HomeMy WebLinkAboutZBA-05/06/2004 AGENDA
FINAL AGENDA
with updates by staff
5/3; 5/7
SPECIAL MEETING
THURSDAY, MAY 6, 2004
6:00 P.M. Call to order.
I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATION (SEQRA): (none)
II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications:
Pending Deliberations/Possible Decisions (Hearings concluded 3/18/04):
OSPREY DOMINION/LIPA/KEYSPAN #5450. Location: 44075 Main Road, Peconic; CTM 75-1-20.1
& 20.2. Applicant requests 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.
12-17-03 Landscaping Plan updated
3-15-04 and partial Site Map 12-17-03 revised 3-15-04, prepared by J. Grammas Consultants confirms1000- 75-1-20.1
consists of 4.64 acres and winery agricultural use, with two acres dedicated to proposed public utility wind turbine
structure and use; total acreage in A/C zone: 50.84 ac. 12/18/03 Memo of Law, 6 pgs. 125’ high wind turbine (100’ +
25’ wing span). 20-yr. lease consists of area for construction and operation of the turbine, for 25’ x 35’ piece of land.
Purpose: clean energy initiative program, over 10 yrs, joint program with LI Farm Bureau for demonstration
purposes. Turbine is 600’ back from road. Visual impact concerns, adjacent to NYS Scenic Byways corridor, Rt. 25,
proposes monthly visual inspections. Production module 15/50 Drive Train assembly manufactured by AOC, 20-yr
time limit planned. $250,000 to construct. Noise drone concerns, nearby homes. Increased noise and vibration levels
for a limited time period, proposes low-noise emission level equipment and operational procedures during
construction activities. Max. sound power level is 101 dB (p. 2-37 of EA).
Opposition includes 3/22/04Memo of Law, 8 pgs.
Attorney for LIPA agreed to extend time for possible vote at 5/20 meeting when at least 4 members were present.
RESOLUTION ADOPTED to extend time to the 5/20/04 ZBA Meeting. Decision held over.
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: 32845
Main Road, Cutchogue; CTM 97-5-4.5. Zone: B-Business.
Attorney for applicant agreed to extend time for vote at 5/20 meeting when at least 4 members were present.
_____________________________________________________________________________________
BOARD RESOLUTION ADOPTED to extend time to the 5/20/04 meeting. Decision held over.
Deliberations/Decisions (Hearings concluded 4/22/04):
THOMAS CORNWELL #5473. 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; CTM 111-2-8.1.
Retaining wall and stockade fence exist; going vertical; vegetation proposed; height to top of ridge 16’ max. from
front grade; putting over patio, indentation going up.
BOARD RESOLUTION ADOPTED: Approved with condition to maintain screening (existing
stockade fence or live screening along side yard of new addition).
Page 2 – Agenda
upd. 5/3/04
May 6, 2004 Meeting
Southold Town Board of Appeals
LEN VACCARIELLO/SOUTHOLD FLOOR COVERING #5503. Request for a Variance under Sections 100-102
and 100-103C, based on the Building Department's December 11, 2003 Notice of Disapproval, and amended
Notice of Disapproval, concerning a proposed building (retail flooring business) with a rear yard at less than 35
feet, and building length greater than the code limitation of 60 feet (linear frontage facing C.R. 48). Location:
46025 C.R. 48, Southold; CTM 55-2-18.1. Zone: B Business.
Letter confirms proposed 7124 sf or 26% lot coverage (4577 sf retail space and 2547 sf of warehouse); 27,305 sf lot
with 185.61 ft. along C.R. 48 and 150 ft. depth. Elevation diagrams 4/21/04 confirms 28 ft. at highest point to top of
ridge. Setback 15’ with 20-25’ greenspace after landscaping; forklifts stored by owner in warehouse also. (Receipt of
Minutes regarding recommendations by the Architectural Review Committee were not received before 4/22/04 as
required by law.)
BOARD RESOLUTION ADOPTED: Approved as applied.
JOSEPH MICHELLE SANTACROCE Request for Special Exception
and #5506.under Sec. 100-31B(13) for an
Accessory Apartment 695 Kerwin Greenport; CTM 53-3-17.3.
in conjunction with the owners’ residence, atBoulevard,
S. Isaksen survey dated 11-10-03, revised 1-7-04 of existing 32,878 sf lot; owner will remain in primary unit consisting
of 2150 sf, both second and partial first-floor areas; apt. proposed on first floor of 1034 sf. per Penny Lumber letter
Apt. size reduced
dated 4/27/04 & revised 2/10/04 floor plans subm. 4/27/04; extra plan sets also submitted 5-3-04.
from 1058 sf to 1040 sf. Existing house is 1355 sqft. w/o 499 sf garage; total house size after renovation 3131.62 sq.
ft., plus 499 sf garage size. Primary residence: 2098 sq. ft; apt + 1034 sq.ft.
BOARD RESOLUTION: Approved with conditions for no backing out onto street and obtaining
CO before occupying.
CHRISTOPHER and TRUDI EDWARDS #5509. Request for a Variance under Sections 100-242A and 100-244,
based on the Building Department's February 24, 2004 Notice of Disapproval concerning proposed additions to
dwelling which will be less than 40 feet from the front lot line. Location of Property: South Side of Madeline
Avenue and east side of Crescent Avenue, Fishers Island; CTM 6-8-1.
760 sf addition and deck 380 sf at east side of house, adding 3.5% lot coverage for 12.7% total.; from 40’ to 21.9’ +
22.5’ at Madeline Ave; 21,686 sf lot with 100 ft. on Crescent Ave and 22232 ft. on Madeline; recent upgrade to sanitary;
front yd. variables now at 21.5-21.9 for house w/ existing deck; addition will be greater from Madeline Ave than
().
existing housesee Attorney’s 4/16 Memorandum of Facts2/4/04 survey upd. 2/26 CME Engineering, Land
Surveying & Architecture, PLLC.
BOARD RESOLUTION ADOPTED: Approved.
Deliberations/Possible Decisions (Hearings concluded 4/22/04):
LAWRENCE KOTIK #5508. Request for a Variance under Sections 100-242A and 100-244, based on the
Building Department's February 23, 2004 Notice of Disapproval concerning proposed additions with a front yard
setback at less than 35 feet, at 10 Middleton Road, Greenport; CTM 40-5-12.
Small 39 sf. build-out designed for two-story 4’ x 9’6” adding front/left room to be flush with existing side & front lines
of house maintaining 29’9’ from front line (foundation not extending beyond existing building foundation lines).
6/5/03 survey of existing by Barrett, Bonacci & VanWeele, PC; 1-13-04 site map by owner.
BOARD RESOLUTION ADOPTED: Approved.
ROBERT and SUSAN TOMAN #5507. Request for a Variance under Section 100-244, based on the Building
Department's February 26, 2004 Notice of Disapproval concerning a proposed deck addition with a front yard
setback at less than 40 feet, at 3480 Main Bayview Road, Southold; CTM 78-2-13.
Foundation sited as per BP #29036-Z 12/24/02; adding front wraparound deck8’x67 per diagram with ZBA date stamp
4-20-04; also 9-21-00 survey, upd. 1-21-04 by Peconic Surveyors, PC.; 30’ to proposed deck (would need to ask size of
front steps IF over 5x6’ or over 30 sf for additional relief area =). 8/12/92 DEC Permit; Trustees Permit #5239.
LIPA pole in owners’ preference to be moved voluntarily later if LIPA can work out agreement to relocate.
BOARD RESOLUTION ADOPTED: Approved, subject to applicant furnishing accurate final
survey to show property lines and setback from front lot line.
Page 3 – Agenda
upd. 5/3/04
May 6, 2004 Meeting
Southold Town Board of Appeals
WILLIAM BAUER #5515. Request for a Special Exception under Section 100-31B(13) to establish an Accessory
Apartment in conjunction with the owner’s residence, at 350 Skunk Lane, Cutchogue; CTM 97-3-7.
House is 2,238 sf; accessory apartment proposed is 620 sf on first floor; CO of record #Z9694 dated 9/26/79; owner
and resident since 4/7/1966. J. Ehlers survey 2-19-04, 18498 sf lot with 100 ft. on w/s Bay Ave. Floor play by Penny
Lumber 3-16-04. double-wide driveway; house built 1940; accy apt. with one bedroom; owner residing upstairs.
BOARD RESOLUTION ADOPTED: Approved with condition to provide proper exiting of vehicle
on site without backing out onto street and code requirements applicable.
LOCKE McLEAN #5510 (new hearing and rehearing of #5388). This is a request for a Variance under Section
100-244 based on the Building Inspector’s March 4, 2004 Notice of Disapproval, and/or rehearing for a change of
use of the proposed addition, which addition was approved under ZBA #5388 1/8/04, in part as a garage. The
proposed construction will be less than 55 feet from the front lot line. Location of Property: Corner of Oriental
Avenue and the Gloaming), Fishers Island; CTM 10-10-5.
(
Letter from former ZBA Member George Horning received 4-19-04.) Proposes 26’ x 30’ 2-story addition with 8’x30’
porch, at NE section of dwelling 27.5’ from P/L per 11/10/03 CME Assoc. Eng. and Surveying PLLC under former BI
ND amended 11/13/03. 2-9-04 building diagrams submitted 3/9/04 for two-story layout, with expanded living area and
without garage. LIVABLE ON SECOND FLOOR, RAISED BASEMENT WITH 1-1/2 STORY (cathedral ceiling), 3
frontyds.
BOARD RESOLUTION ADOPTED: Approved.
GEORGE ANASTASIADIS #5511. Request for a Variance under Section 100-244B, based on the Building
Inspector’s February 24, 2004 Notice of Disapproval, a.m. ended March 12, 2004, concerning a proposed deck
which exceeds the code limitation of 20% for building coverage, at 505 Cpt. Kidd Drive, Mattituck; CTM 106-5-6.
7/30/03 survey of Pat T. Seccafico shows proposed 120 sq. ft. over, for 21% total lot coverage for 133 sf open deck.
BOARD RESOLUTION ADOPTED: Approved
.
JOHN and HEALTHER ROMANELLI #5513. Request for a Variance under Sections 100-242A and 100-244B,
based on the Building Inspector’s February 5, 2004 Notice of Disapproval concerning proposed additions and
alterations to the existing dwelling which will be less than 20 feet on a single side yard, at 3535 Cedar Beach
Road, Southold; CTM 93-1-6.3.
Tom Samuels, Arch. plan of 1-20-04, add to and renovate existing residence, removing existing 700 sf. second floor
and rebuild new 1658 sf on second floor, with net increase of 958 sf., a small part of which will be 10’10” and 14’9”
from side line from new areas, but farther from the P/L than existing remaining portion. Variance on north side only
for second floor addition, new basement access door and existing wood shower to remain at 6’9” from S/PL. 3-17-99
survey by S. Isaksen, Jr. of existing areas, and updated 4-19-00; 55604 sf. lot). Shower and chimney exist; w/o
shower would be 10’ setback; removing screen porch.
BOARD RESOLUTION ADOPTED: Approved.
EVERETT and MARILYN CORWIN #5504. Request for a Variance under Section 100-242A, based on the
Building Department's February 6, 2004 Notice of Disapproval, concerning a proposed second-story addition
which will be less than 35 feet from the front lot line, less than 10 feet on one side yard, and less than 25 feet for
combined side yards, at 217 Oak Street, Greenport; CTM 42-1-30.
BI amended ND 3/29/04 to clarify reasons for ND. 12/20/71 VanTuyl survey shows existing 6000 sf lot with 40’ along
nd
S/s Oak St. Applicants’ site map dated stamped 3-1-04 shows existing first floor, and proposed 2 story with 4’ and
13.33’ sides and 24’ front for second story additions; also Penny Lumber diagrams 2-3-04 show layout.
BOARD RESOLUTION ADOPTED: Approved.
(Hearings concluded 4/22/04):
STEPHEN and THERESA BARTENOPE #5517. Request for a Variance under Section 100-242A, based on the
Building Inspector’s March 15, 2004 Notice of Disapproval concerning a proposed second-story addition at less
than 40 feet from the front lot line, at 1450 Youngs Road, Orient; CTM 18-2-7.
. Adding 1624 sf area over existing footprint for second-floor addition, a portion of which will
Meryl Kramer, Architect
maintain existing 36 ft. from front line; proposed height 26’ to top of ridge. M. Kramer Arch. elevation and design
diagrams with revised site map, with ZBA date stamp Mar 17 2004; also 4-18-1990 survey of existing by Wm. R.
Simmons, Jr. Gable end; 8’+- slopes back.
BOARD RESOLUTION ADOPTED: Approved.
Page 4 – Agenda
upd. 5/3/04
May 6, 2004 Meeting
Southold Town Board of Appeals
TOM and SUSAN MERIAM #5514. Request for a Variance under Sec. 100-33, based on the Building Inspector’s
March 4, 2004 Notice of Disapproval, a.m. ended March 11, 2004, concerning a proposed accessory building
(storage pool house) in a yard other than the required rear yard, at 1335 Marratooka Road, Mattituck; CTM 115-
11-26.
Tom Samuels, Arch. 91,617 sf. lot; proposed as nonhabitable with plumbing for toilet and wet bar facilities, one-
story height 16’ to top of ridge of cupola; removal of existing shed. 3/4/04 site plan by Samuels & Steelman, 58’6”
from west line, 38’ from south line, greater than 100’ from wetlands to the east; 3-21-00 survey, revised 12-9-03 by J.
A. Ingegno. Letters opposing noted. New 12’ x 24’ = 188 sq.ft. No stove, only refrig. And sink for pool wet bar; move
leeching pool as far as possible per concern of CoH and letter.
BOARD RESOLUTION ADOPTED: Approved with conditions: no sleeping, must be an
accessory use, no heat, no air-conditioning; no kitchen; removal of window and add door, all as
discussed at PH 4/22.
COWAN HOLDING LLC #5505. Request for a Variance under Section 100-244, based on the Building
Department's February 25, 2004 Notice of Disapproval concerning proposed additions and alterations at less than
10 feet from the side lot line, at 290 Smith Drive North, Southold; CTM 76-2-18.
Applicant’s 2-9-04 maps show proposed 26’x30’ two-story addition, at 27.5’ to front line; foundation is 8.5’ from S/PL.
15,000 sf
lot per 1-20-04 J. Ingegno survey w/ 100’ on Smith Dr North; w flood plain El. 8 at east portion of lot, 1948
Map of Goose Creek; also 3/1/99 S. Isaksen, Jr. upd. 12/22/03 survey shows 10’ from S/PL; BP #29852Z 11/5/03 issued
nd
based on Isaksen survey. 1066 sf on first floor and 400 sf garage; 1553 sf 2 floor; deck 252 sf. (extending 28.4 x
15.4+- beyond existing foundation per proj. desc. sheet; lot cov. is under 20% confirmed by BI.) 50 SQ.FT. OVER
EACH FLOOR; WILL LEAVE OTHER SIDE YARD OPEN; EVERGREEN SCREENING MAINTAINED ON THAT SIDE;
FOUNDATION PUT IN AND FIRST SURVEY 10’, FLOOD PLAIN AREA.
BOARD RESOLUTION ADOPTED: Approved.
III. PUBLIC HEARING (none):
IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER:
Resolution ADOPTED (adjourn per applicant’s 4/22/04 letter to 9:30 AM, June 22, 2004DEBRA
A.
VICTOROFF #5334
(pending submission by applicant to, and receipt of, Trustees review determination). This is
a request for a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of
Disapproval. Applicant proposes a dwelling at less than 35 feet from the front property line and less than 35 feet
from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 & 29.1 (as one lot).)
B. New business. (none)
nd
C. Resolution ADOPTED (to modify date of June Regular Meeting/Public Hearing calendar to be June 22
instead of June 17, 2004).
V. EXECUTIVE SESSION (litigation t/b/d). (none held)