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HomeMy WebLinkAboutZBA-10/23/2003 AGENDA10/6; 10/8; 10/21; 10/22 ZBA AGENDA REGULAR MEETING OCTOBER 23, 2003 9:00 a.m. Call to order. 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): William and Mary DeBruin #5405 P. Mettes and L. Callaghan #5413. A. and $. Waggoner #5410. J. Parker Wickham #5403. J. Ann Pignato and Maria Regina #5415. Paul Sennet #5402. Howard Meinke #5400. Priscilla Reilly #5404. Paul Stetz #5401. Gerard and Karen Diffley #5431. Rita Jones #5414. H. and D. Sutherland #5412. Michael and MaryEIlen Cirrito #5417. Unlisted Action: (none) Others/Pendinq Lead Agency and Coordination/Review Steps: Stanley Malon #5383 Oki-Do #5397 Main Road Brokerage #5407 II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Pendinq decision (hearing concluded 7/10/03): VIRGINIA and CHRISTOPHER COYNE #5323. Request for: (a) living space in a non-habitable accessory building, with a proposed addition; (b) proposed additions/alterations to a non-habitable accessory building, and (c) "as built" accessory shed located in an area other than the code required rear yard. $310 Soundview Avenue, Southold; CTM 59-7-29. Page 2 - Agenda updated 1/7/05 10:44 AM Regular Meeting - October 23, 2003 Southold Town Board of Appeals POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS, continued from p. 1: Hearinq concluded 8/21/03: ALFRED AND MARY MAGILL #5362. (10/15 applicant submitted plan revising roof design with letter of explanation). Based on the Building Department's April 21, 2003 Notice of Disapproval, applicants request a Variance under 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. Hearinq concluded 9/25/03: JASON TAGGART #5389. This is a request for Lot Waivers under Section 100-26 to unmerge a vacant land area of 13,750+- sq. ft., referred to as CTM 1000-78-3-29 from a area, from an improved lot of 12,650 sq. ft. referred to as 1000-78-3-28. Based on the Building Department's May 23, 2002 Notice of Disapproval, the properties have merged under Section 100-25 due to common ownership with the first lot at any time after July 1, 1983. Zone District: A/C Agricultural-Conservation. Location of Property: 815 Wabasso Road, Southold; CTM 1000-78-3-29. Hearing concluded 1019103: R. and A. COMBS #5393. Request for Variances under Sections 100-242A, 100-244, and 100-33, based on the Building Department's Notice of Disapproval amended July 17, 2003, concerning proposed additions to the dwelling with side yards at less than 15 on one side and 20 feet on the other side, for a total at less than 35 feet when combined; and existing location of the as-built shed at less than five (5) feet from the property line. Location of Property: 6525 Indian Neck Lane, Peconic; Parcel #86-6-24. 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. 9:30 a.m. Possible Resolution for adiournment to Dec. 18th at 9:30 a.m requested by Stephen L. Ham, Esq. 10/21/03: E. and R. Trippe #5300 and #5308 (carryover from 8/21). (Also await update from applicant's attorney regarding most recent amendment to Floor Plans.) Opposing attorney: Helen Rosenblum. Page 3 - Agenda updated 1/7/0510:44 AM Regular Meeting - October 23, 2003 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. 9:40 a.m. Debra Victoroff #5334. (Carp/over from 8/21 - pendin.q review by Buildinq Department of proposed location of accessory pool; also for Mr. T. Roslak, adiacent 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.; opposing attorney: Helen F~osenblum. 9:45 a.m. Daniel Denn #5221 (Carryover request from 9/25 for Ch. 58 notices and attendance by applicant). This is a request for a Variance under Section 100-30A.4, based on the Building Department's August 22, 2002 Notice of Disapproval, to locate a proposed accessory swimming pool in an area other than a required rear yard, at 275 Major's Path, Southold; 54-1-26.1. Adjournment necessary; as of 10/21 applicant did not complete required Ch. 58 notices for certified mailings or posting of sign. 9:50 a.m. Linda Fasbach #5375 (Carp/over from 8/21 for possible alternative plans or other update from applicant). 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: (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. 2905 Bay Shore Road, Greenport; 53-6-4. Richard Lark, Esq. Note: Amended 10/16/03 Notice of Disapproval for 27.58% lot coverage issued by Building Department (as of 10/21 await breakdown calculations from Architect and/or maps). 10:00 a.m. William and Map/ DeBruin #5405. This is a request for a Variance under Section 100-242A (ref. 100-244B), based on the Building Department's May 19, 2003 Notice of Disapproval, amended June 30, 2003, for proposed additions/alterations to the existing dwelling with a single side yard setback at less than 15 feet. Location of Property: 2570 Pine Tree Road, Cutchogue, 1000-104-2-13. 10:10 a.m.P. Mettes and L. Calla.qhan #5413. Request for a Variance under Section 100- 82A, based on the Building Department's July 17, 2003 Notice of Disapproval, for proposed additions/alterations to existing commercial building with a side yard at less than 20 feet, at 43715 C.R. 48 (a/k/a Middle Road or North Road), Southold; 1000-59-3-30. Page 4 - Agenda updated 1/7/05 10:44 AM Regular Meeting - October 23, 2003 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. 10:30 a.m.A, and $. Wa.q.qoner #5410. Request for a Variance under Section 100-242A, ref. 100-244B, based on the Building Department's May 30, 2003 Notice of Disapproval, for proposed additions/alterations to the existing dwelling at less than 40 feet from the rear property line, at 1695 Wickham Avenue, Mattituck; 1000-140-1-1. Possible adjournment to to extend hearing time requested due to untimely mailings and posting of sign by application as required under Ch. 56. 10:40 a.m.J. Parker Wickham #5403. Request for a Variance under Section 100-242A, ref. 100-244B, based on the Building Department's May 30, 2003 Notice of Disapproval, for proposed alterations to existing dwelling within 40 feet from the front property line, at 710 Park Avenue Ext., Mattituck; 1000-123-8-28.5 Agenda continues (see afternoon session). Resolution to adjourn, reconvening at 1 p.m. * ************************* ************ ********************* 1 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. All testimony shall be limited to zoning issues properly before the Board. 1:00 p.m. Omnipoint Communications, Lessee (George L. Penny, Inc., Owner) #5357. (Carryover from 6/21: standards for a "use" variance and related were submitted by attorney as requested). 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: 12585 Sound Avenue, Mattituok; Parcel 1000-141-3-38.1. (Letter received from applicant's attorney requesting determination on Appeal for Interpretation; also possible adjournment expected to be requested by fax from attorney for hearing date of Dec. 18th). Page 5 - Agenda updated 1/7/05 10:44 AM Regular Meeting - October 23, 2003 Southold Town Board of Appeals PUBLIC HEARINGS, continued from A.qenda Item III, P. 4: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 1:20 p.m.J. Ann Pi.qnato and Maria Reqina #5415. Request for a Variance under Section 100-33, based on the Building Department's May 19, 2003 Notice of Disapproval, for a proposed accessory garage in a yard other than the rear yard, at 28545 Main Road, Orient; 18-6-24.3 1:30 p.m. Paul Sennet #5402. Request for a Variance under Section 100-242A, based on the Building Department's June 27, 2003 Notice of Disapproval, for a proposed porch addition at less than 35 feet from the front lot line and rear lot lines, at 450 Richmond Road East, Southold; 135-3-7. 1:40 p.m. Howard Meinke #5400. Request for a Variance under Section 100-244, based on the Building Department's May 30, 2003 Notice of Disapproval, for approval of the "as- built" setback location of a deck and hot tub addition at less than 40 feet from the front lot line, at 2130 Broadwaters Road, Cutohogue; 104-9-13. 1:50 p.m. Priscilla Reilly #5404. Request for a Variance under Section 100- 242A, ref. 100-244B, based on the Building Department's June 13, 2003 Notice of Disapproval for a two-story addition at less than 10 feet on a single side yard and less than 25 feet for total side yards, after demolition of an attached garage, at 865 Old Shipyard Lane, Southold; 64-5-20. 2:00 p.m. Paul Stetz #5401. This is a request for a Variance under Section 100-242A, ref. 100-244B, based on the Building Department's June 16, 2003 Notice of Disapproval. III. Applicant proposes a stairway and landing addition with rear yard setback at less than 35 feet, at 270 North Sea Drive, Southold; 54-5-50. 2:10 p.m. Gerard and Karen Diffley #5431. This is a request for a Variance under Section 100-242A, ref. 100-244B, based on the Building Department's August 1, 2003 Notice of Disapproval, amended September 3, 2003. Applicants propose a second-story addition at less than 35 feet from the front lot line, at 432 Lupton Point Road, Mattituck; 115-11-1. 2:20 p.m. Rita Jones #5414. This is a request for a Variance under Section 100-244B, based on the Building Department's July 11,2003 Notice of Disapproval for a new addition which is an expansion into the single side yard setback which is less than 10 feet, and total side yards less than 25 feet, at 1335 Island View Lane, Greenport; 57-2-15. Page 6 - Agenda updated 1/7/05 10:44 AM Regular Meeting - October 23, 2003 Southold Town Board of Appeals PUBLIC HEARINGS, continued from A.qenda Item III. P. 5: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 2:30 p.m.H, and D. Sutherland #5412. This is a request for a Variance under Section 100-242A, ref. 100-244B, based on the Building Department's May 30, 2003 Notice of Disapproval for a handicap ramp and deck addition with a single side yard at less than 10 feet and total side yards at less than 25 feet, at 3715 Stillwater Ave., Cutchogue; 136-2-12. 2:55 p.m. Michael and MaryEIlen Cirrito #5417. This is a request for Variances under Sections 100-242A (ref. 100-244B) and 100-239.4B, based on the Building Department's July 15, 2003 Notice of Disapproval, for proposed additions/alterations at less than a single side yard of 10 feet and less than 75 feet from the bulkhead, at 7625 Nassau Point Road, Cutchogue; 116-4-4. End of hearings. Public meeting continues: IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible deliberations/decisions - hearings concluded, Item III list (above). B. Special Meeting 6:00 PM 11/6/03: agenda items may include continued work reviews of new files for future calendars; possible findings/decisions on carryovers. C. New business. D. Resolution to authorize advertising of new hearings for 11/20/03 Reg. Mtg. E. Resolution to approve Minutes of Special Meeting held October 9, 2003. F. Discussion/Possible Resolution: Recent update/Court Determination, ZBA #4537. G. Discussion/Possible Resolution: Request for Special Counsel (matters in litigation). H. V. POSSIBLE EXECUTIVE SESSION (pending litigation).