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Home My WebLink AboutZBA-06/22/2006 Agenda AGENDA Upd. 6/21 REGULAR MEETING THURSDAY, JUNE 22, 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) : Continued Deliberations/Possible Decision (PH concluded April 27, 2006) 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. s Possible Deliberation(Written record complete 6/7/06; PH concluded 4/27/06: 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 fromthe front yard lot line. Location of Property: 3705 Duck Pond Road, Cutchogue; CTM 83-1-12. ): Possible Deliberations (PH concluded 5/25 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. Page 2 – Agenda upd. 6/21/06 Meeting of: June 22, 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 9:30 A.M. RICHARD PERRY #5886. Carryover/continuation of hearing from last calendar: 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. 9:45 A.M. SHEILA R. KENNEDY RAUCH PARTNERS LP, Owners) #5870 ( (PH #3 pending inspection updates). 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. 9:50 A.M. PHILIP MASCIA #5899. Request for a Variance under Section 100-244, based on the Building Inspector's February 13, 2006 Notice of Disapproval concerning a proposed addition at less than 35 feet from the front lot line and less than 10 feet on a single side yard, at 630 Lake Drive, Southold; CTM 80-4-25. 10:00 A.M. ARLENE and PETER MANOS #5893 Amendment complete as of 6/13 concerning request for an accessory pool added to the proposal, and new location and size of proposed dwelling, all less than 100 feet from the top of the bluff of the LI Sound required under Section 100-239.4A. (Demolition of buildings, now vacant land, different from that granted under Building Permit No. 31508-Z; ZBA Variance #5730). Location: 2000 Sound Drive, Greenport; CTM 33-1-18. 10:00 A.M. ALEXANDER SUTTON and TRACY SUTTON #5898. Request for a Variance under Section 100-244, based on the Building Inspector's April 4, 2006 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling and construction of a new garage, in excess of the 20% code limitation for lot coverage, at 325 Horton’s Lane, Southold; CTM 63-5-17. 10:10 A.M. CARL SCHULTHEIS, SR., Individually and as Trustee for CARL H. SCHULTHEIS, JR. #5878-A. Request for a Lot Waiver under Section 100-26 to unmerge a vacant land area of 21,892 square feet (CTM 1000- 118-3-5) from an adjacent land area of 40,898 square feet (CTM 118-3-9), based on the Building Inspector’s October 27, 2005 Notice of Disapproval pursuant to Section 100-25, determining the properties have been merged. Location of Property: 1305 Bayberry Road and Clearwater Lane, Cutchogue, containing 58,911 square feet as merged. Zone District: R-40 Residential. 10:20 A.M. MARIO and JOAN SHORTINO #5900. Request for a Variance under Section 100-244, based on the Building Inspector's April 17, 2006 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling, which new construction will exceed the code limitation of 20% lot coverage, at 450 Bay Road, Cutchogue; CTM 116-2-18. 10:40 A.M. CLEM CHARNEWS, Owner (Contract Vendees: Shannon Goldman and Deborah McKeand) #5887. Location of Property: 8605 Soundview Avenue, Southold. Based on an application submitted to the Building Inspector and his March 31, 2006 Notice of Disapproval which states that the properties, located in an R-40 Zone District, are merged (97,088 square feet combined area) pursuant to Section 100-25 and the proposed dwelling does not meet the code required minimum of 40 feet from the front lot line. The applicants request: (1) a Lot Waiver to Unmerge under Section 100-26 concerning properties consisting of 23,277 square feet for CTM 59-6-27.2 and 73,811 square feet for CTM 59-6-27.3; and (2) if a Waiver is granted to unmerge the properties, then a setback variance is requested under Section 100-244 to locate a proposed new dwelling at less than 40 feet from the front lot line, after removal of the existing structure. Page 3 – Agenda upd. 6/21/06 Meeting of: June 22, 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): 10:55 A.M. STEPHEN and JOAN LATHAM #5904. Request for a Variance under Sections 100-242A (referring to ZBA File 5039 Walz Interpretation dated 1/24/2002), and 100-244, based on the Building Inspector's May 12, 2006 amended Notice of Disapproval concerning a proposed addition with alterations to the existing dwelling, which location constitutes an increase in the degree of nonconformance when located less than 35 feet from the rear property line, at 60 Rogers Road, Southold; CTM 66-2-19.1. 11:05 A.M. LEONARDO PAROLI #5901. Request for a Variance under Section 100-31A(1), based on the Building Inspector's March 27, 2006 Notice of Disapproval concerning an as-built accessory building (pool house accessory use). The reason stated for disapproval is that the as-built construction constitutes a second dwelling use. The original building permit was issued November 15, 2004 for an unheated accessory storage structure (BP #30770), and the applicant requests an amendment to include heat and other modifications for plumbing and related. Location of Property: 525 Orchard Street, Orient; CTM 25-2-20.11. 11:20 A.M. ROBERT and JACKIE SULLIVAN #5902. Request for a Variance under Section 100-242A (referring to ZBA Interpretation No. 5039 dated 1/24/02) and 100-244, based on the Building Inspector's April 24, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which constitutes an increase in the degree of nonconformance when located less than 15 feet from a single side yard and less than 35 feet for both side yards combined, at 2715 Nassau Point Road, Cutchogue; CTM 104-13-8. 11:35 A.M. ALLAN and ELLEN WEXLER #5903. Request for a Variance under Section 100-33, based on the Building Inspector's April 19, 2006 Notice of Disapproval concerning a proposed conversion of an existing unheated seasonal cottage to an accessory building, to remain in its present location, and to construct a new dwelling which places accessory buildings in yards other than the code required rear yard, at 10900 North Bayview Road, Southold; CTM 79-8-18.1. 11:45 A.M. JAMES FITZGERALD #5905. Request for a Variance under Section 100-231, based on the Building Inspector's February 3, 2006 Notice of Disapproval, updated April 24, 2006, concerning fence in a front yard at a height exceeding the code-limitation of six feet, at 50 Oak Drive and Haywaters Drive, Cutchogue; CTM 104-5-25. 11:50 A.M. RALPH and CARMELA CONSTANTINO #5908. Request for a Variance under Section 100-33, based on the Building Inspector's May 9, 2006 Notice of Disapproval concerning a proposed swimming pool in a yard other than the code-required rear yard, at 2105 Browns Hill Road, North View Drive and South View Drive, Orient; CTM 13-1-8. (End of hearings, public meeting continues) IV.RESOLUTIONS/UPDATED REVIEWS/OTHER: nd th June 29 A. Special Meeting 6 P.M. Town Hall Annex (NFB Building), 2 floor Executive Board Room. Agenda will include possible Decisions/Resolutions, pending reviews of hearing documentation, and related. B. Resolution to authorize advertising of new hearings for 7/27 Meeting concerning complete applications. C. New business: Possible discussion related to applications pending LWRP updates and zoning code issues pending before committees or TB. D. Reviews pending; recent inspection follow-ups on new applications for department updates/other reviews. E.