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HomeMy WebLinkAboutZBA-01/16/2003 AGENDA ;~PE~TALS BOARD MEMBERS Southold Town Hail Gerard P. Goehriage~. ~ 53095 Main Road Lydi~A. Tort/5-Fa , C'~irpersor P.O. Box 1179 George Homing Southold, New York 11971-0959 ~ Ruth D. Oliva ZBA Fax (631) 765-9064 Vineem Orlando Telephone (631) 765-1809 http://south01cltoWn.nor thfork.net BOALRD OF APPEALS TOV~N OFSOUTHOLD 12/23; '12/27; upd. 1/2/03 AGENDA THURSDAY, JANUARY 16, 2003 REGULAR MEETING 9:30 a.m. Call to Order by Chairperson, I. STATE ENVIRONMENTAL QUALITY REVIEW~ DETERMINATIONS (SEQRA): Tvt~e I1 Declarations (No further [ste~s under State Law): Appl. No. 5261 - Henry Santacroce. Appl. No, 5248 - Edward V Werthner. Appl. No. 5227-Charles and Maureen Buckel. Appl. No. 5263 - John and Laurel Kirmish. Appl. No. 5253 - Rita M Jones. Appl. No. 5240 - Scott & Julia Osier. Appl. No, 5250 -J. and CarOl Brady Herzog. Appl. No:5246 - Namro,q HolUin~ Corp. Appl. No~ 5233 - Joseph J Sne enburg. Appl.' No.: 522'1 - Daniel Denn. Appl. No. 5249 Wayne and Mary Olivia Mort. AppL ,N0. 5244 - Eileen Galla~lher. App. ;'No. 52;32 - _Omnipoint Communications (Owner: Junge). Appl ,No. 5259 - Estate of Mfirra¥ Schlussel. Appl, No 5262 -i James Fall6n, Appl. 'No. 5260- Spiros and Irene Papadopoulos. Appl.'~lo. 5229 - Estate of Marie Hiller. Apgt, ~No. 5235 - Carol A. Pearce. Appl, No. 5Z56- Chadotta Dickerson, AppL No. 52;36- Peter and Sonia Pana~opolus, A ppi, No. 52142- ~3ary and Letizia Bloecker. Appl. No. 52,37,~ - Vassitios and Maureen Speleotes. App '. No. 5I~7- Raymond Akscin. AppI,. No. 522,0 - Vincent and Petm Benic. ^ppi. No. 5258 arid 5257 - William Lo s AppI, NO. 5231 - Nancy R. ROss and Others. Appl. No. 5265 - North Fork Bank/Suffolk County Development Aaencv. Appj, ~o. 5252 '- Patricia Jae.der and Joel Perlmuth. App,, NO. 5~:5 -, Gary Gems, ? contract vendee (T. and A. Jordan. Owners). AppL ~0- ~2 - Robert & Barbara Holley. Appl~i'.,lo, 52,38- T; and A. La0udis. Page2 -Agenda apd. 1~2/03 Agenda for January 16, 2003 Southold Town Board o~Appeals It. PUBLIC HEARINGS: Written testimony in lieu of ~xtensive oral testimony is requested and appreciated. All tesb'mony shall be limited to zoning issues properly before the Board. 9:30 a.m. AppL No, 5215 -RON/q2D CASSARA. This is a request £0r Variances umder orions !00-33.and 100~239 4, b~sed On the B~'ldm~ Departmenl,:'s Auto,st 22 Di.sapp~0va:!/~br prOpos~.additio~ ? no~eas~ fif rfwe~ md 'd~aOt/shl[ g)~ . ~ id new accessor~ extending oloser toward the ea~t~erly, h~ ff. !li~e, apd at less,~han 2'00 ~eet approval o£ a noneonf0rming setf)ack at iess than lO0 · fe~t !fi'o~Iae. b~f a,l~ong th6 ~n~ l~lan~ 8otmd o(~ and for ~ accel, b~l~ propm~ ~ an,ar? ~gr~ tfian t~e reqq~fed }ear y~d. Location of Prgperty: 30185 Cabo/c Woods Road, 9:35, a.m ~pp[. No. 5261 - Henry Santacroce. This [sa request for a Variance under Secfions 100-242A and ~00-244B. based on the Building Department's October 30. 2 002 Notice of Disapprove concerning an "as built" deck addition, a per, ion o~ which is less than 50 feet from the roar I)roperty line, at 2520 Pine Tree Road, Cutchogue: Parcel ,1000-104-Z-12. 9:40 a.m. Aopl. No. 5'184- William Siefed (Hearing continuaUon from a request for a Variance under Section 100-242A and 244B, based on the Building Department'.S dune '19, 2002 Notice of Disapproval Applicant is proposing to construct additions/alterations to an existing dwelling with setbacks at less than 35 feet from the front lot line and less than 35 feet --rom the rear lot line, at 7'145 Soundv~ew Avenue, South~)lc~ Parcel 59-6-3. '9:45 a.m. App[. No. 5248 - Edward ¥ Werthner. This is a request for a Variance under DS.ection 400.~244, based on the Building Department's November 20 2002 Notice Isapprovm concerning a new single-family dwelling, under construction, for the reason that a port[on is less than 35 feet from the front property line. Location of Property: '180 Private Road #~2 "Windy Point k~ne", Southold; Parcel '1000-78-6-3.3 (2 and 3.~ co/nbined). (Setback to bulkhead meets code 75 ft., confirmed by Building Dept ) 9:50 a.m. AppL No. 5227 - Charles aaa Maureen Buckel Th~s is a request for a Variance under Section '100-33 based on the Building Department's September '16. 2002 Notice of Disapproval Applicant is proposing to construct an accessory swimming pool m. an area other than a rear yard, at 2695 Uttle Neck Road. Cutchogue; Parcel '1000- 103-'10-2.'1. 9:55 a.m. App'l. No. 5263-- dohn arid Laurel Kkmish. This [sa request for a Variance - under Section 2448 based on the Building Department's October 24, 2002 Notice of .,~'- Disapproval to make additions and allerations to an existing single family dwelling at less © Page 3 - Agenda upd. 1/'2/03 -- Agenda for January 16. 2003 Southold Town Board of Appeals than 15 feet on a single side yard setback, and less than 35 feet ['or total side setbacks. Location of Property:. 15955 Main Road, Mattituck; Parcel 1000-115-1-6. 10~05 a~m. Appl. No. 5253 - Rita 'M Jones. This is a request for a Variance under Sectio, n 1~)0-244B based ob. the Building Department's October 4, 2002 Not, ce of Di~PP~va! c0ncem[ng proposed ~ddifienS/al~.~ratiens te the existing dwelling, portions of ~vhich~ will. be Jess than 1~ feet fro~ one side.yard setback and less. than 25 fi. for total s. ide setba~cks, ftocafion of Property:i~ 1335 Island View Lane, Greenport; Parcel 57~2-1~5. 10:1'0 a.m- AppI,. Ne. 5240 - Scott &!Julia~ Osier. This is a request for a Variance ui~der Sections 100-22~2A and 100-244, ..based on the Building Department's Notice of DiSapproval darted. October 9~ 2002,.~mended ~'ecembe[! 1~, 2002, concerning proposed additions/alterations to the, existing ~wellfng, portions of.whi,ch will I~e less than 15 feet from the side.'property line, and less than 35 fi. total sidt~ yards, on th~s 25.O03 sq. ff. nonc~nform ng. Size~parcel. Locatidn of Property: 2145 Haywatem,Road, Cutchogue; parcet 1000-'[ t' 10:20 a.m. Appl. No. 5250 - J. and Carol Brady Herzog. This is a request for Variances under Section~. ! 00-244B and 239.~1 ~, based on the Building Department's October 15, 2002, Not[ce of Disapproval concer ting proposed additions/alterations to the existing dwelling With: (a) a front setback at ~ss than 40 feet: (b) proposed rear yard setback at less than 35 feet, and (c) less tha 75 feet from the bulkhead at its closest points. Locati'on of Property: 250 Williamsb~ r~ Drive, Southold; Parcel 1000-78-5-8. t0.30 a m .ADi~. No. 5246 N¢,n r~)_g_Ho c~r (.i Cor~ Tn s s a request for a. Vanance unaer, ~ecuor~ 'luu-z44u base(l on [ne ~ul~alng tJepartmen[-s L~ctooer z zuuz Notice of D~sapprOval cor~6em~ng a proposed second-story addition ana porch add,ben, port,OhS of which will be I~,s than 15 feet at its closest point to a side property line. Location of Property. 1935 Laurel Way, Mattituck;' Parcel t000-121-4-22. 10:40 a.m. Appl. No. 5233 - Joseph J. Snelienburq. This is a request for a Variance under Section 1Q0~31A, based on the,.Building Department's September 20, 2002 Notice of Disapproval, concerning applicant's request to amend B.P. #28632-Z for a proposed bathroom addition in an accessory garage building, at 1935 Old Woods Path, Southold; Parcel 1000-87-2:-21 10:45 a.,m. Appl. No, 5221 -.Daniel Denn. This is a request for a Variance under Section 100-30A 4, based on the Building D~partment's August 22 2002 Notice of Disapproval concern!rig a. proposed accessory s~imming pool in an area.other.than the rear yard, at 275 Maj~)r's Path, Southold; Parcel 1000-54-1-26.1. Page4-Agendaupd. l/2/03 Agenda forJanuary16,2003 Southold Town Boa~ of Appeals 10:50 a.m. Appl. No. 52'19 Wayn'e and Mary Olivia Matt. This is a request for a Lot Waiver under Section 100 26, to uinmorgc Marion Manor Lot No. 36, ref. County 3'a~x Parcel 1000 38 3 15, .from Marion M, anor Lot No./13, ref. County T~ Par6e11000 38 3, 24,' Locat!on of Property: :~3''15 ~anc~. 16,10 East Gillette Drive, East Marion; Parcel Nos. 1 O00 38 3' 15' and 2,1, ' Withdrawn I~y Gary Flanner Olsen, attorney for applicant. 11:05~ Eileen t3allaqher. This is a request for a Special ExceptiOn under ~ rApartment in conjunction wi~[~ 1 Parcel 1000-87L3-51. 11:10 a.m. Appt. Ne. 5232 - Jun, ge; This is a request for; of equipment related to a communications antenna, to be affixed on, an existing mon0pole, at 21855 C.R_ 48, Cutcho~ru¢; Pa~ce! 1000-96-]-tP, t_ 11:30 a.m Appl. No. 5259 - Estate of Murray Schlussel. This ~s a request for a Varian,,(~_; under Section 100-32,,. based on the Building Department's September 24, 2002 Notice of Disappre'~al ,concernihg a proposed dwelling with a front yard setback at less than 50 feet fr~)m thee front p, roperty line at its closets point, Location of Property: 3085 Stillwater Avenue, Cutchoc~Ue; Parcel Nos. 1000-136~2-6, 7 and 8 (combined as one lot of 62,730+- sq. ft. total area). 1:00 p.m. Appl. No. 5262 - James Falton. This, is a request for a Variance under side yard' rather than entirely in the rear yard, at 3050'Fairway Drive. Cutchogue; Parcel 1000-109-5-14 and 16 (as one combined lot). 1:10 p,m. Appt. No. 5260 - Spires anc Irene Papadopoulos. This is a request for a Variance under Sectibn 100-30A, 4 2ased on-the Building Department's October 2.1, 2002 Notice of Disapproval concerning a gazebo proposed in an area other than the rear yard, at 565 Inlet Lane, Greenport; Parcel 1000-43-4-34. 1:15 p,m. Appl. No. 5229 - Estate :)f Marie Hiller. A Lot Waiver is requested under Section 100-26 to unmerge two merged'parcels, one being the northerly (vacant 1000- 123-3-2) portion containing 18,447'sc ft. of land area proposed for a future dwelling, and the other being the southerly 31,031 sq. ft. portion,(improved) (1000-123-3-.4.1). The Bu dng Department .n ts. Juy 19,. 2002 Notce. of Dsapprova, determ ned that. this property has merged due to common, ownership after July 1, 1983 (May 1, 1983). Location of Property: 125 and 165 Bungalow Lade, Mattituck (des~;ribed land). Olsen & Olsen Page 5 - Agenda 'upd. 1/2103 Agenda far January 16, 2003 Southo d Town Beard of Appeals C 1:45 p.m. Appl. No. 5235 - Carol A. Pearce. This is a request for a Variance under 1,00-24~4B, the September 16, 2002 Notice of alterations to [he existing dwelling, I'from the front property line. Location ofF'roper[y; 1000-38.-5-2. Th s is a req, uest for Variances under fhe Building Department's September 3, )f a dwelling replacir)g the t from the top of the' bluff of the Long Is building in a, side yard a~ea_ Location of Property: 4630 :; Parcel 1000~74-1-355,1. 2:0Q p.m. AppL No. 5236 - Peter and Sonia Panaqopelus This is a request for a Variance under Section ¢I00:239.4A.,'L based on [he Building: Department's September 30, 2002 Not!ce of Disapproval con,em nga proposed dwelling at ess than 100 feet from t~e top.~bf Re 'bluf~ o[ the Long lela:nd Sound'. at its closest pont. Location of 2-7o!Pr°pe~y: '1~ strand Way, Pebble Beach Farms Lot 122, East Marion; Parcel 1000-30- _ 2:05 p.m. Appl. No. 5242 - Gary and Letizia Bloecker. This is a request for a Vadance u.nd_.~r Section 100-244 based, an.the Building Department's September 30, 2002 Notice or D~sapprova~ concerning proposed additions/alterations to the existing dwelling with a , PrpRo~s ,ef~,~., ~ront yard setbac at ess t an ~5 ' - 2:10 p.m. Appl. No. 5237 - Vassilios and Maureen Speleotes. This is a request for a Vadance under Sect on 100-244B based on the Building Department's August 7, 2002 Notice'of Disapproval concerning proposed deck additions with a proposed front setback at less thah 40 feet and prolJosed .rear yard setbacl~ at less than '50 feet, at 115 Sound Drive, Greenport; Parcel 1000-33-4-60. 2:15 p.m Appl. No. 5187 - Raymond Akscin. Hearing Reopened by Resolution of the Board adopted November 14. 2002T~is is a rehearing, pursuant to the November 14. 2002 ResOlution of the Board. concefning applicant's requests for Lol Waivers under Section 100-26 to unmerge: (a) a vabant ~arcel.of 20,000+- sq .ft. referred to as 1000- 89.-2~.5~2, (b) a vacant parcel of 20,000+- sq.;ft.' re)~rred to as 1000-89:2-3,.- and (c)'a~ .~mproved ot with 1~.6+r acres of and remaining (eferred to as .1000-89-2-5.1. Based on the Build ng Department's April 12, 2002 Notice of Disap~r~)va, corrected September 25, 2002; the properties have merged uncer Section 100-25 due to common ownership with .the .first Io!, at any t, iroe a.~,er-July 1, ~c 83. Zone D str ct R,80 Residential. Location of .Page'6 ~-Aget~da :upd. 1/2/03© O Agenda for January 16, 2003 $outhold Town Board of Appeals 2:20 p.m. Appl No. 5220 ~ Vincent and Petra Benic. This is a request for a Variance under Section 100-231, based on the Building Department's Ju~y 1, 2002 Notice of Disapproval concerning the height~ of a proposed fence which will exceed the code's height limitation of four feet, at 1375 Pine Neck Road, South01d; Parcel 1000-70-5-39. 2:25 p.m. William Lois Appl No. 5258 as to 58105 North Road, Greenport, referred [o L ~ as Parcel 44-2-9, and App. No. 5257 as to 57875 Nort~ Road, Greenport referred to as Parcel 44-2-8. Vadan,ces are requ,~,sted under Section 100-23t, based on the Building De~)artment's Oct0be'r 28 2002 NotiCes of Disapproval c0r~ceming fences proposed with a height over the COde limited four f&et when located along a. front yard. p. Moore, Esq. 2:3.5 p.m. AppL No 5231 - Nancy E~!:. Ross and Othere. This is a ~quest for a VarianCe under Sectio~ 100'-244:B, based o~ the Building Department'S september 19, 2002 NotiCe of DisapP~val concern.ing ~ pmpesed new dwelling, after, demolition of the existing building, with a front yard aqd rear yards at less.than 35, feet, le~s than 1;0 ff, on one side yard,',an~ less than 35 feet for total s de, yacds. Locat~n Of-Property: 3350 (Town Housef¢115) Park Avenue, M~attituOk; Parce(10:O0-123-8-22.2. 2:40 ~.m. AppJ. No. 5 - North Foi'k Bank/Suffolk County Development Agencv. This is a 100-q030 based on the October 22, 2002 ~ nonconforming e proposed construction will be 360+- le structure to not more than Location of Property: 8885 Main Road, i Fischetfi, P.E. 2:50 p.m, AppL No. 5225 - Rober and Celia Swing. (Carryover from December 12, 2002.) Thi,s, is a request for a Vadaq~e under Section 100-244B based' on the Building Departments August 221,i 2002, ame, n. ded DeCember 113, 2002, Notice of Disapproval, concerning the 'noncon~Srmi~g setb,a~' lo,cation of proposed ~'as built additions and alteret'ioris at ess than,, i0 feet. Con~,~ 'sirlgle ~. de. yard. and ress~ than the min mum requirement of 25i feet fo~ total s~de y~ds. Location of Property: 445 Island View Ddve, Greenport; 57-2-27. 2:50 p.m. Appl No. 5247 Joan Lan~cmyr. This is a request for a Lot Waiver under Section~ 100 26, t9 .separate 1000 104 6 12.1 (vacant) from 1000 104 6 13. Based on the 'Building Department S.August 121 2002 Notice of Disapproval, the properties have merged duc to comtmon 0wncrship at, any ti,mo after July ,1, 1983. Location of Property: 900 and 770 Oa'k ~r ye, Cutchogue (descr ~ed propert es) 3:00 p.m. Appl. No. 5252 - Patricia Jaeqerand Joel Pedmuth. This is a request for a Variance under Section 100-244. based on 'the Building Department's October 9, 2002 , © Page 7-Agenda upd, 112/03 Agenda for January 16, 2003 So~thold Town Board ;ofAppeal~ Notice of Disapprova~ concerning a proposed front addition at less than 35 feet from the front lot line at its closest point. Location of Property: 420 Mill Creek Drive, Southold; Parcel 1000-135-3-45. 3:10 p.m. Appl. No. 5245 - GarvGems, as contract vendee (Thomas and Annette Jordan. Owners). This is a request for a Vadance under Section 100-244B, based on {he Building Department's October 9~, 2002 Notice of Disapproval concerning a proposed new dwelling with a frontyard setb~ick at less than 40 feet. Location of Property: 1680 Brigantine Ddve, soutl'Jold; Parcel 1000-79~4-25.~ 3:15 p.m. App,. No. 4942 - Breezy Round Shores (Continued hearing). 3:30 p.m. Appl. No. 5222 - Robert & Barbara Holler, Thi.,s. is a request for a Variance under section 100-33C, based On the Building Departments August 28, 2002 Notice of Disapproval for conStruCtion of an accessory garage with a front yard setback at less than 40 feet. Location o.f Property: 1085 Bay Shore Rd., Greenport; Parcel 1000-53-3- 13. l. Suffolk Environmental Consuhing. 3:35 p.m. Appl No. 5238 - T. and A. Laoudis. This i~ a request for a Variance under Section 100-~0A.3, based on the Building ,Department s September 29, 2002 Notice of Disapproval (~onceming ,a proposed carport addition to dwelling which is proposed at less than 50 feet fr, om the front property line. Location of Property: 405 Kimberly Lane Southold; Parcel' 1000-70-13-20.35. 3:45 p.m. Appl. No. 5051 - Cliff And Phil's Lobster House. (This Headng is limited to NeW York Town Law's standards pertaining to Use-Variances and Zoning Board's evaluation, questions, and/or requestS'for information pertaining,to a reasonable financial retbm on this property,). Based onlthe Building Departments Notice of Disapproval issued November 13, 2001, amend~l/updated ~)ctober 22 2002, applicant requests zoning determ nations fbi: (a) an Intbrpretation under Article XXIV. Section 100-243 to Building Department's determination which states that the proposed an existing restaurant establishment is not permitted in a or alternatively a Variance authorizing the proposed addition to nonconforming use in a nonconforming building; and (b) a requested under Section 100-244B for an addition to the feet from the front property line. Location of and the south side of North Sea Ddve End of hearings. III. POSSIBLE DELIBERATIONS/DECISIONS on the followina applications: Agenda for January 16, 2003 Southold Town Board of Appeals A. Carryovers from previous meeting calendars: (insert updates or carryovers from special meeting of January 9, 2003). B. DelJberafions/Decisions from Public~!~Heafings held eadier this evening {see Agenda Item supra). tV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. NewHearings/Regular Me~ting Date confirmed: 6:00 p.m, February 20th, 2003, B. Special Meeting reminder MarCh 6~, 2003= at 6:45 p.m. for carryovers/decisions as appropriate. C, Resolutions calendaring he,~rings for Februapj 20, 2003 commencing at 6:00 p.m. (tentative liSt furnished selSarately for Board Members file reviews, etc.) V. POSSIBLE EXECUTIVE SESSION (litigation pending - t/b/d).