The URL can be used to link to this page

Home My WebLink AboutZBA-08/21/2003 AGENDA7-22/Ik; upd. 8/19 AGENDA REGULAR MEETING AUGUST 21,2003 9:00 a.m. Call to order by Chairwoman. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): Type II Actions (No further steps) Setback/Dimensional/Lot Waiver Requests/Accessory Apartment/Bed and Breakfast: CHARLES BOCKLET #5364. DONALD ANNINO #5372. LINDA FASBACH #5375. ANDREVV NIKOLICH #5368. ,JOSEPH, DOROTHY and SUSAN ULRICH #5370. ANN MARIE KELLY #5373. ,JOSEPH FARRELL/ORIENT POINT HOLDING CO. #5374. ALFRED MAGILL #5362. BEN,JAMIN AND PATRICIA CALDERONE #5361, #5409. PAUL PAWLOWSKI/REFLECTING NATURE LANDSCAPING INC. MICHAEL AND CATHY LEHRHOFF #5376. OMNIPOINT COMMUNICATIONS, Lessee (GEORGE L. PENNY, INC., Owner II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Pending decision (hearing concluded 6/19/03): Helen Theoharis #5331 Pending decisions (hearings concluded 7/10/03): Michael Pisacano #5381 Christopher and Virginia Coyne #5323 Pending decision (hearing concluded 7/24/03): Zoumas Contracting #5344 Pending decisions (hearings concluded 8/7/03): F. and J. Frohne #5317 Towbee, LLC (pending letter from applicant's attorney) #5355 Page 2 - Agenda upd. 1/7/05 August 21, 2003 Regular Meeting Southold Town Board of Appeals III. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. Afl testimony shall be limited to zoning issues properly before the Board. 9:30 a.m. E. and R. TRIPPE #5300 and #5308 (carryover from 5/15). Based on the Building Department's January 21, 2003 amended Notice of Disapproval, applicants request Variances under Sections 100-33, Section 100-31A, to construct an accessory swimming pool and garage/accessory structure in a front yard area. The accessory building was disapproved also as a second dwelling construction, by design. Location of Property: Central Avenue, Fishers Island; 6-3-6.1. (Pending submission of 6/19 amended Floor Plans by applicant to Building Department for determination.) Stephen L. Ham III, Esq. 9:40 a.m. DEBRA VICTOROFF #5334. (Carried from 6/19 - pending review by Building Department of proposed location of accessory pool; also for Mr. T. Roslak, adjacent landowner, for time to consult counsel). Applicant requests a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval, for a proposed dwelling at 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). Proper- T Services, Inc. 9:50 a.m. CHARLES BOCKLET #5364. Based on the Building Department's April 14, 2003 Notice of Disapproval, amended July 14, 2003, applicant requests a Variance under Section 100-30A.3 to construct additions/alterations to an existing dwelling with a rear yard at less than 50 feet, at 1295 Robinson Lane, Peconic; CTM #1000-98-5-2, 3 and 4 (combined as one). 10:00 a.m DONALD ANNINO #5372. Based on the Building Department's May 9, 2003 Notice of Disapproval, applicant requests a Variance under Section 100-244 to construct an addition to the existing dwelling with a rear yard setback at less than 50 feet, at 1400 Hiwathas Path, Southold; CTM #78-3-48. 10:10 a.m. DONALD AND VIVIAN SONNENBORN #5315. Based on the Building Department's January 9, 2003 Notice of Disapproval, applicants request a Variance under Sections 100-242A and 100-244, to construct additions/alterations to an existing dwelling with side yards at less than 20 feet on a single yard and less than 45 feet for both yards, at 690 Old Woods Path, Southold; CTM #87-1-20. 10:20 a.m. LINDA FASBACH #5375. Based on the Building Department's May 12, 2003 Notice of Disapproval, applicant requests Variances under Sections 100-239.B, 100-242A, and 100-244, for proposed: (1) addition to an existing dwelling with total side yards at less than 25 feet, (2) 'as built' deck addition at less than 75 feet from the bulkhead, (3) lot coverage in excess of the code limitation of 20% of the lot size. Location of Property: 2905 Bay Shore Road, Southold; CTM #53-6-4. 10:30 a.m. ANDREW NIKOLICH #5368. Based on the Building Department's April 25, 2003 Notice of Disapproval, amended May 6, 2003, applicant is requesting variances for an accessory shed and addition to the existing dwelling, both less than 75 feet from the bulkhead, at 650 Budds Pond Road, Southold; #56-5-15. 10:40 a.m. JOSEPH, DOROTHY AND SUSAN ULRICH #5370. Based on the Building Department's March 31, 2003 Notice of Disapproval, applicants request a Variance under Section 100-244 for an 'as-built' deck addition at less than 50 feet from the rear property line, at 2345 Mill Creek Drive West, Southold; CTM #51-6-39. Page 3 - Agenda upd. 1/7/05 August 21, 2003 Regular Meeting Southold Town Board of Appeals III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. Afl testimony shall be limited to zoning issues properly before the Board. 10:50 a.m. ANN MARIE KELLY #5373. Based on the Building Department's April 16, 2003 Notice of Disapproval, applicant requests Variances under Sections 100-242A, 100-244, and 100-239.4B for additions to the existing dwelling: (a) at less than 35 feet from the front lot line, and (b) less than 75 feet from the bulkhead, at 600 Private Rd. #4, Orient; CTM #24-2-11. 11:00 a.m. JOSEPH FARRELL/ORIENT POINT HOLDING CO. #5374. Based on the Building Department's March 21, 2003 Notice of Disapproval, applicant requests a Variance under Section 100-244 to locate a new dwelling at less than 35 feet from the front lot line, at 235 Mill Creek Drive, Southold; CTM #135-4-26. 11:10 a.m. ALFRED MAGILL #5362. Based on the Building Department's April 21, 2003 Notice of Disapproval, applicant is requesting a Variance under Section 100-244B for proposed alterations to an accessory garage existing at less than 35 feet from the front lot line, at 1145 Fleetwood Rd, Cutchogue; CTM #137-4-26. Agenda continues (see afternoon session page). Resolution for adjournment, reconvening at 12:45 p.m. 12:45 p.m. Resolution to reconvene. Carryovers, if any, from morning session. III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. Afl testimony shall be limited to zoning issues properly before the Board. 1:00 p.m. BENJAMIN AND PATRICIA CALDERONE #5361 and #5409. Based on the Building Department's May 15, 2003 Notice of Disapproval, applicants request a Variance under Section 100-30A for an addition with a separate entrance, which addition will contain habitable living space, including two bedrooms, an eat-in kitchen, a living room and a bathroom. In the alternative, a Special Exception and Variance under Sections 100-31B and 100-32 are requested, based on the Building Department's determination that this lot does not contain the required 60,000 sq. ft. of land area and a two-family dwelling is permitted by Special Exception. Location of Property: 260 Pond Avenue, Southold; CTM #56-1-part of 2.1. 1:10 p.m. PAUL PAWLOWSKI/REFLECTING NATURE LANDSCAPING INC. (a) #5365-A for Variances under Sections 100-62A and 100-63A, based on the Building Department's April 22, 2003 Notice of Disapproval, to establish business use on this 47,741 sq. ft. parcel and construct a building on the existing 47,760 sq. ft. lot, and with a setback at less than 100 feet from the right-of-way facing Cox Neck Road; and (b) #5365-SE for a Special Exception under Section 100-61B(2) to establish contractors' business and/or yard in this Limited Business Zone District. Location of Property: 260 Cox Neck Road, Mattituck; Heritage Harbor Filed Map, Lot #10; CTM #113-14-10. Page 4 - Agenda upd. 1/7/05 August 21, 2003 Regular Meeting Southold Town Board of Appeals III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated, Afl testimony shall be limited to zoning issues properly before the Board, 1:20 p.m. MICHAEL AND CATHY LEHRHOFF #5376. Based on the Building Department's March 4, 2003 Notice of Disapproval, amended May 20, 2003, applicants request a Variance under Sections 100-242A and 100-244B in their request for an amendment to Building Permit #28945-Z, for deck extensions, portions of which do not meet the required 40 ft. front setback and 50 ft. rear setback, at 230 Wunneweta Road, Cutchogue; CTM #104-11-12.1. 1:30 p.m. OMNIPOINT COMMUNICATIONS, Lessee (and GEORGE L. PENNY, INC., Owner) #5357. Based on the Building Department's April 1, 2003 Notice of Disapproval, applicant requests: (1) an Interpretation of Section 100-162 for reversal of the Building Department's Notice of Disapproval, or (2) alternatively, a Variance under Section 100-162 for the location of a proposed telecommunications tower at less than 300 feet from historical properties (1000-141-3-35 and 1000-141-3-39) listed on the Society for the Preservation of Long Island Antiquities Inventory of Southold Historic Properties. Location of Property: 12585 Sound Avenue, Mattituck; Parcel 1000-141-3-36.1. 1:45 p.m. MARY ZUPA #5266. (Written submitted by attorneys of record on 7/16 as agreed). (Carryover from July 24th agenda/hearing). Applicant requests Variances under Sections 100-24B and 100-32, based on the Building Department's October 30, 2002 Notice of Disapproval for construction of a single family dwelling. The reasons stated in the Notice of Disapproval are: 1) the construction of a single family dwelling on a nonconforming 75,667 sq. ft. parcel in the R-60 District is not permitted; 2) the lot is not recognized, and its use is a marina, and 3) the construction of a single family dwelling would constitute a second use. Property Location: 560 Basin Road, Southold (Paradise Point); CTM #81-1-16.7. 2:00 p.m. NICOLO AND CAROLINE DIBARTOLO #5254 - Request for a Special Exception under Section 100-31B, to establish Accessory Bed and Breakfast Use for lodging and serving of breakfast to transient guests, in conjunction with the owner's residence at 475 Condor Court (extends off the east side of North Oakwood Rd), Laurel; Parcel 1000-127-3-6.2. End of hearings. Public meeting continues: IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Special Meeting 6:00 p.m. September 11, 2003: Agenda items may include public hearings adjourned from August 21, 2003 new application calendar, continued work reviews of new files for future calendars; possible findings/decisions on carryover applications. B. New business. C. Resolution to authorize advertising of new hearings for the September 25th Regular Meeting. D. Possible deliberations/decisions on hearings held and concluded earlier (t/b/d). V. POSSIBLE EXECUTIVE SESSION (t/b/d). Page 5 - Agenda upd. 1/7/05 August 21, 2003 Regular Meeting Southold Town Board of Appeals