HomeMy WebLinkAboutZBA-04/26/2007 Office Location: ��OF SUUTyO Mailing Address:
Town Annex/First Floor,Capital One Bank 53095 Main Road
54375 Main Road(at Youngs Avenue) P.O. Box 1179
Southold,NY 11971 • �OQ Southold,NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax(631)765-9064
MINUTES
REGULAR MEETING
THURSDAY,APRIL 26, 2007
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,April 26, 2007 commencing at 9:30 A.M.
Present were:
James Dinizio, Chairman/Member
Ruth D. Oliva, Member
Gerard P:Goehringer, Member
Michael A. Simon, Member
Leslie Kanes Weisman, Member
Kieran Corcoran,Assistant Town Attorney(10:22 a.m. to end)
Linda Kowalski, ZBA Confidential Secretary
9:36 A.M. Chairman Dinizio called the meeting to order.
The Board proceeded with the first item on the Agenda as follows:
I. STATE ENVIRONMENTAL QUALITY REVIEW.DETERMINATIONS (SEQRA):
BOARD RESOLUTION: Motion was made.by Member Goehringer, seconded by
Member Weisman, to declare the following Declarations:Type II Actions with no
further steps regarding requests setback, dimensional, lot waiver, accessory
apartment, bed and breakfast requests:
ALAN SANTOS#6011
MARTHA ROSENTHAL#6018
JERRY and LINDA MATEJKA#6018
JOHN and VIVIAN ANEMOYANIS#6019
CELESTE SHEVLIN and PATRICIA BOOKE#6021
PAUL CACIOPPO#6020
LINDA BERTANI #6022
LEILA HADLEY LUCE#6015
LENNY and RANDEE DADDONA#6023
AMY and CHRISTOPHER ASTLEY#6004
JOSEPH GULMI and SUSAN BRAVER#5994
EDWARD FERGUS#5941
JOHN and PATRICE KEITT#6008
LEE and MARIE BENINATI#6017
Page 2—Minutes
Meeting held April 26,2007
Southold Town Zoning Board of Appeals
KATHLEEN BOWER#5981
MARY ZUPA#6010
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
II. PUBLIC HEARINGS: Chairman Dinizio opened each hearing and read the
Legal Notice for the record concerning each application:
9:36 a.m. ALAN SANTOS #6011. Request for a Variance under Section 280-
15-B, based on the Building Inspector's December 13, 2006 Notice of
Disapproval concerning a proposed shed attached at the side of the dwelling, set
back less than 20 feet from property line. Location of Property: 933 New Suffolk
Road and private right-of-way, Cutchogue; CTM 102-6-24. (Please see transcript
of written statements prepared under separate cover.) BOARD RESOLUTION:
ri After receiving testimony, motion was offered by Member Weisman, seconded by
Member Goehringer, to close the hearing reserving decision. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
9:55 a.m. MARTHA ROSENTHAL #6024. Tom Auburn, CT Builder. Request
for a Variance under Section 280-124, based on applicant's request for a building
permit and the Building Inspector's February 20, 2007 Notice of Disapproval
concerning a proposed addition which will be less than 35 feet from the rear lot
line, at Munnatawket Road (north of Fox Avenue), Fishers Island; CTM 6-3-2.
(Please see transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by
Chairman Dinizio, seconded by Member Oliva, to close the hearing reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
9:58 a.m. JERRY and LINDA MATEJKA#6018. Request for a,Variance under
Section 280-15, based on the applicants' request to amend Building Permit No.
32557-Z, based on the Building Inspector's February 2, 2007 Notice of
Disapproval concerning the existing garage located in a yard other than the
code-required rear yard. The new construction places the existing garage in 'a
side yard, at 1300 Strohson Road, Cutchogue; CTM 103-10-27. (Please see
transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Chairman
Dinizio, seconded by Member Oliva, to close the hearing reserving decision.
Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:08 a.m. JOHN AND VIVIAN ANEMOYANIS #6019. Request for a Variance
under Section 280-124, based on Building Permit #32427-Z and construction of
the deck addition, a corner of which is less than 50 feet from the rear lot line at its
closest point, at 2960 Lighthouse Road, Southold; CTM 50-4-2.2. (Please see
transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Member
Goehringer, seconded by Member Weisman, to close the hearing reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:12 a.m. CELESTE SHEVLIN and PATRICIA BOOKE #6021. Request for a
Variance under Section 280-124, based on the applicants' request for a building
permit to construct additions and alterations to the existing dwelling, and the
Building Inspector's Notice of Disapproval, amended March 8, 2007, stating the
new construction will be less than 40 feet from the front lot line facing
Wunneweta Road. Location: 1020 Vanston Road, Cutchogue; CTM 104-12-11.
Page 3—Minutes
Meeting held April 26,2007
Southold Town Zoning Board of Appeals
(Please see transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by
Member Oliva, seconded by Member Goehringer, to close the hearing reserving
decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
10:22 a.m. PAUL CACIOPPO #6020. Rob Lehnert, Boulevard. Planning East.
Request for Variances based on the Building Inspector's March 6, 2007 amended
Notice of Disapproval, stating: (1) under Section 280-15, the side yard setback
shall not be less than five feet, for the existing accessory cottage, approximately
16 feet in height; (2) under Section 280-15B, the existing accessory garage will
result in a side yard location instead of a code-required rear yard, after the
proposed construction; (3)the proposed additions to a nonconforming accessory
cottage use are not permitted under Sections 280-13C and 280-121A; no
enlargement, alteration, extension, reconstruction, or restoration, or placement
on a different portion of the lot or parcel of land occupied by such use on the.
't effective date of this chapter, nor shall any external evidence of such use be
increased by any means whatsoever; (4) under Section 280-124, the proposed
additions and alterations to the single-family dwelling are not permitted for the
reason that the new construction will be less than 35 feet from the rear lot line
and the lot coverage will exceed the code limitation of 20 percent building
coverage. Location: 735 Jackson St., New Suffolk; CTM 117-9-6. (Please see
transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered by Member Oliva,
seconded by Member Goehringer, to close the hearing reserving decision. Vote
of the Board: Ayes: All. This Resolution was duly adopted (5-0).
11:10 a.m. LINDA BERTANI #6022. John Bertani. Request for a Variance
under Sections 280-122A and 280-124, based on applicant's January 22, 2007
application requesting a building permit to construct a porch addition and the
Building Inspector's Notice of Disapproval stating that the new addition will
constitute an increase in the degree of nonconformance under Zoning Code
Interpretation #5039 (Walz) when constructed less than 40 feet from the front lot
line at North Bayview Road. Location: 1380 Oakwood Drive, Southold; CTM 70-
12-32. (Please see transcript of written statements prepared.under separate
cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by
Member Weisman, seconded by Member Goehringer, to close the hearing
reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
11:13 a.m. LEILA HADLEY LUCE #6015. Garth McDonough, Architect.
Request for a Variance under Section 280-124, based on the Building Inspector's
August 25, 2006 Notice of Disapproval, amended March 7, 2007 concerning
proposed additions and alterations to an existing single-family dwelling at less
than 35 feet from the westerly front yard lot line. Location of Property: West
Side of Montauk Avenue and East Side of private right-of-way, Fishers Island;
CTM 10-8-1.2. (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
offered by Member Oliva, seconded by Member Goehringer, to close the hearing
reserving decision. Vote of the Board: Ayes: All. This Resolution was duly
adopted (5-0).
11:25 a.m. LENNY and RANDEE DADDONA #6023. Vicki Toth, Agent.
Request for a Variance under Section 280-15, based on the applicant's request
for a building permit to construct a swimming pool, and the Building Inspector's
Page 4—Minutes
Meeting held April 26,2007
Southold Town Zoning Board of Appeals
March 9, 2007 Notice of Disapproval for the reason it is proposed,.in a yard other
than the code-required rear yard on this 34,538 sq. ft. lot with two front yards, at
1380 Calves Neck Road, Southold; CTM 63-7-25. (Please see transcript of
written statements prepared under separate cover.) BOARD RESOLUTION:
After receiving testimony, motion was offered by Member Goehringer, seconded
by Member Weisman, to adjourn the hearing to 1:30 p.m. 4/26/07 (today). Vote
of the Board: Ayes:_All. This Resolution was duly adopted (5-0).
11:53 a.m. AMY and CHRISTOPHER ASTLEY#6004. Bill Ryall, Architect.
Request for Variances under Sections 280-10, 280-15, 280-124, 280-116, based
on the applicants' request for a building permit and the Building Inspector's
December 26, 2006 Notice of Disapproval, concerning: (1)a screened porch
addition proposed at less than 100 feet from the top of the bluff adjacent to the
Long Island Sound, (2)proposed additions to the existing dwelling which will be
less than 40 feet from the front property line, and (3) proposed swimming pool in
a location other than the code-required rear yard and less than 40 feet from the
front lot line. Location of Property: 460 Northview Drive, Orient; CTM 13-1-5.2.
(Please see transcript of written statements_prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by
Member Goehringer, seconded by Member Oliva, to adjourn the hearing to May
31, 2007. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
Motion was offered by Member Oliva, seconded by Member Weisman, to
authorize forwarding of a memo to the Town Trustees requesting bluff boundary
line determination and/or inspection.Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
12:55 p.m. JOSEPH GULMI and SUSAN BRAVER #5994. Request for
Variances under Zoning Code Section 280-105, based on the Building
Inspector's December 11, 2006 Notice of Disapproval concerning an as-built
fence exceeding the code limitation of four feet in height when located in or along
a front yard area, and under former Section 100-33 (now 280-15) for relief from
Condition under ZBA No. 5340 concerning the location of an as-built swimming
pool (ref. B.P. #91932-Z), at less than 30 feet from the front lot line. Location of
Property: 250 Pine Tree Court, Cutchogue; CTM 98-1-7.11 (Please see
transcript of written statements prepared under separate cover.) BOARD
RESOLUTION: After receiving testimony, motion was offered, by Chairman
Dinizio, seconded by Member Goehringer, to close the hearing reserving
decision.Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
SHORT BREAK: Motion was offered by Member Weisman, seconded by
Member Oliva, to take a short recess. Vote of the Board: Ayes: All. This
Resolution was duly adopted (5-0).
1:42 p.m. MEETING RECONVENED: Motion was offered by Member Oliva,
seconded by Member Weisman, to reconvene the hearings. Vote of the Board:
Ayes: All. This Resolution was duly adopted (4-0). Member Goehringer was
absent for resolution. 1:42 p.m. Chairman Dinizio reconvened and proceeded
with the agenda, as follows:
II. PUBLIC HEARINGS with ZBA reading of Legal Notice for each application,
continued):
Page 5—Minutes
Meeting held April 26,2007
Southold Town Zoning Board of Appeals
1:42 p.m. LENNY and RANDEE DADDONA #6023. Adjourned-from 4/26107
(today) 11:25 a.m. (Please see transcript of written statements prepared under
separate cover.) BOARD RESOLUTION: After receiving testimony, motion was
offered by Chairman Dinizio, seconded by Member Goehringer, to close the
hearing reserving decision. Vote of the Board: Ayes: All. This Resolution was
duly adopted (4-0). Member Goehringer was absent during this resolution.
III. DELIBERATIONS/DECISION (carryover items from 4/19 Agenda):
PH concluded 3129 and written record concluded 4119:
EDWARD FERGUS #5941. This is an application requesting a Variance under
Section 280-1,8 (100-30A.3) based on the Building Inspector's May 31, 2006
Notice of Disapproval concerning an application for a building permit to build a
single-family dwelling in a location less than the code-required 50 feet from the
rear lot line, at 1854 North Bayview Road, Southold; CTM 70-12-39.3.
DECISION: See original Findings, Deliberations, Determination filed by
Zoning Board of Appeals with the Town Clerk- Variance denied with Grant of
Alternative Relief with Conditions: Vote of the Board: Ayes: All. This Resolution
was ADOPTED (5-0). The original determination was filed with the Southold
Town Clerk and attached hereto as those fully written into this set of Minutes:
Tabled (no action at this time): JOHN and PATRICE KEITT#6008. Request for
Variances under Sections 280-15, 280-116B, and 280-124, based on the
Building Inspector's January 11, 2007 Notice of Disapproval concerning an
application for a building permit for as-built shed, new porch construction after
removal of a screen porch, and new addition to dwelling. The reasons stated in
the disapproval are: (a) decking construction is shown with a zero setback from
the bulkhead, (b) the as-built screened porch is less than 75 feet from the
bulkhead; (c)the rear yard setback is proposed at less than 50 feet; (d)the as-
built accessory shed does not meet the required 5 ft. minimum setback under
ZBA No. 3229. (Note: Variance relief is not requested for the trellis structure.)
.Location of Property: 280 Basin Road, Southold; CTM 81-1-19.
IV. PUBLIC HEARINGS, continued from II above, with reading of Legal Notice
for each hearing:
1:58 p.m. .LEE and MARIE BENINATI #6017. Harvey Arnoff, Esq. Request for
Variances under Sections 280-15 and 280-38C-1, based on the Building
Inspector's January 4, 2007 Notice of Disapproval, amended February 22, 2007
.concerning an application for a building permit for an accessory garage with
storage loft: (a) in a yard other than the required rear yard, (b)``set back less
than 25 feet from the property line, (c)height exceeding the code limitation of 22
feet to the top of the ridge, and (d) dormer exceeding 40% of the roof width.
Location: 3070 Peconic Lane and C.R. 48 (Middle Rd; North Rd), Peconic; CTM
74-3-15. (Please see transcript of written statements prepared under separate
'cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by
Member Oliva, seconded by Member Goehringer, to close the hearing reserving
,decision. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
Page 6—Minutes.
Meeting held April 26,2007
Southold Town Zoning Board of Appeals
2:15 p.m. KATHLEEN BOWER #5981. (Carryover from February 22"d -
extending additional time needed by applicants to obtain a site diagram, plot plan
or site survey prepared by a professional confirming details of
building/property/setback to front property line at closest point). 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 54-7-1.3. (Please see transcript
of written statements prepared under separate cover.) BOARD RESOLUTION:
After receiving testimony, motion was offered by Member Weisman, seconded by
Member Goehringer, to close the hearing reserving decision. Vote of the Board:
Ayes: All. This Resolution was duly adopted (5-0).
2:25 p.m. MARY ZUPA #6010. (Carryover from 3/29 PH, with adjournment —
extending time for applicant to amend application as per 3/29 PH discussions).
This is an Appeal for an Interpretation or other action, based on the Building
Department's December 21, 2006 return of a building permit application to
construct a single-family dwelling at 580 Basin Road, Southold; CTM 81-1-16.7.
IV. PUBLIC HEARINGS, continued from II above, with reading of Legal Notice
for each hearing:
(Please see transcript of written statements prepared under separate cover.)
BOARD RESOLUTION: After receiving testimony, motion was offered by
Member Oliva, seconded by Member Goehringer, to adjourn the hearing without
a date. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0).
V. RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. RESOLUTION ADOPTED: Motion was offered by Member Weisman,
seconded by Member Goehringer, and duly carried to accept and
authorize filing of Minutes prepared for Meeting of 3/29/07 with the Town
Clerk's Office. Vote of the Board' Ayes: Member Dinizio (Chairman),
Member Oliva, Goehringer, Simon and Weisman. This Resolution was
duly adopted (5-0).
B. Discussion—general regarding new files (no action was taken).
C. The Chairman confirmed the Special Meeting for 6:00 p.m. Thursday,
May 10, 2007, Annex Building, NFB 2"d Floor.
D. The Chairman confirmed the scheduled Regular Meeting for 9:30 a.m.
Thursday, May 31, 2007 at Town Meeting Hall, Southold.
Page 7—Minutes
Meeting held April 26,2007
Southold Town Zoning Board of Appeals
There being no other business properly coming before the Board at this
time, Chairman Dinizio declared the meeting adjourned. The meeting was
adjourned at 2:50 P.M.
Respectfully submitted,
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