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HomeMy WebLinkAboutZBA-03/10/2005 AGENDA3/6; upd. 3/10 AGENDA SPECIAL MEETING THURSDAY, MARCH 10, 2005 6:00 PM Place of Meeting: Conference Room/First Floor, Southold Town Hall Annex, NFB Building, 54375 Main Road, Southold. Call to Order by Chairwoman Oliva. I. STATE ENVIRONMENTAL QUALITY REVIEW: (none). II. PUBLIC HEARING (none). III. POSSIBLE DELIBERATIONS/DECISIONS: PH concluded 1/20/05: JON and KATHLEEN MARINO #5652. (New vote with all members required). Request for a Variance under Section 100-244, based on the Building Department's Dec. 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 2004 sq. ft. (20% of 10,018 sq. ft. lot size), at 10105 Soundview Avenue, Southold; CTM 54-8-5. RICHARD and ELEANOR COFFEY #5645. Applicant extended time for decision by letter; also revisions to maps for one-family were delivered today, 3/~0 and placed in mail boxes. This is an application requesting 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. 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. (1) for Variances under Sections 100-162A(3) and 100-165B, based on the Buildin9 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. (2) for a Special Exception under Section 100-162A(3) to construct telecommunications tower. Page 2 - Agenda Special Meeting - March 10, 2005 Town Zoning Board of Appeals III. POSSIBLE DELIBERATIONS/DECISIONS, continued: PH held 3/3 subject to receivinq lot coveraqe data. T. and M. KOSTOULAS #5646. Resolution to accept submission of lot coverage calculations offered by Member GG. and closing hearing. Side yard variances for proposed additions at 1035 Aquaview Avenue, East Marion; CTM 21-2-13. PHs concluded 3/3/05: DOROTHY W. FAUCON #5659. This is an Appeal requestin9 Reversal of the Buildin9 Department's December 20, 2004 Notice of Disapproval, concernin9 a request for a Preexistin9 Use Certificate of Occupancy for a two-family dwellin9 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 Repor~ dated November 10, 2004, indicatin9 the existin9 dwellin9 is listed as a single-family dwelling Location of Proper~y: 46925 Main Road, Southold; CTM 69-5-16. MICHAEL and KAREN CATAPANO #5656 (Mr. and Mrs. V. Pust, Owners). (Await letter from landowner with concerns for consideration per 3/3 meeting, not received as of 3/6). This is an Appeal requestin9 Variance(s) and/or Interpretation, based on the Buildin9 Department's December 29, 2004 amended Notice of Disapproval which states that a 9oat farm is not permitted in the AC Zone District. The reasons stated in the Buildin9 Inspector's disapproval is that Section 100-31A(2)(B) requires at least 10 acres for the keeping, raisin9 and trainin9 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 referrin9 to Section 100-221E as to whether the keepin9 of 9oats applies to the 10-acre requirement of Section 100-31A(2)(B); applicants propose to reside at the proper~y and to establish a 9oat farm with cheese processing/milkin9 room in a new buildin9 with storage, keeping, breeding/raisin9 of 9oats, and to construct a farm stand, at 33705 C.R. 48, Peconic; CTM 74-2-12, containin9 4.998 acres. WHITNEY B. ARMSTRONG #5661. Request for a Variance under Section 100-239.4A. 1, based on the Buildin9 Department's December 21, 2004 Notice of Disapproval concernin9 a new dwellin9 (as modified), at less than 100 feet from the top of the bluff or bank of the Fishers Island Sound. Location of Proper~y: Clay Point Road, Fishers Island; CTM 2-1-11.3. GREGORY WALLACE and LINDA WALTERS #5665. Request for a Variance under Sections 100-242A and 100-244, based on the Buildin9 Department's December 7, 2004 Notice of Disapproval concernin9 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 proper~y line, at 62 Washington Ave, Greenpor~; CTM 41-1-35. Page 3 - Agenda Special Meeting - March 10, 2005 Town Zoning Board of Appeals III. POSSIBLE DELIBERATIONS/DECISIONS, continued: PHs concluded 3/3/05: PETER WARNS #5658. Request for Variances under Sections 100-242A, 100-239.4B and 100-244, based on the Buildin9 Department's September 20, 2004 Notice of Disapproval concernin9 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 6740 Peconic Bay Boulevard, Laurel; CTM 126-5-2.1. DAWN RYAN and STEVEN KRAMER #5664. Request for Variances under Sections 100-33, 100-242A, and 100-244B, based on the Buildin9 Department's November 23, 2004 Notice of Disapproval, amended December 29, 2004, concernin9 proposed addition with alterations to an existin9 accessory 9ara9e 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. ALFRED and GLORIA GIARDIELLO #5660. Request for a Variance under Section 100-244 based on the Buildin9 Department's November 3, 2004 Notice of Disapproval concernin9 a proposed new dwelling, after demolishin9 the existin9 dwelling, with less than 35 feet from the front lot line and lot coverage exceedin9 the code limitation of 20%, on this 7,160 sq. ft. lot, at 165 Walnut Place, Mattituck; CTM 142-1-14. EDWARD F. JENSEN #5657. Request for a Variance under Section 100-244, based on the Buildin9 Department's November 9, 2004 Notice of Disapproval, concernin9 a proposed porch addition at less than 35 feet from the front lot line, at 440 Sunset Way, Southold; CTM 91-1-6. JKJ NORTH FORK REALTY, INC. #5662. Request for a Variance under Section 100-92, based on the Buildin9 Department's November 29, 2004 Notice of Disapproval, concernin9 a buildin9 permit application concernin9 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. RICHARD SCHETMAN #5667. Request for Variances under Sections 100-33 and 100-131A, based on the Buildin9 Department's November 23, 2004 Notice of Disapproval, concernin9 new construction that will contain additional livin9 space without bein9 attached with the code-required heated space, constitutin9 an accessory and a second dwelling, and exceedin9 the 16 ft. height limitation as an accessory buildin9 in a front yard. Location: 38910 Main Road, Orient; CTM 15-6-30. 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) 9uest bedrooms for Iodgin9 and servin9 of breakfast to not more than ten (10) casual, transient roomers. Location of Property: 6100 Main Road, East Marion; CTM 31-6-16. Page 4 - Agenda Special Meeting - March 10, 2005 Town Zoning Board of Appeals III. POSSIBLE DELIBERATIONS/DECISIONS, continued: PHs concluded 3/3/05: ELIZABETH WELCH and MERCELO GUIDOLI #5666. Request for a Variance under Section 100-242A and 100-244, based on the Buildin9 Department's October 5, 2004 Notice of Disapproval, amended December 26, 2004, concernin9 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 exceedin9 the code limitation of 20%, at 230 Vincent Street, Orient; CTM 25-3-14. WILLIAM and PATRIClA MOORE #5636. Applicants request: (a) Special Exceptions under Section 100-71 B (ref. 100-91 B) for approval of Apartment 1 and future Apartment 2 within a 500 sq. ft. of office floor area, as an alternative, within the principal buildin9 (first floor), and (b) Variance under Section 100-33, based on the Buildin9 Department's October 6, 2004 Notice of Disapproval, amended January 14, 2004, for the location of the as-built accessory 9ara9e in a side yard after proposed expansion of the principal building Location of Property: 51020 Main Road, Southold; CTM 70-2-6. Zone: Residential-Office. ROBERT HEINTGES #5669. Request for a Variance under Sections 100-30A.1 (ref. 100-31A), based on the Buildin9 Department's December 16, 2004 Notice of Disapproval concernin9 a proposed storage shed, a non- permitted use on a vacant parcel located at 275 Strohson Road, Cutchogue; CTM 103-10-13. WILLIAM ARCHER #5654. Based on the Buildin9 Department's September 29, 2004 Notice of Disapproval, citin9 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 dwellin9 on this 5.9-acre lot (Kimogenor Point). Location: 50 Jackson Street, New Suffolk; CTM 116-6-24.1. CDR MATTITUCK, INC. #5673. Request for a Reversal of the Buildin9 Department's January 6, 2005 Notice of Disapproval, concernin9 an as-built livin9 area which has been deemed as a second dwellin9 unit, a non- permitted use under Zonin9 Code Section 100-30A.2, at 165 Stanley Road, Mattituck; CTM 106-6-16. FRANCIS A. KESTLER, DDS #5675. Request for a Variance under Section 100-72 based on the Buildin9 Department's January 14, 2005 Notice of Disapproval, amended February 2005, concernin9 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. ClNGULAR WIRELESS PCS, LLC (Site Owner: A. Junge) #5671. Request for a Variance under Section 100-165(C), based on the Buildin9 Department's December 15, 2004 Notice of Disapproval concernin9 a proposed equipment shelter buildin9 at less than 70 feet from the rear lot line, at 21855 C.R. 46 (Middle Road), Cutchogue; CTM 96-1-19.1. Zone: Light Industrial. Page 5 - Agenda Special Meeting - March 10, 2005 Town Zoning Board of Appeals III. POSSIBLE DELIBERATIONS/DECISIONS, continued: PHs concluded 3/3/05: 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: Greenwood Road, Fishers Island; CTM 12-1-13.3. PHs concluded 3/3/05: BARBARA KELLC #5670. (Submission of information from applicant's attorney today, 3/10. Hold for Member reviews, and possible decision on March 31, 2005 with draftinq.) 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. FRANK MARTORANA #5650. Request to reopen hearinq (PH: 4/28/05) subiect to receivinq application fee with amended Notice of Disapproval; re-advertisement, etc. (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 demolishin9 the existin9 dwelling, at 3500 Deep Hole Drive, Mattituck; CTM 115-17-9 & 10, combined as one lot). IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to authorize advertising of new hearings for March 31, 2005. B. New business (t/b/d). V. POSSIBLE EXECUTIVE SESSION.(t/b/d; litigation).