HomeMy WebLinkAboutZBA-05/31/2007 Agenda
AGENDA
ZBA REGULAR MEETING
THURSDAY, MAY 31, 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. DR. LAWRENCE KELLY #6026. Request for a Variance under Code Section 280-86,
based on the Building Inspector's January 2, 2007 Notice of Disapproval concerning a
proposed ground identification sign which will be larger than two square feet in area, at 26270
Main Road, Cutchogue; CTM 109-3-3.
9:35 A.M. PECONIC RECYCLING AND TRANSFER CORP. (and COMMERCE EAST ONE, LLC by
JOHN M. DIVELLO) #6030. Request for Area Variances under Sections 280-59, 280-60A and C,
and Bulk Schedule, based on the Building Inspector's amended May 15, 2007 Notice of
Disapproval concerning proposed building and fence construction. The Building Inspector
states that the new construction will be: (1) less than the code-required minimum 75 feet from
the rear property line, (2) less than the required minimum 100 feet from the front lot line
adjacent to a right-of-way, *
(3) greater than the code limitation of 60 linear feet of frontage (width),
(3) lot coverage in excess of code limitation of 20 percent of the total lot size, and (4) fence
height exceeding code maximum limitation of 6½ feet. Location of Property: Commerce Drive
and Right-of-Way, Cutchogue; CTM 95-2-5.
*Transfer station is exempt from linear frontage code
limitation.
10:05 A.M. ROGER P. SMITH and CONSTANCE A. SMITH #6025. Request for Variances: (1)
based on the Building Inspector's January 22, 2007 Notice of Disapproval citing former Code
Section 280-15, and (2) based on the current Code Section 280-15 concerning the proposed
accessory garage construction which will exceed the code limitation of 40% for dormers. The
Notice of Disapproval cites the former Code provisions concerning setback and height
requirements (citing 10 ft. as a minimum setback and 18 ft. as a maximum mean height).
Current Section 280-15 as amended by Local Law states that accessory buildings shall not
exceed 22 feet to the highest point of the ridge, and that setbacks shall be not less than 20 feet
Page 2 – Agenda (
updated 5/30/2007)
May 31, 2007 Regular Meeting
Southold Town Zoning Board of Appeals
(when located in a rear yard). In addition, a Variance is requested to locate an accessory
pergola in a side yard (rather than the code-required 20 ft. setback when located in a rear yard).
Location of Property: 60015 Main Road, Southold; CTM 56-3-10
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:
10:35 A.M. CHERYL and ERIK HANSEN #6032. Request for a Variance under Section 280-
116B, based on the Building Inspector's November 21, 2006 Notice of Disapproval and
applicants’ request for a building permit, concerning proposed reconstruction and relocation
of an existing sunroom at less than 75 feet from the easterly bulkhead, at 445 Elizabeth Lane,
Southold; CTM 78-5-3.
LWRP letter received 5/30 - exemption recommended.
10:40 A.M. SUSAN EMANUELE #6036. Request for a Variance under Section 280-124, based
on the Building Inspector's January 30, 2007 Notice of Disapproval concerning an application
for a building permit to construct additions and alterations to the existing dwelling, for the
reason that the new construction will be less than the code-required minimum of 15 feet on a
single side yard, at 1585 Breakwater Road, Mattituck; CTM 106-8-20.4.
11:05 A.M. DAVID R. BEREZNY JR. #6039. Request for a Variance from Section 280-124, based
on the Building Inspector's May 2, 2007 Notice of Disapproval concerning an application for a
building permit to construct a swimming pool with a lot coverage in excess of the code
limitation of 20% of this 14,888 square ft. lot. Location of Property: 680 Westview Drive,
Mattituck; CTM 139-1-15.
11:15 A.M. THOMAS BYRNE and VERONICA KALISKI #6031. Request for Variances under
Sections 280-116B and 280-124, based on the Building Inspector's February 20, 2007 Notice of
Disapproval concerning an application for a building permit to construct as-built and new
additions/alterations to the existing single-family dwelling, which are less than 35 feet from the
front lot line, less than 75 feet from the bulkhead, and less than 10 feet on a single side yard.
Location of Property: 2345 Bayview Avenue (corner), Southold; CTM 52-5-1.
11:25 a.m. SCOTT KRUK #6034. Request for Variances under Sections 280-15, based on an
application for a building permit, and the Building Inspector's April 19, 2007 and February 21,
2007 Notices of Disapproval, concerning proposed accessory swimming pool and accessory
garage locations in a yard other than the code-required rear yard, at 40135 County Road 48
(a/k/a Middle Road or North Road), Southold; CTM 59-9-30.5.
11:40 A.M. THOMAS and MILDRED TOIVONEN #6035. Request for a Variance under Section
280-15, based on the Building Inspector's March 21, 2007 Notice of Disapproval concerning an
application for a building permit to construct an accessory hot tub/gazebo structure in a yard
other than a code-required rear yard, and proposing it in the front yard adjacent to Cedar Lane.
Location of Property: 1065 East Gillette Drive, East Marion; CTM 38-4-18.
Page 3 – Agenda (
updated 5/30/2007)
May 31, 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:
12:20 P.M. LEO ALESSI #6028. Request for a Variance under Section 280-15C, based on the
Building Inspector's February 20, 2007 Notice of Disapproval concerning a proposed swimming
pool and related equipment in a front yard with a setback at less than the code-required 50 feet
from the front property line on this 53,244 sq. ft. parcel, at 1700 Cedar Point Drive East,
Southold, CTM 92-1-3.
12:35 P.M. LINDA SANFORD #6037. Request for a Variance under Section 280-14 concerning a
request to amend Building Permit No. 32082-z concerning a new dwelling, under construction,
with conversion of the third-floor attic area to a finished floor area, determined to be a third
story under the Building Inspector’s April 2, 2007 Notice of Disapproval. Location of Property:
780 Private Road #17 (Paradise Point Road and North Bayview Road), Southold; CTM 81-3-27.1.
12:45 P.M. AMY and CHRISTOPHER ASTLEY #6004 ( Request for
continued for amendments).
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
Location of Property: 460
than the code-required rear yard and less than 40 feet from the front lot line.
Northview Drive, Orient; CTM 13-1-5.2.
(Carryover hearings if any from earlier session).
(Meeting continues after last hearing, see next page)
III. DELIBERATIONS/DECISIONS (t/b/d)
IV. RESOLUTIONS/UPDATED REVIEWS/OTHER:
nd
A. Reminder: Special Meeting 6 P.M. Thursday, June 14,2007 Annex Building, NFB 2 Floor.
B. Reminder: Regular Meeting 9:30 A.M. Thursday, June 28, 2007 at Town Hall.
C. Work Session Business:
1. Drafted ZBA Replies concerning written inquiries ref. ZB decisions/conditions (JD)**.
2. Bluff setbacks interpretation (Walz) LI Sound Code Provision (JD).
3.
V. EXECUTIVE SESSION
(t/b/d, if any at this time regarding litigation matters).
** More info attached for ZBA Members.