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HomeMy WebLinkAboutZBA-12/18/2003 AGENDA12/1; 12/2; 12/10; '12/'15 ZBA AGENDA REGULAR MEETING THURSDAY, DECEMBER 18, 2003 9:00 a.m. Call to order. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): RESOLUTION declaring the following Negative Declarations 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): M. and C. Hartmann #5425 G. Kapassakis #5440 T. Capozzola #5444 E. Strupp #5442 E. and M. Corwin #5445 J. Henry #5436 J. Stadelmann and J. Coleman #5437 D. Tzanopoulos #5449 P. Jeselsohn and F. DuBois #5448 P. and N. Rodilosso #5443 D. Moore #5447 S. Ulrich and others #5460 D. Grim #5441 Main Road Brokerage #5407 F. Orito #5446 II. POSSIBLE DELIBERATIONS/POSSIBLE DECISION on the following application: D. and L. DeFeis #5438. 11120103 Public Hearing concluded. 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 AM E. and R. TRIPPE #5300 and #5308. (Carryover from 10/23 for update by attorney regarding alternative design.) 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. Site location: Central Avenue, Fishers Island; 6-3-6.1. RESOLUTION to adjourn per ~2/~2/03 letter from applicant's attorney (Possible PH: March ~8, 2004, 9:35 AM); pendin.q receipt of Buildinq Inspector's Amended Notice of Disapproval re.qardin.q applicant's 6/fg submission of amended desiqn and lay°ut' °r °ther update fr°m applicant re'qardin'q acquisiti°n °f adj°inin'q parceL Stephen L. Ham, Esq. Page 2 of 4 -Agenda upd. 1/7/05 December 18, 2003 Public Hearings Southold Town Board of Appeals 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. 9:35 AM LOCKE and SARA RIDGWAY McLEAN #5388 Carryover from 9/25/03; 1~/~7/03 received applicant's letter with ~/~0/03 revised plan and Building Inspector's ~/~3/03 Amended Notice of Disapproval. This is a request for a Variance under Section 100-33 concerning the location of a proposed garage with greenhouse in an area other than the required rear yard. Location of Property: Bounded on the east by Oriental Avenue and on the south by The Gloaming Roadway, Fishers Island; Parcel 1000-10-10-5. RichardF. Lark, Esq. 9:45 AM MARTIN AND CLORINDA HARTMANN #5425. Applicants request Variances under Section 100-244, based on the Building Department's June 18, 2003 Notice of Disapproval, concerning a proposed addition to dwelling with a single side yard at less than 10 feet and rear yard at less than 35 feet, at 275 Anglers Road, Greenport; Parcel 36-2-14. 9:50 AM GEORGEA KAPASSAKIS #5440. Applicant requests Variances under Section 100-244, based on the Building Department's September 5, 2003 Notice of Disapproval concerning the location of a proposed dwelling at less than 40 feet from the front lot line and less than 50 feet from the rear lot line, at 955 Cedar Drive, East Marion; Parcel ~000-22-2-43. Suffolk Environmental Consulting, Inc. 10:00 AM TERRY CAPOZZOLA #5444. Applicant requests a Variance under Section 100-244, based on the Building Department's August 4, 2003 Notice of Disapproval concerning the as-built location of an enclosed porch at less than 35 feet from the front lot line, at 10950 Sound Avenue, Mattituck; Parcel 1000-142-1-17. Diana Foster (contract vendee). 10:10 AM ELIZABETH STRUPP #5442. Applicant requests Variances under Section 100-33C, based on the Building Department's August 25, 2003 Notice of Disapproval concerning the as-built location of a shed, proposed accessory poolhouse structure, and proposed deck, all less than 60 feet from the front lot line, at 3 Brooks Point Road (private road), Fishers Island; Parcel 1000-3-3-5. 10:20 AM EVERETT AND MELISSA CORWIN #5445. Applicants request Variances under Section 100-244, based on the Building Department's September 5, 2003 Notice of Disapproval concerning the proposed location of a new porch addition at less than 35 feet from the front lot line, less than 10 feet on a single side yard, less than 25 feet total side yards, and lot coverage exceeding 20% of the total lot size, at 706 Brown Street, Greenport; Parcel 1000-48-3-22. 10:30 AM JOHN B. HENRY #5436. Applicant requests a Variance under Section 100-244, based on the Building Inspector's August 14, 2003 amended Notice of Disapproval, concerning a proposed addition at less than 35 feet from the rear lot line, less than 25 feet on a single side yard, and exceeding the 20% lot coverage limitation. Location of Property: 2360 Village Lane, Orient; Parcel 1000-26-1-15.1. H. Ariizumi, Arch. 10:40 AM JOHN STADELMANN AND JEANNETTE COLEMAN #5437. Request for Waiver under Section 100-26 to unmerge a vacant area of 20,402 square feet, 2080 Stars Road, East Marion (Soundcrest Woods, Section I, #15, CTM 22-4-20. Based on the Building Department's July 17, 2003 Notice of Disapproval. This area merged under Section 100-25 with 20,313 sf. referred to as 1980 Stars Road, Soundcrest Woods #14, CTM 22-4-19. David Fa#on, Esq. 10:50 AM DEMETRA TZANOPOULOS #5449. Applicant requests Variances under Sections 100-242A and 100- 244, based on the Building Department's September 29, 2003 Notice of Disapproval, concerning the location of a proposed addition and alterations at less than 35 feet for total side yards, and with lot coverage in excess of 20% Page 3 of 4 -Agenda upd. 1/7/05 December 18, 2003 Public Hearings Southold Town Board of Appeals of the total lot area, at 1040 Homestead Way, Greenport; Parcel 1000-40-2-21. Art of Form Architecture. II1. 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. 11:00 AM P. JESELSOHN AND F. DUBOIS #5448. Applicants request Variances under Section 100-244 based on the Building Department's October 2, 2003 Notice of Disapproval concerning the demolition of an existing dwelling and proposed new dwelling at less than 35 feet from the front lot line and less than 35 feet from the rear lot line, at 55 Bay Avenue, Greenport; Parcel 43-4-45. Samuels & Steelman, Arch. 11:10 ~J~ PHIL AND NANCY RODILOSSO #5443. Applicants request a Variance under Section 100-242A and 100-244, based on the Building Department's August 29, 2003 Notice of Disapproval for proposed alterations and new addition at less than 10 feet on a single side yard, at 2815 Sigsbee Road, Mattituck; Parcel 126-6-3.1. 11:20 ~J~ DARBY MOORE #5447. Applicant requests a Variance under Section 100-242A based on the Building Department's September 24, 2003 Notice of Disapproval concerning proposed additions and alterations at less than 40 feet from the front lot line, at 50 Oak Road, New Suffolk; Parcel 117-2-1. Samuels & Steelman, Arch. 12:00 PM Resolution to adjourn to 1 PM for continuation. 1:00 PM Resolution to reconvene. 1:00 PM OMNIPOINT #5357. Resolution to confirm and to cancel hearing. (Application is moot, see 1116103 Interpretation.) 1:00 PM SUSAN, JOSEPH AND DOROTHY ULRICH #5460. Applicants request a Variance under Section 100-242, based on the Building Department's October 30, 2003 Notice of Disapproval, concerning a proposed dormer addition at less than 50 feet from the rear lot line, at 2345 Mill Creek Drive, Southold; Parcel 1000-51-6-39. 1:05 PM DONALD GRIM #5441. Applicant requests a Variance under Section 100-31A.2 based on the Building Department's January 23, 2003 Notice of Disapproval concerning a proposed horse barn on a 7.467-acre lot instead of the code required 10 acres, after applying five (5) acres of tillable land for the existing farm stand use at 22745 C.R. 48, Cutchogue; Parcel 1000-84-1-25.2. G. Strang, R.A. 1:20 PM MAIN ROAD BROKERAGE, INC. #5407. Applicant requests a Variance under Section 100-122 based on the Building Department's October 15, 2003 Amended Notice of Disapproval concerning a proposed marine showroom warehouse located at less than 35 feet from front lot line at 61205 Main Road, Southold; Parcel 1000- 56-3-13.4. McCarthyManagement. 1:30 PM OSPREY DOMINION AND LIPA, KEYSPAN #5432V and 5430SE. Location of Property: 44075 Main Road, Peconic; Parcel 1000-75-1-20.1 and 20.2. Applicants are requesting a Variance under Section 100-33A concerning the proposed height of new public utility wind turbine/antenna structure exceeding the code's height limitation of 18 feet; and a Special Exception for a public utility use/structure on this 4.4+ acre site. Attorney Karen Mitzneror R. Leland (for LIPA). Page 4 of 4 -Agenda upd. 1/7/05 December 18, 2003 Public Hearings Southold Town Board of Appeals 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. 1:40 PM STANLEY MALON #5383. (Continued hearing concerning Variances.) Also Interpretation filed 12/4/03: In addition to the Variances requested under Sections 100-102 and 100-103C, this is an Appeal requesting an Interpretation of Section 100-102, Bulk Schedule, based on the Building Department's May 20, 2003 Notice of Disapproval, to determine that multiple occupancies do not require an additional 30,000 sq. ft. of land area per permitted use in the B-General Business Zone District. The applicant is proposing one commercial structure with up to three different permitted uses with eight tenants/occupancies on this 53,821 sq. ft. parcel. Location of Property: 32845 Main Road, Cutchogue; Parcel 97-5-4.5. P. Moore, Esq. 2:00 PM FRANK ORITO #5446. Applicant requests a Variance under Section 100-244 based on the Building Department's October 20, 2003 amended Notice of Disapproval, concerning a proposed dwelling at less than 35 feet from the rear lot line, at 3420 Stars Road, East Marion; Parcel 22-2-18. P. Moore, Esq. 2:10 PM ZOUMAS CONTRACTING #5345. This hearing was reopened by November 6, 2003 Board Resolution for submission of new information, concerning this application for a Lot Waiver under Section 100-26, based on the Building Department's April 3, 2003 Notice of Disapproval, to unmerge lands located at 155 and 205 Sunnyside Road, Southold. Applicant proposes to build a single-family dwelling on CTM 63-1-5, containing a described area of 9,100+- sq. ft., merged pursuant to Section 100-25 with an adjacent area of +-18,900 sq. ft; CTM 1000-63-1-4. P. Moore, Esq.; opposing attorney: H. Arnoff. 2:30 PM J & C HOLDINGS/EDNA DOLL #5419. (Carried from ll/20 PH; letter received ~2/~/03 from Suffolk Co. Soil & Water Conservation District; letter received ~2/~/03 from applicant's attorney with conceptual plan for 2869 sr. two-story design.) Applicant requests Variances under Sections 100-30A.3 and 100-239.4A, based on the Building Department's November 7, 2002 Notice of Disapproval, amended August 6, 2003, concerning a proposed location of a new dwelling with setbacks: (a) at less than 50 feet from the front property line and (b) less than 100 feet from the top of the Sound bluff, at 590 North View Drive, Orient; Parcel 13-1-5.1. A. Wickham, Esq. forJ & C Holdings. End of hearings. IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible deliberations/decisions - hearings concluded, Item III list (t/b/d). B. Regular Meeting 9:00 AM 12/18/03: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers. C. New business. D. Resolution to authorize advertising of new applications and Appl. #5340 J. Gulmi for 1/22/04. E. V. POSSIBLE EXECUTIVE SESSION (t/b/d).