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HomeMy WebLinkAboutZBA-03/20/2003 AGENDA2/24/03; 2/26; 3/18; 3/19 AGENDA REGULAR MEETING THURSDAY, MARCH 20, 2003 9:30 a.m. Call to order by Chairwoman. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): Type II Actions (No further steps) Rory Forrestal #5243 David and Carol Kirby #5284 Claire Tassone and Michael Nulty #5272 G. Barton/J. Goeller & Others #5285 Richard and Heidi Cavallo #5283 Joseph and Therese Ciampa #5251 Nancy Carroll #5134 lannone and Marchut #5275 Duryea Trust #5202 Theodore Martz/V. Delfino #5279 Jeanne R. Kurz #5289 John Weeger #5288 Unlisted Declaration with Neqative Effect on the Environment: Sang Lee Farms #5324 Others pending lead agency reviews on site plans or other reviews: New Suffolk Shipyard #5149 Page 2 of 5- Agenda upd. 1/7/05 Regular Meeting - March 20, 2003 Southold Town Board of Appeals 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 a.m. Rory Forrestal #5243 - Applicant requests a Variance under Section 100-244B, based on the Building Department's October 2, 2002 Notice of Disapproval, amended December 9, 2002. Applicant proposes a second-story addition and porch to the existing dwelling at less than the code's 35 ft. setback requirement for total side yards, and less than 15 ft. setback on one side, at 1065 Saltaire Way, Mattituck; County Parcel 1000- 100-1-23. 9:40 a.m. David and Carol Kirby #5284 - Applicants request a Variance under Section 100-242A and 100-244, based on the Building Department's November 16, 2002 Notice of Disapproval, amended December 2, 2002. Applicants propose to construct a front deck addition at less than 35 feet from the front property line, at 950 Captain Kidd Estates, Mattituck; Parcel 1000-106-5-10. 9:45 a.m. Sanq Lee Farms #5324 - This is a request for a Special Exception, based on the Building Department's August 19, 2002 Notice of Disapproval which states that under Town Code Chapter 47.3A, a farm stand in excess of 1,000 sq. ft. is permitted only with site plan approval from the Planning Board and with special exception approval from the Zoning Board of Appeals. Applicant is proposing to construct a farm building (or structure) which will be enclosed on all sides and used as a sales area, open to the public, in addition to the existing farm stand sales area. Location of Property: 25180 C.R. 46, Peconic; Parcel Nos. 64-5-1.2 and1.3 (as one lot). 9:50 a.m. Claire Tassone and Michael Nulty #5272 - Applicants request Variances under Sections 239.4A.1 and 30A.3 based on the Building Department's November 7, 2002 Notice of Disapproval. Applicants propose a single family dwelling at less than 100 feet from the top of the bluff or bank of the Long Island Sound, and front yard setback at less than 50 feet, at 590 North View Drive, Orient; Parcel 1000-13-1-5.1. 10:00 a.m. Linda S. Sanford - #5217. This is an application based on the Building Department's August 20, 2002 Notice of Disapproval, amended January 22, 2003, in a proposal to demolish the existing dwelling and construct a new dwelling: (1) at less than 75 feet from the rear lot line and bulkhead. Also requested is a new swimming pool structure at less than 75 feet from the bulkhead, and Variances under Section 100-235A(1) and Town Law Section 260-A, for a determination regarding improvements over an existing private right-of-way for sufficient access by fire and emergency vehicles. The right-of-way extends over privately owned lands now or formerly of Kaytis, and land of McDonald, from a point starting along the east side of Paradise Point Road, Southold, to the applicant's lot, referred to as 760 Private Road 17, Southold, Parcel #81-3-27.1. 10:00 a.m. Lana Pih Jokel #5280 - ~""""~-* ....... *o ~ w~,~ ....... ,~,,, ~,,,-,~,,. ,nn o'~n=,'o', ~.-~o..~ ^,-, *k,, ~-,-~ .................... j .......... j ......................... ~ ......... ~CCC~OP~' ,~.~,~C ,4~vvv ..... ,,v.* ,,-.v ~ .... · .,.~ ~ ~ '~ t~-^~.~...^~ ~^* ..... * 77,7n~ o.-, ~ ~ Resolution to consider applicant's March 5, 2003 request to withdraw this application. Page 3 of 5- Agenda upd. 1/7/05 Regular Meeting - March 20, 2003 Southold Town Board of Appeals 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. 10:10 a.m. Geraldine N. Barton, Contract Vendee (Jane Goeller & Others, Owners) #5285 - Applicant requests a Variance under Section 100-30A.3 based on the Building Department's November 8, 2002 Notice of Disapproval. Applicant proposes a new dwelling at less than 50 feet from the front lot line, at 5295 Nassau Point Road, Cutchogue; Parcel 1000-111-9-13. 10:20 a.m. Richard and Heidi Cavallo #5283 - Applicants request a Variance under Section 100-244B based on the Building Department's October 2, 2002 Notice of Disapproval. Applicants propose a second-story addition with a front yard setback at less than 35 feet, while maintaining the existing side yard total of 33.5 feet, at 775 Hickory Avenue, Southold; Parcel 1000-77-2-30. 10:30 a.m. Paul and Maureen Cacioppo #5286 - Applicants request Variances under Sections 100-244B and 100-33, based on the Building Department's October 15, 2002 Notice of Disapproval. Applicants propose a new dwelling at less than 35 feet from the front and rear lot lines, and for approval of the existing location of an accessory garage in a yard other than the required rear yard, at 195 Skunk Lane, Cutchogue; 85-3-2.2. 10:45 a.m. Joseph & Therese Ciampa # 5251 - Applicants request Variances under Sections 100-244, 100- 239.4B, and 100-33, based on the Building Department's September 16, 2002 Notice of Disapproval, amended December 11, 2002. Applicants propose an accessory swimming pool in an area other than the required rear yard, and additions to the existing dwelling: (a) at less than 10 feet on a single side yard, (b) with total lot coverage over the code's 20% limitation, (c) at less than 75 feet to the concrete retaining wall. Location of Property: 650 Beachwood Lane, Southold; Parcel 1000-70-10-56. 11:00 a.m. Nancy Carroll #5134 - Applicant requests Variances under Sections 100-239.4B and 100-244B, based on the Building Department's Notices of Disapproval, dated March 13, 2002, amended August 20, 2002, and January 13, 2003. Applicant proposes additions to the existing dwelling with a setback less than 75 feet from the bulkhead and with a total lot coverage over the code's 20% limitation, at 350 West Lake Drive, Southold; Parcel 1000-90-1-21. 11:15 a.m. Scott and Sarah Hassildine #5281 - A,.,.,,-o,.+o request ° wor~ ....... ,~,~r e,~,-+i~,~o 4nn o/1/11~ o~,4 4nn Rosolution to considor applicant's I~larch 8, 2003 roquost to withdraw this application. 11:15 a.m. Estate of Murray Schlussel - #5259. (Continued from Feb. 6th hearing). This is a request for a Variance under Section 100-32, based on the Building Department's September 24, 2002 Notice of Disapproval concerning a proposed dwelling with a front yard setback at less than 50 feet from the front property line at its closest point. Location of Property: 3085 Stillwater Avenue, Cutchogue; Parcel Nos. 1000-136-2-6, 7 and 8 (combined as one lot of 62,730+- sq. ft. total area). Board Resolution to break for lunch, reconvening 12;45 p.m. (Agenda continues on next page regarding afternoon session agenda items:) Page 4 of 5- Agenda upd. 1/7/05 Regular Meeting - March 20, 2003 Southold Town Board of Appeals 12:45 p.m. Resolution to reconvene. III. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Hearing concluded 12/12/02 (time extended to 2/20/03): Appl. No. 5214 - Robert White. Hearings concluded 1/16/03: Appl. No. 5232 - Omnipoint Communications. Appl. No. 5051 - Cliff & Phils' Lobsterhouse Hearing concluded 2/20/03: Appl. No. 5271 -A. and B. Dworkowitz IV. PUBLIC HEARINGS, continued from II, supra: 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. NANCY IANNONE AND HELEN MARSHUT, LIFE TENANTS - 5275. (Adjourned by agent for the applicant from February 20, 2003). This is a request for a Special Exception for an Accessory Apartment under Section 100-31B(13) in conjunction with the owner/applicant's residence in the existing single-family dwelling located at 19105 Soundview Avenue, Southold; Parcel 1000-51-1-17. 1:10 p.m. Duryea Trust #5202 - Applicant requests a Variance under Sections 100-242A and 100-244B, based on the Building Department's July 18, 2002 and August 20, 2002 Notices of Disapproval. Applicant proposes to demolish the existing dwelling and construct a new dwelling with front and rear setbacks at less than 35 feet, at Mansion House Drive, Fishers Island; Parcel 1000-6-5-10. 1:20 p.m. Theodore Martz, Contract Vendee (Owner: Veronica Delfino) #5279 - Applicant requests a Variance under Section 100-244B based on the Building Department's October 16, 2002 Notice of Disapproval. Applicant proposes a new dwelling with a lot coverage over the code's 20% limitation, at 55 Seventh Street, Laurel; Parcel 1000-126-1-18. 1:30 p.m. Jeanne R. Kurz #5289 - This is a request for a Variance under Section 100-242A and 100-244B, based on the Building Department's December 16, 2002 Notice of Disapproval. Applicant proposes to construct a second-story addition with a single side yard setback at less than 15 feet, at 725 Terry Lane, Southold; Parcel 1000-65-1-17. Page 5 of 5- Agenda upd. 1/7/05 Regular Meeting - March 20, 2003 Southold Town Board of Appeals IV. PUBLIC HEARINGS, continued from II, supra: 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 p.m. John Weeqer #5288 - Applicant requests a Waiver under Section 100-26 to unmerge a nonconforming parcel identified as 1000-55-3-21 from the adjacent Parcel #10000-55-3-20. Based on the Building Department's November 27, 2002 Notice of Disapproval, the parcels are merged to form one lot. Location of Property: West Side of Tuthill Road, Yennecott Park, Southold. 2:00 p.m. New Suffolk Shipyard #5149 - Applicant requests a Variance under Section 100-121C1, based on the Building Department's March 27, 2002 Notice of Disapproval. Applicant proposes two sets of accessory boat rack structures in this M-II Zone District, in a side yard and at a height over the code's 16 ft. limitation, at 5775 New Suffolk Road, New Suffolk; 1000-117-5-29.1. 2:30 p.m. Mary Zupa #5266 - 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 75,687 sq. ft. parcel in the R-80 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. Location of Property: 560 Basin Road, Southold (Paradise Point); Parcel #1000-81-1-16.7. End of hearings. Public meeting continues: V. DELIBERATIONS/POSSIBLE DECISIONS (continued): Hearings concluded 3/20/03 (selection determined at this time, if any, from//and/V above). VI. OTHER/RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Special Meeting 6:30 p.m. April 3, 2003. (Agenda items may include public hearings adjourned from th February 20 new application calendar, and continued work reviews of other new files for future calendars, and possible deliberations/possible decisions on carryover applications. B. New business. C. Resolution to authorize advertising for April 17, 2003 of new applications when deemed complete (tentative list attached for Board Members). VII. POSSIBLE EXECUTIVE SESSION.