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HomeMy WebLinkAboutZBA-07/27/2006 Agenda AGENDA REGULAR MEETING: JULY 27, 2006 9:30 A.M. Place of Meeting: Southold Town Hall, Court Room, 53095 Main Road, Southold. Call to Order by Chairwoman Ruth D. Oliva. I. STATE ENVIRONMENTAL QUALITY REVIEW: Resolution to determine Type II Actions (no further step required for dimensional variances, accessory special permits/Accessory Apartments, Bed and Breakfast Uses). II. DELIBERATIONS/POSSIBLE DECISION/RESOLUTION: (Written record complete 6/7/06, oral testimony concluded 4/27/06: NICHOLAS ALIANO #5846. Request for Variances: (1) under Section 280-239.4A(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 280-244, 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. (PH concluded 6/22/06): 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 280-239.4A. (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. Inspection is scheduled 8/9, 5/25): PH concluded FISHERS ISLAND WINDSWEPT PROPERTIES, LLC and ROSALYN DRISCOLL #5883. Request for a Special Exception under Section 280-31B, 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. Resolution to Withdraw Application, as per applicant’s request to consider other options: ALLAN and ELLEN WEXLER #5903. Request for a Variance under Section 280-33, 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. Page 2 – Agenda Meeting of: July 27, 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. JOSEPH GONZALES #5917. Request for a Variance under Section 280-242A (formerly 100-242A), based on the Building Inspector's May 8, 2006 Notice of Disapproval concerning a proposed addition and alterations, which will constitute an increase in the degree of nonconformance when located less than 35 feet from the front yard lot line (ref. ZBA Interpretation No. 5039 and Section 280-244, Zoning Code Bulk Schedule for lots containing less than 20,000 square feet in size). Location: 2700 Ole Jule Lane, Mattituck; CTM 122-4-14. 9:45 A.M. SCOTT and WENDY ALBRECHT #5923 - Request for a Variance under Section 280-33 (formerly 100-33), based on the Building Inspector’s May 17, 2006 Notice of Disapproval for a building permit for a new in-ground swimming pool in a yard other than the required rear yard, at 5665 Main Road, Laurel; CTM 125-1-15.1. 9:55 A.M. JOHN MAZUR, JR. and ALICE MAZUR #5909. Request for Variances under Sections 280-242A (referring to Interpretation under Walz Appeal No. 5039) and 280-244, based on the Building Inspector's April 3, 2006 Notice of Disapproval, amended May 18, 2006, stating that the new construction will increase the degree of nonconformance when located with a front yard setback less than 35 feet and a rear yard setback less than 35 feet, and with an new increase of lot coverage in excess of the code limitation of 20%, at 3200 Camp Mineola Road, Mattituck; CTM 123-5-36.2. 10:05 A.M. JENNIFER B. GOULD #5907. Request for Variances under Sections 280-242A (referring to Interpretation under Walz Appeal No. 5039) and 280-244, based on the Building Inspector's April 27, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling. The reasons stated in the Notice of Disapproval are that the new construction will constitute an increase in the degree of nonconformance when located less than 10 feet on a single side yard and less than 25 feet for the total combined side yards, at 1825 Truman’s Path, East Marion; CTM 31-13-3. 10:15 A.M. BARBARA THERMOS #5910. Request for a Variance under Section 280-32, based on the Building Inspector's May 18, 2006 Notice of Disapproval concerning a proposed dwelling with a number of stories above the code limitation of 2- 1/2 stories, at 355 Sound Beach Drive, Mattituck; CTM 99-1-19. 10:25 A.M. ROBERT and BETTY FOX #5911. Request for a Variance under Section 280-30A.3, based on the Building Inspector's May 1, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling with a setback less than 50 feet from the front yard lot line, at 940 Laurelwood Drive, Laurel; CTM 127-7-8. 10:35 A.M. PAMELA SMITH (a/k/a Pamela Katzer) #5913. Request for a Variance under Section 280-244, based on the Building Inspector's May 11, 2006 Notice of Disapproval concerning an as-built deck at less than 35 feet from the front yard lot line, at 550 Dolphin Drive, Greenport; CTM 56-7-10. 10:45 A.M. JOHN RABKEVICH #5916. Request for Variances under Section 280-242A (referring to Interpretation under Walz Appeal No. 5039) and 280-244, based on the Building Inspector's My 22, 2006 Notice of Disapproval, amended June 6, 2006 concerning an addition to the existing dwelling which will constitute an increase in the degree of nonconformance at less than 40 feet from the front yard lot line and for a swimming pool location in a yard other than the code-required rear yard, at 800 Cedar Drive (and Miller’s Road), Mattituck; CTM 106-10-23. Page 3 – Agenda Meeting of: July 27, 2006 Southold Town Zoning Board of Appeals 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): 10:55 A.M. ALFRED FRODELLA #5922. Request for a Variance under Sections 280-242A and 280-244, based on the Building Inspector's April 24, 2006 Notice of Disapproval concerning as-built additions/alterations to the existing dwelling and ZBA Interpretation #5039, for the reason that the new construction will constitute an increase in the degree of nonconformance when located less than 60 feet from the front lot line. Location: 40735 C.R. 48 (a/k/a North Road or Middle Road), Southold; CTM 59-7-29.2. 11:05 A.M. STEPHAN SEQUOIN #5766. Request for Variances under Section 280-242A (based on Interpretation under Walz Appeal No. 5039) and 280-244, based on the Building Inspector's June 13, 2005 Notice of Disapproval, amended June 16, 2006, concerning proposed additions and alterations to an existing dwelling. The reasons stated for disapproving the building permit application are that the new construction will constitute an increase in the degree of nonconformance when located less than 35 feet from the front yard lot line and less than 35 feet from the rear yard lot line, at 3500 Lighthouse Road, Southold; CTM 50-2-1. 11:15 A.M. STEPHEN MATTEINI and STENDA REALTY, LLC #5918. Request for a Variance under Section 280-32 (formerly 100-32), based on the Building Inspector's April 12, 2006 Notice of Disapproval concerning a proposed open, roofed- over front entry addition which will be less than the code-required 35 feet from the front yard lot line, at 1060 Willow Terrace Lane, Orient; CTM 26-2-22. 12:00 P.M. Resolution to Recess (reconvening at 1:00 P.M. ). 1:00 P.M. Resolution to reconvene. 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): 1:00 P.M. BOARD OF TOWN TRUSTEES, TOWN OF SOUTHOLD - ZBA #5914. Request for Town-Wide Interpretation of Zoning Code Section 280-241 (formerly 100-241) regarding the following question: Where a legal nonconforming, preexisting dock/marina use is issued a wetlands permit that requires docks to be relocated in the same general area and reduced both in size and number, would compliance with those conditions cause the docks/marina to lose their legal nonconforming status under Section 100-241? (End of hearing sessions) IV.RESOLUTIONS/UPDATED REVIEWS/OTHER: rdnd A. Special Meeting scheduled for August 3 at 6 PM, Executive Board Room, Annex Building, 2 Floor. B. Resolution to authorize advertising of new hearings for August 31st concerning complete applications. C. New business (t/b/d); also carryovers from above agenda items, if any. V. POSSIBLE EXECUTIVE SESSION (t/b/d, if any, regarding litigation).