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Home My WebLink AboutZBA-08/31/2006 Agenda AGENDA 8/28; upd 8/30 REGULAR MEETING THURSDAY, AUGUST 31, 2006 9:30 A.M. Place of Meeting: Southold Town Hall (Court room), 53095 Main Road, Southold. Call to Order by Chairwoman Oliva. I. STATE ENVIRONMENTAL QUALITY REVIEW: Reviews pending Coordination: A. Lead Agency Coordination (t/b/d). B. Resolution to determine Type II Actions -no further step required for accessory uses by special permit, setback or lot line variances. II. POSSIBLE DELIBERATIONS/POSSIBLE DECISION/RESOLUTION: th Deliberations/Decision by September 6: 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: 3705 Duck Pond Road, Cutchogue; CTM 83-1-12. Deliberations/Decision PH held 7/27/06: 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? - please limit presentation to five minutes, with testimony relative to this property and relative III. PUBLIC HEARINGS to zoning information and Code Sections noted for each: 9:30 A.M. Carryover Hearing: STEPHAN SEGUOIN #5766. Request for Variances under Section 100-242A (based on Interpretation under Walz Appeal No. 5039) and 100-244, 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. Page 2 – Agenda Meeting of: August 17, 2006 Southold Town Zoning Board of Appeals please limit presentation to five minutes, with testimony relative to this property III. PUBLIC HEARINGS, continued: and relative to zoning information and Code Sections noted for each: 9:35 A.M. JUDLIA VIDULICH #5930 - The Applicant-Owner is requesting a Special Exception under Article III, Section 280-31B (formerly 100-31), sub-section 13 of the Zoning Code, to establish an AccessoryApartment within the existing applicant’s dwelling as the principal building, at 375 Goose Creek Lane, Southold; CTM 78-8-20. 9:40 A.M. MARY BUTZ #5920. Request for a Variance under Section 100-33 based on the Building Inspector's June 2, 2006 Notice of Disapproval, amended June 8, 2006 concerning a proposed pergola structure in a location at less than the code-required 40 feet from the front property line, at 2022 Hyatt Road, Southold; CTM 1000-50-1-21. 9:45 A.M. THOMAS CAVANAGH #5932. Request for a Variance under Section 280-239.4B (formerly 100-239.4), based on the Building Inspector's May 1, 2006 Notice of Disapproval concerning a proposed deck addition to the dwelling which will be less than the code-required 75 ft. minimum from the existing wood bulkhead, at 600 Little Peconic Bay Road, Cutchogue; CTM 111-14-13. 9:50 A.M. GREG and RITA TYLER #5936. Request for Variances under Sections 280-33 and 280-244 (formerly 100-33 and 100-244), based on the Building Inspector's May 23, 2006 Notice of Disapproval, amended August 1, 2006, concerning: (1) lot coverage in excess of the code maximum of 20% for new construction as proposed, (2) proposed porch at less than 35 feet from the front yard lot line, and (2) accessory garage proposed partially in a side yard rather than entirely in the required rear yard, at 300 Bayer Road, Mattituck; CTM 139-3-23. 9:55 A.M. LUKE SLACK #5935. Request for a Variance under Sections 280-242 and 280-244 (formerly 100-242 and 100-244), based on the Building Inspector's May 30, 2006 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling, which will create an increase in the degree of nonconformance when located less than the code-required minimum front yard setback of 40 feet, at 805 Harbor Lane, Cutchogue; CTM 97- 6-13. 10:00 A.M. PAUL MALONEY #5947. Request for a Variance under Section 280-33 (formerly 100-33), based on applicant’s prior Variance application with site diagram submitted under Appeal No. 5947, concerning a proposed garage at less than 40 feet from the front yard lot line (after removal of the existing nonconforming garage), at 1020 Goose Creek Lane, Southold; CTM 78-8-3. 10:05 A.M. FHV, LLC #5919. Request for a Variance related to Conditions under ZBA Appeal No. 3931 and initial Notice of Disapproval issued March 15, 1990 by the Building Inspector, stating that a second business requires 30,000 square feet of land area per use under Section 100-102 (re-numbered 280-102). The applicant currently wishes to construct an accessory building for inside storage, disapproved by the Building Inspector on January 27, 2006 for the reason that the proposed construction is in violation of a condition. Location of Property: 6619 Route 25, Laurel; CTM 125-1-19.7. Zone District: B General Business. 10:10 A.M. JAMES TOZAR #5937. Request for a Variance under Section 280-244 (formerly 100-244), based on the Building Inspector's May 15, 2006 Notice of Disapproval concerning a proposed addition at the rear of the dwelling with a setback less than the code-required 60 feet, at 7500 New Suffolk Avenue, Mattituck; CTM 115-17-17.26. Page 3 – Agenda Meeting of: August 17, 2006 Southold Town Zoning Board of Appeals III. 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: 10:25 A.M. PHILIP PALMERI #5625. Request for a Variance under Section 280-33 (formerly 100-33), based on the Building Inspector's May 8, 2006 Notice of Disapproval concerning an accessory swimming pool proposed in a yard other than the code-required rear yard, at 2165 Reydon Drive, Southold; CTM 80-2-24.1. 10:35 A.M. JIM and JANET D’ADDARIO #5928. Request for a Variance under Section 280-244 (formerly 100-244), based on the Building Inspector's March 6, 2006 Notice of Disapproval concerning additions/alterations which will be less than the code required 15 feet on one side and less than 35 feet for combined side yards, at 8960 Peconic Bay Boulevard, Laurel; CTM 126-5-6. 10:45 A.M. KARNICK GARIPIAN and HACI GARIPIAN #5931. Request for Variances under Sections 280-239.4 and 280-244 (formerly 100-239.4 and 100-244), based on the Building Inspector's May 4, 2006 Notice of Disapproval concerning construction of an enlarged new dwelling, after demolition of the existing dwelling. The new construction is proposed less than 100 feet from the top of the bluff or bank of the LI Sound, less than the code-required 15 feet on one side yard, and less than the code-required combined side yard total of 35 feet. Location of Property: 54715 C.R. 48 (a/k/a Middle Road or North Road), Southold; CTM 44-1-1. 10:55 A.M. JOHN SHACK JR. #5933. Location of Property: 1265 Shore Drive, Greenport; CTM 47-2-26.1. Requests for: (a) Variances under Sections 280-242A, 280-239.4B, and 280-244 (formerly 100-242A, and 100-239.4B, 100- 244), based on the Building Inspector's April 11, 2006 Notice of Disapproval, amended June 23, 2006 concerning a proposed additions, alterations to the existing single-family dwelling for the reason that the additions and alterations will constitute an increase in the degree of nonconformance when located less than the code-required 10 ft. minimum on a single side yard and less than 25 ft. total side yard minimum, and proposed less than the code-required 75 ft. minimum from the bulkhead, and (b) Special Exception under Section 280-31B (formerly 100-31B) to establish an Accessory Apartment within the existing applicant’s dwelling (the principal building). 11:05 A.M. LEONARD ROSENBAUM #5938. Request for Variances under Sections 280-242A and 280-244 (formerly 100-242A and 100-244), based on the Building Inspector's June 7, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which will constitute an increase in the degree of nonconformance (ref. ZBA Interpretation No. 5039 – Walz Property) with a front yard setback less than 40 feet and less than the code-required 75 ft. minimum from the existing bulkhead. Location of Property: 965 Osprey Nest Road, Greenport; CTM 35-6-24.1. 11:15 A.M. GEORGE and SANDRA ENGELKE #5895. Requests for Variances under Sections 100-33, 100-239.4, based on the Building Inspector's March 20, 2006 Notice of Disapproval, amended June 5, 2005, concerning substantial demolition of the existing dwelling and proposed new construction of an enlarged dwelling, new covered porch areas, proposed new swimming pool, proposed accessory building (referred to as ‘beach house’) proposed with the following nonconforming setbacks: (a) 68’8” from the new dwelling/covered porch to the existing wood bulkhead; (b) 47’6” from the new swimming pool structure to the existing wood bulkhead, (c) 1’3” to the side lot line and 27’6” to the bulkhead from the new accessory ‘beach house’ building, (d) new outdoor shower structure at zero setback Page 4 – Agenda Meeting of: August 17, 2006 Southold Town Zoning Board of Appeals III. 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: from the side lot line. The minimum setbacks required by code for new construction are: (1) 75 feet from the bulkhead , (2) 20 ft. minimum from the side lot line. Location: 5704 Indian Neck Lane, Peconic; CTM 98-5-14.3. End of hearings, meeting continues (see next page). IV.RESOLUTIONS/UPDATED REVIEWS/OTHER: nd A. Special Meeting to be held: September 14, 2006 at 6 PM, Town Hall Annex, NFB 2 Floor Conference Room. th B. Regular Meeting scheduled for September 28 at 9:30 AM, Town Hall, 53095 Main Road, Southold. C. New business (t/b/d via Chairwoman Oliva). D. Carryover from today’s earlier agenda items. V. POSSIBLE EXECUTIVE SESSION (t/b/d, if any, regarding litigation).