05 AM ALFRED and GLORIA GIARDIELLO#5660. Request for a Variance under Section 100-244 based on the
Building Department's November 3,2004 Notice of Disapproval concerning a proposed new dwelling,after demolishing
the existing dwelling,with less than 35 feet from the front lot line and lot coverage exceeding the code limitation of 20%,
on this 7,160 sq.ft.lot,at 165 Walnut Place,Mattituck;CTM 142-1-14.
10:10 AM EDWARD F.JENSEN#5657. Request for a Variance under Section 100-244,based on the Building
Department's November 9,2004 Notice of Disapproval,concerning a proposed porch addition at less than 35 feet from
the front lot line,at 440 Sunset Way,Southold;CTM 91-1-8.
10:15 AM JKJ NORTH FORK REALTY,INC.#5662. Request for a Variance under Section 100-92,based on the
Building Department's November 29,2004 Notice of Disapproval,concerning a building permit application concerning
proposed second-story alterations. The reasons stated for disapproval are that the height alteration will increase the
degree of nonconformance with regard to a single side yard at less than 10 feet and total side yards at less than 25 feet.
Location of Property: 53740 Main Road,Southold;CTM 61-4-6. Zone:Hamlet Business.
10:20 AM RICHARD SCHETMAN#5667. Request for Variances under Sections 100-33 and 100-131A,based on the
Building Department's November 23,2004 Notice of Disapproval,concerning new construction that will contain additional
living space without being attached with the code-required heated space,constituting an accessory and a second
dwelling,and exceeding the 18 ft.height limitation as an accessory building in a front yard. Location: 38910 Main Road,
Orient;CTM 15-8-30.
10:30 AM BRUCE GARRITANO#5653. This is a request for a Special Exception under Article III,Section 100-30A.26
to establish a Bed and Breakfast use as an accessory use incidental to the owner's residence,with up to a maximum of
five(5)guest bedrooms for lodging and serving of breakfast to not more than ten(10)casual,transient roomers. Location
of Property: 8100 Main Road,East Marion;CTM 31-6-16.
10:35 AM JANICE and WILLIAM CLAUDIO(Linda Braider,Owner)#5655. (Resolution to open hearing and receive
testimony from applicant;Consider request by adj.landowner,P.Ahlers for additional time to appear,with adjournment to
3/31 1:15 PM.) Applicants are requesting Variances under Section 100-32,based on the Building Department's
December 8,2004 Notice
Please note: the next advertised hearing (D. Dash) was canceled by the applicant on 2/17. 11�15 AM DAVID and
add mfienslalteFatIGRS WhiGh Will IAGFease the degFee Of RGRGORfermaRGe when IeGated at less than 40 feet ftem the#GAt
pmpeFty line. Alse the new GenStFUGWR Will Greate a new non ne.n.fonmnwn.Ae %vheR leGated with GeFnb*Red side yaFd
setb....ks at less than 35 feet,at 595 North P rosh DF;ve, C th l.d.GTM 71 1 R
11:20 AM WILLIAM ARCHER#5654. Based on the Building Department's September 29,2004 Notice of Disapproval,
citing Sections 100-243A and 100-31A,variances are requested to construct a proposed second-story addition. The
reason stated in the disapproval is that there is more than one dwelling on this 5.9-acre lot(Kimogenor Point). Location:
50 Jackson Street,New Suffolk;CTM 116-6-24.1.
11:30 AM CDR MATTITUCK,INC.#5673. Request for a Reversal of the Building Department's January 6,2005 Notice
of Disapproval,concerning an as-built living area which has been deemed as a second dwelling unit,a non-permitted use
under Zoning Code Section 100-30A.2,at 185 Stanley Road,Mattituck;CTM 106-8-18. Zone: R-40 Residential.
11:55 AM FRANCIS A. KESTLER, DDS #5675. Request for a Variance under Section 100-72 based on the Building
Department's January 14, 2005 Notice of Disapproval, amended February 2005, concerning proposed alterations and
handicap platform addition which will be less than 50 feet from the front lot line,at 11535 Main Road (and Pacific Street),
Mattituck;CTM 142-2-16. Zone: Residential-Office.
Page 4 —Minutes
Meeting held February 3,2005
Southold Town Board of Appeals
a
12:00 PM CINGULAR WIRELESS PCS,LLC(Site Owner:A.Junge)#5671. Request for a Variance under Section 100-
165(C),based on the Building Department's December 15,2004 Notice of Disapproval concerning a proposed equipment
shelter building at less than 70 feet from the rear lot line,at 21855 C.R.48(Middle Road),Cutchogue;CTM 96-1-19.1.
Zone: Light Industrial.
12:15 PM CURTIS and SUSAN RAND#5586. Request for Variances under Sections 100-242A and 100-244, based on
the Building Department's May 14, 2003 Notice of Disapproval, amended October 13, 2004. The reasons stated in the
disapproval are that the proposed porch reconstruction and as-built rear deck addition will be less than 35 feet from the
rear and front lot lines. Location of Property: Greenwood Road, Fishers Island;CTM 12-1-13.3.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio and Simon. The
Resolution was duly adopted (5-0).
Brief reviews of pending files and general discussion by Board Members followed.
There being no other business properly coming before the Board at this time, Chairwoman Oliva declared
the meeting adjourned. The meeting adjourned at 8:30 pm.
Respectfully submitted,
�Lftnda'Kowalski
OC q_.
.
Included by Reference: Filed ZBA Decisions (9)
Ruth D. Oliva 2/ /2007
Approved for Filing