The URL can be used to link to this page

Home My WebLink AboutZBA-03/21/2002 \ APPEALS BOARD MEMBERS OSQFfO(�►C Southold Town Hall Gerard P. Goehringer, Chairman �� 'y� 53095 Main Road Lydia A.Tortora co P.O. Box 1179 George Horning • Southold,New York 11971-0959 Ruth D. Oliva ZBA Fax(631)765-9064 Vincent Orlando �01 �►a Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, MARCH 21, 2002 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, March 21, 2002 commencing at 6:30 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member George Horning, Member Ruth D. Oliva, Member Vincent Orlando, Member. Also present from the office staff was Secretary Paula Quintied.- 6:30 p.m. Chairman Gerard P. Goehringer called the meeting to order. The Board proceeded with the first item on the Agenda (Item II), as follows: AGENDA ITEM I: STATE ENVIRONMENTAL QUALITY (SEQRA) REVIEW/RESOLUTION. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to confirm the following Declarations: Type 11 Declarations (No further steps under State Law): Appl. No. 5073 —JOHN AND CATHERINE McDONALD. Garage location. Appl. No. 5104— MARTIN KOSMYNKA. Setbacks for addition. Appl. No. 5075— DIANNE DANEK. Accessory use by Special Exception (B & B). y Appl. No. 5076— NEVIO and OLGA BLASKOVIC. Setbacks. Appl. No. 5079— FRANK and ELIZABETH MURPHY. Second kitchen for a one-family dwelling use and front setback for addition. Appl. No. 5080—THOMAS FITZPATARICK. Setback. Appl. No. 5071 —WALTER TERESKO and ELIZABETH McGRATH. Area, width and depth of one of two lots (proposed lot line change). Appl. No. 5077—THOMAS and ANGELA LAOUDIS. Yard locations/setback; lot coverage for accessory structures. (Also see Unlisted Action below for proposed height) Appl. No. 5078 — THOMAS and ANGELA LAOUDIS. Yard locations/setback; lot coverage for accessory structures. Page 2—Minutes March 21,2002 Regular Meeting Southold Town Board of Appeals I. SEQRA Resolution of Declarations, continued: Unlisted Declarations with Negative Effect on the Environment: Appl. No. 5074—CYRIL LUKEMAN, JR., ET AL. Proposed habitable use of nonconform- ing accessory building (studio/shop), existing nonconforming setback and lot coverage for replacement. Appl. No. 5077—THOMAS and ANGELA LAOUDIS. Height of proposed pool house as an accessory building over code limitation. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS: (Applicants submitted Affidavits of Mailings, Affidavits of Posting, returned signature cards, etc.) The Board opened and held each of the following hearings: 6:31 p.m. Appl. No. 5073 — JOHN AND CATHERINE McDONALD. This is a request for a Variance under Zoning Section 100-30A.4, based on the Building Department's Jan. 11, 2002 Notice of Disapproval for a building permit application to locate a proposed accessory garage in a yard area other than the required rear yard at 1235 Wunneweta Road, Cutchogue; Parcel 104-12-12.2. 6:35 p.m. Appl. No. 5104—MARTIN KOSMYNKA. Variance requested under Section 100-244B based on the Building Department's February 20, 2002 Notice of Disapproval of a building permit application to locate an addition with in-ground swimming pool, all located at less than the code requirement of 10 feet on one side and 15 feet on the remaining side, and less than 25 feet for total combined side yards. 1985 Pine Tree Road, Cutchogue; 98-1-11.2. 6:50 p.m. RESOLUTION: HEARING ON APPL. NO. 5075 CANCELED AT APPLICANT'S REQUEST. Motion was made by Chairman Goehringer, seconded by Member Oliva, and duly carried, to cancel the D. Danek hearing for tonight as requested by the applicant, and re-calendar same for a public hearing to be noticed for the April 18, 2002 Regular Meeting. This Resolution was duly adopted (5-0). 6:52 p.m. Appl. No. 5076 — NEVIO and OLGA BLASKOVIC. This is a request for a Variance under Section 100-244B based on the Building Department's January 15, 2002 Notice of Disapproval of a building permit application concerning a corner section of a new dwelling, for the reasons that the property has three front yards, and the map shows a front yard setback at less than 35 feet from the right-of-way to the southwest of the property, and a rear yard setback of less than thirty-five (35) feet. Location: 580 Willow Point Road, Southold; Parcel 56-5-29; Lot 26 on the Map of Willow Point. 7:06 p.m. Appl. No. 5074 — CYRIL LUKEMAN, JR., ET AL. This is a request for a Variance under Zoning Code Section 100-31A(1) based on the Building Department's January 14, 2002 Notice of Disapproval of a building permit application to replace an existing nonconforming habitable accessory building (studio/shop) which will have an insufficient rear yard setback and lot coverage at 22+- percent, at 550 Village Lane, Orient; Parcel 25-1-10. The reasons stated in the Disapproval is that the Page 3—Minutes March 21,2002 Regular Meeting Southold Town Board of Appeals construction is arranged, intended or designed to be used, in whole or in part, as a one-family dwelling, and not more than one dwelling is permitted on this lot. 7:27 p.m. Appl. No. 5079— FRANK and ELIZABETH MURPHY. This is a request for Variances under Sections 100-31A and 100-244B, based on the Building Department's January 22, 2002 Notice of Disapproval of a building permit application to: (1) construct an addition to an existing single-family dwelling with a front yard setback at less than 40 feet, and (2) add a proposed second kitchen in a single-family dwelling structure for use by the applicants, at 600 Bayer Road, Mattituck; 139-3-18.1. 7:29 p.m. Appl. No. 5080 — THOMAS FITZPTRICK. This is a request for a Variance under Zoning Code Section 100-30A.3 based on the Building Department's January 16, 2002 Notice of Disapproval of a building permit application to locate a proposed dwelling with a front yard setback at less than the code requirement of 50 feet, at 1030 Clearview Avenue, Southold; Parcel 89-3-11.3. 7:48 p.m. Appl. No. 5071 —WALTER TERESKO and ELIZABETH McGRATH. This is a request for a Variance under Zoning Code Section 100-30A.3 based on the Building Department's January 10, 2002 Notice of Disapproval for insufficient lot area, width and depth in the proposal to change lot line between Lots identified on the County Tax Maps as 109-7-6 and 7, situate along the east side of New Suffolk Road, Cutchogue. 8:19 p.m. The next two Hearings were combined as one hearing, for Appl. No. 5077 and 5078: Appl. No. 5077 — THOMAS and ANGELA LAOUDIS. This is a request for a Variance under Zoning Code Section 100-30A.3 and 100-230C.3, based on the Building Department's January 4, 2002 Notice of Disapproval, Amended January 16, 2002, regarding a building permit application to locate a dwelling, covered walkway structure, covered stone path structure, and additions and alterations to an existing building referred to as an accessory "pool house" structure. The reasons stated in the Disapproval are: (1) that this construction is not permitted; (2) that a single side yard is proposed at less than 15 feet, (3) that the lot coverage for all construction is proposed in excess of 20% of the total lot area; (4) that placement of a new dwelling will also place the existing building, proposed as an accessory non-habitable building and tennis court structure in a side yard rather than the required yard; (5) that the height of the pool house structure is greater than the code limitation of 18 feet for an accessory building; and (6) that the proposed covered walkway will project into a yard area overlapping the property line. Location of Property: 405 Kimberly Lane, Southold; Parcel 70-13-20.35. Appl. No. 5078 — THOMAS and ANGELA LAOUDIS. This is a request for a Variance under Zoning Code Section 100-30A.3 and 100-230C.1, based on the Building Department's January 4, 2002 Notice of Disapproval of a building permit application to make additions and alterations to the existing dwelling and covered walkway structures. The reasons stated for the Disapproval are: (1) that the additions and covered walkway structures are proposed at less than 15 feet from the side property line (zero setback, overlapping the property line); (2) that the covered path structures are proposed at less than four feet from any property line (zero Page 4—Minutes March 21,2002 Regular Meeting Southold Town Board of Appeals setback, overlapping the property line); and (3) that the roof overhang of the dwelling will project more than two feet into the side yard on the northern end of the property, leaving a setback at less than the code requirement of 15 feet. 635 Kimberly Lane, Southold; Parcel 70-13-20.04. 8:40 p.m. RESOLUTION ADOPTED: After opening the hearing on Appl. Nol. 5045 — FLOYD KING TRUST, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, TO RECESS the hearing, as requested by the applicant's attorney for a continuation on THURSDAY, APRIL 18,2002. A Variance is requested under Zoning Code Section 100-30A, based on the Building Department's Notice of Disapproval for insufficient lot area, width and depth, due to a proposed change in lot line between Parcels 1000-24-2-26.2 and 26.3, located on Private Road, Orient. This Resolution was duly adopted (5-0). 8:41 p.m. Appl. No. 5065 — P. and M. NICOVIC. (Continued from the February hearing calendar). A Variance is requested under Section 100-244B, based on the Building Department's Notice of Disapproval of a building permit application for an as-built deck with an insufficient rear yard setback at 505 Miriam Road, Mattituck; Parcel 99-1-35.1. 9:00 p.m. Appl. No. 5072 — DR. JERRY CALLIS, et al, Appellants. This is an Appeal Application requesting a Reversal of Building Permit#27894-Z dated 11/13/01 and Certificate of Occupancy #Z- 28096 dated 11/30/01, issued by the Building Department, concerning existing construction referred to as a 60 sq. ft. "platform with monument" located at property owned by JAMES and BARBARA MILLER, 1610 Paradise Point Road, Southold; Parcel 1000-81-3-19.4. (On February 21, 2002, JOHN PETROCELLI and JOSEPH MACARI submitted authorization for Dr. Callis to appeal in their behalf.) (End of public hearings. - Please see written transcript of statements, prepared separately, for actual hearing discussions. III. DELIBERATIONS/DECISIONS: The Board deliberated on the following applications. Please see official Findings, Deliberations and Decision, with the Board's Action incorporated into these Minutes as though fully written and set forth herein; the originals have been filed with the Office of the Town Clerk. Copies of the official determinations, as filed, are attached to this set of Minutes: Denial with Grant of Alternative Relief with Condition(s): Appl. No. Appl. No. 5067— Christopher and Irene Vitti. Approvals with Condition(s): Appl. No. 4998 —E. Sentell Appl. No. 5066— J. Posillico Approval of Lot Waiver to Unmerge: Page 5—Minutes March 21,2002 Regular Meeting Southold Town Board of Appeals Appl. No. 5026— Kavanagh and Inland Homes. (No other determinations were rendered at this time.) IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution adopted: Motion was made by Chairman Goehringer, seconded by Member Oliva, and duly carried, to confirm the following Meeting date changes: March 14 to March 21; April 11 to Thurs., April 18; May 9th to May 16th; (March 28th meeting, no change). This Resolution was duly adopted (5-0). B. (old C). Resolution adopted: Motion was made by Chairman Goehringer, seconded by Member Oliva, and duly carried, to confirm the following calendars for April, May, June for hearings, following inspections, etc. (Assignment Master List was attached for Board's use). This Resolution was duly adopted (5-0). C. (old D). Resolution confirming Appl. No. 5029—A. Youngman for April 18th instead of June calendar for"as built" garage location in violation of ZBA conditions. D. Resolution adopted: Motion was made by Chairman Goehringer, seconded by Member Oliva, and duly carried, to confirm Appl. No. 5088— S. Gicale for the May 186h (instead of April 18th) at the applicant's request. This Resolution was duly adopted (5-0). VI. CANCELLATION OF Agenda Item VI. (There was no Executive Session held.) The Chairman adjourned the meeting at approximately 11:30+- p.m. Respectfully submitted, Decision ttached: Li da ICoi�ai �16'0 G rd P. Goehringer, Chairman Zir�rt' 3/0 > i-,OUR .. TC I