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HomeMy WebLinkAboutZBA-02/26/2004 AGENDA APPEALS BOARD MEMBERS Southold Town Hall Ruth D. Oliva,'Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 e Lydia A. Tortora Southold, NY 11971-0959 Vincent Orlando Tel. (631) 765-1809 James Dinizio, Jr. Fax (631) 765-9064 http://southoldtown.nOrlhfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Prep. 1/29; 2/6; 2/24 noon AGENDA REGULAR MEETING THURSDAY, FEBRUARY 26, 2004 9:30 a.m. Call to order. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS ISEQRA): RESOLUTION declaring the following Negative Declaration with No Adverse Effect for the following projects as applied: Tvpe II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): JOSEPH AND ELIZABETH GORDON #5470, #5471. THOMAS CORNWELL #5473. JOHN and VIVIAN HINTON #5477. e JOHN and SANDRA SCOTT #5480. DARRIN SKREZEC #5482. JOHN and JOYCE SAMPIERI #5483. LUKE and RITA L1CALZI #5488. VERA BAKELAAR #5479. GARY MANGUS and MIRIAM MEYERS #5475 DAVID aAd SHERRY STEELE #5478. MATTITUCK FIRE DISTRICT #5485. CHRISTOPER DURKIN #5481 STEPHEN PISACANO #5490 II. CARRYOVER DELlBERATIONS/DECISION: Hearing concluded 1/22/04 pending receipt of additional information: SAMUEL AND ISABELLE DISTASI #5454 - Applicant submitted roof design/pitch data on 2/13 for consideration. Proposed additions to dweiling at 125 Youngs Ave. Southold. 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. MARTHA CASSIDY #5457. Adjourned from 1/22, time extended for aUorney to provide information regarding possible Declaration of Covenant and Restriction and/or other update). 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 e permitted use on a vacant lot, and (2) the proposed tennis court fence will exceed the code limitations Page 2 - Agenda (upd. 2/24/04) February 26, 2004 Regular Meeting Southold Town Board of Appeals e 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. 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. 9:35 am JOSEPH TRENCHENY #5453. Adiourned from 1/22 for oossible alternative/amended olans. amended Dlan submitted 2123 bv architect: amended NO 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. 9:40 a.m. PATRIZIA ZANBONI #5452. Adiourned from 1/22/04 for alternative olan increasina setback 10 feet for front vard: amended olan submitted 2/23 increasina closest front setbacks to 22.9+- ft.: amended ND 2/19 to reflect chanaes in olanJ. Request for a Variance under Section 100-244B, based e on the Building Department's August 22, 2003 Notice of Disapproval, amended August 25, 2003, concerning a new single-family dwelling with a front yard setback at less than 35 feet, after demolishing the existing building, at 1385 Minnehaha Boulevard, Southold; Parcel 87-3-23. 9:45 a.m. JOSEPH AND ELIZABETH GORDON. Location of Property: 485 Gardiners Lane, Southold; Parcel 1000-70-8-29. Applicants request: (A) #5470- Variances are requested under Sections 100-242A and 100-244, based on the Building Department's November 25, 2003 Notice of Disapproval, which states that the proposed alterations and additions to the existing dwelling with will be less than 40 feet from the front lot line and less than 50 feet from the rear lot line. Also, the Building Inspector has determined that under Section 100-31A(1), a second dwelling unit is not permitted above the garage, for the reason that the code allows "one-family detached dwellings, not to exceed one dwelling on each lot." (B) #5471 - Special Exception under Section 100-31B(13) for an Accessory Apartment in conjunction with the owner's residence. 9:50 a.m. THOMAS CORNWELL #5473. This is a request for a Variance under Section 100-30A, based on the Building Department's December 1, 2003 Notice of Disapproval, concerning proposed additions and alterations at less than 15 feet on a single side setback, at 500 West Cove Road, Cutchogue; Parcel 1000-111-2-8.1. (2/23 letter from J. Slatterv reQuests adi. to June for more information on elevation and desiQns and for attendanceJ. 10:00 a.m. JOHN and VIVIAN HINTON #5477. This is a request for a Variance under Section 100-33, based on the Building Department's May 8, 2003 Notice of Disapproval, concerning the location of a swimming pool in a side yard instead of the code-required rear yard, after the as-built deck was constructed, at 515 Horseshoe Drive, Cutchogue; Parcel 1000-95-4-18.27. e Page 3 - Agenda (upd. 2/24/04) February 26, 2004 Regular Meeting Southold Town Board of Appeals e 10:10 a.m. JOHN SCOTT and SANDRA TUFFY #5480. This is a request for a Variance under Section 100-30A.3, based on the Building Department's November 17, 2003 Notice of Disapproval, concerning proposed addition at less than 50 feet from the front lot line, at 31025 Main Road, Cutchogue; CTM 102- 2-23.4. (Survev with front setbacks submitted 2120). 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. 10:20 a.m. DARRIN SKREZEC #5482. This is a request for: (a) an Interpretation under Section 100- 81A(6) as to whether or not a landscaping business is permitted to stock pile landscape materials as an accessory use without the need for a Special Exception, and (b) alternatively, a Special Exception under Section 100-81(B){2) for a contractor yard, at 32900 CR 48, Peconic; CTM 74-4-14.3. Zone: Limited Business. 10:30 a.m. JOHN and JOYCE SAMPIERI #5483. This is a request for a Variance under Sections 100- 242A and 100-30A.3, based on the Building Department's December 4, 2003 Notice of Disapproval, concerning proposed alterations and additions to the existing dwelling at less than 15 ft. on a single e side yard, at 1380 Bayberry Road, Cutchogue; CTM 118.2-12. 10:40 a.m. STEPHEN PISACANO #5490. This is a Request for a Variance under Sections 100-242A and 100-244B, based on the Building Department's December 26, 2003 Notice of Disapproval, concerning proposed additions and alterations at less than 40 feet from the front lot line, at 16155 C.R. 48, Cutchogue; CTM 101-1-15.1. 10:50 a.m. LUKE and RITA L1CALZI #5488. This is a request for a Variance under Section 100-33C, based on the Building Inspector's December 8, 2003 Notice of Disapproval (and renewed building permit) concerning an accessory swimming pool located at less than the code-required 50 feet from the front lot line on this waterfront parcel, and a detached frame pool storage house located in an area other than the required yard, at 2105 Calves Neck Road, Southold; CTM 70-4-46.1. (Height data not submitted for Doolhouse as of 2-23: existino desion with shower. sink. Dlumbina not be DroDerlv before Buildino DeDt. or ZBA.) Resolution to adjourn to 1 PM. - Page 4 - Agenda (upd. 2/24/04) February 26, 2004 Regular Meeting South old Town Board of Appeals e 1 :00 PM Resolution to reconvene. 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. 1:00 PM OSPREY DOMINION AND L1PA, KEYSPAN #5432V and 5430SE (continued from 12/18/03; Reouest received 2/23 from attorney reouestina postponement to 3118/04 11:45 a.m.) 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. 1:10 p.m. VERA BAKELAAR #5479. This is a request for a Variance under Section 100.244, based on the Building Department's January 5, 2004 Notice of Disapproval, concerning a proposed addition and alterations with a total lot coverage exceeding the code limitation of 20%, at 45 Booth Place, Greenport; Parcel 1000-41-1-21. e 1 :15 p.m. 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 wI 3rd /evel to ZBA. Buildino Dept. confirmed on 2-24-04 desian meets half-storv zonina code definition). 1 :20 p.m. DAVID and SHERRY STEELE #5478. RESOLUTION to confirm application is withdrawn. per 2/13 letter. Request fGr a '1..rianGe under SeGlien 100311' and 100 242A, based eR the BUildlRS l)epaFlmeRI's l)eGember 5, 2003 NellGe et l)isappre'Jal, GeRGerRing pr<lposed additieRs aRd aller..lIoRs, at loss thaR 20 feel OR a siRgle side yard, al12500 C.R. 48, MalliluGk; Par<;e11000 108 2 7. 1:30 p.m. MATTITUCK FIRE DISTRICT #5485. Request for Variances under Section 100-92 and 100- 33B(3), based on the Building Department's January 2, 2004 Notice of Disapproval, amended January 16, 2004, concerning a proposed addition with a front yard setback at less than 15 feet, and concerning a proposed annex building at less than five feet from the side and rear lot lines, at 1000 Pike Street, Mattituck; Parcel 140-3-11.1. 1:40 p.m. CHRISTOPER DURKIN #5481. Request for a Variance under Section 100-33, based on the Building Department's November 25, 2003 Notice of Disapproval, concerning a proposed accessory garage exceeding the code limitation of 18 feet, at 5779 Westphalia Road, Mattituck; Parcel 113-12-7. e Page 5 - Agenda (upd. 2/24/04) February 26, 2004 Regular Meeting South old Town Board of Appeals e 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. 1 :45 p.m. 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; Parcel 1000-97-5-4.5. Zone District: B-Buslness. (HearinCl reooened for reviews reClardina member Cluestions and possible alternatives for parkinCl and access. buildinq size, traffic and pedestrian safety concerns. Olan to prevent floodinCl toward adiacent lands, etc.) 2:10 p.m. J & C HOLDINGS, Contract Vendee (Owner: Doll) #5419. Applicant requests Variances e 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; Parcel 1000-13-1-5.1. (Applicant submitted revised survey 1/27/04 and enqineer's memo with run-off calculations: also on 2/5 received info on retainina wall construction: amended Trustees determination on new olan not submitted as of 2/23). 2:30 p.m. TOWBEE. LLC (SeaTow) #5492 - Request for a Variance under Section 100-142, based on the Building Department's January 27, 2004 Notice of Disapproval, concerning two uses on a lot containing less than 80,000 sq. ft. (or 40,000 sq. ft. per use) In this Light Industrial (L1) Zone District. Location of Property: 700 Hummel Avenue, Southold; Parcel 1000-63-2-30.1. (2/20/04 attorney submitted affidavit outlinina historv of tenancy and uses to Buildinq Department and ZBA.) (End of hearings: meeting continues.) IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Special Meetlna 6:00 PM 3/4/04: agenda Items may Include work session; continued work reviews of new files for future calendars; possible findings/decisions on: Grim, Stufano, Mahaffy, also completed hearings from 2/26. B. New business (t/b/d). C. Resolution to authorize advertising of new hearinas for March 18,2004. D. Resolution to adiourn carryover PH for 3/18 to 4/22/04 9:35 AM - E. Trippe #5300, 5308 per applicant's request; await revised plan, amended updated Building Inspector N.D. from applicant's attorney on e or before 3/13. Page 6 - Agenda (upd. 2/24/04) February 26, 2004 Regular Meeting South old Town Board of Appeals e E. Georaea Kapassakis #5440: To consider applicant's 2/24 request for additional time (await amended plan, per 12/18 PH). New dwelling setbacks, 955 Cedar Drive, East Marion. F. V. EXECUTIVE SESSION (possible discussion of pending litigation). *****-******** e e "' ; /J OFFICE OF . ' . ZONING BOARD OF APPEALS 53095 Main Road e South old, NY 11971 Email: Linda.KowalskilaJTown.Southold.nv.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-9064 COVER SHEET FOR TRANSMITTAL ATTN: llu I? t'DJ--Q4:h7 n,L-w./ DATE: r::J / ,y> ]'12004 j I SUBJECT: ,}.- ju) t, / C tj 28,4 iJ C'.Jt-7d/L- I / J MESSAGE: Please find attached copies for your information. FfJ:- Il).H7X'';f lIjVI/1VA1) Please call us at 765-1809 if you did not receive all sheets. Thank you. Pages attached: ..../iz...