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HomeMy WebLinkAboutZBA-11/17/2005 AGENDA AGENDA THURSDAY, NOVEMBER 17, 2005 ZBA REGULAR MEETING 9:30 A.M. Place of Meeting: Southold Town Hall, Court Room, 53095 Main Road, Southold. Call to Order by Chairwoman Oliva. I. STATE ENVIRONMENTAL QUALITY REVIEW: Resolution to determine Type II Actions on the following applications (no further step required for dimensional variances, accessory special permits/Accessory Apartments, Bed and Breakfast Uses): JOHN and BARBARA CONDON #5785. MARTIN KOSMYNKA (contract vendee) and TIDE GROUP, INC. #5779. ALEXANDER SZNURKOWSKI #5786. RALPH PASSARO #5790. SIMON CAUDULLO #5787 and as amended under #5801. CHERYL HANSEN REVOCABLE TRUST #5796. ELLEN J. McNEILLY #5800. MONTAUK BUS SERVICE, INC. #5778. BARTON and PAT JOHNSON #5788. MICHAEL ZEVITS #5789. PREMIUM WINE GROUP LLC #5784. JAMES and DENISE MARTIN #5794. M. and H. REDDINGTON #5791. JOHN and JANE ANN INGRILLI #5734. II. 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): 9:30 a.m. JOHN and BARBARA CONDON #5785. Request for a Variance under Section 100-244, based on the Building Department's August 31, 2005 Notice of Disapproval concerning a proposed addition at less than 35 feet from front lot line, at 1755 Sigsbee Road, Mattituck; CTM 144-2-12. 9:35 a.m. MARTIN KOSMYNKA (contract vendee) and TIDE GROUP, INC. #5779. Request for a Variance under Section 100- 43C, based on the Building Inspector's August 2, 2005 Notice of Disapproval, to allow an Apartment unit for Page 2 – Agenda Meeting of: November 17, 2005 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS, continued (please limit presentation to five minutes, with testimony relative to this property and relative to zoning information and Code Sections noted for each): security/management purposes related to the proposed public storage use, at 50 Commerce Drive, Cutchogue; Parcel 96-1-1.4. Zone District: LI Light Industrial. 9:40 a.m. ALEXANDER SZNURKOWSKI #5786. Request for a Variance under Section 100-244, based on the Building Inspector's July 21, 2005 Notice of Disapproval, amended September 14, 2005 concerning a proposed addition and alterations to an existing dwelling, creating a total side yard setback area of less than the code required 35 feet (15 and 20 feet), at 710 West Shore Drive, Southold; CTM 80-1-46.1. 9:45 a.m. RALPH PASSARO #5790. Request for Variances under Sections 100-33A.4 and 100-244, based on the Building Inspector's August 31, 2005 Notice of Disapproval, concerning as-built additions at less than 50 feet from the rear yard line, and as-built shed located in a side yard instead of the code-required rear yard, at 875 Deerfoot Path, Cutchogue; CTM 103-4-6. 9:50 a.m. SIMON CAUDULLO #5787 and as amended under #5801. Request for Variances under Sections 100-12 and 100- 244B, based on the Building Department's August 24, 2005 Notice of Disapproval, amended October 24, 2005, concerning as- built additions and alterations to a non-habitable building with nonconformities in the following areas: (a) less than 35 feet from the front yard line, (b) lot coverage exceeding the code limitation of 20% lot area, and (c) living area less than the code required minimum 850 square feet for dwelling use, at 970 Seventh Street, Greenport; CTM 48-2-19. 9:55 a.m. CHERYL HANSEN REVOCABLE TRUST #5796. Request for Variances under Code Sections 100-33 and 100-239.4B concerning a proposed accessory garage located partly in a side yard instead of the code-required front or rear yard, and at less than 75 feet from the bulkhead, at 445 Elizabeth Lane, Southold; CTM 75-5-3. 10:00 a.m. ELLEN J. McNEILLY #5800. Request for a Variance under Section 100-244, based on the Building Inspector’s October 18, 2005 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling, which will constitute an increase in the degree of nonconformance when located at less than 10 feet from the code-required minimum side yard, at 70 Vincent Street, Orient; CTM 26-1-5. 10:10 a.m. MONTAUK BUS SERVICE, INC. #5778. Request for a Special Exception under Section 100-141(B-6) concerning a proposed Bus Terminal use and related building areas located at 115 Commerce Drive, Cutchogue; CTM 96-1-1.2. Zone District: LI Light Industrial. 10:20 a.m. BARTON and PAT JOHNSON #5788. Request for a Variance under Section 100-239.4B, concerning demolition of an existing dwelling and proposed new dwelling at less than 75 feet from the bulkhead, at 860 Bayview Drive, East Marion; CTM 37-5-7. 10:25 a.m. MICHAEL ZEVITS #5789. Request for a Variance under Section 100-244 concerning a proposed new dwelling, based on the Building Department's June 22, 2005 Notice of Disapproval, amended September 13, 2005, for the reason that the new construction will be less than 35 feet from the front yard line and less than 75 feet from the bulkhead, at 1450 West Lane, Southold; CTM 88-6-18.5. 10:30 a.m. PREMIUM WINE GROUP LLC #5784. Request for a Variance under Section 100-83C, based on the Building Department's August 9, 2005 Notice of Disapproval concerning proposed additions and alterations connecting two existing buildings, resulting in a linear frontage following the new construction of more than the code limitation of 60 feet on one street. Location of Property: 35 Cox Neck Road at Sound Avenue, Mattituck; CTM 121-06-01. 10:40 a.m. JAMES and DENISE MARTIN #5794. Request for Variances under Sections 100-33 and 100-242A, based on the Building Department's September 28, 2005 Notice of Disapproval, concerning as-built accessory structures (trellis, hot tub structure, shed), expansion of the swimming pool, and alterations of an existing shed to an outdoor shower and changing area related to use of the swimming pool, and storage. The reasons stated in the Building Inspector’s Notice of Disapproval are that the new construction related to the accessory buildings/structures are less than 60 feet from the front yard line, and that the change of use of the existing nonconforming shed increases the nonconformity when the use is intensified to a different accessory use. Location of Property: 1695 Meadow Beach Road, Mattituck; CTM 116-4-31. 10:50 a.m. M. and H. REDDINGTON #5791. Request for Variances under Sections 100-32 and 100-25, based on the Building Inspector’s August 23, 2005 Notice of Disapproval, for area, width and depth in this division of merged lands, conveyed by deeds May 1983. The reasons stated in the Notice of Disapproval are that the lots are merged, and no deed of record after was found for separate lots 7.1 or 7.2 (required for lot recognition under Section 100-24A-1). Location of Property: Corner of Horton Road and Bittersweet Lane, Cutchogue; CTM 104-2-7.1 and 104-2-7.2. Page 3 – Agenda Meeting of: November 17, 2005 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS, continued (please limit presentation to five minutes, with testimony relative to this property and relative to zoning information and Code Sections noted for each): 11:10 a.m. JOHN and JANE ANN INGRILLI #5734. Request for Variances under Sections 100-33 (100-30C) and 100-244B, based on the Building Inspector's April 12, 2005 Notice of Disapproval, amended October 24, 2005, concerning removal or the existing garage and construction of a new accessory building with garage and storage on the first floor, and workshop on the second floor and plumbing for a half-bathroom. The reasons stated in the Building Inspector’s Notice of Disapproval are that the building is not permitted because the setback will be less than 50 feet from the rear yard line and that the workshop use is not a permitted use. Location of Property: 10375 Nassau Point Road, Cutchogue; CTM 119-1-15. 12:00 noon- Resolution to Recess (lunch). * * * 1:00 p.m. Reconvene. III. DELIBERATIONS/POSSIBLE DECISION/RESOLUTION: PH concluded on 10/20: 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 (reconstruction), (add) new second-story addition, and (add) 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. IV. PUBLIC HEARINGS, continued: (please limit presentation to five minutes, with testimony relative to this property and relative to zoning information and Code Sections noted for the following application): 1:20 p.m. RQA PROPERTIES (RICH’S QUALITY AUTO BODY) #5759. Request for a Variance under Section 100-241A, based on the Building Department's May 26, 2005 Notice of Disapproval concerning a proposed detached 1760+- square foot building for business activities related to the existing nonconforming auto body business. The reason stated in the Building Inspector’s denial is that the property is zoned Residential R-40 and a nonconforming auto body shop use is not permitted to be enlarged, altered, extended, reconstructed, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.” Location of Property: 29950 Main Road at intersection with Fleets Neck Road (a/k/a Pequash Ave.), Cutchogue; CTM 102-3-1. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: V. A. Resolution to authorize advertising of new hearings for 12/15/05 and 1/19/06. B. New business (t/b/d). C. Resolution to cancel 11/17 Hearing, Re: M. Trupia ZB #5768, at applicant/agent’s request of 11/15. D. Resolution to determine application moot, Re: J. Gould ZB #5781. VI. POSSIBLE EXECUTIVE SESSION (t/b/d; litigation).