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HomeMy WebLinkAboutZBA-09/14/2004 c APPEALS BOARD MEMBERS p� pG Southold Town Hall Ruth D. Oliva, Chairwoman =� �� 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. lt �►a Fax(631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, SEPTEMBER 14, 2004 A Regular.Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road,Southold, New York 11971-0959,on Thursday, September 14,2004 commencing at 9:45 a.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member Vincent Orlando, Member(9:45 am—2:30 pm) James Dinizio, Member Kieran Corcoran,Assistant Town Attorney (9:45 am-2:20 pm) Linda Kowalski,ZBA Confidential Secretary Absent was: Lydia A.Tortora,Member 9:45 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: JAMES N..GEMMILL#5572. GORDON AND DIANE TYRER#5580. KEVIN MILLER#5581. DIANE ALEC SMITH#5585. EUGENE AND GEORGENE BOZZO#5567. HENRY and ALISON McCANCE#5584. JOHN andMARION BRANDVOLD #5516. ELLEN McNEI.LLY#5587. EVAN AKSELRAD#5590. R. TAPP and N. ELLIS#5555. MICHAELPISACANO#5588. Vote of the Board: Ayes: All. Member Tortora was absent. This Resolution was duly adopted (4-0). Page 2 —Minutes Meeting held September 14,2004 Southold Town Board of Appeals DELIBERATIONS/DECISION: None. PUBLIC HEARINGS: The following public hearings were held with the Chairwoman introducing each application, and Member reading of the Legal Notice as published: 9:46 AM JAMES N. GEMMILL #5572. J. Fitzgerald, Proper-T Permits. Request for a Variance under Sections 100-242A and 100-'44, 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. (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 (4-0). Member Tortora was absent. 9:50 AM GORDON AND DIANE TYRER#5580. Request for a Variance under Section.100-33, based on,the Building Department's April 2, 2004 Notice of Disapproval, concerning a garage proposed in a side yard rather than the code-required rear yard, at 255 Oriole Drive, Southold; CTM 55415.26. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Goehringer, seconded.-by Member Orlando, to adjourn to 11:15 a.m. for appearance. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Tortora was absent. 9:51 AM. KEVIN MILLER#5581. Tom McCarthy, Zavior Fleming. Request for a Variance under Section 100-33, based on the Building Department's May 28, 2004 Notice of Disapproval concerning a garage proposed in a front yard rather than the code-required rear yard, at 600 Wunneweta Road, Cutchogue; CTM 104-11-13. (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 adjourn to October 21, 2004, at 9:30 a.m. Vote of the Board: 'All. The Resolution was duly adopted (3-1). Member Tortora was absent. _ 10:26 AM 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. (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 (3-0). Member Tortora was absent and Member Goehringer was out of the room. 10:35 AM; 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 of Property: 4135 Camp Mineola Road,. Mattituck; CTM 123-5-27. (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 (4-0). Member Tortora was absent. Page 3 —Minutes " Meeting held September,14,2004 Southold Town Board of Appeals 1 PUBLIC HEARINGS. continued: The following public hearings were held with the "Chairwoman introducing each application, and Member reading of the Legal Notice as published: c 10:53 AM:HENRY and ALISON McCANCE #5584. R. Lark Esq.. Request for a Variance under . Section 100242A 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 of Property: Fox.Avenue& Cottage Place,.Fishers Island; CTM 6-5-5.2. (Please'see transcript of written statements,prepared under separate cover.)' BOARD RESOLUTION: After receiving testimony, motion.was offered by Chairwoman Oliva,.seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All.' The Resolution was duly adopted (4-0). Member Tortora was absent. 10:58 AM: JOHN and MARION BRANDVOLD #5516. Meryl Kramer, 'Architect. Request for Variances under Section 100-239.413, 100-242A, and 100-244, based on the Building Inspector's March 3, 2004 Notice of Disapproval, amended March 25, 2004, concerning a new dwelling, after. substantially reconstructed to replace an existing dwelling, with expansion. The new construction will increase the degree of nonconformance or create a new nonconformance with: (a) a single side setback at less than 10 feet, (b) total combined side yards at less than 25'feet, (c) a setback from the bulkhead at less than 75 feet. Location of Property: 1955 Bay Shore.Road, Greenport; CTM 53-4-10. (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: AII'. The Resolution was duly adopted (4-0)., Member Tortora was absent. 11:10 AM.,. JOSEPWAND DANIELLE HELINSKI #5430 (Carryover from 7/15). 42300 C.R. 48 and Tuckers Lane, Southold; CTM 59-4-2.3. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva,\seconded by Member Goehringer, to adjourn hearing, pending update with Town Clerk. Vote of the Board:.All. The Resolution was duly adopted (4-0). Member Tortora was absent. 11:15 AM- 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,of Property: 70 Vincent Street, Orient; CTM 26-1-5. (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 (4-0). Member Tortora was absent. 11:30 AM RESOLUTON (Break): Motion was offered by Chairwoman Oliva, seconded by Member Orlando, to adjourn for a court arraignment. Vote of the Board: All. The Resolution was r duly adopted (4-0). Member Tortora was absent. .12:05.PM.RESOLUTION (RECONVENE): Motion was offered by Chairwoman Oliva, seconded by Member Orlando, to reconvene.-Vote of the Board: All. The Resolution was duly adopted (4- 0). Member Tortora was absent. 12:05 PM_"EVAN AKSELRAD #5590. Request for a Variance under Section 100-239.413, 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 47-2-21. (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 (4-0). Member Tortora was absent. Page 4 —Minutes Meeting held September 14,2004_ Southold Town Board of Appeals . PUBLIC HEARINGS, continued: The ,following public hearings were held with the Chairwoman introducing each application, and Member reading of the Legal Notice as published: 12:15 PM R. TAPP and N. ELLIS #5555. P. Moore Esq., and Tom Samuels. Request for a Variance under Section 100-31A, 100-239.46, 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. (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 (4-0). Member Tortora was absent. 12:33 PM.MICHAEL PISACANO #5588. P. Moore, Esq.. (Direct) Appeal under New York Town Law Section 277(6) requesting an area variance under Article III, Section 100-32, Bulk Schedule, concerning a parcel.of land containing-less than the code requirement of 80,000 sq. ft., at 1457. Cox Neck,Road, Mattituck; 113-7-19.11. (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 the hearing to 2:40 p.m. today, for appeal supplement reference amended Notice of Disapproval. Vote of the Board:. AII. The Resolution was duly adopted-(4-0). Member Tortora was absent. 1:55 PM GERARD SCHULTHEIS #5296. E. Bressler, Esq., with . Mr. & Mrs. Schultheis. (Carryover from 7115104 PH for submissions by applicant, 7/29 applicant submitted maps with cesspool location and additional sets of exhibits). Location: 1640 First. St., New Suffolk; CTM 117-5-6.3. -(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 (4-0). Member Tortora was absent. 2:17 PM :`CAROL WITSCHIEBEIN and' JANET LARSEN#5569. CDR. Consultants, Christine Rivera. (Carryover from 8/19 for alternative plan to be_submitted to the ZBA by 9/8, applicant submitted revised plan for alternative relief 9/ /04J 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. (Please see transcript of written statements prepared ..under'separate 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 (3-0): Members Tortora.and Orlando Were absent. 2:40 PM MICHAEL PISACANO#5588:.'P. Moore, Esq. RECONVENED from 12:33 PM. (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 (3-0). MembersTortora and Orlando were absent. 2:50 PM 'GORDON AND DIANE TYRER #5580. RECONVENED from 9:50 AM. (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 adjourn';the hearing to October 21, 2004. Vote of the Board: All. The Resolution was duly adopted (3'=0). Members Tortora and Orlando were absent. Page 5 —Minutes ' ! - Meeting held September 14,2004 Southold Town Board of Appeals OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION ADOPTED: Motion was offered by Member Geohringer, seconded by Chairwoman Oliva to advertise in the Town's official newspaper public hearings for complete applications, to be held October 21, 2004, at a Regular Meeting commencing at 9:15 A.M. at Southold Town Hall (Courtroom), 53095 Main Road, Southold. Vote of the Board: All. This Resolution was duly adopted (3-0). Members Tortora and Orlando were absent. B. RESOLUTION ADOPTED: Motion was offered by Member Goehringer, seconded by Chairwoman Oliva to confirm the next scheduled pubic hearings for complete applications to be held September 14, 2004, at a Regular Meeting commencing at 9:30 AM at Southold Town Hall, (Courtroom), 53095 Main Road, Southold. Vote of the Board: All. This Resolution was duly adopted (3-0). Members Tortora and'Orlando were absent. C. RESOLUTION ADOPTED: Motion was offered,by Member Goehringer, seconded by . Chairwoman Oliva to set the next Special Meeting for October 7, 2004 at 6 PM, North Fork Bank Building, 54375 Main Road (at Youngs Ave.), 2"d floor, Southold, New York. Vote of the Board: All.. This Resolution was duly adopted (3-0). Members Tortora and Orlando were absent. There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the.meeting adjourned. The meeting adjourned at 3:00 p.m. Respectfully.submitted, I i da Kowalski erard P. Goehringer Approved for Filing" 4 S.' RECEIVE® 4 JUN 1 6 2009 • � Q I i I Southold Town Clerk.