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Home My WebLink AboutZBA-07/28/1999 Agenda 0',,\ . '~c~~~ APPEALS BOARD MEMBER \.C , Gerard P. Goehringer, Chairman \, James Dinizio, Jr. ;\ (j .) Lydia A. Tortora . \.-' Lora S. Collins A C {:/ / George Horning pp7>>~ l}~c;,\\fFDL.t C'-', I~~.~\.. ~ :;..\10 (:) ;,...(:.", "" ~l:, ~ ~y ~. ~ ~o./ + i-~<:::>' . . Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Prep. 7/27 Upd. 7/284 p.m. AGENDA SPECIAL MEETING WEDNESDAY. JULY 28. 1999 6:30 p.m. Call to Order. I. SEORA (determinations pending additional information): A. Schroeder Property - Main Road, East Marion. LEAF review. Resolution/status. B. Gazza-Letteri - new private road for five future dwellings extending from Main Road. e. Mattituck Library expansion - PB Site plan, ZBA Special Exception & side yard variance. D. Hellenic-Giannaris for multiple habitable buildings, restaurant, etc. on 2.5+- acres with variance(s). (Also await additional documentation from agencies before advertising variance. ) II. PUBLIC HEARINGS: (none) III. DELIBERATIONS/DECISIONS: App. No. 4698 - WILLIAM LIEBLEIN and BUDD'S POND REALTY. Garrett Strang, R.A. Variances requested for lot size, proposed rear vard setback and buildina heiaht at 62845 and 62945 Main Road, Southold; 1000-56-4-11 and 13.2. Zone: M-ll Marine District. App!. No. 4727 - STANLEY PAWLOWSKI. This is a request for a Variance under Article III, Section 100-30A.3, Bulk Schedule, based upon a Notice of Disapproval with regard to lot coverage in excess of code limitation for a proposed accessory storage building at 1785 Crown Land Lane, Cutchogue; Parcel 1000-102-7-4. App!. No. 4714 - ROBERT AND JOYCE BARRY. This is a request for a Variance under Article III-A, Section 100-30AA based upon a Notice of Disapproval issued June 7, 1999 for the proposed location of a new, detached two-car aaraae in an area other than the reauired rear vard. Location of Property: 875 West Cove Road, Cutchogue, NY; Parcel 1000-111-3-18. ,/ App!. No. 4713 - F. and L. MARKHAM. The Boulevard Group, Inc. Applicants request Variances under Article XXIV, Section 100-244 based upon a Notice of Disapproval issued March is, 1999 for the proposed location of a new addition to dwelling with an easterlv side vard at less than the existing eight feet and combined side vards at less than 25 feet. Location: 875 Mason Drive, Cutchogue, NY; 1000-104-5-37. Page 2 - Agenda July 28, 1999 Special Meeting . Southold Town Board of Appeals . ~ Appl. No. 4715 - GREGORY MICHELIS. Applicant is requesting Variances under Article Ill, Section 100-33, based upon two June 8, 1999 Notices of Disapproval for a proposed in- around 0001 with deck is requested in a side yard rather than the reauired rear yard and under Article XXIII, Section 100-231, for a proposed accessory tennis court with fencing at a height greater than four (4) feet in a front yard area. Location of Property: 430 Salt Marsh Lane, Peconic, NY; Parcel 1000-68-3-13. Appl. No. 4716 - STANLEY RUTKOWSKI. This is a request for a Variance under Article Ill, Section 100-33, based upon a June 8, 1999 Notice of Disapproval which states that the proposed accessory buildina is requested in a front yard rather than the required rear yard. Location of Property: 5705 Main Road, East Marion, NY; Parcel 1000-35-2-16.1. Appl. No. 4717 - ANTHONY AND CHERYL SCLAFANI. Deborah Doty, Esq. This is a request for a Variance under Article Ill, Section 100-31A(1), based upon an April 29, 1999 Notice of Disapproval which states that the proposed renovation for family auarters in an accessory buildina would be a second dwelling. Section 100-31A(1) provides for "one family detached dwellings not to exceed one dwelling on each lot." Location of Property: 790 Ruch Lane, Southold, NY; Parcel 1000-52-2-29. Appl. No. 4718 - JAMES RYAN. Tenant (Owner: Alan Cardinale). This is a request for a Special Exception under Article IX, Section 100-91B(11) to establish take out restaurant use in existing building known as 50 Love Lane, Mattituck, NY; Parcel 1000-140-3-42.2. W. and K. VON EIFF (Owners: W. and S. Franken). Gary Flanner Olsen, Esq. With respect to property known as 74605 Main Road, Greenport; 1000-45-4-5.1. B General Business Zone District, requesting: Appl. No. 4720 for a Special Exception under Article X, Section 100-1018(5) for Q sinale-familY dwellina in an existing building; and Appl. No. 4721 for a Variance under Article X, Section 100-102, Bulk Schedule, to allow dwelling use in conjunction with a permitted business use on this 23,396+- sq. ft. parcel, based upon a Notice of Disapproval dated June 14, 1999 which states: "Proposed project is in a B Zone, one-family dwelling use requested was pre- existing nonconforming that has lost its status pursuant to Article XXIV, Section 100-241G which states: ...Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a yariance therefor shall haye been granted by the Board of Appeals. One family dwelling use is currently a Special Exception use in the B Zone (Section 100-101B-5). Pursuant to Article X, Section 100-102, Bulk Schedule requires 30,000 sq. ft. per business use, one-family dwelling use listed as N/A." .' Page 3 - Agenda . July 28, 1999 Special Meeting Southold Town Board of Appeals . Appl. No. 4719 - JOSEPH AND GLORIA YACCARINO. This is a request for a Variance under Article III, Section 100-33, based upon a Notice of Disapproval dated May 24, 1999 (and building permit application dated March 31, 1999) to construct a proposed accessory shed in an area other than the required rear vard. Location of Property: 21605 Main Road, Cutchogue, NY; Parcel 1000-108-3-11. Appl. No. 4722 - CHRIS and DENISE HATTON. Gary Flanner Olsen, Esq. This is a request by the applicants-owners of the existing single-family dwelling for approval of an Accessorv Apartment, by Special Exception as provided under Article IlIA, Section 100-30A.2(B1), and Article III, Section 100-31(B13) as an accessory to their principal residence at 430 Grigonis Path, Southold, NY; County Parcel No. 1000-70-3-8; also identified as Lot #8 on the Map of Harvest Homes Estates, Section 1. Appl. No. 4674 - STEPHEN FRIEDMANN. This is a request for a Variance under Article XXIV, Section 100-244B, based upon the January 8, 1999 Notice of Disapproval which states that the proposed addition/alteration to an existing dwelling is less than 25 feet for total combined side vards at 2140 Deep Hole Drive, Mattituck; Parcel 1000-123-4-4.1. Appl. No. 4685 - VINCENT TORRE. Artist gallery with retail sales requested in this A-C Agricultural-Conservation Zone District at 100 Sound Avenue, Laurel; 1000-120-3-1. Appl. No. 4708 - UEB CELLARS. This is a request for an Interpretation under Article VIII, Section 100-83C which states: A project shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. Applicant proposes to construct a winery on this corner lot with two road frontages (at intersection with Middle Road a/,t<.ja C.R. 48) and requests the Board to interpret whether or not the proposed winery building is required to have sixty (60) linear feet of frontage on one (1) street or on two road frontages, as determined by the Building Department's May 7, 1999 Notice of Disapproval. Site Address: 35 Cox Neck Lane, Mattituck; Parcel 1000-121-6-1. Appl. No. 4723 - SOUTHAMPTON LUMBER. Stephen l. Ham III, Esq. This is a request for a Variance under Article XXIV, Section 100-242G, in applicant's request for a lumberyard use which was disapproved January 12, 1999 for the following reason: "Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, nothing in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals." Location of Property: 13650 Main Road, Mattituck, NY; County Tax Map Parcel 1000-114-11- 24.3. Zone District: Hamlet Business. Appl. No. 4726 - T. ANGELl. J.M.O. Environmental Consulting, This is a request for a Variance under Article XXIII, Section 100-239.4B, based upon the June 9, 1999 Notice of Disapproval for a proposed deck addition for the reason that the deck is proposed at less than 75 Page 4 - Agenda . July 28, 1999 Special Meeting Southold Town Board of Appeals . " feet from the bulkhead at 305 Gull Pond Lane, Greenport; Parcel 1000-35-4-28.25; also known as Lot 10, Map of Fordham Acres, 5ection One IV. OTHER RESOLUTIONS: 1. Possible Resolution to add the following recent applications for hearing on 8/18: Appl. of R. Tapp and Ms. Ellis. V. POSSIBLE EXECUTIVE SESSION (pending litigation).