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Home My WebLink AboutZBA-11/18/2004 S 33 (3(9 - SUFFO(�- -APPEALS BOARD MEMBERS p�O COG Southold Town Hall Ruth D. Oliva, Chairwoman =� y1 53095 Main Road Gerard P. Goehringer y Z P.O. Box 1179 Lydia A.Tortora • Southold,NY 11971-0959 Vincent Orlando y p� Tel. (631) 765-1809 James Dinizio,Jr. l �a Fax(631)765-9064 http://southoldtow.n.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, NOVEMBER 18,2004 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, November 18,2004 commencing at 9:30 A.M. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member(start to 11:25) Lydia A.Tortora, Member Vincent Orlando, Member James Dinizio, Member Kieran Corcoran,Assistant Town Attorney (10:25 to end) Linda Kowalski,ZBA Confidential Secretary 9:40 A.M. Chairwoman Oliva called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: SEQRA RESOLUTION declaring Type II Actions for the following applications without further SEQRA steps for the following projects as applied: #5619—EUGENE and EVELYN DRUMM #5605—KOSTAS ZACHARIADIS #5583—GARY ROSE #5606—MATTHEW and ALEXANDRA NINFO #5607—ANDREW and ANN MONACO #5609—LEO OLSEN and BRYAN VILLANTI #5610—ARTHUR TORELL #5611 —SALVATORE and MARGARET DETRANO #5612—KRISTOPHER PILLES #5613—THOMAS and ANNETTE JORDAN #5621 —ELLEN SCHULTHEIS #5628—THOMAS DEWOLFE(and NANCY TRAMONTANA) #5620.—JOHN REVENTLOW #5608—RISA ARIN #5625—BARRY D. BARTH #5595—FRANCES KESTLER #5408—ORIENT FIRE DISTRICT Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). Page 2 —Minutes Meeting held November 18,2004 Southold Town Board of Appeals The Chairman proceeded as noted below. II. PUBLIC HEARINGS: The following public hearings were held. (Please also see verbatim transcript of public hearings for statements offered during the hearings): 9:40 AM Eugene and Evelyn Drumm #5619. Harvey Arnoff, Esq. Request for a Variance under Section 100-33, based on the Building Inspector's August 30, 2004 Notice of Disapproval concerning the location of the as-built swimming pool in an area other than the rear yard, at 59 (995) Sunset Lane at end of Sound Drive, Greenport; CTM 33-4-59. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision.Vote of the Board: All.The Resolution was duly adopted (5-0). 9:46 AM Kostas Zachariadis#5605. Request for a Variance under Section 100-231, based on the Building Inspector's July 26, 2004 Notice of Disapproval, concerning the height of proposed tennis court fencing in excess of the code height limitation of 6.5 feet, when located in or along side and rear yards, at 1695 and 1697 Little Neck Road, Cutchogue;CTM Parcel 103-5-2.5(Parcels 2.2 and 2.3 combined as one lot). 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 (5-0). 9:48 AM Gary Rose #5583. David Sherwood, Architect. Request for Variances under Sections 100-242A, 100-244, based on the Building Inspector's July 14, 2004 Notice of Disapproval, concerning the proposed connection of an existing accessory garage and additions with alterations to an existing single-family dwelling, with setbacks at less than 40 feet from the front lot line, less than 15 on a single side yard, and less than 35 feet for both(total)side yards, at 1020 New Suffolk Avenue, Mattituck; CTM Parcel 114-12-16.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva,seconded by Member Tortora,to close the hearing reserving decision. Vote of the Board: All.This Resolution was duly adopted (5-0). 9:52 AM Matthew and Alexandra Ninfo #5606. Request for a Special Exception under Section 100-31 B for an Accessory Apartment in conjunction with the owner's single-family residence at 3600 Pequash Avenue, Cutchogue; CTM 103-14-2. Please see transcript of written statements prepared under separate cover. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision.Vote of the Board: All. This Resolution was duly adopted 5-0. 10:00 AM Andrew and Ann Monaco#5607. Request for a Variance under Section 100-231, based on the Building Inspector's August 6, 2004 Notice of Disapproval concerning the height of proposed fencing exceeding four feet when located within a front yard, at 65 Aquaview Avenue, East Marion; CTM Parcel 21-2-1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer,to close the hearing reserving decision. Vote of the Board: All. This Resolution was duly adopted(5-0). II. PUBLIC HEARINGS. continued: The following public hearings were held. Please see verbatim transcript of public hearings for statements offered during the hearings: 10:12 AM Leo Olsen and Bryan Villanti#5609. Request for a Variance under Section 100-239.413 based on the Building Inspector's August 13, 2004 Notice of Disapproval concerning a proposed dwelling at less than 75 feet from the bulkhead, at 3590 North Road (S.R. 25), Greenport; CTM Parcel 35-4-28.12. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). 10:17 AM Arthur Torell #5610. Request for a Variance under Section 100-244, based on the Building Inspector's May 4,2004 Notice of Disapproval concerning a proposed dwelling at less than 50 feet from the rear lot line, at 365 Westwood Lane, Greenport; CTM Parcel 33-2-11. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After Page 3 —Minutes Meeting held November 18,2004 Southold Town Board of Appeals receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). 10:23 AM Salvatore and Margaret Detrano#5611 by Rob Lehnert. Request for a Variance under Section 100-242A and 100-244, based on the Building Inspector's August 24, 2004 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling, which will constitute an increase in the degree of nonconformance with front and rear yard setbacks at less than 35 feet, located along the west side of a private right-of-way easement, House#5388, Great Peconic Bay Blvd, Laurel; CTM Parcel 128-2-14. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). 10:28 AM Kristopher Pilles #5612. Request for a Waiver under Section 100-26 to unmerge undersized lot from adjacent parcel CTM 1000-22-2-36 (50 Stars Road) based on the Building Inspector's August 27, 2004 Notice of Disapproval which states that the applicant's properties have been merged since 1983. Location of Property: 395 Cedar Drive West, East Marion; CTM Parcel 22-2-37. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). RESOLUTION TO RECESS: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to recess for approximately 5 minutes. Vote of the Board: All. The Resolution was duly adopted (5-0). 11:02 AM RESOLUTION TO RECONVENE: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried to reconvene. Vote of the Board: All. This Resolution was duly adopted(5-0). The meeting reconvened at 11:02 a.m.and Chairwoman Oliva proceeded with the following: II. PUBLIC HEARINGS, continued: The following public hearings were held. Please see verbatim transcript of public hearings for statements offered during the hearings: 11:02 AM Thomas and Annette Jordan #5613 by Rob Herrmann. Request for a Variance under Section 100-244B based on the Building Inspector's August 23, 2004 Notice of Disapproval, concerning a proposed dwelling at less than 40 feet from the front lot line,at 1680 Brigantine Drive, Southold; CTM 79-4-25. Mr. John Abele submitted a letter in opposition. Also, 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 (5- 0). 11:12 AM Ellen Schultheis #5621. P. Moore, Esq. Request for Variances under Sections 100- 242A and 100-244, based on the Building Inspector's December 3, 2003 Notice of Disapproval, amended September 21,2004 concerning proposed additions with alterations which will constitute an increase in the degree of nonconformance, with setbacks at less than 35 feet from the rear lot line, less than 10 feet on a single side yard, and lot coverage exceeding the code limitation of 20 percent, at 920 Medey Avenue, Mattituck; CTM Parcel 113-11-4.1. (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 adjourn to December 16, 2004, at 9:35 a.m. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer left at 11:25 and absent during this vote. 11:30 AM Thomas Dewolfe (and Nancy Tramontana) #5628. Request for Variances under Sections 100-30A.3, 100-33B and 100-244B, based on the Building Inspector's October 4, 2004 Notice of Disapproval, concerning a lot with less than 40,000 sq.ft., less than 150 feet of lot width, less than 175 ft. of lot depth, in this requested lot line change, and rear setback reduction to less than the existing 27 ft. (code requirement is 35 feet, and portion of the existing accessory building Page 4 —Minutes Meeting held November 18,2004 Southold Town Board of Appeals at less than three feet from a lot line. Location of Property: 410 Champlin Place, Greenport; CTM Parcel 34-3-39 and 50. Zone District: R-40 Residential. (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.) 11:33 AM John Reventlow#5620. Request for a Variance under Section 100-30A.3 based on the Building Inspector's August 26, 2004 Notice of Disapproval concerning additions with alterations at less than 50 feet from the rear lot line,at 1000 Stillwater Avenue, Cutchogue; CTM Parcel 103-7-7. (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. The Resolution was duly adopted (4-0). (Member Goehringer was absent.) 11:35 AM Risa Arin#5608. Request for a Variance under Sections 100-242A and 100-244 based on the Building Inspector's August 31, 2004 Notice of Disapproval, amended October 26, 2004, concerning an as-built (deck)addition, after removal of a former deck, with total side yards at less than 25 feet, at 180 Soundview Avenue, Peconic; CTM Parcel 67-1-9. (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.) RESOLUTION TO RECESS: Motion was offered by Member Orlando, seconded by Member Tortora and duly carried,to adjourn to 1:00 p.m. Vote of the Board: All. The Resolution was duly adopted (4-0). 1:06 PM RESOLUTION TO RECONVENE: Motion was offered by Member Orlando, seconded by Member Tortora, and duly carried, to reconvene. Vote of the Board: Ayes: All (4-0). Member Goehringer was absent for afternoon session. II. PUBLIC HEARINGS. continued: The following public hearings were held. Please see verbatim transcript of public hearings for statements offered during the hearings: 1:06 PM Barry D. Barth #5625. Request for a Variance under Section 100-239.4A(1), based on the Building Inspector's September 2, 2004 Notice of Disapproval concerning a new deck at less than 100 feet from the top of the bluff or bank of the L.I. Sound, at 2040 Central Drive, Mattituck; CTM Parcel 106-1-26. (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.) 1:13 PM Frances Kestler#5595. Request for a Variance under Section 100-71 B(3)for approval of more than one use on a lot having less than 40,000 sq.ft. of lot area, and for a Special Exception for Apartment use over professional or business office use in this Residential-Office Zone District, at 11535 Main Road and Pacific Street, Mattituck; CTM Parcel 142-2-16.Zone District: Residential- Office. (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.This Resolution was duly adopted (4-0). (Member Goehringer was absent.). Also see Decision with Interpretation Rendered at this meeting and attached,the original filed with the Office of the Town Clerk. 1:28 PM Orient Fire District#5408 (continuation from 10121104 PH,please note:special exception filing by public utility separate, for a future hearing date). Mr. Reale, Esq., Ed Boyd. Location of Tower: Orient Firehouse Parcel, 23300 Main Road, Orient; CTM 18-5-13.8; Zone District: R-80. Request for Variances under Sections 100-162A(3) and 100-165B, based on the Building Inspector's April 23, 2004 Notice of Disapproval, amended May 2, 2004 and June 3, 2004, concerning a proposed telecommunications tower at 125 ft. height with antenna, and related equipment. The reasons stated for disapproval are that the telecommunications tower: (1) does Page 5 —Minutes Meeting held November 18,2004 Southold Town Board of Appeals not meet the code requirements with a proposed height at 125 feet, (2) is not permitted to be located within 300 feet of historic properties, CTM 18-5-15.1, 18-5-11.1, and (3) is not permitted on a nonconforming lot size, or lot containing less than a minimum lot area in a residential district of five (5) 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 adjourn to December 16, 2004 at 1:15 p.m. Vote of the Board: All.The Resolution was duly adopted (4-0). (Member Goehringer was absent.) (End of hearings; public meeting continues.) III. DELIBERATIONS/DECISIONS: APPROVED AS APPLIED:#5619—Eugene and Evelyn Drumm (PH held today). INTERPRETATION#5595—Dr. Francis J. Kestler(Special Exception RO Zone) IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION TO ADVERTISE: Motion was offered by Member Tortora,seconded by Chairwoman Oliva,to authorize advertising of public hearings for applications submitted in complete form, for a Regular Meeting of Thursday December 16, 2004. Vote of the Board: All. The Resolution was duly adopted(4-0). (Member Goehringer was absent.) V. EXECUTIVE SESSION Item(s)—None. Brief reviews of pending files and general discussions 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 was adjourned at 3:00 PM. Respectfully submitted, ��/c�Z .�j2UG1�:, Li"n3a Kowalski Includll dd ddd I/nryjJ�c�orporated by Refferren�ce (2) Decisions Ruth D. Oliva, Chairwoman-Approved for Filing RECEIVED SEP 20M lizo� Southold Town-Clerk