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Home My WebLink AboutZBA-06/22/2004 AGENDA AGENDA Prep. 6/15 REGULAR MEETING TUESDAY, JUNE 22, 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 - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests noted below at III) II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Pending Deliberations/Decision (hearing concluded 5/20/04): STEVE VESEY and CHERYL SCHLITT #5529. Request for an Interpretation of Sections 100-242A and 100- 244, reversing the Building Inspector’s April 9, 2004 Notice of Disapproval, and/or in the Alternative a Variance concerning proposed additions to the existing dwelling with total side yards at less than 35 feet, and a single side yard at less than the code required 20 feet. Location: 370 Dogwood Lane, East Marion; CTM 38-5-3. 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. 9:30 AM DEBRA VICTOROFF #5334. Request for a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval, amended April 20, 2004. Applicant proposes a dwelling 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). 9:35 AM STEVE AXELROD and SANDRA SCHPOONT #5502. (Adjournments by applicant from 4/22 and 5/20). This is a request for a Variance under Sections 100-242A and 100-244, based on the Building Inspector’s February 6, 2004 Notice of Disapproval, concerning proposed additions and alterations at less than 10 feet on a single side yard and less than 25 feet for combined side yards, at 630 Ruch Lane, Greenport; CTM 52-2-26 . 9:40 AM JOAN A. SAUNDERS #5537. Request for a Variance under Section 100-92, based on the Building Department’s January 20, 2004 Notice of Disapproval. The applicant is proposing a lot with an area of less than 20,000 sq. ft., in a pending lot line change application, with a single side at less than 10 feet and total side yards at less than 25 feet. Location of Property: 1095 Franklinville Road, Laurel; CTM 125-2-3.1 and 4.1. 9:45 AM JEANNE VANBERGEN #5535. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's March 31, 2004 Notice of Disapproval, concerning a proposed addition. The reasons stated are that Section 100-242A and Interpretation in Appeal #5309 does not permit new nonconformance or increase in the degree of nonconformance, and Section 100-244 requires a minimum front yard setback of 35 feet. Location of Property: 555 Horton Avenue, Mattituck; CTM 141-1-26. Page 2 – Agenda (updated 6/15/04 12:07 PM) June 22, 2004 Regular Meeting Southold Town Board of Appeals 9:50 AM DAVID AND JANE STARWOOD #5534. Request for a Variance under Section 100-239.4B, based on the Building Department's April 8, 2004 Notice of Disapproval, concerning an as-built deck addition at less than 75 feet from the bulkhead, at 175 Sun Lane, Southold; CTM 76-1-13. 9:55 AM ELEFTERIOS MOUROUNAS #5543. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department’s April 5, 2004 Notice of Disapproval concerning a proposed addition to the dwelling existing in a nonconforming location. The reasons stated are that Section 100-242A and Interpretation in Appeal #5309 does not permit new nonconformance or increase the degree of nonconformance, and Section 100-244 requires a minimum 35 ft. front setback. Location of Property: 985 Central Drive, Mattituck; CTM 106-2-27. 10:00 AM BRYAN VILLANTI and INGER BOYAJIAN #5540. Request for a Variance under Sections 100-242A, 100- 244, and 100-239.4B based on the Building Department’s April 28, 2004 Notice of Disapproval concerning a proposed deck addition. The reasons stated are that Section 100-242A and Interpretation in Appeal #5309 does not permit new nonconformance or increase the degree of nonconformance, that Section 100-244 requires front and rear setbacks at a minimum of 35 feet and lot coverage at less than 20% for all building area, and that Section 100-239.4 requires a minimum 75 ft. setback from the bulkhead. Location of Property: 2400 Bay Avenue, East Marion; CTM 31-16-8. 10:05 AM THOMAS and LAURA NIGRO #5536. Request for a Variance under Sections 100-31C, 100-243 and 100- 33, based on the Building Department's March 15, 2004 Notice of Disapproval concerning a new deck to be added to an existing non-conforming accessory guest house. Section 100-243 states that a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. Section 100-31C states that a guest house is not a permitted use. Section 100-33 requires accessory buildings to be located in a rear yard, instead of a front yard. Location of Property: Montauk Avenue, Fishers Island; CTM 10-7-5. 10:10 AM KEVIN and SUSAN FERRELL #5538. Request for a Variance under Section 100-239.4A based on the Building Department's April 19, 2004 Notice of Disapproval, amended May 18, 2004. Applicants propose a deck addition and above-ground pool at less than 100 feet from the top of the Sound bluff, at 130 Lloyds Lane, Mattituck; CTM 99-3-4.6. 10:15 AM JOHN WOLLEBEN #5539. Request for a Variance under Section 100-33C, based on the Building Department's January 26, 2004 Notice of Disapproval. Applicant proposes to demolish an existing building and to construct a new garage at less than 35 feet from the front lot line, at 705 Bridge Lane, Cutchogue; CTM 118-2-8. 10:20 AM GRAHAM HEAD #5541. Request for a Variance under Section 100-30A(3), based on the Building Department's May 3, 2004 Notice of Disapproval, concerning new additions at less than 15 ft. minimum on a single side, at 1160 Goose Creek Lane, Southold; CTM 78-8-5.1. (6/14 letter from P. Maloney for adjournment; th Resolution to open hearing, receive testimony, and adjourn for continuation on July 15 at 11:20 a.m. 10:25 AM DOMENICO RACANELLI #5542. Request for a Variance under Section 100-244, based on the Building Department’s May 4, 2004 Notice of Disapproval concerning a proposed dwelling with attached garage at less than 35 ft. from the front and rear lot lines, and less than 10 feet on a single side yard, and with lot coverage in excess of the code limitation of 20% for all building area. Location of Property: 3300 Manhasset Avenue, Greenport; CTM 43-4-19. Page 3 – Agenda (updated 6/15/04 12:07 PM) June 22, 2004 Regular Meeting Southold Town Board of Appeals 10:30 AM ELAINE NESIN. Location of Property: 875 Gull Pond Lane, Greenport; CTM #35-4-28.42. Request for Variances under: #5548. Based on the Building Department’s May 25, 2004 amended Notice of Disapproval, for relief of Condition #4, ZBA Appl. #2480 (Sarah Rausch) which Special Exception application was granted for dockage and mooring privileges for two yachts, with an agreement in 1978 to covenant be filed with the County Clerk, including a restriction that this property is prohibited for residential use, without prior Board of Appeals approval (The Special Exception authorized a shower, bulkhead, ramp and mooring float as requested); and #5533. Based on the Building Department's April 23, 2004 Notice of Disapproval, Section 100-239.4B, for a dwelling proposed at less than 75 feet from the bulkhead. 10:40 AM JOHN J. CARWAY #5546. Request for a Variance under Section 100-244, based on the Building Department’s May 24, 2004 Notice of Disapproval concerning a proposed deck at less than 35 feet from the rear property line, at 1350 Smith Drive North; CTM #76-2-9. 10:45 AM RIVERHEAD BUILDING SUPPLY #5544. Request for a Variance under Section 100-205.1C, based on the Building Department’s February 3, 2004 Notice of Disapproval for placement of a (third) wall sign, at 74500 Main Road, Greenport; CTM 46-1-2.3. Zone District: Light Industrial Office. 10:50 AM PATRICIA BUERKLE #5545. Request for a Variance under Section 100-242A (ref. 100-244), based on the Building Department’s May 3, 2004 Notice of Disapproval. Application proposes to construct a new porch with a setback at less than 35 feet to the front lot line, at 340 Private Road #3, Southold, CTM #70-6-5.1 11:05 AM SOUTHOLD FIRE DISTRICT/OMNIPOINT COMMUNICATIONS, INC. #5547. Request for a Variance under Section 100-1162B.3, concerning a new tower, proposed to replace the existing tower at a height in excess of the code’s height limitation. The Building Department states that the antenna projects higher than 20 feet above the average height of 23 feet of buildings within 300 feet of the facility. The applicant is proposing 63 feet in height Location of Property: 55135 Main Road, Southold; CTM #62-2-11.1. 11:10 AM BREMER’S MARKET AND DELI d/b/a NORTH FORK MARKET & DELI #5531. ( Continued from 5/20 PH ref. ). Request for a Variance under Sections 100-33B and 100-103A based on the Building site plan updates Department's April 15, 2004 Notice of Disapproval, amended April 20, 2004, concerning the location of a proposed business building with a front yard setback at less than 100 feet from the Main Road. Location of Property: 11155 Main Road, Mattituck; CTM 142-2-22. IV.OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible deliberations/decisions - hearings concluded, Item III list (t/b/d). B. Special Meeting 6:00 PM 7/3/04: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers. C. New business. D. Resolution to authorize advertising of new hearings with complete submissions for 7/15/04. V. POSSIBLE EXECUTIVE SESSION (t/b/d; litigation). Page 4 – Agenda (updated 6/15/04 12:07 PM) June 22, 2004 Regular Meeting Southold Town Board of Appeals