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Home My WebLink AboutZBA-04/08/2004 AGENDA AGENDA 3/25; upd. 4/5/04 SPECIAL MEETING THURSDAY, APRIL 8, 2004 6:00 p.m. Call to order. I. STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) - (none). II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Pending Deliberations/Possible Decision (Hearing 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. Pending Deliberations/Possible Decision (Hearing concluded 2/26/04): MARTHA CASSIDY #5457. Request for Variances under Sections 100-30A.1 and 100-231, based on 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. Pending Deliberations/Possible Decision (Hearing concluded 3/18/04): JOSEPH TRENCHENY #5453. Adjourned from 1/22 for possible alternative/amended plans. amended plan submitted 2/23 by architect; amended ND issued 2-23 to correct error, for 21 ft. total sides.) Request for a Variance under Section 100-244B, based on the Building Department's August 25, 2003 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; Parcel 37-6-3.2. Pending Deliberations/Possible Decision (Hearing concluded 3/18/04): OSPREY DOMINION/LIPA/KEYSPAN #5450. Location of Property: 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. Pending Deliberations/Possible Decision (Hearing concluded 3/18/04): STANLEY MALON #5383. Applicant requests: (1) Variances under Sections 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 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; CTM 97-5-4.5. Zone District: B-Business. Pending Deliberations/Decision (Hearing concluded 3/18/04): 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. Page 2 – Agenda , upd. 6/3/04 April 8, 2004 Special Meeting Southold Town Board of Appeals Pending Deliberations/Decisions (Hearings concluded 3/18/04), continued: 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. 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. 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. 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. 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. 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: 1185 Mill Road, Mattituck; CTM 106-9-8.4. 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. 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). Page 3 – Agenda , upd. 6/3/04 April 8, 2004 Special Meeting Southold Town Board of Appeals Pending Deliberations/Decisions (Hearings concluded 3/18/04), continued: DONALD 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. 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). III. PUBLIC HEARING: (none) IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to advertise public hearings for April 22, 2004 Regular Meeting. B. New business. V. POSSIBLE EXECUTIVE SESSION (t/b/d; litigation).