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HomeMy WebLinkAboutZBA-01/20/2005 AGENDA1/18; upd 1/19AM AGENDA REGULAR MEETING THURSDAY, JANUARY 20, 2005 9:30 AM Call to order by Chairwoman Oliva. Pledge of Allegiance. 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): CONSTANCE BEEBE #5637. JON and KATHLEEN MARINO #5652. T. and M. KOSTOULAS #5646. RICHARD and ELEANOR COFFEY #5645. BARRY and KATE GRAYSON #5640. JAMES LEYDON #5649. DOUGLAS and KARIN CONSTANT #5642. MARK and ELLIE GORDON #5644. DIANE and SCOTT MULVANEY #5651. PETER COSOLA #5648. EUGENE and AGNES KOEHLER #5647. F.W. KOEHLER and OSPREY DOMINION #5643. DONNA COOK #5638. ALAN and TERESA SUCHER #5639. 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 AM CONSTANCE BEEBE #5637. Request for Variances under Section 100-32, based on the Building Department's September 8, 2004 Notice of Disapproval, concerning Lots 1 and 2, as proposed in this lot line change, will measure less than 80,000 sq. ft. and less than 175 feet of lot width. Location: 24925 Main Road, Cutchogue; CTM 109-1-18, 19, and 20.1. Zone District: R80 Residential. 9:35 AM JON and KATHLEEN MARINO #5652. Request for a Variance under Section 100-244, based on the Building Department's December 3, 2004 Notice of Disapproval concerning a proposed porch and second-story addition at less than 35 feet from the front lot line, and lot coverage exceeding 2003.60 sq. ft. (20% of 10,018 sq. ft. lot size). Location of Property: 10105 Soundview Avenue, Southold; CTM 54-8-5. 9:40 AM T. and M. KOSTOULAS #5646. Request for Variances under Sections 100-242A and 100-244 concerning proposed additions to the dwelling which will create a new nonconformance with a single side yard at less than 10 feet and total side yards at less than 25 feet, at 1035 Aquaview Ave, East Marion; CTM 21-2-13. Page 2 - Agenda updated 1/20/05 January 20, 2005 Regular Meeting 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. 9:45 AM RICHARD and ELEANOR COFFEY #5645. Request for a Special Exception to establish Accessory Bed and Breakfast, accessory and incidental to the owner's occupancy in this single-family dwelling, with up to four (4) bedrooms for lodging and serving of breakfast to not more than eight (8) casual, transient roomers, at 5705 Main Road, East Marion; CTM 35-2-16.1. 9:50 AM BARRY and KATE GRAYSON #5640. Request for a Variance under Section 100-33, based on the Building Department's September 3, 2004 Notice of Disapproval concerning an as built accessory shed located at less than 5 feet from the rear lot line, at 5270 Nassau Point Road, Cutchogue; CTM 111-8-18. 9:55 AM JAMES LEYDON #5649. Request for a Variance under Section 100-33, based on the Building Department's November 5, 2004 Notice of Disapproval concerning proposed deck construction partly in a side yard instead of entirely in rear yard, at 450 Parson Boulevard, East Marion; CTM 37-1-18. 10:00 AM DOUGLAS and KARIN CONSTANT #5642. Request for a Variance under Sections 100-242A and 100- 244, based on the Building Department's November 12, 2004 Notice of Disapproval, concerning a proposed addition enclosing deck which is less than 10 feet from a single side yard, at 555 Village Lane, Orient; CTM 25-2- 5.4. 10:05 AM MARK and ELLIE GORDON #5644. Request for a Variance under Section 100-239.4A.1 , based on the Building Department's November 5, 2004 Notice of Disapproval concerning a proposed swimming pool with decks and upper level porch, with setbacks at less than 100 feet from top of LI Sound bluff, at 63165 C.R. 48 a/k/a North Road (or Middle Road), Greenport; CTM 40-1-14. 10:10 AM DIANE and SCOTT MULVANEY #5651. Request for a Variance under Sections 100-242A, 100-244, based on the Building Department's November 29, 2004 Notice of Disapproval concerning a proposed second- floor addition and alterations to the dwelling, at less than 40 feet from the front lot line at 225 Marion Lane, East Marion; CTM 31-8-12.4. 10:15 AM PETER COSOLA #5648. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's November 23, 2004 Notice of Disapproval, concerning a second-story addition and alterations to the dwelling, which will constitute an increase in the degree of nonconformance with front yard setbacks at less than 35 feet, at 425 Opechee Avenue, Southold; CTM 87-3-30. 10:20 AM EUGENE and AGNES KOEHLER #5647. Request for a Variance under Section 100-239.4B, based on the Building Department's October 14, 2004 Notice of Disapproval, concerning a proposed deck addition at less than 75 feet from the existing stone riprap, at 1595 Bay Shore Road, Greenport; CTM 53-4-5. 10:25 AM F.W. KOEHLER and OSPREY DOMINION #5643. Request for Variances under Sections 100-31C and 100-33 based on the Building Department's March 19, 2004 Notice of Disapproval, amended November 17, 2004, concerning a proposed art gallery in a separate building as an accessory to the existing principal winery use, and with a location in a front yard instead of the code required rear yard for accessory buildings. The applicants propose to merge the vacant parcel with the winery parcel. Location: 44255 Main Road, Peconic; CTM 1000-75- 1-21. Page 3 - Agenda updated 1/20/05 January 20, 2005 Regular Meeting 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. 10:45 AM DONNA COOK #5638. (Resolution to adiourn to 3/31/04 at applicant's request). Location: 25 and 425 Private Road #12 (also known as Windy Point Lane), Southold Zone District: R80 Residential. Based on the Building Department's August 27, 2004 Notice of Disapproval, amended November 10, 2004, the applicant is requesting: A) Waiver to unmerge lots that have been merged under Section 100-25 due to common ownership with the first lot at a time after July 1, 1983, The applicant requests a Waiver to unmerge lots 1000-78-6-9,2 and 9,3 under Section 100-26; B) Variances resulting from a proposed lot line change (in the event the Waiver to unmerge is granted), for a reduction of CTM 1000-78-6-9.3 from 14,984+- sq. ft. to 13,500+- sq. ft., and increase of CTM 1000-78-6-9.2 from 6,098 sq. ft. to 7,500+- sq. ft. 10:50 AM ALAN and TERESA SUCHER #5639. Request for Variances under Sections 100-239.4B, 100-242A and 100-244, based on the Building Department's November 5, 2004 Notice of Disapproval concerning an as built garage addition and proposed additions and alterations to a dwelling. All construction will exceed the code limitation for 20% lot coverage and will not meet the code required 35 feet from the front lot line, 35 feet from the rear lot line, 10 feet on a single side yard, and 75 feet from the bulkhead are requested. Location: 60 Fishermen's Beach Road, Cutchogue; CTM 111-1-6. 11:00 AM MARK ANTICEV #5633 (carryover from PH 12/16). Request for a Variance under Section 100-32, based on the Building Department's August 25, 2004 Notice of Disapproval, amended November 4, 2004, for a proposed parcel with a land area of less than 80,000 sq. ft. in this R-80 Residential Zone District. Location of Property: 2005 Old North Road, Southold; CTM 54-3-part or 26.4 (also shown as part of Lot 2, Map of Lighthouse Associates/Minor Subdivision). 12:00 PM Resolution to adjourn to 1 PM for continuation. 1:00 PM Resolution to reconvene. II. 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 PM CD REITERS/OLD BARGE RESTAURANT #5626 (PH carryover from 12/16 for applicant's completion of notices). Request for a Special Exception under Article XlI, Section 100-121B(1), concerning construction of a proposed second-story addition, or upper level (mezzanine), to an existing restaurant located in the Marine II Zone District. Aisc requested is a Variance under Sections 100-242A, 100-22 Bulk Schedule, based on the Building Department's August 6, 2004 Notice of Disapproval concerning a setback at less than 25 feet from the rear lot line. Location of Property: 750 Old Main Road, N.Y.S. Route 25, Southold; CTM 56-6-8.7. 1:15 PM FITF, LLC #5617 - (PH carryover from 12/16; further adjournment requested 1/18 by applicant's attorney for additional time: Board Resolution to adjourn to approx, ll AM, 4/28/05.) Request for a Variance under Section 100-122 based on the Building Inspector's January 12, 2004 Notice of Disapproval, amended September 21, 2004, for a proposed parcel with less than 80,000 square feet in a proposed subdivision (2.2), situated in a Marine II Zone. The Page 4 - Agenda updated 1/20/05 January 20, 2005 Regular Meeting Southold Town Board of Appeals remaining land (2.1) is situated in an R-80 Residential Zone. Location of Property: West Side of Reservoir Road near Silver Eel Cove), Fishers Island; CTM 1000-9-8-2, of 3.30 acres. 1:25 PM ORIENT FIRE DISTRICT #5408. (PH carryover from 12/16 for coordination between applicant and concerned citizens, Ed Boyd V, applicant's attorney and Ed Reale, attorney for Orient Association, prior to ZBA meeting) 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 September 22, 2004 and October 4, 2004, concerning a proposed telecommunications tower at 125 ft. height with antenna, and related equipment. The reasons stated for disapproval are that the 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; public meeting continues.) III. POSSIBLE DELIBERATIONS/DECISIONS: (t/b/d from Agenda Item II, supra, or hold till February 3, 2005 Special Meeting Board Action) IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Special Meeting 6:00 PM 2~3~05: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers. B. New business. C. Resolution to authorize advertising of new hearings for March 3, 2005 (instead of Feb. 24). V. EXECUTIVE SESSION (Litigation).