The URL can be used to link to this page

Home My WebLink AboutZBA-03/31/2005 Agenda FINAL AGENDA 3/28; 3/31 REGULAR MEETING THURSDAY, MARCH 31, 2005 9:30 A.M. Place of Meeting: Southold Town Hall, Meeting/Court Room, 53095 Main Road, Southold. Call to order by Chairwoman Oliva. I. STATE ENVIRONMENTAL QUALITY REVIEWS: RESOLUTION declaring the following Negative Declaration with No Adverse Effect for the following projects as applied: Type II Actions - No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests: BERNARD SPRINGSTEEL and MARCIA POLLAK #5674. GREGORY B. and BARBARA WOOD #5677. FOSTER REEVE and VALERIE H. KRAMER #5678. ROMANELLI REALTY/BURTS RELIABLE #5679. W. BRUCE and MARY ANN BOLLMAN #5680. ROBERTA ELWELL #5681. JOHN and JOY GALLAGHER #5682. JANET HEALY #5683. DAYSMAN and NANNIE P. MORRIS #5684. ROBERT K. SCRIPPS #5685. TIMOTHY STEELE #5618. J. PAPADOPOULES #5687. DAVID and BARBARA DASH #5672. Unlisted Action: MAURICE and PATRICIA SCANNELL #5688. (Accessory Use/B & B) II.PUBLIC HEARINGS - Please note: written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony is requested to be brief and limited to zoning issues properly before the Board. 9:30 AM BERNARD SPRINGSTEEL and MARCIA POLLAK #5674. Request for a Variance under Section 100-244, based on the Building Inspector’s January 4, 2005 Notice of Disapproval concerning an addition proposed at less than 40 feet from the front lot line, at 1620 Koke Drive, Southold; CTM 87- 5-19.3 . Page 2 – Agenda March 31, 2005 Regular Meeting Southold Town Board of Appeals II.PUBLIC HEARINGS - Please note: written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony is requested to be brief and limited to zoning issues properly before the Board. 9:35 AM GREGORY B. and BARBARA WOOD #5677. Request for a Variance under Section 100-244, based on the Building Department's January 10, 2005 Notice of Disapproval concerning an application for a building permit to build a new dwelling at less than 50 feet from the rear lot line, after demolish the existing building, at 840 Marlene Lane, Mattituck; CTM 143-2-20.1. 9:40 AM FOSTER REEVE and VALERIE H. KRAMER #5678. Request for Variances under Sections 100- 30A.3 and 100-244, based on the Building Department's December 22, 2004 Notice of Disapproval, amended February 3, 2005, concerning a building permit application for an as-built deck and proposed two-story addition to the dwelling, at less than 50 ft. from rear lot line, at 626 Front Street, Greenport; CTM 48-1-2. 9:45 AM ROMANELLI REALTY/BURTS RELIABLE #5679. Request for a Variance under Section 100- 142, based on the Building Department's December 15, 2004 Notice of Disapproval, concerning a building permit application for additions proposed at less than 20 feet on a single side yard, at 1515 Youngs Avenue, Southold; CTM 60-1-6. Zone District: Light Industrial. 9:50 AM 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 (demolish) and 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. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. 10:00 AM ROBERTA ELWELL #5681. Request for a Variance under Sections 100-30A.3 and 100-242A, based on the Building Department's December 10, 2004 Notice of Disapproval concerning a building permit application for additions with alterations, which new construction will increase the degree of nonconformance when located less than 50 feet from the front lot line, at 2020 Montauk Avenue, Fishers Island; CTM 20-9-1.2. 10:05 AM JOHN and JOY GALLAGHER #5682. Request for Variances under Sections 100-242A and 100-244, based on the Building Department's January 21, 2005 Notice of Disapproval concerning a building permit application to construct additions which will increase the degree of nonconformance when located (a) less than 10 feet on a single side, and (b) less than 25 feet for the combined side yards, at 730 Bayview Drive, East Marion; CTM 37-5-5. 10:10 AM JANET HEALY #5683. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's December 13, 2004 Notice of Disapproval, concerning a building permit application for a sunroom addition which will increase degree of nonconformance when located less than 50 feet from rear lot line, at 195 Matthews Lane, Cutchogue; CTM 84-1-15. Page 3 – Agenda March 31, 2005 Regular Meeting Southold Town Board of Appeals II.PUBLIC HEARINGS - Please note: written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony is requested to be brief and limited to zoning issues properly before the Board. 10:15 AM DAYSMAN and NANNIE P. MORRIS #5684. Request for a Lot Waiver under Section 100-26, to unmerge County Tax Map Ref. 1000-48-3-24 from the adjacent County Tax Map 1000-48-3-7.1. Based on the Building Department’s January 19, 2005 Notice of Disapproval, both lots are merged under Section 100-25. Location of Property: 245 Brown Street and 390 Linnet Street, Greenport. 10:25 AM ROBERT K. SCRIPPS #5685. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's December 13, 2004 Notice of Disapproval, concerning a building permit application for a dormer addition which has been deemed to be an increase in the degree of nonconformance at less than 15 ft. on a single side yard, at 2745 Pine Tree Road, Cutchogue; CTM 104-3-6. 10:35 AM TIMOTHY STEELE #5618. Request for Variances under Sections 100-31A(2)(c) and 100- 242A, based on the Building Department’s April 23, 2003 Notice of Disapproval, amended January 28, 2005, concerning a building permit application for: (a) an as-built accessory shed (building #3-storage container) partly located in a front and side yard rather than a rear yard, (b) an accessory shed (building #4-storage container) partly located in a side yard, (c) farm/barn (building #1) does not conform to the 75 ft. minimum principal building rear yard setback, (d) additions with alterations to a nonconforming accessory garage, for the reason that the garage (building #2) is not entirely in a rear yard, and is extended into a front yard. Location of Property: 13795 Oregon Road (right-of-way at north side of property), Cutchogue; CTM 83-2-10.16. 10:50 AM DONNA COOK #5638 (Carryover from 1/20/05 pending Wetlands determination or Letter of No .) Jurisdiction from the Board of Town Trustees Resolution to adjourn to May 4, 2005 at 10:50 AM. 11:00 AM F.W. KOEHLER and OSPREY DOMINION #5643. Resolution adjourning to June 2, 2005, subject to . (Carryover from receiving alternative plan (possible addition for consideration) by May 5, 2005 r 1/20/05. (Originalequest for Variances under Sections 100-31C and 100-33 based on the Building Department's March 19, 2004 Notice of Disapproval, amended November 17, 2004, concerning a proposed art gallery in a separate building as an accessory to the existing principal winery use, and with a location in a front yard instead of the code required rear yard for accessory buildings. The applicants propose to merge the vacant parcel with the winery parcel. Location: 44255 Main Road, Peconic; CTM 75-1-21.) 1:00 PM MARKO ANTICEV #5633 (Carryover from 2/3, 1/20, 12/16 for Planning Board review/letter for Request for a Variance under Section 100-32, based on amendment to existing subdivision or other reply). the Building Department’s August 25, 2004 Notice of Disapproval, amended November 4, 2004, for a proposed parcel with a land area of less than 80,000 sq. ft. in this R-80 Residential Zone District. Location of Property: 2005 Old North Road, Southold; CTM 54-3-part of 26.4 (also shown as part of Lot 2, Map of Lighthouse Associates/Minor Subdivision). Page 4 – Agenda March 31, 2005 Regular Meeting Southold Town Board of Appeals II.PUBLIC HEARINGS - Please note: written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony is requested to be brief and limited to zoning issues properly before the Board. 1:15 PM WILLIAM and JANICE CLAUDIO #5655 ( Carryover from 3/3/05 for Planning Board review/ letter). 1:25 PM J. PAPADOPOULES #5687. Request for a Variance under Section 100-244, based on the Building Inspector’s February 22, 2005 Notice of Disapproval concerning a building permit application for an addition at less than the code required 35 ft. rear yard setback, at 500 Miriam Road, Mattituck; CTM 99-2-9. 1:35 PM MAURICE and PATRICIA SCANNELL #5688. 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 three (3) guest bedrooms for lodging and serving of breakfast to not more than six (6) casual, B & B guests (transient roomers). Location: 5405 Rocky Point Road, East Marion; CTM 21-1-6. 1:45 PM DAVID and BARBARA DASH #5672. Request for Variances under Sections 100-242A and 100- 244, based on the Building Department’s September 24, 2004 Notice of Disapproval, amended December 23, 2004, concerning proposed additions/alterations which will increase the degree of nonconformance: (1) at less than 40 feet from the front property line and (2) at less than 35 feet for both side yards, at 595 North Parish Drive, Southold; CTM 71-1-6. (Applicant canceled Feb. hearing.) (End of hearings, meeting continues:) IV.OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution to authorize advertising of new hearings for 4/28/05. B. Special Meeting reminder: April 14, 2005 6 PM, Annex NFB Building. C. New business (t/b/d). V. DELIBERATIONS/POSSIBLE DECISIONS on the following applications: 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. Requests for: (1) Variances under Sections 100-162A(3) and 100-165B, based on the Building 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: (1) does not meet the code requirements with a proposed height at 125 feet, (2) is not permitted to be located within 300 feet of historic properties, CTM 18-5-15.1, 18- 5-11.1, and (3) is not permitted on a nonconforming lot size, or lot containing less than a minimum lot Page 5 – Agenda March 31, 2005 Regular Meeting Southold Town Board of Appeals area in a residential district of five (5) acres. (2) Special Exception under Section 100-162A(3) to construct telecommunications tower. PH concluded 1/20/05 (with letter confirming extension to 3/31): RICHARD and ELEANOR COFFEY #5645. (Additional information/amended plan submitted 3/10 to ZBA). 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 3/3 WILLIAM and PATRICIA MOORE #5636. Applicants request: (a) Special Exceptions under Section 100-71B (ref. 100-91B) for approval of Apartment 1 and future Apartment 2 within a 500 sq. ft. of office floor area, as an alternative, within the principal building (first floor), and (b) Variance under Section 100-33, based on the Building Department's October 8, 2004 Notice of Disapproval, amended January 14, 2004, for the location of the as-built accessory garage in a side yard after proposed expansion of the principal building. Location of Property: 51020 Main Road, Southold; CTM 70-2-8. Zone: Residential-Office. Others, tabled to Agenda of Special Meeting, April 14, 2005 Agenda for assignments/possible votes. VI. POSSIBLE EXECUTIVE SESSION (t/b/d; litigation).