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Home My WebLink AboutZBA-08/19/2004 AGENDAAGENDA REGULAR MEETING THURSDAY, AUGUST 19, 2004 Place of Meeting: Southold Town Hall, Court Room/Meeting Hall. Time of Meeting: 9:00 AM Call to order by Chairwoman Oliva. 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 – all applications for setback/dimensional/lot waiver/accessory apartment/bed and breakfast, interpretation, noted at Agenda Item III below). Unlisted Actions: Fishers Island Club, Inc. #5533. Fitness Advantage #5582. II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: PH concluded 6/20/04: ROBERT LEIGHTON #5561. Request for a Variance under Sections 100-239.4B, 100-242A and 100-244B, based on the Building Department's May 25, 2004 Notice of Disapproval concerning additions with alterations, at less than 15 feet on a single side yard, less than 35 feet on total side yards, and less than 75 feet from the bulkhead. Location: 335 Rochelle Place, Mattituck; CTM 144-4-10. Other, on hold for updates/submission by applicant(s) due Friday before next meeting: 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: 2400 Bay Avenue, East Marion; CTM 31-16-8. 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. 9:00 a.m. 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. upd. 9/8/04 12:02 PM Page 2 – Agenda August 17, 2004 Special Meeting Southold Town Board of Appeals III. PUBLIC HEARINGS, continued:Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:10 a.m. GEORGE L. PENNY V #5573. Request for a Variance under Section 100-142, based on the Building Department’s June 30, 2004 Notice of Disapproval, for the reason that the proposed addition to the existing dwelling will be less than 70 feet from the rear property line. Zone District: Light Industrial. Location: 180 Kerwin Boulevard, Greenport; CTM 53-2-23. 9:20 a.m. JANET LARSEN and CAROL WITSCHIEBEIN #5569. Request for Variances under Sections 100-242A and 100-244, based on the Building Department’s June 30, 2004 Notice of Disapproval, for the reason that the proposed additions will be less than 15 feet on a single side yard, at 1000 Sound Beach Drive, Mattituck; CTM 99- 1-5. 9:40 a.m.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 102-7-22. 9:50 a.m.EDWARD L. KAVANAGH #5574. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department’s June 17, 2004 Notice of Disapproval, for the reason that the dwelling addition to the existing nonconforming garage will be less than 35 feet from the front yard line. Location: 11255 Sound Avenue, Mattituck; CTM 141-3-6.3. 10:00 a.m. 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 Road, Cutchogue; CTM 102-10-24. 10:10 a.m. 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. Zone District: B Business. 10:20 a.m. 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 of Clay Point Road, Fishers Island; CTM 2-1-11.3. 10:30 a.m. FISHERS ISLAND CLUB, INC#5533. Request for a Special Exception under Section 100-31B(7) for . construction 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. 10:40 a.m. 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) 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 floor area. Location of Property: North Side of Central Avenue, Fishers Island; CTM 6-6-20.7. upd. 9/8/04 12:02 PM Page 3 – Agenda August 17, 2004 Special Meeting Southold Town Board of Appeals III. PUBLIC HEARINGS, continued:Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 10:50 a.m. 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, Greenport; CTM 40.1-1-60. 11:00 a.m. 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 dwelling will be less than 35 feet from the rear yard line, at 2045 Gillette Dr., East Marion; CTM 38-3-13. 11:05 a.m. 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 at 25100 Main Road, Orient; CTM 18-6-6. 11:15 a.m. 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 increase the existing nonconforming lot coverage, at 1620 Village Lane, Orient; CTM 24-2-16. 11:30 a.m. DOMENICO RACANELLI #4452. (Continued from 6/22 PH for submission to ZBA of surveyor’s lot coverage Request for a Variance under Section 100-244, based on the Building Department’s May 4, 2004 calculations). 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. (End of public hearings, meeting continues as noted below:) IV.OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible deliberations/decisions - hearings concluded, Item III above (t/b/d). B. Special Meeting 6 PM Thursday, 9/2/04: continued work reviews of new and pending files for future calendars; possible deliberations/actions. (Tentative Location: Town Hall Conference Room). C. New business. D. Next Regular Meeting: Tuesday, Sept. 14, 2004 at Southold Town Hall. V. POSSIBLE EXECUTIVE SESSION (t/b/d; litigation).