HomeMy WebLinkAboutZBA-09/28/2006 LN
LEGAL NOTICE
PUBLIC HEARINGS
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, SEPTEMBER 28, 2006
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Zoning Code Chapter
100 (renumbered chapter 280), Code of the Town of Southold, the following public hearings will be
held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O.
Box 1179, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 28, 2006:
9:30 A.M. HOWARD S. and VALERIE MICHELSEN #5957. Request for a Variance under
Sections 100-242A (ZBA Interpretation No. 5039 in the Walz Application) and 100-244, based on
the Building Inspector's August 1, 2006 Notice of Disapproval concerning a proposed addition
and alterations to the existing dwelling which will increase the degree of nonconformance
when located less than 35 feet from the front lot line, at 860 Rabbit Lane, East Marion; CTM 31-
18-18.
9:35 A.M. EDMUND J. and MARGUERITE GIORDANO #5950. Request for a Variance under
Section 100-244, based on the Building Inspector's August 4, 2006 Notice of Disapproval
concerning a proposed addition and alterations to the existing dwelling with a front yard
setback at less than 40 feet, at 60 Case Road (and Bay Road), Cutchogue; CTM 116-2-16.1.
9:40 A.M. FRANK ORITO #5954. Request for a Variance under Section 100-244, based on the
Building Inspector's June 9, 2006 Notice of Disapproval concerning a proposed addition to the
existing dwelling which will be less than 50 feet from the rear lot line, at 2420 Stars Road, East
Marion; CTM 22-2-18.
9:45 A.M. MICHAEL and KATHRYN RUSSO #5955. Request for Variances under Sections 100-
244 and 100-33, based on the Building Inspector's August 1, 2006 Notice of Disapproval
concerning proposed additions and alterations to the existing dwelling, and relocation of an
existing hot tub and shed structures. The front yard setback will be less than 35 feet, and the
accessory structures will be relocated to a side yard, rather than in the required rear yard, at
775 Oakwood Drive, Southold; CTM 90-4-22.
9:50 A.M. PECONIC BAY MATERIALS #5940. Request for a Special Exception under Zoning
Code Section 100-81B(2) to convert the existing use from a landscape contractor’s yard
approved under ZBA No. 5365, to a contractor’s business and yard, at 260 Cox Neck Road,
Mattituck; CTM 113-14-10. Zone District: LB Limited Business.
10:00 A.M. MARY McCABE #5799. Request for a Variance under Section 100-33, based on the
Building Inspector’s August 17, 2006 Notice of Disapproval concerning a proposed swimming
pool in a yard other than the required rear yard, at 250 Anglers Road (and unimproved right-of-
way known as Meadow Lane), Greenport; CTM 36-2-20.1.
10:05 A.M. CUTCHOGUE-NEW SUFFOLK FREE LIBRARY #5945. Request for a Variance under
Sections 100-242A (based on ZBA Interpretation No. 5039 in the Walz Application) and 100-244,
based on the Building Inspector's July 14, 2006 Notice of Disapproval concerning a proposed
addition and alterations to an existing library building for the reason that there will be an
increase in the degree of nonconformance when located at less than 40 feet from the rear lot
line, at 27550 Main Road, Cutchogue; CTM 109-6-2.
Page 2 – Legal Notice
September 28, 2006 Public Hearings
Southold Town Zoning Board of Appeals
10:10 A.M. DAVID SCIACCHITANO #5953. Request for a Variance under Section 100-33, based
on the Building Inspector's July 21, 2006 Notice of Disapproval concerning a proposed
swimming pool in a side yard and with a setback at less than 20 feet from any lot line, at 755
Harbor Lane, Cutchogue; CTM 97-6-8.
10:15 A.M. THOMAS E. and HELEN K. FOX #5952. Request for a Variance under Section 100-
244, based on the Building Inspector's June 5, 2006 Notice of Disapproval concerning a
proposed deck addition at less than 35 feet from the front lot line, at 365 Freeman Road,
Mattituck; CTM 139-3-38.
10:30 A.M. HOUSE OF DAIGE #5926. This is an Appeal: (1) requesting a determination that
will recognize a 6,000 square foot lot for the purpose of adding a single-family dwelling, instead
of its present zoning restrictions applied for (by a prior owner) and granted September 29, 1969
under Appeal No. 1290. The application dated 1969 requesting a split of the property, allowing
the 6,000 square foot portion to be used as a garage, as an accessory to their home across the
street, and with the remaining portion of the land (adjacent dwelling now or formerly of
Hoffman - CTM Parcel 52-3-14.1.), and (2) requesting a single side yard setback at less than the
code-required 20 ft. minimum for a new dwelling. Location of Property: 1195 Ruch Lane,
Greenport; CTM 52-3-13.
10:35 A.M. DAVID G. HOFFMAN #5927. Request for a Variance under Section 100-33, based on
the Building Inspector's June 7, 2006 amended Notice of Disapproval concerning a proposed
accessory garage in a front yard instead of the code-required rear yard, at 1275 Ruch Lane,
Greenport; CTM 52-3-14.1.
10:45 A.M. GLENN and KRISTAN BURLINGAME #5942. Request for Variances under Sections
100-242A and 100-244, based on the Building Inspector's July 3, 2006 Notice of Disapproval
concerning additions to the existing single-family dwelling which will increase the degree of
nonconformance (interpreted under ZBA No. 5039 in the Walz Application), when the new
construction is located less than 40 feet from the front lot line. In addition, the as-built deck is
less than 40 feet from the front lot line. Location of Property: 2395 West Creek Avenue,
Cutchogue; CTM 110-2-8.
10:55 A.M. PECONIC LANDING, INC. #5949. Request for a Special Exception under ZONING
Code Section 280-22B(4) for approval of conversion of the existing building, in part for
apartment, offices and space for public events, at Brecknock Hall, 1500 Brecknock Road,
Greenport; CTM 35-1-25. A Notice of Disapproval was issued March 9, 2006 by the Building
Inspector indicating a Special Exception approval is required from the Zoning Board of
Appeals, and site plan approval required from the Planning Board under Section 100-31B(16).
11:00 A.M. (Reserved for PH carried from last hearing calendar): K. GARIPIAN #5931
11:05 A.M. MARGARET TRAVIS RADACINSKI #5943. Request for a Variance under Section
100-231, based on the Building Inspector's July 10, 2006 Notice of Disapproval concerning a
proposed fence which will exceed the maximum height limitation of four feet along a front yard,
at 69435 C.R. 48, Greenport; CTM 35-1-8.
1:00 P.M. ANDREW ANSELMO and VERA ANSELMO #5921. Request for Variances under
Sections 100-31 and 100-33, based on the Building Inspector's June 6, 2006 amended Notice of
Disapproval concerning applicant’s submission of a request for a building permit to re-build an
existing accessory non-habitable barn: (a) for the owner’s private accessory music workshop
with bathroom and related music and game room activities, and not as a dwelling; (b) for a
Page 3 – Legal Notice
September 28, 2006 Public Hearings
Southold Town Zoning Board of Appeals
height exceeding the code limitation of 18 feet, and with a setback at less than 10 feet the
property line. Location of Property: 31605 C.R. 48, Southold; CTM 74-1-23.
1:15 P.M. (Reserved for PH carried from last hearing calendar): J. SHACK #5933.
1:30 P.M. KENNETH GLASS and LAURIE RAFKIN #5951. Request for a Variance under Section
100-244, based on the Building Inspector's July 31, 2006 Amended Notice of Disapproval
concerning a proposed deck addition with hot-tub, which will exceed the maximum permitted
lot coverage limitation of 20%, at 1710 Minnehaha Boulevard, Southold; CTM 87-3-52.
1:40 P.M. JOE BAJADA and LORRAINE BAJADA #5944. Request for either Plan A or Plan B.
Variances are requested under Sections 100-31A and 100-244, based on the Building
Inspector's May 9, 2006 Notice of Disapproval concerning the proposed demolition of the
existing nonconforming building and to construct a new nonconforming (second) dwelling.
The reasons stated in the disapproval are that under Zoning Code Section 100-31A, only one
dwelling is permitted on each lot, and Section 100-244 requires a minimum single side yard at
15 feet. Location of Property: 7972 Peconic Bay Boulevard, Laurel; CTM 126-11-16.
1:50 P.M. JOHN DILLER #5884. Request for Variances under Sections 100-239.4B and 100-244,
based on the Building Inspector’s February 8, 2006 Notice of Disapproval stating that the
proposed new dwelling construction is not permitted when a single side yard is less than 15
feet, total side yards are less than 35 feet, and setback is less than 75 feet to the bulkhead.
Location of Property: 60 Great Peconic Bay Boulevard, Laurel; CTM 145-2-1.2.
2:00 P.M. 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.
2:10 P.M. GREG and DEBORAH DICKERSON #5961. Request for a Variance under Section
100-244, based on the Building Inspector's August 22, 2006 Amended Notice of Disapproval
concerning, a proposed garage addition and second-floor addition with a setback at less than
the code-required minimum of 10 feet on one side and 15 feet on the other side, resulting in a
required combined side yard total at 25 feet, and proposed porch addition at less than 35 feet
from the front lot line and swimming pool, which calculated to a lot coverage in excess of the
code maximum of 20% for all construction areas. Location of Property: 780 Marlene Lane,
Mattituck; CTM 143-2-21.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each
hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each
hearing will not start earlier than designated above. Files are available for review during regular
business hours and to the day of the hearing. If you have questions, please do not hesitate to
prior
contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us.
Dated: September 6, 2006. ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski