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Home My WebLink AboutZBA-12/28/2006 Agenda AGENDA REGULAR MEETING THURSDAY, DECEMBER 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. 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. JOAN D. and HAROLD J. KIEFER #5960. Request for a Variance under Section 280- 116, based on the Building Inspector's July 14, 2006 Notice of Disapproval concerning a proposed deck addition at less than the code-required 100 ft. minimum from top of bluff adjacent to the Long Island Sound, at 1115 Terry Lane, Orient; CTM Parcel 1000-14-3-3. 9:40 A.M.KEVIN and LESLEY MILOWSKI #5987. Request for a Variance under Section 280-14, based on the Building Inspector's September 15, 2006 Notice of Disapproval concerning a proposed addition to the existing single family dwelling at less than the code-required minimum 60 feet from the front yard lot line, at 1371 Cox Neck Road, Mattituck; CTM 113-7-19.8. 9:45 A.M. LEE AND MARIE BENINATI #5946. Request for a Variance under Section 280-124, based on the Building Inspector's June 30, 2006 Notice of Disapproval concerning a proposed addition and alterations to the existing single-family dwelling within 15 feet of the southerly side yard, at 855 Oakwood Drive, Southold; CTM Parcel # 90-4-17. 9:50 A.M. ALBERT AND BARBARA REIBLING #5988. Request for Variances under Sections 280-122 and 280-124, based on the Building Inspector's November 14, 2006 Notice of Disapproval concerning a proposed new dwelling, after recent demolition, for the reason that the new construction was not written under Building Permit No. 32123-Z or under Variance granted under ZBA #5775 concerning additions to the existing dwelling. The new construction will constitute an increase in the degree of nonconformance located at less than 35 feet from the rear property line and less than 75 feet to the bulkhead, at 75 Island View Drive, Greenport; CTM Parcel 1000-57-2-32. Page 2 – Agenda Zoning Board of Appeals Regular Meeting held December 28, 2006 III. PUBLIC HEARINGS, continued: (please limit presentation to five minutes, with testimony relative to this property and Zoning Code Sections noted for each): 10:05 A.M. MAGGI-MEG REED and MICHAEL SCHUBERT #5980. Request for a Variance under Sections 280-15 and 280-124, based on the Building Inspector's August 15, 2006 Notice of Disapproval concerning shed construction located at less than the 35 ft. minimum front yard setback allowed under Building Permit No. 31292-Z dated July 19, 2005 and ZBA #5708 issued June 9, 2005. Location of Property: 935 Private Rd #3, East Marion; CTM Parcel 1000-21-1-2. 10:15 A.M. MARYANN MEARS, et al. #5984. Request for a Variance under Section 280-14, based on the Building Inspector's August 11, 2006 Notice of Disapproval concerning a proposed deck addition at less than the code required minimum of 10 feet on a single side yard and 15 ft. minimum on the remaining side yard, at 1050 Dean Drive, Cutchogue; CTM Parcel 1000-116-5-12. 10:25 A.M. KATHLEEN BOWER #5981. Request for a Variance under Section 280-15, based on the Building Inspector's September 19, 2006 Notice of Disapproval concerning an as-built accessory shed located in a yard other than the code-required rear yard, at 12710 Soundview Avenue and corner of Horton’s Lane, Southold; CTM Parcel 1000-54-7-1.3. 10:35 A.M. NO FO PROPERTIES LLC, MARK GORDON, ELLIE GORDON #5983. Request for a Variance under Section 280-116, based on an application for a building permit and the Building Inspector's August 21, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at 1150 Northview Drive, Orient; CTM 1000-13-1-1. 10:40 A.M. MICHAEL LIEGEY #5979. Request for a Variance under Section 280-15, based on the Building Inspector's February 15, 2006 Notice of Disapproval, amended October 18, 2006 concerning a proposed accessory garage in an area other than the code-required rear yard, at 105 Town Creek Lane, Southold; Parcel 1000-64.-1-9.1. End of hearings, meeting continues (see below). III. POSSIBLE DELIBERATIONS/DECISIONS on the following applications: Hearing held 11/30: accept written information submitted 12/21/06 by Ed J. Boyd V, Esq. in reply to Board’s 11/30 PH request: 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 telecommunica- tion towers shall be surrounded by dense tree growth to screen views of the facility in all directions. . Location: 9245 Main Road, East Marion; CTM 31-3-11.31 containing 3.05 acres Page 3 – Agenda Zoning Board of Appeals Regular Meeting held December 28, 2006 III. POSSIBLE DELIBERATIONS/DECISIONS on the following applications, continued: Hearing concluded 11/30; Resolution to accept `12/12/06, 12/14/06 and 12/22/06 letters from Richard Lark, attorney for H. and C. Oman; receipt of December 13, 2006 letter from Thomas Isler, Director Planning, Suffolk County confirming the following application is not within the jurisdiction of the Suffolk County Planning Commission, and voiding the December 6, 2006 , concluding record for purpose of County Planning letter forwarded to ZBA in error commencing deliberations: 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: 1380 Bridge Lane, Cutchogue; CTM 85-2-5. Hearing concluded 11/30; Resolution to accept receipt of Affidavit of Additional Mailing concerning CTM 143-3-31 (formerly Vitale), receipt of objections from new owners (Collins); receipt of 12/26 letter to ZBA from William C. Goggins, Esq., concluding record for purpose of commencing deliberations: 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. IV.RESOLUTIONS/UPDATED REVIEWS/OTHER: , nd A. Special Meeting to be held: January 112007, 6 PM at Town Hall Annex, NFB 2 Floor Executive Board Room. (Agenda items to include Deliberations/Decision on complete files/carryovers from today’s hearings). B. Regular Meeting scheduled for January 25, 2007 at 9:30 AM, Town Hall, 53095 Main Road, Southold. C. Other: ZBA #5764 – Dr. N. Rallis front yard location of pool. Pool is located as per BP #32091Z 6/9/06, and ready for Certificate of Occupancy. Drywell location confirmed 12/15 as installed on landward side of pool. Referred to ZBA for acceptance of drywell installation. (Acceptance of pool by ZBA was not a requirement or condition of Building Permit.) V. ATTORNEY-CLIENT SESSION OR EXECUTIVE SESSION (via Chairwoman). Recent Court Decision in the Matter of Milot v. ZBA (Owner’s Petition denied, ZBA action confirmed).