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HomeMy WebLinkAboutZBA-01/25/2007 Agenda ZBA AGENDA 1/8; upd 1/12 REGULAR MEETING THURSDAY, JANUARY 25, 2007 - 9:30 A.M. Place of Meeting: Southold Town Hall (Court Room), 53095 Main Road, Southold. Call to Order by Chairman James Dinizio. 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: Continued Hearings: 9:35 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. 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. 9:50 A.M. ROBERT and SUSAN SOMERVILLE #5993. Request for a Variance under Section 280-124, based on the Building Inspector's November 15, 2006 Notice of Disapproval, amended January 3, 2007, concerning proposed additions and alterations to the existing single-family dwelling with a front yard setback of less than the code-required 35 feet, at 595 Oakland Court and Shady Lane, Southold; CTM 90-4-7. 10:00 A.M. FIDCO #5990. Request for a Special Exception, based upon Code Sections 280-48, B6 and B8, concerning a proposed conversion of the existing building to recreation commercial facility and (nonprofit) meeting hall, in this B-General Business Zone District. Location of Property: Fox Lane Building #98 and Greenwood Road, Fishers Island; CTM 12-1-5.1. 10:15 A.M. SANDY GROUND LLC and S. PERRY #5992. Request for a Variance under Section 280-18 to reduce a lot to less than 40,000 square feet in this R-40 Zone, based on the applicant’s submission of an application to the Southold Town Planning Board under the Subdivision Code (Chapter 240) for a lot line change. The proposed lot line change will Page 2 – Agenda Regular Meeting - January 25, 2007 Southold Town Zoning Board of Appeals increase the improved lot (Parcel 1) located in the Hamlet Business Zone District from 10,498 square feet to 29,088 square feet (plus 3,228 square feet of area of flag and right-of-way to Parcel 2), and will reduce the residential (Parcel 2) from 49,967 square feet to 24,891 square feet (plus 3,258 square feet for right-of-way and 3,228 square feet flagged area, also within the boundary of the parcels). Location of Property: 57190 Main Road (S.R. 25) and private right-of- way extending 244.19 feet from the east side of Town Harbor Lane, Southold; CTM 63-4-3 and 5.1. 10:20 A.M. ARTHUR AIELLO #5995. Request for a Variance under Section 280-122 (100-244), based on the Building Inspector's June 16, 2006 Notice of Disapproval concerning a proposed 16’ by 20’ accessory garage which increases the lot coverage over the code limitation, at 615 Marlene Lane, Mattituck; CTM 143-3-26. 10:30 A.M. RUSSELL and FLORENCE PELLICANO #5991. Request for a Special Exception under Section 100-31B of the Southold Town Zoning Code. The Applicants-owners request a Bed and Breakfast use, incidental to the owner’s occupancy in this single-family dwelling, for lodging and serving of breakfast to transient roomers, as an accessory use. Location of Property: 9680 North Bayview Road, Southold; CTM 79-8-13.1. 10:40 A.M. PHILLIP and LINDA KERMANSHAHCHI #5986. Request for a Variance under Section 290-14, based on the Building Inspector's October 20, 2006 Notice of Disapproval concerning an as-built addition to the single-family dwelling with a setback at less than the code-required 60 feet from the front lot line, at 7213 Peconic Bay Boulevard, Laurel; CTM 126-10-1.2. 10:50 A.M. HENRY RUGGIERO #5982. Request for a Variance under Section 280-122, based on the Building Inspector's October 26, 2006 Notice of Disapproval concerning alterations and/or reconstruction of an existing sunroom, which will increase the degree of nonconformance when located less than 15 feet on a single side yard (ZBA Interpretation No. 5039 in the Walz application). Location of Property: 425 Calves Neck Road, Southold; CTM 63-7-29.1. 11:05 A.M. W. BRUCE and MARY ANN BOLLMAN #5680. Hearing reopened for purposes of receiving documentation and testimony relative to LWRP Code Chapter 268 (Local Waterfront Revitalization Law). This is an application concerning a request for Variances under Section 100-244, based on the Building Department's February 3, 2005 Notice of Disapproval, concerning an application for a building permit to substantially remove or demolish existing dwelling, and to construct a new single-family dwelling: (1) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent, and (4) at less than 75 feet from the bulkhead. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. 1:00 P.M. WILLIAM E. LEHMANN and ALICE LEHMANN #5989. Request for a Variance under Section 280-13A (100-31A), based on the Building Inspector's July 28, 2006 Notice of Disapproval which states that the proposed garage is not a permitted use on this vacant property located at 725 Rabbit Lane, East Marion; CTM 31-17-17. 1:10 P.M. JOSEPH E. GULMI and SUSAN BRAVER #5994. Resolution to receive testimony to be offered at this time, and RESOLUTION to grant applicants’ request for adjournment, to . This is February 22, 2007 at 11:00 A.M., with required mailings and sign posting by applicant an application requesting Variances under Sections 280-13 (formerly 100-33) and 280-105, based on the Building Inspector's December 11, 2006 Notice of Disapproval concerning an as- built swimming pool in a location other than the code-required rear yard and fence height exceeding the code height limitation of four feet, at 250 Pine Tree Court, Cutchogue; Parcel 98- 1-7.11. Page 3 – Agenda Regular Meeting - January 25, 2007 Southold Town Zoning Board of Appeals 1:15 P.M. EAST MARION FIRE DISTRICT #5972. Public Hearing reopened for purposes of receiving testimony relative to projected telecommunications coverage for tower and antennas at heights over 80 feet. A Variance under Section 280-69 (100-162A3, A5) is requested, 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. End of hearings, meeting continues (see below). III.RESOLUTIONS/UPDATED REVIEWS/OTHER: nd A. Special Meeting to be held: Thursday, February 8, 2007 at 6 PM, Town Hall Annex, NFB 2 Floor Executive Board Room, 54375 Main Road, Southold. B. Regular Meeting scheduled for Thursday, January 25, 2007 at 9:30 AM, Town Hall, 53095 Main Road, Southold. C. Work session. D. Deliberations/Decision: HENRY OMAN and CHRISTINA J. OMAN #5970. (PH concluded 11/30/06). 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. IV. ATTORNEY-CLIENT SESSION OR EXECUTIVE SESSION (pending litigation and updates). ZBA FINAL AGENDA 1/9, 1/12, 1/24; 1/25 REGULAR MEETING THURSDAY, JANUARY 25, 2007 - 9:30 A.M. Place of Meeting: Southold Town Hall (Court Room), 53095 Main Road, Southold. Call to Order by Chairman James Dinizio. 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. DELIBERATIONS/DECISION: HENRY OMAN and CHRISTINA J. OMAN #5970. (PH concluded 11/30/06). 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. lease limit presentation to five minutes, with testimony relative to this property III. PUBLIC HEARINGS - P and Zoning Code Sections noted for each: Continued Hearings: 9:35 A.M. KEVIN and LESLEY MILOWSKI #5987. A Variance is requested 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. 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. 9:50 A.M. ROBERT and SUSAN SOMERVILLE #5993. Request for a Variance under Section 280-124, based on the Building Inspector's November 15, 2006 Notice of Disapproval, amended January 3, 2007, concerning proposed additions and alterations to the existing single-family dwelling with a front yard setback of less than the code-required 35 feet, at 595 Oakland Court and Shady Lane, Southold; CTM 90-4-7. Page 2 – Agenda Regular Meeting - January 25, 2007 Southold Town Zoning Board of Appeals 10:00 A.M. FIDCO #5990. Request for a Special Exception, based upon Code Sections 280-48, B6 and B8, concerning a proposed conversion of the existing building to recreation commercial facility and (nonprofit) meeting hall, in this B-General Business Zone District. Location of Property: Fox Lane Building #98 and Greenwood Road, Fishers Island; CTM 12-1-5.1. 10:15 A.M. SANDY GROUND LLC and S. PERRY #5992. Request for a Variance under Section 280-18 to reduce a lot to less than 40,000 square feet in this R-40 Zone, based on the applicant’s submission of an application to the Southold Town Planning Board under the Subdivision Code (Chapter 240) for a lot line change. The proposed lot line change will increase the improved lot (Parcel 1) located in the Hamlet Business Zone District from 10,498 square feet to 29,088 square feet (plus 3,228 square feet of area of flag and right-of-way to Parcel 2), and will reduce the residential (Parcel 2) from 49,967 square feet to 24,891 square feet (plus 3,258 square feet for right-of-way and 3,228 square feet flagged area, also within the boundary of the parcels). Location of Property: 57190 Main Road (S.R. 25) and private right-of- way extending 244.19 feet from the east side of Town Harbor Lane, Southold; CTM 63-4-3 and 5.1. 10:20 A.M. ARTHUR AIELLO #5995. Request for a Variance under Section 280-122 (100-244), based on the Building Inspector's June 16, 2006 Notice of Disapproval concerning a proposed 16’ by 20’ accessory garage which increases the lot coverage over the code limitation, at 615 Marlene Lane, Mattituck; CTM 143-3-26. 10:30 A.M. RUSSELL and FLORENCE PELLICANO #5991. Request for a Special Exception under Section 100-31B of the Southold Town Zoning Code. The Applicants-owners request a Bed and Breakfast use, incidental to the owner’s occupancy in this single-family dwelling, for lodging and serving of breakfast to transient roomers, as an accessory use. Location of Property: 9680 North Bayview Road, Southold; CTM 79-8-13.1. 10:40 A.M. PHILLIP and LINDA KERMANSHAHCHI #5986. Request for a Variance under Section 290-14, based on the Building Inspector's October 20, 2006 Notice of Disapproval concerning an as-built addition to the single-family dwelling with a setback at less than the code-required 60 feet from the front lot line, at 7213 Peconic Bay Boulevard, Laurel; CTM 126-10-1.2. 10:50 A.M. HENRY RUGGIERO #5982. Request for a Variance under Section 280-122, based on the Building Inspector's October 26, 2006 Notice of Disapproval concerning alterations and/or reconstruction of an existing sunroom, which will increase the degree of nonconformance when located less than 15 feet on a single side yard (ZBA Interpretation No. 5039 in the Walz application). Location of Property: 425 Calves Neck Road, Southold; CTM 63-7-29.1. 11:05 A.M. W. BRUCE and MARY ANN BOLLMAN #5680. Hearing reopened for purposes of receiving documentation and testimony relative to LWRP Code Chapter 268 (Local Waterfront Revitalization Law). This is an application concerning a request for Variances under Section 100-244, based on the Building Department's February 3, 2005 Notice of Disapproval, concerning an application for a building permit to substantially remove or demolish existing dwelling, and to construct a new single-family dwelling: (1) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent, and (4) at less than 75 feet from the bulkhead. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. Page 3 – Agenda Regular Meeting - January 25, 2007 Southold Town Zoning Board of Appeals Resolution to Recess 12:50 PM. * * * 1:10 P.M. Resolution to reconvene. 1:10 P.M. WILLIAM E. LEHMANN and ALICE LEHMANN #5989. Request for a Variance under Section 280-13A (100-31A), based on the Building Inspector's July 28, 2006 Notice of Disapproval which states that the proposed garage is not a permitted use on this vacant property located at 725 Rabbit Lane, East Marion; CTM 31-17-17. 1:10 P.M. JOSEPH E. GULMI and SUSAN BRAVER #5994. Resolution to receive testimony to be offered at this time, and RESOLUTION to grant applicants’ request for adjournment, to . This is an March 29, 2007 9:35 A.M. with required mailings and sign posting by applicants application requesting Variances under Sections 280-13 (formerly 100-33) and 280-105, based on the Building Inspector's December 11, 2006 Notice of Disapproval concerning an as-built swimming pool in a location other than the code-required rear yard and fence height exceeding the code height limitation of four feet, at 250 Pine Tree Court, Cutchogue; Parcel 98-1-7.11. 1:15 P.M. EAST MARION FIRE DISTRICT #5972. Public Hearing reopened for purposes of receiving testimony relative to projected telecommunications coverage for tower and antennas . A Variance under Section 280-69 (100-162A3, A5) is requested, based at heights over 80 feet 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: 9245 Main Road, East Marion; CTM 31-3-11.31 containing 3.05 acres. End of hearings, meeting continues (see below). IV.RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution setting Special Meeting to be held Thursday, February 8, 2007 at 6 PM, Town nd Hall Annex, NFB 2 Floor Executive Board Room, 54375 Main Road, Southold. B. Resolution authorizing advertising of complete applications to be held at Regular Meeting scheduled for Thursday, February 22, 2007 at 9:30 AM, Town Hall, 53095 Main Road, Southold. 0 C. Discussion: New Accessory Building Law and pending Appeal (LL#2-2007). D. Resolution to authorize acceptance of Appeal of Mary Zupa for review for processing as new Appeal, and advertising of public hearing when complete. E. Work Session: Discussion: Open Government (Feb. 20, 2006 Miller Mannix Agenda Copies) Discussion: Requests for Records and Information. V. ATTORNEY-CLIENT SESSION OR EXECUTIVE SESSION (Updates regarding Milot v. ZBA; Assistance Town Attorney reviews regarding Zupa v. ZBA; Blocker v. ZBA regarding conditions on Zang Appeal).