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Home My WebLink AboutZBA-09/07/2004 Agenda (2)AGENDA with staff notes updated 9/8/04 ZBA - SPECIAL MEETING 6 PM TUESDAY, SEPTEMBER 7, 2004 Present: All. Place of Meeting: Southold Town Annex/NFB Building, Corner of Youngs & Main. 6:12 PM Call to order by Chairwoman Oliva. I.STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): (none confirmed) II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: (PH was concluded 6/22/04 pending applicant’s submission; engineer’s letter submitted 8/25; as 9/3 updated by applicant with alternative plan reducing lot coverage from 905 sf. to 580 sf): 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 increased 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: (VO 2400 Bay Avenue, East Marion; CTM 31-16-8. Staff note ref: board action: Denied with grant of alternative relief, reducing lot coverage requested from 905 sq. ft. to 310 sq. ft; also increase side setbacks from 0’ to min. 3’ each; also increase setback to 5’ from 0’ from bulkhead/rear line. Ref. PHs concluded 8/19: JEFFREY S. SMITH #5566. Request for a Variance under Sections and 100-244, based on the Building Department’s June 15, 2004 Notice of Disapproval, for the reason that the lot coverage with the proposed addition will exceed the code limitation of 20 percent. Location: 955 Pequash Avenue, Cutchogue; CTM 103-7-22 (gg)Staff note: approved as applied . (Mr. and Mrs. Smith present during deliberations/action.) LAWRENCE AND JOAN ANDERER #5570. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department’s June 2, 2004 Notice of Disapproval, for the reason that the additions/alterations will be less than 10 feet on a single side yard, and less than 25 feet for both side yards. Location: 950 Strohson Staff note: approved as applied. Road, Cutchogue; CTM 102-10-24 . (gg) FITNESS ADVANTAGE #5582 (Owners: W. & E. Hufe). Request for a Special Exception under Section 100-101B, based on the Building Department’s July 19, 2004 Notice of Disapproval, for conversion of the existing commercial building to a recreational/fitness facility. Location: 3750 Youngs Avenue, Southold; CTM 55-2-16. Staff notes: approved as applied. Zone District: B Business. (lk/lt) WHITNEY B. ARMSTRONG #5577. Request for a Variance under Section 100-239.4A.1, based on the Building Department’s March 19, 2004 Notice of Disapproval, amended May 14, 2004, for the reason that the proposed dwelling will be less than 100 feet from the top of the bluff or bank adjacent to the Sound. Location: North Side Staff note: approved as applied. of Clay Point Road, Fishers Island; CTM 2-1-11.3. (jd) FISHERS ISLAND CLUB, INC#5533. Request for a Special Exception under Section 100-31B(7) forconstruction . of tennis pavilion buildings, which includes a pro shop with office, bathroom, screened porch area, for private use by the club membership. Location of Property: South Side of East End Road, Fishers Island; CTM 4-6-9. (jd) Staff note: approved as applied. ISLAND HEALTH PROJECT, INC./FIDCO #5578. Request for a Variance under Section 100-31C(2), based on the Building Inspector’s March 16, 2004 Notice of Disapproval, amended April 8, 2004 for the following reasons: (1) upd. 9/8/04 12:01 PM Page 2 – Agenda September 7, 2004 Special Meeting Southold Town Board of Appeals the proposed dwelling appears to be designed as a “health clinic” as opposed to a doctor’s home professional occupation/office, and (2) the proposed accessory use as a doctor’s office measures 1650 sq. ft. in total size, encompassing more than 50 percent of the total building, and in excess of the code limitation of 500 sq. ft. of Staff note: floor area. Location of Property: North Side of Central Avenue, Fishers Island; CTM 6-6-20.7. (gg) approved as applied. ELIZABETH TWOMEY #5579. Request for a Variance under Section 100-242A and 100-244, based on the Building Department’s July 19, 2004 Notice of Disapproval, stating that the “as built” deck does not meet ZBA Condition No. 4502 rendered 8/28/97, for a size 8’ x 12’ when located less than 35 feet from the front property line. The “as built” deck is an increase in degree of nonconformance (ref. length). Location of Property: 135 Calebs Way, (LT) Greenport; CTM 40.1-1-60. Staff note: approved as applied. CLEAVES POINT CONSTRUCTION CORP. #5576. Request for a Variance under Section 100-244B, based on the Building Department’s May 7, 2004 Notice of Disapproval, amended June 18, 2004, stating that the proposed Staff dwelling will be less than 35 feet from the rear yard line, at 2045 Gillette Dr., East Marion; CTM 38-3-13. note: Denied 15’ and granted alternature at 19’ setback. RONNIE and JANICE SOFFER #5563. Request for a Special Exception under Article III, Section 100-30A.2B and 100-31B, sub-sections 14a-d of the Southold Town Zoning Code for an Accessory Bed and Breakfast, accessory to the owner’s occupancy in this single-family dwelling, for lodging and serving of breakfast to not more than six (6) casual and transient roomers, clearly incidental and subordinate to the principal use of the owner’s residence Staff notes: approved as applied. at 25100 Main Road, Orient; CTM 18-6-6. ( lk/lt) JAMES AND SARA GARRETSON #5571. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department’s June 28, 2004 Notice of Disapproval, amended July 20, 2004, citing the lot coverage limitations of 20% of the code and 24+- percent as exists.. The applicant proposes a porch addition which will (lt) Staff note: increase the existing nonconforming lot coverage, at 1620 Village Lane, Orient; CTM 24-2-16. approved as applied. DOMENICO RACANELLI #4452. 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: 3300 Manhasset Avenue, Greenport; 43-4-19. Staff notes ref. board action: Denial and granted alternative relief at 26.02% lot coverage, reducing garage to 10’ x 22’ with 15’ side, 11’ on rear, 16’8” on front setbacks. (Results in reduction of dwelling from 33’ to 27’ at deepest point. Meeting ended 7:20+- PM. III. PUBLIC HEARING: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. (None) IV.OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Next Regular Meeting: 9:30 AM, Tuesday, Sept. 14, 2004, Southold Town Meeting Hall. B. New business. C. Reminder: Special Meeting 6 PM Thursday, 10/7/04: continued work reviews of new and pending files for future calendars; possible deliberations/actions. (Tentative Location: Town Hall Conference Room). D. Resolution to authorize advertising of new applications for October 21, 2004 commencing at 9:30 AM. V. POSSIBLE EXECUTIVE SESSION (t/b/d; new litigation).