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HomeMy WebLinkAboutZBA-11/15/2001 AGENDA 'g2PPEALS, BOARD MEMBERS - Southold Town Hall Gerard R Goehringer, Chairman 53095 Main Road James Dinizio, Jr. ( Re. Box 1179 Lydia A. Tortora "r -- t?,'~/O Southoid, New York 11971-0959 Lora S. Collins {_ /~(~_ t~ ZBA Fax (631 ~ 765-9064 ~eorge Hornktg ~ ~j Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 10125; 10/29; 11/8; upd. 11114 AGENDA REGULAR MEETING THURSDAYi NOVEMBER 15, 2001 ~.m. Call to Order. I. STATE ENVIRONMENTAL QUALIT~ [SEQRA~ REVIEWS/RESOLUTION:~ Type IIDeclarations: ~ '~ Appl;' No. 5030 - Fred and Mary Milner. Cabana location. Appl.~ No. 5028 - Ann Lenceski. Deck location. Appl; No. 5020 -Bruce and Maureen Campbell. Garage location. ~Apl~I. NO..5027 - Joseph Bendowski. Location of new garage. ,~Al~i~iNo. 5021 -T. and A. Jordan. unmerge two lots. Ap~l. No, 5022- C; Lynch for Jane Bear. Addition setback. Appl?No. 5024 - RObert Rutkosld. ~ Pool/yard location. , Appk No. 5029 - R. Krudop Setback of dwelling re ocat on and garage relocation. 5026 - Inland Homes/Kavanagh. Unmerge two lots. ~ Leslie Walz. Interpretation to Reverse determinafl0nlnonconform'~hg setbacks for ORS. B. Unliste~d~fions with Negative (No Environm. en!al Effeot) Declaration Apgi!: NO,. ~017 - First Baptist Church of Cutchogue. Ap~l!i N{.!~18 - St. ~eter's Lutheran ChUrch.. Ap~l. N~ ~020-North FOrk Country Club2 Building Iooation and lot II. PUBLIC HEARINGS (Please furnish Afl, levite of Po?ting returned signature cards, etc. at, or before your.sch~edt~led hearing.) .Whemposs~ble~wrttte~ tesfimonyjs, requested ~n heu of extensive oral testimony~i' ~ral teStimony is recommended,to,be limited to issues properly before the Board. ~ ~ ~ i~'~''o ~,, P~,t,l'~m~; in the Matter of Appl.. No. 4927 -~ KACE LI, INC. ~~ms Reversal of the Building Inspector's Notice of ~{~W~-'Disapproval dat~ Jenie, d an application for a t ~ $ ~ building permit t IV, Section ~100-42A.2. The ~,~'~}~ reason stated is that t (~£~) several two-fan allows only one ['W~'~'~ Such structure itted use. Zone Hamlet-Density (HD). Location of I .~ of North Road (alkla C.R~ 48) (now~Or formerly Page 2 of 5 - Agenda (rJpd. 11/14/01: November 15. 2001 Regular Meeting Southold Town Board of Appeals referred to as "Northwind Village" site), 500+- feet east of Chapel Lane, Greenport.; Parcel #1000-40-3-1. Matthew Pachman, Esq. /~¢.~d_~Z~ (~; ~>~ ~ p.m. Appl. No. 4965 - NORMA MILLER. This is a request for a Variance under Article III, Section 100-31A.2, based on the Building Inspector's May 21, 2001 Notice of Disapproval for the reason that renovation of the existing accessory .building constitutes a second dwelling use on a lot, Location of Property: 12920 Main Road, East Marion; Parcel 1000-31-14-14. /~; ~]"ST35.p.m. Appl. No. 5030 - FRED AND MARY MILNER. This is a request for a ,Variance under Article IliA, Section 100-30A.4, based on the Building Inspector's '/~,.~. August 9, 2001 Notice of Disapproval which states that the accessory pool house ~' structure is required to be located in the rear yard, and the pool house, as placed, is located in the side yard. Location of Property: 985 White Eagle Drive, Laurel; t~/&~/~w.~P~arcel 1000-127-9-22. ~---~bo_~ ~/'L¢.~ ~;EO 644g-p.m. Appl. No. 5028 - ANN LENCESKI. This is a request for a Variance under Section 100-239.4 based on the Building Inspector's August 6, 2001 Notice of Disapproval. Applicant is proposing to construct a deck addition which will be less than seventy-five (75) feet from the bulkhead at 3700 Minnehaha Boulevard, Southold; Parcel 1000-87-3-5. (~ ~.~2~./~x~_ "~ ~o~ 6~-5~p.m. Appl. No. 5017 - THE FIRST BAPTIST CHURCH OF CUTCHOGUE. ~This is a request for a Special Exception under Zoning Code Section 100-31B(2) for a Place of Worship and related accessory uses, at 15945 County Road 48 (a/Ida Middle Road), Cutchogue; Parcel 1000-101-1-14.5. Diane Harold, Architect. ~?~' -Tr0~p.m. Appl. No. 5018 - ST. PETEr'S LUTHERAN CHURCH. This is a request for a Special Exception under Zoning Code Sections 100-31B(2), and 100- 81b(1), for expansion/additions to an existing Place of Worship, at 71305 Main Road (a/Ida Route 25), Greenport; Parcel 1000-45-2-7.1. Zone District: Limited Business. Diane Harold, Architect. ~/~:(. ~ ,/¢~ ~7~'/,F ~p.m. Appl. NO. 5020 - BRUCE AND MAUREEN CAMPBELL.' This is a request for a Variance under Article III, Section 100-33, based on the Building Inspector's August 13, 2001-Notice of Disapproval. Applicants are proposing to construct an accessory garage in a front yard location instead of the required rear yard at 620 Meday Avenue, Mattituck; Parcel 1000-113-10-15.7. Page 3 of' 5 - Agenda (~Jpd. November 15, 200 t Regular Meeting Southold Town Board of Appeals Appl. No. 5027 - JOSEPH BENDOWSKI. This is a-~request for a ¥ garage with nonconforming setbacks, ~he Building Inspector's September 26, 200'1· Notice Of Disapproval under 10~242A 'for the, following, reasons: (1) the proposed reconstruction of~the accessory garagewill increase the degree of nonconformance garage measures gre~ater than 18 feet under Section Mattituck; 1000-123438-19. No.: 502.-1- . and ANNETTE JORDAN,~ This is a on :)id. a Variance under Article IliA, Section 100-30A. ptember 4...2001 Notice of;Disa'ppr6v~l which ouse and frame! shed addition to dwelling', do not rear yard setback requi~'ement. Location of Property: ,374 ~lNampum Way, Sduthold; Parcel 1000-87-2-37 & 3~8 (combined). . -,'..~.,0,,~: ,~. :,~ ,~' ,'~-~'.., ~... {., /I~..~' ~ . ~.~;/7;'~ .r.r-:40' p.,'n3. Appl. No...5024~- ROBERT RUTKOSKI. This is a request for a ~ #~,, ~_;' ...., , ..Variance under Article ,111. ~Sect~on 100-33, based, on the~ Building Inspectors ~ ~ '.~?.,;~"{ ,.., · ~,~ .... .. . , ; ., .. ., :,... ~' .... !S. epten'.:ber. 1.2;~2,001..N..,ot~c.e. of D~sapproval., Ap0.1!ca.nt~,~s pro~smg to construct an · t h~g¢.~iJnd sw mm rig .iboo ' h, a yard area del ned I~y~.tlSe.Code' as front yard. (The 'B.uddlrt;! Depa .r3, mont .confirmed that this lot[has twmfront yards and two side.yards, and th~.t..the Cdde do~s not define a rear yaid for: thi~i,p, arcel based on its frontages.) L. ocati¢'n of'Pro .-~. 1~ 16~'C.R..~,8. Mattituck: Parc61 1000-108-1-2. ,.~.,,:'.,~.,&{'.,," ' ': E,t.,~2., / '~' ' ~ . . ~ ~,,~ ~"~'"';.p'F~,Tr~l/~.... /'' .... I FORK[C_O..UNTI~B~.,, i ' "' Th,s Is a request ..... 2 - 100-3.1B(7)',',,,and ~,~l~ ~XtV, Section 100- ~44B, based;,ol September: ~..t Zb~0~. hb~:l~e of Disapproval. ,~/'~,,.~L :, , ';~ ..,'...~ ,ii'i. ,..',- The D sapp. royal i.s th~ auildingkP.'ermit,~27135 was issued in ~ ~' '" :i'~' .Idclated ht le§s ~h~h' ' ' f/'om the rear lot line, is , , ~xceeds the 20% lot h'u~ (alkla Moore's Laile), D'istHct: RO Residential ia ~,~e. 'Esq. ~.~,~ ,. ,, . .... ,.~/_: ~,, ,~.. ..... ,. Page 4 of 5 - Ager~da (Upd. I1/14/01. November 15, 2001 Regular Meeting Southold Town Board of Appeals ?.'q'O '800~ p.m. Appl. No. 5029 - ROBERT KRUDOP. This is a request for a Variance under Article XXIV, Section 100-243A. based on the Building zOC/rda"~September 26, 2001 Notice of Disapproval. /~pplicant is proposing to move dwelling to a new location with a side yard setback at loss than ten {10) foot, at its closest point, and to relocate an accessory framed garage in a nonconforming location, at 170 Iuthill Lane, Cutehogue; Parcel 1000-96-1-8. The reason for the Disapproval is that a nonconforming building containing a nonconforming residential use in this Light Industrial Zone District, shall not be enlarged, reconstructed, or structurally altered or moved. ("~4'~.~ -/4d~-d~x2.. >7~2~. //~}9~0~5~ ~,?',5D -8.-q-0 p.m. Appl. No. 5026 - INLAND HOMES, INC. {KAVANAGH) This is a request under Code Section 100-26 for a Lot Waiver to Unmerge property shown on the County Maps as 1000-1t0-3-31 from 1000-110-3-32. This request is Suffolk Tax based on the Building Inspector's September 24, 2001 Notice of Disapproval which states that Lot 31 has merged with an adjacent lot to the north (1000-110-3-32) pursuant to Section 100-25 which lots have been held in common ownersh ip during a period of time after July 1, 1983. Location of Property: 4400 Pequash Avenue and .95 Midwood Road, Cutchogue, ~NY.' Patricip Moore, Esq. ,/~fi '843~ p.m. ROGER AND LESLIE WALZ. Lo(~ation of Property: 2505 Old Orchard Road, East Marion; Parcel 1000-37-6-5: -~,~4~- (1) AppI. No. 5038- This isdn Amended Appeal for an Interpretation of /_~ ~ the Southold Town Zoning Code, Section~'~00-242A, requesting a 0fi~F_J~. determination that additions and alterations w~th~n or over the footprint of ~*~-~,' existing dwellings with nonconforming setbacks do not create any new ~.~ · nonconformance or increase the degree of nonconformance with regard to ~/-4~ the zoning regulations, and Reversal of the Building Inspector's May 2, 2001 ~_ Notice of Disapproval. Code Section 100-242A states that: Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. (2) Appl. NO. 4962 - (Carryover from September hearing calendar). Appeal requesting a Variance under Article IV, Section 100-242A, based on the Building Inspector's May 2, 2001 corrected Notice of Disapproval. The Notice of Disapproval states that the existing structure has a nonconforming setback of three feet from the easterly side lot line and 6.5 feet from the west side line, and as a result, the second-story addition represents an increase in the degree of nonconformity. Wickham~ ,Wickham & Bressler, P.C. Page 5 of 5 - Agenda (TJpd. ti/14/01) Novembei- 15, 2001 Regular Meeting Southold Town Board of Appeals ,, A. Possible Resolution to Extend Time, requested by apph~ant s 'a~omey, for area variance fo~ two lots, as amended from the thre~ lot proposal~ Appl¢ No. 4995 - E, LEONIAK. B. Othem deemed appropriate by Board (~om ~n ~ght's hearing list, II). IV. RESOLUTIONS/UPDATES/OTHER: ~A; New application reviews for November, December and Janua~. ~B. Special Meeting Bate: November 29, 2001 -6:45 p.m. ~Resolution~to Approve Min~es for October 18, Oct. 25 and Sept. 20, 2001. V. EXECUT~E SESSION (if any). November 15, 2001 ZBA Regular Meeting WALZ Hearing~ continued: Motion by Chairman Goehringer to RECESS this hearing until the next regularly scheduled meeting; it will be closed at approximately 6:30 p.m.; I will review those documents that I so indicated by Architect Brown that I didn't~ understand that so sort of speak, and I'll justify that in my own mind and if I have questions, ! will call you. So that is the standing. Have a safe home everybody, or get home safe. And have a Happy Holiday. I offer that as a resolution. Seconded and carried. Anthony Tohill, Esq.: I am the attorney for many of the neighbors. By the way on behalf of Mr. Pachman, his client, my clients, thank the Board for meeting with us earlier than usual, I understand to be extraordinary and it speaks the interest and sincerity of the Board to address this. I'm prepared this evening to address what I understand the.issues. I understand the issues basi~on my reading and analysis of the minutes of September 20, 2001 as well as the entire Zoning Board file as well as the Planning Board files as they relate to this property. I am here this evening with my clients. They include the following families: the Farabenos, Campbells, the Bo-- , the Grazescs, Maniks, Pipers, ... Young and Wall. I plan to hand up some exhibits - not too many. Three.