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Home My WebLink AboutZBA-03/29/2007 Agenda AGENDA Prep 3/26 ZBA REGULAR MEETING THURSDAY, MARCH 29, 2007 9:30 A.M. Place of Meeting: Southold Town Meeting Hall (court Room), Main Building, 53095 Main Road, Southold. 9:30 A.M. Call to Order by Chairman Dinizio. I. STATE ENVIRONMENTAL QUALITY REVIEW ACT: Resolution to determine Type II Actions (no further step required for dimensional variances, accessory special permits: accessory apartments or bed and breakfast uses). II. PUBLIC HEARINGS with ZBA reading of Legal Notice for each application: (The public is requested to limit presentation to five minutes when possible, and with testimony as it relates to this property, this application and related to Zoning Code, and Building Inspector determination for each): 9:20 A.M. WILLIAM E. LEHMANN and ALICE LEHMANN #5989 (PH 1/25 Carryover for discussion regarding This is an application requesting a Variance under Section 280-13A (100-31A), details of possible C & Rs): based on the Building Inspector's July 28, 2006 Notice of Disapproval for the reason that the proposed garage is not a permitted use on this vacant property located at 725 Rabbit Lane, East Marion; CTM 31-17- 17. 9:30 A.M. GERALD LANG #5998 (Carryover PH from 2/22 for sign placement and request for extension of time ). This is an application requesting: (a) Reversal under Section 280-116-B, based on the by Richard Burden Building Inspector’s July 7, 2006 Notice of Disapproval, amended September 14, 2006, concerning a second-story deck built in 1973, at less than 75 feet from the top of the bulkhead, and/or a variance as an alternative; and (b) Variance under Section 280-15-C concerning an as-built accessory structure (playhouse) located at less than 35 feet from the front yard line. Location: 3480 Ole Jule Lane, Mattituck; CTM 122-4-21. 9:40 A.M. LYNNE CARDACI #6012. Request for a Variance under Section 280-124, based on the Building Inspector's January 9, 2007 Notice of Disapproval concerning an application for a building permit for a proposed addition to the existing dwelling at less than 40 feet from the front lot line, at 80 Jernick Lane (at Oaklawn Avenue), Southold; CTM 70-3-16. 9:50 A.M. STEPHEN and CLARA WONG #6014. Request for a Variance under Section 280-15, based on the Building Inspector's January 25, 2007 Notice of Disapproval concerning an application for a building permit to locate an accessory garage in a front yard rather than a rear yard. Location of Property: 1780 East Gillette Drive and (west) Gillette Drive, East Marion; CTM 38-3-23.1. 10:00 A.M. PAUL R. CADMUS #6016. Request for a Variance under Section 280-124, based on the Building permit for a covered Inspector's January 26, 2007 Notice of Disapproval concerning an application for a building porch addition, less than 40 feet from the front lot line, at 7005 Main Road, East Marion; CTM 31-1-3. Page 2 – Agenda Regular Meeting of March 29, 2007 Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS with ZBA reading of Legal Notice for each application (continued): (The public is requested to limit presentation to five minutes when possible, and with testimony as it relates to this property, this application and related to Zoning Code, and Building Inspector determination for each): 10:10 A.M. LEE and MARIE BENINATI #6017. Request for Variances under Sections 280-15 and 280-38C- 1, based on the Building Inspector's January 4, 2007 Notice of Disapproval, amended February 22, 2007 concerning an application for a building permit for an accessory garage with storage loft: (a) in a yard other than the required rear yard, (b) set back less than 25 feet from the property line, (c) height exceeding the code limitation of 22 feet to the top of the ridge, and (d) dormer exceeding 40% of the roof width. Location of Property: 3070 Peconic Lane and C.R. 48 (Middle Road or North Road), Peconic; CTM 74-3-15. 10:30 A.M. NANCY BORIS #6007. Request for a Variance under Section 280-124, based on the Building Inspector's October 24, 2006 Notice of Disapproval concerning an application for a building permit for an addition to the dwelling at less than 35 feet from the front yard lot line and with lot coverage exceeding the code limitation of 20%. Location: 335 Pierce Drive and private right-of-way, Cutchogue; CTM 136-1-8. 10:40 A.M. THOMAS RYZUK #6009. Request for a Variance under Section 280-124, based on the Building Inspector's January 19, 2007 Notice of Disapproval concerning a proposed new dwelling, after demolition of the existing structure. The dwelling is proposed at less than 15 feet on a single side yard and less than a total of 35 feet combined side yard setbacks, at 790 North Sea Drive, Southold; CTM 54-5-14. 10:50 A.M. PERICLES NOTIAS #6005. Request for a Variance under Section 100-30A.3 (280-18), based on the Building Inspector's March 30, 2005 Notice of Disapproval concerning an as-built dwelling (ref. B.P. File Ref. 29700-Z) exceeding the code limitation of 2-1/2 stories at 675 Summit Drive, Mattituck; CTM 106- 1-47. 11:00 A.M. JOSEPH GULMI and SUSAN BRAVER #5994. Request for a Variance under Zoning Code Section 280-105, based on the Building Inspector's December 11, 2006 Notice of Disapproval, and request for relief from Condition under ZBA No. 5340 concerning the setback location of an as-built pool (ref. B.P. #91932-Z), at less than 30 feet from the front lot line. Location: 250 Pine Tree Court, Cutchogue; CTM 98- 1-7.11. RESOLUTION for recess for attendance by P. and E. Walker on 4/26 at 11 A.M. Resolution to Recess until 1:00 P.M. * * * Page 3 – Agenda Regular Meeting of March 29, 2007 Southold Town Zoning Board of Appeals 1:00 P.M. Resolution to reconvene. II. PUBLIC HEARINGS with ZBA reading of Legal Notice for each application: (The public is requested to limit presentation to five minutes when possible, and with testimony as it relates to this property, this application and related to Zoning Code, and Building Inspector determination for each): 1:00 P.M. VICKI HAUPT #6000 This is an application requesting a Variance (Carryover PH from 2/22). based on the Building Inspector's December 18, 2006 Notice of Disapproval concerning an application for a building permit. The grounds cited in the Disapproval are: The proposed construction is not permitted under Section 280-121. Except as provided hereinafter nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior to, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such building or use: A) shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. The structure was erected in 1960 under a permit, and under current zoning regulations, the structure is nonconforming. (The applicant states that the structure is a seasonal, one-story structure with a bedroom and a bathroom, and is part of single-family dwelling two-section construction noted in the July 22, 1960 Certificate of Occupancy Z-792 and May 23, 1960 Building Permit No. 1090-Z.) Location of Property: 2200 Central Drive, Mattituck; CTM 106-1-25. 1:25 P.M. JOHN and PATRICE KEITT #6008. Request for Variances under Sections 280-15, 280-116B, and 280-124, based on the Building Inspector's January 11, 2007 Notice of Disapproval concerning an application for a building permit for as-built shed, new porch construction after removal of a screen porch, and new addition to dwelling. The reasons stated in the disapproval are: (a) decking construction is shown with a zero setback from the bulkhead, (b) the as-built screened porch is less than 75 feet from the bulkhead; (c) the rear yard setback is proposed at less than 50 feet; (d) the as-built accessory shed does not meet the required 5 ft. minimum setback under ZBA No. 3229. (Note: Variance relief is not requested for the trellis structure.) Location of Property: 280 Basin Road, Southold; CTM 81-1-19. 1:50 P.M. ROBERT SEELEY #5912 ( Carryover PH per applicant’s request regarding PB clarification of filed Request for a Variance covenants; amended plan submitted during 11/22/06 for 72.66 ft. top of bluff setback). 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 in a location 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. 2:05 P.M. EDWARD FERGUS #5941 (Carryover PH). This is an application requesting a Variance under Section 280-18 (100-30A.3) based on the Building Inspector's May 31, 2006 Notice of Disapproval concerning an application for a building permit to build a single-family dwelling in a location less than the code-required 50 feet from the rear lot line, at 1854 North Bayview Road, Southold; CTM 70-12-39.3. 2:20 P.M. MARY ZUPA #6010. This is an Appeal for an Interpretation or other action, based on the Building Department’s December 21, 2006 return of a building permit application to construct a single- family dwelling at 580 Basin Road, Southold; CTM 81-1-16.7. (End of hearing sessions, meeting continues – see next page) III. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution authorizing filing of Minutes prepared for Meetings: 2/22/07, 2/8/07, 3/8/07 with Town Clerk. nd B. Reminder: Special Meeting 6 P.M. Thursday, April 19,2007 Annex NFB Building, 2 Floor. C. Reminder: Regular Meeting 9:30 A.M. Thursday, April 26, 2007 at Town Meeting Hall. D. Other business: (t/b/d) IV. EXECUTIVE SESSION (litigation matters).