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HomeMy WebLinkAboutZBA-05/25/2006 Agenda AGENDA 5/18; upd. 5/24 AM REGULAR MEETING THURSDAY, MAY 25, 2006 – 9:30 A.M. Place of Meeting: Southold Town Hall, Court/Meeting Room, 53095 Main Road, Southold. Call to Order by Chairwoman Oliva. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATION : Resolution to determine Type II Actions (no further step required for lot size or dimensional variances, accessory special permits, accessory apartments, accessory bed and breakfast uses, and variances related to detached buildings with accessory uses). II. DELIBERATIONS/DECISIONS (from last agenda) Possible Resolution regarding PH held 4/27/06: (a) to conclude written portion of the following record or (b) to extend written portion of the following record pending applicant’s reply by May 31, 2006: NICHOLAS ALIANO #5846. Request for Variances: (1) under Section 100-239.4A(1), based on the Building Inspector’s January 5, 2006 Notice of Disapproval, concerning a building permit (#31581Z) issued in error, for a location set back less than the code required 100 feet from the top of the Long Island Sound bluff, and (2) based on the Building Inspector’s January 13, 2006 Notice of Disapproval, citing Section 100-244, for a reduced front yard setback for alternative relief with the applicant’s suggested new dwelling size and location at less than the required 100 feet from the top of the bluff and less than the required 40 feet from the front yard lot line. Location of Property: 3705 Duck Pond Road, Cutchogue; CTM 83-1-12. : PHs concluded April 27, 2006 for Possible Deliberations/Decisions JOHN and JACQUELINE BENDICK #5881. (Floor diagrams submitted by applicant 5/11). Variance under Sections 100-242A (Walz Interpretation No. 5039) and 100-244, based on the Building Inspector’s March 3, 2006 Notice of Disapproval concerning proposed additions to the existing single-family dwelling, which increase the degree of the nonconformity when located at less than the code required 40 feet from the front yard lot line. Location: 860 Carrington Road, Cutchogue; 111-6-11. DANIEL FISCHER #5833. Request for Area Variances under Sections 100-32 and 100-244, based on the Building Inspector’s December 6, 2005 Notice of Disapproval, amended February 1, 2006, concerning a proposed land area of less than 40,000 square feet in this proposed two-lot subdivision, and setback at less than 15 feet on a side yard for a proposed dwelling, at 38785 Main Rd./Route 25 and Ryder Farm Lane, Orient; CTM 15-8-1.1. 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 9:35 A.M. JAMES CURRAN #5795 - Request for a Variance under Section 100-33, based on the Building Inspector’s July 28, 2005 Notice of Disapproval concerning the location of an as-built accessory shed in a front yard, instead of the code-required rear yard, at 680 Oakwood Court (at Wood Drive, Lakeside Drive), Southold; CTM 90-4-4. Page 2 – Agenda upd. 5/24/06 Meeting of: May 25, 2006 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): 9:40 A.M. JAMES BISSETT III #5894. Request for a Variance under Section 100-33A, based on the Building Inspector’s March 16, 2006 Notice of Disapproval concerning a new horse born proposed at a height exceeding the code limitation of 18 feet, at 55 Cox Neck Road, Mattituck; CTM 113-7-19.23. 9:45 A.M. STEPHANIE MIRITELLO #5849. Request for a Variance under Section 100-242A, based on the building Inspector’s January 6, 2006 Notice of Disapproval, concerning “as built alterations to an existing nonconforming accessory, seasonal cottage containing 520+/- square feet of floor area. The reasons stated for disapproval are: (1) that the existing seasonal accessory cottage was altered to include heat and to convert a sunroom to a bedroom, which is not permitted under Section 100-242A when alterations create a new nonconformance or increase in the degree of nonconformance; and (2) that Section 100-31A permits only one single-family dwelling on a lot, and the as-built alterations create a year-round accessory cottage. Location: 3535 Cox Neck Road, Mattituck; CTM 113-3-3.1. 10:00 A.M. LAWRENCE and ANN EKSTER #5891. Request for a Variance under Section 100-30A.3, based on the Building Inspector’s April 11, 2006 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling at less than 50 feet from the front yard lot line, at 570 Horseshoe Drive, Cutchogue; CTM 95-4-18.20. 10:05 A.M. KEVIN and VIRGINIA COTTON #5896. Request for Variances under Section 100-244, based on the Building Inspector’s April 5, 2006 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling at less than 35 feet from the front and rear yard lot lines, less than 25 feet for combined (both sides required at 10 ft. and 15 ft. minimum), and with lot coverage in excess of the code’s 20% limitation. Location of Property: 825 Dogwood Lane, Southold; CTM 54-5-33. 10:15 A.M. JEANINE O’HAGEN-MURPHY #5890. Request for Variances, based on the building Inspector’s May 9, 2006 Notice of Disapproval, under: (a) Section 100-243 pertaining to nonconforming setback and nonconforming use of a cottage containing less than 850 square feet in size, and (b) Section 100-244 to raise and alter the existing nonconforming building, which will increase the degree of nonconformance in a location at less than 35 feet from the front yard lot line. The applicant proposes to raise the existing nonconforming building with a nonconforming (cottage) use, and to make renovations and construct a deck and hot water heater addition, at 4250 Breakwater Road, Mattituck; CTM 106- 9-1.1. 10:25 A.M. PAUL and CHERYL RAGUSA #5897. Request for a Variance under Section 100-231, based on the building Inspector’s February 28, 2006 Notice of Disapproval concerning fence construction in excess of the code’s four ft. height limitation when located in the front yard, at 2700 Harbor Lane, Cutchogue; CTM 103-1-20.8. 10:35 A.M. ROMANELLI BROTHERS, LLC by John Romanelli, President #5882. Request for a Special Exception under Section 100-71B(3) to establish an Apartment use over the first floor business office use in this RO Residential Office Zone District, at 51750 Main Road, Southold; CTM 63-6-4. 10:40 A.M. RICHARD PERRY #5886. Request for a Variance under Sections 100-30A.3 and 100-242 (Walz Interpretation #5039 rendered 1/2/02), based on the Building Inspector’s February 6, 2006 Notice of Disapproval concerning a proposed addition, which will increase the degree of nonconformity when located less than 50 feet from the front yard lot line, at 830 Clearview Road, Southold; CTM 89-3-11.5. 10:50 A.M. RICHARD and SUSAN WARD #5867. Request for Variances under Section 100-32 (ref. Section 100-244 Bulk Schedule), based on the Building Inspector’s July 5, 2005 Notice of Disapproval, amended March 2, 2006, for lot sizes and side yard setback of the existing dwelling resulting from a proposed change of lot lines (re-division of existing Lots 1 and 2). Each lot will remain nonconforming with less than 80,000 square feet of land area and less than 175 feet of lot width, and the side yard will be less than 20 feet from the existing dwelling from the revised lot line. Location of Property: 4006 Old North Road, Southold; CTM 55-2-5.2 and 5.3. Page 3 – Agenda upd. 5/24/06 Meeting of: May 25, 2006 Southold Town Zoning Board of Appeals 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): 11:00 A.M. THOMAS PERILLO #5879. Requests for Amended Variance (referring to ZBA Decision #2582 dated 9/6/1979) and Variance under Sections 100-30A.3 and 100-244 (Bulk Schedule), based on the Building Inspector’s December 12, 2005 Notice of Disapproval. Applicant proposes to re-locate the access right-of-way from the west side to the east side of Lot 17.2, resulting in the proposed change of lot line and new nonconforming front yard setback from the existing dwelling to the easterly front yard line at less than 40 feet on this 22,457 sq. ft. parcel. After the lot line change and excluding the proposed land exchange of the 15 ft. wide right-of-way, the nonconforming size of CTM Lot 17.2 will remain at 22,457 square feet, and nonconforming size CTM 17.1 will remain the same, except that the ownership of the 15 ft. wide right-of-way will change when relocated with 17.1 (instead of part of 17.2). Location of Property: 1410 Peconic Bay Boulevard, Mattituck; CTM 145-2-17.2 and 17.1. 11:20 A.M. FISHERS ISLAND WINDSWEPT PROPERTIES, LLC and ROSALYN DRISCOLL #5883. Request for a Special Exception under Article III, Section 100-31B, sub-section 13 of the Zoning Code to establish Accessory Apartment, to establish an Accessory Apartment in the existing dwelling located, at 1877 Heathulie Avenue, Fishers Island; CTM 1000-9-11-9.3. TH 11:30 A.M. ANDREW LOWRY, MANAGING MEMBER/343 EAST 18 STREET #5860. Request for Variance under Section 100-244, based on the Building Inspector’s March 23, 2006 amended Notice of Disapproval, concerning construction of a new dwelling at less than 40 feet from the front yard lot line (after demolishing the existing dwelling). (No alterations or changes to the nonconforming accessory cottage are proposed.) Location of Property: 115 East Side Avenue, Mattituck; CTM 99-3-19. 11:40 A.M. FRANCIS W. and NANCY DEEGAN #5892. Request for Variance under Sections 100-242 (Walz Interpretation #5039 rendered 1/2/02) and 100-244 concerning additions to the existing dwelling, which will increase the degree of nonconformance when located less than 15 feet from the side yard lot line, at 500 North Drive, Mattituck; CTM 106-6-28.4. Resolution to Recess (lunch). * * * * * 1:00 P.M. Resolution to reconvene. 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): 1:00 P.M. SHEILA R. KENNEDY, Contract Vendee (RAUCH PARTNERS LP, Owners) #5870. (Continuation from 4/27 PH for attendance, requested by Walter Keenan). Request for a Variance under Section 100-32, based on the Building Inspector’s February 22, 2006 Notice of Disapproval, concerning a proposed dwelling at less than 60 feet from the front yard line facing a private right-of-way, less than 75 feet from the code-required rear yard line, premises located north of Equestrian Avenue, Fishers Island at Hay Harbor; Lot #2, Minor Subdivision Map of Frances B. Rausch and others, filed 8/11/94 as Map No. 9547; CTM 9-9-22.1. 1:15 P.M. SOTIRIOS KASSAPIDIS #5888. Request for Variances under Section 100-230 and 100-244, based on the Building Department's March 7, 2006 Notice of Disapproval regarding a breezeway addition to an existing garage, at less than 10 feet from the side property line (Building Permit #31420), and with the swimming pool construction, all buildings and structures will exceed the 20% code limitation of lot coverage, at 3975 Breakwater Road, Mattituck; CTM Parcel 106- 3-8. 1:25 P.M. THOMAS and MARY FITZPATRICK #5880. Request for Variances under Sections 100-242A (Walz Interpretation #5039 dated 1/24/02) and 100-244, concerning proposed additions to the existing single-family dwelling, with new construction at less than the code-required 10 ft. minimum side yard, and less than the code required minimum of 35 feet from both front yard lot lines, at 1160 Bailey Beach Road, Mattituck; CTM 99-3-11.19. Page 4 – Agenda upd. 5/24/06 Meeting of: May 25, 2006 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): 1:30 P.M. BENEDICT POLLIO #5889. Request for a Variance, based on the Building Department's April 4, 2006 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. 1:35 P.M. ARLENE and PETER MANOS #5893. Request for a Variance under Section 100-239.4A, based on the Building Department’s March 28, 2006 Notice of Disapproval, amended April 11, 2006, concerning a request to amend Building Permit #31508-Z, after demolishing the dwelling and building a new dwelling. Demolition of the construction was not requested by Applicant under Building Permit No. 31508-Z and ZBA Variance #5730 (which was for a two-ft. porch extension). The new dwelling will be located less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2000 Sound Drive, Greenport; CTM 33-1-18. (End of hearings, public meeting continues) IV.RESOLUTIONS/UPDATED REVIEWS/OTHER: nd th June 8 A. Special Meeting 6 P.M. Town Hall Annex (NFB Building), 2 floor Executive Board Room. Agenda will include possible Decisions/Resolutions carried from today, pending reviews of hearing documentation. B. Resolution to authorize advertising of new hearings for 6/22 Meeting concerning complete applications. C. New business: Possible discussion related to zoning code issues pending before committees or TB. D. Reviews pending; recent inspection follow-ups on new applications for department updates/other reviews. E. Resolution granting request of Richard W. Vandenburgh to Withdraw Application of Michael Reddington ZBA File #5792 concerning a Lot Waiver.