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HomeMy WebLinkAboutZBA-04/18/2002 AgendaAPPEALS BOARD MEMBERS Gerard P. Goehringcr, Chairman Lydia A. Tortora (icor~e t~orning 5: 5 L 'Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.nct 4/12; upd. 4/18 AGENDA THURSDAY, APRIL 18, 2002 REGULAR MEETING 5:30 p.m. Call to Order. 1. STATE ENVIRONMENTAL OUAL1TY REVIEWS/DETERMINATIONS (SEQRA): Type 11 Declarations (No further steps under State Law): Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. Appl. No. setbacks. Appl. No. 5121 - Appl. No. 5129 - 5082 - P. Ahlers. Storage building location. 5083 - A. Carnesi, Dwelling location. 5084 - 640 Church St. LLC. Building frontage (width) and location. 5085 - J. and C. Kistmer. Storage building location. 5086 - J. and K. Ahearn. Deck location and lot coverage total. 5087 - J. Wood. Lot coverage for new accessory building construction. 5090 - J. and S. Bedell. Setback for additions/alterations to dwelling. 5091 - R. and D. Young. Accessory building replacement - location. 5092 - R. and J. Arnold. Deck location. 5094 - D. Buskard. Pool location. 5096 - Gus-Mar Realty. Dwelling front yard setbacks. 5097 - J. and C. Sleckman. Dwelling reconstruction with addition, and Custom Designer Homes. Yard location for dwelling. Arlene Youngman. Relief from ZB Condition of 10/25/01 under Appl. No. 5013. Setbacks of accessory garage. Appl. No. 5068, in part - C. and G. Dawson. Reversal of B.Dept. decision (see below for area variance). Appl. No. 5093, in part - Edgewater IlL Fence height only. Other, Pending, Determination as to Effect on the Environment: Appl. No. 5093, inpart-EdgewaterIlI. Darklightingoftenniscourt. Unlisted Declarations with Ne~ative Effect on the Environment: Appl. No. 5093 - Edgewater III. Structural alterations to non-habitable accessory building. Page 2 o1'6 Agenda upd. 4/18/(12 Meeliug of Thursday, ~,p]'il 18, 2002 Soudmld T{mn Board of \ppeals 11. Pll~BLIC HEARINGS: (Please furuish Affidavits of Posting, returned siguature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of exteosive oral testimony. All testimony should be limited to zoning issues properly before the Board.) (' ~;~40' p.m. Appl. No. 5045 - FLOYD KING TRUST. (Continuation from Jauuary 10, 2002 Hearing Calendar as requested bg applicant). .r. ff~5~5-p.m. Appl. No. 5082 - PAUL AHLERS. This is a request for a Variance under Section 100-33C and 100-30A.4, based on the Building Department's January 8, 2002, updated April 9, 2002 Notice of Disapproval, regarding applicant's plan to locate an accessory storage building with a setback at less than five feet from the side property line and less than 40 feet ~ from. the front property line, at 1905 Gull Pond Lane, Greenport; 35-4-16. ~'p.m. Appl. No. 5083 - ANTHONY CARNESI. This is a request for a Variance under Section 100-242-A and 100-244B based on the Building Department's January 25, 2002 ~iIL~CI~ Amended Notice of Disapproval regarding applicant's building permit application for the "as built" location of addition(s)/alterations, at 3565 Cedar Beach Road, Southold; 93-1-6.2. The reasons stated in the Notice of Disapproval is that the "as built" dwelling is less than 15 feet and 20 feet on the side yards, and has a total side yard of less than 35 feet, and the proposed ;addition/alteration increases the degree of non-conformance. "w~:~;fllLp.m. Appl. No. 5084 - 640 CHURCH ST, LLC. This is a request for a Variance under Sections 100-143.A and 100-142, based on the Building Department's January 10, 2002 Notice of Disapproval. Applicant is proposing to construct a new building located in the Light- Industrial Zone District, with a building frontage (width) greater than 60 ft. long, and at less ~ than 70 feet from the rear property line, at 640 Clxurch Lane. Cutchogue; 96~1-11 1 f_,~{~'$..p.m. Appl. No. 5085 - JOHN and CYNTHIA KIST~ER. This is a request for a p,'~Variance under Section 100-33, based on the Building Department's November 20, 2001 Notice of Disapproval for the "as built" location of an accessory storage building in an area /C~~other than the required rear yard, at 300 Hoiden Avenue, Cutchogue; 110-2-9. ;~/~ p.m. Appl. No. 5086 -JOHN AND KATHLEEN AHEARN. This is a request for a t~,cAo~ Variance under Sections 100-242A and 100-244B, based on the Building Department's January 14, 2002 Notice of Disapproval. Applicants have requested a building permit for construction of a rear deck addition which does not meet the side yard requirement of 10 feet on one side and 15 feet on the other side, and which exceeds the 20 percent lot coverage limitation of the code. Location of Property: 480 Dawn Drive, Greenport; 35-5-13. Pa~e3of6 Agenda upd. 4/18/02 [Meetin~ o1' Fhursday, April 18, 2002 II. PUBLIC HEARINGS, continued: Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zouing issues properly before the Board.) . -6r'.3'~p.m. Appl. No. 5087 - JOAN WOOD. This is a request for a Variance under Section 100-244B based on the Building Department's December 20, 2001 Notice of Disapproval. Applicant is proposing to construct additions/alterations to a nonconforming accessory building with a total lot coverage exceeding the code limitation of 20 percent; at 8 10 Peconic Bay Boulevard, Laurel; Parcel 126-5-5. '~p.m. Appl. No. 5089 - GARY AND JOANNA CAMPO. This is a request for a Variance under Section 100-244B, based on the Building Department's January 31, 2002 Notice of Disapproval. Applicant is proposing to construct an addition at less than 35 feet from the rear property line, at 650 Three Waters Lane, Orient; Parcel 15-6-24. ~.m. Appl. No. 5090 - JOHN AND SUSAN BEDELL. This is a request for a Variance under Section 100-244B, based on the Building Department's January 25, 2002 Notice of Disapproval. Applicant is proposing to construct additions and alterations to dwelling which will be less than 50 feet from the front property line, at 375 Wampum Way, Southold; Parcel 87-2-37 and 38 (combined as one lot). ~,~/)'~00..p.m. Appl. No. 5091 - ROBERT S. and DOROTHY YOUNG. This is a request for a Variance under Section 100-33, based on the Building Department's February 4, 2002 Notice of Disapproval. Applicants propose a new accessory garage as a replacement with enlargement at less than ten feet from the closest lot line, at 62615 North Road, Greenport; 40.8. ;~u$'pm Appl No 5092-R AND J ARNOLD This is a request for a Variance under S;ctio; 1;0-239.~B, ~ased on th; Buildl;g tnspecto/'s January 20o2 Notice of Disapproval. Applicant is proposing to construct a rear deck addition with a setback at less than 75 feet from a wood retaining wall, at 2105 Bay Shore Road, Greenport; 53-4-13. ~n]:~7;10 p.m. Appl. No. 5093 - EDGEWATER IlL This is a request for a Variance under Sections 100-231, and 100-31C.4B, based on the Building Department s Amended February 27, 2002 Notice of Disapproval· Applicant proposes: (1) after-dark lighting, a prohibited use, for a proposed accessory private tennis court structure, and (2) tennis court fencing over the height limitation of the code for an accessory private tennis court Location of Property' Route 48 a/k/a M~ddle Road, Greenport; 40-1-21. Page 4 of 6 Agemla upd. 4/18/112 3~leeting ol' 'l horsdtl)r April 18. 2002 Soulhold I'owll lh>al'd (}f X. ppeals 1I. PUBLIC HEARINGS, continued: Please furnish Affidavits of Posting, returned signature cards, etc. at, or before your scheduled hearing.) When pussible, written testimony is requested in lieu of extensive oral testimony. All testimony should be limited to zoning issnes properly before the Board ) /~/~(... "/~p.m. Appl. No. 5094 - DONALD BUSKARD. This is a request for a Variance under ~bo~ection 100-33 based on the Building Inspector's February 1, 2002 Notice of Disapproval, egarding the location of a proposed accessory swimming pool structure, at 2705 Gillette Drive, East Marion; 38-3-21.1. (u~/-~ - ~'~".~?~ p.m. Appl. No. 5096 - GUS-MAR REALTY. This isa request fora Variance under Section 100-244B based on the Building Department's February 7, 2002 Notice of Disapproval /for the location of a new dwelling at less than 40 feet from both front property lines, at 380 ~?D~LMarina Lane, East Marion; 35-8-5.14. /VrC'~7:~'0-P-m. Appl. No. 5097 - J. AND C. SLECKMAN. This is a request for a Variance under Section 100-242A and 100-244B, based on the Building Inspector's January 28, 2002 Notice of Disapproval regarding the reconstruction of the dwelling with addition(s). The proposed lg~f~t' construction with addition is "as built" at less than 10 feet on one side yard and less than the g. ~ minimum 25 feet total for both sides, at 150 Oak Avenue, Southold; 77-2-5. · "~0~p.m. Appl. No. 5121 - Ct~SrOM DESIGNER HOMES, INC. This is a request for a Variance under Section 100-32 based on the Building Department's March 4, 2002 Notice of Disapproval, regarding the "as built" location of a proposed new dwelling, at less than 50 feet from a front property line facing a right-of-way, at 4700 Main Road, Greenport; 35-5-5.1. ~ p.m. Appl. No. 5129 - ARLENE YOUNGMAN. This is a request for a Variance under Section 100-33C, based on the Building Department's February 22, 2002 Notice of Disapproval, requesting relief from the setbacks restricted under ZBA Appeal No. 5013 dated October 25, 2001, for an accessory garage building. The "as built" location of the garage building is less than 10 feet from the side property line and less than 20 feet from the front property line, at its closest points. Location: 1010 Salt Marsh Lane, Peconic; 68-3-6. gr00-p.m. Appl. No. 5075 - D1ANNE DANEK. This is a request for a Special Exception permit under Zoning Code Section 100-31B-14 to establish a Bed and Breakfast Use as an accessory to the applicant-owner's single-family dwelling use at 290 Private Road #32, also referred to as Great Pond Way, Minor Subdivision of Community Development Agency Lot #3, Southold; 59-9-10.3. Applicant proposes lodging for up to four (4) guests and a maximum of two (2) guest B & B rooms, as owner-resident occupying this dwelling. Page 5 of O Agemla upd. 4/18/02 5 eeting of rl'l]tll-sdav, \pril 18, 2002 Soothohl I o~ru Board ol' Appeals 11. PUBI,IC HEARINGS, continned: Please furnish Affidavits of Pusting, retorued signature cards, etc. at, or before your scheduled hearing.) When possible, written testimony is requested in lieu ~ensiy. e oral testimony. All testimony should be limited to zoning issues properly' before the Board. '""SzOS'p.m. AppL No. 5068 - CHRISTINE AND GLENN DAWSON, regarding a request for a Certificate of Occupancy for two single-family residential structures located at 150 Broadwaters Road, Cutchogue;1000-104-10-8.Applicants: (1) request an Interpretation of Section 100-241G and 100-242A of the Zoning Code; and (2) Appeal for a Variance or other reliel; regarding the Building Department's Notice of Disapproval dated December 14, 2001, which states that an Accessory, nonconforming cottage is non-habitable based upon the Building Inspector's Housing Code Inspection Report of 4/13/00 and pursuant to Article XXIV, Section' 100-241G, which states: ~, ~__ Whenever a nonconforming use of a building or premises has been discontinued fora ff~. period of more than two (2) years or has been changed to a higher classification or to a ~4/~ conforming use, anything in this Article to the contrary notwithstanding, the ~ nonconforming use of such building or premises shall no longer be permitted unless a I/Lq(~M~ variance therefor shall have been granted by the Board of Appeals. 8:35 ~.~. Appl. No.~077 and 597~'x'x. THEODOR~I<AOUDIS. (Aw~ revised maps for Board re'Cie.w by Frida~April 12'al. "Lq~ntinuation fr"Ml; the March 2'h~002 Calendar. ~ 9:'-~'-~ -~x/b'?~/~A ~C'~''''x ~' Hearings End of hearings. ~5L~,.2-~O/L' ,/~,~'/~ ~ ~"~lY<5~ --/~¢. ¢ III. POSSIBLE DELIBERATIONS/DECISIONS on the followim, al~Dlications: A. Carryovers from previous meeting calendars: Appl. No. 5065 - P. and M. NICOVIC. Area variance for deck with an insufficient rear yard setback at 505 Miriam Road, Mattituck; Parcel 99-1-35.1. Appl. No. 5003 - Kace LI, Inc. (oral concluded 2/28/02). Interpretation and/or Reversal requested. Appl. No. 4962 - Mr. and Mrs. Roger Walz. (oral concluded). Area variance. B. Tonight's applications, if concluded tonight, Agenda Item II list (possible deliberations/decisions, to be determined by the Board). (Continued on next page.) Page 6 o1' 6- Agcllda upd. 4/18/02 [Meetill~ of Thursday, \pril I §, 2002 Southold Toxin Board of Appeals IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible Resolution to Amend Resolution adopted March 21, 2002 to calendar the following continuation of hearings for Special Meeting on Thursday, May 2, 2002 (instead of April 25m): Appl. No. 5071 - Walter Teresko and E. McGrath. (Continuation of hearing) Appl. No. 5077 and 5078 - Theodore and Angela Laoudis. (Await alternative from applicant; continuation of hearing). V. POSSIBLE EXECUTIVE SESSION (litigation pending - t/b/d).