HomeMy WebLinkAboutZBA-03/03/2005 LNLEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, MARCH 3, 2005
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the
Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971- 0959, on Thursday, March 3, 2005, at
the times noted below (or as soon thereafter as possible):
9:30 AM T. and M. KOSTOULAS #5646. (Carryover from 1/20 PH). Side yard variances for proposed additions at
1035 Aquaview Avenue, East Marion; CTM 21-2-13.
9:35 AM DOROTHY W. FAUCON #5659. This is an Appeal requesting Reversal of the Building Department's
December 20, 2004 Notice of Disapproval, concerning a request for a Preexisting Use Certificate of Occupancy
for a two-family dwelling use. The reasons stated in its denial is Section 100-31B and the code requirement for a
Special Exception for a two-family dwelling, and Pre-CO Inspection Report dated November 10, 2004, indicating
the existing dwelling is listed as a single-family dwelling. Location of Property: 46925 Main Road, Southold;
CTM 69-5-16.
9:40 AM MICHAEL and KAREN CATAPANO #5656 (Mr. and Mrs. V. Pust, Owners). Request for Variances
concerning a proposed farm stand on this 4.99 acre parcel, in conjunction with a proposed goat farm, barn,
storage, cheese processing facility, milking room based on the Building Department's December 1, 2004 Notice
of Disapproval. The reasons stated for denying the farm stand is that: (1) the proposed goat farm use is not
permitted because the code requires 10 acres or more under Section 100-31A(2)B, and (2) the farm stand is not
proposed with five (5) tillable acres either owned or leased by the farm stand owner as required under Ch. 47-3B,
at 33705 C.R. 48, Peconic; CTM 74-2-12.2.
9:45 AM WHITNEY B. ARMSTRONG #5661. Request for a Variance under Section 100-239.4A.1, based on the
Building Department's December 21, 2004 Notice of Disapproval concerning a new dwelling (as modified), at less
than 100 feet from the top of the bluff or bank of the Fishers Island Sound. Location of Property: Clay Point
Road, Fishers Island; CTM 2-1-11.3.
9:50 AM GREGORY WALLACE and LINDA WALTERS #5665. Request for a Variance under Sections 100-242A
and 100-244, based on the Building Department's December 7, 2004 Notice of Disapproval concerning a proposed
second-story addition which will constitute an increase in the degree of nonconformance with a setback at less
than 35 feet from the front property line, at 62 Washington Ave, Greenport; CTM 41-1-35.
9:55 AM PETER WARNS #5658. Request for Variances under Sections 100-242A, 100-239.4B and 100-244, based
on the Building Department's September 20, 2004 Notice of Disapproval concerning proposed additions with an
increase in the degree of nonconformance at less than 15 ft. min. side and less than 75 ft. to bulkhead, at 8740
Peconic Bay Boulevard, Laurel; CTM 126-5-2.1.
10:00 AM DAWN RYAN and STEVEN KRAMER #5664. Request for Variances under Sections 100-33, 100-242A,
and 100-244B, based on the Building Department's November 23, 2004 Notice of Disapproval, amended
December 29, 2004, concerning proposed addition with alterations to an existing accessory garage which will
increase the degree of nonconformance, with setbacks at less than five (5) feet from the side lot line and less
than 40 feet from the front lot line, at 165 Bungalow Lane, Mattituck; CTM 123-3-4.1.
10:05 AM ALFRED and GLORIA GIARDIELLO #5660. Request for a Variance under Section 100-244 based on the
Building Department's November 3, 2004 Notice of Disapproval concerning a proposed new dwelling, after
demolishing the existing dwelling, with less than 35 feet from the front lot line and lot coverage exceeding the
code limitation of 20%, on this 7,160 sq. ft. lot, at 165 Walnut Place, Mattituck; CTM 142-1-14.
10:10 AM EDWARD F. JENSEN #5657. Request for a Variance under Section 100-244, based on the Building
Department's November 9, 2004 Notice of Disapproval, concerning a proposed porch addition at less than 35 feet
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March 3, 2005 Public Hearings
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from the front lot line, at 440 Sunset Way, Southold; CTM 91-1-8.
10:15 AM JKJ NORTH FORK REALTY, INC. #5662. Request for a Variance under Section 100-92, based on the
Building Department's November 29, 2004 Notice of Disapproval, concerning a building permit application
concerning proposed second-story alterations. The reasons stated for disapproval are that the height alteration
will increase the degree of nonconformance with regard to a single side yard at less than 10 feet and total side
yards at less than 25 feet. Location of Property: 53740 Main Road, Southold; CTM 61-4-6. Zone: Hamlet
Business.
10:20 AM RICHARD SCHETMAN #5667. Request for Variances under Sections 100-33 and 100-131A, based on
the Building Department's November 23, 2004 Notice of Disapproval, concerning new construction that will
contain additional living space without being attached with the code-required heated space, constituting an
accessory and a second dwelling, and exceeding the 18 ft. height limitation as an accessory building in a front
yard. Location: 38910 Main Road, Orient; CTM 15-8-30.
10:30 AM BRUCE GARRITANO #5653. This is a request for a Special Exception under Article III, Section 100-
30A.2B to establish a Bed and Breakfast use as an accessory use incidental to the owner's residence, with up to
a maximum of five (5) guest bedrooms for lodging and serving of breakfast to not more than ten (10) casual,
transient roomers. Location of Property: 8100 Main Road, East Marion; CTM 31-6-16.
10:35 AM JANICE and WILLIAM CLAUDIO (Linda Braider, Owner) #5655. Request for a Variance under Section
100-32, based on the Building Department's December 8, 2004 Notice of Disapproval, concerning proposed Lots
1 and 2 with less than the code required 80,000 sq. ft. in size and less than 250 feet of depth in this proposed new
division of land. Location of Property: 1960 Gull Pond Lane, Greenport; CTM 35-3-12.9 consisting of 81,913 sq.
ft. (formerly CTM 12.6 and 12.7). Zone: Residential R80.
10:45 AM ELIZABETH WELCH and MERCELO GUIDOLI #5666. Request for a Variance under Section 100-242A
and 100-244, based on the Building Department's October 5, 2004 Notice of Disapproval, amended December 28,
2004, concerning a proposed porch addition, for the reason that the new construction will increase the degree of
nonconformance with a front yard setback at less than 35 feet and lot coverage exceeding the code limitation of
20%, at 230 Vincent Street, Orient; CTM 25-3-14.
10:50 AM FRANK MARTORANA #5650. Request for a Variance under Section 100-244B, based on the Building
Department's July 29, 2004 Notice of Disapproval, amended October 13, 2004, concerning a proposed new
dwelling at less than 35 feet from the front lot line, after demolishing the existing dwelling, at 3500 Deep Hole
Drive, Mattituck; CTM 115-17-9 & 10 (combined as one lot).
11:00 AM WILLIAM and PATRICIA MOORE #5636. Applicants request: (a) Special Exceptions under Section
100-71B (ref. 100-91 B) for approval of an as-built Apartment and future Apartment 2 within a 500 sq. ft. of office
floor area, as an alternative, within the principal building (first floor), and (b) Variance under Section 100-33,
based on the Building Department's October 8, 2004 Notice of Disapproval, amended January 14, 2004, for the
location of the accessory garage in a side yard after proposed expansion of the principal building. Location of
Property: 51020 Main Road, Southold; CTM 70-2-8. Zone: Residential-Office.
11:05 AM BARBARA KELLC #5670. Request for a Variance under Section 100-33, based on the Building
Department's January 12, 2005 Notice of Disapproval, concerning an as-built accessory (shower) structure
located at less than three (3) feet from the side lot line, at 680 Locust Lane, Southold; CTM 64-2-54.
11:10 AM ROBERT HEINTGES #5669. Request for a Variance under Sections 100-30A.1 (ref. 100-31A), based on
the Building Department's December 16, 2004 Notice of Disapproval concerning a proposed storage shed, a non-
permitted use on a vacant parcel located at 275 Strohson Road, Cutchogue; CTM 103-10-13.
11:15 AM DAVID and BARBARA DASH #5672. Request for a Variance under Section 100-242A and 100-244,
based on the Building Department's September 24, 2004 Notice of Disapproval, amended December 23, 2004,
concerning proposed additions/alterations which will increase the degree of nonconformance when located at
less than 40 feet from the front property line. Also the new construction will create a new nonconformance when
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March 3, 2005 Public Hearings
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located with combined side yard setbacks at less than 35 feet, at 595 North Parish Drive, Southold; CTM 71-1-6.
11:20 AM WILLIAM ARCHER #5654. Based on the Building Department's September 29, 2004 Notice of
Disapproval, citing Sections 100 -243A and 100-31A, variances are requested to construct a proposed second-
story addition. The reason stated in the disapproval is that there is more than one dwelling on this 5.9-acre lot
(Kimogenor Point). Location of Property: 50 Jackson Street, New Suffolk; CTM 116-6-24.1.
11:30 AM CDR MATTITUCK, INC. #5673. Request for a Reversal of the Building Department's January 6, 2005
Notice of Disapproval, concerning an as-built living area which has been deemed as a second dwelling unit, a
non-permitted use under Zoning Code Section 100-30A.2, at 185 Stanley Road, Mattituck; CTM 106-8-18. Zone:
R-40 Residential.
11:55 AM FRANCIS A. KESTLER, DDS #5675. Request for a Variance under Section 100-72 based on the
Building Department's January 14, 2005 Notice of Disapproval, amended February 2005, concerning proposed
alterations and handicap platform addition which will be less than 50 feet from the front lot line, at 11535 Main
Road (and Pacific Street), Mattituck; CTM 142-2-16. Zone: Residential-Office.
12:00 PM CINGULAR WIRELESS PCS, LLC (Site Owner: A. Junge) #5671. Request for a Variance under Section
100-165(C), based on the Building Department's December 15, 2004 Notice of Disapproval concerning a proposed
equipment shelter building at less than 70 feet from the rear lot line, at 21855 C.R. 48 (Middle Road), Cutchogue;
CTM 96-1-19.1. Zone: Light Industrial.
12:15 PM CURTIS and SUSAN RAND #5586. Request for Variances under Sections 100-242A and 100-244, based
on the Building Department's May 14, 2003 Notice of Disapproval, amended October 13, 2004. The reasons
stated in the disapproval are that the proposed porch reconstruction and as-built rear deck addition will be less
than 35 feet from the rear and front lot lines. Location of Property: Greenwood Road, Fishers Island; CTM 12-1-
13.3.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or
desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier
than designated above. Files are available for review during regular business hours. If you have questions,
please do not hesitate to call (631) 765-1809.
Dated: February 7, 2005.
BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski