The URL can be used to link to this page

Home My WebLink AboutZBA-10/21/2004 AGENDA10/18AM AGENDA REGULAR MEETING THURSDAY, OCTOBER 21, 2004 Place of Meeting: Court/Meeting Room; Town Hall, 53095 Main Road, Southold 9:25 AM Call to Order (Chairwoman Oliva). 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): WILLIAM and SUZANNE CONNELL #5594 JEROME and DEBORAH ZUHOSKI #5591. JAMES and EILEEN BUGLION #5602. JEANNE LAPORTA #5593. JIMMY FALBO #5592. MARION GOTBETTER and CARMEN RAMIS. JAMES and MAURA O'MALLEY #5596. PETER and MARY JACOBS #5604. FREDERICK YAROSH and SHEILA FURLONG #5614. CHRISTOPHER MOHR #5603. JANE GOELLER #5597. WILLIAM and DONNA GOGGINS #5601. MULLEN REALTY, L.P. and RWM ENTERPRISES, INC. #5598 and #5599. LINDSEY and SHELLEY SCOGGIN #5622. AT&T WIRELESS, ORIENT FIRE DISTRICT #5408. Page 2 - Agenda upd. 1/7/05 Regular Meeting - October 21, 2004 Southold Town Board of Appeals II. POSSIBLE DELIBERATIONS/POSSIBLE DECISION: Pending submission of additional information request at 9/14 PH): JOHN and MARION BRANDVOLD #5516. Request for Variances under Section 100-239.4B, 100-242A, and 100- 244, based on the Building Inspector's March 3, 2004 Notice of Disapproval, amended March 25, 2004, concerning a new dwelling, after substantially reconstructed to replace an existing dwelling, with expansion. The new construction will increase the degree of nonconformance or create a new nonconformance with: (a) a single side setback at less than 10 feet, (b) total combined side yards at less than 25 feet, (c) a setback from the bulkhead at less than 75 feet. Location: 1955 Bay Shore Road, Greenport; CTM 53-4-10. III. PUBLIC HEARINGS. Written testimony in fieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:30 AM GORDON AND DIANE TYRER (PH 9/14 carryover for testimony). Request for a Variance under Section 100-33, based on the Building Department's April 2, 2004 Notice of Disapproval, concerning a garage proposed in a side yard rather than the code-required rear yard, at 255 Oriole Drive, Southold; CTM 55-6-15.26. 9:35AM KEVIN MILLER#5581 (PH 9/14 carryover for additional information; letter submitted by applicant lO/15 for Board review) Request for a Variance under Section 100-33, based on the Building Department's May 28, 2004 Notice of Disapproval concerning a garage proposed in a front yard rather than the code-required rear yard, at 600 Wunneweta Road, Cutchogue; CTM 104-11-13. 9:40 AM WILLIAM and SUZANNE CONNELL #5594. Request for a Variance under Section 100-244, based on the Building Inspector's August 18, 2004 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling at less than 50 feet from the rear lot line, at 550 Krause Road, Mattituck; CTM 122-4-38. 9:45 AM JEROME AND DEBORAH ZUHOSKI #5591. Request for Variances under Sections 100-242A and 100-244, based on the Building Inspector's August 6, 2004 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling, with an increase in the degree of nonconformance at less than 35 feet from the front lot line at 440 Freeman Avenue, Mattituck; CTM 139-3-40. 9:50 AM KEVIN & SUSAN FERRELL #5538. (8/19 PH carryover at applicant's request to submit engineering information; alternative plan submitted 10/7 for Board review.) Request for a Variance under Section 100-239.4A based on the Building Department's April 19, 2004 Notice of Disapproval, amended May 18, 2004. Applicants propose a deck addition and above-ground pool at less than 100 feet from the top of the Sound bluff, at 130 Lloyds Lane, Mattituck; CTM 99-3-4.6. Page 3 - Agenda upd. 1/7/05 Regular Meeting - October 21, 2004 Southold Town Board of Appeals III. 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. 9:55 AM JAMES AND EILEEN BUGLION #5602. Request for a Variance under Section 100-244, based on the Building Inspector's August 5, 2004 Notice of Disapproval, amended August 26, 2004, concerning a proposed addition to a new dwelling (under construction) with a front yard setback at less than 40 feet, at 2520 Clearview Avenue, Southold; CTM 70-10-29.1. 10:00 AM JEANNE LAPORTA #5593. Request for Variances under Sections 100-242A and 100-244, based on the Building Inspector's July 29, 2004 Notice of Disapproval, concerning proposed additions with alterations to the existing dwelling with a front yard setback at less than 40 feet and rear yard setback at less than 50 feet, at 1995 Private Road #7 off the north side of Route 25, Orient; CTM 18-3-3. 10:05 AM JIMMY FALBO #5592. Request for a Variance under Section 100-244B, based on the Building Inspector's June 30, 2004 Notice of Disapproval concerning demolition of the existing building and construction of a new dwelling with side setbacks at less than the code required minimum of 10 feet and 15 feet on each side, and a combined total of less than 25 feet for both side yards, at 10120 Sound Avenue, Mattituck; CTM 122-2-9. 10:10 AM MARION GOTBETTER and CARMEN RAMIS. Request for Variances under Sections 100- 242A and 100-244, based on the Building Inspector's August 12, 2004 Notice of Disapproval, amended August 30, 2004 and September 3, 2004, concerning a second-story and garage addition to the existing single-family dwelling, with an increase in the degree of nonconforming with a front yard setback at less than 40 feet, at 425 Diamond Lane and Private Road, Peconic; CTM 68-2-13.1. 10:15 AM JAMES AND MAURA O'MALLEY #5596. Request under Section 100-26 for a Lot Waiver to unmerge a land area of 16,198 sq. ft., which, based on the Building Inspector's August 12, 2004 Notice of Disapproval, amended August 23, 2004, states that the property is merged with an adjacent lot which has been in common ownership at any time after July 1, 1983. The Applicant proposes to unmerge 16,198 sq. ft., identified as 2545 Mill Road at the corner of Miami Avenue (a private road), CTM 67-6-13.1, a/k/a CTM 12 & 13, from the adjacent .46+- of an acre, identified as 2665 and 2625 Mill Road, CTM Nos. 67-6-11 and 10 (Edward and Eileen Maguire, Landowners), in Peconic. Zone: \ R-40 Residential. 10:20 AM 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, concerning a new dwelling which will exceed the 20% code limitation for lot coverage, at 940 Gillette Drive, East Marion; CTM 38-2-10. 10:25 AM FREDERICK YAROSH and SHEILA FURLONG #5614. Request for Variances under 100-33 and 100- 244, based on the Building Inspector's August 20, 2004 Notice of Disapproval, concerning removal of the existing dwelling and construction of a new dwelling with an increase in the degree of nonconformance at less than 35 feet from the front lot line, at less than 35 feet from the rear lot line, and with total lot coverage in excess of the code limitation of 20% of the lot area (10,066 sq. ft.) Also proposed is an accessory shed in an area other than the required rear yard, at 1945 East Gillette Drive, East Marion; CTM 38-4-27. Page 4 - Agenda upd. 1/7/05 Regular Meeting - October 21, 2004 Southold Town Board of Appeals III. 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. 10:35 AM CHRISTOPHER MOHR #5603. Request for a Variance under Section 100-142, based on the Building Inspector's August 6, 2004 Notice of Disapproval, amended August 30, 2004, concerning a proposed accessory building in conjunction with the existing (new building) landscape contractor's yard in this Light Industrial Zone District, with setbacks at less than that required for a principal building, at less than 70 feet from the rear lot line and less than 20 from the side lot line, at 22155 C.R. 48, Cutchogue; CTM 96-1-20.1. 10:40 AM JANE GOELLER #5597. Request for a Variance under Section 100-242, based on the Building Inspector's August 6, 2004 Notice of Disapproval concerning additions with alterations to the existing dwelling, with an increase in the degree of nonconformance at less than 15 feet on a single side yard and less than 35 feet total side yards, at 645 Fisherman's Beach Road, Cutchogue; CTM 111-1-33. 10:45 AM WILLIAM and DONNA GOGGINS #5601. Request for Variances under Sections 100-30A.3, Bulk Schedule, and Section 100-242A, based on the Building Inspector's August 30, 2004 Notice of Disapproval concerning "as built" additions with alterations to applicant's dwelling with an increase in the degree of non-conformance, at less than 50 feet from the front lot line and above the code's 2-1/2 story height limitation, at 8755 New Suffolk Road, New Suffolk; CTM 117-10-14.1. 11:00 AM MULLEN REALTY, L.P. and RWM ENTERPRISES, INC. #5598 and #5599. Location of Properties: Main Road, Locust Lane and Cottage Place, Southold; CTM 62-3-19, 20, 22.1, 24.1. Appeal No. 5598: Request for Variances, relative to proposed Parcel I, under Sections 100-102 (Bulk Schedule), 100-103A & C, and 100-243(A) concerning proposed additions with alterations to an existing car dealership with service center, based on the Building Inspector's March 25, 2004 Notice of Disapproval, amended August 12, 2004, noting the following: (1) setbacks at less than 25 feet on a single side yard and less than 50 ft. total side yards, (2) lot coverage greater than 30% (3) setback at less than 100 ft. back from the right-of-way, (4) linear frontage is greater than 60 feet on Cottage Place and greater than 60 feet on Main Street; (5) enlargement in overall building footprint(s) of more than 15%; (6) expansion of a nonconforming building containing a nonconforming use; and (7) Special Exception for car and truck dealership and public garage under Section 100-101 B(12). Appeal No. 5599: Request for a Variance under Section 100-102 (Bulk Schedule) for proposed Parcel II with less than 30,000 sq. ft. of land area, and with existing buildings at less than 25 feet on a single side yard and less than 50 feet total side yards. Resolution to adjourn until I PM. Page 5 - Agenda upd. 1/7/05 Regular Meeting - October 21, 2004 Southold Town Board of Appeals I PM Resolution to reconvene. III. 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 PM Carryover hearings, if any, from this morning session.) 1:00 PM LINDSEY & SHELLEY SCOGGIN #5622. Request for a Variance under Section 100-242A and 100-244, based on the Building Inspector's September 14, 2004 Notice of Disapproval concerning a proposed dormer above the first floor, disapproved for the reason that the addition will be an increase in the degree of nonconformance with a front yard setback of less than 35 feet. 2220 Pine Tree Road and Bittersweet Lane, Cutchogue; CTM 104-2-8. 1:05 PM AT&T WIRELESS, OMNIPOINT FACILITIES NETWORK 2, LLC, AFFORDABLE HOUSING ASSOCIATES, INC. D/B/A BEACON WIRELESS MANAGEMENT, ORIENT FIRE DISTRICT #5408. Location of Property: Orient Firehouse Parcel, 23300 Main Road, Orient; CTM 18-5-13.8; Zone District: R-80. Requests for: (1) Variances under Sections 100-162A(3) and 100-165B, based on the Building Inspector's April 23, 2004 Notice of Disapproval, amended May 2, 2004 and June 3, 2004, concerning a proposed telecommunications tower at 125 ft. height with antenna, and related equipment. The reasons stated for disapproval are that the telecommunications tower: (1) does not meet the code requirements with a proposed height at 125 feet, (2) is not permitted to be located within 300 feet of historic properties, CTM 18-5-15.1, 18-5-11.1, and (3) is not permitted on a nonconforming lot size, or lot containing less than a minimum lot area in a residential district of five (5) acres. (2) Special Exception under Section 100-162A(3) to construct telecommunications tower. End of hearings. (Meeting continues.) IV. POSSIBLE RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible deliberations/decisions - hearings concluded, Item III list (t/b/d). B. Special Meeting 6 PM 11/4/04 at Town Annex Conference Room/NFB Building, Youngs Ave. & Main Road, Southold; 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 November 18th hearings commencing 9:30 AM; place of hearings: Town Hall, Meeting-Court Room 53095 Main Road, Southold. V. POSSIBLE EXECUTIVE SESSION (if any).