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Home My WebLink AboutZBA-03/28/2002 SPEC APPEALS BOARD MEMBERS SVFFO��- 0�0 QG Southold Town Hall Gerard P. Goehringer, Chairman y� 53095 Main Road = Lydia A. Tortora y P.O. Box 1179 George Horning _ • Southold,New York 11971-0959 Ruth D. Oliva ZBA Fax(631)765-9064 Vincent Orlando l �a Telephone(631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY, MARCH 28, 2002 A Special 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 28, 2002 commencing at 6:45 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member Ruth D. Oliva, Member Vincent Orlando, Member. Also present from the office staff was Board Secretary Linda Kowalski. Absent was: George Horning, Member 6:45 p.m. Chairman Gerard P. Goehringer called the meeting to order. AGENDA ITEM I: STATE ENVIRONMENTAL QUALITY(SEQRA) REVIEW/RESOLUTION. (None). The Board proceeded with the first item on the Agenda (item II), as follows II. 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. 5104— MARTIN KOSMYNKA. An addition with in-ground swimming pool. 1985 Pine Tree Road, Cutchogue; 98-1-11.2. Appl. No. 5074 — CYRIL LUKEMAN, JR., et al. 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, also 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 at 550 Village Lane, Orient; Parcel 25-1-10. Appl. No. 5034—RUST FAMILY PARTNERSHIP. i Page 2—Minutes March 28,2002 Special Meeting Southold Town Board of Appeals Approvals with Condition(s): Appl. No. 5073 — JOHN AND CATHERINE McDONALD. Garage location. 1235 Wunneweta Road, Cutchogue. Appl. No. 5076 — NEVIO and OLGA BLASKOVIC. Front yard at less than 35 feet from the right-of-way to the southwest of the property, and rear yard setback at less than 35 feet. 580 Willow Point Road, Southold; 56-5-29; Lot 26, Map of Willow Point. Approval without Conditions: Appl. No. 5080 — THOMAS FITZPATRICK. 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. Reversal of Decision issued by the Building Department: Appl. No. 5079 — FRANK and ELIZABETH MURPHY. Second kitchen with one-family use status; addition with front yard variance relief, at 600 Bayer Road, Mattituck; 139-3-18.1. (No other determinations were rendered at this time.) III. PUBLIC HEARINGS: The Board opened and held each of the following hearings: 7:05 p.m. Appl. No. 4962 — ROGER J. and LESLIE WALZ. This is a request for a Variance under Article XXIV, Section 100-242A, based on the Building Inspector's May 2, 2001 Notice of Disapproval regarding the proposed second-story addition to existing dwelling. The reason stated in the Notice of Disapproval states that the existing structure has a nonconforming setback of less than 10 feet and 15 feet on the side yards, and as a result, the addition of the second-story represents an increase in the degree of nonconformity. 2505 Old Orchard Road, East Marion; 37-6-5. (Previous hearing was concluded on November 29, 2001, and reopened at the request of applicants for further discussion regarding need for variance.) Eric J. Bressler, Esq. and the applicants, Mr. Roger Walz and Mrs. Leslie Walz, spoke in support of their application. Opposing the application was Mr. Ralph Martin, with Mrs. Martin, who was also present. (Please see written transcript of statements, prepared separately, for actual hearing discussions.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, and duly carried, to close the hearing. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent and excused.) Page 3—Minutes March 28,2002 Special Meeting Southold Town Board of Appeals III. PUBLIC HEARINGS, continued: 7:51 p.m. Appl. No. 5058 - PETER & VAL LEONIAK — (Hearing continued from February 28, 2002). This is a request for Variances under Zoning Code Sections 100-30A.3 and 100-31, based on the Building Inspector's November 29, 2001 Amended Notice of Disapproval. The applicant proposes Parcels 1 and 2, each with less than 40,000 sq. ft. in size. Parcel #1 will also contain less than 125 ft. of lot width (frontage), and includes the existing accessory garage on a lot, presently vacant and without a principal use. Location: 2040 Pine Tree Road, Cutchogue; 1000- 98-1-15, 16 and 17 (approx. 1.5 acres as exists). William Goggins, Esq. spoke in behalf of the applicant, Mrs. Leoniak, who was also present. Opposing the application were Abigail A. Wickham, Esq. and her client, Dr. Thomas Cottral. (Please see written transcript of statements, prepared separately, for actual hearing discussions.) A question was raised by Mr. Goggins as to whether any of the lots were not included in the merger, and he was re-directed to the Building Department. After receiving testimony and discussing the previous request of the Board requesting that the applicant proceed with the Planning Board, motion was made by Chairman Goehringer, seconded by Member Orlando, to recess to hearing to June 20, 2002. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Oliva, Orlando. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). End of hearings. IV. CANCELLATION OF Agenda Item IV regarding possible deliberations of open matters. The Chairman rescheduled pending deliberation matters to the next meeting of the Board (Kace LI, Nicovic). V. CANCELLATION OF Agenda Item V-A. The Chairman canceled this agenda item which was requesting a Resolution to Amend Resolution adopted March 21, 2002, to calendar the following continuation of hearings for Special Meeting of Tuesday, April 30th, instead of April 25th: Appl. No. 5071 —Walter Teresko and E. McGrath. (Continuation of hearing) Appl. No. 5077 and 5078—Theodore and Angela Laoudis. (Await alternative from Applicant prior to continuation of hearing). VI. CANCELLATION OF Agenda Item VI. There was no Executive Session held. The Chairman adjourned the meeting at approximately 9:15 p.m. Respectfully submitted, 1,S��17_f.�a.v J I. .. f A t✓ B �. Decisions Attached: ( Linda KdWalski i1"5102 i Gerard P. Goehr' Chairman af 21; 2 9 T