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Home My WebLink AboutZBA-08/02/2004 AGENDA Prep. 7/29 AGENDA SPECIAL MEETING MONDAY, AUGUST 2, 2004 Place of Meeting: Annex Conference Room, First Floor 6:00 p.m. Call to order by Chairwoman Oliva. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATION (SEQRA ): (t/b/d) II. DELIBERATIONS/DECISIONS: PH concluded 6/20/04: 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. (Upd. 7/15 applicant submitted calculations prepared by surveyor of lot coverage to ZBA office.) PHs concluded 7/15/04: 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. DIANA FISCHER #5551. Request for a Variance under Section 100-30A.3, based on the Building Department's March 29, 2004 Notice of Disapproval, for a new dwelling at less than 35 feet from the front property line, at 385 North Lane, East Marion; CTM 31-7-10. Page 2 – Agenda upd. 9/8/04 12:03 PM August 2, 2004 Special Meeting Southold Town Board of Appeals II. DELIBERATIONS/DECISIONS, continued: PHs concluded 7/15: DAVID HOFFMAN (Owners: DAN and LIDYA POLLOCK) #5558. Request for a Variance under Sections 100-242A and 100-244 based on the Building Department's June 3, 2004 Notice of Disapproval for additions with alterations at less than 10 feet on a single side yard, at 1230 Ruch Lane, Greenport; CTM 52-2-36. LENNY and LUCILLE LUFRANO #5556. Request for a Variance under Section 100-242A and 100-244, based on the Building Department's May 20, 2004 Notice of Disapproval concerning proposed additions with alterations at less than 40 feet from the front property line, at 610 Lupen Drive, Cutchogue; CTM #104-1-3. THOMAS and LAURA NIGRO #5536 (carryover from 6/22 PH). 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: Montauk Avenue, Fishers Island; CTM 10-7-5. LEONARD EPIFANO and PATRICIA RYAN #5557. Request for a Variance under Section 100- 244, based on the Building Department's May 24, 2004 Notice of Disapproval concerning proposed additions with alterations at less than 35 feet from the front lot line, at 1100 Water's Edge Way and Gin Lane, Southold; CTM 88-4-13. ANTHONY P. CARNESI #5559. Request for a Variance, based on the Building Department's May 12, 2004 Notice of Disapproval, concerning applicant’s plan to build a new non-conforming accessory building with a non-habitable use, replacing the existing accessory building in a nonconforming front yard. Sections 100-33 and 100-244B do not permit new construction at less than 40 feet from the front lot line and less than five (5) feet from the side lot line. Location of Property: 3536 Cedar Beach Road, Southold; CTM 93-1-6.2 JOHN F. McFEELY #5560. Request for a Variance under Section 100-239.4B, based on the Building Department's May 28, 2004 Notice of Disapproval concerning “as built” deck construction (reconstruction with extension) at less than 75 feet from the bulkhead, at 5900 Peconic Bay Boulevard, Laurel; CTM 128-2-9.1. 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. Page 3 – Agenda upd. 9/8/04 12:03 PM August 2, 2004 Special Meeting Southold Town Board of Appeals II. DELIBERATIONS/DECISIONS: PHs concluded 7/15: 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 of Property: 335 Rochelle Place, Mattituck; CTM 144-4-10. JOHN and MARTHA WATTS #5562. Request for a Variance under Sections 100-242 & 100-244, based on the Building Department's June 8, 2004 Notice of Disapproval concerning proposed additions at less than 40 feet from the front line and less than 15 feet on a single side yard, at 295 Harbor River Road, Orient; CTM 24-2-8. GENEVIEVE MCGRATH #5565. Request for a Variance under Section 100-244, based on the Building Department's November 10, 2003 Notice of Disapproval concerning proposed additions with alterations at less than 35 feet from the rear yard line, at 845 Private Road #4, Southold; CTM 66-1-28. SUSAN LOMANGINO (Highwind Farm, Inc., Mattituck Riding Arena) #5552. Request for a Special Exception under Section 100-31B(12) to establish a Riding Academy on the existing horse farm, at 1150 Old Main Road, Mattituck; CTM 122-7-8.6 . (Minimum 10 acres requested.) DAVID AND PATRICIA BERWALD #5554. Request for a Reversal of the Building Department’s April 27, 2004 Notice of Disapproval, or alternatively a Variance under Section 100-31A.1, based on the Building Department's April 27, 2004 Notice of Disapproval, concerning proposed additions with alterations to an existing accessory garage with a second dwelling design. The reason stated in the Notice of Disapproval is that a principal dwelling already exists on this lot, and Section 100-31A.1 permits only one dwelling on each lot. Location: 1525 Aquaview Drive, East Marion; CTM 22-2-3. FRANCOIS AND SUZANNE LATAPIE #5466. This is a request for a Variance under Section 100- 33, based on the Building Department's July 15, 2003 Notice of Disapproval concerning a proposed accessory garage in an area other than the required rear yard, at 1845 Broadwaters Road, Cutchogue; CTM #104-11-1.7. SOUTHOLD FIRE DISTRICT and OMNI-POINT COMMUNICATIONS, INC. #5554. 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: 55135 Main Road, Southold; CTM #62-2-11.1. Page 4 – Agenda upd. 9/8/04 12:03 PM August 2, 2004 Special Meeting Southold Town Board of Appeals II. DELIBERATIONS/DECISIONS: OTHER/DELIBERATIONS/DECISION in accordance with the May 6, 2004 Supreme Court Decision of ): the Hon. James Catterson, J.S.C. (Index No. 03-29553 MARY ZUPA #5266 Property: 580 Basin Road, Southold; CTM 81-1-16.7, relative to applicant’s proposal to construct a single family dwelling. III. PUBLIC HEARINGS: ( none) IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible deliberations/decisions - hearings concluded, Item III above (t/b/d). B. Regular Meeting 9:00 AM Thursday, 8/19/04: public hearings, continued work reviews of new and pending files for future calendars; deliberations/decisions/other actions . t/b/d C. New business. thrd D. Resolution to change date of 9 a.m. September Hearing calendar from Sept 16 to Sept. 23. V. POSSIBLE EXECUTIVE SESSION (t/b/d regarding pending litigation).