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HomeMy WebLinkAboutZBA-03/03/2005 AGENDA2/25; upd. 2/28 AM AGENDA REGULAR MEETING THURSDAY, MARCH 3, 2005 Time and Place of Meeting: 9:30 AM - Southold Town Meeting Hall, 53095 Main Road, Southold. Call to Order by Chairwoman Oliva. Pledge of Allegiance. I. STATE ENVIRONMENTAL QUALITY REVIEWS: (new submissions/pending). 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: DOROTHY W. FAUCON #5659 MICHAEL and KAREN CATAPANO #5656 (Mr. and Mrs. V. Pust, Owners). WHITNEY B. ARMSTRONG #5661. GREGORY WALLACE and LINDA WALTERS #5665. PETER WARNS #5658. DAWN RYAN and STEVEN KRAMER #5664. ALFRED and GLORIA GIARDIELLO #5660. EDWARD F. JENSEN #5657. JKJ NORTH FORK REALTY, INC. #5662. RICHARD SCHETMAN #5667. BRUCE GARRITANO #5653. JANICE and WILLIAM CLAUDIO (Linda Braider, Owner) #5655. ELIZABETH WELCH and MERCELO GUIDOLI #5666. FRANK MARTORANA #5650. WILLIAM and PATRICIA MOORE #5636. BARBARA KELLC #5670. ROBERT HEINTGES #5669. WILLIAM ARCHER #5654. CDR MATTITUCK, INC. #5673. FRANCIS A. KESTLER, DDS #5675. CINGULAR WIRELESS PCS, LLC (Site Owner: A. Junge) #5671. CURTIS and SUSAN RAND #5586. Page 2 - Agenda upd. 2~28~05 Regular Meeting - March 3, 2005 Town Zoning Board of Appeals II. PUBLIC HEARINGS - Please note: written testimony in lieu of extensive oral testimony is requested and appreciated and is entirely entered into the official record. All testimony shall be limited to zoning issues properly before the Board. 9:30 AM T. and M. KOSTOULAS #5646. (Carryover from 1/20 PH; Lot coverage and access data submitted by letter 1/25). 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). This is an Appeal requesting Variance(s) and/or Interpretation, based on the Building Department's December 29, 2004 amended Notice of Disapproval which states that a goat farm is not permitted in the AC Zone District. The reasons stated in the Building Inspector's disapproval is that Section 100-31A(2)(B) requires at least 10 acres for the keeping, raising and training of horses, domestic animals and fowl under In addition, the construction of a farm stand was disapproved under Section 47-3B for the reason that at least five (5) tillable acres must be owned or leased by the farm stand owner, or alternatively, the farm stand may be located on a two acre lot if the farm stand owner can establish ownership or lease of at least five tillable acres in the Town of Southold. Applicants request an Interpretation referring to Section 100-221E as to whether the keeping of goats applies to the 10-acre requirement of Section 100- 31A(2)(B); applicants propose to reside at the property and to establish a goat farm with cheese processing/milking room in a new building with storage, keeping, breeding/raising of goats, and to construct a farm stand, at 33705 C.R. 48, Peconic; CTM 74-2-12, containing 4.998 acres. 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. Page 3 - Agenda upd. 2~28~05 Regular Meeting - March 3, 2005 Town Zoning Board of Appeals II. PUBLIC HEARINGS, continued - Please note: written testimony in lieu of extensive oral testimony is requested and appreciated and is entirely entered into the official record. All testimony shall be limited to zoning issues properly before the Board. 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 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. Page 4 - Agenda upd. 2~28~05 Regular Meeting - March 3, 2005 Town Zoning Board of Appeals II. PUBLIC HEARINGS, continued - Please note: written testimony in lieu of extensive oral testimony is requested and appreciated and is entirely entered into the official record. All testimony shall be limited to zoning issues properly before the Board. 10:35 AM JANICE and WILLIAM CLAUDIO (Linda Braider, Owner) #5655. (Resolution to open hearing and receive testimony from applicant; Consider request by adj. landowner, P. Ahlers for additional time to appear, with adjournment to 3/31 1:15 PM.) Applicants are requesting Variances 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. 100-91B) for approval of Apartment 1 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 as-built 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. Page 5 - Agenda upd. 2~28~05 Regular Meeting - March 3, 2005 Town Zoning Board of Appeals II. PUBLIC HEARINGS, continued - Please note: written testimony in lieu of extensive oral testimony is requested and appreciated and is entirely entered into the official record. All testimony shall be limited to zoning issues properly before the Board. Please note: the next advertised hearing (D. Dash) was canceled by the applicant on 2/17. ~ 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: 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 ClNGULAR 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. (End of Hearings; public meeting continues on next page:) Page 6 - Agenda upd. 2~28~05 Regular Meeting - March 3, 2005 Town Zoning Board of Appeals III. POSSIBLE DELIBERATIONS/DECISIONS: A. PH concluded 2/3/05: Orient Fire District #5408. Location of Property: Orient Firehouse Parcel, 23300 Main Road, Orient; CTM 18-5-13.8; Zone District: R-80. Requests: (1) for 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: (a) does not meet the code requirements with a proposed height at 125 feet, (b) is not permitted to be located within 300 feet of historic properties, CTM 18-5-15.1, 18-5-11.1, and (c) 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; and (2) for a Special Exception under Section 100-162A(3) to construct telecommunications tower. B. PHs concluded 3/3/05 (from Agenda Item II, above, as deemed appropriate, or continue at Special Meeting of March 10, 2005). IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Reminder: Special Meeting at 6 PM, March 10th. Agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers, and related business. B. Resolution to authorize advertising of new hearings for March 31, 2005. C. New business (t/b/d). V. POSSIBLE EXECUTIVE SESSION.(t/b/d; litigation).