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HomeMy WebLinkAboutZBA-04/26/2007 Agenda AGENDA 4/16; upd. 4/24 ZBA REGULAR MEETING THURSDAY, APRIL 26, 2007 9:30 A.M. Place of Meeting: Town Hall (Main Building), Court Room, 53095 Main Road, Southold. 9:30 A.M. Call to Order by ZBA Chairman James Dinizio. I. STATE ENVIRONMENTAL QUALITY REVIEW ACT: Resolution to determine Type II Actions (no further SEQRA steps required for interpretations, dimensional variances, accessory special permits: accessory apartments or bed and breakfast uses). II. PUBLIC HEARINGS with reading of Legal Notice for each hearing: Speakers are requested to provide their name and address, and to limit presentation to five minutes when possible, and with testimony as it relates to the ZBA application, Zoning Code, and Building Inspector determination for the premises: 9:30 A.M. ALAN SANTOS #6011. Request for a Variance under Section 280-15-B, based on the Building Inspector's December 13, 2006 Notice of Disapproval concerning a proposed shed attached at the side of the dwelling, set back less than 20 feet from property line. Location of Property: 933 New Suffolk Road and private right-of-way, Cutchogue; CTM 102-6-24. 9:35 A.M. MARTHA ROSENTHAL #6024. Request for a Variance under Section 280-124, based on applicant’s request for a building permit and the Building Inspector's February 20, 2007 Notice of Disapproval concerning a proposed addition which will be less than 35 feet from the rear lot line, at Munnatawket Road (north of Fox Avenue), Fishers Island; CTM 6-3-2. 9:40 A.M. JERRY and LINDA MATEJKA #6018. Request for a Variance under Section 280-15, based on the applicants’ request to amend Building Permit No. 32557-Z, based on the Building Inspector's February 2, 2007 Notice of Disapproval concerning the existing garage located in a yard other than the code-required rear yard. The new construction places the existing garage in a side yard, at 1300 Strohson Road, Cutchogue; CTM 103-10-27. 9:45 A.M. JOHN AND VIVIAN ANEMOYANIS #6019. Request for a Variance under Section 280-124, based on Building Permit #32427-Z and construction of the deck addition, a corner of which is less than 50 feet from the rear lot line at its closest point, at 2960 Lighthouse Road, Southold; CTM 50-4-2.2. Page 2 – Agenda ( updated 4/24/2007) April 26, 2007 Regular Meeting Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS with reading of Legal Notice for each hearing, (continued): Speakers are requested to provide their name and address, and to limit presentation to five minutes when possible, with testimony as it relates to the ZBA application, Zoning Code, and Building Inspector determination for the premises: 9:50 A.M. CELESTE SHEVLIN and PATRICIA BOOKE #6021. Request for a Variance under Section 280-124, based on the applicants’ request for a building permit to construct additions and alterations to the existing dwelling, and the Building Inspector's Notice of Disapproval, amended March 8, 2007, stating the new construction will be less than 40 feet from the front lot line facing Wunneweta Road. Location: 1020 Vanston Road, Cutchogue; CTM 104-12-11. 10:05 A.M. PAUL CACIOPPO #6020. Request for Variances based on the Building Inspector's March 6, 2007 amended Notice of Disapproval, stating: (1) under Section 280-15, the side yard setback shall not be less than five feet, for the existing accessory cottage, approximately 16 feet in height; (2) under Section 280-15B, the existing accessory garage will result in a side yard location instead of a code- required rear yard, after the proposed construction; (3) the proposed additions to a nonconforming accessory cottage use are not permitted under Sections 280-13C and 280-121A; no enlargement, alteration, extension, reconstruction, or restoration, or placement 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; (4) under Section 280-124, the proposed additions and alterations to the single-family dwelling are not permitted for the reason that the new construction will be less than 35 feet from the rear lot line and the lot coverage will exceed the code limitation of 20 percent building coverage. Location: 735 Jackson St., New Suffolk; CTM 117-9-6. 10:15 A.M. LINDA BERTANI #6022. Request for a Variance under Sections 280-122A and 280-124, based on applicant’s January 22, 2007 application requesting a building permit to construct a porch addition and the Building Inspector's Notice of Disapproval stating that the new addition will constitute an increase in the degree of nonconformance under Zoning Code Interpretation #5039 (Walz) when constructed less than 40 feet from the front lot line at North Bayview Road. Location: 1380 Oakwood Drive, Southold; CTM 70-12-32. 10:30 A.M. LEILA HADLEY LUCE #6015. Request for a Variance under Section 280-124, based on the Building Inspector's August 25, 2006 Notice of Disapproval, amended March 7, 2007 concerning proposed additions and alterations to an existing single-family dwelling at less than 35 feet from the westerly front yard lot line. Location of Property: West Side of Montauk Avenue and East Side of private right-of-way, Fishers Island; CTM 10-8-1.2. 10:45 A.M. LENNY and RANDEE DADDONA #6023. Request for a Variance under Section 280-15, based on the applicant’s request for a building permit to construct a swimming pool, and the Building Inspector's March 9, 2007 Notice of Disapproval for the reason it is proposed in a yard other than the code-required rear yard on this 34,538 sq. ft. lot with two front yards, at 1380 Calves Neck Road, Southold; CTM 63-7-25. Page 3 – Agenda ( updated 4/24/2007) April 26, 2007 Regular Meeting Southold Town Zoning Board of Appeals II. PUBLIC HEARINGS with reading of Legal Notice for each hearing, (continued): Speakers are requested to provide their name and address, and to limit presentation to five minutes when possible, with testimony as it relates to the ZBA application, Zoning Code, and Building Inspector determination for the premises: 10:50 A.M. AMY and CHRISTOPHER ASTLEY #6004. Request for Variances under Sections 280-10, 280-15, 280-124, 280-116, based on the applicants’ request for a building permit and the Building Inspector’s December 26, 2006 Notice of Disapproval, concerning: (1) a screened porch addition proposed at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, (2) proposed additions to the existing dwelling which will be less than 40 feet from the front property line, and (3) proposed swimming pool in a location other than the code-required rear yard and less than 40 feet from the front lot line. Location of Property: 460 Northview Drive, Orient; CTM 13-1-5.2. 11:00 A.M. JOSEPH GULMI and SUSAN BRAVER #5994. Request for Variances under Zoning Code . Section 280-105, based on the Building Inspector's December 11, 2006 Notice of Disapproval concerning an as-built fence exceeding the code limitation of four feet in height when located in or along a front yard area, and under former Section 100-33 (now 280-15) for relief from Condition under ZBA No. 5340 concerning the location of an as-built swimming pool (ref. B.P. #91932-Z), at less than 30 feet from the front lot line. Location of Property: 250 Pine Tree Court, Cutchogue; CTM 98-1-7.11. ( This hearing date requested by adjacent homeowners, Peter and E. Walker Resolution to Recess until 1:00 P.M. 1:00 P.M. Resolution to Reconvene. III. DELIBERATIONS/DECISIONS (carryover items from 4/19 Agenda): PH concluded 3/29 and written record concluded 4/19: EDWARD FERGUS #5941. 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. PH concluded 3/29: 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)(b) ( decking construction is shown with a zero setback from the bulkhead, the as-built (c) screened porch is less than 75 feet from the bulkhead; the rear yard setback is proposed (d) at less than 50 feet; the as-built accessory shed does not meet the required 5 ft. minimum setback under ZBA No. 3229. Location (Note: Variance relief is not requested for the trellis structure.) of Property: 280 Basin Road, Southold; CTM 81-1-19. Page 4 – Agenda ( updated 4/24/2007) April 26, 2007 Regular Meeting Southold Town Zoning Board of Appeals IV. PUBLIC HEARINGS, continued from II above, with reading of Legal Notice for each hearing: Speakers are requested to provide their name and address, and to limit presentation to five minutes when possible, with testimony as it relates to the ZBA application, Zoning Code, and Building Inspector determination for the premises: 1:00 P.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: 3070 Peconic Lane and C.R. 48 (Middle Rd; North Rd), Peconic; CTM 74-3-15. nd 1:15 P.M. KATHLEEN BOWER #5981. ( Carryover from February 22 - extending additional time needed by applicants to obtain a site diagram, plot plan or site survey prepared by a professional confirming details of Request for a Variance under Section 280-15, building/property/setback to front property line at closest point). 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 54-7-1.3. 1:25 P.M. MARY ZUPA #6010 . (Carryover from 3/29 PH, with adjournment – extending time for applicant to amend This is an Appeal for an Interpretation or other action, based on the application as per 3/29 PH discussions). 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) V. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Resolution authorizing filing of Minutes as prepared for 4/19/07 ZBA Meeting with the Town Clerk. B. Discussion: Correspondence and Department Inquiries (JD). nd C. Reminder: Special Meeting 6 P.M. Thursday, May 10,2007 Annex Building, NFB 2 Floor. D. Reminder: Regular Meeting 9:30 A.M. Thursday, May 31, 2007 at Town Hall. E. Other business: (t/b/d) VI. EXECUTIVE SESSION (litigation matters).