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Home My WebLink AboutZBA-11/30/2006 Agenda AGENDA SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 30, 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. lease limit presentation to five minutes, with testimony relative to this property II. PUBLIC HEARINGS - P and Zoning Code Sections noted for each: 9:35 A.M. FRANK MELE III #5976. Request for a Variance under Section 280-15, based on the Building Inspector's September 6, 2006 Notice of Disapproval concerning a proposed accessory swimming pool in a yard other than the code-required rear yard, at 305 Gardiners Lane, Southold; CTM 70-8-28. 9:40 A.M. JOHN and ANGELA REINERTSEN #5973. Request for Variances under Sections 280-15 and 280-18 (100-30A.3 and 100-33 based on the Building Inspector's August 4, 2006 Notice of Disapproval concerning a proposed new dwelling, accessory swimming pool, and accessory (cabana) building. The dwelling will be less than 50 feet from the front lot line and rear lot line, and the swimming pool and accessory building will be in a side yard rather than the code-required rear yard. Location of Property: 590 Arrowhead Lane, Peconic; CTM 98-2-4.1. 9:45 A.M. BERIT LALLI #5978. Request for a Variance under Section 280-124 (100-244 based on the Building Inspector's May 15, 2006 Notice of Disapproval) concerning a proposed addition to the existing dwelling at less than the code-required 35 feet from the front lot line, at 1405 Narrow River Road, Orient; CTM 27-3-6.3. 9:50 A.M. MARK MELNICK #5977. Request for Variances under Sections 280-124 and 280-116 (100- 239.4B, based on the Building Inspector's August 25, 2006 Notice of Disapproval, amended November 9, 2006 concerning an addition and alterations for a second-story over the existing first floor of the existing dwelling and addition at less than the code-required 35 ft. front yard, at 405 Private Road #3, Southold; CTM 70-6-15. 9:55 A.M. MICHAEL FLYNN #5975. Request for a Variance under Section 280-124 (100-244 based on the Building Inspector's May 24, 2006 Notice of Disapproval) concerning a proposed addition to the Page 2 of 4 – Agenda Regular Meeting – November 30, 2006 Southold Town Zoning Board of Appeals existing dwelling at less than the code-required 15 feet, at 7800 Soundview Avenue, Southold; CTM 59- 9-32. III. PUBLIC HEARINGS, continued: (please limit presentation to five minutes, with testimony relative to this property and Zoning Code Sections noted for each): 10:00 A.M. HENRY OMAN and CHRISTINA J. OMAN #5970. Request for Variances under Section 280- 14 (100-32), based on the Building Inspector's July 25, 2006 Notice of Disapproval concerning proposed Lots 1 and 2 with less than the code required 80,000 square feet, less than 175 ft. of frontage/lot width along Bridge Lane, and with a proposed side yard setback at less than the code- required 20 feet from the division line. The applicant’s parcel as exists contains 1.637 acres and is located in the R-80 Residential Zone District. Location of Property: 1380 Bridge Lane, Cutchogue; CTM 85-2-5. Richard F. Lark, Esq. 10:15 A.M. SERGE AND SUSAN ROZENBAUM; M. NIAMONITAKIS and E. NIAMONITAKIS #5691. Request for Variances under Sections 280-4 and 280-14 (Sections 100-13 and 100-32), based on the applicant’s request to construct and operate a farm stand with design as a building for sales of farm produce and which is deemed as not meeting the definition of a farm stand, based on the Building Inspector's amended November 3, 2006 Notice of Disapproval. The reasons stated in the Notice of Disapproval are: “the proposed construction on an 18.75 acre farm parcel with three front yards in the AC Zone, is not permitted pursuant to Section 100-32 (renumbered 280-14), which states: “No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R80 … Districts unless the same conforms to the Bulk and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein in full. According to the bulk schedule, the proposed construction requires a front yard setback of 60 feet, and is not permitted pursuant to Section 100-13, which defines as: a farm stand ‘any structure open to the weather on at least one side, used for the sole purpose of retail sale of produce grown by the owner of the stand on the farm acreage within the Town of Southold; and such structure may be one-story or less, roofed or have partial walls and flooring but may not be completely enclosed except when the business is closed. A farm stand may not be insulated or mechanically heated or cooled by permanent equipment. A truck bed or trailer on wheels, with areas in excess of 20 square feet 7540 Main Road (and displaying produce, shall be considered a farm stand.” Location of Property: Cedar Lane), East Marion; CTM 31-6-28.5 and 28.6 . A. Wickham, Esq. 10:25 A.M. FITF, LLC #5617. Request for Variances under Section 280-18 (Bulk Schedule) for a lot proposed with less than 40,000 square feet of land area in the R-40 Low-Density Residential Zone District (formerly M-II), and a lot under contract of sale with the Town of Southold, proposed with an area of less than 80,000 square feet in the R-80 Residential Zone, located along the west side of Reservoir Road, Fishers Island; Suffolk County CTM Parcel 1000-9-8-2. P. Moore, Esq. 10:35 A.M. ZAHARIA PAPAZAHARIOU & OTHERS #5974. Request for a Variance under Section 280- 15, based on the Building Inspector's August 24, 2006 Notice of Disapproval concerning an accessory swimming pool proposed in a yard other than the code-required rear yard, at 2905 Private Road #1, East Marion; CTM 22-3-8.1. C. Mesiano, Inc. 10:40 A.M. ROBERT SEELEY #5912. Request for a Variance under Section 280-116 (100-239.4A based on the Building Inspector's April 12, 2006 Notice of Disapproval concerning a proposed accessory swimming pool structure proposed at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at 1250 Sound Drive, Greenport; Rockcove Estates Lot 4; CTM 33-3-19.4. C. Mesiano, Agent. Page 3 of 4 – Agenda Regular Meeting – November 30, 2006 Southold Town Zoning Board of Appeals III. PUBLIC HEARINGS, continued: (please limit presentation to five minutes, with testimony relative to this property and Zoning Code Sections noted for each): 10:50 A.M. MICHAEL and ROBIN DREWS #5929. Request for Variances under Sections 280-116 and 280-124 (100-239.4B and 100-244 based on the Building Inspector's May 31, 2006 Notice of Disapproval) concerning a proposed new single-family dwelling, after demolition of the existing building, with setbacks proposed at less than 75 feet to the bulkhead and less than the code-required 15 feet on a single side yard at 7425 Nassau Point Road, Cutchogue; CTM 118-4-2. P. Moore, Esq. 11:00 A.M. ROY C. and ROBERT SCHOENHAAR #5764. Request for a Variance under Section 280-18 (formerly 100-30A.3) bulk schedule, based on the Building Inspector's May 17, 2005 Notice of Disapproval, amended October 4, 2006 for a lot which contains less than 40,000 square feet and less than 175 feet of lot width in the R-40 Residential Zone District, and a proposed building in the B- General Business Zone District with a front yard setback at less than 100 feet from a right-of-way. Location: 10300 Main Road, Mattituck; CTM 143-3-33.2, containing 2.586 acres. W. Goggins, Esq. 11:15 A.M. EDWARD FERGUS #5941. Request for a Variance under Section 280-18 based (100-30A.3 on the Building Inspector's May 31, 2006 Notice of Disapproval) concerning a proposed single-family dwelling with a setback at less than the code-required 50 feet from the rear lot line at its closest point, at 1854 North Bayview Road, Southold; CTM 70-12-39.3. Suffolk Environmental Consulting, Inc. 11:30 A.M. JAY W. GUILD #5866 (Rehearing) - Request for a Variance under Section 280-18, formerly 100-31A-2c, based on the Building Inspector’s August 30, 2005 Notice of Disapproval, amended March 1, 2006 concerning commercial agricultural greenhouses proposed in a location at less than 75 feet from the rear lot line, less than 20 feet on a single side yard, and exceeding the code limitation of 20 percent lot coverage on this 6-acre parcel, at 34695 C.R. 48 (a/k/a Middle Road or North Road), Peconic; CTM 68-4-19. (Updated site survey map submitted 11/27) 11:45 A.M. EAST MARION FIRE DISTRICT #5972. Request for a Variance under Section 280-69 (100- 162A3, A5) based on the Building Inspector's July 25, 2006 Notice of Disapproval for construction of a proposed wireless communication/telecommunications tower on property owned, leased or otherwise controlled by a special district approved by the commissioners of the special district. The proposed tower will exceed the code limitation – with a height greater than 10 feet above the average height of buildings within 300 feet of the facility, OR if there are no buildings within 300 feet, these facilities shall not project higher than 10 feet above the average tree canopy height in that radius measured from ground level. If there are no buildings within 300 feet of the proposed facility site, all telecommunication towers shall be surrounded by dense tree growth to screen views of the facility in all directions. Location of Property: 9245 Main Road, East Marion; CTM 31-3-11.31 containing 3.05 acres . E. Boyd V, Esq. End of hearings, meeting continues (see below). III. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Possible Deliberations/Decisions (hearings concluded 10/26): MICHAEL and SUSAN JEFFRIES #5924. Based on the Building Inspector’s March 7, 2006 Notice of Disapproval, amended April 12, 2006 under Sections 100-239.4 and 100-32, Variances are requested for construction of a new dwelling (after demolition of the existing building), in a location less than 100 feet from the top of the bluff and at a height exceeding the code limitation of two and one-half Page 4 of 4 – Agenda Regular Meeting – November 30, 2006 Southold Town Zoning Board of Appeals . ( stories, at East End Road (vicinity of Mudd Pond and Money Pond), Fishers Island; CTM 1-2-11 11/17 Response from applicant’s engineer company received as per discussions at 10/26 PH) IV.RESOLUTIONS/UPDATED REVIEWS/OTHER: nd A. Special Meeting to be held: December 14, 2006 at 6 PM, Town Hall Annex, NFB 2 Floor Conference Room. Deliberations/Decision on carryovers. (Other update for next agenda: J. Bajada complete submission received 11/28 with amended Notice of Disapproval regarding request for foundation only). B. Regular Meeting scheduled for December 28, 2006 at 9:30 AM, Town Hall, 53095 Main Road, Southold. C. New business: continued reviews of new submissions. D. Other: continued from today’s earlier agenda items for discussion (t/b/d). V. POSSIBLE ATTORNEY-CLIENT SESSION OR EXECUTIVE SESSION (t/b/d via Chairwoman).