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Home My WebLink AboutZBA-09/28/2006 Agenda AGENDA REGULAR MEETING THURSDAY, SEPTEMBER 28, 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 REVIEWS: Type II Actions -no further steps required for accessory use by special permit, or for setback or lot line variances. II. PUBLIC HEARINGS - P lease limit your presentation to five minutes and testimony relative to this property and to Code Sections noted: 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. Page 2 – Agenda September 28, 2006 Regular Meeting Southold Town Zoning Board of Appeals 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. 10:10 A.M. DAVID SCIACCHITANO #5953. RESOLUTION confirming this application WITHDRAWN, based on a letter received from applicant’s agent. 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) based on the Building Inspector’s May 30, 2006 Notice of Disapproval, requesting a proposed dwelling, after removal of the existing garage, at less than the code-required 25 ft. minimum side yard setback. 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; 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. KARNICK GARIPIAN and HACI GARIPIAN #5931. (Carryover from 8/31). RESOLUTION to grant applicant’s request for adjournment to October 26, 2006 per letter from applicant’s attorney Requested are Variances under Sections 280- (await submission of alternative diagrams and maps): Page 3 – Agenda September 28, 2006 Regular Meeting Southold Town Zoning Board of Appeals 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: 54715 C.R. 48 (a/k/a Middle Road or North Road), Southold; 44-1-1. 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 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. (PH carryover from 8/31; amended plan removing Accessory Apartment and adding alternative relief received 9/22): 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). 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 Page 4 – Agenda September 28, 2006 Regular Meeting Southold Town Zoning Board of Appeals 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 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. End of hearings, meeting continues (see below). III.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 October 26 at 9:30 AM, Town Hall, 53095 Main Road, Southold. C. New business (t/b/d via Chairwoman Oliva). D. Other continued business items; continued from today’s earlier agenda items for discussion regarding pending, continued reviews for inspection updates, possible deliberations, etc. IV. POSSIBLE ATTORNEY-CLIENT SESSION, OR EXECUTIVE SESSION (t/b/d via Chairwoman). Vc t544