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HomeMy WebLinkAboutZBA-10/20/2005 AGENDA ZBA REGULAR MEETING Prep. 9/29 THURSDAY, OCTOBER 20, 2005 9:00 A.M. Place of Meeting: Southold Town Hall (Court 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 DECISION/RESOLUTION: PH concluded 8/18 (amended survey with revised setback to new bulkhead received 9/23): 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. 820 Old Salt Lane, Mattituck; CTM 144-5-15. III. PUBLIC HEARINGS (please limit presentation to five minutes, with testimony relative to this property and relative to zoning information and Code Sections noted for each): 9:00 a.m. JOHN and ANTOINETTE ROBERTSON #5776. Request for a Variance under Section 100-33, based on the Building Inspector’s August 11 and August 23, 2005 Notices of Disapproval determinations. The reason stated for disapproving the building permit application is, that after construction of the proposed additions, a nonconformance will be created for the side yard placement of the existing accessory garage (presently in the code-defined rear yard). 1350 Marlene Lane, Mattituck; CTM 144-2-37. 9:05 a.m. THOMAS ANDERSON #5782. Request for a Variance under Sections 100-242A and 100-244, based on the Building Inspector’s August 25, 2005 Notice of Disapproval for proposed addition with alterations to the existing dwelling which is less than 50 feet from the rear lot line. The proposed addition to add a partial story will constitute an increase in the degree of nonconformance. Location: 1240 Love Lane, Mattituck; CTM 140-1-23.1. Zone District: Marine II. 9:10 a.m. ROMAN WATROBA #5774. Request for a Variance under Section 100-244, based on the Building Inspector’s August 9, 2005 Notice of Disapproval, for a proposed addition at less than 35 feet from the front lot line, at 775 Midwood Road (a/k/a 70 Pinewood Road), Cutchogue; CTM 110-2-17. 9:15 a.m. RICHARD and MARIE SCHULKEN 5771. Request for a Variance under Sections 100-242A and 100-244, concerning proposed additions and alterations at less than 10 feet on a single side yard and less than 25 feet for combined side yard total, and lot coverage in excess of the code’s 20% limitation on this 4,158 sq. ft. lot. The new construction will constitute a new nonconformance and increase the degree of existing nonconformance. Location: 10435 Peconic Bay Boulevard, Mattituck; CTM 144-1-24. Page 2 – Agenda October 20, 2005 Meeting Southold Town Zoning Board of Appeals III. PUBLIC HEARINGS (please limit presentation to five minutes, with testimony relative to this property and relative to zoning information and Code Sections noted for each): 9:20 a.m. RICHARD KUBIAK #5780. Request for Relief from ZBA Conditions rendered 1/11/1998 under Appeal No. 3696, based on Section 100-239.4B (formerly 100-119.2) to authorize conversion of portion of the existing open into additional living area, at 50 Willow Point Road, Southold; CTM 56-5-25. 9:30 a.m. BENEDICT POLLIO #5753. (As of 9/27 await current survey with setbacks of all homes and wetland boundary areas requested by Board Member(s); carryover from 8/18 PH #1). 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: 445 Kimogenor Point Road, New Suffolk; CTM 117-10-1. 9:40 a.m. PAUL MALONEY #5748. (9/27 received corrected maps from Peter Heard confirming increased setbacks as amended for garage.) 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 78-8-3. 10:00 a.m. THOMAS DeMAGGIO #5758. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's June 30, 2005 Notice of Disapproval concerning a new addition which will create a new nonconformance and/or increase the degree of nonconformance when located at less than 10 feet on a single side yard, at 735 Smith Road, Peconic; CTM 98-4-8. 10:05 a.m. ANTHONY and JOANNE KROPP #5760. Request for Variances under Sections 100-33 and 100-244, based on the Building Inspector’s July 12, 2005 amended Notice of Disapproval concerning: (a) proposed additions and alterations at less than 15 feet on a single side yard; (b) proposed construction of a new accessory shed with new height, replacing the existing shed, and construction of a new accessory garage/shed in a location at less than the code-required five (5) feet. Location of Property: 360 Riley Avenue, Mattituck; CTM 143-5-8. 10:15 a.m. PAUL and LINDA ZENESKI #5767. Request for a Variance under Section 100-33, based on the Building Inspector’s July 13, 2005 Notice of Disapproval, concerning construction of an accessory garage, proposed partially in the side yard instead of the rear yard at 365 Jasmine Lane, Southold; CTM 70-1-6.3. 10:20 a.m. ALFRED and MARY KNAPP #5761. Request for a Variance under Section 100-33, based on the Building Inspector’s May 13, 2005 Notice of Disapproval, for an accessory carport proposed in a front yard instead of the code-required rear yard, at 3120 Soundview Avenue, Peconic; CTM 68-4-9. 10:25 a.m. ANDREW and ANN MONACO #5769. Request for a Variance under Section 100-239.4A based on the July 11, 2005 Building Inspector’s Notice of Disapproval, concerning a proposed deck addition at less than 100 feet from the top of the bank or bluff of the Long Island Sound. Location: 65 Aquaview Avenue, East Marion; CTM 21-2-1. (Prior conditions are also noted under ZBA No. 4085 for limitations on the bluff setback for construction.) 10:35 a.m. MARGARET TRAVIS RADACINSKI #5770. Request for a Variance under Section 100-244, based on the Building Inspector’s August 11, 2005 Notice of Disapproval, concerning deck additions to the existing dwelling at less than 40 feet from the front lot line and less than 50 feet from the rear lot line, on this 21,484 sq. ft. corner lot. Location of Property: West Side of Sound Road and 69435 C.R. 48 at intersection with NYS Route 25, Greenport; CTM 35-1-8. 10:45 a.m. THEODORE HARRIS #5773. Request for Variances under Sections 100-32 and 100-242A, based on the Building Inspector’s April 27, 2005 Notice of Disapproval, concerning proposed additions and alterations with an increase in the degree of nonconformance when located less than 60 feet from the front lot line, at 3805 Alvahs Lane, Cutchogue; CTM 101-2-24.4. Page 3 – Agenda October 20, 2005 Meeting Southold Town Zoning Board of Appeals III. PUBLIC HEARINGS (please limit presentation to five minutes, with testimony relative to this property and relative to zoning information and Code Sections noted for each): 10:55 a.m. ALBERT and BARBARA REIBLING #5775. Request for Variances under Sections 100-30A.3 and 100- 244, based on the Building Inspector’s August 3, 2005 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling on this 8,712 sq. ft. lot, which will increase the degree of setback nonconformance when located less than 35 feet from the rear property line, and under Section 100-239.4B for new construction at less than 75 feet from the bulkhead. Location: 75 Island View Drive, Greenport; CTM 57-2- 32. 12:00 Resolution to Recess (lunch break). Moved by Member ____, seconded by ______, carried ( ). * * * 1:00 Meeting to reconvene. (Reserved for other Business (to be determined), carried, if any, from morning session). 1:10 p.m. MARIA TRUPIA #5768. Requests for: (a) Special Exception for a two-family dwelling under Section 100-31B, and (b) Lot Size Variance under Section 100-32, Bulk Schedule, for a two-family dwelling on a lot containing less than 80,000 square feet. In the event a variance and special exception is not granted, authorization is requested for occupancy in a unit of the existing dwelling to care for family member(s) altered and enlarged for separate living floor area accessory to the single-family dwelling. Location: 105 Brower Road, Mattituck; CTM 107-8-34. Zone: R-40 Residential. 1:15 p.m. PETER IZZO #5765. Request for Variances under Section 100-244, based on the Building Inspector’s June 9, 2005 Notice of Disapproval concerning deck construction, open to the sky, and outside additions with shower stall, as-built at less than 15 feet on a single side yard and less than 35 feet for combined side yards, at 1435 Vanston Road, Cutchogue; CTM 111-4-13. 1:20 p.m. MARY BUTZ #5772. Request for a Variance under Section 100-33, based on the Building Inspector’s July 29, 2005 Notice of Disapproval concerning a proposed accessory swimming (lap) pool at less than the code- required 40 feet from the front lot line, at 2022 Hyatt Rd., Southold; CTM 50-1-21. 1:30 p.m. PETER SABAT #5763. Request for a Variance under Section 100-244, based on the June 24, 2005 Notice of Disapproval concerning a deck, open to the sky, with gazebo addition to the existing single-family dwelling, as-built in a location less than the code-required 35 feet from the rear lot line, at 4895 Peconic Bay Boulevard, Laurel; CTM 128-1-17. 1:40 p.m. JAMES and DENISE MARTIN #5742. Request for Variances under Sections 100-33 and 100-231, based on the Building Inspector’s August 3, 2005 amended Notice of Disapproval, concerning: (1) the proposed location of a tennis court and an as-built accessory shed, both less than 60 feet from the front lot line, and (2) proposed fencing which will exceed the code’s 4 ft. height limitation when located in a front yard and will exceed 6.5 ft. height limitation when located in a side yard. Location: 1695 Meadow Beach Lane, Mattituck; CTM 116-4- 31. 1:45 p.m. MARY R. RAYNOR #5711. (9/28 submitted amended survey with FEMA data regarding 2005 requirements for elevation of first floor and necessary foundation areas; also possible attendance by Gary Olsen, attorney for adjacent landowners/family; carryover from 8/18 PH, 9/29.) 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. Page 4 – Agenda October 20, 2005 Meeting Southold Town Zoning Board of Appeals III. PUBLIC HEARINGS (please limit presentation to five minutes, with testimony relative to this property and relative to zoning information and Code Sections noted for each): 2:25 PM RE-HEARING (to reconsider ZBA decision rendered May 12, 2005), in the Matter of the Application of W. BRUCE and MARY ANN BOLLMAN #5680. Request for Variances under Section 100-244, based on the Building Department's February 3, 2005 Notice of Disapproval, concerning an application for a building permit to substantially remove or demolish existing dwelling, and to construct a new single-family dwelling: (1) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent, and (4) at less than 75 feet from the bulkhead. Location: 1755 Truman’s Path, East Marion; CTM 31-13-4. 2:50 p.m. JENNIFER B. GOULD #5781 concerning premises owned by W. BRUCE and MARY ANN BOLLMAN. This is an Appeal to revoke the Decisions of the Building Inspector to issue Building Permit No. 31232-z dated June 28, 2005, and all subsequent Amendments under Building Permit No. 31232-z, in which the entire foundation was removed, and a building height of 30 feet authorized, in contravention of Zoning Board of Appeals decision filed May 25, 2005 under Appeal 5680. Location: 1755 Trumans Path, East Marion; CTM 31-13-4. (End of hearing calendar, meeting continues) IV.RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Special Meeting Thurs., October 27, 2005 at 6 PM (Town Hall Annex, Youngs Avenue) B. Motion to authorize advertising of new hearings for Thurs., November 17, 2005 at 9:30 a.m. C. New business (t/b/d). D. Possible Deliberations/Decision (from hearings list, supra). V. POSSIBLE EXECUTIVE SESSION (t/b/d if any regarding litigation).