HomeMy WebLinkAboutZBA-08/18/2005 AGENDA8/16; upd 8/17 4 PM
ZBA AGENDA
REGULAR MEETING
AUGUST '18, 2005
9:30 A.M.
Place of Meeting: Southold Town Hall Court/Meeting Room, 53095 Main Road, Southold.
Call to Order by Chairwoman Ruth D. Oliva.
I. STATE ENVIRONMENTAL QUALITY REVIEW: Resolution to determine Type II Actions (no further step
required for dimensional variances, accessory special permits/Accessory Apartments, Bed and Breakfast
Uses).
II. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS:
7/7 PHs held/concluded:
VIVIAN LINDERMAYER and ASPASIA ISRAFIL #5725. Request for Variances under: (1) Zoning
Code Section 100-235 based on the Building Department's and May 12, 2005 Notices of Disapproval,
concerning vehicular access width, which does not meet the code required 15 ft. minimum width over CTM
Parcel 1000-51-1-5, and (2) based on the Building Department's March 28, 2005 Notice of Disapproval, for
variance under New York Town Law, Section 280A, establishing the minimum construction specifications for
travel by emergency and other vehicles over a private right-of-way, instead of direct frontage along a town
street. Location: 17877 and 17815 Soundview Avenue, Southold; CTM 51-1-4 and 5.
DAVID T. DEVLIN #5722. Request for a Waiver under Section 100-28 to unmerge County Tax Map
Ref. 1000-70-4-22 (vacant land) from CTM 70-4-23 (improved). Based on the Building Inspector's April 26,
2005 Notice of Disapproval, the properties have been merged in this R-40 Low-Density Residential Zone
District, under Section 100-25. Location of Property: 1275 West Hill Road (and 1175 West Hill Road), Calves
Neck, Southold.
7/21 written record concluded; 7/7 PH held:
T. KANARIS #5690 Request for Waiver to Unmerge land. 480 Ruth Road, Mattituck. (Cover letter with
4 encls. 7/18 from A. Wickham includes copies of: 8/24/05 appraisal letter with info on contributory value
estimated at $25,000 to $30,000; also copies of two letters from owner and copy of CTM of area vacant lots,
etc.).
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ZBA - August 18, 2005 Meeting
iii. PUBLIC HEARINGS (please limit presentation to five minutes, with testimony relative to this property and
relative to zoning information):
9:30 a.m. SHORELINE DEV. CORP. #5733 ( 7/21 Resolution, carryover PH for alternative plans and revised site/survey
maps, Alt Plans ! and II submitted 8/~5 for consideration). Request for setback Variance under Section 100-244 for
front yard at less than required 35 feet, at 55 Brown Street, Greenport; CTM 48-3-29.
9:40 a.m. CHARLES and KATHLEEN WATSON #5738. Request for an amended Variance under Section
100-33, based on the Building Department's May 12, 2005 Notice of Disapproval concerning new plumbing in
an accessory building proposed as a pool cabana, instead of an accessory storage shed without plumbing
requested under Appeal No. 5840, and in a location at less than five feet from the rear lot line. Location: 5270
Nassau Point Road, Cutchogue; CTM 111-8-18.
9:50 a.m. BENEDICT POLLIO #5753. Request for a Variance, based on the Building Department's March
22, 2005 Notice of Disapproval concerning an addition to an existing dwelling. The reason for disapproval is
that Section 100-31A states that "no building or premises shall be erected or altered which is arranged,
intended or designed to be used, in whole or in part, for any uses except ... (1) One-family detached dwellings,
not to exceed one dwelling on each lot. The new construction is proposed on a lot which contains more than
one dwelling. Location of Property: 445 Kimogenor Point Road, New Suffolk; CTM 117-10-1.
9:55 a.m. JOHN MORSE #5726. Request for Variances under Zoning Code Sections 100-239.4B, 100-242A,
100-33; 100-244, based on the Building Department's April 25, 2005 Notice of Disapproval, amended June 13,
2005 concerning proposed additions with substantial reconstruction of the existing dwelling. The reasons
stated in the disapproval are that: (a) the new additions to the accessory garage will be an increase in the
degree of nonconformance when located less than 40 feet from the front lot line and less than 5 feet from the
side lot line; (b) the substantial reconstruction to the dwelling, with additions, will be less than 50 feet from the
rear lot line and less than 75 feet from the bulkhead. Location: 820 Old Salt Lane, Mattituck; CTM 144-5-15.
'10:05 a.m. BCB REALTY HOLDING CORP. #5739. Request for a Variance under Section 100-103-C, based
on the Building Department's April 22, 2005 Notice of Disapproval, concerning a new building with greater than
60 feet of frontage (building width) on one street; 74825 Main Road, Greenport; 45-4-8.3. Zone District:
General B Business. (Plans amended and submitted; see Building Inspector's 8/16 amended Notice of
Disapproval.)
'10:'15 a.m. OTTO and JUNE SCHOENSTEIN #5744. Request for a Lot Waiver under Section 100-26 to
unmerge County Tax Map Ref. 1000-57-2-6 (vacant land), from CTM 57-2-2.1 (improved land). Based on the
Building Department's November 22, 2004 Notice of Disapproval, amended June 13, 2005, the properties have
been merged in this R-40 Low-Density Residential Zone District, under Section 100-25. Location of Property:
500 and 580 Island View Lane, Greenport.
'10:25 a.m. JOYCE ORRIGO #5740. Request for a Lot Waiver under Section 100-26 to unmerge CTM 40-2-
12 (vacant), from CTM 40-2-11 (vacant). Based on the Building Department's June 9, 2005 Notice of
Disapproval, the properties have been merged in this R-40 Low Density Residential Zone District under
Section 100-25. Location of Property: 66425 C.R. 48 and Homestead Way, Greenport; Map of Eastern
Shores, Section I, Ref. 152 and 153.
'10:35 a.m. PETER SHERWIN #5729. Request for a Variance under Section 100-30A.3, based on the
Building Department's May 4, 2005 Notice of Disapproval concerning a proposed observatory room above the
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ZBA - August 18, 2005 Meeting
iii. PUBLIC HEARINGS, continued:_(please limit presentation to five minutes, with testimony relative to this
property and relative to zoning information):
(Sherwin hearing, continued:) code limitation of 2-1/2 stories of building area. The reason for the
disapproval is that the new construction constitutes a third story. Location of Property: Fox Avenue,
Fishers Island; CTM 6-2-23.
10:45 a.m. LAWRENCE P. and SHERRI KELLY #5745. Request for Variances under Sections 100-242A
and 100-244, based on the Building Department's May 25, 2005 Notice of Disapproval, concerning proposed
second-floor additions with alterations, and one-story addition, which when located at less than 15 feet on a
single side yard will increase the degree of nonconformance. Location of Property: 25270 Main Road,
Cutchogue; CTM 109-3-3.
10:55 a.m. ROSE HAJEK #5747. Request for Variances under Sections 100-242A and 100-244, based on
the Building Department's June 11, 2005 Notice of Disapproval concerning proposed additions with alterations
to the existing dwelling, creating a new nonconformance and increase in the degree of nonconformance when
located less than 40 feet from the front lot line and less than 50 feet from the rear lot line, at 15305 New Suffolk
Avenue and Grathwohl Road, New Suffolk; CTM 117-6-15.
12:00 Resolution to Recess (lunch break).
1:00 Reconvene and continue Agenda Items.
III. PUBLIC HEARINGS, continued:_(please limit presentation to five minutes, with testimony relative to this
property and relative to zoning information):
1:00 p.m. WILLIAM AND BARBARA CLAYTON #5743. Request for Variances under Sections 100-33 and
100-244, based on the Building Department's Notice of Disapproval, amended June 27, 2005, concerning
proposed additions with alterations to the existing dwelling with a rear yard setback at less than 35 feet, and
new accessory garage building in an area other than the required rear yard, at 12632 Route 25, East Marion;
CTM 31-14-15.
1:15 p.m. ANTON BETTLER and MARLA MILNE #5752. Request for Variances under Section 100-244,
based on the Building Department's June 20, 2005 and July 16, 2005 Notices of Disapproval concerning
proposed deck addition, inclusive of pool/spa structure, and new front entrance additions, both less than 35
feet from the front lot line, at 185 Osprey Nest Road, Greenport; CTM 35-6-36.
1:20 p.m. JANE COCKERILL #5741. Request for a Variance under Section 100-30A.3, based on the
Building Department's May 18, 2005 Notice of Disapproval concerning an addition with alterations to the
existing dwelling, as built with new nonconformance as located, at less than the code-required 15 feet from the
side lot line; at 700 Birdseye Road, Orient; CTM 17-2-1.14.
1:25 p.m. MARK PALLADINI #5756. Request for a Variance under Section 100-244, based on the Building
Department's June 20, 2005 Notice of Disapproval concerning an addition proposed at less than 40 feet from
the front lot line, at 585 Donna Drive, Mattituck; CTM 115-16-5.
1:30 p.m. LOIS AMEND #5755. Request for a Variance under Section 100-244, based on the Building
Department's June 3, 2005 Notice of Disapproval concerning a porch addition proposed at less than 40 feet
from the rear lot line, at 265 Highwood Road, Southold; CTM 78-9-52.
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ZBA - August 18, 2005 Meeting
iii. PUBLIC HEARINGS, continued:_(please limit presentation to five minutes, with testimony relative to this
property and relative to zoning information):
'1:35 p.m. ANDREW and DAWN DUERWALD #5754. Request for a Variance under Section 100-244, based
on the Building Department's June 22, 2005 Notice of Disapproval concerning proposed additions at less than
40 feet from the front lot line, at 95 Clearview Avenue West, Southold; CTM 70-6-4.
'1:40 p.m. MARY R. RAYNOR #5711. Request for Variances under 100-242A and 100-244, based on the
Building Department's amended July 14, 2005 Notice of Disapproval, concerning new first floor foundation
construction, new second-story addition, and new deck increasing the degree of nonconformance as proposed
with side yard setbacks at less than 10 feet, less than 15 feet on the remaining side, and with lot coverage
exceeding the code limitation of 20%, at 575 Beachwood Road, Cutchogue; CTM 116-4-21. (After receiving
testimony, Resolution to continue hearing process at request of Olsen & Olsen, LLP to 9:30 am Sept. 29, 2005.)
III. PUBLIC HEARINGS, continued:_(please limit presentation to five minutes, with testimony relative to this
property and relative to zoning information):
'1:55 p.m. PAUL MALONEY #5748. Request for a Variance under Section 100-33, based on the Building
Department's June 6, 2005 Notice of Disapproval concerning a new accessory garage proposed in a front yard
at less than 40 feet from the code-required front lot line, at 1020 Goose Creek Lane, Southold; CTM 76-6-3.
2:05 p.m. EDWARD A. LINKER JR. #575'1. Request for Variances under Sections 100-33 and 100-244,
based on the Building Department's June 6, 2005 Notice of Disapproval concerning: (a) a proposed addition at
less than 35 feet from the rear lot line, and (b) a portion of the existing accessory garage will be in a new side
yard area after the new construction, instead of a conforming rear yard, at 265 Oyster Ponds Lane, Orient;
CTM 25-1-7.
2:'15 p.m. ARNOLD and MICHELLE WIDMAN #5746. Request for Variances under Sections 100-242A and
100-244, based on the Building Department's April 27, 2005 Notice of Disapproval concerning a proposed
upper deck addition, with an increase in the degree of nonconformance when located less than 35 feet from
the front lot line and less than 35 feet from the rear lot line, at 2155 Cedar Avenue, Southold; CTM 77-1-25.
2:20 p.m. RICHARD and ELEANOR COFFEY #5757. Request for a Variance under Section 100-244, based
on the Building Department's July 15, 2005 Notice of Disapproval, concerning an addition proposed at less
than 60 feet from the front lot line, at 5705 Main Road, East Marion; CTM 35-2-16.1.
(End of public hearings)
IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Special Meeting September 1, 2005 at 6 PM (Town Hall Annex, Youngs Avenue)
B. Resolution to authorize advertising of new hearings for 9~29~05.
C. New business (t/b/d).
V. POSSIBLE EXECUTIVE SESSION (t/b/d; liti,qation).