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HomeMy WebLinkAboutZBA-03/18/2004 AGENDA AGENDA ; 3/16 3/12 REGULAR MEETING and PUBLIC HEARINGS THURSDAY, MARCH 18, 2004 9:30 a.m. Call to order. I.STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): RESOLUTION declaring the following Negative Declaration with No Adverse Effect for the following projects as applied: Type II Actions - No further steps for applications in II below, listed for setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests. II. CARRYOVER DELIBERATIONS/DECISIONS: Hearing concluded 12/18/03: GEORGEA KAPPASAKIS #5440 – Resolution to extend time for agent’s submission of alternative setbacks for new dwelling without additional notice of hearing, etc. Letter received 2/26/04 from applicant’s agent for additional time to submit alternative plan as requested 12/18. (Holdover for submission by Friday before next meeting). Hearings concluded 1/22/04: DONALD GRIM5441 #(Applicant submitted updated map 3/12 with details of existing and proposed.) Applicant requests a Variance under Section 100-31A.2 based on the Building Department's January 23, 2003 Notice of Disapproval concerning a proposed horse barn on a 7.467-acre lot instead of the code required 10 acres, after applying five (5) acres of tillable land for the existing farm stand use at 22745 C.R. 48, Cutchogue; CTM 84-1-25.2. MARK STUFANO #5461 (Applicant submitted revised map 3/10 to conform to prior ZBA approval). Request for a Variance under Section 100-244, based on the Building Department's October 14, 2003 Notice of Disapproval, amended November 5, 2003, concerning a new dwelling at less than 35 feet from the rear property line, at 3505 Camp Mineola Road, Mattituck; CTM 123-6-12.5. Hearings concluded 2/26/04: J & C HOLDINGS, Contract Vendee #5419. (Owner: Edna Doll). Applicant requests Variances under Sections 100-30A.3 and 100-239.4A, based on the Building Department's November 7, 2002 Notice of Disapproval, amended August 6, 2003, concerning a proposed location of a new dwelling with setbacks: (a) at less than 50 feet from the front property line and (b) less than 100 feet from the top of the Sound bluff, at 590 North View Drive, Orient; CTM 13-1-5.1. Page 2 – Agenda Regular Meeting of March 18, 2004 Southold Town Board of Appeals Hearings concluded 2/26/04: MARTHA CASSIDY #5457. (A djourned from 2/26; case law cited at 2/26 PH to be furnished by .) Request for Variances under Sections 100-30A.1 and 100-231, based on applicant’s attorney the Building Department's March 10, 2003 Notice of Disapproval, amended May 6, 2003, for the following reasons: (1) a tennis court is not a permitted use on a vacant lot, and (2) the proposed tennis court fence will exceed the code limitations of four ft. maximum height along or within front yard areas, six ft. maximum height along side and rear yards when a principal use is existing). Location: 1015 Youngs Avenue, Orient; CTM 18-1-3. Hearings concluded 2/26/04: GARY MANGUS and MIRIAM MEYERS #5475. This is a request for Variances under Sections 100-239.4 and 100-244, based on the Building Department's December 29, 2003 Notice of Disapproval, concerning proposed additions and alterations to the existing dwelling at less than 75 feet from the bulkhead, less than 10 feet on a single side, and less than 25 ft. total side yards, at 1295 Island View Lane, Greenport; Parcel 57-2-16. ( Applicant submitted elevation plans on 2/9 and 3/3 w/ 3rd level to ZBA, Building Dept. confirmed on 2-24-04 design meets half-story zoning code definition only). III. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:30 a.m. JOSEPH TRENCHENY #5453. ( Carryover from 2/26/04 PH; 3/16 architect submitted design to Request for a Variance under Section 100-244B, based on the lessen degree of angle from 10’ to 12’) Building Department's August 25, 2003, amended 2-23-04 Notice of Disapproval, concerning additions and alterations proposed with a total side yard area at less than 25 feet, at 120 South Lane, East Marion; CTM 37-6-3.2. 9:35 a.m. MARTIN J. BANCROFT, JR. #5484. This is a request for a Variance under Section 100-33, based on the Building Department's December 22, 2003 Notice of Disapproval, concerning the location of a proposed lap pool in area other than the code-required rear yard, at 38099 Main Road, Orient; Parcel 1000-15-2-16. 9:40 a.m. JOSEPH and FRANCES SETARO #5496. This is a request for a Variance under Sections 100-242A and 100-244B, based on the Building Department's January 22, 2004 Notice of Disapproval, last amended January 27, 2004, concerning proposed second-story additions and alterations to the existing dwelling with combined total side yards at less than 25 feet, at 3680 Stillwater Avenue, Cutchogue; CTM 137-1-13. 9:45 a.m. FREDERICK and DOROTHY CHARNEWS #5469. This is a request for a Variance under Section 100-30A.3 (ref. bulk schedule) based on the Building Department's November 3, 2003 Notice of Disapproval concerning a proposed addition with a setback at less than 50 feet from the rear property line, at 11675 Pequash Avenue, Cutchogue; CTM 103-7-16. Page 3 – Agenda Regular Meeting of March 18, 2004 Southold Town Board of Appeals III. PUBLIC HEARINGS (continued): Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:50 a.m. STEVEN SZCZENIAK #5497. This is a request for a Variance under Sections 100-33 and 100-244, based on the Building Department's December 10, 2003 Notice of Disapproval, amended February 12, 2004, concerning the proposed additions to the existing dwelling with lot coverage exceeding the code limitation of 20% of the lot area, and after this new construction, the existing garage will be at the side yard of the new addition instead of a code-required rear yard, at 1400 Marlene Lane, Mattituck; CTM 144-2-36. 10:00 a.m. RICHARD and NANCY WILLOTT #5491. This is a request for a Variance under Section 100- 242A and 100-244, based on the Building Department's October 17, 2003 Notice of Disapproval concerning a proposed addition with a rear setback at less than 35 feet, at 560 Private Road #31, Southold; CTM 77-3-21. 10:10 a.m. ROBERT and KELLY L KRUDOP. Applicants request the following Lot Waivers under Section 100-26. Based on the Building Department’s November 17, 2003 Notice of Disapproval, the properties have merged under Section 100-25 due to common ownership with the first lot at any time after July 1, 1983: #5487. To unmerge CTM 1000-96-1-9 of 12,254 sq. ft., from CTM 1000-96-1-8 of 14,787 sq. ft. Location of Property: 170 and 250 Tuthill Lane, Cutchogue. #5486. To unmerge CTM 1000-96-1-6 9334 sq. ft., from CTM 1000-96-1-8 of 14,787 sq. ft. Location of Property: 50 and 170 Tuthill Lane, Cutchogue. 10:30 a.m. JONATHAN GILSON and REGINA EBEL#5498. This is a request for a Variance under Sections 100-33 and 100-242A, based on the Building Department's February 5, 2004 Notice of Disapproval, concerning an accessory garage, which will become more nonconforming in its existing side yard location, after construction of proposed additions to the dwelling. The code requires accessory buildings to be in a rear yard. Location of Property: 1185 Mill Road, Mattituck; CTM 106-9- 8.4. 10:35 a.m. STEVEN D. AXELROD and SANDRA SCHPOONT #5500. This is a request for a Variance under Section 100-242A, 100-244B, concerning proposed interior alterations in an existing dwelling which is less than 10 feet from side lot line, at 575 Ruch Lane, Southold; CTM 52-3-5. (Hearing canceled.) 10:40 a.m. GEORGE AND DONNA DIAKOUMAKOS #5501. This is a request for a Lot Waiver under Section 100-26 to unmerge Lot 40, Map of Orient by the Sea, Section One, shown as CTM 15-7-11 of 12,500+- sq. ft., from an adjacent land area of 13,765+- sq. ft., shown as CTM 15-7-10, improved with a dwelling. Location: 455 and 555 Three Waters Lane, Orient. Page 4 – Agenda Regular Meeting of March 18, 2004 Southold Town Board of Appeals III. PUBLIC HEARINGS (continued): Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 10:50 a.m. GEORGE PENNY IV #5493. This is a request for a Variance under Section 100-31C, based on the Building Department's January 23, 2004 amended Notice of Disapproval concerning a proposed horse barn and corral on a lot which contains less than ten (10) acres of land, the minimum size required for keeping, breeding, raising, and training of horses. Location of Property: 1150 Kenny’s Road, Southold; CTM 59-3-17.3 (containing 6.967 acres). 11:00 a.m. DONAND and IRENE SUTER #5489. This is a request for Variances under Sections 100- 33C, 100-242A, and 100-244B, based on the Building Department's July 23, 2003 Notice of Disapproval, last amended February 3, 2004, concerning: (a) proposed additions and alterations to the existing dwelling at less than 35 feet from the front property line and less than 10 feet from the side lot line, and (b) relocation of the existing accessory garage and proposed addition, at less than 35 feet from the front property line. Location of Property: 1150 Dean Drive, Cutchogue; CTM 116-5-14. 11:10 a.m. ARTHUR and RUTH VENTURA #5495. This is a request for a Variance under Section 100- 239.4A(1), based on the Building Department's December 23, 2003 Notice of Disapproval concerning the location of a proposed dwelling at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at (No #) Sound View Road, Orient; CTM 15-3-46 (Orient By the Sea). 11:20 a.m. MERLON and ISABELLA WIGGIN. This is a request for a Variance under Section 100-33, based on the Building Department's February 12, 2004 Notice of Disapproval. Applicants propose an accessory swimming pool in a yard other than the required rear yard, at 10950 Main Road, East Marion; CTM 31-11-13. Resolution to adjourn to 1 PM. 1:00 PM Resolution to reconvene. III. PUBLIC HEARINGS (continued): Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 1:00 p.m. OSPREY DOMINION/LIPA/KEYSPAN #5450. (PH carried from 2/26 at applicant’s request for Location of Property: review of Amended Environmental Assessment (Coordinated by Lead Agency 3/8/04). 44075 Main Road, Peconic; Parcel 1000-75-1-20.1 and 20.2. Applicants request a Variance under Section 100-33A concerning the proposed height of new public utility wind turbine/antenna structure exceeding the code’s height limitation of 18 feet; and a Special Exception for a public utility use/structure on this 4.4+ acre site. 1:15 p.m. STANLEY MALON #5383. (PH carried from 2/26 for environmental consultant review report regarding Applicant requests: (1) Variances under Sections possible safety concerns and drainage). 100-102 and 100-103C, based on the Building Department's May 20, 2003 Notice of Disapproval concerning new construction for a multiple-use building with less than 30,000 sq. ft. per use and with a building frontage greater than 60 linear feet, and (2) Interpretation of Section 100-102, Bulk Schedule, based on the Building Department's May 20, 2003 Notice of Disapproval, to determine that multiple Page 5 – Agenda Regular Meeting of March 18, 2004 Southold Town Board of Appeals occupancies do not require an additional 30,000 sq. ft. of land area per permitted use in the B-General Business Zone District. The applicant is proposing one commercial structure with up to three different permitted uses with eight tenants/occupancies on this 53,821 sq. ft. parcel. Location of Property: 32845 Main Road, Cutchogue; Parcel 1000-97-5-4.5. Zone District: B-Business. End of hearings; meeting continues.) IV.OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Special Meeting 6:00 PM 4/8/04: agenda items may include work session/continued work reviews of files for future calendars; possible findings/decisions on: _______________ (t/b/d after update of above agenda items). B. New business (t/b/d). C. Resolution to authorize advertising of new hearings for April 22, 2004. V. EXECUTIVE SESSION (possible discussion of pending litigation).