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HomeMy WebLinkAboutZBA-06/08/2006 Agenda FINAL AGENDA SPECIAL MEETING THURSDAY, JUNE 8, 2006 – 6 P.M. nd Place of Meeting: Annex of NFB Building, 2 floor, 54375 Main Road at Youngs Avenue, 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/RESOLUTION (from last agenda) Possible Resolution to extend written portion of May 31, 2006 submissions (PH held 4/27/06) to accept written correspondence submitted to ZBA as of June 7, 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: 3705 Duck Pond Road, Cutchogue; CTM 83-1-12. : PH concluded April 27, 2006 for Possible Deliberations/Decision 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. PH concluded May 25, 2006 for Possible Deliberations/Decisions: 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. 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. (Alt. Plans 1, 2 and 3 submitted as requested at 5/25 meeting). Page 2 – Agenda Meeting of: June 8, 2006 Southold Town Zoning Board of Appeals PH concluded May 25, 2006 for Possible Deliberations/Decisions: 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. 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. 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. 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. THOMAS and MARY FITZPATRICK #5880. Request for Variances under Sections 100-242A (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. SOTIRIOS KASSAPIDIS #5888. Request for Variances under Sections 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. TH 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: 115 East Side Avenue, Mattituck; CTM 99-3-19. 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. JEANINE O’HAGEN-MURPHY #5890. Variances, based on the Building Inspector’s May 9, 2006 Notice of Disapproval, under: (a) Sec. 100-243 pertaining to nonconforming setback and nonconforming use of a cottage containing less than 850 square feet in size, and (b) Sec. 100-244 to raise and alter the existing nonconforming building, which will increase the degree of nonconformance in a location 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, Page 3 – Agenda Meeting of: June 8, 2006 Southold Town Zoning Board of Appeals Mattituck; CTM 106-9-1.1. PHs concluded 5/25, continued for Deliberations/Decisions: 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: 1410 Peconic Bay Boulevard, Mattituck; CTM 145-2-17.2 and 17.1. 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. 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. 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. 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: 4006 Old North Road, Southold; CTM 55-2-5.2 and 5.3. SHIELA R. KENNEDY, Contract Vendee (RAUCH PARTNERS LP, Owners) #5870. 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. IV.RESOLUTIONS/UPDATED REVIEWS/OTHER: nd June 22 9:30 A. Regular Meeting A.M. Town Hall, Meeting/Court Room. Agenda will include Hearings, possible Decisions/Resolutions, and pending application reviews, inspections, etc. B. New business: Possible discussion related to zoning code issues pending before committees or TB. C. Reviews pending; recent inspection follow-ups on applications for department updates/other reviews.