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Home My WebLink AboutZBA-12/16/2004 AGENDA12/13 AGENDA REGULAR MEETING THURSDAY, DECEMBER '16, 2004 9:30 AM Call to order by (Acting) Chairman Orlando. 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 listed in III, infra). II. 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 Ellen Schultheis #5621. (PH carryover from 11/18). Request for Variances under Sections 100-242A and 100-244, based on the Building Inspector's December 3, 2003 Notice of Disapproval, amended September 21, 2004 concerning proposed additions with alterations which will constitute an increase in the degree of noncon- formance, with setbacks at less than 35 feet from the rear lot line, less than 10 feet on a single side yard, and lot coverage exceeding the code limitation of 20 percent, at 920 Medey Avenue, Mattituck; CTM Parcel 113-11-4.1. 9:35 AM MORTIMER KELLY #5630. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's August 16, 2004 Notice of Disapproval, for the reasons that the proposed additions with alterations will be less than 10 feet on a single side and less than 25 feet for both side yards, at (1195 (1145) Goose Creek Lane, Southold; CTM 78-8-8. 9:40 AM JAMES PAPPAS #5634. Request for a Variance under Section 100-244B, based on the Building Department's September 13, 2004 Notice of Disapproval concerning a lot coverage exceeding the code limitation of 20 percent for new swimming pool construction, at 650 Tasker Lane, Greenport; CTM 33-4-40. 9:45 AM ALEX KOUTSOUBIS #5629. Request for a Variance under Section 100-239.4A, based on the Building Department's August 16, 2004 Notice of Disapproval concerning swimming pool construction at less than the code required minimum 100 feet from the top of the bluff or bank adjacent to the Long Island Sound, at 1610 The Strand, Greenport; CTM 30-2-64. 9:50 AM NANCY LOUISE CARROLL #5627. Request for a Variance under Section 100-244, based on the Building Department's July 22, 2004 Notice of Disapproval concerning proposed additions with alterations which will be less than the code-required 35 feet from the front yard line, less than 15 feet on a single side yard, and exceeding 20 percent lot coverage, at 350 West Lake Drive, Southold; CTM 90-1-21. 10:00 AM PETER W. GAILLARD #5631. Request for a Variance under Section 100-244, based on the Building Department's December 24, 2003 Notice of Disapproval concerning as "as built" deck addition at less than the code required minimum 35 ft. from the front yard line, at Mansion House Drive, Fishers Island; CTM 6-5-8. Page 2 - Agenda (upd. 12/13/04) December 16, 2004 Regular Meeting Southold Town Board of Appeals II. 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. 10:05 AM CHARLOTTE DICKERSON #5616. Request for a Variance under Section 100-239.4, for relief from the conditions of previous Appeal No. 5256 and based on the Building Department's August 12, 2004 Notice of Disapproval, amended November 22, 2004, concerning the as-built location of a foundation for a new single- family dwelling at less than 100 feet from the top of the L.I. Sound bluff). Location of Property: 4630 Blue Horizon Bluffs, Peconic; CTM Parcel 74-1-35.51. 10:15 AM GRACE KEHLE #5624. Request for a Variance under Section 100-244, based on the Building Department's may 25, 2004 Notice of Disapproval, amended August 4, 2004, concerning a proposed conversion of an accessory building located at less than 40 feet from the front property line, for single-family dwelling use. Location: 630 Strohson Road, Cutchogue; CTM 103-10-12. 10:25 AM MARKO ANTICEV. Request for a Variance under Section 100-32, based on the Building Department's August 25, 2004 Notice of Disapproval, amended November 4, 2004, for a proposed parcel with a land area of less than 80,000 sq. ft. in this R-80 Residential Zone District. Location of Property: 2005 Old North Road, Southold; CTM 54-3-part or 26.4 (also shown as part of Lot 2, Map of Lighthouse Associates/Minor Subdivision). 10:35 AM NICK AND OLGA DIAKUN. Request for a Lot Waiver under Section 100-26 concerning Lot 2 containing 20,750+ sq. ft. as shown on the Map of Sunset Knolls, Section 2. Based on the Building Department's October 20, 2004 Notice of Disapproval, and Section 100-25, the properties have been merged due to common ownership with the first lot at any time after July 1, 1983, until the total lot size conforms to the bulk schedule requirements. Combined the lands total 45,132 sq. ft. Location of Property: 1180 (and 1060) Stanley Road, Mattituck; Sunset Knolls Subdivision, Section 2, Lots 1 and 2. Zone District: R-40 Residential 10:50 AM JOHN and JOANNE GOUVEIA #5615. Request for Variances from Sections 100-239.4, 100-242A and 100-244B, based on the May 26, 2004 Notice of Disapproval, amended November 22, 2004. The reasons stated for the denial of the building permit application is that the additions will have setbacks at less than 10 feet on a single side, less than 25 feet for total side yards, less than 100 feet from the bank or bluff adjacent to the Long Island Sound, and the lot coverage will exceed the code limitation of 20 percent. Location: 55405 CR 48, Southold; CTM Parcel 44-1-11. 11:00 AM ELIZABETH PEYTON and ANTHONY JUST #5632. Request for a Variance under Section 100-33, based on the Building Department's September 10, 2004 Notice of Disapproval, to locate a proposed swimming (lap) pool in an area other than a rear yard, at 195 Village Lane, Orient; CTM 18-5-8. 12:00 PM Resolution to adjourn to 1 PM for continuation. 1:00 PM Resolution to reconvene. 1:00 PM PETER and MARY JACOBS #5604. Request for a Variance under Section 100-244, based on the Building Inspector's August 30, 2004 Notice of Disapproval, amended November 5, 2004, concerning a new dwelling which will be less than 35 feet from the rear yard line and exceeds the 20% code limitation of lot coverage, at 940 Gillette Drive, East Marion; CTM 38-2-10. 1:05 PM C.D. REITER'S #5626 (Old Barge Restaurant). Request for a Special Exception under Article Xll, Section 100-121B(1), concerning construction of a proposed second-story addition, or upper level (mezzanine), to an existing restaurant located in the Marine II Zone District. Also requested is a Variance under Sections 100-242A, 100-22 Bulk Schedule, based on the Building Department's August 6, 2004 Notice of Disapproval concerning a setback at less than 25 feet from the rear lot line. Location of Property: 750 Old Main Road, N.Y.S. Route 25, Southold; CTM 56-6-8.7. Page 3 - Agenda (upd. 12/13/04) December 16, 2004 Regular Meeting Southold Town Board of Appeals II. 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. 1:10 PM FITF, LLC #5617. Request for a Variance under Section 100-122 based on the Building Inspector's January 12, 2004 Notice of Disapproval, amended September 21, 2004, for a proposed parcel with less than 80,000 square feet in a proposed subdivision (2.2), situated in a Marine II Zone. The remaining land (2.1) is situated in an R-80 Residential Zone. Location of Property: West Side of Reservoir Road near Silver Eel Cove), Fishers Island; CTM 1000-9-8-2, of 3.30 acres. 1:25 PM ORIENT FIRE DISTRICT #S408. Proposed telecommunications tower, replacing the existing tower, at 23300 Main Road, Orient; CTM 18-5-13.8. (End of hearings; public meeting continues.) III. DELIBERATIONS/DECISIONS: A. Hearing concluded 11/18/04: Kristopher Pilles #5612. Request for a Waiver under 100-26 to unmerge undersized lot from adjacent parcel CTM 1000-22-2-36 (50 Stars Road) based on the Building Inspector's August 27, 2004 Notice of Disapproval which states that the applicant's properties have been merged since 1983. 395 Cedar Drive West, East Marion; 22-2-37. B. Hearings concluded from II, above: (t/b/d). IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Special Meeting 6 PM, Thurs. 1/6/05: agenda items may include work session; continued work reviews of new files for future calendars; resolutions/findings/decisions on carryovers. B. New business. C. Resolution to authorize advertising of hearings for Thursday, January 20, 2005. V. POSSIBLE EXECUTIVE SESSION (t/b/d).